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Water Main Easement with Tumble Creek Homeowners Association for Tumble Creek No. 6 SubdivisionADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 01/04/13 01:31 PM DEPUTY Lisa Batt RECORQED-REQUEST Of III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I II Meridian City i i ~00119~ WATER MAIN EASEMENT THIS INDENTURE, made this ~~- day of ,.~ , 2013 between the Tumble Creek Homeowners Association, 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 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 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 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. 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 Water Main Easement EASMT WTR-l.doc 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: TUMBLE CREEK HOMEOWNERS ASSOCIATION STATE OF IDAHO ) ss County of Ada ) On this ~~ da of /yo1fJG~ 201.E before me the undersi ned a Nota Public in y ~ ~~ _ - .~„ g ~ rY and for said State, personally appeared(s via,/ (~, ,~,~~ t~ ,known or identified to me to be the President, respectively, of the Tumble Creek Homeowners Association that executed the within instrument, and acknowledged to me that the Tumble Creek Homeowners Association executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) N TARY PUBLIC FOR IDAHO Residing at rQI~ d GOv~ fd Commission Expires: _,3/ 3/.~~ • ~r w M 1 Water Main Easement EASMT WTR-l.doc GRANTEE: CITY OF MERIDIAN Tammy deJ~eerd, Mayor Attest byt-J~dycee L. Holman, City Clerk " ~.PrL ~ L~ `~ U~~Sl 4 l~ ~o - City of I E I~IAN~ IDAMp ~ ~ ~, y ti ~T~~ ~~~~ °f~~er~~AS° -.....'- Approved By City Council On: c~ l STATE OF IDAHO County of Ada ss On this r day of c~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally peared 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. •~~~ e~~~~~« 1 y,O.~.y ~ ,,~ . ~,~ Q'~A~,~`~ , ARY PUB C FOR ID 0 . ~f . t • "~ ~' "~ SEAL ~ Residin at: ~P..~ l ~. ~ • ~ ) ~ M g " ~ ~ Commission Expires: 2 L ~. "' , ~!~ • ~ ~ r ~ ~ `4~'~ ~-_-t-'t~'fi~ . ~.4 ~~ (1 t`. Water Main Easement EASMT WTR- l .doc EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN An easement for water line purposes located Government Lot 1 of Section 2, Township 3 North, Range 1 'West, Boise Meridian, and being a part of Lot 4 of Block 16 of T U~IBLE CREEK N0.6 SUBDIVISION as shown in Book 83 of Plats at page 9164 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at the northeasterly corner of said Lot 4; Thence S 0°00'48" E along the easterly boundary of said Lot a distance of 60.00 feet to the PGINT OF BEGII~TNING; Thence continuing S 0°00'48" E a distance of 10.00 feet to a point; Thence leaving said easterly boundary S 89°59' 12" W a distance of 20.00 feet to a point on the westerly boundary of said Lot 4; Thence N 0°00'48" W along said westerly boundary a distance of 10.00 feet to a point; Thence leaving said westerly boundary N 89°59' 12" E a distance of 20.00 feet to the POrNT OF BEGIIINING. This parcel contains 200 square feet (0.005 acres} and is subject to any other easements existing or in use. Prepared by: Glenn I~. Bennett, PLS Civil Survey Consultants, Incorporated July 16, 2012 SKETCH TO ACCOMPANY WATER LINE EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO LOCATED IN GOVERNMENT LOT OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. ADA COUNTY, IDAHO E%ISiING WATER O LINE E45EMEM ^- 3 PER PLAT K POINT OF 3 N 89'59'12" E BEGINNING w 0 20.00' TUMBLE CREEK °o ~ ,~ NO. 6 SUBDIVISION o 20.00' z 5 89'S9'12~ W BLOCK i6 4 5