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Model Home Furnishings No. 1 EasementADA COUNTY RECORDER Christopher D. Rich 2017-066049 BOISE IDAHO Pgs=5 VICTORIA BAILEY 07/19/2017 04:16 PM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT V6. 1„ TI -IIS INDENTURE, wade thisogY#day of� , 201-f between r, 10, LV6 , 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. 08/15/16.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: '5-7P4n ii-f�plci17 '8&1!'aaay Ap-� Address STATE OF IDAHO ) . ss. County of Ada ) On this _ day of J 1 b 20 .�' ' , before me, the undersigned, a Notary Publicin and foi said State, personally appeared � S' 'off � 7�hr and h known or identified to me to e the and MSe �t res ectively, of the corporation that executed the within instrtiii�riii, and �a�c�u�towledged 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 F1100S a OAP, (S E A 0 0,• PV$6V• c Water Main Lasemeiiieos ATE �,,•`'�� ��N/tt11N�f (wj NOTARY P LIQ FOR IDAI-10 Residing at: -APS'6 NW Commission Expires: 61111I(All REV. 08/1 S/16.doe GRANTEE: CITY OF MERIDIAN A Oly Of W E IDIAN*,-- Tammy de W rd, ayor ion►+o s� SEAL �v �2T�ROftheTR�PSJ Attt by C.a Co es, City Clerk / Approved By City Council On: l --7 STATE OF IDAHO, ) ss County of Ada ) On this day of 20 �, 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. (SEA m NOTARY P IC FOR IDAHO Residingat: Inky Commission Expires: Water Main Easement REV. 08/15/16.doe 19 14, RI 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 1 FAX 208.639.6930 March 22, 2017 Project No. 16-105 Model Home Furnishings ExhibitA Easement Legal Description An Easement over a portion of Lot 1, Block 1 of SmitchgerSubdivision North (pages 12,639 through 12,641, Plat Book 99 at records of Ada County, Idaho) situated in the Southwest 1/4 of the Southwest 1/4 of Section 33, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found 1/2 inch rebar marking the southwest corner of said Lot 1, thence following the southerly line of said Lot 1, S89°30'47"E a distance of 28.00 feet to a point on the easterly line of a public domestic water and sewer per said Smitchger Subdivision North and also being the POINT OF BEGINNING. Thence following said easterly line, NO°29'13"E a distance of 20.00 feet to a point; Thence leaving said easterly line, S89°30'47"E a distance of 311.65 feet to a point; Thence S00°29'13"W a distance of 20.00 feet to a point on the southerly line of said lot 1; Thence following said southerly line N89°30'47"W a distance of 311.65 feet to the POINT OF BEGINNING. Said easement contains 6,233 square feet, more or less, and is subject to all existing easements and/or rights-of-way of record or implied. A1. LAND �cE N SFo sGP�F o .c CL _62 ENGINEERS I SURVEYORS I PLANNERS PA36.10500WHIHITS\16.105 FIRE HYORANTEASEMENT LOT 10WG,JAMES HANLEY,3/22/201x7,KYOCERA T-A�SKALFA45SOCI10GPC3,- _— --- -_.. ob y I Z30 -0 Qo v� o Zv V) c �o mm rTl c z ;J m III z 0 o c) Li nQg:�_ 00 j�oT a o c: c o p0 cc°a ;u X 0 0 )m'' o (A vi=��zr*I zc)ma Q v n z F� � y r 0 00 t0 O � v z m C4 � C vi [I7 p O z z O Z s A „ EXHIBIT B z� N WATERMAIN EASEMENT WOO m � O a W MODEL HOME FURNISHINGS ° 3570 N. EAGLE ROAD, MERIDIAN, IDAHO �o 00 )m'' m N Q 0 o z z � y a o 5j G) c4 to z o, A n m � .� .. nNq cD to C z m p U O z z O PRop,s I � f37 x s J 09 N I o� a o r 0 00 t0 O � v z m C4 � C vi [I7 p O z z O Z s A „ EXHIBIT B z� N WATERMAIN EASEMENT WOO m � O a W MODEL HOME FURNISHINGS ° 3570 N. EAGLE ROAD, MERIDIAN, IDAHO