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Water Main Easement with Farmers and Merchants State Bank for Farmers and Merchants Bank Location AD~COUNTY RECORDER J. DAVID NAVARRO AMOUNT 00 7 BOI E IDAHO 12/03104 03:08 PM . ~. ~~~~~E~~n~~Q~~~~I~g 1111111111111111111111111111111111111 ~eldian City 11341534213 WATER MAIN EASEMENT "'1- hrmtN f 117erch"",:cr THIS INDENTURE, made this 11 day of Sqpt.. 20 °1oetween dhif~ ß ~ . 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 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 !fee 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, ifs 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 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. Water Main Easement EASMT WTR.doc 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: ~ ~ð'-- ~ Secretary STATE OF IDAHO) ) ss County of Ada) On this~dayof Þ 2~21beforeme, the undersigned, a Notary Public in and for said State, personally appeared I oon and ne!l'Ill1 Chou/(S. 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. (SEAL) . \\\\":":;,'11.,/, ,..' ,',. HI. "':.¡"I/I $">"?- .,.....: ,~..:/'/ .::- "" . , "0-::' t,9(~OTAFI)-\: 2c~ 't .... ÞUBLIC": t -:;.-:;. 11'","'" ""'-<-° $': 1/11/;)"" OF ,()\,\", Illlill!II\"\ J Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, : ss. County of Ada On this~dayof Nove",,~er , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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. (SEAL) """""" """'Cß L. 8:~"'" .:> ~" ""'" "'.t~ ~ -~ ",'r' ..' '" ~ \ ¡ l~OTAJ?J"" ":. ~ * i -0- 1 * : s ~ G i : ~ \ PUB\.-\ .. : \. ú;.'", ,..,:~C l '" .¡ . ""'" \ ,,- "" 'i; lJ j' \ \) ;..., '".,.,..,..."", Water Main Easement EASMT WTR.doc FlSCi. & 4; ¡"' Anderson Survey Group.com v EXHIBIT "An Water Easement - Legal description A strip of land situated in Lot 9, Block 5, Bonito Subdivision, according to the official plat thereof, filed in Book 86 of Plats at Pages 9783 - 9788, records of Ada County, Idaho, located in Section 20, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, described as follows: Commencing at a point on the South right-of-way line of W. Overland Road, marking the lot corner common to Lots 8 & 9, Block 5, Bonito Subdivision; thence along the lot line common to said Lots 8 & 9, South 00°00'00" West a distance of 15.00 feet to the Point of Beginning; thence North 89°46'25" Eastá. distanceóf 20.00 feet; thence South .00°00'00" West a distance of 10.96Jëet;thëÌlC:e No.rth 90°00'00" East a distance of 11.60 feet; thence South 00°00'00" West a distance of 20.00 feet; thence South 90°00'00" West a distance 011 1.60 feet; thence South 00°00'00" West a distance of 158.77 feet; thence North 90°00'00" East a distance of 10.00 feet; thence South 00°00'00" West a distance of 20.00 feet; thence South 90°00'00" West a distance of 30.00 feet to a point on the lot line common to said Lots 8 & 9; thence along said lot line North 00°00'00" East a distance of 209,65 feet to the Point of Beginning. Project No. 04-115 September 10, 2004 lIB-,""': II! ,--, ":8'&1" BIB:'" --.. :...'. so.....-. 357 £. Wotertowe, lß.. . Suite F, Heridioß. 10 83641 ",.....".. ."", ..",,'H EXHIBIT B WATER EASEMENT SITE MAP LOCATED IN LOT 9, BLOCK 5, BONITO SUBDIV1S'ON IN SECTION 20, TOWNSHIP 3 NORTH. RANGE 1 EAST, BM, .æm'I' ADA COUNTY. IDAHO ""'J¡<",,'¡:L-"" -f.'Jc::: ----_~..QV~RQAL--___- ",',"""'".." "'...». ,,"S. , " t , , .~ t. I ~ ~ I ¡~ I .. t. I SD I NOT TO SCALE -1 ~13 o:~ ~¡¡ I I I I PREPARED BY ANDERSON SURVEY GROUP, INC. 357 E Watertawer Ln. - Meridian. 10 63642 1 J~/:, --- --~'!!!!!"'- -- --- - -- -- - - - - ---- -¡¡¡., ASCi.A ~ ~\. Anderson Survey Group.com '" EXHIBIT "A" Idaho Power Easement - Legal description A 20-foot wide strip of land situated in Lot 9, Block 5, Bonito Subdivision, according to the official plat thereof, filed in Book 86 of Plats at Pages 9783 - 9788, records of Ada County, Idaho, located in Section 20, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, described as follows: Commencing at a point on the South right-of-way line of W. Overland Road, marking the lot corner common to Lots 8 & 9, Block 5, Bonito Subdivision; thence along the lot line common to said Lots 8 & 9, South 00°00'00" West a distance of 25.92 feet to the Point of Beginning; thence North 90°00'00" East a distance of 31.34 feet; thence South 00°00'00" West a distance of 207.30 feet; thence South 90°00'00" West a distance of 20.00 feet; thence North 00°00'00" East a distance of 187.30 feet; thence South 90°00'00" West a distance of11.34 feet to a point on the said lot line common to said Lots 8 & 9; thence along said common lot line, North 00°00'00" East a distance of 20.00 feet to the Point of Beginning. Project No, 04-115 September 10, 2004 II1II.'.: III' --,.., IB"- g'..: l1li--- '81'. --- 357 E. WatertDwer Ln.. . Suite F, Meridian. 10 83641 " """ """ "H , ",", "'" ",. EXHIBIT B IDAHO POWER EASEMENT SITE MAP LOCATED IN LOT 9, BLOCK 5, BONITO SUBDIVI510N IN SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST. BM, ADA COUNTY, 10AHO ~~~ ~~~ --++-- - - - - - -------É. ..9:'~~~~~~:,QA!L- - - - - - ----I-'f{' .."m t ~ NOT TO SCALE ;,I'~ ~.~ I ðl~ "'~ ~I~ ~l~ 1 t . t . I; . .. ~ L::~---1 PREPARED BY ANDERSON SURVEY GROUP. INC. , 357 E Wate,tower Ln, - Meridian. '0 B3642 , - - - - -~'2.'!!"- - - - - - - - - - - - - - - - - __I l ø,r,V:. ..,'.