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Water Main Easement with Trust B of the Dobaran Family Revocable Trust 609 for Pine and LinderADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 • ~• BOISE IDAH010/12111 12:27 PM ~' DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III Meridian Ciry i i 10826~~ WATER MAIN EA~EI~IENT Dc~~~ THIS INDENTURE, made this ~ da of 2 Y Ol 1 between T RUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the art of the first art and herein p Y p after called the Grantor, and the CITY QF MERIDIAN, Ada Coun ,Idaho the art of the se tY ~ p y cond part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of-wa across a ortion of Y p the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground i eline to be pp 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 Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and conve unto the Y Grantee the right-of-way for an easement for the construction, operation, maintenance, re air and re 1 ~ p p acement 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, re air and p 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 andright-of-way unto the said Grantee, its 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 subse uent q connection to the water line, Grantee shall restore the area of the easement and adjacent pro e p ~Y 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 GRANTOR hereby covenants and agrees that it will not place or allow to be laced an p Y 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 oses stated p~ herein. WATER MAIN EASEMENT - ~ ~y ~~ ~ THE GRANTOR hereby covenants and agrees with the Grantee that should ' any part of the right- of-way and easement hereby granted shall become art of or lie within the b ' , p ~ oundanes o f any public street, then, to such extent, such right-of-wa and easement hereb ran ' . Y y g ted which lies within such boundary thereof or which is a part thereof, shall cease and become nul ' 1 and void and of no further effect and shall be completely relinquished. THE GRANTOR does h ereby covenant with the Grantee that it is lawfull seized and Y possessed of the aforementioned and described tract of land, and that it has a ood and lawful g right to convey said easement, and that it will warrant and forever defend the title and ui , q et possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties have hereunto subscribed their si atures the da and ~ y year first hereinabove written. GRANTOR: TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST Arvella Dobaran, Trustee Address: 6141 N. Gadwall Lane STATE OF IDAHO ) ss. County of Ada ) Garden C ity, Idaho 8 3 714 On this ~ of September, 201 1, before me, the undersi ned, a Not Public in and for said g ~'Y State, personally appeared ARVELLA DOBARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOEARAN FAMILY REVOCABLE TRUST, the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the da and ear fir Y y st above written. _~S~EAL) . ~ ~~. ~. .,~r _ - , 3ENN~' L I3~A~I ~~ LL ~ ~ 7 Notary Public ~tdtr ~,~~ Id~~~{~ tary Publ c or Idaho esidin at: ~ ~ ,~- ~ ~-~ t f1i'.~~ ~' ~ ~ l~ ~~ g Commission expires: o~~r~ss~a~ ~~ WATER MAIN EASEMENT - 2 ~'~ r z, 2ox~~ bt~pl~~t11V~?1~A~1~~~l,lC L'aa~~!-~R~T~R i ti° f -_ .: ~ STATE OF IDAHO County Ada GRANTEE: CITY OF MERIDIAN o~~ED A~C~~' ~G c;~y ~ ammy de W er ,Mayor E IDIAN IpAHO ~~ ~~ ~ ~~ f Abe T~~~'$ ss. Jaycee L. Holman, City Clerk Approved by City Council On: ~~ ~~~ On this day of , 2011, 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 QF MERIDIAN, IDAHO, and who executed the within instrument and acknowledged to me that the Cit of Meridian executed the Y same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the da and Y year first above written. .~•"'•• ,'~ ~~ Q~~i~~~ • ,. _,.~ ~ .~,~ ~ • r .~ f ~ ~ ~~~ 1 ~ "'S' i i1 f ~ ` r. , ~• ,~ .~~ ~, 5237568 I.DOCX K 4 N`` Public fo daho Q Res ding at: ~ ~~ Commission cxpires: ~ ~ WATER MAIN EASEMENT - ~ ~i a POTABLE WATER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO EASEMENT NO. S An easement for potable water purposes located in the NE % of the SE % of Section 11 Township 3 North, Range 1 West, Boise Meridian, Ada Count ,Idaho, more articularl y p Y 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 southeasterl corner of the SE Y 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 % of the SE '/ a distance of 572.40 feet to a point; Thence leaving said easterly boundary N 89°28'22" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°28'22" W a distance of 14.00 feet to a point; Thence N 0°31'38" E a distance of 20.00 feet to a point; Thence S 89°28'22" E a distance of 14.00 feet to a point; Thence S 0°31'38" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 280 square feet (0.006 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 14, 2011 .~ ~'~ 1.~~~11S ~N/d ~ o 0 0 0 N p O ~ II Q ~ ~ ( w U Q I a ~• .~ ~ ~ W ,- ~ ~~ 00 .0 ~ ~o ~ I ~ ~o ~ N ~ ~WO ° ~~ goo `~ o o ~o ~ ~ Q , °~ ~o ~ ~ ~ I ~ ~~ o + l~ OZ Q ° I ~ ~ w r'' ~~ ~~: W ~ ~ ^~ ~ ~' I ~ '~ ~W W~ ZO W ~ o ~' ~ ~ Z 4 ~, - ~ ~ ~ ~ 0~ ~ ~ ~ z ~ ;~ o w ,~ o m w ~ ~. ~ ~ I ~ ~ ~ WW Z 0 I ~ o~ , ~ ~ ~ ~ WQ ~ ~ ~ ~ Z - , ° c ~ O a ~ ~ ~ ~ Z" `'` ~, o ~~ ) __.______ lS._ ~I0/00/g "~ o~ z 0 Ob'O~I N/7~INb~~ ~- N ~~ ~~ ~~