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Water Main Easement with Sundance Investments Limited Partnership for Taylor Street Friedman Project -!it/~ ~ L 15180004.12 1 WATER MAIN EASEMENT bt~nc~o~.nc.~n ~~,"~"~tm~n~ THIS INDENTURE, made this ~`ciay of ~.~ , 19~between 1,.1~Mi-}'T_c~ Y~.~lY1~C~('~~'li the parties of the first part, and hereinafter called the Grantors, and the City of i<Qeridian, Ada County, "F Idaho, the party of the second part, and hereinafter called the Grantee; 3 WITNESSETH: H WHEREAS, the Grantors desire to provide a water main nght-of--way across the premises O and property hereinafter particularly bounded and described; and WI~REE~S, 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 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 operation and maintenance of a water main over and across the following described property: (SEE ATTACHED "EXHIBIT A") 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 alI 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 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 pennaneat structures, large ~ rees 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 any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said esement, 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 will. warrant and forever defend the title and quiet possession thereof against the lawti~l claims of all persons whomsoever. s WA'IT:R LINL•' GASEhflNT. Pnge ! 191~3t~(3~1~13 IN WITNESS WHEREOF, the said parties of the first. part have hereunto subscrii~ed their signatures the day and year first hereinabove written. S -rr'caiaai it DWn P,~ ~~~ STATE OF IDAHO ) ss County of Ada ) On this l~~' day of ] 9~? before me, the u dersigned, a Notary Public in and for said State, ersonally appeared tJ2y L ~.~ ~- - ~~t'`x~'1 ass~k known or identified to me to be the respectively, of the that executed the within instniment, and acknowledged to me that such r xe ecutec~h~'same. Pc~v~v~~.~-~h; ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ,pe~eeneery,I ~,,~`,~~ ~ Bbl c,~''~,, ~ °~,s - p~'~~q i e o ~ 9~ `~ ,~ ~ ~ ~ e =~ ~~A TAR UB R IDAHO - e yy~,, ''~ ~ `° ~., ~~ ~ .•e °ji~eaneeeN~. Residing at Commission Expires:__ OTT ~ ~v~~~~:x t.r~r: ~ns~~~xr. ~~ag~ z AUG-25-1995 1~~~36 TEALEY'S SURVEYING 1 CALL Y'S LAND SURVEYSI~lG Project No.: 147; EXHIBIT "A" Date: August 23; 1995 DES iipTION O TAYLOR STREET UT7i ITY EASEMENT 1y1~UUU~~1~~ A strip of land varying in width. from 20.00 feet to 26.00 fezt centered on the following described centerline situated in a portion of Futur-Ida Subdivision in the Southeast I/. of Section I2, T.3N., Rl W., Boise Meridian, Ada County, Idaho, more particulazly described as follows: Commencing at a 5/8" iron pin at the intersection of Taylor Street and v~ca.ted Taylor Place; thence South 0°43'47" West 30.00 Feet to a point on the South right-of--way of Taylor Street; thence along said right-of-war South 89°32'40" East 2.00 feet; thence leaving said right-of-wa; and along the centerline of a 26.00 foot wide strip of ground, lying 13.00 feet each side of said centerline .South 0°43'57" West 241.00 feet to a point; thc;nce along the centerline of a ?.0.00 foot wide strip of ground, lying 10.00 feet each side of said centerline South 89°33'18" East 87.22 feet to a point; thence South 0°26'42" Wcst 129.19 feet to the :>'OINT OF ENDING P.02 109 South 4^ Street Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 -r~`t, ~~. TEAti% a506~DaQ _., 191bC1GU411 ,. ~.... J. l)r..... ,.,,'.~...~,~ 30iSE: ~:; FIRST l-NtcKCC.I•~iV Z~ITLE CO. --~ , 95 SEf' t3 fl(' ~' y 1 O'er. FEE ~_...__ .:_ST Of' RECCE?~~ = .. . $I'AT9i fkt Iilij~Q; Ct)UtdTY a3~ ~. LzF~, sc. +tif yttwt tix Ar``~~c~;C e c :~::~~ ,w 1, I. Ault Piwrw4 Recorder for P.dx G3unty, do ~erefy; Paa and ooR.d ooQr of Tex. Ne,. I', . J ~ - ~~<l l ~~ ~CJ _ ~ ..a.p~..~ffi$~ _ _ _ at Papa , ltcoonis of Aaa ^`~oonty, Stst~c of ldphp,' AY V1*T!'N&YS WHEREOF, I have cot my ka of xod my ffiaiaa earl N1it~ wwy+Wr.~~~ dey of 19~, J. AAVID N V , Rero d i3g,, ~ ~~F;y