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Waterline Easement with Huskey, Leonard R. for Ten Mile RoadRECaROEO-REQUEST aF r~U'A V417t7~ i i'tE4iVRi}~~{ ~. L7AVtR H!AVARRO ~~~~'. dq~^N~J FEE DEPUTY _~. ~~IIOMY26 ~~~~:22 -~~~ 100040984 ME'~ID1AN CITY WATERLINE EASEMENT f THIS INDENTURE, made this~~ day of~c. , 20~between C-~'~hat,~~ ~. F~ Lt.S ~e,~the parties of the first part, and hereinafter called theme 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 for installation of a waterline right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the waterline is to be provided for through an underground pipeline to be constructed by the party of the first part; 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 waterline 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 domestic waterline 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. Waterline Easement Page 1 990304\EASMT. WATER.mer.4-21-00 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. ~~ ., Owner Owner STATE OF IDAHO ) )§ County of Ada ) ~~ ~t On this .~i _ day of ~ ` , 20 e' U before me th sign , a Notary Public in and for said State, per onally appeared ~ ~ ~ j and ,known or identified to me to be the own s 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. ~`+. /' ' -_, ,~, ,~ = O ARY PUBLIC FOR IDAHO ~ c ~ ~- ~ !~ " ~ i ~~ ~ Residing at ~ . t' , Commission Expires: ~~ Z-I/ `'~ t `! ~ rrw ~ . Waterline Easement Page 2 9903 04\EASMT. WATER.mer.4-21-00 S ` • EXHIBIT "A" DESCRIPTION FOR TEN MILE ROAD WATER LINE EASEMENT April 20, 2000 An easement for the waterline construction, maintenance and operation, located in the SW '/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southwest corner of Section 35, T.4N, R.1W., B.M., thence N 00°53'33" E 1086.47 feet along the west line of said Section 35 to a point; Thence S 89°06'27" E 25.00 feet to a point on the easterly right-of-way on Ten Mile Road, the REAL POINT OF BEGINNING of this easement description; Thence N 0°53'33" E 166.85 feet along said right-of-way to a point; Thence S 44°00'00" E 42.51 feet to a point; Thence S 0°53'33" W 106.85 feet to a point; Thence S 46°00'00" W 42.35 feet to the REAL POINT OF BEGINNING of this easement description. Michael E. Marks, P.L.S. No.4998 ;r,~',~L1•A1V,p a~,~y B. 990304\waterline. eas. des ~~ EXHIBIT "B" 1/4 CORNER 34 '35 MINI STORAGE N. --~ R.O.S. N O. 4717 ~ iii°1 °TTED CITY OF MERIDIAN UNPLATTED ~I i Q ~. O t0 ~\ SIN ~, \W I W ~~~o J r~ ~ °o- - M r ~Sr°o. I 3 F Z ~ 11. WATER LINE EASEMENT ~ I O a 301 M~ I Z I~ I e' o WATER LINE I °o'-' I J, v, •~ 2~ 'Oo S 89°06'27' E a o00 zs,oo- ~a~ ~^ .o 0 ~~ W. USTICK ROAD J 34 35 3 2 REVISI^N PERMANENT WATER LINE OPERATION & RIGGS ENGINEERING, INC. CONSTRUCTION EASEMENT SHEET SW 1 /4 SECTION 35, T.4N., R.1 W., B.M., $ R IG G S I of 1 MERIDIAN, ADA COUNTY, IDAHO (208)344-9700 990304WATE DESIGN DRAFT SCALE DATE DWG,N^, 1800 W. OVERLAND ROAD MEM 1" = 100' 4/20/2000 990405 BOISE, IDAHO 8370s