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Water Main Easement with Jericho Properties, LLC for Heritage Auto ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 06/27/05 03:08 PM DEPUTY Vicki Allen RECORDED - REQUEST OF Meridian City AMOUNT .00 5 1111111111111111111111111111111111111 105084596 "-----.-"--.-.-. --- _/ WATER MAIN EASEMENT THIS INDENTURE, made this L day of &, 2°.ð5-between Jericho Properties, L.L.C., the parties of the first part, and hereinafter called the Grantort;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 ofthe 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 rightw 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 VE AND TO HOLD, the said easement and rightwof-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. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the rightwof- 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 Water Main Easement Page 1 WTRdoc 1419 EASMT Page I 015 ~ 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 L day of ~~ ' 20~ before me, the undersigned, a Notary Politic in and for said State, personally appe ed Tony Zanders, known or identified to me to be the Managing Member of Jericho Properties, L.L.C. that executed the within instrument, and acknowledged to me that such corporation executed the same. Mayor J/~Þ~,9- Attest by City Clerk Approved By City Council On: ~ MERIDIAN ~ -"'----," f11 &'G5 Water Main Easement Page 2 WTR.doc 1419 EASMT Pagp, d nf 5 STATE OF IDAHO, ) : 55. County of Ada ) On this ~day of ",,-J UV<.-~- , 2005, before me, the undersigned, a Notary~ 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. (SEAL) ;"""""" tt". c.ß L. S~~"'" t,." A~ .."... './~ .#~ iii ..".'Y".. .. .r;¡.£ "io .: "'"~' .. .. '.¡r ... .. ~I ... : ...\.oT A.R I~.. ':0 .. . '>" .c.. : * : -.- : * : : : : : i \. PUB\.. \G l J .. ,I', . . ..... .. ... V'-, ".. 9 -,,"-' .: 4' ./, ".. .to 'V .. "'f.. <1 '.. """""'.. \»' ~..' #.. 'l:c LJ ' 'v ..'Ii .". ¡ ......-- 0.......... pag~~ nf ~ 05/11/05 WED 12:51 fAX 2083HZ q90Z fodreu Land Surveys ~OO1 Cascade Office PO Box 188 105 N Main Street Cascade, Idaho ,83611 Office: 208-382-4902 Fax: 2O8-382~3410 RennisonFodrea Engineers. SlIrveyars . Planners Ea~le Office 128 5 Eagle Road Suite B Eagle, Idaho 83616 Office: 208-938-2440 Fax: 208-938-2':W1 DATE: 5-10-05 Project No.: 1419 Legal Description For Waterline Easement Exhibit A A waterline easement located ín the SE 1J4 of Section 1], 1. 3 N., R 1 W., Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as foJlows: Commencing at the section corner common to Sections 11, 12, 13, and 14, T. 3 N, R. 1 W., BM. CP.F. Inst 98117244,corner records of said Ada County; Thence a bearing of N 000 31' 41" E, a distance of 574.93 feet on the east boundary of said Section 11to a point; Thence a bearing of N 89" 25' 41" W, a distance of298.28 feet to a point¡'Thence a bearing ofN 000 29' 04" E, a distance of 25.91 feet to the POINT OF BEGINNING: Thence a bearingofN 900 DO' 00" W, a distance of100.57 feet to a point; Thence a bearing,of S 450 00' 00" W, a distance of 27.05 feet to a point; Thence a bearing of N 450 DO' 00" W, a distance of 19.82 feet to a point; Thence a bearing of N 000 00' 00" E, a distance of 13.36 feet to a point; Thence a bearing ofS 900 00' DO" E, a distance of 13.11 feet to a point; Thence a bearing of N 45000' 00" E, a distance of 16.61 feet to a point; Thence a bearing of S 90000' 00" E, a distance of 109.02 feet to a point; Thence a bGlring ofS 00° 29' 04" W, a distance of 20.00 feet to the POINT OF BEGINNING. Said descnbed el\sement contains 0,06 acres more or less. Prepared by Rennison Fodrea, Inc. R:\ ~n;\ 1100\1419 eilSml WiT legal.doc r~). 4 ---pt.5..: N45.00'OO~E J WA TERLINE EASEMENT J I 16,61' "v- SOO'29'O~"W POINT OF BEGINNING 590'00.0.0"( ¿9.Q.1JO'OO"E- - - ~20"00 13,11 - 109.02' . - - - - - - - - - --, NOO.OO'OO"E ~ 13'36.~~ - - -"90~O'O~-W- -~, NO079'O'"' ~EX<STlNG 40' CROSS~ I ~ "Ç- 100,57 : 591' ACCESS EASEMENT ----l ,. /.~45'OO"OO"W ~2"" "'N8°"2S'41"W 29828', '" --- N4S"OO 00 W V , .....- J,- 19 82' 27,05 ..:L' - - - - - - - - - )-~-O---- . - - - - - - j 19.91' 2S.09' N8g.25'41"W I I 0 UI "- >- >- "- 0 UI :r:: t': t; ¡- N UI t\: ... ;;: ;.< "" 0 00 w 00 "" ... <C 0 N t9 11 -0 14 'tOIUONIOL sc.u: IN rEEl ê' Q. ~ g 2~ 12.~ 0 1$ 50 r"-"" , -F' """'-"I-_',c,_A LEG END " r- E; c. BOUNDARY Llr-<E BRASS CAP Sß9"13', B"E v: c - < ~ '< (fO SECTION LINE - - - - - - - - EASEMENT LINE 0 1/2" REBAR 5/B" REBAR 0 ~ p Rennison Fodrea, Inc. WATER LINE EASEMENT EXHIBIT DATE 5,10.05 EXHIBIT Engineers. Surveyors. PJ=ners ~ ,.. .. ..... ....... .... ... 'DO <0..- ,,"'. ...." """" ¡œJo&>'", fo~ "',"',>t'ð ~:r. ":""';' .... ..." . úoI< _. ~" o".~ """""'0 ,.., .....,"""" SITUATED IN THE SOUTHEAST 1/4 OF SECTION 11, T.3N., R.IW., 8.M., MERIDIAN, ADA COUNTY, IDAHO P.N. 1419 B ¡§J 0 0 <:.>