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Madden Subdivision Water Main Easement No 2ADA COUNTY RECORDER Christopher D. Rich 2017-119310 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:15 AM CITY OF MERIDIAN, IDAHO NO FEE b , THIS INDENTURE, made this 15 day of -Ok—, 20 1 r1 between � f�� ac,—, 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 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. Water Main Easement REV. 08/15/16,doc Madden % 2 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 farther 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: 1 Z" R tijiu� �� k4 Lm 1� K Secretary Address STATE OF IDAHO ) : ss. County of Ada ) +,A On this day of—WWeMV-NC w , 20 �� , before me, the undersigned, a Notary Public in and for said State, personally appeared 'T) L-) � A 0 \ a-nkr y and known or identified to me to be the Plside+*—,-md ( m Shy, 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 first above written. , t4` s� . 4TwR�. Water Mairrt,T�c nt yn�'OF 10� NOTARY PUBLIC FOR IDAHO Residing at 1\ o Commission Expires: REV. 08/15/16.doe GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada of SEAL On this 19'+V\ day of �2CLMIMY,20 (I 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 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 ray hand and affixed my official seal the day and year first above written. NOTARY PUB C FOR IDAHO Residing at: OUA-46--ju)-i "—Ahz Commission Expires: b -a? 00 @Q Water Main Easement REV. 08/15/16.doc momm K)o 2, WATER EASEMENT M MADDEN SUBDIVISION LOCATED IN LOT I EXHIBIT A A water easement located on, the north boundary line of Lot 1 c Madden subdivision, lying in the W1/2 of the SW1/4 of the SW1]4 of Section 8, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, said water easement being more particularly described as follows: Commencing at the Brass Cap marking the SW comer of Section 8; thence N.00025'49" E. 735.15, feet along the West line of section 8 to a 5/8'j iron pin; thence S.8,91134'124E. 350.00 feet along the centerline of E. Lanark Street to a point; thence S.00'25'40'W, 28,88 feet, to the South right of way of E. Lanark Street to, the POINT OF BEGIN NI NG. - Thence continuing S.00025'40"W 12.00 feet, to a point, Thence 5.8913�V20"E, 2,0.00 feet to a point; Thence N.0002T40"E. 12.00 feet to a point on the South right of way of E, Lanark Street, Thence N.8913,4'20'W. 2.0.00 feet to a point, also being the POINT OF BEGINNING. EXHIBIT B WATER EASEMENT E LYING IN PROPOSED MADDEN SUBDIVISION LYING IN, THE W1/2 111 /4 W1 /4, SECTION 8, T.3N, Rlt, 13-M., ADA COUNTY, IDAHO E, fRANKONXI VQNITY, MAP S89' 57' 53"E 661,23' E FRANKLIN RD Not - -0 MA EN SUBDIVISION MEN J. J. HOWARD 11 7-17 DMM OD, C -s f70402 WATER EASEMENT N0.2 L LF'—oEN'o BOUNDARY LIKE SEVOON LINE ROAD CENTERLINE. EASEM04T FOUND BRASS CAP FOUND 518. INON PIN CALOKAIED PONT-NOT SET E, fRANKONXI VQNITY, MAP S89' 57' 53"E 661,23' E FRANKLIN RD Not - -0 MA EN SUBDIVISION MEN J. J. HOWARD 11 7-17 DMM OD, C -s f70402 WATER EASEMENT N0.2 L