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Water Main Easement with R.C. Willey for R.C. Willey Furniture Store ~~- ~ ... . . ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/31/03 02:51 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian Public Works AMOUNT .00 ~--,. WATER MAIN EASEMENT 1111111111111111111111111111111111111 1133185132 THIS INDENTURE, made this.Q day Of~, 2~between .c. ú,J.' , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Coun ,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 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'describedproperty: (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 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 Water Main Easement Page 1 EASMT WTR Meridian- Page~D&. .--'-;- .. .'. . . effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully 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 rust herein above written. GRANTOR: &t:f;; ~' Secretary STATEOF= Q.()J.~ ss County o~ ) On this z,S' day of .~ ,2003, before me, the undersigned, a Notary Public in and for said State, personal~ed /..-. and ~ Ck..;,U , known or identified to me to be the . and Secretary, respectively, of the corporation that executed the within instrument, and owledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offIcial seal the day and year fist above written. ~ '?~ PAMELA B. MOSER NOTARYPUBUC' STArE 01 UTAH TARY PUBLIC FOR 2301 SOllTH 300 WEST SALT lAKE CI1Y.l1T 84115 COMM. EXP. JULY 12. 2004 Residing at ~ ~, Commission Expires: -'l GRANTEE: CITY Water Main Easement Meridian- Page~UL ~,- . .~- . Approved By City Council On: û..\.clQ., ~ f) I Ac& Water Main Easement Page 3 EASMT WTR . Meridian- paselLot1- .0_- STATE OF IDAHO, ) : ss. County of Ada ) On this "left^- day of ~ , 2003, before me, the -. undersigned, a Notary Public in and for said State, personally appeared ROOCIl.T D. t£2hl1,~ kt..J ~ ....cORRIC and WilLIAM G. BERG, JR., known to me to be ,tb.e.~ ~d~,ÇiIY Çlerk, respectively, of the City of Meridian, Idaho, and who execttèf 'tfm'W¡lHii;"'ln~ent, 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. (SEAL) ~_~NS...- l~í~Ó~A:lf%.. .~í"" .. ':. : : \ : . I , . ':. '. / : " " ' , .- À"-!'t1m..\,;,~~o. -;~---- !"'..,' -... ~.-p... $f¡MrYlJwu'L NOTARY PUBLIC FOR IDAHO RESIDING AT: jJdGl~~ MY COMMISSION EXPIRES: '(-2..8 -Of) PageLJL ..':.,<; "'- . . Exhibit A August 18, 2003 Project No. 2325 Legal Description R.C. Willey Home Furnishing Water Main Easement 4,476 square feet. A tract ofland being 20 feet in width, 10 feet each side of the following described centerline, situated in the Southwest One Quarter of the Southwest One Quarter of Section 9, Township 3 North, Rangel East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the southwest comer of said Section 9, Thence along the southerly line of said Section 9 South 89°29'34" East a distance of 691.79 feet to a point, Thence leaving said southerly line North 00°00'00" West a distance of349.45 feet to a point, said point being the POINT OF BEGINNING. Thence South 46°17'58" East a distance of223.80 feet to the POINT OF TERMINUS. The sidelines of said strip easement shall be lengthened or shortened to form a closed figure. The above-described tract ofland contains 4,476 square feet, more ofless, Subject to all existing easement and rights-of-way. Prepared by: ROYLANCE & ASSOCIATES PA 391 W. STATE STREET, SUITE E EAGLE, ID 83616 (208) 939-2824 (208) 939-2855 Fax page-5-0t...lL . _.-// < POINT OF ~~ ,~ EXISTING WA1ER BEGINNING - -'-- I '" MAIN EASEMENT I '" '" I '" "- '" I & I "'.5'... "- I ",(f>.>, "- : ~~"- ~'" ..,,6 ,,6 I PROPOSED). '< WA1ER MAIN ../' ~ EASEMENT '" "- '" ~ I " """.J~ ~ I "- '<1'0. '" / ~I '" " / ~: '" "- V, ~: '" X~> ~: / ~ I I , S-' . - \ '."," - -,!.-- ,"!.,... \ - V W "'. .,.' FOUND BRASS CAP . , , . . ' SECTION CORNER . . , '589'29'34"E 2706.09' CP&F 99007475 ¡J t. 1r ~ ¡ P., 20 0 40 SCALE IN FEET . ',\."",,01.\8'S\2273\0,..,"..\O&O .'an\'.a.' de_.llon..d.. 12/17/2002 0&5<>17 AM MST [ J ROYLANCE AND ASSOCIATES P A EXHIBIT 8 Engineers Surveyors Landplanners "" WATER MAIN EASEMENT 391 W State Street Suite E Eagle Idaho 83616 .0/10/0> Phone (208) 939-2824 Fox (208) 939-2855 KSK .~ 16 FOUND BRASS CAP 1/4 CORNER CP&F 8309298 . ,