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Water Facilities Easement with Goldsmith, Marty for Thousand Springs Subdivsion No. 4CITY OF MERIDIAN WATER FACILITIES EASEMENT THIS INDENTURE, made this ~ day of , 1999 between Marty Goldsmith, the party of the first part, and hereinafter called the Grantor, an the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a water facilities easement across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, 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 does hereby give, grant, and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of water facilities over and across the following described property: (SEE ATTACHED "EXHIBITS A AND B") The easement hereby granted is for the purpose of construction and operation of water facilities 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 place within the area describe in this easement. THE GRANTOR does 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 GRANTOR does 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 whomso~~~~j~p • R£Oit~~T /11{/'~a/«r~ ~.i ~,~,~ coutlTY R~CQRt3ER ~'~€ ~j -Q~FIlTY ,l, q~~-1Ct Ci;AYARfttI 990117\water-ease ~/ g ~ ~ ~ J v 199 ,,l~3 24 Phi { ~ 4 t IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first hereinabove written. Marty oldsmith, an individual STATE OF IDAHO ) ss County of Ada ) ~~ On this ~ day of , 1999, before me the undersigned, a Notary Public in and for said State, personall ppeared Marty Goldsmith ,known or identified to me to be the person who executed this 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. ~+;+~ ~ ~~ ~~ ~-- ~~® O ARY PUBLIC FOR IDAHO ~aj~;`~~yp'CA~t;~, , ~: ~ ~ ~`®~ ~ Residing at ~"~et-e-+~ ~ ~ , "~ '~` ~ ~ ~'~ ~ ~ Commission Expires: ~- ~ ~Grxj 990117\water-ease EXHIBIT "A" CITY OF MERIDIAN WATER FACILITIES DESCRIPTION FOR PROPOSED THOUSAND SPRINGS SUBDIVISION NO. 4 S. LOFTUS WAY May 26, 1999 An easement lying in the SE '/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northeast corner of the SW'/ of the SE '/4 of Section 20, T.3N., R.1 E., B.M., thence N 76°07'28" W 848.71 feet to the northwest corner of Lot 15, Block 11 of proposed Thousand Springs Subdivision No. 4, the REAL POINT OF BEGINNING of this easement description; Thence S 55°00'00" W 20.00 feet to a point; Thence N 35°00'00" W 25.00 feet to a point; Thence N 55°00'00" E 20.00 feet to a point; Thence S 35°00'00" E 25.00 feet to the REAL POINT OF BEGINNING of this easement description. Michael E. Marks, P.L.S. No.4998 990117\water-eas-des ~ . •. . I.• N. .lL ~~ I THOUSAND SPRINGS ~ SUBDIVISION NO. 2 (PROPOSED) ~ 1~ U O w 11 / 12\ \ 1\ 14 qTY OF B\ 14 'f' O`~ lj UNPLATTED EXHIBIT "B" THOUSAND SPRINGS SUBDIVISION NO. 2 (PROPOSED) THOUSAND SPRINGS SUBDIVISION NO. 3 (PROPOSAL) NUMBER DIRECTION DISTANCE L1 N 35°00'00" W 25.00' L2 S 55°00'00" W 20.00' L3 S 35°00'00" E 25.00' L4 N 55°00'00" E 20.00' ~ N ~' W Z 0,. o: m ~ ZD v d W vS UI Z(~ ~~ c O Z UI~ a~~ Q >~ w~ci a ~ = g., zo If ~ ~ 2 ~I0 . ~ 0 m. J ~ o Q W m ~ Vl 50' S8" W 1336.81' ~~ ~/^6o~ORN~ER 1/16 CORNER 20121 I Foy°a 5/e" q°ear I UNPLATTED REVISION OFFSITE WATER FACILITIES AT THOUSAND SPRINGS SUBDIVISION N0.4 SHEET SE 1 /4 SECTION 20, T.3N., R.1 E., B.M., i of 1 MERIDIAN ADA COUNTY IDAHO MED1 SDE DESIGN DRAFT SCALE DATE DWG.NO. MEM 1" = 200' 5/26/99 990117 BRIGGS ENGINEERING, INC. GINE 0 BRIGGS (208)344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705