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Domestic Water Line Easement with Gemtone, INC for Eagle Road & PineDOMESTIC WATER LINE EASEMENT THIS INDENTURE, made this ~ ~ day of ~ L , 19 ~~ between GEMTONE, 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; WITNESSE'TH: WHEREAS, the Grantors desire to provide a domestic water line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the domestic water line is to be provided for through an underground pipeline to be constructed for the grantee; 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 construction, operation and maintenance of the domestic water line over and across the following described property: See attached Exhibit A and Exhibit B ~~~ .~QJt GGUtiTY RE~QfiL~ER _f. il~~,°~~J t~QVA~f~ED ~.% pEPUfiY.. ~g~~~~~-~ ~~~ I=29 ~~ 99145934 The easement hereby granted is for the purpose of construction and operation of a domestic water line and 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, its successors and assigns forever. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee will timely complete the work of laying the domestic water line and restoring the premises used therefore to a condition comparable with that existing prior to exercising this easement; that, in making future repairs, the Grantee will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees on the area described for this easement which would interfere with the use of said described easement for the purposes stated herein. TT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to the Grantee the right of use during initial construction a temporary construction easement over a strip of land described as follows. (not applicable) IT IS UNDERSTOOD that the strip of land described in the previous paragraph is for the purpose of constructing said domestic water line herein described, the same to expire when the initial construction is completed. IT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such domestic water line. 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. GEMTONE, INC. Edward s, cretary STATE OF IDAHO ) ss County of Ada ) q~~ On this ~! day of ~ ~- in the year cT 9' ,before me, the undersigned, a Notary Public in and for said State, personally appeared Edward L. Bews, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written ~~~ ~,~ ~`~~~ ,, ~ ~ ~~~ N ARY PUBLIC FOR IDAHO Residing at ~ ~-cr, ~d~-Q Commission Expires: ~-a- moo ~+ CITY OF MERIDIAN Robert D. Corrie, Mayor William G. B~gti' "', rk *~`~t ~ ~~'''a .'` ~'~ .` w Siu~++ ~ (~ .: ,~{ .. STATE OF IDAHO ) .,,~'ffj+a~s,~int-t,`'`~,` ss County of Ada ) On this ~~ day of ~~~ , in the year ~~~~ before me, the undersigned, a Notary Public in and for said State, personally appeared Robert D. Corrie, Mayor and William G. Berg, Jr., City Clerk, known to me to be the persons whose names are subscribed to the within and foregoing instrument, and acknowledged that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •. ~ •• O'rA,~ Y ~ ors e * = ® ~ A U B L1G `'"~~~moeaN~~~ r NOT Y P LIC F R IDAHO Residing at ~ C~v- Commission Expires: " / Roylance & Associates P.A. Engineers Surveyors Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855 EXHIBTT A April 1, 1999 Project No. 1940 Legal Description Gemtone, Inc. 39,426 Square Feet A waterline easement situated in the Northwest'/. of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest Comer of said Section 9, thence northerly along the westerly line of said Section 9, said line also being the centerline of Eagle Road North O1°-27'-OS" East a distance of 2650.19 feet to a found brass cap monumenting the Southwest Comer of said Northwest'/+ of Section 9, thence leaving said section line and centerline and along the southerly line of said Northwest'/+ South 89°-20'-26" East a distance of 729.64 feet to a point being the Southwest Comer of that certain deed recorded as Instrument Number 94023569, Records of Ada County, Idaho said point being the POINT OF BEGINNING. Thence leaving said southerly line North O1°-09'-10" East a distance of 20.00 feet to a point; Thence South 89°-20'-26" East a distance of 67.10 feet to a point; Thence North 00°-37'-16" East a distance of 25.00 feet to a point on the southerly line of Cross Roads Subdivision No. 2 (a recorded subdivision on file in Book 66 of Plats at Pages 6822 and 6823, Records of Ada County, Idaho); Thence along said southerly line South 89°-20'-26" East a distance of 20.00 feet to a point; Thence leaving said southerly line South 00°-37'-16" West a distance of 25.00 feet to a point; Thence South 89°-20'-26" East a distance of 1269.14 feet to a point on the westerly line of Westdale Park Subdivision No. 2 (a recorded subdivision on file in Book 68 of Plats at Pages 6978 and 6979, Records of Ada County, Idaho); Thence southerly along said westerly line South 00°-48'-08" West a distance of 20.00 feet to a point on the southerly line of said Northwest %+ of Section 9; Thence easterly along said southerly line North 89°-20'-26" West a distance of 1946.42 feet to the POINT OF BEGINNING. The above described tract of land contains 39,426 square feet, more or less, subject to all existing easements and rights-of--way. Prepared By: /nNP~' Lq;,jb a 8793 ~ ~, 04-o~-99a ~ ~ O' ~~ygF~rFOf~o~~~~ R. EN~~ ROYLANCE AND ASSOCIATES P.A. 391 W. STATE STREET, SUITE E EAGLE, IDAHO 83616 ZZOE) 939-2824 FAX (208) 939-2855 \\SERVER\D\Review It 2\WORDTEXI\1940Uega12904.doc Q ~ %~ ~ o I m I ~ a~ x ~ w ~d- ~ o •- ~ c ~ ~ O ~ ~ , Q o tat ~ O a 0 o N I I 4 YOR ~(pS,~ ~ U a ~'r° ~ rn ~ N -s- ~~ ok f~ m 0 ~ ~ ~ .~ W ~' M N N / o io) q 07~Pr~ ~~~ ~~~rn ~ CO O : ~ 4 ~ IL fn ~ M ~ (VI ~ ~ ~ ~ Q ~~p01 ~ Qf > ~.'~ t•'7 00 ~ I Ors 5~ A~ ~~y Q. 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