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Water Main Easement with Pennwood III LLC for Newton's NookADA COUNTY RECORDER Christopher D. Rich 2016.055041 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 06/23/2016 09:36 AM MERIDIAN CITY NO FEE 11111111111111 II III II VIII III II I I 1111111111111111 00239736201600650410060063 WATER MAIN EASEMENT x aks` JvvXe- THIS INDENTURE, made this Art day of , 20_L(,, between �>D M% the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 04/29/16.doe THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: E President AIAOAV,�7l PF .� It-, STATE OF IDAHO ) . ss. County of Ada ) On this day of f ' -, 20 ZL before me, the undersigned, a Notary Public in and for said State, per onally appeared f''� and ed known or identifito me to be the --' ent and e `re�tary, respectively, of the corporation that executed the within instrument, and c �owledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and,Xgg first above written. %% f w S �pNOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: r£ Wate in P&wrd''e REV.04/29/16.doc Yid 0 t:: GRANTEE: CITY OF MERIDIAN de OkV -r `g Attest by Jacy J nes, t y �S � E I�IgNA.- n, �oAMo Approved By City Council On: (C) 1 � o� SEAL STATE OF IDAHO, ) : ss County of Ada ) On this o'-?\ day of ") ur e , 20 �, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jacy Jones, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUB.LIC FOR IDAHO Residing at: Q� Commission Expires: -12- Water Main Easement REV. 04/29/16.doc March 16, 2016 Project No. 116022 - F E Page 1 of 1 THE LAND GROUP, INC. Water Line Easement PENNWOOD III, LLC An easement located in a portion of Lot 5 of Newton's Nook Subdivision, Book 98, Page 12383, as recorded in official records of Ada County, situated in the Northeast One Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the Northwest corner of said Newton's Nook Subdivision, marked by a 5/8" steel pin with orange plastic cap "TVE PLS 10782"; thence on the north boundary line of said Newton's Nook Subdivision, South 89°28'56" East, 72.70; thence leaving said north boundary line, South 00°35'24" West, 74.96 feet to the POINT OF BEGINNING; Thence South 89°24'36" East, 49.57 feet, to a point on the westerly line of an existing water line easement, Inst#106017068, as recorded in official records of Ada County; Thence on said westerly line, South 00°35'24" West, 6.00 feet; Thence leaving said westerly line, North 89°24'36" West, 49.57 feet; Thence North 00°35'24" East, 6.00 feet, to the POINT OF BEGINNING. The above described easement contains 297 square feet more or less, subject to all existing easements and rights-of-way of record. PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 03/21/2016 07 Site Plonning e Landscape Architecture - civil Engineering ' Golf Course Irrigation & Engineering ­ Gtophic conununicolioo o Surveying 462 E. Shore Di ive, Ste. 100, Eagle, Idaho 83616 - P 208.939.4041 F 208.939.4445 © www.thelandgroupinc.com Flle Locatlow o:12Di6\i16D22\cacsmey"bits\116022watuuse tpennwMIN 160315.dwg Last Plotted Bymike hn enla Date Plotted: Wednesday, Much 16 2016 at 01:32 PPA 0-0 to CDCD Mq CD MA w I� I I N'b A C4;: LOT 16, 61!(1 FPAIININ SWAM SUM, LOT W. 6U(1FFWIX11F1 SMUhRE 51,9. O C w N00°34'45"• 185.83'—� C? R\l y �ny I mN Co n o0 �c y o CO n V rn z r N o z V • �ICDR n of o z Zy C) 9 S00°35'24"W o 74.96' d � _ — — o ^� I m N00°35'24"E 105.70' Ln N I I" s W � Z 4P n D D� o m n i - c m I+ m — — C00 00 D I i m cc o IIro I� ilro Cil ND M (ND / L I 0 m Cri 9 .a, / � -1 I—� � —ISI m + W CD °° N U I I is o ( o ' ICO P /��� rQM R/vv — — • — — — w S00°35'16"W 238,80'--* _ o f 0 0 S00°35'16"W 518.58' — S. REST 5TH AVENUE a 3 s w.7 r `s fl v a :5 G Eyt Pn Z �'s a� �lt�+I.� M e 1� �� �,� Water Line Easement FRI �� 1,.� Umk o Exibit'6' C Meridian Idaho Q M R Z 2 is o ( o ' ICO P /��� rQM R/vv — — • — — — w S00°35'16"W 238,80'--* _ o f 0 0 S00°35'16"W 518.58' — S. REST 5TH AVENUE a 3 s w.7 Shed TRle: `s fl v a :5 Eyt Pn Pennwodd III LLC �'s a� �lt�+I.� � e 1� �� �,� Water Line Easement FRI �� 1,.� Umk o Exibit'6' g s Meridian Idaho