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Heartland Townhomes Water MainADA COUNTY RECORDER Christopher D. Rich 2016-075778 BOISE IDAHO Pgs=5 LISA BATT 08/1712016 03r110 M lMERIDIANCITY '' II'I"I'I'I0 I2II8 I42 III00 II!'lll06l I6I I' WATER MAIN EASEMENT THIS INDENTURE, made this day ofd, 20 between erly 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: Ct Address STATE OF IDAHO ) ss. County of Ada ) On this ` ' day of , 20 1 , before me, the undersigned, a Notary Public in and for said State, personally appeared 4 14 1 a A 51, atid7 known or identified to me to be the sident-ar Arik !" of the that executed the within instrument, and acknowledged to me that such ^ tion eecute d the same. e. fad{ 4 } BTS F r.1 d b e• p IN WITNESS WHEREOF, I have hereunto setts my hand and affixed my official seal the day and year first V '...r. 1407. SEAL) ELIC Water Main EasementOp9E'•• P IDD 00 NOTARY PUBLIC FOR IDAHO Residing at: i tk UP, Commission Expires: REV. 08/02/16.doe GRANTEE: CITY OF MERIDIAN lleo AUGUG w Cit", of 1i.. Tammy e , Mayor C../'`E IDIIA- IDA tD } W SEAL J Attest by-jna- e- elm n; City Clerk TSR of the 7F EP`' uff ` Ce Approved By City Council On: STATE OF IDAHO, ) ss County of Ada ) On this l Lo day of , 20 before me, the undersigned, a Notary Public in and for said State, rsonally appeared Tammy de Weerd and 4-a3.ce Irl n; 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. Ds" F—, 1—, NOTARY PUBLIC FOR IDAHO Residing at: Lc,L, I p Commission Expires: (o Water Main Easement REV. 08/02/16.doc DESCRIPTION FOR WATER LINE EASEMENT BRINEGAR PRAIRIE SUBDIVISION NO. 1 A utility easement located in the SW 1/4 of Section 2 T.3N., R.1W., B.M., Meridian Ada County, Idaho more particularly described as follows; Commencing at the W1/4 of said Section 2 from which the SW corner bears South 00°18'48" West, 2,642.98 feet; thence along the West boundary line of said Section 2 South 00°18'48" West, 551,27 feet; thence leaving said West boundary line and along the South right-of-way line of W, Chateau Drive South 89°05'53" East, 855.03 feet to the REAL POINT OF BEGINNING; thence continuing along said South right-of-way line South 89005'53" East, 20.00 feet; thence leaving said South right-of-way line South 00052'24" West, 167.00 feet; thence North 89005'53" West, 101.72 feet; thence North 1314'43" East, 20.47 feet; thence South 8905'53" East, 77.33 feet; thence North 00052'24" East, 147.00 feet to the REAL POINT OF BEGINNING. I C5 I J W N m WWz000 I t— co I u1 r- 0 mz I I tCD IDAHO 1450 E, WATERTOWER ST. 130SURVEYMEIRIDIAN, IDAHO 83642 GROUP, y P.C./" ( 208) 846-6570 3 Ice I I 2 11 W. CHATEAU DRIVE S89'05'53"E 855.03' S89'05'53"E 1 20/.00' , REAL POINT V i OF BEGINNING , 1 I , I I i I o, ! 0 I to I o Ir 0CD N z i I iNn 20' WIDE WATER i (n LINE EASEMENT I I I r I I I I S8_99''0_55''5_3"E 7_7.3_3_' N13'14'43"E 20.47' e W. JANELLE ST, N89'05'53"W 101.72' W. CHERRY LANE 5 20 80 o 10 40 120 SCALE: 1 " = 40' EXHIBIT DRAWING FOR WATER LINE EASEMENT BRINEGAR PRAIRIE SUBDIVISION NO. 1 LOCATED IN THE SW 1/4 OF SECTION 2, T.3N„ RAW., B.M., ADA, COUNTY, IDAHO JOB NO, 15-256 SHEET NO. 1 7/18/2016