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Water Main Easement with Joint School District No. 2 for Meridian Charter High Schoolf i WATER MAIN EASEMENT THIS INDENTURE, made this 21S` day of July, 1999 between Meridian Joint School District No. 2, 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; 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. 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. 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 1 IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. J sident Secretary STATE OF IDAHO ss County of Ada ) On this a0t-~ day of S ~1 ~ , 19 ~ , before me, the undersigned, a Notary Public in and for said State, personally appeared Chri~lin~ l~v~n~~l. and • n ,known or identified to me to be the President and Secretary, respec vely, 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. '+~~~~~A~ rD ~~~''•. :~ ~~•• o~~Y','Q.~, " ~ ' 1s • ' c a : •' ~, • •c • ,~ ~''~.,S,TATE 0~~`'~~ NOTARY PUBLIC FOR IDAHO Residing at //l.C/ll Ll/1~- ~ QA.~ - Commission Expires: 3 •a~ - X003 WATER LINE EASEMENT, Page 2 EXHIBIT A PERMANENT WATER LINE EASEMENT Being a permanent easement along the following described line, "with all the sidelines being prolonged or shortened to conform with the Grantor's property lines", Lying in Section 32, Township 4 North, Range 1 East, Boise Meridian, Ada County, State of Idaho, and more particularly described as follows: Commencing at the SW corner of the SW Quarter, of said Section 32; Thence along the westerly line of said SW Quarter N00°00' 11 "W, a distance of 1701.93 to a point on said line; Thence leaving said westerly line N89°50'05"E, a distance of 48.00 feet to a point on the easterly right-of--way line of Locust Grove Road, thence continuing N89°50'05"E a distance of 299.97 feet to a point on the southerly property line Meridian Joint School District No. 2, also being the center line of said easement and the "Point of Beginning." Said easement 10 feet on each side of the following line; N00°00'00"E, 20.87 feet. AND Commencing at the SW corner of the SW Quarter, of said Section 32; Thence along the westerly line of said SW Quarter N00°00' 11 "W, a distance of 2073.59 to a point on said line; Thence leaving said westerly line N90°00'00"E, a distance of 48.00 feet to a point on the easterly right-of--way line of Locust Grove Road, also being the center line of said easement and the "Point of Beginnina." Said easement 10 feet on each side of the following line; N90°00'00"E, 102.50 feet. Commencing at the SW corner of the SW Quarter, of said Section 32; Thence along the westerly line of said SW Quarter N00°00' 11 "W, a distance of 2100.03 to a point on said line; Thence leaving said westerly line N90°00'00"E, a distance of 48.00 feet to a point on the easterly right-of--way line of Locust Grove Road, thence continuing N90°00'00"E a distance of 130.51 feet to a point, also being the center line of said easement and the "Point of Be ins nina." Said easement 10 feet on each side of the following line; S00°00'00"E, 59.66 feet; Continuing said easement 21 feet left and 10 feet right of the following line; S00°00'00"E, 20.00 feet; EXHIBIT A- ~' ~ , Continuing said easement 10 feet on each side of a line along the following courses; S00°00'00"E, 193.41 feet; S45°00'00"E, 87.50 feet; Continuing said easement 25 feet left and 10 feet right of the following line; S45°00'00"E, 20.00 feet; Continuing said easement 10 feet on each side of a line along the following courses; S45°00'00"E, 24.25 feet; S90°00'00"E, 116.80 feet. Basis of Bearing for this description is N00°00' 11 "W from the SW Corner Section 32, T 4N, R 1 E, to the W '/4 Corner, Section 32, T 4N, R 1 E. This permanent Water line easement contains 0.316 acres more or less. (SEE ATTACHED "EXHIBIT B") y:. ~,.~~~'' f~c 7 ~ _ .i~~ ~~~~``c~ '~. ~d . ..,,~- 2 EXHIBIT A- r ~~ c. W 1 /4 COR. SEC. 32 T4N R1E --- I I I I~ ~~,~ cou~rY ~~~ir a" ~~„~"> Il~s'~~~EC1 1999 JL 2 9 PJ~~ 1 ~ 19 ~~c Raga-n~~au~sr of .. D !~ F£E DEPUTY ~~~ ~~U75530 AIER/D,G4N Cf~4RTER H/6H SCH~L I I ~ I N90'00'00"E 48.00' I o ~ N90'00'00"E 130.57' Z P08 500'00'00"E 59.66' BASELINE OF 26.44' ~ WATERLINE EASEMENT I ~ 500'00'00"E 20.00' N90'00'00"~ t OR.Sa' I ; I I~ ~MI n I I I I N89'S0'OS"E 48.00' ~ e 3 a 5 31 S 10' ---~ ~- 10' 193.41 ' l S45'00'00"E 87.50' S45'00'00"E 20.00' ~ 545'00'00"E 24.25' ~ S90'00'00"E 116.80' ~_ N00'00'00"E 20.87' 1367.36' N89'S0'05"E = 36 L--a~ -_ -o/L- - - -P/L- - - -p/l- - - -~/L- - - -~ r "sw--c N89'S0'05"E 299.97' II I ` I r~ rn o Q I ~I RO [R (Vw I I ~~ SV SEC. COR. 32 '~'- T4N R1E 6