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Culvers Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-084159 BOISE IDAHO Pgs=6 CHE FOWLER 09/07/2017 11:07 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN CASEMENT THIS INDENTURE, made this 28r11day of AUG., 2017 between 61PAK12 BIZ., LLC- the LCthe parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idalio, 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 aftermaking 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, 03/15/16.doe At Mev, 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 casement, 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 tight -of -way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, suchright-of-way and easement hereby granted which lies within such boundary thereof or which is a par( thereof, shall cease and become null and void and of no fiu-ther 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: C Np JR., Liz A55 C -0 --,RN b U Utz Address STATE OF IDAHO ) . ss. County of Ada ) On this Itisday of ! 5,1' , 20 L—j—, before me, the undersigned, a Notary Public in and J101. said State, ersonally appeared � fPCra bkyr-\ and CCeer) , knotivn or identified t�me to be the t Pnd ry, respectively, of the corporation that executed the within iinstr r`u , and 'RiTowledged 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. JAN lr f j BEAN o a�yPublic State of Idaho Residing at: (--) Gr`�1 Commission Expires: Water Main Easement REV. 08/1 S/16,doc CIRANTEE: CITY OF MERIDIAN 2 City of ofiui '1 auiaiy.de ool ayor -ym SEAL ��yIFR orthe 1RE�'gJ Alter yC.Ja oles, City Clerk Approved By City Comicil Ott; `/ j k1 STATE OF IDAHO, ) .ss County of Ada ) On this Sday of N�jXI�+I 2q -, before me, the undersigned) a Notary Ptib.l10 it) andfoi, said State, personally appeared Tai -rimy de Weerd and C.Jay Coles, known to wo.to Uu the Mayor and City Clerk; respectively, of the City of Meridian; Idaho, aiid who executed the tiyltllln 1listrittnent>.and <Zcktiowleciged to t»e that the City oFlvleridiaa eXeCllted the same. IN WITNESS WI•IEREOF, I havo.herewito set tidy hand and affixed my ofCei�il seal the dzy mid year first above Nvritten, ♦F � + )NR'••, NOTARY PUBLIC FOR TD O :♦ %' TA `"- �'., .Residing at: � ��'��' ConiniissionF,xpires,-�.$ •••••♦au••*.♦ Wnler Mtjitr-Gtiseulant, Rt y' Qslo/16;dde Ifi 1 1 A IS LAND SURVEYING PLLC 3 1417-Culvers Date: 8/23/2017 Job No.: 1417 EXHIBIT "A" CITY OF MERIDIAN WATER MAIN EASEMENT DESCRIPTION The following Describes a Ten foot (10') Wide Strip of Land for the purpose of a Waterline Easement being a Portion of Parcel's "F" & "G" of Record of Survey No. 10582 as Filed in the Office of the Ada County Recorder lying in a portion of Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, and being Five foot (5') Left and Right of the following Described Centerline; COMMENCING at a found Brass Cap Marking the Northwest Corner of said Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho; From which, the North 1/4 Corner of said Section 4 bears, North 8903523" East, 2,659,36 feet which is being Monumented with a found Aluminum Cap; Thence along the Northerly Boundary Line of said Government Lot 4, North 89°35'23" East, 996.57 feet to a point; Thence leaving said Northerly Boundary Line, South 00°35'47" East, 38.00 feet to a point on the Northerly Boundary Line of Parcel "G" of said Record of Survey No. 10582, the POINT OF BEGINNING: Thence, South 00°35'47" East, 63.50 feet to a point hereinafter referred to as POINT "A"; Thence continuing, South 00°35'47" East, 70.33 feet to a point hereinafter referred to as POINT 01311; Thence continuing, South 00°3547" East, 190,46 feet to a point on the Southerly Boundary Line of said Parcel "G", the Terminus of this Description: From said Terminus, the Southeast Corner of said Parcel "G" bears, North 89059'51" East, 33.27 feet. Sidelines to be lengthened or shortened to match the Beginning and Terminus of this Description. The above described Easement contains 0.07 Acres (3,242 Sq. Ft..), more or less. TOGETHER WITH: The following Describes a Ten foot (10') Wide Strip of Land for the purpose of a Waterline Easement being a Portion of Parcel "G" of Record of Survey No. 10582 as Filed in the Office of the Ada County Recorder lying in a portion of Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, and being Five foot (5') Left and Right of the following Described Centerline; BEGINNING at the Aforementioned Point "A"; Thence, South 89°35'23" West, 23.63 feet to the point of Terminus of this Description: Sidelines to be lengthened or shortened to match the Beginning and Terminus of this Description. The above described Easement contains 0.01 Acres (236 Sq. Ft..), more or less Page 1 of 2 623 11th Ave. South, Nampa, ID 83651 - T. (208) 442-0115 ^ C. (208) 608-2510 « lkoemer.cis rr g1nail,com TOGETHER WITH: The following Describes a Ten foot (10') Wide Strip of Land for the purpose of a Waterline Easement being a Portion of Parcel "G" of Record of Survey No. 10582 as Filed in the Office of the Ada County Recorder lying in a portion of Government Lot 4 of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, and being Five foot (5) Left and Right of the following Described Centerline; BEGINNING at the Aforementioned Point "B"; Thence, South 89°35'23" West, 18.02 feet to the point of Terminus of this Description: Sidelines to be lengthened or shortened to match the Beginning and Terminus of this Description. The above described Easement contains 180 Sq. Ft.., more or less Page 2 of 2 623 11th Ave. South, Nampa, ID 83651 � T. (208) 442-0115 fl C. (208) 608-2510 ^ lkoemer.cis@gmail.com 32 3� 3 T. 4N� EXHIBIT "B" CITY OF MERIDIAN WATER MAIN EA5EMENT A PORTION OF PARCEL'S "F" & "G" OF RECORD OF SURVEY No, 10582 LYING IN A PORTION OF GOVERNMENT LOT 4 OF SECTION 4, T.3N., R.1E., B.M., ADA COUNTY, IDAHO E. BASIS OF BEARING: N 89°35'23' E 2659,36' 996.57' w rIo C" q M POINT OF N 89035'23" E 202.66' �I BEGINNING 5.7 ib Cn S 89'35'23'W 23.63' ITZI� T'A" P POINT OF ' � OI�N TERMINUS b I I i POINT OF 6TERMINUS POINT"B' `rn PARCEL "G" S 89°35'23' Record of Survey 18.02 ( I� No. 10582 I Iw w r Ico o 0 Ili IIQ I �I �I III Record PARCEL f Survey No. 10582 l 169.39'_ _ S 89'59'51"W 202,66'POINTOF COMPASS LAND SURVEYING, PLLC 62311th Ave. South Nampa, ID 83651 Office: (208) 442-0115 Fax: (208) 327-2106 141.7-COLVERS 08/23/17 SHEET 1 OF 1 2 1ssz.7s' 6