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Water Main Easement with Halle Properties, LLC, an Arizona Limited Liability Company for Discount Tire~~ AAA COUNTY RECORQER Christopher D, Rich AMOUNT .00 5 BQISE IQAHQ 04/11112 12:Q2 PM DEPUTY Bonnie Aberbillig II~ I'~~'~~'~I'~I~~II'I~I~~"III~ II~II RECORDED-REQUEST OF Meridian City 11 ~c~33~49 WATER MAIN EASEMENT ~~ ~ r" I THIS INDENTURE, made th' 11da of ~ ,~~r~ 2 ~~- y ~ O~between HALLE PROPERTIES L.L.C. AN ARIZONA LIMITED LIABILITY COMPANY, the parties of the first art and hereinaf the Grantors and th p ~ ter called e City of Meridian, Ada County, Idaho, the party of the second art, and hereinafter called the Grantee p WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of-way across the remises and ro ert hereinafter artic p p p y p ularly 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 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 pad 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 boundarythereof orwhich is a partthereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement IDB003.doc EASMT WTR - DTC- I^ THE GRANTORS do hereby covenant with the Grantee that the are lawful) ' possessed of the aforem y y seized and entioned and described tract of land, and that they have a good and lawful right to conveysaid easement, and that theywill warrant and forever defen d the title and quiet possession thereof against the lawful claims of all ersons whomsoever. p IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed th ' eir signatures the day and year first herein above written. GRANTOR: ATTEST: HALLE PROPERTIES, L.L.C., an Arizona Limited Liability Company B ' nna, Inc., an Arizona Corporation s: Man ng Member g ~ , Y~ (Signature) ~~G~~~ ~~ y: mes Silhasek, Agent Name Title Printed) STATE OF ARIZONA ~ ss COUNTY OF MARICOPA) On this Y da of ` ~, '~~"~ 20/~ Y , before me, the undersigned, a Notary Public in and for said State, personally appeared James Silhasek, Agent for Wilanna, Inc., an Arizona Corporation, Managing Member of Halle Properties, L.L.C., an Arizona Limited Liability Company, that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have here n s t my hand d affixed m official seal the da y and year fist above written. r r ~ ~ r~ ~~ ~" ~ w ~ (S NOTARY PU IC F OR STA OF ARIZONA ~rarc LYNNE ANNE KRE~ER ~' ,~ T °; NOTARYPUBLIC•ARIZONA Residin ~` gat: ~ ~ ~. ; r o Marieopa County `~ ~' My Commission Exprres i ~ 191 ~ June4 201 Commission Expires: - y~ 4 Water Main Easement IDB003.doc EASMT WTR - DTC- GRANTEE: CITY OF MERIDIAN ~D AUC~jS?' t 0 +~~q~, Tammy de W ,Mayor C~tyof ~ ~~~~~ lDAN~ ~ ~ f ``~ ,~ . ~~ SEAS ~~ ~te t by c L. Ho m n, City Clerk 6~Q f use ~a~~8~~~ Approved By City Council On: Q ~ STATE OF IDAHO ss County of Ada ) On this l da of 2- Y , 20 ~ ,before me, the undersigned, a Nota Public in and for said State erso all ~r~` p y appeare~TAM Y DE WEERD and J~kE-t:. ~~~ .~neS know ~ "~"`1 n to me to be the Mayor and City perk, respective) , of the Cit of Meridian Idaho and wh y y ' o 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 ear first above written. y y NOTARY PUB IC FO IDAHO (SEAL} Residing at: ~ . Commission Expires. ~-02, - /~, •ii--~^--q-` q .'P 1`~ ~ ,~`~ ~ ~ ~~ ~ ~ ~ ~ ~ - r - ! ~ ~ ~G ~ ~; ~d. ~ , ~,,,~ ~ . ~ ~ *~ ' '~? ,~ ~ • ~ ~ r i ~~ ~~ + y~ r o • ~/~ J7•4`~r ~..rl~I Water Main Easement EASMT WTR - DTC- IDB003.doc Legal Descriptian City of Meridian Water Line Easement - EXHfBIT A - An easement located on a portion of Lots 26 and 28 of Block 1 of Bienville S uare Subdivi for record in the office of the Ada Count Record r q sion, as Bled 1349 Y e ,Boise, Idaho in Book 102 of Plats at Pages 13495 - 8, lying in the NE 114 of Section 5, T.3N., R.1 E., B.M., Meridian, Ada Count Idaho and mor particularly described as follows: y' e BEGINNING at an iron pin marking the Northeast corner of said Lot 28; Thence leaving said East boundary of said Lot 28 along the North boundar of said Lot 28 South 89°15'40" East 118.72 feet to the POINT OF BE Y ' GINNING, Thence South 0°44'13" West 7.73 feet to a point; Thence South 89°15'43" East 15.79 feet to a point; Thence South 0°44'13" West 13.50 feet to a point; Thence North 89°15'47" West 10.00 feet to a point; Thence North 0°44'13" East 3.50 feet to a point; Thence North 89°15'43" West 38.59 feet to a point; Thence North 0°44'17" East 10.00 feet to a point; Thence South 89°15'43" East 17.81 feet to a point on the North boundary of said Lot 28' Thence South 89°15'40" East 15.00 feet along said North boundary of said Lot 28 to the POINT OF BEGINNING. This parcel contains 636.86 square feet (0.015 acres) and is sub~ect to an other easem use. 1 Y ents existing or in Ross K. Erickson, PE Erickson Civil, Inc. March 26, 2012 CITY OF MERIDIAN WATER LINE EASEMENT EXHIBIT-B I I PUBLIC UTILITY ,~ ~, S 89° 1 ' 40" E =~ ~ EASEMENT 115.00' POINT OF N ° I , BEGINNING 0413E I 7.73' S 0° 44' 13" W S 89° 19' 43" E 7.73' 117.81' S 89° 15' 43" E S 89° 15' 40"IE 265.46' 15.79' - -= __ ... - - _ N 0° 44' 17" E -~~~~~f~ ~ ~ ~~~~~ 10.00 L ~_~ . ~:f:~:~~_:~~~~~~~~~~~:~: , I ~ ~~ 118.72 I N89°15'4 " I SO°44'13"W 3W I o I 38.59' 13.50' I I N 89° 15' 47" W I N 0° 44' 13" E I 10.00' W 3 ~ I 3 0 50 I N I I ~", ~t ~ ~~` ~; BIENVILL~ SQUARE '~'~ ~~ `" o) L.. `'1 SUBDIVISIONIAS SHOWN IN L ~`~ (`' Z BOOK 102 QF PLATS ON ~ PAGE 13496,IRECORDS OF DISCOUNT TIRE o ADA COU~JTY, IDAHO COMPANY PARCEL I BOUNDARY I I I I i r---------.-~----------_~_______ - - _____ _ 7- -- _ 264.00' N 89 " w - -'-' ---- - ~,. ~ I I ~' i i NORTH 0 50' 100' 0 Q 0 J Q w N~ ~L 0 Z ~s~~` ~ ~o~~ ' a~ ~-~l -~ ~4~'OF IOp~~,~~ ~K ERK+/