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Water Main Easement with Van Auker, Ronald W. for Lanark Lane 1 ADA CDUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/16/03 09:34 AM DEPUTY Bonnie Oberbillig ~~~i~~a~Eg¡;REQUEST OF III/IIIIIIIIIIIIIIIIIIIIII!IIIIIIIIII AMOUNT .00 103007929 WATER MAïN EASEMENT----~' TIDS INDENTURE, made this~ day of October, 2001 between Ronald W. Van Auker, 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 ftom 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 for the construction, oper¡¡tion, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXffiBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and theit aJlied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the ftee 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 unless relinquished as provided herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after 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 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. Water Main Easement Page 1 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. STATE OF IDAHO) ) ss County of Ada) On this 9Th day of t'!Jc;:iP1::?t::r , 2001, befo~ me, the undersigned, a Notary Public in and for said State, personally appeared K Mild fA/. Van ~ and - , known or identified to me to be 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 seal the """""'~"""""'" writtoo. ~ 't' 'ï,'$ . J':-Wå':-'#~ ,,' ~\> .-..... ~k" " ~ l$f'.o. -";.~'\, V ¡ l~o. TA.~ÿ \ \ or, YPUBLIC FQ!DØAHO ;*. >_._~I*. . . I \ \. J>VB\..\G ¡ Residing at M \<p'o. 01 ,., ~ :?:.ø --.... ~~ ,:< CommissIOn EXp~/-tJ'f ##<»..}'F: OF \SJ.~...<," -,.."",....- Water Main Easement Page 2 @:iQ~ " Jldk- ß- ~~ . Attest by William G. Berg, Ity erk Approved By City Council On: jq VI \,.\~ V" Water Main Easement -¡} "LOD~ Page 3 EXlllBIT "A" A water main easement located in the SWII4 of Section 9, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho and described as foIlows: Commencing at a brass cap monument marking the SW comer of said SWII4, thence along the South line of said SWll4 N89°S9'S8"W a distance of 2706.17 feet to a brass cap monument marking the SE comer of said SWII4, thence leaving said South line NOoo08' l7"E a distance of 40.01 feet to a 5/8 inch rebar, thence parallel with the South line of said Section and along the northerly right-of-way line of Franklin Road N89°S9'S8"W a distance of 1603.19 feet to a 5/8 inch rebar, thence leaving said right-of- way and along the easterly right-of-way of Gaudians Avenue N06°0T24"W a distance of ~Jeet to a point marking the POINT OF BEGINNING; Thence continuing along said right-of-way N06°0T24"W a distance of20.00 feet to a point; Thence leaving said right-of-way N83°S1 '29"E a distance of 134.03 feet to a point; Thence N06°08'31"W a distance of24.00 feet to a point; Thence N83°Sl '29"E a distance of27.00 feet to a point; Thence S06°08'31"E a distance of24.00 feet to a point; Thence N83°S1 , 29"E a distance of 11.23 feet to a point; Thence S89"O8' 14"E a distance of 176.80 feet to a point; Thence NOOOSl '46"E a distance of20.00 feet to a point; Thence S89°08' 14"E a distance of20.00 feet to a point; Thence SODoSl '46"W a distance of20.00 feet to a point; Thence S89"O8'14"E a distance of274.91 feet to a point; Thence NOOOSl '46"E a distance of 14.00 feet to a point; Thence S89°08' 14"E a distance of27.00 feet to a point; Thence SOooSI '46"W a distance of 14.00 feet to a point; Thence S89°08'14"E a distance of68.7l feet to a point; Thence NOOOSI '46"E a distance of 20.00 feet to a point; Thence 889°08' l4"E a distance of20.00 feet to a point; Thence 800°51 '46"W a distance of20.00 feet to a point; Thence S89°08' 14"E a distance of202.00 feet to a point; Thence NOooSl '46"E a distance of20.00 feet to a point; Thence S89"08'14"E a distance of20.00 feet to a point; Thence SOooSl '46"W a distance of20.00 feet to a point; Thence S89°08'14"E a distance of 136.43 feet to a point; Thence SOooSI '46"W a distance of 20.00 feet to a point; Thence N89"08'14"W a distance of 166.92 feet to a point; Thence SOooSl '46"W a distance ofS2.00 feet to a point; Thence N89°08'14"W a distance of27.00 feet to a point; Thence NOooSl '46"E a distance of 52.00 feet to a point; Thence N89°08' 14"W a distance of 123.96 feet to a point; Thence SOooSI '46"W a distance of70.00 feet to a point; Thence N89°08'14"W a distance of20.00 feet to a point; Thence NOO.51 '46"E a distance of 70.00 feet to a point; ThencéN89°08'14"W a distance of2l9.40 feet to a point; Thence 800°51 '46"W a distance of 52.00 feet to a point; Thence N89°08'14"W a distance of27.00 feet to a point; Thence NOO.51 '46"E a distance of52.00 feet to a point; Thence N89°08' l4"W a distance of 328.42 feet to a point; Thence SO0"51 , 46"W a distance of52.00 feet to a point; Thence N89.08'14"W a distance of27.00 feet to a point; Thence NOO.51 '46"E a distance of52.00 feet to a point; Thence N89.08'14"W a distance of4.92 feet to a point; Thence S83°5l '29"W a distance of 171.05 feet to the POINT OF BEGINNING. Said Easement contains 0.69 acres more or less and is subject to all existing easements and rights-of-ways of record or implied. COO604 7 _h2o_legal_O6280 Ipmg Pinnacle Encineers, 209-99?-??81 p.2 AuC 06 01 04:19p Inc. ,~ " i ! ~ t ,~ ~ ~ ~ 0 0 < 0 m '- 0 m '- 0 ! t ~ " f õ ~ , 0 ~" ~ ~ ~ » ~ » i r EXHIBIT "B" I LS 3624 EVANS DRAIN ------ -- --- ---- ~- - -- - - -- ---+-¡ I "i~ i " ~ ~ rn GENERAL LEGEND ---- SOUN_UNE - - - """,,",. ŒJI1ER UNE ~ ~ ~ - - - - - - NEW WATER 'ASE"NT -----,,~. NEW ""'" """"" -. O""-OF-WAY '" ","NO ,.... CAP 0 FOONO 5/" R""" (2700."') "'CO.. DATA IS .... ""'O""W ,....,,' . 0 " . I~ - - - q:- ~NKIJN ;OAD7- 7 - - - -;;Ofr-"~O crOf' .....,470 OASIS OF 'WIIIG "'~;~~J NO....'...... 2700.'" (2700~") cp"" ,....... WATER MAIN EASEMENT SCALE: 1 "=200' DETAil FilENAME: CO06047 _WTR-EASE.DWG CREATION DATE: MARCH 200t PINNACLE DRAWN BY: DJT CHECKED BY: Engineers, Ine. 12552W,[""""",..5""""'..""".,"3 (206) ..,- 7780 L ..J