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Water Main Easement with Eisele, Steve and Linda for Pine and LinderADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 09121111 10:20 AM DEPUTY Bonnie Oberbillig III I I II I II I II II VIII I ~ II IIII I II I ~) III RECORDED-REQUEST OF 111~7~~74 Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of 20~between~ r~ -+- L~r~d. E~~21~he 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 necessaryto 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 constructioq operation, maintenance, repair, replacement ofa 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,togetherwith 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. I'I' IS EXPRESSLY UNDERSTOOD AND AGREED, by and betwe~7~t~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 adj acent property to that existent prior to undertaking such constriction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacingor 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 covenantwith the Grantee thatthey are lawfully seized and possessed of the afore~nentionedand described tract of land, and that they have a goad 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 ofthe firstpart have hereunto subscribedtheir signatures the day and year first herein above written. G OR: Steven and Linda Eisele Address STATE OF IDAHO ) ss County of Ada ) On this I ~ day of , 20 t ~ before me, the u der_signed, a Notary Public in and for said State, per nally appeared a a re ~~~ ~~1n C~ _ . _ (1 n 1 proved to me on the basis of satisfactory evidence to be the perso~t(s) who name(s) is subscribed to the within instrument, and acknowledged that he (she) (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea] the day and year fist above written. _ ~ 'y~~. Residing at _ ~p?ARy Q2L Commission ~~ Pve~~~ ~o ~,. ~ shoe ~~P•°~ Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN ~~' ,~ _ Tammy d rd, Mayor ~~''.~ ~I_ ~ _ , _` ~ i ~ ~. est b a cee L. Holman, City Clerk ` ~~J ~." r, ~~; ,tv; ; Approved By City Council STATE OF IDAHO ) ss County of Ada ) / . R ~~rrr;rt~~~i nEf~~`~~\ .~_~ On this ~~ day of S~Q}ernbeil , 20 I ~ ,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. ~1~~ *~ ~. . , s ARY PU R IDAHO Re ding at: I~-(P~ ~d~ ~ C.^.mmission Expires:~~~ ~~ Water Main Easement EASMT WTR.doc POTABLE WATER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO EASEMENT NO.1 An easement for potable water purposes located in the NE '/a of the SE % of Secton 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE '/ of the SE '/, from which a brass cap monument marking the southeasterly corner of the SE of said Section 11 bears S 0°31'38" W a distance of 2646.02 feet; Thence S 0°31'38" W along the easterly boundary of said NE '/a of the SE'/4 a distance of 283.00 feet to a point; Thence leaving said easterly boundary N 89°11'18" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°1 l' 18" W a distance of 24.00 feet to a point; Thence N 0°31'38" E a distance of 19.59 feet to a point; Thence S 89°28'22" E a distance of 24.00 feet to a point; Thence S 0°31'38" W a distance of 19.71 feet to the POINT OF BEGINNING. This parcel contains 472 square feet (0.011 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 21, 2011 133d1S 3N/d Z ~ p -- ~_ _ ^~i o~ o I ~ I Wo W 3, I ~ Q 3 Np ."~1n W Q I ooo, ~N o ~o° O I ~ ^ ~ y ~ h ~W o ~ ~ ~ w ~~ = I I = ~ ~~ ti w hm S ~ o~ ~~\3 ~ ~^ ~o O ry h~ = I ~ N Z o W a =a W 3 m O 00 = ~ ~ a V "~ o I Z ~~ I ~ I ° o ~ I 3 0 0 Ot~01/ N/7)1Nb2~ -- N_ d M PROJECT: DESCRIPTION: FILE: M:\06017\SURVEY\CONTROL.CGO UNITS: U.S. SURVEY FOOT INSTRUMENT SETUP Instrument point: Backlight point: Backlight Bearing: Remarks: TYPE FROM TO DIRECTION INV 103 886 S 00° 31' 38.1" W INV 886 748 N 89° 11' 18.2" W INV 748 905 N 69° 11' 18.2" W INV 905 907 N 00° 31' 38.1" E INV 907 908 S 89° 28' 21.9" E INV 908 798 S 00° 31' 38.1" W INV 748 886 S 89° 11' 16.2" E INV 886 103 N 00° 31' 38.1" E Perimete r is: 767.298 Area is: 971.563 Squ are feet Area has been reset. 103 709796.3280 103 709748.3280 N 00°00'00.0" E EASEMENT N0. 1 Thursday, July 21,2011 8:97 AM PAGE 1 2499357.7510 2586.20 AC 1/4 COR SEC 1 2499357.7510 2586.20 AC 1/4 COR SEC 1 Distance: 0.000 DISTANCE NORTHING EASTING 283.000 709965.3400 2999355.1468 57.000 709966.1979 2949298.1521 29.000 709966.4673 2499274.1592 19.589 709486.0754 2449274.3395 29.000 709485.8595 2449298.3335 19.708 709466.1474 2449298.1521 57.000 709465.3400 2449355.1468 283.000 709798.3280 2449357.7510 0.0108 Acres CERTIFICATE OF SUBSTANTIAL COMPLETION DATE OF ISSUANCE: Seotember 1.201 I OWNER City of Meridian CONTRACTOR Contract: Water Line Replacement- E State Avenue Project: Water Llne Replacement- E. Stele Avenue Project No. 10172b This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: McMaster Construction end Development Inc CONTRACTOR From: OWNER The Work to which this Certificate applies has been inspected by authorizedrepresentatives of O WNER and CONTRACTOR, and that Work is hereby declared to 6e substantially complete in accordance with the Connect Documents on September 1.2011 DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is shown below. This list may not beall-inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Connect Documents. The items in the tentative list shall be conpleted or corrected by CONTRACTOR within 90 days of the above date of Substantial Completion. 1) Complete all permanent surface restoration duties on elf disturbed areas within the project limits(Privale and Public). 2) Obtain and submit to the CITY a Property Owner Release Form signed by McMaster Construction and Development, Inc, and each property owner affected by the project. The following documents are attached to and made a part of this Certificate: 1) Property Owner Releese Form [For items to be attached see deJinitfon ajSubstantiat Completion as supptemenled and other spec~cally noted conditions precedent to achieving Substantla! Completion as required by Contract Documents,) This certificate does not wnstituta an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by OWNER on: / - / - ZO// Date City of Meridian owt~/sJR BY: _ ~ lJ• uthoflzed Slgneluro) CONTRACTOR accepts this Certificate of Substantial Completion on ~ ! ZD Dae McMaster Construction and Development BAI ACTOR By: (Authorized Signature)