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Waterline Easement with Idaho Tank & Culvert, Inc. for 1999 Water Line Project1 WATERLINE EASEMENT /4 ~~ day of ~ ¢ , 1999, between Idaho THIS INDENTURE, made this Tank and Culvert, Inc., the parties of the first part, and hereinafter called the Grantors, an the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desireboundeddand descrilbed;rand of-way across the premises and property hereinafter particularly WHEREAS, the waterline is to be provided for through an underground pipeline to be constructed by 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 recei ran land convey unto nd other good and valuable consideration, the Grantors do hereby give, g the Grantee the right-of-way f over and across the p opertyruPermanent waterline easement is maintenance of the waterline described and shown on Exhibit "A" and Exhibit "B", attached hereto and incorporated into this easement. The easement hereby granted is for the purpose of construction and operation of a waterline and allied facilities, together witntee ~w th~the free right of access to such facilities replacement at the convenience of the Gra , 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. that IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, the Grantee will timely compceot dit~on omparable lwith that ex9sting prior to exec ising this premises used therefore to a easement; that, in making future ~ePo that existent pr or to unde t king sulchrepairs ande t e premises to a condition comparab replacement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures on the area described for this easement which would interfere with the use of said d nable ac cess t the GRANTEErs fi re hydrant a water meters, GRANTORS shall maintain reaso and related appurtenances. IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to the Grantee the right of use during initial construction a temporary constr~~ strip of land described as follows: K ai3A CtIUNT`l RECORDER ~E~DEP~~Y ,~. ~~t~~N'~AI~oR° , g ~ 014 3 ~ nrr! t~ ~24 ~ 9 i 377 VL 1 ~ r ~'~~ Page 1 Temporary constr h and west of the permanent easement boundary~as shown andnd twenty five (25) feet Wort described on Exhibits "A" and "B". IT IS UNDERSTOOD that the strip of land described in the previous paragraph consists of the right to perform work necessary for the construction of the waterline, in addition to testing, inspection, and then ae nconstruction easement shalt expire when thle construct on n of the waterline. The temp ry contract expires. 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 waterline. 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 wilt warrant and forever defined 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. GRANTOR: CITY OF MERIDIAN: Attest by William G. Berg, Cit le Date Date ' ... /~/~ ~/- i ..Cf ~~ t o rie, Mayor Signature ~,,~~„:titwElrrtrr/rrr ~* ~ ®~a~4t?,q TAO A ~~ M .w S~iL ~~ ~ \ s 9 :. . ~ ~ . J///1(IEEtifltl~~t ~~ ~ Co ~ ~ cil ~A~DO-'~d l d -S~= 9~ Page 2 STATE OF IDAHO ) ss. County of Ada ) day of 1999, before me, personally On t is ,known or appeared ~ )~ identified to me (or proved to me on the oath of to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. ~ _ _ ~ ..~E:.,.~a ..,,~ al seal the day IN and y~~ .• .~~~'~4: :'11i WHEREOF, I have hereunto set tificate first above written. r r U L '•. ti~~ ~OTA/e ~, :~ ...... • '*= SAL *~ ~UBLZG . _ ~•. J'l,~'. .r' O .~~~.s ~O ~14~~~ STATE OF IDAHO ) ss. County of Ada ) My commission day of 1999, before me, perso k lly On t 's nown or appeared ~ )~ identified to me (or proved to me on the oath of to be the person whose name is subscribed to the within 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 in this certificate first above written. '~~pnna ~ - ~OTAR ~' Notary Public State of Idaho ~ Residing at * '~'~ * My commission exp' es: ~~ ~~ ~o ~'UB LZG ,•~',qr~ OF I~ t-.~O f:\projects\11510\admin\easements\idaho tank easement.doc Page 3 r~! U-B ~ Engineers Surveyors Planners 11510-06 August 26, 1999 EXHIBIT "B" WATERLINE NORTH A 15 FOOT WIDE PERMANENT WATER LINE EASEMENT A parcel description for the purpose of a 15 foot wide permanent water line easement being 7.50 feet on each side of the following described centerline and being a portion of the South half of Section 12, T.3N., R.1W., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a brass cap marking the Ya corner common to Section 12 and 13 T.3N., R.1W., B.M., Ada County, Idaho; thence North 89°15'19" West along the Southerly boundary of said Section 12, 92.70 feet to a point; thence leaving said Southerly boundary North 00°33'06" East, 858.64 feet to a point, said point being the REAL POINT OF BEGINNING; thence South 88°43'26" East, 70.46 feet to a point; thence North 00°33'49" East 215.02 feet to a point. END OF DESCRIPTION SEE EXHIBIT "A" Prepared by J-U-B ENGINEERS, Inc. ~,vvo ~`oQ. 61ST~,9~psG9G $/27/`1` Q a $25 ~ ~ ~ ~o 9~, ~9rF OF ,0 ~~~ FNS H. KO Lawrence H. Koerner, P.L.S. LHK/lhp f:/projects/11510/admin/easements/waterline easement north.doc ss t~ ~,~ EXHIBIT "A" DWNER ^F REC^RD I IDAH^ TANK AND CULVERT 15.00'---{ C-- I I I N00'33'49"E 15,00' I I 215.02' _ JJ TAYLOR AVE S88'43'26"E 70.46' I I I ~~ 3 ~ QP 0 W ~ w ~~ ~Q~ ~I~ ~ ~ ~~ Z s o ~ '~~ I~ z- I 12 FRANKLIN AVENUE 13 N89'15'19"W 92.70' REV. N0. DESC. BY• CK'D~ CITY ^E MERIDIAN DRAWN BYE L.H.K. DATE•8/26/99 PROJECT 1999 WATER LINE PROJECT IDAHD TANK & CULVERT PROPERTY CK'D BYE P.H.K. SCAL~~ N.T.S. PERMANENT WATER LINE EASEMENT APPROVED LEGAL A P~T~ OF THE SOUTH HALF M. B R 1W T 3N OF SECTIdd 12 DRAWING NO. CITY ENGINEER DATE , . . ., . ., , ADA COUNTY, IDAHO SHEET 1 _ OF _i _ -