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New Cavanaugh LLC Water Main EasementADA COUNTY RECORDER Christopher D. Rich BOISE IDAHO P91=5 DAWN TRJVC]L[S S-[Tf 7(}83 MER10fAN CITY 01127/2016 11:29AM IJ11l III 1111CFEE 0018802420160007083006o453 WATER MAM F EME1rIT A-� xp 4,4 e TICS INDENTURE, made this day of _: - _ _ 2015 between New Cava gWA LLC . the party 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: x,the Grantor desires to provide a water main right of way across the premises and property particulady bounded and described; and the water main is an underground pipeline to be constricted through the property; and WfIER.:EAS, it is Decessary to maintain, service, and suhsmp=dy eonnea to said pipelines from time to time by the Grantee, i NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant, and convey into the Graalmtee the right. of -way for an easement for the operation, maintename, repair, and replacement of water mam over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of opera on of a water lucre and its allied facilities, together with their maintenance, additional connection thereto, repair and replw=r=t at the conven- -ience of the Grantee, with the flee right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and beuma4z parties hereto that after making repairs, performing other maintenance or making subsequent cam"on to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior to undertaking :such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing orrestoring anything pled within the area described inthis easement that was placed there in violation of this easement, THEGRANTORS hereby covenant and agree that they will not place or allow to be placed any perrna -nent structures, trees, brush, or perennial shrubs or flowers within the area desenbed for this easement, which would interfeew with use of said easement, for the purposes stated herein.,. Water and Sewer Main Easemat Page 1 EASMTW rR THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right- of-way ight- of way and easement hereby granted shalt Dome ,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 no further effect and shall be completely relinquished.. THE GRANTORS do hereby covenant with the Grantee that they are lawfully sized and possessed of the aforementioned and described tract of lane, and 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 lavwfal claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed their signature the day and year first herein above written. GRANTOR: New Cavanaugh LLC D. an Minert, Managing Member STATE OF IDAHO) County of Ada ) On this t today of'2015, before me, the undersigned, a Notary Public in and for said Stade, personally appeared D. Ran M= . known. or identified to me to be a Managing Member of the Limited Liability Company that executed the within, instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITLESS WHEREOF, I have hereunto sett my hand and affixed my official, seal the day and year first above written. _..wuNfsf.-- iP. NOTARY PUBLIC FOR IDAHO Residing at LIC va My commission expires: Q '?7 • + l GRANTEE: CITY OF MERI]]IAN Mayor Attest by(Wycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this *RA- day of 20 � �,., before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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. LL NOTARY Pi Residing at: Commission FOR Water Main Easement EASMT WAT 11-15-13.doc EXHIBIT A Description of: Water Line Easement Caven Ridge Estates Subdivision No. 1 New Cavanaugh LLC August 28, 2015 An easement for a water line located in the SE'/4 NW I/4 of Section 3 0, T.3 N., R, l E., B.M., City of Meridian, Ada County, Idaho described as follows: Commencing at the Center 114 comer of said Section 30; thence, N.00°07'13"E., 405.82 feet along the east line of said SEI/4 NW'/4 to the POINT OF BEGINNING; thence, S.89°52'47"W.11 262.20 feet to a point of curvature; thence, Northwesterly, along a curve to the right having a radius of 503.00 feet, an arc length of 568.16 feet, a central angle of 64°43'06", a chord bearing of N.57°45'40"W., and a chord distance of 53 8.44 feet to a point of tangency; thence, N.25 24'07"W., 162.34 feet to the southeast corner of Lot 16, Block 4 of Caven Ridge Estates Subdivision; thence, N.64035'53"E., 56.00 feet across Llsonian Way to the southwest corner of Lot 4, Block 3 of said subdivision; thence, S.25024'07"E., 162.34 feet to a point of curvature; thence, Southeasterly, along a curve to the left having a radius of 447.00 feet, an arc length of 504.91 feet, a central angle of 64"43'06", a chord bearing of S.57*45'40"E., and a chord distance of 478.49 feet to a point of tangency; thence, N.89052'47"E., 262.20 feet to a point in the east line of said SEI/4 NW'/4; thence, 5.00007'13"E., 56.00 feet along said east line to the POINT OF BEGINNING,- said EGINNING, sand easement containing 53,820 square feet or 1.236 acres, more or less. Prepared by: Leavitt & Associates, Engineers, Inc. John S. Austin, Idaho PLS 5081 z M E-- _o En - 7 W cn u)z z W r) 0 W ¢ Z¢ Lij J z oz Ld bj La (f) L C) Q :2 (� 0 L, U W Z U U V) E X H I B I T B 0 C3 0 REFLECTION RIDGE SUBDIVISION Na.3 c� S00'07'1 YE 1327.92' `" O 206.86' 053.24'56.(7U' 405.82' w z F-- Fco cj .ACU tf] o m o 04 X {y (L Z uz D in zw L '' C`3 g oc " rP tow d a N r3 r