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Century Link Utility EasementReturn to CenturyLink Attn: Vanessa Morgan 3407 SW Smith Road Mountain Home, ID 83647 ADA COUNTY RECORDER Christopher D. Rich 2017-036738 BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 04/27/2017 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING INFORMATION ABOVE EASEMENT AGREEMENT The undersigned City of Meridian ("Grantor") for and in consideration of $1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto QWEST CORPORATION D/B/A CENTURY LINK QC, a Colorado corporation ("Grantee"), whose address is 1801 California St., Suite 5200, Denver, CO 80202, Attn: Network Vice President, and its successors, assigns, affiliates, lessees, licensees, and agents, an easernent to construct, reconstruct, modify, change, add to, operate, maintain, and remove such telecommunications facilities, electrical facilities, and other appurtenances, from time to time, as Grantee may require upon, over, under and across the following described property situated in the County of Ada, State of Idaho, which Grantor owns ("Easement Area"): An easement which is described in its entirety on EXHIBIT "A" and "B" which is attached hereto and by this reference made a part hereof. Grantor further conveys to Grantee the right of ingress and egress over and across Grantor's lands to and from the Easement Area and the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities or those not caused by Grantee. Grantor reserves the right to occupy, use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area and that Grantor will warrant and defend title to the Easement Area against all claims. Grantor hereby covenants that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on the Easement Area except fences and no change will be made by grading or otherwise to the surface or subsurface of the Easement Area or to the ground immediately adjacent to the Easement Area. Grantee shall be solely responsible for the installation, operation, maintenance and repair of all facilities. The rights, conditions and provisions of this Easement Agreement will run with the land and will inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. Page 1 of 4 Project # P781529 Initials RECORDING INFORMATION ABOVE GRANTOR(S): Cit v of Meridian �1i�VDnucusr� off, °.. Tammy e eerd, yor pp V/ by (;'!Jay Cole City Clerk Approved by City Council on: L1 / J / � i / STATE OF IDAHO ss: COUNTY OF ADA. ) The fore oing instrument Uw�s acknowledged before me this Zday of 2017, by �'1GtY�� 11J)al1 •�,,,.,,••• Witness my hand and official seal: Notary Public My commission expires: 8 -ay Page 2 of 4 Project # P781529 Exchange: Boise County: Ada SEI/4 of the SEI/4 of the SWI/4 of Section: 12 Township: 3N Range: IW PERMANENT EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN POWERUNE EASEMENT An easement for powerline purposes located in the SW ?f of the 5E }i of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said 5W 9 of the SE X, from which an aluminum cap monument marking the southeasterly corner of the 5E iG of said Section 12 bears S 89°33'27" E a distance of 2657.47 feet; Thence S 89"33'27" E along the southerly boundary of said SW X of the SE h a distance of 193.37 feet to a point; Thence leaving said southerly boundary N 0'33'47" E a distance of 400.78 feet to the POINT OF BEGINNING; Thence continuing N 0"33'47" E a distance of 50.00 feet to a point; Thence S 89°3V56" E a distance of 113,99 feet to point; Thence S 0°30'05" W a distance of 10.00 feet to point; Thence N $9`31'56" W a distance of 104.00 feet to a point; Thence 5 0°33'47" W a distance of 40.00 to a point; Thence N 89"31'56" W a distance of 10.00 feet to the POINT OF BEGINNING, This parcel contains 1,540 square feet (0,035 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil survey Consultants, Incorporated November 21, 2016 Page 3 of 4 Project # P781529 Exchange: Boise County: Ada SEI/4 of the SEI/4 of the SWI/4 of Section: 12 Township: 3N Range: 1W SKETCH rO ACCOMPANY POWERLINE EASEMENT DESCRIPWN FOR THE C/TY OF MERIDIAN LOCATED /N THE .SW 1/4 OF THE $E 1/4 OF SE077ON 12, rOWNSH/P J NORTH, RANGE t WEST, 801V MERIDIAN, ADA COUNTY, IDAHO ROWrID W sURWY ,1Y). 7914 pmtit d _. S 89'31'56"' E 10.99' I �I 4 BES ,CALF., 1 %UO' WEU N0. 9 LU Ku Lor a t k I93,,17' 2afia, lc�' nWKUV RQ4D 12 7 E 47 1/4 S 89:1327 ?657 1.'i 18 CIVIL SURVEY CONSULTANTS. INC, s(i� 2883 80LFrH hlrMUAN ROAD LJg%$T WRIDLAN, IDAHO 83942 r O (208)888•+1312 0 ¢ QATA � t50 11 its � LINE i DISTANCE►'K, L —zr r Page 4 of 4 Project # P781529 Exchange: Boise County: Ada SE1/4 of the SEI/4 of the SW1/4 of Section: 12 Township: 3N Range: 1W