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Water Main Easement with SJL, LLC for Yankee Warehouse ." _:~., --"-~ -, ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12/23/05 10:14 AM DEPUTY Patti Thompson RECORDED - REQUEST OF City of Meridian AMOUNT .00 6 1111111111111111111111111111111111111 105195840 .-.-.""",---------' WATER MAIN EASEMENT TIllS INDENTURE, made this 16 day ofN ov . . 20 05between S JL I 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; WITNESSE1H: 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 EXIUBIT A and B) The easement hereby granted is for the pmpose 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 1Ì'ee 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, peñomring 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. TIIE 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 pmposes 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 an~ easement hereby granted which lies within such boundary thereof or which is a part thereat: shall cease and become null and void and of no further effeCt and shall be completely relinquished. Water Main Easement oJL EASMT WTRl' Pap .' -,',-,~-'" - , 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 ail persons whomsoever. IN WTINES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SJL, LLC ~n~~ Secretary On this yof ' . 20---, before me, the undersigned, a Notary Public in and for said State, p nally appeared' and . known 0 . entified to me to .be the~" ~:::~--'\ ,,- c'~-. _..,-,,-~-. ,--~ --. ,." -i~~)"'~--,,: , 1 that executed the . instrument, and acknowledged to me witt such corporation executed the same. ' (SEAL) IN WITNESS WHEREOF, I have hereunto setm fist above written. d and affixed my official seal the day and year NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: Water Maw. Easement EASMT WTR. PBFrl nf~- ~ . '" STATE OF IDAHO ) )ss ) County of ADA On this 16th day of November, 2005, before me, the undersigned Notary Public for the state of Idaho, personally appeared LINDA L. YANKE, Managing Member of SJL, LLC, an Idaho limited liability company, the limited liability company which executed the foregoing document, known to me or identified to me to be the person whose name is subscribed to the foregoing, and acknowledged to me that he executed the same for and on behalf of the limited liability company and in its name. IN WITNESS WHEREOF, I have hereu to day and year first above written. Idaho My commission expires: 7/12/2007 page 3 nf It\ -'" ". -, .. \ _..;'" : -', " ",.,::~--o~"~)'::-: ./1,-. ~, r'~..-' "TDnp"'---.,-- ,: ",. " ,-- - -', --" '6 \:\ -,--- '\ .;r ) ;:.:~::.a.ju : "'P "J / ~ \ <1"' ,.? / ;;:: ~ // ~ ~~. - '1'.. .', ....;.,ç~, ,c-.-<' .,' .- D ;;;' AÞ'- '. ) .',"'. ~ b' -- ;.t' ~ ... s>'t' .. Attest by William G. Ber , Ci Clerk ~>.~~~,;- r~')!JN--'--'î ., " """" Approved By City Council on::'\~ 't ~ ~ 11 j , \ '\ \~ . drffi GRANTEE: CITY OF MERlDIAI\ STATE OF IDAHO, ) : ss. County of Ada ) O'~ -~" -~ On this D day of Û111-1?-ú1 , 20CM-, 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. - . (SEAL) ........ ..!..J\.QN4~.... ..~OT~ .. . , .,1.... . : . . I I . . . . . . . . . . '. " . -~\~ ,. \ ,,/ . 8i11.tit ~~.. ....OF m.-_- ... c?h M tV] $;~(~ NOTARY PUBLIC FOR IDAHO Residing at: v;rzc I b Æ. () d- Commission Expires: 10-/(-1/ Water Main Easement EASMT WIR p~ ASCi -.------.".- ".~ Anderson Survey Group.com EXHIBIT A Legal Description Water Easement A parcel of land situated in the Southwest Quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Quarter Corner common to said Section 12 and Section 13; thence along the Center line of said Section 12, North 00°00'35" West a distance of 1447.51 feet to a point on the South line of the Union Pacific Railroad right of way; thence along said South right of way North 89°06'32" West a distance of 487.28 feet to the TRUE POINT OF BEGINNING; thence leaving said South right of way line South 00°00'00" East a distance of 588.69 feet to a point on the North line of the Taylor Avenue right of way; thence along said North right of way North 89°49'00" West a distance of 20.00 feet; thence leaving said North right of way North 00°00'00" East a distance of 588.95 feet to a point on the South line of the Union Pacific Railroad right of way; thence along said South right of way South 89°03'20" East a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 11,776.4 square feet, or 0.27 acre, more or less. End of Description Project No. 05-161 LANÏlSURVEYI NGS E R VICE S ...... 357 E. Wotertower In., . Suite F, Meridion, 10 83642 P.20B.BBU345 . ~.. ;' :;Y)lIì:r;ii p~5 o~ r-------- ~-'-"-".', .. , I I' I " ,--- ,-"~ , I , I ~ jl ~I-'-"~ ~ I i"~- I~ I " I I \' ':"----- , '1"-'- I I :"""-,, I " I I I I I I I I I I I I I I I i ) , 'L- I ; I I I I ,---"""'- , ,L",.""--,, I : +~---" 4' I 1:::'::1 I i 4' I l --- I I I I I I I I I I I I I I I I I I I I , I I ¡ 1 , , I ',I, ,I i i I ".!-----" , 'C--_m- I , ,-",,- I I 'I"""~- I '1--"-'. I ¡--m.."" I Iii I , ,"",--""""", , I I -t--- I YANKEE WA TER EASEMENT EXHIBIT A N- T.5- 589'06'32"< ~87.ZB" I ~""",,'-', ~ I ~ I "'-- ~ I ~ I """--"">"""""'- ." ""....".,, I -------, I I I I ß\ i ~ I \ ! \ ! ~ I I I I , I I I I I I I I I I I I I I , , I I I I I , I ¡ ¡] !i ¡ ¡ !¡ Ii ;' I! ! I ¡ ¡i II ~¡ . I: ~"'.j.".. Ii 0 I ~"¡ II -~L~, .. ;~:7=:\::~:::f:"::~ pagEL.~.sI . 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