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Water Main Easement with Rosario Place, LLP for Petra Office ,.,of. ADA COUNTY RECORDER J, DAVID NAVARRO AMOUNT 00 5 BOISE IDAHO 07/13/06 01:4B PM . ~~b~~~E~~~~~~~~r8F 1111111111111111111111111111111111111 City 01 Meridian 1136111625 -----~- ~~.~- W A TF,R MAIN F,ASEMENT TillS INDENTURE, made this Ii- day of~ 200 b hetween ~"o-IUqj~e parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Id ho, 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 ofthe 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 A 1'1' 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 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 descrihed in this easement that WllS 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 buundary tlH;:reuf ur whid. b a part thereuf, shall l,;ease and bewme null and void and of no further effect and shall be completely relinquished. Water Main Easement Petra EASMT WTR MAIN.doc - - ;age-LoQ "i ~. 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: ~"- ~ SecFetllry ~4 STATE OF IDAHO) ) ss County of Ada ) On this /5 day of ~, before me, th undersigned, a Notary Public in and for said State, persona and , known or identified to me 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 my hand and affixed my official seal the day and year fist above written. ~ POPE " NOTARY PUBLIC STATE OF IDAHO - "1"...... Water Main Easement Petra EASMT WTR MAIN.doc - -- ~ c:: Page .- of .~ GRANTEE: CITY OF MERIDIAN Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) On this i o-fh day of ~(..~ ' 2ocG, before me, the undersigned, a Notary Public in and for said State, personally appt! red 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 tu lIIe that the City ufMeridiall exel,;uted the sallie. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) S [1.iX'1i/t1.. ~1/{J~~~.) NOTARY PUBLIC FOR IDAHO Residing at: n LL t{J A dol Commission Expires: / (!.~ () - (( Water Main Easement Petra EASMT WTR MAIN. doc - - p~~~ 0&' 4 TEALEY'S LAND SU RVEYING 2501 Bogus Basin Rd. .. Boise, Iclario 83702 (208) 385-0636 Fax (208) 385-0696 Project No.: 2983 Date: June 7, 2006 EXHIBIT "A" DESCRIPTION OF MERIDIAN WATER LINE EASEMENT FOR PETRA OFFICE BUILDING A parcel of land being a portion of Lots 4 and 5 of Block 2 of Gemtone Center NO.2 as on file in Book 74 of Plats at Pages 7664 and 7665 in the Office of the Recorder for Ada County, Idaho, said parcel being situated in the NE 1/4 of Section 8, T.3N., R.1E., 8.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Southeast corner of said Lot 4; thence along the South line of said Lot 4 North 89035'15" West 67.42 feet to the POINT OF BEGINNING; thence continuing along said South line North 89035'15" West 20.00 feet to a point; thence leaving said South line North 00024'27" East 84.81 feet to a point; thence North 45000'00" East 24.06 feet to a point; thence at right angles North 45000'00" West 5.00 feet to a point; thence at right angles North 45000'00" East 15.00 feet to a point on a curve on the Easterly boundary of said Lot 5; thence along the Easterly boundaries of said Lot 5 and said Lot 4 along the arc of a curve to the left having a radius of 65.00 feet, a central angle of 22059'22", a length of 26.08 feet and a long chord that bears South 29048'02" East 25.91 feet to a point; thence leaving said Easterly boundary of Lot 4 South 45000'00" West 24.07 feet to a point; thence South Oo024'2T'. vyest 76.61 feet to the POINT OF BEGINNING; , L.. ,", -"I ,. Xl 2983-Water-Ease-desc.doc . dnm paga 4 of 5 EXHIBIT "B" WATER LINE EASEMENT EXI--lIBIT FOR PETRA OFFICE BUILDING LOTS 4 & 5, BLOCK 2, GEMTON[ Ct::NTER No. 2. THE NE 1/4, SECT. 8, T.3N, R.IE., B_M., MERIDIAN, ADA COUNTY, IDAHO .N o I 20 40 I I SCALE IN FEET I" '" 40' 80 I JL lr CURVE G-I 2!J ,,~ , L-- BEARING CHORD s 29'48'02" E: 25.91' ~-I I -H I I J -j .. ---j .......! , f--" DEVELOPER/OWNER: PETRA, INC c./o JERRY FRANK 9056 W. BLACKEAGLE DR. BOISE. ID 83709 29f1:l--drn.dwrJ 06---0'1..-06 12: 04: 2l) d,-na,'ks ZI I I Page .~ nQ