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Water Main Easement with JLJ Enterprises, Inc. for Larkspur Subdivision., ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 09!15!10 01:53 PM DEPUTY Gail Garrett II I IIIIIII'I~'IIIIIIIIII II I'I"I ~I ~I~ RECORDED-REQUEST OF 1104~86~~7 Meridian Ciity WATER MAIN EASEMENT THIS INDENTURE, made this 3rd day of September, 2010 between JLJ Enterprises, 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 main 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 ofthe 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 construction, operation, maintenance, repair, replacement 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, additional connection thereto, 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 after construction, making repairs, performing other maintenance or making subsequent connection to the water line, 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. 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. Water Main Easement EASMT WTR.doc 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. IIV WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. STATE OF IDAHO ) ss County of Ada ) On this ~_ day of ~~t-'~ VJ~3~ 20 jam, before me, the undersigned, a Notary Public in and for said State, personally appeared James L Jewett, known or identified to me to be the President 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. T -' NO ARY PUBLIC FOR IDAHO Residing at EMY~~.~ ~ Commission Expires: ~, ~ ~ ~l L, Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN .,~11 Tammy def rd, Mayor , ~ ~~ o4~oRq T~ ~~' =% rj ~ ~~ SE,A.L C7c,~ Attest by ycee L. Holman, City Clerk ~~~r ts~ ~ ~~ '~~,'y Arrroved By City Council On: STATE OF IDAHO ) ss County of Ada ) On this _~_~_~ day of~~, m ~ ~r; 24 ~ ~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. 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. •...... .•'1CA Jp••• ,. . 5,.- ~, ,y~ ~p TA~~,~~ ~ rJ ARY PU I DAHO (SEAL) ~ ~ Residing at: ~~~~a~~ ((~ ~, ; Commission Expires: , L~_,an! • ~ ~ • •'~9~E ~~ 1~.•~ •~~a~~•• Water Main Easement EASMT WTR.doc P: (208? 396-81 D4 F: (2081 ,348-81 OS 2t7? W. MAIN ST, EMMETT, ID 8361 ? EXHIBIT A CITY OF MERIDIAN WATER MAIN EASEMENT DESCRIPTION Job # 100 12, Larkspur Subdrutsron No. 3 A portion of Lot 5 of Edmonds Subdrvrsron as shown rn Book 33, at Pages 2050 through 205 I ,Ada County Plat Records, w+thrn Government Lot 3 of Sect+on 19. T.3N., R. I E., B.M., Gty of Meridian, Ada County, Idaho, more particularly described a5 follows: COMMENCING at a found aluminum cap (Corner Record Inst. No. 9 i 49706) marbng the W I /4 corner of said Sect+on ! 9; Thence South 0°56'09" West cornudent with the West Ime of card Government Lot 3, a drstance of 1330.58 feet to a found 518" rebar (no cap) marking the southwest corner of said Government Lot 3; Thence South 89°59'0 I "East coincident with the South Ime of card Government Lot 3 of Section 19, a drstance of I 126.73 feet to a found 5i8" rebar/cap PLS 443 I mariung the southeast corner of Lot 6 of Edmonds Subd+vrsron and of said Government Lot 3; Thence North 0°45'52" East, coincident with the East line of card Lots 5 and 6 of Edmonds Subdivision and said Government Lot 3, a drstance of 5 14.00 feet to a set 5/8" rebar/cap PLS 10782; Thence North 89° 14'08" West, ! 14.00 feet to a set I /2" rebar/cap PLS 0782, and the POINT OF 6EGINNING; Thence North 89° 14'08" West, 46.00 feet; Thence South 00°45'52" West, 56. 17 feet, to a 277.00 foot radius curve to the right; Thence along said curve, an arc length of 17.96 feet, through a central angle of 3°42'55", subtended by a chord which bears South 02°37'20" West, 17.96 feet; Thence South 04°28'47" West, 73. 15 feet, to a 322.80 foot radius curve to the left; Thence along said curve, an arc length of 20.93 feet, through a central angle of 3°42'55", subtended by a chord which bears South 02°37'20" West, 20.93 feet; Thence South 00°45'52" West, 257.21 feet, to a 77.00 foot radius curve to the right; Thence along said curve, an arc length of 7.69 feet, through a central angle of 5°43'25", subtended by a chord which bears South 03°37`35" West, 7.69 feet; Thence South 06°29' 17" West, 58.49 feet, to a ! 23.00 foot radius curve to the left; Thence along said curve, an arc length of 10.84 feet, through a central angle of 5°02'53", subtended by a chord which bears South 03°57`50" West, 10.83 feet; Thence South O I°26'24" West, 14.33 feet, to a point on the South Line of said Edmonds Subdivision and of said Government Lot 3; Thence along said South Line, South 89°59'01 "East, 46.0 ! feet; Thence North O !°26'24" East, 13. 19 feet, to a 77.00 foot radius curve to the right; Thence along said curve, an arc length of 6.78 feet, through a central angle of 5°02'53", subtended by a chord which bears North 03°57'50" East, 6.78 feet; Thence North 06°29' 17" East, 58.49 feet, to a 123.00 foot radius curve to the left; Thence along said curve, an arc length of 12.29 feet, through a central angle of 5°43'25", subtended by a chord which bears North 03°37'35" East, 12.28 feet; ~ ~ - - Thence North 00°45'52" East, 257.2 I feet, to a 276.80 foot radius curve to the right; Thence along said curve, an arc length of 17.95 feet, through a central angle of 3°42'55", subtended by a chord which bears North 02°3720" East, 17.94 feet; Thence North 04°28'47" East, 73. 15 feet, to a 323.00 foot radius curve to the left; Thence along said curve, an arc length of 20.94 feet, through a centra! angle of 3°42`55", Subtended by a chord which bears North 02°3720" East, 20.94 feet; Thence North 00°45'52" East, 56. 17 feet, to the POINT t7F BEGINNING. Contammg 23,758 square feet, more or less. ~t.,}~.;,~I, L.n,Vr~ n ~~,~ k,~1ST~'f ~~`'l ' W ~ °" .~ ~ "! tlrrt9n X23°z°~ ~ - :~ .> ~Xi"1 /BIT B -~~ ~pMONOS SUODI~510N a Lp7 5. ~-~ 3 LARKSPUR 5U801V1SlON No. 3 (PROPOSED} WITHIN GOVT. LOT 3, SECTION 19, ~ ~ ~ T3N, R l E, B.M., CITY OF MERIDIAN, ~ N89',41~8'W a~i4~~W ADA COUNTY, IDAHO ~ I~ 46. ~I,~ °~°"""~ LINE TR6LE UNE BL'%tRING ~~ DISTANCE L8 N O f °26'24' E ! 3.19' L9 5 O I °2G'24' W ! 4.33' CURVE TABLE ~ ~ I ~~ "~, ~ ~ r ~ t T U,( U T m I~ v~l~ , ~n ^~~ ~ ~ 1~ ~ Ud T ' T~ I i I I I 1 I p ~- ~ ~ I , :.. N . N ~ U ~ LCNGTF! CI10R0 LENGTPf CI! 9EARlNG DELTA ANGLE C7 323.00' 20.94' 20.94' N 02°3T20` E 3°42'55' C8 276= ! 7.95' 17.94' N 02 3 T20' E 3 42'55' 9 ! 12. 9' J ,28' N 0 3T35' E 5°43'2 ' C10 77.00' 7.69' 7.69' S 03 3T35° W 5°43'25" C11 322.80' 20.93' 20.93' S023T20"W 342'55` CI2 77.p0' 17.96' f 7.96' S 02 3T20' W 3°4255' C!3 123,00' 10.84' J .83' S03°5T50'W 5 253' 14 77.00 6.78' .78' N 03.57'50' E 502'53" ;I NI ~ ir: f~ ~ ~ ~ I ( }~ Iw ~I l +o ~ Ih I ~ Cl 10 v~ ~ 97., ~I 12 y ti 77 h I 2 I N ( I 4`° ~L , 1 _~'' ~ I ~ ~ 0 ~~,' ~ 1 ~ fit, '_~ 24 , 9 0 ~ +x ~ r/4 CORNER ~ $ ROUNO ALUMINUM CAP j U ~ ~~yy`~ ~p COR. REC. INST. NO. r` h ~M ~ ~ ~~ p+~ ~ ~ ' ~fi i h ~ ~ ~ 2` J x~~ ~~ {' 51/J6CORNER POUND 5/8' REBAR Cl3 G 14 ~ . .i . , ,, . ' m ' `' y~ .,___.... ~~23~~.~~ -y~-- _ - 46.01 .--- ' ° ' -- _ - _ 065ERVATION S 89 59 01 E t l 26.73' SITTERBRU571 FOUND 5/8" ~~ POINT RESARlLAP St1F3. ~ ° ' 8O~ ~ PL5 443 J 5E PROJPC7: OWNeR/DEVeLOPeR: LARKSPUR SUBDIVISION NO. ~ AIM ~~ CITY OF MERIDIAN ~ 560 ~ CAROL 5T WATER MAIN EASEMENT MERIDIAN. ID 83642 t2o8) ~g~}_~70 207 W. MAIN STRiET i?w~,r r`MMFTt; iD 836 l 7 ~ oo' ~-~ P: (2081 398-8 1 04 PRO~ecrx F: (208) 398-8 i 05 ~ O0 ~ 2 ,~r_~=. y ~ _.c sneer DATE: 8/23!2010 ~~~ WWW.SAWTOOTi1L5.COM 1 of