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Water Main Easement with Meridian Joint School District No. 2 for Parkside Creek°60?0? `f WATER MAIN EASEMENT ~;_ . ' H ; i;;, '3l.'iJr ii THIS INDENTURE, made this ~ day of Aua. , 19 96 between Meridian Joint School District I~~. the parties of the first part, and hereinafter called the Grantors, and the City of Meridians A~~Cou ~ 2 Idaho, the party of the second part, and hereinafter called the Grantee; ' 9 6 ~ ~ ~ 2 J ~~~ WITNESSETH: ~~~~"-~ "`'~'- REC tr ~:~~ ~ ~. ,'~'; '~S7 OF 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 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 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition compazable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent 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 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 lawful claims of all persons whomsoever. WATER LINE EASEMENT, Page I IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and yeaz first hereinabove written. °~ Secretary . (/ ~ STATE OF IDAHO ) ss County of Ada ) On this ~_ day of /a,,~4 tis ~ , 19~, before me, the undersigned, a Notary Public in and for said. State, personally appeared _ ~"~ ;,,,, C0.,~~s,h.,- and known or identified to me to be the 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 yeaz fist above written. ., ~~."~~ . ~'x~ ~~:~ ~. l - `" h ` ~ ~~ ~,~"~~. .. .. e t ~~~~ ~~ ~J NOTARY PUBLIC FOR AHO Residing at ~~ < <e Commission Expires: y /~ y / Yea WATER LINE EASEMENT, Page 2 NN H ~v iP\ 920 SURVE~OQ RUBBLE ENGINEERING, INC. EXHIBIT B 9550 Bethel Court ^ Boise, Idaho 83709 Project No. 96124 DESCRIPTION FOR MERIDIAN WATER SERVICE EASEMENT MERIDIAN ELEMENTARY SCHOOL -ONE MERIDIAN JOINT SCHOOL DISTRICT N0.2 July 23, 1996 A 20.00-foot wide water line easement being 10.00 feet to the right and 10.00 feet to the left of the following described centerline located in Lot 33, Block 3, Rod's Parkside Creek Subdivision No. 4 as filed in Book 65 of Plats at Pages 6715 through 6717, records of Ada County, Idaho and the SE1/4 of the NE1/4 of Section 10, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho, said centerline being more particularly described as follows: Commencing at a brass cap monument marking the N1/16 corner common to said Section 10 and Section 11, T.3N., R.1W., B.M., from which the Northeast corner of said Section 10 bears North 00°00'05" East, 1328.44 feet; thence along the Southerly boundary line of said Rod's Parkside Creek Subdivision No. 4 North 89°38'33" West, 983.19 feet; thence leaving said Southerly boundary line North 00°12'39" West, 180.44 feet; thence North 17°53'30" East, 208.71 feet to a point on the Southwesterly right-of-way line of West Park Creek Drive, said point also being the REAL POINT OF BEGINNING; thence 10.00 feet to the right and 10.00 feet to the left of the following described centerline: South 17°53'30" West, 208.71 feet; thence South 00°12'39" East, 195.22 feet; thence North 90°00'00" West, 53.30 feet; thence South 90°00'00" East, 53.30 feet; thence South 00°12'39" East, 104.31 feet; thence South 90°00'00" East, 138.10 feet; thence South 45°00'00" East, 126.59 feet; thence South 00°00'00" East, 107.11 feet; thence North 90°00'00" West, 23.13 feet; thence South 90°00'00" East, 23.13 feet; thence South 00°00'00" East, 113.59 feet; 208/322-8992 ^ Fax 2081378-0329 Page 1 thence South 45°00'00" West, 224.27 feet; thence North 90°00'00" West, 132.37 feet; thence North 00°00'00" West, 22.70 feet; thence South 00°00'00" East, 22.70 feet; thence North 90°00'00" West, 30.65 feet; thence North 45°00'00" West, 240.80 feet; thence North 00°00'00" West, 132.35 feet; thence South 90°00'00" East, 20.50 feet; thence North 90°00'00" West, 20.50 feet; thence North 00°00'00" West, 7.97 feet; thence North 45°00'00" East, 223.74 feet; thence South 90°00'00" East, 106.50 feet to the terminus of said easement, containing 43,210 square feet, more or less. The side lines of said easement are to be lengthened or shortened to form a continuous 20.00-foot wide strip of land. Prepared by: NUBBLE ENGINEERING, INC. T ~ ~~~~~ `~t- a,, cP Gregory G. Carter, P.L.S. GGC/bh/1359.des Page 2