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Water Main Easement with Joint School District No. 2 for Franklin & Lanark 155~- ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 02!06109 12:01 PM DEPUTY Vicki Allen III I'll'I'llllllllll'I~~~~I~~I~ ~~ ~ III RECORDED-REQUEST OF 1 ~3~~ 1 ~ i ~5 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this J day of~. 20~~between.Te -~" S4tao4 ~IsT ~'2 ,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 properly 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 ATTACHED EXIiIBIT 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 adj acent 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 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 boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement MAIN.doc EASMT WTR ~- effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they aze 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 yeaz first herein above written. STATE OF IDAHO ) ss County of Ada ) On this 1rJ' '~^ day of 1 20~ before me the undersigned, a Notary Public in and for said State, personally ap eazed ~I~I,VI VuI"~~'bHe-{- and y~,yle jZ', ~ ,known or identified to me to be the person(s) that executed the within instrument, and acknowledged to me that he (she) (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 0.••'1p, A. DU''•~. . ~' * ~~+ •r pUg~,1G •' A''o TE,OF,i9,o~~. Water Main Easement Oar. ~1 NOTARY PUBLIC FOR IDAHO pp ~~ Residing at ~/l.Q.t,S~~`, e~ Commission Expires: -a 7- O `L MAIN.doc EASMT WTR GRANTEE: CITY OF MERIDIAN Tammy de Weerd, Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) ```````ti~~uui~u~r~~~~~~~,,' -. ~o s g~~~ '~ ~' ;, ~ ~ 9 ~3 ,, r ~~,~ . ,,~ . ~P` . ss. County of Ada ) r U., On this °J_ 1 ~ ` day of ~ 20_, before me, the undersigned, a Notary Public in and for said State, personally app ed Tammy de Weerd and Jaycee Holman, 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. •~ . 4,g.-----_.1P,~, (SEAL) : ~, ~O T<q~ .,~ . ; ~ `, • ® e ~ ~ ~ • ~ i ~ ~ i • ~ • j~~~ ~ ~ •~' pF TD ; •• ~i~~~ Water Main Easement EASMT WTR MAIN.doc 4 ~ t ~ WATER MAIN LINE EASEMENT FOR THE CITY OF MERIDIAN, IDAHO An easement for water main line purposes located in the NW 1/a of the SE '/a of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and being 10.00 feet on each side of the following described centerline: Commencing at the southwesterly corner of said SE '/4 from which the norkhwesterly corner of said SE'/a beazs N 0°47'50" E a distance of 2650.82 feet; Thence N 0°47'50" E along the westerly boundary of said SE 1/a a distance of 1258.13 feet; ~. _ _ Thence leaving said westerly boundary S 88°28'29" E a distance of 245.18 feet to the POINT OF BEGINNING; Thence N 0°48'02" E a distance of 65.51 feet to a point; Thence N 89°11'58" W a distance of 40.00 feet to the POINT OF ENDING of this description. This parcel contains 0.05 acres and is subject to any other easements existing or in use. This description was prepazed from record information. Civil Survey Consultants, Incorporated is not responsible for any discrepancies a survey might reveal. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Inc. May 14, 2008 • ~ s s W ti O `\ O .~uMVI' • ^ ~ ~ ~ Q ~ O O ~ ~ ( O ~~ ~ O 4 1 ~ ~ ~, e~ ~ ~ I r-- I - - ~'- v ~ ~ a ~Q ~ ~ ~ z O Q w ~~ AWE yoro ~ ~ h N ~ ~~ °otiq q W ~v ~'~~ W W V ~~ F' ~i q ~qW ~, O N N ~ ~~ ~ O ~ N ~ ~ ti~ ~ ~ ~ ~ ~ ~ ' ' ~ ~~ ,69 Z6f t ~„OS,Lf~.O N ~£'t'BSZt ~,~OS,Lz~.O N w ~ W w ~ ' C•., ~, o ~ , Z8 OS 9Z ~ „ OS, Li~.O N ~o~ w ti ~ ~ ~ W ~ O N ~ ' ~ `' 0 O z ' J ill W v cv Y O o ~, °o rn 00 II ~ .~ ~ o o w J Q U O ~ ~ ~ O • ~ ~