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Water Main Easement with Lawrence's for Lawrence's Healthy Beginnings Day Care~~~-l !~ 1$1~ a~a~ ca~~rr~r ~irco~c~~R ~. aAVir~ uava~ao Zfl~ .!~ 2 7 P~ ! ~ Z ~ WATER MAIN EASEMENT "`~ RECORDED - RE{IUEST aF FEES QEPUTY ~~oooos~48 `oZ 00(I THIS INDENTURE, made this ~ day of ~ a ~'` , ~" between ~~. a L+/r~ ~ C Q S the parties of the first part, and hereinafter called the Grantors, 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. ._...~ President Se etary STATE OF IDAHO ) ss County of Ada ) 2.00 0 1~rs On this /8 ~ day of Tn ~c 4r ,~ , ~9~- ,before me, the undersigned, a Notary Public in nd for said State, personally appeared /CQ {~ fie n ~.. ~ a ~ r e n c e and Gt~c~,c~e l ~ ~.4tcJ Y'~N ~ L°. ,known or identified to me to be the President and Secretary, 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. ~'° ~1~ ~~ , o d OTARY PUBLIC FOR IDAHO .~' ~ ~~ L1G esiding at r' ~ S ~ ~ ~~~ Commission Expires: l Z Zooms, ~8~1 Water Main Easement Page 2 EASMT. WTR ~• ~ ~. (D r ~ ~ ~~Zli 5505 W. Franklin Road • Boise, Idaho 83705-1055 LEGAL DESCRIPTION UTILITY EASEMENT FOR HEALTHY BEGINNINGS CHILD CARE EXHIBIT A January 17, 2000 A PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING SOUTHWEST CORNER OF SAID SECTION 12, THENCE N 0°04'W 327.37 FEET TO THE SOUTHWEST CORNER HEPPERS ACRE SUBDIVISION, THENCE N 0°04'W 954.22 FEET ALONG THE WESTERLY BOUNDARY OF HEPPERS ACRE SUBDIVISION, THENCE S89°03'S7"E, 48.01 FEET TO THE EASTERLY RIGHT-OF-WAY OF CINDER ROAD AND TO THE REAL POINT OF BEGINNING: THENCE N 0°04'W, 20.00 FEET ALONG THE EASTERLY RIGHT-OF- WAY OF CINDER ROAD; THENCE S 89°03'S7"E 20.00 FEET; THENCE S 0°04'E, 20.00 FEET; THENCE N 89°03'S7"W 20.00 FEET TO THE REAL POINT OF BEGINNING. COMPRISING 400 SQUARE FEET, MORE OR LESS. '~, ~1i6 ~,.i- ~ ~ s ~ o ~ `~ ~yD.~P~ ]00 0 100 Scate 1" = 100 ft EXHIBIT B RAILRMD RIWi-pE-~Pv S R9'OS'Y ~~ C %~.i0~ °BAM }NbY CPSEMENi im i cx Rrmw° v R znao x ooro°roo~~ v ~I s P a 0 lY ~ W A Z J ~~ °n u o Wlo I< Lm z Z O N Q W u W 0_ W 2 ~9 ~~ ~P ~e J r ~ u ~2 _ _ _ _ '° " FRANKLIN ROAD ~~ 1~ ~P ~e J