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Water Main Easement with Bayside Capital Co., a Nevada Corporation for Bayside Taylor Commerce Park SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I 9018E IDAH01?J22110 11:57 AM DEPUTY Ylcki Allen RECORDED-REQUEBt OF III IIIIIIIIIIIIIIIIIIIIIIII~I II I I III Ciy of Meridian 110120564 WATER MAIN EASEMENT THIS INDENTURE, made this ~~ day of M~~ , 20 ~ " between Bayside Capital Co., a Nevada Corporation ,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 underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines 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 water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains 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 after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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. Water Main Easement Bayside-Water-Ease-Lot-1 l-Agree.doc 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: Bayside Capital Co., a Nevada Corporation John B. S~hubin, President STATE OF IDAHO ) ss County of Ada ) On this ~ day of ~ , 20 ~, before me, the undersigned, aNotary Public in and for said State, personally appeared John B. Schubin, 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 wr~t~~: ,,,,~ s ~ $ '~ •'" a «-) r~ : b Water Mang F,g ~N `'° p ~~~ ~~ is~~N~ ~ , ea <,~r~q TE ~F ~, s j,e~ °'°~reenu~~~~ NO A Y PU LIC FOR IDAHO Re ' at: l+~l~ Commission Expires: 6'1'13 Bayside-Water-Ease-Lot-1 l -Agree.doc GRANTEE: CITY OF MERIDIAN .,1~~1K ,~~~,, ,,I1,, Tammy d erd, Mayor ,~~~~.~ OR~~ ~~~~~~~,~~~~~ 2~'O ~° TFO Attest by ycee L. Holman, City Clerk SEW ~ _ .9 ~ q Approved By City Council On: ~' ~s~ `~ ` ~ STATE OF IDAHO County of Ada ss ///~II1111111VIV 1 ~`;\\\\\ ~~ On this ~ ~ day of ~,~~ em 4~~/, 20~_, 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. •...... •51CA JO,~•. ~,- ~~~AR~'•~•~ . , . , . ~ ~ • . , G, ~o. ~i- .,~~~~• ,L, NO ARY PUBL C F AHO Residing at: ~ lal.~ ~ 1~ Commission Expires: ~ Water Main Easement Bayside-Water-Ease-Lot-1 l-Agree.doc Project. No.: 3314 Date: March 18, 2010 TEALEY'S LAND SURVEYING 187 E. 50th Street • Garden City, Idaho 83714 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION OF CITY OF MERIDIAN WATER MAIN EASEMENT AT LOT 11, BLOCK 1 BAYSIDE TAYLOR COMMERCE PARK SUBDIVISION A parcel of land being a portion of the East 1/2 of the SW 1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at an aluminum cap marking the Southwest corner of said East 1/2 of the SW 1/4 of Section 12; thence along the West line of said East 1/2 of the SW 1/4 of Section 12, which is also the East line of Creamline Park Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 99 of Plats at page 12784 North 00°01'00" West 986.28 feet to a point; thence leaving said West line South 90°00'00" East 126.50 feet to a point; thence South 79°56'22" East 31.48 feet to a point; thence South 90°00'00" East 149.91 feet to the POINT OF BEGINNING; thence at right angles North 00°00'00" East 147.93 feet to a point; thence at right angles North 90°00'00" East 20.00 feet to a point; thence at right angles South 00°00'00" West 147.93 feet to a point; thence at right angles North 90°00'00" West 20.00 feet to the POINT OF BEGINNING. Said Parcel of Land Contains 2,959 Sq. Ft., more or less. ,~~~-~~,5 ~.~. ~~~ 3314-seperate-water-ease-desc.doc-jdw Page 1 of 1 WATER MAIN EASEMENT FOR i i i i i -1 i~ CITY OF MERIDIAN ~ j I I AT LOT 11, BLOCK 1 I I BAYSIDE TAYLOR COMMERCE I I I PARK SUBDIVISION I ~ ~ A PORTION OF THE EAST I/2 SW I/4, SECTION 12, I I T.3N., R.IW., B.M., I I MERIDIAN, ADA COUNTY, IDAHO I I `'~' I -~., ~ I I ~ N 90°00'00" E 20 00' .r- I . ."%+' '' I I EXISTING FIRE ' '~:'" _ ~ . ' ~ ~ I HYDRANT & WATER MAIN 10.00' ; 6 I ~ AREA IN EASEMENT ~ ~- ~ ~ I - 2,959 SQ. FT. I ~ w 3 I I II o o 0 0 I I o 0 0 I I I ( S 79°56'22" E 31.48' P.O.B. o° o° I I z cn S 90°00'00" E_I26.50 _ 1~ 9 ° ' " ' 1 - - N 0 00 00 E 149_91 I ~---- I PROPOSED CITY OF ° J ~° MERIDIAN WATER AND N SANITARY SEWER N EASEMENT. ~ - N C ~ J 3 - 0 ~~ ~--- I I ~ J 4 O - - - - - - - O o N. ° ~ ~~ ~; Z o ~L ~ ~°~ ~ ~- N 90°00'00" W 20.00' 1/16 COR I I 12 1325.68' ~~ _ _ _ 1325.55' 12 14 13 N 89°49'00" W 2651.23' 13 I 3314-Ease-020310.dwg 03-18-10 15:09:49 JWargo ~ ~ ~ ~. ~ ' ~.,,. ~.ti ~ 0 30 60 120 ~~ SCALE IN FEET I" = 60'