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Water Main Easement with Trust B of the Dobaran Family Revocable Trust 608 for Pine and Linder-~ ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 BOISE IDAH01011?J11 12:27 PM DEPUTY Bonnie Oberbillig III I'IIIII'IIII'llllll'll'I~III'I I III RECORDED-REQUEST OF Meridian Ciry 111082~~8 WATER MAIN EASEMENT -_ _ THIS INDENTURE made this `~` da y of '~+n~er, 2011, between TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the party of the first art and hereinafter p ~ called the Grantor, and the CITY OF MERIDIAN, Ada Count ,Idaho the art of the seco Y ~ p y nd 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 P replacement of a water main over and across the following described pro e p ~Y• (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and o eration of a water line and ... p 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 and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the arties hereto that . p after construction, making repairs, performing other maintenance or makin subse went g q connection to the water line, Grantee shall restore the area of the easement and ad' acent ro ert J p p Y to that existent prior to undertaking such construction, repairs and maintenance. However Grantee shall not be responsible for repairing, replacing or restoring anythin laced within the gp area descnbed 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 - THE GRANTOR hereby covenants and agrees 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 o f 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 GRANTOR does h ereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it 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 have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST By Arvella Dobaran, Trustee Address: 6141 N. Gadwall Lane Garden City, Idaho 83714 STATE OF IDAHO ) ss. County of Ada ) On this of September, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared ARVELLA DOBARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. w[.waayyyy~y~y~M.w.lyyy,~wn.~.. a~ ~... ._ ..__ -. ~ ~L ~~~z~~.l. ~ _ otar Public L~ ~_~;~ '" ~~~..~ `~ r` State of Idaho of P lic for Idaho Reside t: ~i ~- ~ (~ ~ ~ ~~~ ~ ~,U Commission expires: ~fll~l~~~~~1~ ~.~~~~~ WATER MAIN EASEMENT - 2 ~~b~ ~, Z4~~ ~D1'DRQI Id~i'AR'~ i'~i~C IM~1w~'-Ti~ GRANTEE: O~T~D a v~Lsr o~ Y c`~'°# T my E IDIAN ~ IDANO ~n J~ v ~~ w r~, •~~r~r ?tl~gtl est b CITY OF MERIDIAN Mayor ycee L. Holman, City Clerk Approved by City Council On: ~~~i~ //, a~`~ 1 STATE OF IDAHO ) ss. County Ada ) ~~eX' On this ~ da of ~ 2011 b f y ~ , e ore 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 da and Y year first above written. •~M~~~• • ~ 'V (SE • ~`~ ~ `~ ~ ~ "if r ~ i • ~ M ~~ ~ r ~ , ~ ., r~t~yo~y • ('~/, .~.tr~~o, •' .,,. 5237568 1.DOCX t~ Public Idaho Residin at: ~ h~ ~ ~ ~i,~1 .g. Commission expires: .o~~ ~ WATER MAIN EASEMENT - 3 POTABLE WATER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO EASEMENT N0.6 An easement for potable water purposes located in the NE 1/ of the SE % of Section 11 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more articularl d p y escribed 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 1/ 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 1/ a distance of 792.01 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 13.00 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 13.00 feet to a point; Thence S 0°31'38" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 260 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 ~:;. `~ r ~° ~~ ~ ,~ ~ ~,~ °~~ ,~ 6 .~.. ~~~~ ~ ~: ~q 4t~ i ~,.~.~ 1~.~dlS ~N/d ~ o M O O N p O II 0 I J ~ 0 I °o ~' ~. .~ ~~ ~J oV I o I o ~O ~ ~WO ~ c~ Q I o ~ , ~~ ( "~ Q ~0 ~~ W I ~ ~ ~ ~ ` ~ ~W W~ ~o ~ ° `' ~ ~ 0 ~ I Q~ ~ o~ ~' ~ ~, ° ~ ~ '~ ~ ~ ~,~ ,~ ~ o ~ ~~~op; ~ i ~' ~ ~ 0 ,~o ~ ~~ ~ ~ ~o ~ ~ I , o ~ ,~ ~ ~~v ~ n, ~ ~ W~ ° ° ~ Z ~ ~ c~ ~ Z Zi 0 0 ~ ~, o ~~ .r~~ ._____.___~!lS X0/00/8 "~ ~ I c~ 0~ ., ~ ~, z ~, o ~ Z ? ~ ~ ~ ;~ o ory ~, w ° 0 ~ ~ o o0 ~ ,~ ~, ~ ~ ~ O ~ ~. Z . - O a Ob'Od N/7~INb~I.~ ~- N ~~ ~-