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Water Main Easement with D.L. Evans Bank for Angel Park Subdivision ADA COUNTY RECORDER J, OAVIO NAVARRO BOISE IDAHO 12/15/03 09:47 AM OEPUTY Kathy Ingraham RECOROED-REQUEST OF City Of Meridian ~~ 1111111111111111111111111111111111111 103205578 WATER MAIN EASEMENT THIS INDENTURE, made this 17th day of October, 2003 between D.L. Evans Bank, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, 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 hereinafte! particularly bounded and described; and WHEREAS,. the,waœr- ~beprovidødærthr~1IJldefgroundpipeline to-be-œnstruGledbyc.. others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline ITom 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 HA VB 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. re laíß and maintenance, However, Grantee shall not be responsible fur 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 effect and shall be completely relinquished, Water Main Easement Page 1 EASMT WTRdoc pa~ THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract orland, and that they have a good and Iawful 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: D.L. Evans Bank '.o~-------_O --,~.--~ ---- ----'--------- ---.--- STATE OF IDAHO) ) ss County of Ada ) On this 20th day of October, 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared Brenda Sanford and H. Scott HorsIey, known or identified to me to be the Chief Financial Officer and Sf. V.P. and Credit Administrator, respectively, of the corporation that executed the within instrument, and acknowledged 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. ~~~~~ ~~=;s~~n Expires: -- ~ ~ ~~~ M¥çQÞAMlSSIONEXf'IRES~ --' NOTARY pUBUC RE9IDING AT euRI.EY. IDAHO NOTARY 1 Meredith Hunt Not-ary Pl'lblic Statè ofldâhO Approved By City Council On: Water Main Easement Page 2 EASMf W~dOC ~ Jlqe. nf STATE OF IDAHO, ) : ss, County of Ada ) On this ./ 51-day of lJu tJ'>1- 6.u-- , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G, BERG, JR, 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, (SEAL) ,,"H'~- ,,-"-' f). O~$h=", .' ~ t- "-"",,o:.{>~ , I~.'" '...~\ /-..:¡o ...01Aiq.... '\ i * ~"" _.- ¡ * 1 ': ÞUB\..\G,/ j -.Þ . //"~ ~<f1' o.~'~ ,< ---- 1: 01' \. "",- , ........-- ~¿),~~ NOTARY PUB~ RESIDING AT: MY COMMISSION EXPI ES: ¡/-Ó2.--dV PBg~ /,r'.fCj~' ----C' RennìsO~ngineerifig Civil Engineering'Land Surveying-Land Planning PLLC Office208.343cOO25 Fax 2 0 8 . 3 4 3 . 0 3 3 7 www.rennisonengineering.com 50 Broadway Ave., Suite B, Boise, Idaho 83702 October 2, 2003 Project No,: 1324 Legal Description For Water Easement A water easement located in Lot 1 of Block 1, Angel Park Development Subdivision, which is -situated in the SWI/ 4-oHheSElj-4--ofSectitm-5;-'fownshÏp 3-North; Rangel Easr;-BoiSe - - - Meridian, Ada County, Idaho, and as recorded in Book 73 of Subdivisions at page 7551 in Ada County Records, and being more particularly described as follows: Commencing at the south one-quarter corner of Section 5, thence North 00°28'51" East a distance of 51,14 feet to a point, thence South 89°32'34" East a distance of 661,15 feet to a point; thence North 00°29'29" East a distance of 188.93 feet to a point, said point being the POINT OF BEGINNING: thence North 89°32'34" West a distance of 20,00 feet to a point; thence South 00°29'29" West a distance of 23,00 feet to a point; thence South 89°32'34" East a distance of 20,00 feet to a point; thence North 00°29'29" East a distance of 23,00 feet to a point, said point being the POINT OF BEGINNING, The above described easement contains 460 square feet, more or less, subject to all existing easements and rights of way, Prepared by Rennison Engineering, PLLC R:lProjectslBRS Arcl1itectsl1324IAdminILegalsIWater easernentdoc Page I of! pa~ ~sa~;r,2; ~t'E 1" -- ýi;, cn- ~;;i ~ 1/4 Cor. Fairview ~ 8 LEGEND . FOUND 1/2" IRON PIN - - - - - - - PROPERTY UNE - - - - - - - EASEMENT UNE ~ BRASS CAP &. CALCULATED POINT ~/'"-- nnlSODngine~ Civil Engineering. Land Surveying. Lañd Planning PLLC 50 Broadway, Suite B, Boise, Idaho 83702 Office 208.343,0025 Fax 208.343,0337 Ave. 10 5 0 10 I I HOR. SCALE IN FEET I j I WATER LINE EA~EMENT EXHIBIT i SITUATED IN THE SOtJTHWEST 1/4 OF THE SOUTHEAST 1/4;OF SECTION 5, T.3N., R.1E., B.M., MERIDIiAN, ADA COUNTY, IDAHO DATE P.M. 10/03103 JER P.N. CAD .......... JBH EXHIBIT B ~ ;f