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Water Line Easement with Leavell, William D. and Lucile M. for Hunter's Glen Apartments~+ ~ , WATER LINE EASEMENT TO CITY OF MERIDIAN THIS INDENTURE, made this ZZ day of ~p'fe~nn~r 199 3, between William D. Leavell and Lucile M. Leavell, husband and wife, the party of the first part, and hereinafter called the grantor and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee: WITNESSETH WHEREAS, the Grantor desires to provide a water line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water line line is to be provided through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and serve said pipeline from time to time by the Grantee; ~~ a NOW THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration the Grantor does hereby give, grant and convey ~ unto the Grantee the right-of-way for an easement for the operation and maintenance of a , ;ors water line over and across the following described property: ' A 20 foot wide strip of land for the purpose of maintaining, repairing and operating an underground water line located in a portion of the E1/2 of the NW1/4 of Section 7, T.3N., R.lE., Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap marking the center 1/4 of said Section 7; thence North 00°07'58" East, 1294.00 along the north-south centerline of section 7; thence South 89°09'28" West, 324.31 feet to the True Point Of Beginning of a 20 foot wide strip of land the centerline of which is described as follows: thence North 00°07'58" East, 30.23 feet; thence North 89°12'53" East, 33.51 feet; thence South 89°12'53" West, 33.51 feet; thence North 00°07'58" East, 7.10 feet; ::~~i32`t9 ..;~ (' ~ ~ ~~,~ ~ECOR~~_ , ~~r ~~eo Water Line Easement City of Meridian thence South 89°52'02" East, 11.93 feet; thence North 89°52'02" West, 11.93 feet; thence North 00°07'58" East, 48.90 feet; thence North 89°52'02" West, 31.81 feet; thence South 89°52'02" East, 31.81 feet; thence North 00°07'58" East, 25.69 feet; thence North 67°22'02" West, 6.90 feet; thence North 83°59'51" East, 22.61 feet; thence South 89°59'51" West, 22.61 feet; thence North 67°22'02" West, 66.92 feet; thence North 22°22'02" West, 29.42 feet; thence North 67°37'58" East, 9.37 feet; thence South 67°37'58" West, 9.37 feet; thence North 22°22'02" East, 31.29 feet; thence North 00°07'58" East, 1.23 feet; thence North 89°52'02" West, 49.24 feet; thence South 89°52'02" Eeast, 49.24 feet; thence North 00°07'58" East, 72.85 feet; thence North 89°52'02" West, 49.94 feet; thence South 89°52'02" East, 49.94 feet; thence North 00°07'58" East, 6.96 feet; Water Line Easement Page 2 City of Meridian .` thence South 89°52'02" East, 54.91 feet; thence South 00°07'58" West, 12.54 feet; thence North 00°07'58" East, 12.54 feet; thence South 89°52'02" East, 29.50 feet; thence North 00°07'58" East, 27.56 feet; thence South 00°07'58" West, 27.56 feet; thence South 89°52'02" East, 37.89 feet; thence South 54°01'54" East, 10.11 feet; thence North 44°58'06" East, 51.30 feet; thence South 44°58'06" West, 51.30 feet; thence South 45°01'54" East, 25.67 feet; thence South 88°29'07" East, 13.09 feet; thence North 88°29'07" West, 13.09 feet; thence South 45°01'54" East, 19.32 feet; thence North 45°01'54" East, 55.09 feet; thence North 89°52'02" West, 122.29 feet; thence North 00°07'58" East, 25.34 feet; thence North 89°52'02" West, 49.94 feet; thence South 89°52'02" East, 49.94 feet; thence North 00°07'58" East, 59.21 feet to the terminus of the centerline of said 20 foot wide strip of land, from which the brass cap marking the center 1/4 of said Section 7 lies South 14°00'14" East, 1702.06 feet. Side lines shortened or lengthened as necessary to form a continuous 20 foot wide strip of land. Water Line Easement Page 3 City of Meridian The easement hereby granted is for the purpose of construction and operation of a water main line and its allied facilities, together with its 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-of--way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee will, in making future repairs, expediently replace and restore the premises to a condition comparable to the existent prior to undertaking such repairs and replacements. However, the grantee will not be responsible for the repairing, replacing or the restoration of any permanent structure, large tree or bush place on the area described for this easement. THE GRANTOR hereby covenants and agrees that they will not place or allow to be placed any permanent structure, large tree or bush on the area described for this easement which would interfere with the use of said described easement for the purposes stated herein. THE GRANTOR does 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. Water Line Easement Page 4 City of Meridian . r~ ~^ ' IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year hereinabove written. 7/ ~ ~`% William D. Leavell Lucile M. Leavell STATE OF IDAHO) ss. COUNTY OF ADA) ON THIS 2Z day of wn~ , 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared William D. Leavell and Lucile M. Leavell, husband and wife, known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. vest, t ~a ~ ~ ' ~ ~ ®'s 4, >>( ~~ L',f'~ A~ 1 _ ~' ~ ®. t~ FC` ~ r ~t?Y 1: ~..` e..4 ~ .,m G o ii `` ~ O ca ~ r ~ F f) ~ 1 !',`~, (~ 'b `~ "' mar O Notary Public for ~ ~cr~o resi8a~rg~~t~a~~:~~'o~~,~° My Commission expires 3 ~ 9~F ~`~'%,'a',+=?'~~ '~w~~a'` sansew.eas Water Line Easement Page 5 City of Meridian