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Grant of Easement with Brighton Corporation 1999 for Cherry Lane Golf CourseADA COUNTY RECORDER J. DAVID NAVARRO NI . IDAHO 1599 AP 15 PM Il 32 RECORKIJ -REQUEST OF FEEDEPUTY `99036694 GRANT OF EASEMENT The undersigned Grantor for and in consideration of Zero Dollars $0.00 and other good and valuable consideration, the receipt whereof is hereby acknowledged, do hereby grant and convey unto the City of Meridian, a municipal corporation, hereinafter referred to as "Grantees", whose address is 33 East Idaho Avenue, Meridian, Idaho 83642, its successors, assigns, lessees, licensees and agents a perpetual easement for ingress and egress to the Grantor's property and to construct, reconstruct, operate, maintain and repair an underground irrigation pipe line through the Grantor's property, which, from time to time, Grantee may require access upon, over, under and across the following described land situated in the County of Ada, State of Idaho, which the Grantor owns or in which the Grantor has any interest, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART THEREOF. Grantor further conveys to Grantee the following incidental rights: (1) A temporary right-of-way to be used during the period of construction upon a strip of land 10 feet wide on all sides of said easement, excepting public right of way and Grantees property. (2) The right of ingress and egress over and across the lands of Grantor within the above described property. (3) Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. (4) Grantor reserves the right to occupy, use, landscape and develop easement for all purposes not inconsistent with the rights herein granted. (5) Grantor covenants that it is the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. (6) Grantor hereby covenants that no building, structure, trees or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the subsurface of the easement area. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. Dated this lZrll- day 11999. GRANTOR BRIGTQN CORPORATION By: David Turnbull, President AttW_' J tc& �fid Secr ry of Corporati Page 1 of 2 STATE OF IDAHO ss: County of Ada On this /W6(� day of 1416L�199� before me, the undersigned, a Notary Public in and for said Sate, personally appeared aL known or identified to me to be the person whose name is subscribed within this instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first �e f� •�T ~ ® A '°etBL=G G� eee eeeeeee� ae O,�i T OF Idaho Page 2 of 2 EXHIBIT A Description of Cherry Lane Golf Course Irrigation Pipeline Easement An ingress -egress and utility easement located in the NW 1/4 of the SW 1/4 of Section 3, T.3N, R.1 W, B.M., Ada County, Idaho, more particularly described as follows: Commencing at the 1/4 corner, C.P. & F. Instr. No. 7852146, common to Section 4 and the said Section 3, from which the southwest corner of said Section 3 bears South 00°38'11" West, 3248.80 feet; thence along the west boundary of said Section 3 South 00038'11" West, 147.61 feet; thence leaving said West boundary line, South 89021'33" East, 45.00 feet to the REAL POINT OF BEGINNING; thence South 89°21'33" East, 10.00 feet; thence South 00'38'11" West, 515.00 feet; thence North 89°21'33" West, 10.00 feet; thence North 00'38'11" East, 515.00 feet to the Real Point of Beginning, containing 5150 square feet, more or less.