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Fiber Optic Line Easement with Bridgetower Homeowners Association for Bridgetower Crossing Subdivision No. 1ADA COUNTY RECORDER Christopher D. Rich 2014-058446 BOISE IDAHO Pgs=6 BONNIE 07/2312014 10:15 AM MERIDIAN CITY NO FEE IIIIIIIIII II IIIIIIIIIIIIII II IIII1111111111 I'II III 00003413201400684460060066 FIBER OPTIC LINE EASEMENT THIS INDENTURE, made this day of J�-, 261 --between Bridgetower Homeowners 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 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-:{ Bridgetower Homeowners Association STATE OF IDAHO ) ) ss County of Ada ) On this s ' day of awn Pi , 20&, before me, the undersigned, a Notary Public in and for said State, personally appeared Lance Pomerleau known or identified to me to be the Neighborhood Manager, respectively, of Bridgetower Homeowners Association that executed the within instrument, and acknowledged to me that such association 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 NOTARY PUBLIC FOR IDAHO Residing at: Amt Goan/y Commission Expires: GRANTEE: CITY OF MERIDIAN CCC tel. I Tam y.de-Wcerd, Mayor C= 120u�-�i R4� Co�nc,\ m co y1r 's. !'v eih'o£ SEAL L. Holman, City Clerk N1.1141 M Approved By City Council On: �� a a t �r `C STATE OF IDAHO, ) : ss. County of Ada ) On this a da of J r 2014 befor ype the to ers ne�c� a Nota Public Y U \ {r��e>�c nr£e r r� in,knd for sa ed jeatte, personally appeared Za"; . 4o, and Jaycee an, known to me to be the#�yor 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. BELLE •., C(��I L �OT4 `t ' NOTARY P LI ORI 0 �.� : Residing at: Commission Expires: � q — l OF 1pl 0•••• City of Meridian, Idaho Fiber Optic Line Easement City of Meridian Fiber Optic Conduit Project EXHIBIT A Permanent Easement Description An easement for fiber optic utility purposes located in the SW '/4 and the SE'/4 of Section 35, Township 4 North, Range 1 West, Boise Meridian, and being a part of Lot 1 of Block 1 of BRIDGETOWER CROSSING SUBDIVISION NO. 1 as shown in Book 84 of Plats at Page 9392 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a 5/8 iron pin marking the southeasterly corner of said SW '/4, from which a brass cap monument marking the southwesterly corner of said SW '/4 bears N 89°15'43" W a distance of 2643.40 feet; Thence N 0°26'35" E along the easterly boundary of said SW 1/4 a distance of 255.75 feet to a point on the southwesterly boundary of said Lot 1 and the POINT OF BEGINNING; Thence leaving said easterly boundary N 62°08'53" W along said southwesterly boundary a distance of 92.39 feet to a point; Thence leaving said southwesterly boundary S 63°30'36" E a distance of 419.60 feet to a point; Thence S 88°04'23" E a distance of 617.93 feet to a point; Thence S 69°46'51" E a distance of 29.84 feet to a point; Thence S 89°14'59" E a distance of 544.21 feet to a point on the easterly boundary of said Lot 1; Thence S 0'26'18" W along said easterly boundary a distance of 10.00 feet to a point; Thence leaving said easterly boundary N 89°14'59" W a distance of 545.98 feet to a point; Thence N 69°46'51" W a distance of 29.94 feet to a point; Thence N 88°04'23" W a distance of 618.56 feet to a point said southwesterly boundary of said Lot 1; Thence N 62°08'53" W along said southwesterly boundary a distance of 329.45 feet to the POINT OF BEGINNING. This parcel contains 14,036 square feet (0.322 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS 'a Civil Survey Consultants, Incorporated May 20, 2014 �� Za 0 0 M Z 133HS 33S 3NH HOlb'W o I N O N II W I � w N m Z V N I o U) C1 N N 0O W U CE Z Y o W U H S zy p>mU n QS �m N"1 am C5m W h 0 0 = m •"' � 2 U / fr QU w 3 2p h v M \o o N Lm Wy=m s� ssz 3 „sfszo N L Q. o C5 h=p Z V Z � Z OU h� h2 m O b Z V v h LO j ro 2 N