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Golden Grove Heartland Townhomes Property Management Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-020201 BOISE IDAHO Pgs=5 VICTORIA BAILEY 03/09/2017 11:21 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT HEARTLAND TOWNHOMES THIS INDENTURE, made this` day of , 20a between PROPERTY MANAGEMENT LLQ 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 thein maintenance, repair, replacement and subsequent connection atthe convenience ofthe 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, 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 WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: HEARTLAND TOWNHOMES PROPERTY 1408i&00 MANAGER JOHN A Address STATE OF IDAHO ) . ss. County of Ada ) On this 2-1— day of F , 20 t T, before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN A LAUDE SR nd known or identified to me to be the P and OMPANY QPM, respectively, of the mon that executed the within instrument, and acknowledged to me that such cY executed the same. IN WITNESS WHEREOF, I have hereun o set my hand an fixed y official seal the day and year first above written. e'V TRAQ�9 IWEPEAKBB NO ARY UBL C FOR IDAHO NO ARY UBLIC Residing at: 01 �. 6 h� BTAT� OF IDAHO Commission Expires: Water Main Easement REV. 08/15/16.doc GRANTEE: , ITY OF RIDIAN �Qp,RNTEDq�cG i C11yof w IDrANi SEAQ Attest y C.JV Coles, City Clerk mR0 e rREA$V���P Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this day of�(Tajo !, 20 A-Lbef ore me, the undersigned, a Notary �� Public in and for said State, personally appeared.-ammy-deer away Coles, known 0 to me to bet e . oz -and City Clerk, respectively, of the City of Meridian, Idaho, and who l c executed the within instrument, and acknowledged tome 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, 6000 Ap (SEAL►♦♦♦� Err. ;'� •0 • • r ��rrrrrr•r♦♦ I bm-h'yu bj 0�' — NOTARY PUBL C OR IDA-00 Residing at: Commission Expires: /40 a Water Main Easement REV. 08/15/16,doe EXHIBIT Sawtooth Land Surveying, LLC 'O0 F: (208) 398-8104 F: (208) 398-8105 2030 5. Wa5hmgton Ave., Emmett, ID 83617 February 2, 2017 Golden Grove Subdivision City of Meridian Water Legal Description BASIS OF BEARINGS for this description is North 0137'07" 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 SW1/4 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 0037'07" East, coincident with the westerly boundary of said SW1/4 of the SW1/4 of Section 28, a distance of 235.00 feet; Thence South 89°15'17" East, 59.21 feet to a 5/8" rebar PLS 5082 on the easterly right of way of S. Eagle Road; Thence North 4153'08" West, coincident with said easterly right of way of S. Eagle Road, 12.76 feet to a 5/8" rebar PLS 5082; Thence North 0037'07" East, coincident with said easterly right of way of S. Eagle Road, 47.22 feet to a 5/8" rebar PLS 5082; Thence North 3047'14" West, coincident with said easterly right of way of S. Eagle Road, 19.07 feet to the POINT OF BEGINNING; Thence continuing North 3147'14" West, coincident with said easterly right of way of S. Eagle Road, 20.07 feet; Thence South 89107'04" East, 139.40 feet; Thence South 0052'56" West, 20.00 feet; Thence North 89107'04" West, 137.77 feet to the POINT OF BEGINNING. The above described parcel contains 0.06 acres more or less. nolt pl. Lq/bp _ . End Description P:\2016\16213 -BAILEY ENGINEERING-GOLDENGROVE\Survey\Drawings\Descriptions\CITY EASEMENT.docx Page 11 V EXHIBIT B ro w o" 'o'CON •-� Z o � a vii •- uTiwoa � LU v� M N 00'02 F? O M „9S,ZB„0 S c O W o a o UN toZ o to Mwb�Lb£N M„s egtiN o � .9 „LQL£„O N � M„LOOZ£N 4 ZZ'L6 w �^ WZ y� C�9tYWrz 0� ZW0)Uz SONW.99 c!O SIsV8 N M W:2i W m ,00'3EZ H„LO,L£o0Nw 0 � �- 4b'Oa 370bC3 'S a m .. O O U O 0 U a a SJQv. YAR z �uI '.0 , ��'