Water Easement with Locust Grove LTD for Eddy's Bakeryft~co~o~n • R~au~sT o~
~pA CtUIiTY RECORDER fU9EF~1DiAN CITY
~1. U~3Yif~ 1~AVARRO ~%~~
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?~}~~ ~~ ~ Q Pi ~ :VQ~,i~'ER EASE ENT ~ O O I O I S 2
THIS INDENT[JRE, made this ~ day of ~ffl, between ~~_
the parties of the first part, and einafter called the Grantors, and the City of
Meri 'an, the~parties of the second part, and hereinafter the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a water easement across the premises and property
hereinafter particularly bounded and described; and
WHEREAS, the water line is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service pipelines 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 easement for the operation and maintenance of a water line over and across the following
described property:
(SEE ATTACHED EXHIBIT "A" & "B" - "WATER, UTII.ITY AND ROAD EASEMENT")
The easement hereby granted is for the purpose of construction and operation of water lines and
their allied facilities, other utilities and road easement, together with the free right of access to
such facilities at any and all times.
TO HAVE AND TO HOLD, the said water easement 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 placed within the area described in this easement, which
would interfere with the use of said easement or the purposes stated herein.
THE GRANTORS do hereby covenant with the Grantee that they aze 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.
G tofs
STATE OF ~ ~~ )
ss
County UL (1/,~ )
On this ~ ~ day of 2000, before me, the undersigned, a Notary
Public in and for said State, personally appeaze ~,cJ'~//ice.-+-± /71. ~ ~ec.e ~
known or identified to me to be the person that executed the within instTwnen and acknowledged
to me that such 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
NOTARY PUBLIC FO
Residing at:
Commission Expires: ~ 2 -22.03
MTC \ ENGINEERS -SURVEYORS
McCARTER TULLER CHRONIC, INC;UI~F'U~
707 N. 27TH ST. BOISE, IDAHO 83702 (208) 345-0780 FAX (208) 343-8967
Exhibit "A"
Legal Description
Water Easement
Commencing at a brass cap marking the Northwest Corner of Section 8, T.3N., R. lE.,
B.M., Ada County, Idaho; thence South. 00°26'54" West 256.15 feet along the westerly
boundary of said Section 8 to a point; thence leaving said westerly boundary of said
Section 8, South 89°58'56" East 45.00 feet to an iron pin on the easterly right of way of
North Locust Grove Road as recorded in Instrument No. 97031850, said pin being the
westerly pin common to Parcels 1 and 4 as established by Record of Survey No. 3965 as
recorded in Instrument No. 97062760 in the records of Ada County Recorder; thence
South 00°26'54" West 13.00 feet along the West boundary of said Parcel 4 to a point;
thence South 89°58'56" East 192.68 feet to a point on the boundary line between Parcels
4 and 3, and the REAL POINT OF BEGINNING. -
thence South 00°26' S9"West 12.00 feet along the boundary between Parcels 4
and 3 to a point;
thence North 89°58'56" West 20.00 feet along a line parallel with and 25.00 feet.
Southerly of the Northerly boundary of said Parcel 4 to a point;
thence North 00°26' S9" East 12.00 to a point 13.00 Southerly of the Northerly
boundary of said Parcel 4;
thence South 89°58'56" East 20.00 feet to the REAL POINT OF
BEGINNING.
SFT.SIDEWALK PER ACRD
STANDARDS TYPICAL
C/L FAIRVIEW AVENUE 1 FT FROM PROP. LINE
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EXHIBIT "B"
WATER EASEMENT
\ ~-' " " ~o IEGENO
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O CONST MFI
80 40 HA 80 160 240 A ~~ w~, ER vN~T
D SEWER SERVICE
q mow oFf vN.vE
SCALE IN FEET
W. 1/4 CORNER
9 8 CPdcf/ 9213397
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