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Grant of Waterline Easement with Bews, Edward L. and Shirley 101015267 for Ten Mile LineGRANT CAF VV'ATERIINE EASEMENT fr. 'THIS GRANT OE EASEMENT is nn,ade this ~:.` ~ day of ~ J' ~' ~, 2000, by and between Edward X.. Bcvvs and Shirley Sews, husband anal wife, their heirs and assigns, hereinafter referred to as "Grantors," and is given to and accepted by the City of 1Vieridian, Idaho, hereinafter rcfeanred to as "Grantee;" WITNESSETH: 'VU'1:iEREAS, the Grantors and Grantee each desire to provide for installatnon of a domestic vvattrline through a portion o£ the Grantors' property, which property is more partl~larly desczibed o~n Exhibit "A" at~.ached hereto, and is herdnafter referred to as the "easement corridor;" and 'W'SdEREAS, the watr_a-linc will be ixtakially constructed by the Grantors and thereafter maiuntained and sercriccd as needed from time to tune by the Grantee; NGW, THF.~EI;ORE, in consideration of the mutual, benefits tv both Grantors and Grantee, the parties each accept the following conditions. of this gram l . Grantors hereby give, grant and convey unto the Grantee a aright-of-~,vay and easement within the casement corxdor for uses and purposes set forth in, this grant, but far no other purposes. 2. ~'he grant of rlg~t-of-way is for the purpose of operating a d,omesti~c waterline and its allied operating facilities %rd the casement corridor. The grant of casement is for the right to maintain, repair and replace parts of the waterline when necessary, including a right of access to the easement corridor to accomplish these purposes. 3. The Gr'antcx. shall exexcise its duty of maintenance, repair and replacement of the waterline expeditiously a>«d with due care to the Grantors' property; but shall not be responsible for repairing, replaang or restoring any structures or landscaping that l-~ave been placed within the easement corridor. 4. The Grantee shall not place, or permit others to place, any other type of utility service, operations or structures within the easement corridor. 1~'7 'WX7"lvESS WH1rREC1F, Grrantors Edward L. Bews and 5hirlcy Bows have hereunto subscribed their signatuxes the dlay acid year first herein above written. WATEAGYNE E.tLS~,MEN? -Page 1 40 P~ ~[~L'''~ T's' ~',~ C~ i1'r ° ~r~z:.:,_ ,i,:: ~~~ 2~~1 F~ ~? ~E~ t~ 3'~ .;ECG ~DEJ- ~~~~U.., C'. M~RIDfAN GI~1~ ~~ 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. - ,? r Owner Owner Signature Approved <•F~ STATE OF IDAHO ) County of Ada ) .,4`-4,x` ~ f ~j~f'~1'i ~~~ ~~ ~~~~~ ~ b ~,}~ty Council ~s ~ e~' Robert~D. Corrie, Mayor Attest by William G. Ber City Clerk 12, - b c~ - Gf~ On this ~~ ~ of ~ ~'L- , 20dU, before me, the u de-r-~i ne Not ry Public in and for said State, personally appeared Edward L. Bews`~o~ rfi'o~r id~n~-tied to me to be the owners that executed the within instrument, and acknowledged to me that 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. ~t mae ~ aMps ~e~°~~G 1'+ L . ~ O ~~f~~~~~'6. ~~~ ~ ~~yyi908®®®~®'Y~~~9~ ~ ®~ •I '~ ~~ ~~TAd~Y ~ ~ ~~® :, ~ ~ J ~~.Tp~3~ q~J ~ • ~.s ~ CJ L:t ~L/ ~` ~~ i ~~~ ~ ~~ ~~~R~:~~ ~,y® . _ ~~.~,. Waterline Easement `y-~°" 990304\EASMT. WATER.mer.Bews.doc NC~I'ARY PUBLIC FOR~DAHO ~ ~~~' ~._ Residing at ~ Commission Expires: 6 Page 2 DESCRIPTION FOR TEN MILE WATERLINE EASEMENT NW'/4 SECTION 35 PORTION November 10, 2000 An easement located in the NW'/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the northwest corner of Section 35, T. 4N., R. 1W., B.M.; Thence S 0°53'19" W 25.00 feet along the west line of said NW'/4 to a point; Thence S 88°58'19" E 25.00 feet to the intersection of the easterly right-of-way of Ten Mile Road and the southerly right-of-way of McMillan Road, the REAL POINT OF BEGINNING of this description; Thence S 0°53'19" W 2,605.96 feet along said easterly right-of-way to a point on the south line of said NW '/4; Thence S 89°08'53" E 23.00 feet along said south line to a point; Thence N 0°53'19" E 2,605.88 feet to a point on the southerly right-of-way of McMillan Road; Thence N 89°10'54" W 23.00 feet to the REAL POINT OF BEGINNING of this description. Michael E. Marks, PLS - No. 4998 ~~~~~~,LTAN~~t~`, . ~~~ ~ ~~ ~~~~ ~ 9~~ o ~~~..~~ 990304\waterline ease NW.des ~~CH /(j/ T /~ I I i I ~ I i I i I I I I 27 i 26 ~ Mc MILLAN ROAD ! ~~___ ____ _-_- - _-_- -~-~-~-~-~-----~-~-~-----~-~-.L.-~-~---~---~-~-~-----~---~-~----- 34 ~ ~: 35 ------------------------------------ IrA ---~ i--------------- i ~" 1 I~ I I I 1 1 I 1 JJJJ 1 I i Y~ I I .~ L__~ "~ ! ~A I rA 1 1 I r^ I I 25' EXISTING ; r 23' WATER LINE EASEMENT ~ ' RIGHT OF WAY ! ~ ~ I ~ ~: y' I I I /A , 1'A i :: I 1 1 r" I /A I 1 r ~``\`` ~ I I WEST 1 /2 \j Q~ i N W 1 /4, SECTION 35, O I ~~ ~ ~ ;; T4N, R1 W i ,\ .A vA `~\ rA 1 _J I i; 1 I rA I r ~ i' ~- Z i ~~~-, e ~ i3 c~'~% I ,.. ;; 1 i ;; 1 I fA I I ~~ i i ;~ 1 i ~~ ~ ~~ I T ~;P~ t~ I :~ ~ ~ ®,. rA ~ }~ (~ ! ie ~ U~/ I r; ~s ~ ~ q~ ~ ~~ ,~~ .:. . ~~ 1 /4 CORNER ; i i i i i s ~ X (-~ l I3 17` /~ REVISION TEN MILE LINE EASEMENT RIGGS ENGINEERING, INC. PERMANENT WATER LINE OPERATION & CONSTRUCTION EASEMENT $ R IG G S SHEET NW 1/4 SECTION 35, T.4N., R.1W., B.M.. I of I ADA COUNTY, IDAHO (208)344-970 990304WATE2 DESIGN DRAFT SCALE DATE DWG.N(). 1800 W. ^VERLAND READ MEM NTS 11/9/2000 990304 BOISE, IDAHO 637U5