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Water Main Easement with Tamura, Douglas for Grace at Fairview Lakes, LLC ADA COUNTY RECORDER J, DAVID NAVARRO BOISE IDAHO 09/23/05 01:37 PM DEPUTY Vicki Allen RECORDED - REQUEST OF Meridian City AMOUNT .00 6 III 11111111 II 111111111111111111111111 105139580 '- -"",,--,-, ---,,- ./ -- WATER MAIN EASEMENT THIS INDENTURE, made this - day of _,2O_between , the parties of the fITst 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 ATTACHED EXHffiITS A, B, and C) 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 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 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 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 - pag~ 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 fITst part have hereunto subscribed their signatures the day and year fITst herein above written. County of Ada STATE OF IDAHO) ) ss ) On this I '5'- day of ,j ~ ""-L ,20 ~before me, the undersigned, a Notary Public in and for said State, personally appeared ~'\.;..,e \a...~TQ...VY\.u ý'Q.... and , known or identified to me to be ~e President and Secretary, respectively, 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 y hand and affixed my official seal the day and year fist above written. ) ., (SEAL) h1~~~\)C~ ~OT ÁR)V -:;o~i ~;! ff ~. ¡A'", -)11' Resldmg ~({s ~ ~/D , , ff :' ~\:) I(.J- "," ~ Commission Expires: !C:/3!tJ? ~:, - .: ~ .ft' ",.0 CJ. fj (', '" US\-\ .. Ii' (t, ' " , , " '0 ¿1 \l), t5'l"A.; . . " . '("', >r'f. ,!of' -\\t~' E Of \v---.:'" ~~~'"S--<,.-o- -,.- GRANTEE: CITY OF MERIDIAN Water Main Easement EASMT WTR"DOC Page~ - Approved By City Council On: "'" ~", """ . '!I"'" ""'"", """,,\, STATE OF IDAHO, ) : ss. County of Ada I+k ~". On this (0 day of Pf~ ber , 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 fITSt above written. (SEAL) .."""""" ,,- CE L '##.. "" ~\ . J" #.. .t ";-:'" """....+.;.: ""\ i " ~ II! ! , ~OTAh \~ \ .. * . '<f:J... '!! . ! . ;¡ : ¡ -'- : * : : './J ': \w'" C1BLIC... ¡ " :;> .. .": ~.., '. .. 0 ,.. #". l:it ..,..., ~ .," #""" 0 F H> þ.. .. "", """"'11""'" ,g~ Water Main Easement EASMT WTRDOC page (~ 0& RS[¡A ---^---"~---,,--~ ... Anderson Survey Group"corn T ,. EXHIBIT A LEGAL DESCRIPTION for FAIR VIEW LAKES.. WA TER EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section corner common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641.06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 706.13 feet; thence leaving said West line South 90°00'00" East along the North line of Devon Park Subdivision No.1, a distance of 372.78 feet to a point on a non tangent curve; thence on said non-tangent curve to the right, having a radius of 20.00 feet, 1.95 feet along the arc of said curve, through a central angle of 05°34'54", the long chord of which bears North 02°47'27" West a distance of 1.95 feet; thence North 00°00'00" East a distance of 268.05 feet; thence North 90°00'00" East a distance of 37.99 feet; thence North 00°00'00" East a distance of 45.55 feet; thence North 00°00'00" East a distance of 23.05 feet; thence South 81 °06'38" East a distance of29,90 feet to the REAL POINT OF BEGINNING; thence North 45°00'00" West a distance of 33.94 feet; thence South 81 °06'38" East a distance of 75.11 feet; thence South 89°53'08" East a distance of 145.12 feet; thence South 00°23'27"- West a distance of 20.00 feet; thence North 89°53'08" West a distance of 146.56 feet; thence North 81 °06'38" West a distance of 49.23 feet to the Real Point of Beginning. '^^, "-' Said Strip contains 4,160 square feet, more or less. Project No. 03-150 June 8, 2005 D SURVEYING SERVICES LAN 357 E. Watertower In-. . Suite F, Meridian, 10 83642 P.208.888,,7345. F_20ll.filJ8,n51 .' ~ \ lo . page~--Of RS[i. ... Anderson Survey Group"com 'If EXHIBIT B LEGAL DESCRIPTION for FAIRVIEW LAKES- FIRE HYDRANT EASEMENT A strip of land situated in the Southwest Quarter of the Southeast Quarter of Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a point marking the Quarter corner common to Sections 6 and 7, Township 3 North, Range 1 East, of the Boise Meridian from which the Section corner common to Sections 5, 6, 7 and 8 in said township and range bears South 89°28'06" East a distance of 2641.06 feet; thence from said point North 00°20'01" East along the West line of said Southeast Quarter of said Section 6, a distance of 976.13 feet; thence leaving said West line, South 90°00'00" East along the North line of Lot 3, Block 1 of Devon Park Subdivision No.2, a distance of 152.23 feet to a point; thence leaving said North line North 00°20'01" East a distance of 45.00 feet to a point on the east side of an existing 20.00 feet wide sewer and water easement located in Lot 4, Block 1 of said Devon Park Subdivision No.2, said point being the Real Point of Beginning; thence North 90°00'00" West a distance of 21.41 feet; ; thence South 90°00'00" West a distance of 16.50 feet; thence North 90°00'00" West å distance of 28.02 feet; thence North 90°00'00" East a distance of 36.50 feet; thence South 90°00'00" East a distance of 49.55 feet to a point on said easement line; thence South 00°20'01" West a distance of 20.00 feet along said easement line to the Point of Beginning. Said Strip contains 1 ,452.1 square feet, more or less, Project No. 03-150 June 21, 2005 LAND SURVEYING SERVICES 357 L Watertower In., . Suite F. Meridian, ID B3642 P.2DB_BBB.7345. F.208.888735/1 p~ap.lotla- U8 ~I f '1° °r¡:778 , --- -= -=- -- ~ ~"-" 0.) u,,- IT b;X::;- -~ =-=- -1- -= -=-. -- ~-- -=-'=-=. ~-- = -=- -- ~-- -=- - :11: ci t5 I I I~ r--- ~ I I I FAIRVIEW LAKES. l"tõ,~ ).00' ,~ I I I EASEMENTS AT WATER MAIN AND l¡:gl~ - - ¡¡I FIRE HYDRANT 1-18 I ----r------1+-20.00' SEWER/WATER EASEMENT ~ 1 I:'::: LOT 1 I I '2:1 I~ DEEDED TO ACHD 1/ \ LJ I ",I ~I I~ INSTRUMENT NO,102127142 ~ " I r---I ""I I"" LOT 4 I ~: ~ I ,lu I I_lu BLOCK 1 1------ " lu I ~ II}::; I ~I ~I l~ I ~~o 1° ~I ~I ¿SZ :1;1 °1 I /Tl "" ¿I II ~ / lul I I ( I ~I I, ~ II -¡; I .. 70.09 1-1 . APPROXIMATE CEN TERLINE I I >'J DRAINAGE EASEMfNT I ~ / Or JACKSON DRAiN I I ~I I £/ EXHIBIT 'B' ~ (TO BE VACATED) . I I I , , I ¡ 49.55' I I! ¡30.50' SEWER/WATER EASEMENT ~ EXHIBIT A .1590'00'0 )¿~ .llimJ~~.- .:-:._c-ca: .-.... a- 2;.Or ~,." . ¡- - ~I -, --I' O~ ~ N90'OÓ'00"W N90'O0'00"W ~ I ~ ~I ¡s I g ~ . " '-.1 L-20' SElIERjWA ÆR fASEMfNT - - -1- 45.00'-------: - - ~- - - - - - - ~ - - - ~g "- - ~ ~ - - - ~ = ~..!!ISTlIIG SEI\£RjWAÆR fASfMWT - - - J á NOO'OO'OO"[ ~ Q 110.00' ~ <': S90UO'Oq"[. - - - - . ~ . . T I 137.99 1------ ~ E, CL STf LOT 10' FOOT UTILITY EI LOT SOO'23'27"W 2, I) LOT 11 10' iRRIGA nON I LO T 10 EASEMENT---- ---- ~T9 " 1 LOT ~¡ f !~ ç: