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Water Main Easement with SWCR, Inc. for Santee Commercial Complex WITNESSETH: WHEREAS, the Grantors desire to provide a water main easement 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 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. 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 easement, for the purposes stated herein. ~;'` • ~ RECORDEO-REQE! S`T~ ,~~.~,~~ C;~I;TY P,~Ctl!zl~E~ MERi~3 a [~Ail1~ FI,A~'ARR~ ~~~~~~-6p~~~:2~ ~~~ ~Qao~~E6s WATER MAIN EASEMENT THIS INDENTURE, made this 28t~lay of Dec • , 19 99 between swcR, Inc - ,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; Water Main Easement Page 1 EASMT.WTR.doc • • 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 herein above written. ' ~.. President STATE OF IDAHO ss County of Ada ) On this 28th day of December , 19~, before me, the undersigned, a Notary Public in and for said State, personally appeared Tani L. Taylor and Wesley A. Worcester ,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 and year fist a oy ~~ ~ ~°a ~~ d ~(~ ~ y 9,y 'r-. O ~~~.._ ve hereunto set my hand and affixed my official seal the day s~ • ., 9~p~~: r= o~ ~ ~ 1 ti~ ~~ ~~..`` NOTARY PUBLIC FOR IDAHO Residing at soise, ID Commission Expires: 6/23/?00~ Water Main Easement Page 2 EASMT. WTR.doc a Exhibit "A" Santee Commercial Complex WATER EASEMENT ~: An Easement for the purpose of water utilities situated in a portion of the NE1/4 of the SE1/4 of Section 7, T.3N., R.lE., B.M., City of Meridian, Ada County, Idaho and described as follows: Commencing at a brass cap monument marking the E1/4 corner of said Section 7, thence along the North line of the said NE1/4 S89°33'47"W a distance of 359.20 feet to a point from which a brass cap monument mazking the C1/4 corner of the said Section bears S89°33'47"W a distance of 2288.28 feet; thence leaving said North line S00°26'33"W a distance of 230.18 feet to a point; thence N89°33'27"W a distance of 29.06 feet to a point on the West right-of--way of North Ralstin Street and the POINT OF BEGINNING. Thence along saidright-of-way S00°26'33"W a distance of 84.00 feet to a point; Thence leaving saidright-of-way N89°33'27"W a distance of 33.00 feet to a point; Thence pazallel to saidright-of-way N00°26'33"E a distance of 84.00 feet to a point; Thence S89°33'27"E a distance of 33.00 feet to the POINT OF BEGINNING; Said Easement contains 0.06 acres more or less and is subject to all existing easements and rights-of-way of record or implied. C996143watereasmnt.doc 12-8-1999/srl ~~~ q~