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Grant of Waterline Easement with Bews, Edward L. and Shirley N. for Ten Mile Road 101015268GRANT OF WATERLINE EASEMENT ;~~ 1-~IS GRANT OF EASEMENT is srnadt this ~~ 'day of ~Zt--~- 2000, by and between Edward Y.. Bews and Shi>`ley Bows, husbar-d and wife, thdr heirs and assigns, hereinafter referred td as "Grantors," and is given to and accepted by the City of Meridian, Idaho, hereinafter rcferxed to as "Grantee;" WITNESSETH: VV'~iEREAS, the Grantors and Grantee tack desire to provide for installation of a domestic vvattrlinc through a po=tion of the Grantors' property, which property is more particularly desccilxd on Exhibit "A" attached htreto, and is hereinafter referred to as the "casement corridor;'° and WHEREAS, the waterline will be iYxitially constructed by the Grantors and thereafter maintained and serviced as needed from tame to time by the Grantee; NOW, THEORE, in considexation of the mutual benefits to both Grantors and Grntee, the parties each accept the following conditions of this grant l . Grantors hereby glue, grant and convey unto the Grantee aright-of-way and easement wlthili the casement corridor for uses and purposes set forth in, this grant, but for no other purposes. 2. The grant of right-off way is for the purpost of operating a domestic waterline and its ail=ed operating facilities in the easement corridor. The grant of casement is for the right to maintain, repair and replace parts of the r~-aterline when necessary, including a right of access to the casement corridor to accomplish these purposes. 3. The Grantee. shall exercise its duty of maintenance, repair and replacement of the ~vatcrline expeditiously and with due care to the Grantors' property; but shall not be responsible fore rtpai><ing, replacaing or restoring any structures or landscaping that have been ,placed r~ntthin the easement eorsidor. 4. The Graaltea shall not place, or permit others to place, any other type of utility service, operations or structures within the easement corridor. IN W'XT."NESS WHFsREOI~, Grantors Edward, L. Bewa and Shirley Bows have hexeunt4 subscribed their signatwres the day arn,d year first herdn above written. WATERLINE EASEMENT -Page I F~~J~i GVVI`y~i ~~ `~~. ar, ; ,,, FrECGf~UEr7 - RF~UFSI~ Vii= FEE -8- ~R'D~'~ r ----~-_-..QEFtJT~' ~ 1818=5268 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. ~v Owner Owner Signature A STATE OF IDAHO ) )§ County of Ada ) {~,,C4~t,~?arr,,,,fif Robert . Cowie, Mayor ~'~~~ ~f. A#test by William G. Ber ,City Clerk icy ouncil o ~ t .. ~, ~.~ G -/ On this ~i-` day of NO%i+~l ~~/, 20 ~, before me, the de si ned a Nof~' Public in and for said State, personally appeared Edward L. Bewus~kn'~ownor~d n~ti"fed to me to be the owners that executed the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. '~~®'prwpl~•. w~~ ~T~~~~®~: ~'. ~, ~®~ a °x ~,~~ ®wa d' U B L1G ~ ® °' °e ®° ` ® ~• ~"vf,~.%' ~®apsae®~9q Syr ~~ Waterline Easement ++~s+a e'®~ `a 0~~~9~ 990304\EASMT. WATER.mer.Bews.doc - ..., ,- r _ . ~- ., . TARY PUBLIC FOR IDAHO esiding at ~~-G~l Commission Expires: ~ 6 Page 2 DESCRIPTION FOR TEN MILE WATERLINE EASEMENT SW'/4 SECTION 26 PORTION November 10, 2000 An easement located in the SW'/4 of Section 26, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the southwest corner of Section 26, T. 4N., R. 1W., B.M.; Thence N 0°21'49" E 25.00 feet along the west line of said SW'/4 to a point; Thence S 88°58'19" E 25.00 feet to the intersection of the easterly right-of-way of Ten Mile Road and the northerly right-of--way of McMillan Road, the REAL POINT OF BEGINNING of this description; Thence N 0°21'49" E 2,619.46 feet along said easterly right-of--way to a point on the north line of said SW'/4; Thence S 89°08'53" E 23.00 feet along said north line to a point; Thence S 0°21'49" W 2,619.53 feet to a point on the northerly right-of-way of McMillan Road; Thence N 88°58'19" W 23.00 feet to the REAL POINT OF BEGINNING of this description; Michael E. Marks, PLS - No. 4998 0 990304\waterline ease SW.des ~ 9~10~'~ \ABL S. I;; .. I II , III 1 I II , Ijj I l i i _~ I ~_~_ I II II III II I I;i 1 1 /4 CORNER ~ ~ _ Q Ir - - -- - -- - -- - -- - -- - -- - -- - -- - -- -~-~-~---~-~---~-•-~-•-~- -•-~- Qi i pi i ~ j , 1 W j G' I J 1 v,"I I ~ j i" 1 1 I Z j I I I I Gi I I %i I r: I 25' EXISTING i s" 23' WATER LINE EASEMENT ! RIGHT OF WAY i .; i j I 'r; I I ~" I j~ 1 1 WEST 1 /2 I ! ~% SW 1 /4, SECTION ~ ! ~A N i ~~ T4N, R1 i i i 1 :: j ~~ r,~i ! /A 1u ~% I i~ ! ~s I :: i ~A i~ 27 ! ~ 26 34 ~ 5 ~ Mc MILIAN 'I i i• it it W 26. ROAD j' ~x(fif3 ~T /~ REVISION TEN MILE LINE EASEMENT PERMANENT WATER LINE OPERATION & CONSTRUCTION EASEMENT SHEET SW 1 /4 SECTION 26, T.4N., R.1 W., B.M., I of I ADA COUNTY, IDAHO 990304WATE2 DESIGN DRAFT SCALE DATE DWG.NO. MEM NTS j1/9/2000 990304 UNPLATTED SS~I~~ LAND ~~ ~ p i 0 ,~ 9~ OF L9Q' 4,4`~ \A~L B. ~~ iGS ENQI~ERING. $RIGGS (20B>344-9700 1800 V. OVERLAND ROAD Bl1ISE, IDAHO 83705