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Water Main Easement with Franklin Stratford Investments, LLC for A-D Development "', - -'- .. ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09/23/05 01:37 PM DEPUTY Vicki Allen RECORDED - REQUEST OF Meridian City AMOUNT .00 5 1111111111111111111111111111111111111 105139581 --~-._,.._.. WATER MAIN EASEMENT F..,&4.-.. lel, ~I $+"'-.:1--1 .{;;.,-¿I THIS INDENTURE, ~ade this QI. ", May of~, lOPS- between l&'1.vc1~""~ ~>t t-ç. /..-J..¿", the parties of the first part, and heremafter 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 constTUcted 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 prope',:y- (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 an times. TO BA VE AND TO !fa! D, th~ said eQ"~mcnt and right~of-way Ull!':; the sl1id Grantee, it's successor" and assigns torever. 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 ofthe 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 rart thereof, shall cease and hecome null and void and of no further effect and shall be completely reiinquished. Water Main Easement EASMT WTR.doc Page .",------- nQ of " 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: AJ At ¿ ~t M.~ þl.Cl.ff r . Secretary "1.~ ;Lç ~ r --r .¿' STATE OF IÐ,\.IID ) ,Mol"':'4f'¿") ss County of 7Wft ) On this a'{£L day of ~~ 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared iZolfJ >/+ ~~)f .-.. - , , known or identified to me to be the ""~ SCG,~tJJ.), fø3~@eti7:li!Ily, of the '-~""It~ J..ldtP.~:.:.~that executed the within instrument, and acknowledged to me that such, el'!;'~'~~^"':"'R.. <""0- ¡kt... executed the same. t...,....., f..tP (..""" b"/'!! IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. . L \'IIIDA SteWART NataJy Public 0 AI'Ir8n8 IIIfII:op8 COUnIr ., CO8JII. .'vI""'" .., " .. N~~~I"-Þ"~ "-'<ill: AL Resldmg at <t.,S'M; B-. t\p...vtFanr*SCö- S<:D'r¡-~.x- / Commission Expires: 5/ Lf( C>~ Water Main Easement EASMT WTR.doc ~CQ nfS _I! ,<~' ..... . .,," GRANTEE: CITY OF MERIDIAN - Approved By City Council On: STATE OF IDAHO, ) : ss. ) / +~ ~ JQo> On this (j) day of .....:>e]>~eM.-b'ty- , 2G64, 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. County of Ada !]\T \PTI',TESS WHEREOF, I have heéunto set rcy h3.r.d and aff1xed my official se:l! ~:",~ ciay a::.d ye~.: f:;-~t above written. (SEAL) "~I """"~ ~", L 1,« ~,~ ~\Cß . S -'-' ..,' ....."- .."-... ..,/~~... .. "'~' . .. .,-~ " .":.. ...ø- ~ : l ~OTA~ I. , :. ~.\: .. * . . - : : -.- : * : .. . - ~ .. PUBL \c. ¡ ¡ ~ ...l" e~ "" ';. ~. ~. ... 0 ~ .'.., "1 r ......... ~ ~., ." Ii' (, ~n ~ "", "',..." ,,- ~'\ k Water Main Easement EASMFWl:1~.un :5 ,~' TEÂLEY'SLAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 Project No.: 2829 Revised: 8/22/05 EXHIBIT A WATER MAIN EASEMENT LEGAL DESCRIPTION A water main easement in Lots 16 & 17, Block 2, Honor Park Subdivision No.3 in the NW 1/4 of Section 18, T.3N., R.1 E., 8.M., Meridian, Ada County, Idaho as filed for record in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho and being more particularly described as follows: BEGINNING at an iron pin marking the southerly corner common to Lots 15 and 16 of said Block 2; thence along the northerly right-of-way line of East Schiller Lane being along the arc of a 52.00 foot radius curve to the left, said curve having a central angle of 20°28'41", an arc length of 18.58 feet and a long chord that bears South 69°57'07" West 18.49 feet; thence leaving said northerly right-ot-way line, North 61 °03'45" West 28.54 feet; thence North 20°13'54" West 124.26 feet; thence South 69°46'06" West 41.99 feet; thence North 20°11 '28" West 10.00 feet; thence North 6~046'O6" East 41.98 feet; thence North 20°13'54" West 55.00 feet; thence North 44°20'13" West 39.97 feet; thence North 21 °33'27" East 124.25 feet; thence North 68°26'33" West 43.92 feet; thence North 21 °32'54" East 10.00 feet; thence South 68°26'33" East 43.92 feet; thence North 21°33'27" East '\9.41 feet; thence North 66°33'27" East 25.65 feet; thence North 21 °33'21" East 87.84 feet to a point on the southerly right-of-way line of East Scenery Lane; thence along said southerly right-of-way line being along the arc of a 52.00 foot radius curve to the left, said curve having a central angle of 22°37'11 ", an arc length of 20.53 feet and a long chord that bears South 57°08'03" East 20.40 feet to an iron pin marking the northerly corner common to Lots 17 and 18, of said Block 2; thence leaving said southerly right-of-way line and along the East line of said Lot 17 South 21 °33'27" West 92.12 feet; thence leaving said East line South 66°33'27" West 25.65 feet; thence South 21°33'27" West 132.41 feet; thence South 44°20'13" East 31.27 feet; thence South 20°13'54" East 186.09 feet; thence , South 61 °03'45" East 26.23 feet to a point on the East line of said Lot 16; thence. South 20°13'54" East 9.25 feet to the POINT OF BEGINNING. '