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Golden Grove Subdivision Heartland Townhomes Property Management, LLC Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-018171 BOISE IDAHO Pgs=5 HEATHER LUTHER 03/01/2017 04:33 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this "' S day of. . 20 j between 1�ta.�f'a„d 'jd wnhop is �rp{a,! the patties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada LGG 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 tinne 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, thatafter malting 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 Maui Easement REV. 08/15/16•doc 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 signatures the dela'Ia^d "T0V" h0 S'y-a GRANTOR: -Pres� /hp)°+ -j �� n Secretary Address STATE OF IDAHO ) . ss. County of Ada ) 'the said parties of the first part have hereunto subscribed their first herein above written. On this day of ~t � rA, 20 1 -7 , before me, the undersigned, a Notary Public in and for said State, personal6 appeared Too A- hg n4 $r and known or identified to me to be the Presidenit and Scrxe�, respectively, of the c that executed the within instrument, and acknowledged to me that such p"5eratinn e ecuted the same. earAPA» ( v n1 r 9'i j IN WITNESS WHEREOF, I have -hereunto set my hand and affixed my official seal the day and year first above written. L ®®® NOTARY PUBLIC FOR IDAHO {-� ® Residing at: 1.5 0 i V Vj(0)T.4 Commission Expires: m ,YF,er,enL REV. 08/15/16.doc ".-V 0 OF jOP�Q. /N nov r GRANTEE: CITY OF MERIDIAN 1 Tammy de Weerd, a or J /1-C,S Attest y C.Ja oles, City Clerk Approved By City Council On: ar STATE OF IDAHO, ) ss County of Ada )h On this,:�(Sd y of� Cir 20 before me, the undersigned, a Notary Public in and for said State, personally a peared Tammy de Weerd and C.Jay Coles, 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. (SEAL) •'St`s',--�"�-�i•, NOTARY PUBJ4C FOR IDAHO d ;� Al.. Residing at: (ni�P�J�— ,ol t��; - � Commission Expires: � `y-�- Water Main Easement REV. 08/15/16.doe Jokk Sawtooth Land 5urveymg, LLC MEO-07-I'l P: (208) 398-8104 F: (208) 398-8105 LanJSuvryicq LLC 2030 5. Washington Ave., Emmett, ID 83G 17 February 3, 2017 Golden Grove Subdivision City of Meridian Water Legal Description BASIS OF BEARINGS for this description is North 0037'07" East, between the aluminum cap marking the southwest corner of Section 28 and the aluminum cap marking the S1/16 comer common to Sections 28 and 29, both in T. 3 N., R. 1 E., B.M. A parcel of land located in the SW1/4 of the SWI/4 of Section 28, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found aluminum cap marking the southwest corner of Section 28; Thence North 89015'17" East, coincident with the southerly boundary of said SWI/4 of the SW1/4 of Section 28, a distance of 1330.29 feet; Thence North 0133'00" East, coincident with the easterly boundary of said SWI/4 of the SWI/4 of Section 28, a distance of 822.09 feet to the POINT OF BEGINNING; Thence North 89127'00" West, 121.65 feet; Thence North 8013'41" West, 16.01 feet to the beginning of a tangent curve; Thence 4.21 feet along the are of said curve to the right, with a central angle of 3007'58", a radius of 77.00 feet, subtended by a chord bearing North 6039'42" West, 4.21 feet; Thence South 89027'00" East, 124.63 feet to said easterly boundary of the SW1/4 of the SWI/4 of Section 28; Thence South 0133'00" West, 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.06 acres more or less. Carl Porter, PLS End Description p�A- LA �GENS�. a 14��1 AZ � OF gyp. RC POR'% MV �n u4 n m r� C) i Wrn R:m Zyrn rnM y �v S. EAGLE ROAD N 0°37'07" E BASIS OF BEARINGS N 1° W C1 B=E S 0033'00"W 20.00' un m m µ N 1° W C1 B=E S 0033'00"W 20.00'