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Irrigation Easement with Meridian Dairy and Stock Shows, Inc. for Eight Mile LateralADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 + BOISE IDAH012123/09 02:03 PM RECD DED cREQUEST OF ~II ~~~~~~~~~~~~~~~~~~~~~~~IIIIIII ~ ~~~ C1iy of Meridian 1 El'914~0~60 IRRIGATION EASEMENT THIS INDENTURE, made this 8 day of December, 2009 between the Meridian Dairy and Stock Shows, Inc, hereinafter called the Grantors, and the~City of Meridian, Ada County, Idaho, hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide an irrigation easement on the property bounded and described herein; and WHEREAS, the irrigation easement is to be used for the location of a pump house for the Split Corridor landscape irrigation system, a portion of which is adjacent to property of Grantor; and WHEREAS, it will be necessary to maintain and service said pumphouse 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 an easement for the construction, operation, maintenance, repair, replacement of an irrigation pump house upon the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of an irrigation pump house and facilities, together with their maintenance, repair and replacement atthe convenience ofthe Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance ,Grantee shall restore the azea 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 azea described in this easement that was placed there in violation of this easement. 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 azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they aze 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 wazrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Irrigation Easement EXHIBIT A IRRIGATION EASEMENT DESCRIPTION FOR TiHE "~ • Ci[TY OF 1VIERIDI[AN An easement for irrigation purposes lashed in the NW '/. of Section 18, Township 3 .... North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass ceP monument marking the southwesterly corner of said NW %. from which a brass ceP monument marking tha northwesterly comer of said NW Yi bears N 0°48'48" E a distance of 2654.31 feet; Thence N 0°48'48" E along the westerly boundary of said NW '/. a distance of 1380.03 feet to a point; Thence leaving said westerly boundary S 89° 11' 12" E a distance of 549.64 feet to the POINT OF BEGINNING; Thence S 75°57'23" E a distance of 15.38 feet to a point; Thence S 1 ° 15'51" W a distance of 13.37 feet to a point; Thence S 89°55' 16" W a distance of 15.00 feet to a point on the easterly right-of way of Main Street; Thence N 1°15'51" E along said easterly right-of-way a distance of 17.12 feet to the POINT OF BEGINNING. This parcel contains 0.005 acres (229 square feet) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Ina November 20, 2004 • IN WITNESS WHEREOF, the said Grantor hereunto subscribed their signatures the day and year first herein above written. GRANTOR: MERIDIAN~,A~RY AND STOCK SHOWS, INC ~ Y~ :UIJN, President s STATE'OF IDAHO ) ss County of Ada ) Secretary On this ~h day of ~ ~ C ~~'I t LjQY, 20~ q before me, the undersigned, a Notary Public in and for said State, personally appeared Hans Bruijn and Geny W. Mattison, 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. ••••• I have hereunto set my hand and affixed my official seal the day and year fist above written. ~~~~~ ~-~2~Ce. NOTARY PUBLIC FOR IDAHO Residing at Commission Expires: 0 V / GRANTEE: CITY OF MERIDIAN C~W~/I C ~Ol,~rcf~,t, (~6GT7/lA ~0T ` ,,..~~~uu~1/~~~~ ~' ~,~O1~TFO ~' ~~~-. Attest by cee Holman, City Clerk - - Approved By City Council On: 010 ~~ 3~~ ~ %// 90 ~r 1ST ~\```\ 9 ,~O STATE OF IDAHO, ) ',/'/~~~C~~~ t~~OQ~`a` //llitllltt~ SS. County of Ada ) L`~,~,l.tr! IC.ow~w`^'-On this day of ~2C2.f'~l ~/ , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeazed and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City 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. ~~••••• ~~OT .O~~ (SEAL). S~ 9'~~``~~i NO ARY PUB C FOR IDAHO • ~ x(11; Residing at: ~ ~ ~ ~ Commission Expires: O • ~ ~ ~ Irrigatio`c~ctlC 4 ~ 1 • t EXHIBIT B