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Water Main Easement with Pioneer Meridian Group, LLC for Silverstone Subdivision ADA CDUNTY RECDRDER J. DAVID NAVARRO BOISE IDAHO 11/18/04 09:38 AM DEPUTY Vicki Allen RECORDED-REQUEST OF Meridian City AMOUNT .00 1111111111111111111111111111111111111 104146441 WATER MAIN EASEMENT THIS INDENTURE, made this ....!L- day of September_, 2004_between Pioneer Meridian Group LLC , 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 piþeline 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 ofthe 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 for the construction, operation, maintenance, repair, replacement of a water main 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, additional connection thereto, repair and replacement 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. 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. 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 ofthe rightcof- 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 Water Main Easement Page 1 Easmt_Wtr Pioneer- p~~- 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: Pi:::.r. Title~ County / ~ President & CEO Member Manager STATE OF IDAHO) ) ss County of Ada ) On this ~ day of S ~'ËJ1f!:f£.2rlit before me, the undersigned, a Notary Public in and for said State, personally appeared TIM g I ,II... 1D~ j) and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged 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 fist above written. NOTARY PUBLIC FOR IDAHO Residing at r:I 00 ~ Commission Expires: . ,,",ÒU ::> I J ~r'"Y"""'f Pioneer- Pagp. rl nf ::5 Approved By City Council On: C\~~ \ C\ dc~ I STATE OF IDAHO, : 88. County of Ada, ) On this ~day of (\~ .2004, before me, the undersigned, a Notary Public in and for the State ofIdaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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 Yearfirst~~.q¥ . en. SEAL i;':~':~~;}:ß~;<""':,;¡;:¡" >~l " Þi ~ L. , ,. . ... ;¡ 'I. '" .<ó I '~.,.~:."}j;,;þ.>'.t ~.. C';.. '-0 ~~;§~ . ~"i~;;;¡;it:.:.'t~:¡l/ Water Main Easement ,,~~ ~l . t~ Notary Publhr Idaho . ~ Residing at: ~ My Commission Expires: IX - ~~ Page 3 Easmt_Wtr Pioneer- p~ [rn TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 Project No.: 2771 Date: September 3, 2004 DESCRIPTION FOR CITY OF MERIDIAN WATERLINE EASEMENT EXHIBIT "A" A parcel of land being a portion of the North 20' of Parcel "J" as shown on Record of Survey No. 6550, on file under Instrument No.1 04084952 in the Office of the Ada County Recorder and situated in the NW 1/4 NW 1/4 of Section 21, T.3N., R.1 E., B.M., Ada County, Idaho and more particularly described as follows: BEGINNING At an iron pin marking thè Northeast Corner of said Parcel "J"; Thence along the East Line of said Parcel" J", South 00°14'50" West, 20.00 feet to a point; Thence leaving said East Line and along a Line being 20' Southerly of and parallel with the North Line of said Parcel "J", North 89°45'10" West, 184.01 feet to a point; Thence leaving said parallel Line and along a Line being Westerly of and parallel with the East Line of said Parcel" J", North 00°14'50" East, 13.49 feet to a point on the South Line of the City of Meridian Water Main Easement on file under Instrument No. 102125185 in the Office of the Ada County Recorder; Thence leaving said parallel Line and along the South Line of said Water Main Easement, South 89°37'41" East, 31.59 feet to a point on the East Line of said Water Main Easement; Thence leaving said South Line and along the East Line of said Water Main Easement, North 00°14'50" East, 6.58 feet to a point on the North Line of said Parcel "J"; Thence leaving said East Line and along the North Line of said Parcel "J", South 89°45'10" East, 152.42 feet to the POINT OF BEGINNING: Said Parcel Contains 0.08 Acres ( 3,473 sq ft), more or less. Water-ease.doc - Ihk PagA ;..\ nf ~ EXHIBIT "B" 20' WATERLINE EASEMENT EXHIBIT FOR THE CITY OF MERIDIAN. A PORTION OP PARCEL "J" OF ROS No. &5.50 LYING IN THE NW 1/4 NW 1/4, SECnON,:2I, T.3N., R.IE., B.M., MERIDAIN, ADA COUNTY; 'IDAHO EAST OVERLAND ROAD S 89"i3'5'0" E - - - - - - J : f'f;';;;~:E;;;;,;;;" NE CORNER S 89045'10" E 239.42' PARCEL "J" ~ Z - §? &ë.:~~~~)3'~ ~o ..JWLfB9~lli' ..f,t:!J Æ~IillD~~ll.Œl~U~MEW~ LI N 89"45'/0" W 184.01' 3: 20' CITY OF MERIDIAN. - WATER MAIN ES/oI'T INST. ã # 102125185 I!!'ã .;1"-: °1;- 0' -:00' ~O (f) 17 16 20 21 -I N. N q 0 If' '" JL 1[' 48' =-- ~ ~ 0' LI\ SCALE' I" ; 50' L3 '-0 I I ~~I O¡¡; CI!:'" N W -! 1213: <. wo If'- :¡:- '" I-~"! :;)~Io ~Ol~ "'I PARCEL "J" ROS 6'5'50 wi 01 LI\ :!!: 0 0 0 z -0 C'1 ¡!] LI\ LINE TABLE LINE LENGTH 8EARING LI 7.00 S 89"45'10" E l2 14,56 N 00"14'50" E l3 60,19 S 89'45'10" E l4 13.49 N 00'14'50" E l5 31.59 S 89'37'41" E l6 6.58 N 00"14'50' E 3: 0 LI\ :!!: " 0 0 (f) I I t LEGEND 80UNDARY LINE SECTION LINE PROPOSED EASEMENT LINE RECORD PARCEL LINE FOUND BRASS CAP FOUND PIPE FOUND 5/8" IRON PIN FOUND 1/2" IRON PIN PLATTED LOT No. (SILVERSTONE SUBDIVISION No.3) ---- ----- --------- s @ rœ @ 0 .-. Water-ease.dwg 09-08-04 08: 14: 15 Ikaemer P~L5-