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Water Main Easement with Kissler, James A. for Norco Propertyt ' ~ R~CORpED • R~Qt! ST OF ` RJR Cfppi411dTY~/AR~~E/AC~tjiRA£R 7000 ~ 3 o P~ f: z~ i o 0 0 ~~~ ca~.Y WATER MAIN EASEMENT THIS INDENTURE, made this ~~~ay of , 200 between ~~f5 &' ~i~L~:. ,the party of the first part, and hereinafter called the Grantor, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does 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 GRANTOR hereby covenants and agree that he 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. Page 1 { n~ THE GRANTOR does hereby covenant with the Grantee that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he .will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this a 3 day of y'Yl ~ ~ G 1~1 , 20a o, before me, the undersigned, a Notary Public in and for said State, personally appeared ~""c~ rn e S k c S S l ~ r ,known or identified to me to be the person whose name is subscribed to 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. .•,4ti '~~- NOTARY PUBLI FOR IDAHO ~'W ~OTAR~' ~O•'L: Residing at ~ o! o~ ~~~~ ,k ~~.~ * . ~ ~tldL'~~ O Commission Expires: 3 / 5 / 20C~ 5' ~~r8 OF 19~~ Page 2 ~- Exhibit A LEGAL DESCRIPTION Of 5.50 Acre Blanket water Main Easement Parcel `B' A parcel of land being a portion of the SE %4 of the Sw %4 of section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County Recorder, Boise, Idaho, which parcel is more particularly described as follows: Commencing at the southwest corner of Section 5, Township 3 North, Range 1 East, B.M., and running thence South 89° 59' 16" East 1,326.31 feet along the Southerly line of said Section 5; THENCE North 00°26'58" East 61.28 feet to the Northerly boundary of Fairview Avenue/U.S. Hwy. 30; THENCE South 89°32'56" East 10.00 feet along said Northerly boundary; THENCE North 00°26'58" East 7.00 feet to the Southerly boundary of Parcel 'A'; THENCE South 89°32'56" East 230.00 feet along said southerly boundary of Parcel 'A'; THENCE North 00°26'58" East 3.00 feet to the southwest corner of Parcel 'B', also said point being the REAL POINT OF BEGINNING; THENCE South 89°32'56" East 506.68 feet along Southerly boundary of Parcel 'B'; THENCE North 00°23'38" East 328.27 feet along said Easterly boundary; THENCE North 59°53'42" west 582.68 feet along said Northerly boundary; THENCE South 00°26'58" west 616.56 feet along said Westerly boundary of Parcel 'B' to the TRUE POINT OF BEGINNING, comprising 239,266 square feet (5.50 acres), more or less. I:\Proj ect\0947.0003 \W ord\Bl anketW aterL.egal.doc •=Z •00 Exhibit B ~~ I I ~ SW 1/16 COR. SECTION 5 NO7 FOUND OR SET - N89'48'S5 "W T J26.44' ~ 1291.44' ~ ~-,< _ . O~ r 1NSTR. NU. 93067C2 ~I TO' ~ ~ 559'53'!2": 77.57' ~ ~ FOUNDi.~2~NORTH OF '•RUE .CKNEH / r EGFND • Z I a FOUND BRASS CAP '' • FOUND 5/8" DIA. IRON REBAR ~ FOUND 1/2" DIA. IRON REBAR v I ~ • SET 5/8" D1A. IRON RE3AF. MiTN YE:lOW ,~ PLASilC CAP INSCRIBED "Nd+4 PAGFIC 737" 'o `~ a CALCULA7tD PO/NT ~ I ~ (XX) RECORD/DEED DATA m ~i~ II o .? o C.Z. W O ~ ~ C W U ~ ti U O~ .I 41• ~I z 7 I $ ~ ~ t.a. 7 8 l I ;~ ~'•~~- 0. I O I V! ~ ~ r` I 0 N -i PARCEr' A `~° h 157.556. sq. ft. ~" I ~ 3.62 ocres ~~ ( I ~ 2 ' N89:3Z'S6'W I 125O.3T ~ I p fNSTR. NO. 380794 n~ ~ ~ u~ 1326.31' E 1/16TH 5.5/5.8 !-- N89'48'S5"w 10.00' 589'48'55 "E 7.00' G~rAPHlC SCALE ,m o .~ ~. m ~ fNSTR. N0. '?54017 ~~'O7t. „ oo. ~tyyj'?~F e'oo i Cfj.~. NO0'!4'27": 50.21' SOD cu Ip PARCEL 8 239.266 sq. it. 5.50 acres ROADWAY DED1CA71ON l F'~T ) t inen ~ 700 /L 10.00' ~y ~~ ' k~`1 ~5 ,.,~ ~r O ~~. m n ~ .. `~5 N h N n 230.00' / ~Nedirit'E 30.d9' Nd9~2'S6'W 73Q.6D' (736.70') -~ ~~ CENTER L1Nf FA1RVlEw AVENUE/ U.S. HWY. 30 589'72'56"E SECTION UNf N89 59'16"W 13?6.3?' 589 J2'S6"E 10.00' SW COR. SEC. 5 ~P.dE ~921J.398 PLEASANT VALLEY SUED. _. PLAT BK 12 PG. 665~_-