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Oxygen Subdivision Water Main EasementADA COUNTY RECORDER Christopher D. Rich 2018-034525 BOISE IDAHO Pgs=5 VICTORIA BAILEY 04/18/2018 11:53 AM CITY OF MERIDIAN, IDAHO NO FEE THIS INDENTURE, made this LL day of , 20« between JC'(r-1'z'C 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 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 riglit-of-way for an casement 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, repair, replacement and subsequent connection at the convenience ofthe GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said casement 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. 005/16,doc Oklwn TIM 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 of the 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. 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 of the first part have hereunto subscribed their signatures the day and year first herein above written. z6c Presiders Secretary Address STATE OF IDAHO ) : ss County of Ada '2 On this day of M111 -M- 20& before me 52d�2E I undersigned, a Notary Public in and for said State, personally appeared 1r2,Z_V&iL, -And , known or identified to me to c the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year first above written. NOTARY PUBIC FOR ID AI AD Residing at: -4,LdI01, Commission Expires: -2-- REV. 08/15/16,doe Approved By City Council On: � / STATE OF IDAHO, ) : ss County of Ada On this day of Ann 1 .20 19). Publi ' - i! before me. the undersigned, a Notary or i' f tate r ally appeaxe o and C`,Jay Coles, known to me exec,_ to be c executed theme that the City ofMeridian executed the same. IN WITNESS WMRE0F, I have hereunto set my band and affixed my official seal the day and year first above written. k I ) NOTARY PUB LI FOR ID Residing at: —'T I Commission Expires :4tA?-: water main Easement REV. 08/15/16.doc OY,83en March 9th, 2018 Project No. 116091 05�® s THE LAND GROUP, INC. EXHIBIT "A" CITY OF MERIDIAN WATER EASEMENT DESCRIPTION An easement located In the Southwest Quarter of the Southwest Quarter of Section 16, Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, particularly described as follows: Commencing at the Southwest Corner of said Section 16, from which the South Quarter Corner of said Section 16 bears South 89'14'17' East, 2665.07 feet, Thence North 36052'37" East, 1172.33 feet to POINT OF BEGINNING; Thence North 11*15'05" East, a distance of 20.00 feet; Thence South 7844'55" East, a distance of 248,54 feet; Thence South 11*15'05" West, a distance of 20.00 feet, Thence North 78*44'55" West, a distance of 248.54 feet to the point of beginning. The above described containing 0.11 acres/ 4970.8 square feet, more or less. PREPARED BY. THE LAND GROUP, INC. James R. Washburn Air 1-ndc*rAtrhi1edqr.- Sj1,-P11,1#i1g OCUIBndneeft o Golf Conjolnigalion &Engineedig &Ghohk CommutdosiVo# 462 E. Shore Djlve, Sm too, Eagle, Idaho 83616 ®P 208.939.4041 F'208.939.4445 ® 3nwkkadgmmp1ag,citta NOHOW: hMq, Much 0 2015 it DS -.010A SOUTH EAGLE ROAD !:n N00040'46'W 2653.90' -4 C.0 =j C4 J�z rn CD C) C3 m m r Nd7ft Exhibit "B" CITY OF MERIDIAN WATER EASEMENT