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Volterra North Water EasementADA COUNTY RECORDER Christopher D. Rich 2017-113230 BOISE IDAHO Pgs=5 CHE FOWLER 11/28/2017 11:07 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT d9- T14IS INDENTURE, made this _ clay of /0. , 201 between _ Bridgetower Investments, L!,p the parties of the first pari, 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, fyl yyz , Water Main Easement IREV. 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: v Manager 398 E. Copper Ridge St. Meridian, ID 8364 STATE OF IDAHO ) : ss. County of Ada ) On this4+h day of e r , 2011 before me, the undersigned, a notary public in and for said state personally appeared M ikQ, M.RO&M known or identified to me to be the tAftffiWX of the Limited Liability Company that executed the instrument or the person who executed 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 written. NOTARY PUBLIC F R DAHO Residing at: Kum Commission Expires: 3 1 Water Main Easement REV. 08/15/16.doc GRANTEE: CITY OF MERIDIAN Tammy e d, Mayor Attc&by 04 Coles, City Cleric Approved By City Council On:// STATE OF IDAHO, ) : ss County of Ada ) On this � day of 20 11 , 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 Cleric, 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. NOTARY PUBLIC FOR IDAHO Residingat: Commission Expires: Water Main Easement REV. 08/15/16.doc PARCEL DESCRIPTION Date: October 31, 2017 CITY OF MERIDIAN WATER EASEMENT A parcel of land being a portion of the NE 1/4 NE 1/4 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 northeast corner of said Section 34, monumented by a 5/8" rebar (Comer Record No. 108122909), from which the N1/16 corner common to Sections 34 and 35, monumented by a 5/8" rebar, bears South 00°52'46" West, a distance of 1315.57 feet; Thence South 00°52'46" West, coincident with the east line of said NE1/4 NEI/4, a distance of 219.00 feet; Thence North 89'07'14" West, perpendicular to said east line, a distance of 46.00 feet to the westerly right of way line of N. Ten Mile Road and the POINT OF BEGINNING; Thence South 00°52'46" West, coincident with said westerly of right of way line, a distance of 20.00 feet; Thence North 89'07'14" West, perpendicular to said east line, a distance of 33.00 feet; Thence North 00°52'46" East, parallel and offset 33.00 feet westerly of said westerly right of way line, a distance of 20.00 feet; Thence South 89°07'14" East, perpendicular to said east line, a distance of 33.00 feet to the POINT OF BEGINNING. The above described parcel contains 660 square feet or 0.015 acres, more or less. Together with and subject to covenants, easements, and restrictions of record. The basis of bearings for this parcel is South 00°52'46" West between the northeast corner of Section 34 and the N111 comer common to Sections 34 and 35. End of Description . LANO 10)31/l7 License No. 10561 SKETCH FOR LEGAL EXHIBIT CITY OF MERIDIAN WATER EASEMENT A PARCEL OF LAND BEING A PORTION OF THE NE114 NE1/4 OF SECTION 34, T. 4 N., R. 1 W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 201'7 POINT OF COMMENCEMENT NE CORNER SECTION 34 PROPOSED VOLTERRA NORTH N COMMERCIAL SUBDIVISION BLOCK 1 POINT OF BEGINNING S89'07'14"E 33.00'N89'07'14"W 46.00' 0 0 0 0 0 o d N NLd N 660 S.F co ±0.015 AC. N cV n N w 0 o J z � � N89'07'14"W 33.00' z w z i NI/16 CORNER SECTIONS 34 & 35 L /vD �vC? CSTt RFp(ifjL iYhh ut�1.` O - 05 1 N H P d�clflc", 1°f31/1�0 -- BooeV D Airport t ay, Ste 104 �IV M F 208-342-5400 Fax 208-342-5353 NOT TO SCALE vnv<v.whpacitic.com I.S.P.C.S., GRID NORTH