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Water Main Easement with Terteling Trust #7 for Terteling Trust #7 ADA COUNTY RECORDER J. ß~y~~.~gX~~RO 200II IN 15 PM I 37 RECORDED - REQUEST OF MERI...D./A. t1J..~..r.;.ï.r .".' F££-LOEPUTY '. Sfr ~OOO46 24. WATER MAIN EASEMENT THIS INDENTURE, made this /51 day of rJu-d,; , 2000 between Tertelirut Trust # 7 , 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; WIlNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the premises and property hereinafter particuJarly 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 and service 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 operation and maintenance 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 fucilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such fàcilities at any and all times. TO HA VB 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 or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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 Water Main Easement Page 1 EASMT .WTR.doc described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 WIlNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Turteling Trust #7 -?~~' ?( ----'" , o¿tI Æ. Turteling, Trustee STATE OF IDAHO) ) ss County of Ada) On this I ~ day of Ou-u.-> . 20 () 0, befure me, the undersigned, a Notary Public in and for said Sta~sonally appeared J.1. Turteling: , known or tdentified to me to be the Trustee, of the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ;~~f\ "~:;:~~;}fi JM()A1- eX? IJ~ NOTARY PUBLIC FOR IDAHO Residing at K UÆ..fl ::rfJ ComrnissionExpires: 3~/;}{)lJÀ.. Waler Main Easement Page 2 EASMT.WTR.doc