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Water Main Easement with The Sundance Company for Nature's Child ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 BOISE IDAHO 12/23/05 10:14 AM ~~~~~ÒE~~~~~~~:~03F 1111111111111111111111111111111111111 City 01 Meridian 11215195843 . '-------.-. --.-.---.-- _.- WATER MAIN EASEMENT TillS INDENTURE, made this/'3 day of UCð/r1ry-~ , 20ÐS- between The Sundance Company, the parties ofthe 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 and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grante,e the right-of-way for an easement for the operation and maintenance 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, 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-or-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any pennanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Water Main Easement Page 1 EASMT.WTR.doc CO56079.01 pageLLÌ any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. 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 wil1 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 flfst herein above written. ~ ../ --------"..----- --- .'- .....--------- . ¿/- . Travis Anderson, Vice President Authorized Agent ror Sundance Investment Ltd. Partnership STATE OF IDAHO) ) ss ) I~ ~ -- On this day of . tJ ,2067, before me, the undersigned, a Notary Public in and for said State, personally appeared Travis Anderson, known or identified to me to be the Vice President, respectively, of The Sundance Company that executed the within instrument, and acknowledged to me that such corporation executed the same. County of Ada IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year flfst above written. ~"",., II """" ", G þ... W II. 0 ~.. .' ...:,. v...... "'0 ..~~ .' ... 'ç. .. 'A. ~ 'ð..'" .. ..'Y "'- ~ ~~ . ~ : .Q;-.. O~ A,R. Y'\ \ :"'f::~: .: .. u."'" .' : . : : ' Ç¡. : :. '\: : : ~ \ pu\\Y .. ~ ¡ ~ . ... .... 't" " """ .$'" ........ ,<:> ..,' """" <i TE o~ ,...." """"'11"""" ~~ Pl1~LI~ FO~- IDAHO Residing a&i1lf~~ ~ Commission Expires: +/1//0 , Water Main Easement Page 2 EASMT.WTR.doc CO56079.01 Pagp. Ô) of 5 CITY OF MERIDIAN Approved by Council on : C\G STATE OF IDAHO, ) : ss. County of Ada, ) On this ZZ day of mCt1Y1 b/L.._' ,2005, before me, the undersigned, a Notary Public in and for the State ofIdaho, personally appeared Tammy de Weerd and William 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 first above written. SEAL ........ ..!8..:ßQN.a ... ..~OTd ~~8 . , v ~~ 8 . , -. . ' . . ' , . . , I . . \ : : ~'Å'_- l . iÌj"~~.. . 8'. ft'IP . ()t \' . . 1f- ò r ICU? rr7 ûfl!LJ . ~, Not~ Public for Idah~, ( , » ResHiing at: IY1Á-- h c:t (. ' My Commission Expires: 10 -/ D -( (' 'page ~ n~ EXHffiIT "A" PARCEL C WATER LINE EASEMENT A water line easement located in a portion of Parcel C as shown on Record of Survey Number 6689 and recorded as instrument Number 104142758 in the county recorders office of Ada County, Idaho, and situated in the El/2 of the NWl/4 of Section 21, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at a brass cap monument marking the NW comer or said Section 21, thence along the North line of said Section 21 S89°13 '53"£ a distance of 1332.44 feet to a 5/8 inch rebar marking the NW comer of said E 1/2 from which a brass cap monument marking the NE comer of said El/2 bears S89°14 , 24"E a distance of 1332.53 feet, thence leaving said North line and along the East line of said E1/2 SOQoI3'16"W a distance of 1882.18 feet to a 1/2 inch rebar marking the NW comer of said Parcel C, thence along the North line of said Parcel C N89"58'30"E a distance of 274.89 reet to 1/2 inch rebar; thence S65"23'50"E a distance of7.57 feet to the POINT OF BEGINNING; Thence conti~uing along said North line S65°23'50"E a distance of20.00 reet to a point; Thence leaving said North line S22"30'OO"W a distance of 41.81 feet to a point; Thence SOO"OO'OQ"E a distance of 57.79 feet to a point; Thence S90o00'OO"W a distance or 20.00 feet to a point; Thence NOooOO'OQ"W a distance of61.77 feet to a point; Thence N22°30'OO"E a distance or 46.53 feet to the POINT OF BEGINNING. Said easement contains 2079 square feet more or less and is subject to all existing easements an4 rights-of-ways of record or implied. CO56079.01 water line easement legal Parcel C 092205 kns.doc Page 4 of 5 :'? ~ ::; 13 ~ 0 ~ :f § '" g; ;; ~ :<> s¡! '" m :¡: ~ ~ i B -¡:¡ :3 '" :; w 0 ~ J> ,:¡: i !!' '" ,," ,~ ~ ~ <;1- ~ I .0. "'0 :1' ~ !f m .i: .," ,~ ~ ~ <;1 '" (if [ EXHIBIT B WATER LINE EASEMENT A PORTION OF PARCEL B AS RECORDED ON RECORD OF SURVERY #6689 SITUATED IN THE E 1/2 OF THE NT 1/4 OF SECTION 21 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2005 589'13'53"E 17 16 1332.44 LEGEND PROPERTY BOUNDARY LOT LINE EASEMENT LINE FOUND 5/8" REBAR CALCULATED POINT FOUND 1/2" REBAR PARCEL A ---- ------ @ 0 0 10 IlÎ <D r-- N89'S8'30"E 374.71' SOO.OO'pO"E i25"30~ - - ---:;~~~~~8'7~S' ;;~¡~.~~~_"E- 12~:'~'16"W /"$~//j}; -"'I 2.69' S90'00'00"W S9~~~~~;J~8t 8.75' giN' NOo-OO'OO"W ~gll() I 8.90' NOO.OO'OO"W ~ (I). -I 28.30' J~W (J/ PARCEL B ... I !'.;Z~ I ."5'/:1'jfO '" ¡ ~J (¡¡h'-&þ :;;:y; rt.'j'" '" 0 So .S)' "1 0.00 &. ~ i?7!;] .&1: r t.'i .~I 1;"1 _8 ~r- 81m 0": '0 r-- ~ I"' gl[i zi ¡¡;I 6----ó S90"00'OO"W 20.00' I ~l 3:1~ ~ ¡= 0 VII I _~9'58'30~~74.89'__---_------ in en to ... ~ PARCEL C B-t' $ IJ." ~I 01 u U) N89'S8'3Q"E 268.38' 60 I 0 I 30 I 60 I 120 I CURVE TABLE CURVEILENGTHI RADIUS! DEL TA !TANGENTI CHORD I CHORD BRG CI 110.901 223.00 29'29'05' 56.571 109.66 S14'27'19"" c~ J7.7~1 =.00 5'J7'16. IB.~1I J7.Tl S~5-æ'4J"" C3 124.691 32].29 2\'49'42' 63.1\1 123.93 SI\'O9'59"" SCALE 1" = 60' DErAIL FILENAME: PINN it CLE DRAWN BY: P:\UMl\CO56079\dwg\CO56079 WIR EA5EMENT,dwg MJB CREATION DATE: Engineers, Inc. CHECKED BY: 12552 w. Executive Dr.. Suite B. Baloe. Idaho 09-22-05 9J71J KNS (208) 887-7760 Pap 5 nf5