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Water Main Easement with Child, William H. for R.C. Willey.'- .~Y WITNESSETH: 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 comparable 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. WATER MAIN EASEMENT, Page 1 E~ ~ i. r;~~ ~ri.~il_r Y' ~ i~t3l~w, ir~~°~` 199 t~C i Q ~ 1 9 ~; .~E~~~~~TY ~~ THIS INDENTURE, made this 4th day of December 19 9$ between William H. Child ,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; z:\wordtext\forms\meridian\easement.wtr 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first hereinabove written. __ n ividual ~ ~~~ STATE OF-~B~4N~A (~~ ss County of -" 1 ~e~tacy On this day of 19~, before me, the unders' ed, a Not ry/P~',~f~lic nand for said State, personally appeared ~ ~ 1 ~~'w' ~~. ~' `~ ~ 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 year fist above written. NOTARY PUBLIC ~, OP Ty~.~ ~,-°""'°--:e,'~ ~., "~```~ '~ t PAMELA B. MOSER 2301 South 300 West ~ r' - ~~o~ SeR Lake City, UT 84115 p °y~ t,v~~l+"1 ~.:'---.,, ,,..•' f ~--: a °.'. ~~'' My Commission Expires July 12, 2000 STATE OF UTAH ~~ N TARY PUBLIC ,F~O~R~IO Residing at ~~~%`"~ Commission Expires: 1/ WATER E SEMENT, Page 2 z: \wordtext\forms\meridian\easement. wtr .' ' .. ~ Roylance & Associates P.A. Engineers Surveyors Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855 EXHIBIT A December 1, 1998 Project No. 1891 Legal Description for Water Line Easement R.C. Willey Furnishings 0.50 Acre Tract A 20 foot wide access easement situated in the Southwest 1/4 of the Southwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southeast Comer of the Southwest 1/4 of said Section 9, said corner also being on the centerline of Franklin Road, thence along said centerline and the southerly line of said Section 9 South 89°-11'-46" West a distance of 2706.25 feet to a found brass cap monumenting the Southwest Corner of said Section 9 and the centerline intersection of Eagle Road and said Franklin Road, thence North 59°-53'-53" East a distance of 81.23 feet to a found highway monument on the easterly right-of--way of said Eagle Road, thence continuing along said easterly right-of--way North 00°-00'-00" West a distance of 150.91 feet to a point, thence North 30°-57'-51" East a distance of 58.31 feet to a point, thence North 00°-00'-00" West a distance of 425.00 feet to a point, thence North 30°-57'-49" West a distance of 58.31 feet to a point, thence North 00°-00'-00" West a distance of 82.34 feet to a point on the centerline of Lanark Street, thence along said centerline North 89°-57'-13" East a distance of 149.95 feet to a point, thence leaving said centerline South 00°-00'-46" West a distance of 29.00 feet to a point on the right-of--way of Lanark Street and the POINT OF BEGINNING. Thence South 00°-00'-46" West a distance of 103.50 feet to a point; Thence South 50°-35'-OS" East a distance of 479.73 feet to a point; Thence North 84°-24'-56" East a distance of 76.19 feet to a point; Thence North 39°-26'-25" East a distance of 281.02 feet to a point; Thence North 83°-04'-35" East a distance of 133.29 feet to a point on said right-of--way of Lanark Street; Thence along said westerly right-of--way South 06°-55'-18" East a distance of 20.00 feet to a point; Thence leaving said right-of--way South 83°-04'-35" West a distance of 125.29 feet to a point; Thence South 39°-26'-25" West a distance of 281.29 feet to a point; Thence South 84°-24'-56" West a distance of 92.75 feet to a point; Thence North 50°-35'-OS" West a distance of 497.47 feet to a point; Thence North 00°-00'-46" East a distance of 113.23 feet to a point on said right-of--way of Lanark Street; Thence along said right-of-way North 89°-57'-13" East a distance of 20.00 feet to the POINT OF BEGINNING. The above described tract of land contains 0.50 acres, more or less, subject to all existing easements and rights-of- way. 0~~~ ~~~ Prepared By:' , ~S~~T~ ..-- - .~. ~ ~7~,'~ ~ ~ ~, /Z -O/- S'f9~ ,~ r\C~~~TFOF`oQ,~~ ROYLANCE AND ASSOCIATES P.A. 3fl1 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 (208) 939-2824 FAX (208) 939-2855 z:\wordtext\ 1891 Uegalwtr.812