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Water Service Easement with Bowers, Dorothy for Parcel 5 Ten Mile and Franklin ExpansionADA COUNTY RECORDER Christopher D. Rich AMOUNT .DO ; BOISE IDAHO 04110!13 12:03 PM DEPUTY Vicky Bailey RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII II Meridian City 11~~38~~1 WATER SERVICE EASEMENT -PARCEL 5 DOROTHY R. BOWERS THIS INDENTURE, made this ~~ day of ~o~`t , , 2013, between Dorothy R. Bowers, the party of the first part, and hereinafter called the GRANTOR, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a water service line right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water service line is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of--way for an easement for the operation and maintenance of a water service line over and across the following described properly: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of operation of a water service line and its allied facilities, together with its maintenance, 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 or performing other maintenance, 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. Water Service Easement Page 1 of 3 Parcel s -Dorothy R. Bowers THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of--way and easement hereby granted 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 GRANTOR does 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 first herein above written. IN WITNES S WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Owner, Dorothy R. Bowers STATE OF IDAHO ) ss County of Ada ) ~ '~ On this _ J _ day of _ ~~ ;L~ _ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Dorothy R. Bowers, identified to me to be the owners that executed the within instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. G TARY P LIC FOR ID (SEAL) Residing at: ~(ptr« ~~,~ ~ l ~ Commission Expires: -~~,~ ~ , ~. D I LI Water Service Easement Page 2 of 3 Parcel s -Dorothy R. Bowers GRANTEE: CITY OF MERIDIAN ~ ~~ Tammy de W er ,Mayor L Attest b a cee L. E IDAHO ~ ~nF SEAL ~ Clerk y T~.~'~~he TAE ASU~~~l~ Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) On this ~ day of r ~` , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and ~~~: ~~ done ~~6pi, 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 WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •~~L.LE l.•~•. I ~ lG ~ ~-fie ~ ~ `~"Q.Q_ G,'~.oT'4~A,~,•'~'~ NOTARY PUB FOR IDAH :~' (SEAL) ~~: Residing at: C~ S~ ~~d~ l~ ~ Commission Expires: ~' ~,~'I-/~ • `. ~ (`~ • i ~-~. t ~'~pi ~• ~~ OF 19; •• [ED AUC~sT r9 ow City of Water Service Easement Page 3 of 3 Parcel s -Dorothy R. Bowers I I WATER SERVICE EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 5 - DOROTHY B®WERS An easement for water service purposes Located in the SW i/~ of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SW 1/4 from which a 5/8 inch diameter iron pin marring the southwesterly corner of said S~V 1/4 bears N 89°09'35" W a distance of 2658.24 feet; Thence N 89°09'35" W along the southerly boundary of said SW i/4 a distance of 1130.24 feet to a point; Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing N 0°50'25" E a distance of 9.00 feet to a point; Thence S 89°09'35" E a distance of 20.00 feet to a point; Thence S 0°50'25" W a distance of 9.00 feet to a point; Thence N 89°09'35" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 180 square feet (0.004 acres) and is subject to any other easements existing or in use. SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SW 1 /4 OF SECTION 1 1, TOWNSHIP 3 NORTH, RANGE 1 WEST, DOISE MERIDIAN, ADA COUNTY, IDAHO. -~ SCALE: 1 "~20' S1211346700 2740 DOR07HY BOWERS 0 10 11 1514 1528.00' S 89°09'35" E 2658.24' 1130.24' 1/4