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Water Main Easement with ST Investments, Inc. for Fast Eddys Chevron Overland RdADA COUNTY RECORDER Chrisropher D. Rich AMOUNT .00 BOISE IDAHO 06123/11 08:64 AM RECD DEQ ~ R QUEST OF II I I I II I II I II II II I I II IIIII I I II I I II III Meridian City 111 ~s~7se WATER MAIN EASEMENT THIS INDENTURE, made this 25th day of May, 2011 between ST Investments, 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 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 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 Water Main Easement water line easement.doc 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: ST INVESTMENTS, INC. President Address ,. ~~ Secretary STATE OF IDAHO ss County of Ada ) On this da of ~ 20~' before me Y > an ~ sai State, personally appeared ~ known or identified to me to be the President the undersigned, a Notary Public in and d Secretary, respectively, of the corporation th executed the within instrument, and acknowledged to me that such .corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand a axed my official seal the day and year fist above # n. '~~ k ~v~ A) TARY PUBLIC F ~ IDA ~"' ~ Residing at ~ ~1 '~~~ L1C „ Commission Expires: 2 q .•' Water Main Easement water line easement.doc GRANTEE: CITY OF MERIDIAN Tammy d~W~erd, Mayor ~kietstl~¢~~t, \~ Y~~O, ~° ~ ~` °.~ x ~.~,j ~~ ~'~" ,~ W ~ ~ ~ w ~' '{ ~I~ / ~,t Abe ~ h ~... ~a i ,,,, .,,, «,,,., b ~~ ~. s~ ``~~ Y4, ~ ~` A~~ ~ ~ V fittest ~ Jaycee L. Holman, City C~~r~~~~~~t ~~~ ~ ~ ~~ ~ ~~~~ ,..,... j - ~~~ ~, ~~ ~~ ~ ~ ~~ ~~~ 9 ~~°~ pp Y Y ou c P k. ~,,~ o2C~ A roved B Cit C nil On: `~ ~~n + ~ 4~~~~ STATE OF IDAHO County of Ada ss On this ~ da of ~ 20 l before me the undersi ned a Notar Y ~ ~~ ~ g ~ Y 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. r ,~~s~~~• ~,..... *'G~J~~~~•. ~ti, BAR '~.c~ ~- ~ '~ `~ NO RY PUBLI OR ID 0 •~~~ ~ • ;'~;~ SEAL) Residing at: ,~ Commission Expires: i ~~ ~ ~, ~ ,+ ,, ,,~ ~~~~~ ~1'E _O~ •~ 1~ f~~~~,• Water Main Easement water line easement.doc ENGIN~6RING Date. 05 f X8/.1 project No.: 11-0~4 EXHIBIT 'A' LEGAL DESCRIPTION FOR A WATER LINE EASEMENT a ~1`ater Line ~asernent being a pardon ~f the ~I11/~ of the N'`~~4 of Sectiar~ ~~, Tv~un~hip IUarth~ Range . East, 0~aise Meridian, ~i of It~+~ridiar~ ~da~ ~ount~-ldaho and being r~c~re particularly d'escrihed ,as follows: Thence along said vuesterly line X14°27'35"E a distance of 10.00 feet to ~ paint Thence heaving said vu~stery line S75°3225"I' a distance of 24.7 feed to a point; Thence N1~°~T35"W dl~tance of X0.00 f eel to a poir~~ Thence N7~°32'25`'E a distance of 20.75 feet to the ~ ~F ~EGINNII~~.. laid t~llater ~.ine Easement cont,~ining 2Q s~~uare feet more or less and is subject to all e~i~tin easements and or ri~hts~of-v~ray of recnr~ or ~ple~. Attached hereto is Exhibit `' and b~~ this reference made a part hereof.. R ~~ir~~ ~• ~~t ~~ ~~~~~~ nnpp~~ VV~~ ~~~ + ry ^ ~ ~T ~~ ~ / ~ r~~ ~ s. ~r\J11~ f: s. s /~,~ ir~r ~ a ~ ~ ~~ !!~~~~- M~ ~ ~~ i~iM ~ s "` ~ ~. ~. ~ ~~. ~. I ~> M .. 1 ~ ~ ~: ~ . ~~ ~. ~ ~~ ~ 5 ~ ~~~'~ ~„ ~ . ~, ~ ~ ~ ~ ~~ l . * ~~ ~t~~ Y'• , ~. 11~i\~~~ t * ~~ ~" ~~ .: ~~ + • ~'"~ ~ ,~ G o . '~ ~"~ iJ 1 t ~~~ w~s'urNw •riw`~w~w _. w.W.W.... ,...,. 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