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Temporary Construction Easement with The Church of the Holy Nativity for Holy Nativity Episcopal ChurchTEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this ow day oft 20qbetween The Cbureli of the HolyNativity, the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian) Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desire to provide a temporary construction right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water service line and fire hydrant is to be provided for through an underground pipeline to be constructed by others and or GRANTEE; and NOW, THEREFORE, in consideration of the benefits to be receive([ by the GRANTOR, and other good and valuable consideration, the GRANTOR do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described Izroperty: (SEE ATTACHED EXHIBIT A and B) The temporary construction easement hereby granted is for the purpose of construction of water service litres and netiv fire hydrant and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said water service line by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said water service title, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 GRANTOR 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 describe(1 for this easement, which would interfere with the use of said easement, for the purposes stated herein. Temporary Construction Easement EASNIT TEv1P 11-15-13,doc THE GRANTOR hereby covenant and agree with the GRANTEE that should ally 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 GRANTOR do liereby eovenant with the GRANTEE that they are lawfAdly seized and possessed of the aforementioned and described tract of land, and that they have a good and lawfid 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 [lie day all(] year first herein above written. GRANTOR: Gladys Clynie Ys, Senior W rden //3 2- W51C, X® -'$fes Address ('®p h®�0 Ty 0,-rTu . 64 e, t-s4y ),e, Me P; , X V Rar6� STATE OF IDAHO ) ss. County of Ada On thit2t day of , , 20 , before nne, the undersigned, a Notary Public in and for said State; personally appeared Gladys Clyniens-, known or identified to 1110 to be the Senior Warden of the organization that executed the within instrument, and aclanowledged to me that such organization executed the same. IN WITNESS WHEREOF, I have hereunt t`nry hand and affixed my official seal the day and year first above written. (S4. NO Y71) IC FO AH 2,, Residing at IDAHO NPN."m' Comnnissiores:My C�Mt jpzt ioN EXPIRES Q5/1912Q 1 Sao®� Temporary Constmetiorn Easement EASIATTEMP 11-15-13.doc GRANTEE: CITY OF MERIDIAN ul ('it", of AU6"st-W, aycee L 'Hohtia Approved"13 City Caiyti�i STATE OF IDAHO, ) : ss County of Ada ) City Clerk I Oil: On thus day of ('(C _� )!L)� 20 ,before me the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, 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,1 have liereunto set my hand and affixed my official seal the day and year first above written. NOTAMY PUBLIC TOR IDAHO\ Residing at: rte-- C A -161a)" , t D Commission Expires: � cn q , QCQ0 Temporary Construction Easement EASMT TEMP I I -I 5-13.doc TEMPORARY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO EXHIBIT A An easement for waterline construction purposes located in the SE'/ of the SW V4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, and being a part of that parcel shown on Record of Survey No. 6891 on file as Instrument No. 105058602 in the office of the Recorder, Ada County, Idaho more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE '/ of the SW %a from which a brass cap monument marking the southwesterly coiner of the SW '/ of said Section I beats N 89°34'21" W a distance of 2652.88 feet; Thence N 89°34'21" W along the southerly boundary of said SE %a of the SW %, a distance of 180.00 feet to a point; Thence leaving said southerly boundary N 0'19'11 " E a distance of 60,00 feet to a point on tite easterly boundary of said parcel and the POINT OF BEGINNING; Thence continuing N 0°19'11 " E along said easterly boundary a distance of 117.00 feet to a point; Thence leaving said easterly boundary N 89°34'21" W a distance of 50,00 feet to a point Thence S 0119'11" W a distance of 137.00 feet to a point on the northerly right -of way of Cherry Lane; Thence S 89°34'21" E along said northerly right-of-way a distance of 20.00 feet to a point; `thence leaving said northerly right-of-way N 0°19' 11" Ea distance of 20,00 feet to a point; Thence S 89°34'21" E a distance of 30.00 to the POINT OF BEGINNING. This parcel contains 6,250 square feet (0.144 acres) and is subject to any other easements existing or in use. Prepared by; Glenn K, Bennett, PLSt.I3 Civil Survey Consultants, Incorporated August 29, 2014 , M ll-j � JI �r oW� J Or�,�u0 0 ^ "1 O o o 3 „11,61,0 N 00'LI / �� ,0009 " Z ON iZZ 00'06 N ow0 z� o O „11,61.0 ,06'Z£'1 "� U �000 q moo v