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Volterra Heights Subdivision No 3 Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-099214 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/18/2017 03:37 PM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this L/14 day of (),4& 20i'l between the parties of the first part, and hereinafter called the G]�ANTORS, and the City of Merl ian, 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: 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. M 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: Manager 398 E. Copper Ridge St. Meridian, ID 8364 STATE OF IDAHO ) . ss. County of Ada ) On thisjLA day of , 20L7, before me, the undersigned, a notary public in and for said state personally appeared" iN known or identified to me to be the of the Limited Liability Company that executed the instrument or the person w o execut d the instrument on behalf of said Limited Liability Company and acknowledged to me that such Limited Liability Company executed the same. In witness whereof, I have hereunto set my hand and seal the day and year in this certificate first above "'.61.111..,,4 written. 0��B R 0 W °°'** TAR), °® 2 a 4 NOTARY PUBLIC F9R IDAHO •o G o GJ • 1 m hl o p U B 1, v o; Residing at: °° •' Commission Expires : --L& 100 Water Main Easement ���81JOB000001",* REV. 08/15/16.doc GRANTEE: ITY OF MERIDIAN ol'f r 0"d, CwAlaC Pcade+ Aiest by PJay Coles, City Clerk Approved By City Council On: /o/ / �1'�21-7 .PIED AVGL S�. 0 „ c•ny 0r w E IDIAN$,- IDAHO SEAL 5/ STATE OF IDAHO, ) : ss County of Ada ) On this +h day of U r+dbP—K , 20 L-�—, before me, the undersigned, a Notary Public in and for said State, personally appeared rd and C.Jay Coles, known {�erlh Gird (,tx�nGl NeS(&n- 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. PuBo , o. •.,ATE of �. •••.ante•• NOTARY PU�BLIC FOR IDAHO Residing at: Y ► BL ► m , CLQ n Z i�) Commission Expires: a dOa a. Water Main Easement REV. 08/15/16.doc PARCEL DESCRIPTION Date: October 10, 2017 CITY OF MERIDIAN WATER EASEMENT A parcel of land being a portion of the N1/2 NE1/4 of Section 34, Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho,more particularly described as follows: COMMENCING at the N1/16 corner common to Sections 34 and 35, monumented by a 5/8"rebar, from which the northeast corner of said Section 34, monumented by a 5/8" rebar (Corner Record No. 108122909), bears North 00°52'46"East, a distance of 1315.57 feet; Thence North 89°06'34" West, coincident with the south line of the N1/2 NE1/4 of said Section 34, a distance of 1296.66 feet to the southwesterly corner of Volterra Heights Subdivision, Book 101, Page 14296; Thence North 00°52'09"East, coincident with the westerly line of said Volterra Heights Subdivision, a distance of 437.36 feet to the POINT OF BEGINNING; Thence North 89°07'51" West, a distance of 125.00 feet; Thence North 00°52'09"East, a distance of 20.00 feet; Thence South 89°07'51"East, a distance of 125.00 feet to said westerly line; Thence South 00°52'09"West, coincident with said westerly line, a distance of 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 2,500 square feet or 0.057 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is North 00°52'46"East between the N1/16 corner common to Sections 34 and 35 and the northeast corner of Section 34. i 44 XOlt Kevin M. Borah P.L.S. License No. 10561 ar End of Description q � o� SKETCH FOR LEGAL EXHIBIT CITY OF MERIDIAN WATER EASEMENT A PARCEL OF LAND BEING A PORTION OF THE NJ 12 NEI/4 OF SECTION 34, T. 4 N., R. 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2017 NE CORNER SECTION 34 w S89'07'51 "E 125.00' o ±0.057 Ac. 0 0 0 ;n 2,500 s.f. N o ri O N O N J M Z N89'07'51 "W 125.00' VOLTERRA HEIGHTS w SUBDIVISION NO. 1Ljj z POINT OF BEGINNING z z r7 PROPOSED VOLTERRA HEIGHTS w SUBDIVISION NO. 3 0 N P O Z POINT OF COAMENCEMENT N1116 CORNER SECTIONS 34 & 35 N 89'06' 34" W 1296.66' SPU LAND S T EII 10561 om s ! )/10/1-7 1 lc NF1//NofWHpd�cM. e i 2141 W Airport Way, Ste 104 Boise, ID 83705 208-342-5400 Fax 208-342-5353 NOT TO SCALE www.whpacific.com I.S.P.C.S., GRID NORTH