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Water Main Easement with Statewide Mortgage Services Company, Inc. for Washington Federal,,1 . ~ r a t a ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 f BOISE IDAHO 0811?J09 03:45 PM RECORDED nREQUEST OF II I I' II'I I II I'I I II I I'I I II II II'I II I'II Meridian City 1 ~`~~~'~~"~~ WATER MAIN EASEMENT THIS INDENTURE, made this 27 day of July , 20 0~_between STATEWIDE MORTGAGE SERVICES COMPANY, INC. ,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 is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to 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 at the convenience of the Grantee 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 main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of water mains 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 after making repairs, performing other maintenance or making subsequent connection to the water main, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. City of meridian, Idaho Water Main Easement EASMT.WTR 1-29-09 1- 29-09.doc . 4. ' ~~ THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. 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. GRANTOR: STATE OF IDAHO ) ss County of Ada ) On this 27 day of July , 20 O9 ,before me, the undersigned, aNotary Public in and for said State, personally appeared Robert Link and Challis Loveland known or identified to me to be the Authorized respectively, of the corporation that executed the within instrument, and Signers acknowledged to me that such corporation executed the same. IN WITNESS W~~OF, I have hereunto set my hand and affixed my official seal the day and year fist above0ii~e~i. ~ Iy~ °®ao® ® ®`~ ~' Z TARY PUBLIC F IDAHO ~® ®®® ® ®~ (SEAI.r~, ®~ ~ Residing at: Boi e ~® ® ~ ~, ~ ,o ®~~ Commission Expires: 8/ /11 ~' ®® ®~. ©®~ ®®® 0~~'' ; City of mer i~d~~ ®~ d•` Water Main EaS~d®a®~®®s®`® EASMT.WTR 1-29-09 1- 29-09.doc ' GRANTEE: CITY OF MERIDIAN ~~_~ Tammy de W ,Mayor Attest b ycee L. Holman, City Clerk Approved By City Council STATE OF IDAHO ) ss County of Ada ) ~` ~ ': ~~ G` owPa~~, 9y ,~ Fo SEAL ~~~ O ~~ On this ~ ~ day of ~ ~ , 20 ~ , before me, the undersigned, a Notary Public in and for said State, personally appe TAMMY DE WEERD and JAYCEE L. HOL,MAN, known to me to be the Mayor and Ciry Clerk, respectively, of the Ciry of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) • ~~A a~~ ~ '4 ~~ 1~ • ~ • r , ~ ;C~ i ~' ixi ,s, ? i ~ _'F ; • ~ • •~D~I-i0 ~ ~•. City of meridian, Idaho Water Main Easement 29-09.doc OTARY PU IC FOR IDAHO Residing at: ~~C~1,~.~ Commission Expires: 1Ci l~ EASMT.WTR 1-29-09 1- .1 <e ~ ~. .- ^ , DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT AT WASHINGTON FEDERAL SAVINGS A parcel of land being a portion of Parcel G, as shown on Record of Survey No. 7377, filed for record in the Office of the Recorder for Ada County, Idaho under Instrument No. 106072793, lying in the NW 1/4 of Section 18, T.3N., R.1E., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: BEGINNING at the Southeast corner of Lot 32, Block 2 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Pages 8191 & 8192 in said Office of the Recorder for Ada County, Idaho; thence along the Northeasterly line of said Parcel G South 45°05'49" East 14.01 feet to a point; thence along the East line of said Parcel G South 00°27'58" West 10.00 feet to a point on a line that is parallel with and 20.00 feet South of the North line of said Parcel G; thence along said parallel line South 89°20'24" West 160.05 feet to a point; thence leaving said parallel line South 44°52'31" West 36.40 feet to a point; thence South 00°24'38" West 62.62 feet to a point; thence at right angles South 89°35'22" East 10.00 feet to a point; thence at right angles South 00°24'38" West 10.00 feet to a point; thence at right angles North 89°35'22" West 10.00 feet to a point; thence at right angles South 00°24'38" West 33.85 feet to a point; thence North 89°20'24" East 10.00 feet to a point; thence South 00°24'38" West 15.19 feet to a point; thence at right angles North 89°35'22" West 30.00 feet to a point; thence at right angles North 00°24'38" East 129.65 feet to a point; thence North 44°52'31" East 52.75 feet to a point on said North line of Parcel G; thence along said North line North 89°20'24" East 158.61 feet to the POINT OF BEGINNING, Said parcel of land contains 6,891 square feet, more or less. W:133251Docs~3325-water-ease.doc - jdw J i ~ i 2 x ~ N ~0 N .o 3 io m ~r N O O E. FRANKLIN ROAD _ ...-- P.0.8. \\\ - ~ ~ ~ ~ SE CORNER -~ , S 45°05'49" E, HOid '•i ;':=,::F, i._i.. ,... LOT 32 \ 14.01' .:?!i's Vii? ..:li;i•i i•li:. .. :?:_,,.... .. N 89°20'24" E 158.61' I h" • ~~ ti3 °h ~~~ ~~ ~~~ ~~~ ~ti ~~° O N l.il co m N e O O Z S 89°35'f / 10.00' EXHIBIT 99 99 CITY OF MERIDIAN WATER MAIN EASEMENT EXHIBIT AT WASHINGTON FEDERAL SAVINGS SITUATED IN LOT 24, BLOCK 2, HONOR PARK SUBDIVISION No. 3, LYING IN THE NW I/4, SECTION 18, T.3N., R.IE., B.M., MERIDIAN, ADA COUNTY, IDAHO AREA IN EASEMENT S 00°27'58" W 6 891 SQ. FT. •10.00' S 89°20'24° W 160.05' ~ {.~...`~ ................. i I , ' ~ ~ ................. ... o ,~ i f ~ ................. . \~;~~j • ~ I .................... I _ \ pROPOSEb ~ / I O WASHINGTON .................... F~p~RAL ~ .. 1 ~ SAVINGS ~ ................. ~ 00°24'38" W _ '- 3r _ 10.00' ~ ' ''"~ ch 10.00 ~ ~ . a N 89°20'24° E 10.00' ``~.~- --.. 00°24'38" W `15.19' 89°35'22° 3325-Ease-Exhibits.dwg 07-24-09 10:37:19 JWargo /Y. ~l 0 15 30 60 SCALE IN FEET I" = 30' -~, ~_- _~~~ ~. ~~ ~~ ~~. . A, ~ ~i