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Mary McPherson Elementary School Addition Water Main Easement No. 1 (2020-040897)Proiect Name (Subdivision): Mary McPherson Elementary School Addition Water Main Easement Number: ' Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional information), ADA COUNTY RECORDER Phil McGrane 2020-040897 BOISE IDAHO Pgs=5 HEATHER LUTHER 04/08/2020 04:43 PM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this 7th day of April 20 20 between West Ada School District ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, 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 GRANTOR covenants and agrees that Grantor 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 GRANTOR covenants and agrees 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 Water Main Easement Version 01/01/2020 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: L STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on l8' O(date) by 0 &tj APP 1ZApea,S (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of w&yA'G* 5C4,(G9L- DISTiz/liT (name of entity on behalf of whom record was executed), in the following representative capacity: 6L2Pf f=4,yTE4-3 D9i-3 T (type of authority such as officer or trustee) (stamp) X Notary Signature ���NII►IIIIINI� My Commission Expires: o2" \\�00���tNEWBp�� c,'�'••' Y PUg•• �� �pMMlSS10N '; • E NiRES 2'1�"�� O; �///I1111111N��� Water Main Easement Meridian City Council Meeting Agenda April 7,2020— Page 161 of 6Yarsion 01/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : SS. County of Ada ) This record was acknowledged before me on 4-7-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2022 My Commission Expires: Water Main Easement Version 01/01/2020 * FOX H M H LAND SURVEYS 1W L engineering EXHIBIT W LEGAL DESCRIPTION CITY OF MERIDIAN FIRE HYDRANT EASEMENT A strip of land 20 feet-wide, within the Southwest Quarter of the Southeast Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho, being a portion of Grantor's parcel(granted under DEED OF GIFT Instrument No. 618487)lying 10 feet left and 10 feet right of the control line more particularly described as follows: COMMENCING at the Southeast Corner of Section 30 monumented by a found Aluminum Cap as shown on Corner Record Instrument No. 1148003640 at the intersection of South Locust Grove Road and East Amity Road, from which the Quarter Corner common to Sections 30 and 31 monumented by a found Brass Cap as shown on Corner Record Instrument No. 114003639 bears South 89°49'22"West, 2639.90 feet. Thence along the section line South 89°49'22"West, 2097.85 feet; Thence North 00°10'38" West, 25.00 feet to the Northerly Right-of-Way for East Amity Road and the POINT OF BEGINNING; Thence North 00°10'38" West, 18.04 feet to the POINT OF TERMINUS. Containing 360 square feet, or 0.008 acres more or less Refer to the attached "EXHIBIT B" Survey Map END OF DESCRIPTION Prepared by: Ronald M. Hodge, PLS Survey Department Manager L � �G1 f FaSG rim Cl- 8575 " 03_1Z` 9TC 0 F \�P �<4` 441 D M. N00 RMH:trc 680 S. Progress Ave., Suite #2®eOdl, -e¢I4",ntdulaai RdadreI7 e34R7&qfsi&&Wb: hmh-Ilc.com Equal Opportunity Employer A W O O W W w O � z fT A N • � Oa Oa— as oa oa oa a I mi- ll, CA I + h t +� r. F..� co - t l> CA . NZ Z� Z— !"'I O O O N O O� O O— F..{ t N � ' �A p_ coO— rt rJ co O - _ Z O CD � oy �: Z � o ®I � I Map ®I I �o� PROFF i � 000 �y c C/) o d N ,� D N Vl y oq p' o wo S_ LOCUST m C31 ��c �' A w N GROVE RD N co 00 � o0 Meridian City Council Meeting Agenda April 7,2020— Page 164 of 660