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Water Main Easement with Weber, Donald D. for Christian Family Matters , - AOA COUNTY RECOROER J. OAVIO NAVARRO BOISE IDAHO 03112104 12:58 PM DEPUTY Joanne Hooper RECORDED-REQUEST OF MERIDIAN CITY AMOUNT ,00 III 1111111111111111111111111111111111 104027956 --- WATER MAIN EASEMENT ---j THIS JNDENTURE, made this 17th day of December, 2003 between Donald D. Weber , 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; WI1NESSETH: 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 EXlllBIT 1 and 2) 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, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties here10, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe easement and adjacent property to that existent prior 10 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 1his 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"{TR Page---Lot5... ... 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 WI1NESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year fITSt herein above written. GRANTOR: C7:uA /) ¿J~ Property Owner STATE OF IDAHO) ) ss County of Ada ) On this L.2..!..-- day of ~ ,20 Q3 before me, the undersigned, a Notary Public in and for said State, personally appeared fJ:J n 0, / /) Ü.1.q, b.e.;e and . known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation 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) ~~ NOTARY ~AH91 /J Residing at ' ~ Commission Expires: 'g" - t7 Y SUSAN BREKKE NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Water Main Easement p~~S~W;;~ '~~ R~ert D. Corrie, Mayor ¿~7ïli~~~ Approved By City Council On: 1- 6-&tf-- STATE OF IDAHO, : ss. County of Ada On this 1-day of ..Ja."-l\.oV1¡ , 2001 before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., 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 fust above written. (SEAL) """""""" ...., c,ß L. 8.i~-"', .' ~~ ...'. <"~)o '. ." ...'" .." 1> \. ,7 ""OTA~ I ". '\ .,- ~.. :: * i -.- : * E \ \ ÞUB\.\C j } ~ "')0 . .....0 ~ ~, <1 "'......, ~ ..- -"../8 OF \V~...- -............., Page~ Water Main Easement EASMTWTR -', SHARP & SMITH, INC. CONSULTING ENGINEERS & SURVEYORS 327 NORTH 27TH STREET. BOISE. IDAHO 83702-4797 . AREA CODE 208/344-0676 EXHIBIT 1 A 20 foot water line easement located in the Northwest Quarter of Section 24 Township 3 North Range 1 West Boise Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the northwest corner of said Section 24, Thence S89"34'48"E along the north line ofsection 24 a distance of 743.95 feet; thence S 0' 25' 12" Wa distance of 48.00 feet to a point on the south right of way line of Overland Road to the Real Point of Beginning; Thence S 2' 7' 19" E a distance of 621.46 feet; Thence N 87' 52' 41"E a distance 0£29.02 feet; Thence N 2' 7' 19" W a distance of for 20.00 ; thence S 87' 52' 41" W a distance of 9.02 feet; Thence N 2' 7' 19" W a distance of 600,57 feet to the south right of way line of Overland Road; Thence N 89' 34' 48" W along the, said south right of way line a distance of 20.02 feet and back to the point of beginnin,g . ¡>ageLL5... ~- rJ -it '+ ~ ~ 'J..I I,U ~ ~ . '" '" '" '" , ,... 0> co rJJ -t (\".. t:I 7: ~ " ~ ~ > C) \f)-:r- .... ~ ~,~ ......~ N2'O7'19"W 600.57' ;¡: <0 '" .. - '" '" , 00> ?;j~ g~ , '" co~ "'", '" ::, rJJ $-'- _-J. Q:- ~ t) - ~ 0 ~ ..r I'Q .-s ~ T(~N ~ S2'O7'19"E 621.46' ~ .,. N N~ 0,... gj~ ~ ~ w E \!.J II 1<1 \Q \I ~ "- ~ ...... ~ 4;) ~ Pagp. 5 of 5,