Water Main Easement with Corporation of the Presiding Biship of the Church of Jesus Christ of Latter day Saints for Meridian North Stake Center
ADA COUNTY RECORDER J. DAVID NAVARRO
, BOISE IDAHO 04/22/04 11:00 AM
! DEPUTY Bonnie Oberbillig
RECORDED - REQUEST OF
Meridian City
AMOUNT ,DO
WATER MAIN EASE1VIEN I
CPB #547-2547
THIS INDENTURE, made this Æ day of !n~ , 2004, between Corporation
of the Presiding Bishop of The Church of Jesus Christ of Latter-dav Saints, a Utah corporation
sole, the party of the first part and hereinafter called the Grantor, and the Citv of Meridian, Ada
County, Idaho, the party of the second part and hereinafter called the Grantee;
1111111111111111111111111111111111111
104048419
WITNESSETH:
WHEREAS, the Grantor desires to provide a water main right-of-way across the
premises and property hereinafter bounded and described; and
WHEREAS, the water main is to be provided for an underground pipeline to be
constructed by others; and
WHEREAS, it wiII 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 Grantor does hereby give, grant and convey
unto the Grantee, WITHOUT WARRANTY, a non-exclusive right-of-way and easement
for the construction, operation, maintenance, repair and replacement of an underground
water main over and across the following described property:
(SEE ATTACHED EXHIDITS A AND B)
The easement hereby granted is for the purpose of construction and operation of a water
line and appurtenant facilities, together with their maintenance, additional connection
thereto, repair and replacement, with the free right of access to such facilities for such
purposes at any and all times.
TO HAVE AND TO HOLD the said right-of-way and easement unto the said Grantee, its
successors and assigns forever.
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 ofthe easement
and any adjacent property which has been disturbed to the condition that existed 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 GRANTOR agrees not to construct substantial improvements on the easement
parcel which would unreasonably interfere with Grantee's easement rights hereunder,
provided, however, that Grantor reserves to Grantor, its successors and assigns, for all
times hereafter, the sole and exclusive rights: (a) to use the surface ofthe premises
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affected by this easement for any and all purposes not inconsistent with this easement,
specifically including but not limited to paved roads and parking areas, landscaping,
sprinkling lines and systems, sidewalks, curb and gutter; (b) to run lines for utilities and
allow others to run lines for utilities over and across the easement property, not
inconsistent with this easement; and (c) to use the easement parcel for other useful
purposes as deemed appropriate by Grantor, subject to this easement and not inconsistent
with this easement.
THE GRANTOR AND THE GRANTEE hereby covenant and agree that should any part
ofthe right-of-way and easement hereby granted become part of, or lie within the
boundaries of any public street, then, to the extent such right-of-way and easement
hereby granted lies within such boundary thereof or becomes a part thereof, it shall cease
and become null and void and of no further effect and shall be completely relinquished.
THE GRANTEE agrees, for itself, its successors and assigns, to indemnify and hold
Grantor harmless from and against any claims, demands, liabilities and/or causes of
action arising out of Grantee's exercise of the easement rights granted herein, including
without limitation all costs and reasonable attorney's fees incurred by Grantor in
defending itself, through counsel acceptable to Grantor, against any such claims,
demands, liabilities and/or causes of action.
IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the
day and year first herein above written.
GRANTEE:
City of Me' ,
Approved by City Council On: ~~~J\.. I Ð 8C~
GRANTOR:
Corporation of the Presiding Bishop of
The Church of Jesus Christ of Latter-day
Saints, a Utah corporation sole
By: {
to'
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STATE OF IDAHO
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COUNTY OF ADA
On this ~~ day of N s,<en,l>Qftr' . 200~ before me, the undersigned, a
Notary Public in and for said State, personally appeared Tammy deWeerd, known or identified to
me to be the Mayor of the City of Meridian and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, ~Jo6ve.~unto set my hand and affixed my official seal the
day and year first above written.,..+~c.v. l. Silt;"".
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COUNTY OF SALT LAKE )
On this /$ day of ÆA/?I'!N . 2004, before me, the undersigned, a
Notary Public in and for said State, personally appeared ~4fr r. .#"".0.:1 . known
or identified to me to be an Authorized Agent of Corporation of the Presiding Bishop of The
Church of Jesus Christ of Latter-day Saints, a Utah corporation sole, 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 first above written.
NOTARY PUBLIC
flORA D. WRIGHT
so E, N. TEMPLE ST. 12TH FlR.
~ SALT lAKE CITY, UT 64'SO
~ MY ~~~~~~s,:~~, ~~6;RES
STATE OF UTAH
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Notary Public
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LOCATEO IN THE SE 11. OF SECTION 30,
UN" R.1E., B.M" AOACOUNTY,IIJAHO
MERIDIAN NORTH8TAKE CENTER
20" WideWater Lín~ Easemen! EXHIBIT B
5555 No. L6cust Grove RD. AMEli ( AN
~o::~an.ldahO::~~, 2003 ~e3 ==4tJ
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American GeotecImics, 1nc,
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