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Citadel Storage Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-035289 BOISE IDAHO Pgs=7 HEATHER LUTHER 04/21/2017 04:20 PM CITY OF MERIDIAN, IDAHO NO FEE WAT ' R MAIN EASEMENT THIS INDENTURE, made this day of ��ti 20�7 between 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 easementhereby 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 anythingplaced 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. Eli] Address -:::5-/ .�� �� STATE OF IDAIIO ) (• SS. County of Ada ) On this Zy day of Ka -v' (-,V/, , 20 1-1 'before me, the undersigned, a Notarya Public in and for said State, personally appeared cXS u,. i_ and known or identified to me to be the =� t and 0frr iL-gcaretm�, respectively, of the corporation that executed the within instrument, and J aclGiowledged 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 year first above written. STEP�. MEYER NOTARY PUBLIC STATE OF IDAHO .')A �— NO ARY PUBLIC FOR IDAHO Residing at: A&6L- Cou lti�l/1r- Commission Expires: M�AwrlA- $_ Z () Z3 Water Main Easement REV. 08/ 15/ 1 G.doe GRANTEE: CITY OF MERIDIAN Tammy de Attes Mayor City Clerk T r.. �. r 1� = I w m Approved By City Council On: -Ltll- ' STATE OF IDAHO, ) : ss County of Ada ) On this day of , 20 j, before me, the undersigned, a Notary Public in and for said State, personally appeared 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) NOTARY PUBLIC FOR IDAHO Residing at: Q &U' Commission Expires: g - b D Water Main Easement REV. 08/15/16,doe Sawtooth Land 5urveying, LLC P: (208) 398-8104 f: (208) 398-8105 GordSuvcyIGLG 2030 5. Waohington Ave., Emmett, ID 83617 March 8, 2017 Citadel 4 City Water Easement BASIS OF BEARINGS for this description is South 0053'14" West, between the brass cap marking the E1/4 corner of Section 34, and the brass cap marking the southeast corner of Section 34, both in T. 4 N., R. 1 W., B.M., Ada County, Idaho. A parcel of land located in the NE1/4 of the SE1/4 of Section 34, T. 4 N., R. 1 W., B.M., Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the E1/4 of Section 34; Thence North 89014'46" West, coincident with the northerly line of said NE1/4 of the SEI/4 of Section 34, a distance of 45.00 feet; Thence South 0153'14" West, parallel with the easterly line of said NEI/4 of the SE1/4 of Section 34, a distance of 33.57 feet; Thence North 89014'46" West, parallel with said northerly line of the NEI/4 of the SE1/4 of Section 34, a distance of 8.11 feet to the POINT OF BEGINNING; Thence South 0045'14" West, 35.00 feet; Thence North 89014'46" West, parallel with said northerly line of the NEI/4 of the SEI/4 of Section 34, a distance of 20.00 feet; Thence North 0045'14" East, 15.00 feet; Thence North 89014'46" West, parallel with said northerly line of the NEI/4 of the SE1/4 of Section 34, a distance of 8.76 feet; Thence South 001354" West, 10.03 feet; Thence North 89046'06" West, 20.00 feet; Thence North 0013'54" East, 10.21 feet; Thence North 89014'46" West, parallel with said northerly line of the NEI/4 of the SE1/4 of Section 34, a distance of 196.72 feet; Thence South 0°45'14" West, 11.44 feet; Thence North 89013'46" West, 326.72 feet; P:\2016\16198 -CMG TEN MILE TOPO\Survey\Drawings\Descriptions\16198-CITADEL 4 CITY WATER EASEMENT - REV 1.docx Page 11 Thence South 004517" West, 17.55 feet; Thence North 89114'43" West, 20.00 feet; Thence North 0045'17" East, 17.55 feet; Thence North 89013'46" West, 24.05 feet; Thence South 0145'09" West, 178.67 feet; Thence South 8912434" East, 28.88 feet; Thence South 0035'26" West, 20.00 feet; Thence North 89124`34" West, 48.93 feet; Thence North 0145'09" East, 198.74 feet; Thence North 89013'46" West, 351.28 feet; Thence South 0045'17" West, 17.49 feet; Thence North 89°14'43" West, 20.00 feet; Thence North 0045'17" East, 17.50 feet; Thence North 89013'46" West, 94.93 feet; Thence South 0°47'21" West, 178.54 feet; Thence South 89014'50" East, 30.15 feet; Thence South 0045'10" West, 20.00 feet; Thence North 89014'50° West, 30.17 feet; Thence South 0°47'21" West, 19.26 feet; Thence North 89014'41" West, 60.55 feet; Thence South 0°44'16" West, 45.44 feet; Thence North 89014'46" West, 20.00 feet; Thence North 004416" East, 65.44 feet; Thence South 89°14'41" East, 60.57 feet; Thence North 0047'21" East, 197.81 feet; P:\2016\16198 -CMG TEN MILE TOPO\Survey\Drawings\Descriptions\16198-CITADEL 4 CITY WATER EASEMENT - REV 1.docx Page 12 Thence North 89113'46" West, 21.52 feet; Thence North 41023'20" West, 87.32 feet to said northerly line of the NEI/4 of the SE1/4 of Section 34; Thence South 89014'46" East, coincident with said northerly line of the NEI/4 of the SE1/4 of Section 34, a distance of 26.97 feet; Thence South 41023'20" East, 60.35 feet; Thence South 89113'46" East, 867.63 feet; Thence North 0045'14' East, 11.43 feet; Thence South 89014'46" East, parallel with said northerly line of the NE1/4 of the SEI/4 of Section 34, a distance of 267.48 feet to the POINT OF BEGINNING. The above described parcel contains 0.86 acres more or less. P:12016116198 -CMG TEN MILE TOPO1Survey\Drawings\Descriptionst16198-CITADEL 4 CITY WATER EASEMENT - REV 1.docx Page 13 od ,89'Coge M6j.Vq.0S M N M