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Water Line Easement with Brighton Corporation for Ashford No. 1 ~~flj'A: J RECORDED.REQU~S~DF AM C \JNTY ~ÉcÕR~, J. Di~1O NAVARR.O cU:tj. IEEE --Ð---oEPUTY . BOISE. IDAHO .=:f - ZIIODJN22 PM 1:32 Õ¡OOO486l¡8 This sheet has been added to document to accommodate recording information. WATER LINE EASEMENT TO CITY OF MERIDIAN TillS INDENTURE, made this 26th day of July, 1996, between BRIGHTON CORPORATION, the party of the first part, and hereinafter called the grantor and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee: WITNESSETH WHEREAS, the Grantor desires to provide a water line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water line is to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and serve said pipeline :fi:om time to time by the Grantee; NOW THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a water line over and across the following described property: A strip of land located in the SWII4 of the NWII4, and the NWlI4 of the SWII4 of Section 3, T.3N., RIW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest comer of said Section 3; thence South 00°38'27" West, 2697.49 feet to the quarter comer common to Section 4 and the said Section 3; thence continuing along the West boundary of Section 3 South 00°38'11" West, 437.61 feet to the REAL POINT OF BEGINNING ofa 30.00 foot wide strip of land being 15.00 feet left and right of the following described centerline: South 89°21 '49" East, 165.08 feet; thence a 50.00 foot wide strip of land being 25.00 feet left and right of the following described centerline: North 16°52'15" East, 118.00 feet; thence 155.84 feet along the arc of a curve to the left, having a radius of 550.00 feet, a central angle ofl6°14'04", and a long chord bearing North 8°45'13" East, 155.32 feet; thence North 00°38'11" East, 302.48 feet; thence 106.61 feet along the arc of a curve to the right, having a radius of 550.00 feet, a central angle of II °06'23", and a long chord bearing North 6°11 '23" East, 106.45 feet; thence North 12OZ6'16" East, 96.25 fuet to the terminus of said centerline. Sidelines shortened or extended as required to form a continuous strip of land. Water Line Easement to City of Meridian Page 1 The easement hereby granted is for the purpose of construction and operation of a water line main and its allied facilities, together with its maintenance, repair and replacement at the convenience of the Grantee, with the:fi:ee 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee will, in making future repairs, expediently replace and restore the premises to a condition comparable to the existent prior to undertaking such repairs and replacements. THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structures on the area described fur this easement which would interfere with the use of said described easement for the purposes stated herein. THE GRANTOR does hereby covenant with the Grantee that tbey are lawfully seized and possessed ofthe aforementioned and described tract ofland, 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 hereinabove written. BRIGHTON CORPORATION By:æ~ v David W. Turnbull, Pre ¡dent STATE OF IDAHO ) ) ss: ) COUOty of Ada On this 26th day of July, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President of BRIGHTON CORPORATION, an Idaho Corporation, the Corporation that executed the foregoing instrument or the person who. executed the furegoing instrunlent on behalf of said Corporation, 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 in this certificate first above written. """'T"'r""',,, ,"~ß A '. ~ ~ c:1~"" p ...'.". A,r "" ~ .: y.' '. ~'. , .1' NOr '.."7~ Notary Public for Idaho ii! "" 'f..p .~ ¿ ; Residing at Boise, Idaho ~ ~ i"òto '"" ,t.. j &; § My Commission Expires: 7/1~ IiLIC l f ').~.. .'.': '" 0 ¡;- ........' ,,-- """ IDA\\O "", ""'111""" Water Line Easement to City of Meridian Page 2