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Water Main Easement with Davies, Richard and Beth for Davies PropertyADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 BOISE IDAH011114113 02:49 PM REC RDED~C REQUEST OF II I I I II I II II I I II I II I II II III I III II I III Meridian City i 13124962 WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of ~, 201~between Richard and Beth Davies , 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 Water Main Easement EASMT WTR Davies.doc 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. GRANTOR: ~~ Richar Davies '~ , ..~. ~..,~/ r' Beth Davies STATE OF IDAHO ) ss County of Ada ) On this ~ day of D G~tia cam" , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard and Beth Davies , proved to me on the basis of satisfactory evidence to be the person(s) who name(s) is (are) subscribed to the within instrument, and acknowledged that he (she) (they) 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) ~~ NO RY PUBLIC FOR IDAHO Residing at ~~~ G Gti~ Commission Expires: 3/,~_ Water Main Easement EASMT WTR Davies.doc GRANTEE: CITY OF MERIDIAN --..~ ~~~~P~„D A~~~ST ~ ? ~~ 0 Tammy de erd, Mayor city of E I IA_N ~~a f ti b ~ b, Attest aycee L. Holman, City Clerk ~Fp ~~ f a~ `~~~ h e Tlt~ Approved By City Council On: ~ 6~'U`-e,Y~~~IL° ~ ~ c~ ~ 1.3 STATE OF IDAHO ) ss County of Ada ) On this day of v , 20~, before me, the undersi ned, a Nota g rY Public in and for said State, personally 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. ~..o~ •. e w~ ~~ r,r~ ~1 ~ r•" ~ ~, ~'~ ~4',~ ,tS~ '~ TARP PU I ~ ~'~ R ~ C FOR IDAHO (SEAL) ~~ Riding at: ~, ~ ~~ `~,e , ,~ ~ Commission Expires: ~ . ~~ ~ ~~ ".~ 1 h~~-~~~ ~.: ~.. ~ ~+ fig., Water Main Easement EASMT WTR Davies.doc T-O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 • FAX 208-323-2399 Project No:130078 Date: October 2, 2013 DAMES PARCEL WATER EASEMENT ACQUISITION A parcel of land situated in the Northwest Quarter of the Northwest Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being a portion of the parcel of land described in Parcel 1 of Deed Instrument No.111077735, being more particularly described as follows: COMMENCING at the Northwest corner of said Section 29; thence, along the West line of said Section 29, A) S.0° 14' 16"W., 952.00 feet (S 0 °00'24 "E per said deed instrument) to the Northwest corner of Parcel 1, described in said deed instrument; thence, along the northerly boundary of said parcel, B} 5.56°0'43"E., 30.03 feet (5.56°21 '22 "E per deed Instrument)to the POINT OF BEGINNING; thence, continuing along said northerly boundary, 1) 5.56°06'43"E.,19.45 feet; thence, leaving said northerly boundary, 2) 5.11 °29' 16"W., 22.14 feet; thence, 3) 5.45° 14' 1 d"w.,1 b.79 feet; thence, 4) N.0° 14' 16"E., 44.37 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 4b3 square feet, more or less. SUBJECT T0: Easements of Record. ~'~, w~0 ~ ~y ~. ~)`/'1 ~,~'. i ~ ,r' r, , ,:~J 1~,~ ~~' ~ ~~ E~~~ BOISE • COEUR d' ALENE • NAMPA O W N 19 20 30 129 U °a a w Z_ 4 0 w 0 a w w Z Z Z W Q M r 0 0 0 0 N ~' Q', ~ \ - - PARCEL BOUNDARY CITY OF MERIDIAN WATER EASEMENT ACQUISITION DAVIES PROPERTY Located in the NW 1 /4 NW 1 /4 SECTION 29 TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. ADA COUNTY, IDAHO 0 5 10 20 30 LEGEND \ \~vs~ ~s- WI P.O.B. c~ 0 U , os, 79'A~. St~~~ 7~Si N U 25.00 O w ~~~ W I ~~- d- ~ M 5~`~~~~' co ~ ~ - ~ N N i ~ '~ ~ o ~ P~F. N I, ~t `~ o z \ONp~ LAlyp s G~ a • N 1/16 ~ o 961 ~° ~r~, l0 2 13 0 J'J. 9~F OF ~0~~ ~4. ~`FN J. F R~SO WATER EASEMENT O FOUND 5/8 REBAR o ANGLE POINT (nothing set) ~~~5, DEED ~~~ ^/ DAVIES INSTRUMENT N0. 111077735 Tits ENGINEEF~S 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714.2008 PHONE: (208) 323-2288 FAX: (208y 323-2399 E•FIIE; G:~130(}7$~ACADD~V-EASEI~NT EX DATE:SEPfi 2413 JOB; 930078 -- - - --- EASEMENT BOUNDARY