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Water Main Easement with Bainbridge, Steve and Conley, Dave for Parcel 20 #1ADA COUNTY RECORDER Christopher D BOISE IDAHO 04/10/13 12:03 PM DEPUTY Vicky Bailey III RECORDED—REQUEST OF Meridian City WATER MAIN EASEMENT PARCEL 20 — EASEMENT NO. I BAINBRIDGE/CONLEY Rich AMOUNT .00 I�II�III�I�III��IIII�I�III��III �II 113038353 THIS INDENTURE, made this 9 day of RV r") , 2013 between Steve Bainbridge and Dave Conley, 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 operation and maintenance 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 its allied facilities, together with its 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. Water Main Easement Page 1 of 3 Parcel 20 Easement No. 1—Bainbridge/Conley 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 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. STATE OF IDAHO ) ss County of Ada ) On this%2013 ,� day of ` ��, r .. ° � before me, the undersigned, a Notary Public in and for said State, personally appeared Steve Bainbridge and Dave Conley, 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 wr,**n: . Water Main Easement Parcel 20 Easement No. 1—Bainbridge/Conley t ' &-(J-- NOTA w Y PUBLIC FOR IDAHO,., Residing at: Commission Expires: Page 2 of 3 GRANTEE: CITY OF MERIDIAN QO¢PjED Ali Tammy de We ayor Y City of 1 % I I c� CE�DoAN) Atfest J\ cee Lo. , City Clerk �`syP SEAL uQw,�y the TITO Approved By City Council On: 20 k3 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 and4AALC'r .. J o cq J o rt eS 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. •.•''ELL,b'•.� LLC h.Qtlt � - P , G "'O T9'• NOTARY PUB C FOR IDAHO 3 „r. Residing at. j � — Z�> l Commission Expires: `moi cl- l� • 9?�; ---- 10 ****OF IDN** •�ftesoo Water Main Easement Page 3 of 3 Parcel 20 Easement No. 1—Bainbridge/Conley 1 ► ► i FORTHE CITY OF 1iAIDAHO PARCEL 20 - BAINBRIDGE/CONLEY EASEMENT V/ - An easement for utility purposes located in the NE 1/4 of Section 14, 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 northwesterly corner of said NE 1/4 from which a brass cap monument marking the northeasterly corner of said NE 1/4 bears S 89°13'22" E a distance of 2657.89 feet; Thence S 89'13'22" E along the northerly boundary of said NE 1/4 a distance of 1148.94 feet to a point; Thence leaving said northerly boundary S 0°34'21" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 0°34'21" W a distance of 21.00 feet to a point; Thence S 89°13'22" E a distance of 10.00 feet to a point; Thence N 0°34'21" E a distance of 21.00 feet to a point; Thence N 89°13'22" W a distance of 10.00 feet to the POINT OF BEGINNING. This parcel contains 210 square feet (0.005 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated \� E OP February 27, 2013 � Ir f�