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HomeMy WebLinkAboutLife Church Partial Release of Water Main Easement ESMT-2025-0051 (2025-034470) Ada County Recorder Trent Tripple 2025-034470 Boise,Idaho Pgs=8 vbailey 06/04/2025 11:37:43 AM ESMT-2025-005I CITY OF MERIDIAN IDAHO$0.00 Life Church Electronically Recorded PARTIAL RELEASE OF EASEMENT TYPE OF EASEMENT BEING PARTIALLY RELEASED: Water Easement GRANTEE: CITY OF MERIDIAN GRANTORS: _Life Church Inc. 1, INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated February 16th -2012 and recorded as Instrument Number 1.1201.8877 in the land records of Ada County,State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation("the Easement"),upon the real property legally described therein. WHEREAS, the continuance of a certain portion of the Easement is no longer necessary or desirable. NOW, THEREFORE,in consideration of the premises, the City of Meridian does hereby release, vacate, and abandon that certain portion of the Easement on the lands more particularly described on Exhibit A, and depicted on Exhibit B,attached hereto and incorporated herein. All rights and privileges under the under the above-described document in and to the remaining lands covered by the Easement shall remain and continue in the Grantee and shall not be affected in any way hereby. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 3rd ay of June 2025 CITY OF MERIDIAN AQ Robert E. imiso Ma or 6-3-2025 � � C.Ni tl illIANi<-_. Attest by ChrPohnso°°,,rG `�Clerk 6-3-2025 STATE OF IDAHO, ) : ss: County of Ada This record was acknowledged before me on 6-3-2025 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature CHARLENE WAY -28-2028 COMMISSION No. 67390 My Commission.Expires: NOTARY PUBLIC STATE OF IDAHO version 01/0112020 INDENTURE, made this /&4day of 74 20-LJbetween_ST 9-j Ito I'D,we s,«Lthe 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 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 EXHIBIT A and B) 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,its successors and assigns forever. j IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after construction,making repairs,performing other maintenance or making subsequent connection to the water line,Grantee shall restore the area of the easement and adjacent property to that existent prior to 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 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: President 'rya? ..+C.i/w•:6� w b 1' Address Secretary • 117t l-tr STATE OF IDAHO ) ) ss County of Ada ) On this day of_fe�+ ,20 1'*-,-,before me,the undersigned,allotary Public in and for said State, personally appeared _ 5TA, and flwJ , known or identified to me to be Yhe 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. . Pow" .A K.q y ggjpN•. s'>G NOTARY PU LIC FOR 9�AWEO 111 N, ff Residin at •t' 0=T49t' Commission Expires I- — N-+ '(43LIC Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN SD A Ere, mayern l�eY. r�s1X City of E IDIAN IDANO a SEAL % Attest b aycee L.Holman,City Clerk ���r�►.r,�ets�s'°`e,ey� Approved By City Council On:� o� B STATE OF IDAHO ) ) ss County of Ada ) On this_ _09—day of , 20 11 fo ,th undersigned, a Notary Public in and for said State,perso all a eared_. and JAYCEE L. HOLMAN,known to me to be the 9e` r an` C ity Jerk,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 sea]the day and year first above written. /pa� 1�Oo�Jjpyp 00-bqX a.�aLQ-0 OO 0 T Y PUBLI FOR O SEAL) Re rig at: WP,rd�e.✓1 Commission Expires:_c IN✓i � t �c)1 000 oQ•#l�:�oom Water Main Easement EASMT WTR.doc Exhibit"A" Job No. 11-049 December 21, 2011 Water Line Easement Description An easement under, over and across a portion of Lot 1 of Block 1 of Commerce Park Subdivision in the Southwest %of Section 9, Township 3 North, Range 1 East, Boise Meridian, in the City of Meridian, County of Ada, State of Idaho described as follows: Commencing at the northeast corner of Lot 1 of Block 1 of Commerce Park Subdivision in the Southwest%of Section 9, Township 3 North, Range 1 East, Boise Meridian; Thence North 88028'58"West, 72.07 feet, along the north line of said Lot 1, to the Point of Beginning; Thence South 00°36'48"West, 212.61 feet; Thence South 51°27'40"West, 28.12 feet; Thence North 38032'20"West, 23.68 feet; Thence North 51°27'40" East, 21.61 feet; Thence North 00036'48" East, 198.67 feet to a point on said north line of Lot 1; Thence South 88028'58" East, 20.00 feet, along said north line, to the Point of Beginning. Said easement containing therein a calculated area of 4,701 square feet. o�►�LA ec'�EelsT�rA 552 .,,/Z/d3�i6 90'rB OF1 P�QN CFR E. Copyrighted®2011 by Tri County Surveying,Inc. 510 So.Washington Ave.,P.O.Box 974,Emmett,ID 83617-0974 Phone:(208)365.7470 Fax:(208)365-2880 114 CORNER EXHIBIT 'B' 8 9 WATERLINE EASEMENT IN LOT I of BLOCK 1 C R. No 110054175 OF COMMERCE PARK SUBDI VISION IN THE SOUTHWEST X OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN IN THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO. WI� a N n al � J_r •� BLOCK 2 70' CJ11MMERCE PARK SURDJVISION COMMERCIAL COURT N_88'28'58'•W cy �_ _478.30' N78'42'48"E �- N N88-28'58"W 29872' i ll -.35 1201 72.07'^ 70 U/ N LJ-r 2 BOCK `1 p� WATER LINE EASEMENT 0J1 ME:RCr PARK aJ �,3 SUBDIVISION a � CAI o ao�/N o 0 �i lu z, o a rZ v N51'274 p 21.51 / cn N38'32' 0"W 23 6�- 3 i cl N W SCALE, 1" = 100' EXISTING BUILDING 0 z , c) I z SL OCK 1 �pL LANp C01` M rRCZ PARK SUBDIVISION ��� ��sccT>: SG� o- 6552 N88728 55 W 408.29' f�LIL�II O z 1 70' -pOTglf O F TR/COUNTY SURVEYING; INC. cFR E. B�e� PROFESSIONAL LAND SURVEYORS 570 So. Woshington Ave.. P.O. Box 974 Emmett, Idoho 8361 7-09 74 8 g Phone- (208) 365-7470 DECEMBER 2011 17�16 INDEX No 311-09-3-0-0-45-3721 JOB No, 11-049WEsmt C.R No. 110054774