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Fiber Optic Line Easement with Tumble Creek Homeowner's Association for Tumble Creek No. 4 SubdivisionADA COUNTY RECORDER Christopher D. Rich 2014-058445 BOISE IDAHO Pgs=5 BONNIE 071231201410:15 AM MERIDIAN CITY NO FEE III111111111111111111IIIIIII I1 III III 11111111 lill I III 00003412201400584460060055 FIBER OPTIC LINE EASEMENT THIS INDENTURE, made this JP day ofJv lu , 201A between Jumble Creek Homeowner's Association, 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 Iawfully 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. GRA TTOR: T e C eek Ho owner's Association STATE OF IDAHO ss County of Ada ) On this�day of �, 20, before me, the undersigned, a Notary Public in and for said State, personally appeared a ZZ i � I � � known or identified to me to be the President, respectively, of the associ tion 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. ,,,....guu.q' A"t 6b 1►R K NOT Y PU IC FOR IDAHO rding at: C + . •, G . I Commission Expires:PU t ad 1 p: rq fig_ ok,�..•o City of Meridian, Idaho Fiber Optic Line Easement GRANTEE: CITY OF MERIDIAN O�Q�tA11fu ALC4sJ Tat�fe tWeerd,14ayer City of 4✓nz4� e��„�,� DIANA z togxo wSEAL st byJaycee L.T oh nan, City Cler h, ,Xf As Approved By City Council On: �') U W a,)-, wl A STATE OF IDAHO, ) : ss. County of Ada ) Onthis__2a_dayof �014 b forekne�thejTderNped allotaryPublic in and fo ,Xd Stale pe sonally appeared Ta a and Jays® a xan, known tome to be the May6"n tty 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. 444 (SEAL) ; l!y0 T . t t •O IC ,o '4.01'' ID? 4640500, City of Meridian, Idaho Fiber Optic Line Easement Mghlt, L NOTARY PU LI FOR ID Residing at: Commission Expires: i —I g City of Meridian Fiber Optic Conduit Project EXHIBIT A Permanent Easement Description An easement for fiber optic utility purposes located in Government Lot 1 of Section 2, Township 3 North, Range 1 West, Boise Meridian, and being a part of Lots 8 and 24 of Block 5 of TUMBLE CREEK NO. 4 SUBDIVISION as shown in Book 81 of Plats at Page 8722 and Lot 25 of Block 5 of TUMBLE CREEK NO. 5 SUBDIVISION as shown in Book 82 of Plats at Page 9026 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said Government Lot 1, from which a 5/8 inch diameter iron pin marking the southeasterly comer of said Government Lot 1 bears S 0'01'15" E a distance of 1366.22 feet; Thence S 0'01'15" E along the easterly boundary of said Government Lot 1 a distance of 590.33 feet to a point; Thence leaving said easterly boundary S 89°58'45" W a distance of 45.00 feet to the POINT OF BEGINNING; Thence N 33°25'39" W a distance of 471.78 feet to a point; Thence N 36°18'21" W a distance of 194.95 feet to a point on the northerly boundary of said Lot 8; Thence S 89'14'59" E along said northerly boundary a distance of 12.53 feet to a point; Thence leaving said northerly boundary S 36°18'21" E a distance of 187.65 feet to a point; --Thence-S 33°25'39"-E- a distance -of 456:87 feetto a point on the easterly boundary of said - Lot 25; Thence S 0°01'15" E along said easterly boundary a distance of 18.16 feet to the POINT OF BEGINNING. This parcel contains 6,556 square feet (0.150 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 12, 2014