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Water Main Easement with West, Burton O. and Holmes-West, Kimberly 3649 for Troutner Park Subdivision i ' , ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 06/29/05 10:59 AM DEPUTY Patti Thompson RECORDED-REQUEST OF City of Meridian AMOUNT .00 5 1111111111111111111111111/11111111111 105085936 '--,,- WATER MAIN EASEMENT THIS INDENTURE, made this 7' nI day of ~ , 2005 between BURTON o. WEST, JR. AND KIMBERLY R. HOLMES-WEST, husband and wife, 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 desc.ribed; 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 for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: SEE A TT ACHED 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 HA VB 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. Water Main Easement Direct Buy and City of Meridian X: \Proj ects\Benchmark\2607\Admin\Legals\ Water Main_Esmc Conveyance. doc Page 1 of 3 P~f 5--. 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. GRANTOR: BURTON O. WEST, JR. OLMES- WEST ~~,~ ST ATE OF IDAHO) ) ss County of Ada ) On this c¡~ day of ~.I I. 'J8" , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Burton O. West, Jr. and Kimberly R. Holmes- West, husband and wife, known or identified to me to be the persons that executed the within instrument, and acknowledged to me that they 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) ~ Residing at My Commission Expires: ..J Water Main Easement Direct Buy and City of Meridian X: \Proj ects\Benchmark\2607\Admin\Legals\ Water Main _EsmC Conveyance.doc Page 2 of 3 Pagp. ~ nf 5 - GRANTEE: CITY OF MERIDIAN STATE OF IDAHO) ) ss County of Ada ) On this .J/st day of ~4Y\~ ,2005, 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. ?d¿t III"""", Y I.L/ ~,"";\CB L. ;~~.~ . - ~ J.'fi "¡:--;..... '7.í: ~ I '.. :;. ,. :* ~OTA~ .,,-$-\, :: .)--.: :' : -.- : : "",þ -*= ~. if."" lrBLlc.Z ¡ ,~. ~ ... "1 ,. ... . I '" ./J::' -...... ~ 0 ~'fi '.". OF ID ~ ~# . "'01."~,,,,'II". (SEAL) Water Main Easement Direct Buy and City of Meridian X: \Proj ects\Benchmark\2607\Admin\Legals\ Water Main- EsmC Conveyance. doc Page 3 of 3 PagP. ~ nf 5,... ~oylånce & Associates P .A. . 391 W. State Street, Su~e E, Eagle, Idaho 83616 Engineers. SuNeyors . Landplanners Telephone (208) 939-2824 Fax (208) 939-2855 June 8, 2005 Project No. 2607 Exhibit "A" Legal Description DirectBuy 20' Wide Water Main Easement 3,649 Square Feet An easement for the purpose of accessing and maintaining water facilities located in a portion of Lot 6, Block 2, Troutner Park Subdivision (a recorded subdivision on file in Book 75 of Plats, at pages 7762 through 7764, inclusive, records of Ada County, Idaho), situated in a portion of the Northeast One Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point at the Southwest Comer of said Lot 6 from which a 5/8-inch steel pin witness comer lies South 89°29'59 East a distance of 2.00 feet on the easterly right-of-way of Southwest 5th A venue and said point being the POINT OF BEGINNING. Thence following said easterly right-of-way North 00°34'13" East a distance of 20.00 feet to a point; Thence leaving said easterly right-of-way South 89°29'59" East a distance of 182.42 feet to a point; Thence South 00°20'38" West a distance of 20.00 feet to a point; Thence North 89°29'59" West a distance of 182.50 feet to the POINT OF BEGINNING. The above-described easement contains 3,649 square feet, more or less, subject to all existing easements and rights-of-way. Prepared By: ROYLANCE & ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 208-939- 2824 208-939-2855 (FAX) c - ~-O~' X:\Projects\Benchmark\2607\Admin\Legals\Water Easement No. 2.doc p~ ()? lJJ :J 2 UJ :> « ..c: +0- l{) ~ . (fJ NOO"34'13"E 20.00' (. (, LOT 6, BLOCK 2 TROUTNER PARK SUBDIVISION 2' 20' WATER MAIN '- - - -4. . . EASEMENT. - 1§2.42 - - - - - 1- SOO'2? 38 W 589'29'59 ~ - - - - - I 20.00 --- &- 15 0 ULLLL' ~ 30 ¡:/. , 'LLILIILIIII' SCALE IN FEET N89-29'59"W 182.50' POINT OF COMMENCEMENT AND POINT OF BEGINNING Legend 0 WITNESS CORNER SIB-INCH STEEL PIN CALC'O POINT PROPERTY LINE - - - - - - - - - - - - - EASEMENT LINE RIGHT-OF-WAY LINE £. WATER MAIN EASEMENT EXHIBIT "B" ROYLANCE AND ASSOCIATES PA Engineers Surveyors Londplanners ~1E 391 W State Street Suite E Eagle Idaho 83616 05/12/05 Phone (208) 939-2824 Fax (208) 939-2855 GRW X: \Projeds\Benchmork\2607\Drawings\Exh!bits\Woter Esmt Exhìbit.dwg 6/8/2005 10: 18: 43 AM MDT