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Raisin Angels Daycare Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2017-120504 BOISE IDAHO Pgs=5 VICTORIA BAILEY 12/18/2017 10:21 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS INDENTURE, made this 134"day of t t , 20L -L between MkP,`a# LG G 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 plain 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. 08/15116,doc 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. Address 1 q3 W • 4re, eve F5k-1 D s3- STATE OF IDAHO ) . ss. County of Ada ) On this /3W day of IE"674BE2 , 20 / 7 , before me, the undersigned, a Notary Public in and for said State, personally appeared /bt*Xlz- t4gzelo• and lbo+-t 0, 1"— kA- , 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 first above written. _ 't;o Y (SEAL) = NOTARY PUBLIC FdLIDAI Residing at: u PUBLIC Commission Expires: _ ��ii •.....• ��ION WateNwonoE111- lent ''IxotMARY1� ItFs GRANTEE: CITY OF MERIDIAN Tammy d d, Mayor AKpst by C4& Coles, City Clerk Approved By City Council On: _ STATE OF IDAHO, ) : ss County of Ada ) V/ 5 / ;�Y7 oc�a�a�rerJ � u�'U5. ,G r Cityof IDIAN-, IDAlip SEAL On this 6 day of 20 �, 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 1DAkO Residing at: �,OAI Commission Expires: �3 • �ZaU a 2 -- Water Main Easement REV. 08/15/ 16.doc FOX 1W LAND SURVEYS EXHIBIT "A" LEGAL DESCRIPTION WATER EASEMENT 1515 S. SHOSHONE ST. BOISE, ID 83705 208.342.7957 www.foxlandsurveys.com A parcel of land within Lot 3, Block 2 of Paramount Square Subdivision, according to the official plat thereof, filed in Book 109 of Plats at Page 15586, records of Ada County, within the Southeast Quarter of the Southeast Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows. COMMENCING at the at the Northerly corner common to Lots 2 and 3, Block 2 of Paramount Square Subdivision, also being the Southerly right-of-way of West Archerfield Street, monumented by a found mag nail, thence along the boundary of said Lots 2 and 3, South 00°23'20 West, 163.18 feet to the corner common to Lots 2, 3, 6, and 7, of said Block 2, monumented by a found mag nail; Thence along the boundary of said Lots 3 and 6, North 89°36'11" West, 17.50 feet to the Westerly edge of an existing cross access, utility, sewer, and water easement, as described in Note 11 of said Paramount Square Subdivision, and to the POINT OF BEGINNING; Thence continuing along the boundary of said Lots 3 and 6, North 89°36'11" West, 23.38 feet; Thence North 45°23'20" West, 20.95 feet; thence North 00023'20" West, 75.78 feet; thence South 89°29'57" West, 20.28 feet; thence North 00°24'07" West, 20.00 feet; thence North 89°29'57" East, 20.29 feet; thence North 00°23'20" West, 7.12 feet; thence North 00°27'37" West, 24.76 feet; thence North 89°35'53" East, 20.00 feet; thence South 00°27'37" East, 24.77 feet; Page 1 of 2 17069 -WATER -EASEMENT. docx 1515 S. SHOSHONE ST. FOX BOISE, ID 83705 *16,,j LAND SURVEYS 208.342.7957 1W www.foxiandsurveys.com thence South 00°23'20" East, 94.62 feet; thence South 45°23'20" East, 4.06 feet; thence South 89°59'31" East, 15.60 feet to the Westerly edge of said existing cross access, utility, sewer and water easement; thence along said existing easement, South 00°23'20" West, 20.44 feet to the POINT OF BEGINNING. Containing 3,523 square feet or 0.081 acres, more or less. Refer to the attached "EXHIBIT B" Survey Map. Any modification of this description shall render it void. END OF DESCRIPTION Prepared by: Tim J. Fox, PLS Page 2 of 2 17069 -WATER -EASEMENT. docx EXHIBIT B WATER EASEMENT WITHIN LOT 3, BLOCK 2 OF PARAMOUNT SQUARE SUBDIVISION T4N, R1 E BM, ADA COUNTY, IDAHO V ----w - -w w - w--- -w- w - --w W. ARCHERFIEED _ STREET O O O O SIDEWALK 10 -FOOT WIDE LANDSCAPE AND P.U.E. EASEMENT, SEE NOTE 1 OFPARAMOUNT SQUARE SUBDIVISION, BK 109, PG 15586 WI" "m S00°23'20"E 7.12' N89°29'57"E 20.29' W1" 1 .. 1' N00°24'07"W 20.00' 1 3.7' S89°29'57"W 20.28' O Y 3 w BUILDING y PROPOSED WATER _ EASEMENT \ N89°35'53"E -n 20.00' _----- 3 3 --w- w— w w--w-----w-- _PAT.LS4347 n I3 L— POC �t:•r.: 6y col NLN �� N►N I Z1� wi `J 1 J O 3 al 3 w II > I 35 -FOOT WIDE CROSS ACCESS, UTILITY, SEWER & WATER 3 ° EASEMENT. SEE NOTE - I I 11 OF PARAMOUNT 1 I , SQUARE �SUBDIVISION, BK 109, PG 15586 N89'3 "I 23.38' POB 7 LAND ON89°36'11' W5� \ S TE S� 17.50' /I\ 30 15 0 30 60 SCALE: 111=30' 17069 -SKETCH. DWG w2 "). 9rE o F°P HY FOX LAND SURVEYS INC. (208) 342-7957 col wi O 1 zoCNN i w 1` of I O U) c\1 fA l I a w N � `..� I I C) Z 1 II 13 S45°23'20"E 1 4.06' 1 S89°59'31"E r15.60' W 1 3 �1 _ I 9\; N C' M �O9 L?0'� N 1 N N89'3 "I 23.38' POB 7 LAND ON89°36'11' W5� \ S TE S� 17.50' /I\ 30 15 0 30 60 SCALE: 111=30' 17069 -SKETCH. DWG w2 "). 9rE o F°P HY FOX LAND SURVEYS INC. (208) 342-7957