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Water Main Easement with Pioneer Meridian Group, LLC for Pioneer Building 2 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 11/21/05 12:06 PM ~~~~~ÓE~~~~d~~~T OF III 111/1111 II 1111111111111111 11111111 Meridian City 105177032 AMOUNT .00 6 "-- '--.. WATER MAIN EASEMENT TIllS INDENTURE, made this -1L day of October_, 20~between Pioneer Meridian Group, LLc., the parties of the first 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, main 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 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 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 ofthe 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 Water Service Easement Page 1 EASMT - WTR.doc PIONEER- Page ðtJ¿: 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 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~L/ Pioneer Meridian Group, LLC by Managing Member Pioneer Title Company of Ada County Tim Bundgard, President STATE OF IDAHO) ) ss County of Ada) On this /} 1 day Of~, 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared Tim Bundgard , known or identified to me to be the President, ofthe 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. DENICE ß" THORNTON NOTAHY PUBLIC ST/-'\fE <J(= iDAHO ....,..,.-.¡r NOTARY p~c FOR IDAHO :kv Residing at ~ V h ,fh fA vi "- Commission' Expires: GRANTEE: CITY OF MERIDIAN ReSldr?g io: Meridian, Idaho Com/tWIg/on Expires: 08.03-2010 --'---- Water Service Easement Page 2 EASMT - WTRdoc PIONEER- p~~ nf~Ð Attest by William G. Berg, ity Approved By City Council On: Water Service Easement Page 3 EASMT-WTR.doc PIONEER- ~ STATE OF IDAHO, ) . ss. County of Ada ) On this l1~~ of~Uûy\'tbvu , 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 first above written. (SEAL) ~...~u~.... . ¡)CQ .. l~ ...OT4t"þ~ .\ . : I . . I I . . I I . . , , . . " l . .~'~- t. , .'. 'if; .. . ltsr. 3h OJ) dYì ~~~ NOTARY PUBLIC FOR IDAHO RESIDING AT: inti \-:70. Jo{ MY COMMISSION EXPIRES: /0-/5'-(( Pagi 1.\- ~ lL. TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. . Boise, Idaho 83702 (208) 385-0636 ' Fax (208) 385-0696 Project No.: 276~2 Date: OctobE1r 25. 2005 EXHIBIT "A" DESCRI PTION OF CITY OF MERIDIAN WATERLINE EASEMENT FOR PIONEER BUILDING 2 A parcel of land being a portion of Parcel "J-2" as shown on Record of Survey No. 6646, on file under Instrument No. 104126353 in the Office of the Ada County Recorder and situated in the NW 114 of Section 21, T.3N., R1E, 8.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southwest corner of said Parcel .. J-2"; thence along the West line of said Parcel "J-2" North 00°14'50" East 248.77 feet to the POINT OF BEGINNING; thence continuing . North 00°14'50" East 20.00 feet to a point; thence leaving said West line at I right angles South 89°45'10" East 65.09 feet to a. point; thence at right angles South 00°14'50" West63;59 feet to a point; thence South 89°51'40" East 179.34 feetto a point; thence at right angles North 00°08'20" Easf15.0Q feet to a point; thence at right angles South 89°51 '40""Eàst20:00 feet to a point; thence at right angles South 00°08'20" West 15.00 feet to a point; thence at right angles South 89°51'40" East 8.04 feet to a point; thence at right angles North 00°08'20" East 8.00 f~et,~a point; thence at right angles South 89°51 '40" East 20.00 feet to a point; thence at right angles South 00°08'20" West 8.00 feet to a point; thence at right angles South 89°51'40" East 14.14 feet to a point on the East line of said Parcel"J- 2"; thence along said East line of Parcel "J-2" South 00°14'50" West 20.00 feet to a point; thence leaving said East line North 89°51'40" West 39.87 feet toa point; thence at right angles South 00°08'20" West 32.00 feet to a point; thence at right angles North 89°51'40" West 20.00 feet to a point; thence at right angles North 00°08'20" East 32.00 feet to a point; thence at right angles North 89°51'40" West 201.65 feet toa point; thence North 00°14'50" East 63.63 feet to a point; thence at right angles North 89°45'10" West 45.09 feet to the POINT OF BEGINNING: Said Parcel Contains 8.504 Square Feet, more or less. 2766-2-Water-ease.doc -dnm Page~ i EXHIBIT "B" WATER MAIN .EASEMENT FOR . PIONEER u BUILDING 2 PART OF PARCEl J- 2 OF RO.S. 6646 IN LOTJ6, BLOCK 2, SlLV£RSTON£SUB. No; 3 SITUATED IN nlli£ NW 1/4 OF SECT. 21, 13N., R.1£., 8.~., MERIDIAN, ADA COUNTY, IDAHO. n f I ; It: I~ fCJ\ .,.---"..-.."., ,.......".."",." ""..".."."...". ,n".... ".. "..".. f I ~I PROPOSËD PIONEER BUILDING 2 r "'. -.........."...",. """"""""""1 I I ...... ".. ".....,- 48.00' . .. \\IJ S 89.4'5'JO' Ezr I jl 1-1 UI II ~ " :II II H o~ 'I I I ~~ l' ~f¡ . If\ I \ o-Þ Ii ¡ 0 - II 1 \ z I I N 89.45'10"""- 45.09' ....('1 . 'l! P.O.B. ...,~ ."................... ','1, .'."""',"---.1 I - "- Ir--: IX) ..... N 201.6'5 ' ~, ('. !. ..,- . . ~!N~.T~eLE: ---- I LINE LENGTH BEARING LI 15.00 HOO'06'20' E L2 20.00 589'51'<40' E L3 15.00 S 00'06'20' 'II L4 8.04 5 89 'SI'<40' E LS 8,00 N '00'08'20' E L6 20.00 5 89 '51'40. E L7 8.00 500'06'20' 'II L8 14.14 5 89 '51'40' E SE COR, PARCEL J-2 2!b6-':2-Wç!'Jr,dwg lC-2:;-()5 16: .32: J dmorks