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Water Main Easement with Rafanelli and Nahas, LP for Central Valley Corp. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 11124104 08:52 AM DEPUTY 8onnie Oberbillig RECORDED - REQUEST OF Meridian City Public Works AMOUNT .00 1111111111111111111111111111111111111 10414'3300 ~ WATER MAIN EASEMENT TillS INDENTURE, made this ~ day o~ 20~between Rafanelli & Nahas. L.P.. 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 ofthe 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 construction, operation, maintenance, repair, replacement 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 facilities, together with their maintenance, additional connection thereto, repair and replacement 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 construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 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 ofthe 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. Water Main Easement EASMT WTR paselotlL 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. G:t; liU Steve Wensel, Authorized Agent Rafanelli & Nahas, L.P., an Idaho Limited Partnership STATE OF IDAHO) ) ss County of Ada ) On this ~ day of Oclê:>bd , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Wensel, known or identified to me to be the Authorized Agent of the Limited Partnership that executed the within instrument, and acknowledged to me that he executed this instrument on behalf of said Limited Partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ,.""""'" 00" 1\ MO ~',« ~...~~.......!;l-1 "" ~ 't' .. -';'O '\ ! ~ I ~OTAR}- \~ \ æ * ! -.- : * i '; \ PUB\..\C ¡ ¡ \ <p'.. ..0 ~ ~'".r" ~......" .ß' 'Ii' "" . t:I OF \~ "" '...........,.-- ~w NOTARY PUBLIC FOR IDAHO Residing at e.O,'Sl Commission Expires: 1S-~ - 'Z.ooðJ Water Main Easement EASMT WTR p~ GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, : ss. County of Ada On this ~ day of AJ 001 t.'K 'e<' , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and WILLIAM G. BERG, JR., 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. (SEAL) ,"""""" ~.. .CE L "" :~. . d' '. ,y, . ~~" ""'10 .. "OT"',,:,\ ~ \ ....;;¿ .. ¡ ,~Þ118LIC II \..:i)J:°oo,o"o.o ~: J "" c. D~~~ . . ",'- Water Main Easement EASMT WTR p~ Project No. 04-134 2004 Exhibit "A" October 13, Description for City of Meridian Water Easement Lots 21 and 22, Block 2 Central Yaney Corporate Park #6 Subdivision A 20 foot wide strip ofland being a portion of Lot 21 and Lot 22, Block 2, Central Valley Corporate Park No.6 Subdivision as filed in book 76 of plats at pages 7960-7964, Records of Ada County, Idaho, the centerline of which is more particularly described as follows: Commencing at the most southerly corner of said Lot 21; Thence along the southeasterly boundary line of said Lot 21 North 51 °07'17" East, 267.34 Feet to the REAL POINT OF BEGINNING; Thence leaving said southeasterly boundary line and along the centerline of said 20 foot wide strip ofland the following ten courses and distances: North 38°53'01" West, 122.73 feet; North 51 °06'59" East, 29.67 feet; South 51 °06'59" West, 29.67 feet; North 38°53'01" West, 21.78 feet; North 51 °06'59" East, 27.36 feet; South 51 °06'59" West, 27.36 feet; North 38°53'01" West, 16.26 feet; South 51 °06'59" West, 28.80 feet; North 51 °06'59" East, 28.80 feet; North 38°53'01" West, 3.95 feet; ?age~ Thence North 00°28'00" West, 36.87 feet to the Point of Terminus. The sidelines of the above described strip ofland shall be extended or shortened to terminate at said southeasterly boundary line and the exterior footings of any constructed commercial building structures. Prepared By: Idaho Survey Group, P .C. Page ';5 '" \. ~ ¡ . I : I I I I I I I I L______------------_J I I I I I I L_____- Jl/ ",t ~#' / EXTERIOR EASEMENT LINE TABLE It, EASEMENT LINE TABLE L9 10.00 S 51'07'17" W L10 150.77 N 38'53'01" W L11 10,33 S 51'06'59" W L12 7.90 N 38'52'43" W L13 8.47 S 51'07'17" W L14 12.10 N 38'53'01" W L15 20.83 N 51'06'59" E U6 37,09 N 00'28'00" W U7 20.00 N 89'32'00" E U8 33.39 S 00'28'00" E U9 6,73 S 38'53'01" E L20 17,39 N 51'06'59" E L21 20.00 S 38'53'01" E L22 17.36 S 51'06'59'. W L23 1,78 S 38'53'01" E L24 19.67 N 51'06'59'. E L25 20.00 S 38'53'01" E L26 19.67 S 51'06'59" W L27 112.73 S 38'53'01" E L28 10.00 S 51'07'17" W ! i l ~ , ! ! ¡ j i t ! RADIUS 210.00 RAMP EASEMENT CURVE DATA LENGTH CHORO DIST. CHORO BRG, 2.00 2.00 S 50'50'56" W LINE LENGTH BEARING L1 122,73 N 3B'53'01" W L2 29,67 N 51'06'59" E L3 21,78 N 38'53'01" W L4 27.36 N 51'06'59" E L5 16.26 N 38'53'01" W L6 28.79 S 51'06'59" W L7 3.95 N 38'53'01" W LB 36.87 N DO'28'OO" W OELTA 0'32'43" IDAHO SURVEY GROUP, P,C, 145' E. WATERTOWÐ< ST. SUITE 15' MERlDIAN.IDAHO""'" PH. (208) .....m FAX (2Q8) 6ß4.539I EASEMENT EXHIBIT "B" FOR ;":-f~~ CENTRAL VALLEY CORPORATE PARK #6 SHE1"°