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Fiber Optic Line Easement with Leonard Huskey Estate for Ten Mile Road and UstickADA COUNTY RECORDER Christopher D. Rich 2014-058444 BOISE IDAHO Pgs=6 BONNIE 071231201410:15 AM NO FEE MERIDIAN CITY II'111111111111IIIIII1111111111111111111 00003411201400684440060066 FIBER OPTIC LINE EASEMENT THIS INDENTURE, made this J -P day of Jul , 20 IA between Leonard Huskey Estate 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 fiber optic line easement right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the fiber optic line is to be provided for through underground conduit and cables to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said conduit and cables 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 fiber optic line at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a fiber optic line and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of fiber optic line 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such 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 City of Meridian, Idaho Fiber Optic Line Easement 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. GRANT R: !�J Le and Huskey Es(ate STATE OF IDAHO ) ) ss County of Ada ) On this alff day of ?ot,n e, , 20 AV, before me, the undersigned, allotary Public in and for said State, personally appeared Lot AUAle./e's . known or identified to me to be the Trustee, respectively, of the Estate that executed the within instrument, and acknowledged to me that such Estate executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. City of Meridian, Idaho Fiber Optic Line Easement NO�UBLIC FOR IDAHO Residing at: 04 Ov► �e Commission Expires: 3/ GRANTEE: CITY OF MERIDIAN <!:!--C G (1 Tanen(y do—Weerd,44ayar .� j~oyNT(L.c.�. i3OVhGt City Clerk TCD a LQ&, lj City of SEAT W V A y Jsp Bye e��de 10.E R0.�0. Approved By City Council On: \1 U1 01Da —'\ 4 STATE OF IDAHO, ) : ss. County of Ada ) On this�day of ,�u 1 014 b,6�,{fore ane the er i d, a Notary Public "{ � Kiev �reC'. ur�4S in and or sail State ersonally appeared: de "�1�� cand known to me �� Et resE L to be eager andelity 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. (SEAL) •ms's IDAHO •' City of Meridian, Idaho Fiber Optic Line Easement NOTARY Pi�B C FOR ' Residing at: (� Commission Expires: Fj —c3—� City of Meridian Fiber Optic Conduit Project EXHIBIT A Permanent Easement Description An easement for fiber optic utility purposes located in the SW 1/ of the SW %4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SW '/4 of the SW '/4, from which a brass cap monument marking the northwesterly corner of the SW '/4 of said Section 35 bears N 0°53'05" E a distance of 2643.63 feet; Thence N 0°53'05" E along the westerly boundary of said SW '/4 of the SW '/4 a distance of 1186.41 feet to the POINT OF BEGINNING; Thence continuing N 0°53'05" E a distance of 12.67 feet to a point; Thence leaving said westerly boundary S 51°14'31" E a distance of 69.25 feet to a point; Thence S 58°28'23" E a distance of 285.17 feet to a point; Thence S 62°50'28" E a distance of 154.82 feet to a point; Thence S 80'21'59" E a distance of 410.68 feet to a point; Thence S 35°21'59" E a distance of 44.98 feet to a point; Thence S 80°33'33" E a distance of 283.02 feet to a point; Thence N 88°46'17" E a distance of 167.54 feet to a point on the easterly boundary of said SW'/4ofthe SW 1/4; Thence S 0039'50" W along said easterly boundary a distance of 10.00 feet to a point; Thence leaving said easterly boundary S 88'46'17" W a distance of 168.14 feet to a point; Thence N 80°33'33" W a distance of 288.11 feet to a point; Thence N 35°21'59" W a distance of 45.00 feet to a point; Thence N 80'21'59" W a distance of 408.08 feet to a point; Thence N 62°50'28" W a distance of 156.74 feet to a point; Fiber Optic Easement Page 2 Thence N 58°28'23" W a distance of 286.18 feet to a point; Thence N 51°14'31" W a distance of 62.10 feet to the POINT OF BEGINNING. This parcel contains 14,149 square feet (0.325 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated April 22, 2014 ! } — � \ ~ ~ « \§ / (� )§to \ , 0� w \~ ( hk w)k ^ ^ , \j ± !, e Q§ /\ j / . /) \ \ . % m 2 a ae� . ,.+tee* rw \ ,ate z ,,+moo, ( , a oa371wN-71 . \~ �