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Water Main Easement with Joint School District No. 2 for Pine and Meridian 878ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 6 BOISE IDAHO 02122!12 12:46 PM RECORDEDatREQUESTOF ~IIII~II~~III~~~~~~~~~~~~~IIIIIIIIIII Meridian Ciry 112015878 WR'I'ER MAIN EASEMENT THIS INDENTURE, made this 21 day of Feb , 20t 2 between?o,ne s~nooi oisczrcc Ho. z, the partiesof the first part, and hereinaftercalled the Grantors, and the City of Meridian, Ada County, Idaho, the partyof 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 wi ll be necessary to maintain, service and su bsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in considerationof the benefits to be received bythe Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and conveyunto the Grantee the right- of-way for an easement for the constmctioq operation, maintenance, repair, replacement oS 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 a flied faci lities, 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 HA VE AND TO HOLD, the said easemeirtand right of-way unto the said Grantee, it's successors and assigns forever. I"I' IS EXPRESSLY UNDERSTOOll AND AGREED, by and between the parties hereto, that after construction, malting repairs, perform ing 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 conshuction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacingor restoring anything placed within the area described in this easementthat 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 azea 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-o£ way and easement hereby granted shall become part ot; or lie within the boundaries of any public street, then, to such extent, such right-o£-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 e[Tect and shall be completely relinquished. Water Main Easement EASMT WTR.doc THE GRANTORS do hereby covenan[with the Grantee that they are lawfldly 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: STATE OF IDAHO ) ss County of Ada ) On this ~~" day of IUOV , 20 11 , before me, the undersigned, aNotaryPublic in and for said State, personally appeared _1_iVU,I~_ C(0.Y~. and known or identified to me to be the person(s) that executed the within instrument, and acknowledged to me that he (she) (they) executed the same. CN WITNESS WHEREOF, I have hereunto set my hand and affixed my officialseal the day and year fist above written. ~4~8~AL1A ~ 2 T S9 ~, ; ~o Rr s * ~.~ ,~ ~, pUBL~G ? .,,~, rF GF ~~ ,~; NOTARY PUBLIC FOR IDAIIO Residing at ~p~1,(L(_/.Getit µ Commission Expires: 3~~l-15 Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Tanmr de rd, Ma or ccryor Y Y CjQ~E IIZ DIAD IOAMO 9~ ,~1 Attest ycee L. Holman, City Clerk °0rte, rate°ea Approved By City Council On: ~~r,I~, ~~/~ STATE OF IDAHO ) ss County of Ada ) On this 2l day of_ Feb. , 2012 ,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. ...... i 5~' O T.9 ~^ ~ ~(SEA~ ~~ ~' . . ~ ~ . . ~ . ,o,~ :~' `' ~tlL1C ~: .9~ O ---' P'r~'• ••.: ~•' Residing at: Commission Water Main Easement EASMT WTR.doc WATERLINE EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, H)AHO An easement for waterline proposes located in the SE '/o of the NE '/a of Section 12, Township 3 North, Range 1 West, Boise Meridian, and being a part of vacated Block 2 of NIDAY'SADDITIONas described in Book 19 of Miscellaneous at Page 396 and vacated ls` Street and State Avenue as described in Book 19 of Miscellaneous at Page 563 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeast comer of said SE '/< of the NE ''/a; Thence N 89°26'40" W along the southerly boundary of said SE '/ of the NE '/a a distance of 325.97 feet to the intersection of ls` Street; Thence leaving said southerly boundary N 0°23'08" E along said centerline a distance of 138.00 feet to the beginning of vacated 1 s` Street and the POINT OF BEGINNING; Thence continuing N 0°23'08" E a distance of 48.82 feet to a point; Thence leaving said centerline N 89°36'52" W a distance of 42.00 feet to a point; Thence N 0°23'08" E a distance of 20.00 feet to a point; Thence S 89°36'52" E a distance of 42.00 feet to a point on said centerline; Thence N 0°23'08" E along said centerline a distance of 58.79 feet to a point; Thence leaving said centerline N 89°36'52" W a distance of 30.50 feet to a point; Thence N 0°23'08" E a distance of 41.21 feet to a point; Thence S 89°36'52" E a distance of 50.50 feet to a point; Thence S 0°23'08" W a distance of 168.88 feet to a point; Thence N 89°26'40" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 5,474 square feet (0.126 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 28, 2011 1332/15 NOlON/HSbM Z 0 ^~ 2 J o~ ti ~~ O~ Q w ~' ~ ZW ,~; W i O h 0 ~~ ~~~~ w ~~ 2h Op tit ~~ V w W hN W W ry ~ ~ N. c O O _ a q N, ~ ~ ph '~~ S ~ ~ I h W Q O ~ O N ~ ~ m0 2 ."~ N ~ ~ W -~°, ro z N ~ Z O Z 2 C7 W m O r Z O a 3!lN3it d N0172/b'.~ --~--~ ~ I I I h ~sl I I I ~ W Cei h , b h ~i ~h O Q h ~ le _,. ~ ~ Q O ~ o N ~ ~ o ~, _n I i o„ o ~~ ~ I i;i J U o N ~ ~ x a " O ~N ~ I pW. ro h = o - - l1 d - - C6'SZ£ M „Ob,9Z.68 N W o~ 0 N nmj O 133211S 3N/d a n n q W N 0 Z PROJECTS DESCRIPTION: FILE: M:\10090\SURVEY\ELEM.CGO UNITS: U.S. SURVEY FOOT INSTRUMENT SETOP Thursday, July 28,2011 11:49 AM PAGE 1 Instrument point: 26 709699.8690 2954675. 3000 Backsight point: 26 7 09699 .8690 2954675. 3000 Ba cksight Bearing: N 00°0 0'00.0" E Distance: 0.000 Remarks: WATERLIN E EASEMENT TYP E FROM TO DIREC TION DISTANCE NORTHING EASTING INV 26 ----- 181 N 89°26' -- 40.1" - --- W ------- 325.970 ------------ 709703.0295 ------------ 2454399.3953 INV 181 182 N 00°23' 07.9" E 138.000 709641.0263 2454350.2739 INV 182 214 N 00°23' 07.9" E 48.620 709689.8452 2454350.6024 INV 219 213 N B9°36' 52.1" W 92.000 709890.1278 2454308..6033 INV 213 211 N 00°23' 07.9" E 20.000 709910.1274 2454308.7379 INV 211 212 S 89°36' 52.1" E 42.000 709909.6448 2454350.7369 INV 212 209 N 00°23' 07.9" E 58.790 709968.6334 2454351.1325 INV 209 208 N 89°36' 52.1" W 30.500 709968.8387 2954320.6332 INV 208 207 N 00°23' 07.9" E 41.210 710010.0977 2954320.9105 INV 207 206 S 89°36' 52.1" E 50.500 710009.7079 2959371.4093 INV 206 205 S 00°23' 07.9" W 168.879 709640.8324 2459370.2730 INV 205 182 N 89°26' 40.1" W 20.000 709841.0263 2459350.2739 INV 182 181 S 00°23' 07.9" W 138.000 709703.0295 2459349.3953 INV 181 26 S 89°26' 90.1" E 325.970 709699.8690 2459675.3000 Perimeter is: 1450.639 Area is: 5973.896 Square feet 0.1257 Acres Area has been reset.