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Madden Subdivision Water Main Easement No 5ADA COUNTY RECORDER Christopher D. Rich 2017-119321 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 12/14/2017 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE gue al. -Jaw ,. p THIS INDENTURE, made this day ofd, between h",� 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 withinthe area described in this easement that was placed there in violation of this easement. Water Main Easement REV. 08/15/16,doe ka6den No S 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. Secretary Address STATE OF IDAHO ) : ss. County of Ada ) +rh On this day of _t)ojC , 20 before me, the undersigned, a Notary Public in and for said State, personally appeared .I10 j �A�\ a-t,(�u,r z a"4 known or identified to me to be the Pre ea+id K'� mbe-v Seedy, 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. , A QA NOTARY PUBLIC FOR IDAHO pTq� y am , Residing at: (`",t � Q j •oma Commission Expires: i 49 Water Mai ��,�C ` REV. 08/15/16.doc •� 4 ..,=c OF GRANTEE: CITY OF MERIDIAN Tainrly de:��d, Mayor AU& by C.Ja-y Coles, City Clerk / / Approved By City Council On: P-/ STATE OF IDAHO, ) : ss County of Ada On this day of -De".Mber-,20 V4 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 my hand and affixed my official seal the day and year first above written. NOTARY PUW, FOR IDAHO Residing at: VUAI-6� Commission Expires: & -caS 0,() Water Main Easement REV. 08/15/16.doe Ha6&-n Q)_5 WATER EASEMENT MADDEN SUBDIVISION LOCATED IN LOT 2 EXHIBIT A A watler,easement located on the west boundary line of Lot 2 of Madden subdivision, fyin, S, in the W1/2 of the SWIA of the SWI/4 of Section,8, Township 3 North, Range I East, Bolse Meridian, Ada County, Idaho, said water easement being more particularly described as follows: Commencing at the Brass Cap marking the SW corner of Section 8; thence N.0002549", E. 114,03 feet along the West line of Section 8 to a point; thence S.89033'11"E. 54.02 feet to the POINT OF BEGINNJNG; Thence continuing S -89133'11"E. 7.GO feet to a point; Thence N.00026' 9"E. 20,00, feet to a point; Thence N.89133"11"'W. 7.00 feet to a point; Thence S.,OCP2,6'49"W. 2,0.00 feet to a point, also being the POINT OF BEGINNING. EXHIBIT B WATER EASEMENT 8 LYING IN PROPOSED MADDEN SUBDIVISION LYING IN THE Wl"/2 SWI/4 SW1/4, SECTION 8, T -3N., R,lE,,, B,M., ADA COUNTY, IDAHO r- Fkmnm VICINITY MAP E -m-" 7 CP I= NO. 107088111 S89' 57' 53"E 661,.23' E FRANKLIN RD fflkw� - "I I CLS 1 170402 MADDEN SUBDIMSION WATER EASEMENT NO. 5 LEPENQ 8001404RY LINt SECDON ONE ROAD CENTS 14f EAStMENT FOUND BRASS CAP FOUND 5/15' IRON PIN A CALCULATED POINt-00T SFT r- Fkmnm VICINITY MAP E -m-" 7 CP I= NO. 107088111 S89' 57' 53"E 661,.23' E FRANKLIN RD fflkw� - "I I CLS 1 170402 MADDEN SUBDIMSION WATER EASEMENT NO. 5