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Water Main Easement with Holly Properties A. Keith Holloway for Western Pines1 ~ WATER MAIN EASEMENT THIS INDENTURE, made this ~i~ay of .,~i ~, 3 9 f 6 between Holly Properties (A. Keith Hollowav) ,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: WI~EREAS, the Grantor desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for througl't underground pipelines to be constructed by others; and WI~REAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor do hereby give, grant and convey unto the Grantee the right-of--way t'or an easement for the operation and maintenance of water mains over and across the following described property: An easement locates! in the NW 1!4 of the SW 114 of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particuEarly described as follows: Beginning at a brass cap marking the Northwest corner of the NW 1!4 of the SW 1/4 Section 12, T. 3N., R. 1 W., B.M.; thence S 89'30'16" E 661.51 feet along northerly boundary of said NW 1/4 of the SW 1/4 to a point; Thence S 0'30'23" W 30.00 feet to a point on the southerly right-of-way of West Pine Avenue; Thence S 89'30'16" E along said southerly right-of-way of West Pine Avenue 131.58 feet to a point on the centerline of a water line said point being the Beginning Point of the center line of a 20' easement, being the 10 feet on each side of the following described line; Line "A" Thence S 0°29'44" W 97.87 feet to a point; Thence S 28°50'23" W 142.77 feet to a point; Thence S 0°30'23" W 82.34 feet to a point; Thence S 28'50'23" W 16.27 feet to a tee in said water line; Thence S 61'09'37" E 252.46 feet to a point; Thence S 0°30'23" W 396.06 feet to a point; Thence S 45°59'16" W 26.39 feet to a point; °6~`i63~13 E~~~`~ vv. p~(iUR~CR .%.:3A~I~ iVAR,~O BOrSE ip 's ~ ~ Pry ' ~ FEE ~ C,` RECCr,° i D ,+, ; }r~ ~~C ST OF Meridian City Water Easement ......................... Western Pines-960323 ........page I Thence N 88'31'52" W 115.25 feet to a point; Thence N 01'28'08" E 30.89 feet to the End Point of Line "A" line easement; Line "B" Beginning at the point described above as a tee in said water line; Thence N 61°09'37" W 58.56 feet to a point; Thence S 73°50'23" W 27.48 feet to a point; Thence S 46"37'10" W 264.90 feet to a point; Thence S 4'30'23" W 88.32 feet to a point; Thence S 89°29'37" E 11.50 feet to the End Point of Line "B". The easement hereby granted is for the purpose of construction and operation of water mains 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 E~PRESSLX iJNDERSTOOD 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 perrrtanent structures, Iarge trees of brush placed within the area described in this easement. THE GRANTOR hereby covenant and agree that they ~~ill not place oz 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 easement, for the purposes stated herein. THE GRANTOR 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 la~cvful 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 signature the day and year first herein above written. A. Keith Holloway, Owner -Holly Meridian City'bVater Easement ......................... Western Pines-960323 Page 2 STATE OF IDAHO ) ss County of Ada ) On his ~- day of , 19 ~tU, before me, the undersigned, a Notary Public in and for said State rsonally appeared A. Keith Holloway . known or identified to me to be the Owner, of I-lolly Properties that executed the within instrument, azkd acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I.have hereunto set my hand and affixed my official seal the day and year fist above written. ®o®`mamem®®ae ®t ~~ ~ ° t V ~' ~rr~~00 9 ~ ~ Q ~ ~ ' ~ ' e ,~ ~ ~ ~aoTAR ®®`~~c o • r NOTARY PI.JIiLIC F AHO ,~_ p U ~ ~~G q Residing at <o~~ ®,® ®.®® ®®o Commission Expires: '` ' ®'®o ~ ~ F 1~ ~®0®0 B ®®®®®~r®®m®~®®®®® Meridian City Water Easement ......................... Western Pines-96o323 ..........................................................._... Page 3