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Water Main Easement with CBH Homes for Siciliy Subdivisionl"'~ /"~ ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 r BOISE IDAHO 09/05/13 1D:33 AM DEPUTY Eck„ Bailey III IIIIIIIIIIIIIIIIIIIIIIII~I~IIII III RECORDED-REQUEST OF Meridian Ciiy i 1310125 WATER MAIN EASEMENT ~~ THIS INDENTURE, made this ~ day of ~, 20 13 between ~~ ~Or~ ~, S ,the arties of p 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 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. Water Main Easement EASMT WTR 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. GRANTOR: resident ....~--- 'M erg d ~ ~..~~, . ~ Address ~~~ Secretary STATE OF IDAHO ss County of Ada ) On this ~~ da of ~~ 20 before me the and r i . y ~, e s gned, a Notary Public m ,and for said State, personally appeare w v ~ and Q~~ ~ ~"~ known or identified to me to be the President and Secret r ary, espectively, ~f the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto et m hand and affixed my official seal the day and year fist above written. ~ a ; ~` A. ~ +~~. • (SEAL) TARY LIC 0R ID C ~ ; . o ~ : ~, • Residing at ~t ,~ ~ ~ .~. ~. Commission Expires: - ~ '• ,•' ~° r~ o s! I~ 0 F ~P ~~ ~ e ~m lllrir~~~ Water Main Easement EASMT WTR GRANTEE: CITY OF MERIDIAN Tammy de We Mayor Attest by emcee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ~O~A~ED Av~~sT 04 `~G 190 city ~f E 7DIAN~- ,~ ioaHo x ~~, S~ ,~ ~ ~ rF~ o f t 5~4~~P kr'fAEti a-3 -.3 ~ ss County of Ada ) ,, On this day of ~~ , 20 I ~ ,before me, the undersigned, a Notary Public in and for said State, perso lly appeared 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. +r~~rM~~',~• r , ~ ~-` ; ~ ~~ ~'• ~„ NOTARY U LI OR IDAHO '~" ~- ,~ ~` SEAL '~ ~ ' Residin at: ~ .,f ) ` g ~ Commission Expires:` ~0 4' '- ,' ~ ~~ ~-' ~• ~~+~i~ ~ ~~,~ ~~i~~ Water Main Easement EASMT WTR Fox sand su.~•eys, ins. 1 S7 5 Soath Shoshoee St. 0 Boise Idaho 0 85705 O 208-342-7957 D 208-342-7437 FAX SICILY SUBDIVISION EASEMENT DESCRIPTION A PORTION OF LOTS 5 AND 6, BLOCK 'I ,SICILY SUBDIVISION, LYING IN THE SOUTHWEST'/a OF THE NORTHEAST'/4 OF SBCTIQN 3~, TOI~NSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO A Portion of Lots 5 and G, Block 1, Sicily Subdivision. Lying in the Southwest ~/4 of the Nor#heast 1/ of Section 30, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows; A. COMMENCING at the found Brass Cap Monument marking the Center of Section 30, from which the found 518 inch rebar with plastic cap stamped "BRIGGS PLS 4998" marking the East %a Cornerthereof bears North 89°43'54" East, a distance of 2,622.17 feet; B. thence North 80°22'13" East, a distance of ?21.24 feet to a point on the southwesterly Right-of-UVay of the Ridenbaugh Canal; C. thence North 44°19'25" East, a distance of 50.00 feet to a point on the Center Line of the Ridenbaugh Canal, the TRUE POINT OF BEGINNING; D. thence continuing North 44°19'25" East, a distance of 53.98 feet to a point on the Right-of-~Vay of South Venito Place, intersecting at anon-radial angle in a curve to the left; E. thence along said Right-of-Way and curveto the left having a length of 20.52 feet, a radius of 52.00 feet, a central angle of 22Q36'40" and a Iong chord which bears South 34°2l'53" East, a distance of 20.39 feet to its intersection with the northeasterly Right-of-Way of the Ridenbaugh Canal; F. thence South 44° 19'25" West, a d istance of 50,00 feet to a point on the Center Line of said Canal; G. thence along said Center Line, North 45°43'01" tallest, a distance of 20.00 feet to the TRUE POINT 4F BEGINNING; Containing 1,025 square feet X0.023 acres) more or less. Subject to easements of record and not of record. Any modification of this description shall render it void. Refer to the attached sketch, ~$ Fox Land Surveys, Inc. ° ~'''/ '~ Timothy J. Fox, President, PLS 7612 10` EIdD OF DESCRIPTION qrF o~ ~0~4 ~q ~. 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