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Oxygen No 1 Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-027682 BOISE IDAHO l BONNIE OBERBILLIG 03/29/2018 08:22 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASE' ME' NT THIS INDENTURE, made this a day of Fiwh, 201?) between -:79M-f-5 the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second pail, 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 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: Fill"! 111111 lill!'111i ii♦11111 1111ilil'11 ��i ill � I i,11:iii� So 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 ofthe GRANTEE, with the five 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. 08/15/16,doe M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 7 , 2 0 1 8 – P a g e 7 7 o f 4 9 3 GRANTEE: CITY OF MERIDIAN Tam e , Mayor Att t by C. ay Coles, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) QOV,p,SED AUGUST 41 �� cilyur w CAVI E IDIAN+ - IDAHO \z� SEAL ') �/ a-� /'wg On this ar day of I"` Ck-y-CV-1 , 20 1e , 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 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. Water Main Easement REV. 08/15/16.doe OKggw at b r�.i •� AT� • NOTARY PUBLIC FOR IDAHO : �y, �p,R Y '� Residing at: "Y I l oil L&CAJ), jAinko �Z Commission Expires: 3-a2 aoaa . 0. �•. STA`I'D, .•• Water Main Easement REV. 08/15/16.doe OKggw at b r�.i Project No.: 4149 Date: March 8, 2018 TEALEY'S LAND SURVEYING 12594 W. Explorer Dr., Suite 150, Boise, Idaho, 83713 EXHIBIT "A" (208) 385-0636 Fax (208) 385-0696 DESCRIPTION OF WATER MAIN EASEMENT FOR JAMES A KISSLER, LLC (OXYGEN SUBDIVISION No. 1) A parcel of land situated in the SW 1/4 of the SW 1/4 of Section 16, T.3N., RAE., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southwest comer of said Section 16, marked by a brass cap; thence along the South line of said Section 16 South 89°22'54" East 1332.54 feet to the Southeast corner of said SW 1/4 of the SW 114; thence along the East line of said SW 1/4 of the SW 1/4 North 00031'36" West 1326.92 feet to the Northeast corner of said SW 1/4 of the SW 1/4, marked by an iron pin; thence along the North line of said SW 1/4 of the SW 1/4 North 89023'14" West 136.32 feet to the Northwest corner of a Meridian Water Main Easement, Instrument No. 2017-048186, which point is the POINT OF BEGINNING; thence along the West line of said Easement and the extended West line of said easement South 00°36'46" West 22.00 feet to a point; thence along a line that is parallel with said North line North 89°23'14" West 965.53 feet to a point on the East right-of-way line of S. Rackham Way; thence along said East right-of-way line North 08045'07" East 22.22 feet to a point on said North line of the SW 1/4 of the SW 1/4; thence along said North line South 89023'14" East 962.39 feet to the POINT OF BEGINNING. 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