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Water Main Easement with Wallace, Tim for Park's Westside Body Works (2) ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 08/17105 10:47 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 5 1111111111111111111111111111111111111 105115812 " --"-------"--"-- ".-/ WATER MAIN EASEMENT THIS INDENTURE, made thisau day oÀ. . \. , 2cŒbetwee;JI 1Y\ WcJJttt-L. , the parties of the first part, and hereinafter called the Gr:~d 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 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 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.doc Par ~ ncr 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: ~ Owner r.J~ÇJ STATE OF IDAHO) ) ss County of Ada ) On this ~~ day of ~, 20 c:t>,before me, the undersigned, a Notary Public in and for said State, personally appeared "j 1m W a../la (!. e.. known or identified to me to be the Owner 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 day and year fist above written. ~""IU",,, '-~~ ,#, ....~" -ç...þ.. D Us -k': '" (SE~'" ....""....e j;.J... "" ¡ ..0 .°. ~ ~ .. ~OT AJ? tÞ °. -:. .. . \~ '¡:' 8 .. : . .. .. .. * . -0- II .. : : e*= ". r .. ... :. . ÞUB\..\V: ~ ':0 ",'. ..:: '" v-", .. . 0' :: .... ".. ,,'...... .. "'.. .<J l' ........"e. ~"-'\- .." "" }] OF \\) ........" ," ..." "HIU;U"'. GRANTEE: CITY OF MERIDIAN Water Main Easement EASMT WTR.doc p~d of ~" CITY OF MERIDIAN STATE OF IDAHO, ) : ss. County of Ada, ) On this .).f., fCo--day of ~'A..l~ ,2005, before me, the undersigned, ~ Notary Public in and for the State of Idaho, ersonally appeared Tammy de Weerd and Willilu CAr"- 6-r-ee..... G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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 [lISt above written. -." II""... SEAL !Io'" c.c L ft ..~ 110' ~" . u J.' ~~ "'--." +J'~ . $ V'" ~?\ ¡ I ~OTAI?J-- \ : * : -.- * æ .., ~ - \ -^\ Þ(¡BL \C I * '.." . .. "":?>'. . 01 ;¡O".. '11' "......' ~ 110# "........;/1 0 F lD t:..,... ..."..~.II." ~ S nf5-',: !; -~,.:;- IDAHO SU RVEY GROUP 1450 EastWatertower St. Suite 150 Meridian. Idaho 83642 Ph 0 n e (208) 846-8570 Fax (208) 884-5399 '---",-,-"-,--- Project No. 04-355-01 April 7, 2005 Revised June 6, 2005 Park's Wests ide Body Works Meridian City Water Easement A parcel ofland located in the SW 1/4 of Section 6, T.3N., R.1E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Section 6, from which the South 1/4 corner of said section bears North 88°01' 10" East, 2404.62 feet; Thence North 88°01' 10" East, 1131.59 feet; Thence North 00°21 '46" West, 63.48 feet to a point on the North right-of-way of Fairview Avenue; Thence along said right-of-way South 88°34'57" West, 20.50 feet to the REAL POINT OF BEGINNING. Thence continuing South 88°34'57" West, 41.50 feet; Thence North 00°21 '46" West, 16.00 feet; Thence South 88°34'57" West, 10.50 feet; Thence North 00°21 '46" West, 22.50 feet; Thence North 88°34'57" East, 32.00 feet; Thence North 00°21 '46" West, 57.00 feet; Thence North 88°34'57" East, 40.50 feet; Thence South 00°21 '46" East, 20.00 feet; Thence South 88°34'57" West, 20.50 feet; Thence South 00°21 '46" East, 75.50 to the Point of Beginning. Professional land Surveyors pageß nf 5 ",--" 2: ~ ~ ..... C7 IT\ \Ÿ D ì OJ ,.. .¡:. rj i C> ~ \ ~ 0 -l (f) () :)5 --- 7S'.~' , m. ::E \ ~()(f)z fTlOfTI(f) ()O:;:Ù-l I::U ~> »2~F Zz n>"",~ »-1""';- rfTIN(J1 -or;¡.,i¡r rO~T ~S;ZO (f)-I-T . O~ Z ~-f>.. ::E(f)(f) -"""',fTI O~ ;¡I¡ L- 0 '------- NO 11 IfJC 5lfO 5NOlllfJOl :DIMJ35 ~31 IfM ~ èJ3l>iNI~d5 3~1.:I 3~nln.:l NOI1'v':)Ol mMOd 3NOHd3l31 3~m( [J os ,I 5"7 - - -- d3- NCD Q;G5 r'lq "--1 þ- -;::0 ;::Ol'l :-S:;