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Water Main Easement with DeMeyer Properties, LLC for DeMeyer Furniture ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 06/27/05 03:08 PM DEPUTY Vicki Allen IIIIIIIIIII!IIIIIIIIIII!IIIIIIIIIIIII RECORDED - REQUEST OF 1 C"15084595 Meridian City - AMOUNT .00 5 '------..-----------"--- ---.--' WATER MAIN EASEMENT THIS INDENTURE, made this 17th day of May, 2005 between DeMeyer Properties, LLC_, 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 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 EXHffiIT 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 VE 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 ofthe 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 ofthis 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. 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. Water Main Easement EASMT WTR , - £~~. p~ THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, 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: DeMEYER PROPERTIES, LLC ~~ 5:?~ - STATE OF IDAHO) ) ss County of Ada ) On this 17TH day of May, 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Raymond DeMeyer known or identified to me to be the Manager, respectively, of the entity 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 day and year fist above written. ~lÙtÅ~ NOT Y PUBLIC FOR HO Residing at -1f tlm.. ~tì. :CD Commission Expires: Î~d -?D .? Water Main Easement EASMT WT~ - c:::: Pagp. n~ GRANTEE: CITY OF MERIDIAN "':".,,.., ,_.,-....~-:_"',,- Approved By City Council On: STATE OF IDAHO, ) : ss. ) -,..¡. j\.. } ;;¿ 0 0 5 On this I' day of (' (.tV\. e..- . JGe+; 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, ofthe City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. County of Ada IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fIrst above written. ..........., ,,' ¡, L. SAt}').,,- ,4: ~C...,,--...!...}~ "" 'OJ "'C' .- --." ¡""l ~o'tARy \ '\ : :.- .*: : . --- : - :1<\ G .- : O'.. '\ ';, ". PU'B\.. lo! .."~ ':'> :- ".. 4-, ,.~ O'O' .. '" "O' I' ~"w"""..- V, ",'" "' ,-"t- \'Y"'" '.. 1'1:;, l'l ò'" ..". '..i'" h...... (SEAL) "-¡¿ Water Main Easement EASMT WTR ~ nf 5 Page \ " v ALLE! mu~~ ~ CIVIL AND STRUCTURAL E:NGINJ::J::RI.VG ., ., E$..\-\\ß\T A. Waterline Easement Demeyer Furniture Site For the City of Meridian Job No. 04092 May 5, 2005 land in the SW1/4 of Section 9, T3N, R1E, 8,M., City of Meridian, Ada County, Idaho, described as follows: COMMENCING at the Southwest Corner of said Section 9; thence, along the South Line of said Section, North 89°11 '46" East, 1107.19 teet, to a point on the easterly right-ot-way of North Gaudians Ave., extended to said Section Line; thence, along said extended right-of-way, North 06°55'12" West, 64.97 feet to a 5/8 inch rebar with an orange plastic cap marked "NEI, PLS 10782"'; thence along the easterly right~of-way of North Gaudians Ave., North 06°55'12" West, 179.96 feet to the POINT OF BEGINNING; thence continuing along said right-af-way, North 06°55'12" West, 25.00 feet; thence North 83° 11'46" East, 97.05 feet; thence South 06°48'14" East, 25.00 feet; thence South 83°11'46" West, 97.00 feet to the POINT OF BEGINNING; Containing 2.425 square feet, more or less. - I - PWanAuker\O4092-Topo by RC Willey\Drawings\Survey\O4902desc\Waterline Easement-DOC Trcnsnrr Vò1!ky En~i( c(T~~. Inc. 5680 f~ Franklin R(L ~l1itc 220 !\amn" ],-!:\l1n inMii ()íTjcc C()~ii 463.()3Ü:, Fax: (2(~6,~ c::::. "\"'-'\\,'--¡";""'I""'I"(,,\/,"I--,'\'.--P'.. .'..'"",,,,'1....) ,,\ , . c. .'" , '" L .~. -N.T.S C3 < gi , ~I LSj EXHIB IT "B " Waterline Easement For the City of Meridian \ \ \ J ",\ ~\ \ 29' \ .9' \ I \ ~\~ "'------ ~\~ __..__L--:~:~::- 1107.19' \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ I \ I L ----~ art' i 9 .......",...."..".-......"......,..,..,----...,............-...-.......,/1,,""----....-..... ..._-----;'; ';6, NB91t'46-E .. SEC]ON CORNER : FOUND BRASS CAP CP&:F NO. 99007475 T3N, R1E, BM , \ - E 97.05' -lV'J t _~3il'~ - -- - ';J.\~ 0 aI. I-) 2 4"" ", ,.", :í 0 .... !J1 .. ù_, C"!.,, ,.. J ./>0. ,8 - - fT\ . - - - ~ 00' ~ - 5 éíi"" ,VI 9 . \ ~P.O.B. , , \ , , ~\..Jo 0'1 ....I ÚI ~ 1J!.\2 .... v~ \'.J~ , ~\ Ð . t"..\)~ ~'" J (." OX _.;I.Cì Q ,{¡o> cp'f- D'"J'P ~~ Q ~o. , \ \ , , ~, "y~ TREASURE VALLEY ENCfNEERS, fNC. 5680 E. FRANKLIN RD. SUITE 220 NAMPA. IDAHO 83687 (208) 463-0305 FAX (208) 463-4391 mai/@TreasureVa/leyEngineers.com CIVIL/STRUCTURAL ENGINEERING LAND SURVEYING VISIT OUR WEB SITE: www. Treasure Va lleyEngin eers- com """ ~ M M to -< ""'" c;.:¡ ~ c:::¡ p ., ., age.