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Water Main Easement with Bevan, Thomas M. Jr. for Interstate Battery Site.ova c~aN~rY ~~cor~oE~ ~, Q.~Vl~ NAVARRp 1?~r~ ~ tfl;af? 1~0~ FE ! 7 ~!~ I ~ ! 9 M~RIE7I~R~ CI'iY RECO~~~~ • ~~au~ r of I0OO1224 WATER MAIN EASEMENT THIS INDENTURE, made this `~~day of O~between ^~(J/Y1~YS /Yl k~`v~^', ~K--' the parties of the first part, and hereinafter called the rantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; 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 operation and maintenance of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line 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 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 within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Water Main Easement Page 1 EASMT.WTR 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. STATE OF IDAHO ) ss County of Ada ) ~6~ On this (~~ day of o a/ ,before me, the undersigned, a Notary Public ' and for said State, personally appeared -'((/t p vh QS g PJ+/Glw- , ~r . and known or identified to me to be the President and Secr t ,respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~. ~ , . , <, /^7 ~ ~t~ ,~~,;' ~, ''~ .. ,,a Yom: NOTARY PUBLIC FOR IDAH ~ - ° ; . ~` ~ ~ ~, ~~ ~ ! i'0. 4 i `~ .L f Residing 0~' 1 NlQ.~(C O~,i ~ ', . ~t - Commission Expires: La-'a'~Do1 Water Main Easement Page 2 EASMT.WTR elJ. C~ ~. (~ ~ ~ ~I2~/. 5505 W. Franklin Road • Boise, Idaho 83705-1055 EXHIBIT A LEGAL DESCRIPTION MERIDIAN UTILITY EASEMENT For Bill Cafarelli, Cascade Builders A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHEAST Q~TART'ER OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" DIA. IRON PIN MARKING THE CORNER COMMON TO SECTIONS 11, 12, 13 AND 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN; THENCE SOUTH 89°16'00" WEST, 1172.00 FEET ALONG THE SECTION LINE COMMON TO SAID SECTIONS 11 AND 14, ALSO BEING THE CENTERLINE OF FRANKLIN ROAD; THENCE LEAVING SAID SECTION LINE NORTH 0°58'55" WEST, 30.00 FEET TO AN IRON PIN ON THE EXISTING NORTHERLY RIGHT-OF-WAY OF SAID FRANKLIN ROAD; THENCE NORTH 89°16'00" EAST, 463.50 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY OF FRANKLIN ROAD TO THE REAL POINT OF BEGINNING: THENCE NORTH 0°58'55" WEST, 28.00 FEET; THENCE NORTH 89°16'00" EAST 20.00 FEET; THENCE SOUTH 0°58'55" EAST, 28.00 FEET TO THE EXISTING RIGHT-OF-WAY LINE OF SAID FRANKLIN ROAD; THENCE SOUTH 89°16'00" WEST, 20.00 FEET ALONG THE EXISTING NORTH RIGHT-OF-WAY OF FRANKLIN ROAD, TO THE REAL POINT OF BEGINNING. COMPRISING 200 SQUARE FEET MORE OR LESS. 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