Water Main Easement with Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints for Church of Jesus Christ of Latter Day Saints
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 04/22/05 10:19 AM
DEPUTY Paid Thompson
RECORDED - REQUEST OF
City 01 Meridian
AMOUNT
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B
1111111111111111111111111111111111111
11,351,349334
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WATER MAIN EASEMENT
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TIllS !NO ENTURE, made th is 1à- day of ~\ JJ ,~ between Corpora/ion of the
Presiding Bishop of the Church of Jesus Chr' t of Latter-day Saints, a Utah Corporation soLe, 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 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;
NO W, 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 rightv
of-way for an easement for the constructioQ operation, maintenance, repair, replacement ofà water
main over and across the following described property:
(SEE ATIACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water I ine 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, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, perfonningother maintenance or making subsequent connection to the
water line, Grantee shall restore the area ofthe 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 easementthat 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.
Water Main Easement
EASMT WTR Ids.doc
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THE G RANTa RS 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.
By:
STATE OF UTAH)
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County of Salt Lake )
(F 6 ¿; AWe N â/ Jt ðì¥AI1V 4é ...--I'f/ð /7V2,r ¡O4töciJ
, -' before me, the undersigned, a Notary
On this
day of
Public in and for said State, personallyapp ed ' known or
identified to me to be the President ani Secreta respectively, of the corporation thaExecuted the
within instrument, and acknowledged to me that su corporation executed the same.
(SEAL)
IN WITNESS WHEREOF, I have hereunto set my hand an
fist above written.
NOTARY PUBUC FOR UTAH
Residing at
Commission Expires:
Water Main Easement
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STATE OF UTAH
COUNTY OF SALT LAKE
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GRANTOR:
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On this . J/JC day of ðA#ÚA-Aj/ , 2005, personally appeared before me
~-M{/ F. /lp,¿:?; . personally known 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, who acknowledged before me that he signed the foregoing instrument as
Authorized Agent for the Corporation ofthe Presiding Bishop ofthe Church of Jesus Christ of
Latter-day Saints, a Utah corporation sole, and that the seal impressed on the within instrument is
the seal of said Corporation; and that said instrument is the free and voluntary act of said
Corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute said instrument on behalf of said Corporation and that said Corporation
executed the same.
WITNESS my hand and official seal.
NOTARY PUBLIC
FLORA D. WRIGHT
50 E. N. TEMPLE ST. 12TH FLA.
SALT LAKE CITY. UT 64150
MY COMMISSION EXI'IRES
OGT0I3ER 10.2005
StIITE; OF ,irAH
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Notary Public
Residing at: Salt Lake City, Utah
My commission expires: October 10, 2005
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GRANTEE: CITY OF MERIDIAN
Approved By City Council On:
STATE OF IDAHO,
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County of Ada
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On this {.2.{k day of Af-LJ , 20ð5, before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian,dàho, 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.
(SEAL)
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Water Main Easement
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EXHIBIT' A'
Watermain Easement Description
A 20.00 foot wide watermain easement centered on the water main pipeline with
centerline, more particularly described as follows;
Beginning at the West 14 corner of Section 25, Township 4 North, Range 1 West,
B,M., in Ada County, Idaho;
Thence North 00' 55' 15" East a distance of 555,03 feet, thence South 89"04'45"
East, 33,00 feet, thence South 89'04'45" East 335.00 feet, thence North 45"55'15"
East 40,80 feet, thence South 89'04'45" East 55,66, thence North 00" 55' 15" East a
distance of 144,57 feet to the REAL POINT OF BEGINNING.
Thence South 00.55' 15" West 323,79 feet;
Thence South 89.04'45" East 39,62 feet to the REAL ENDING POINT;
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EXHIBIT 'A'
Watermain Easement Description
A 20,00 foot wide watermain easement centered on the water main pipeline with
centerline, more particularly described as follows;
Beginning at the West ~ corner of Section 25, Township 4 North, Range 1 West, B.M"
in Ada County, Idaho;
Thence North 00"55'15" East a distance of 555.03 feet, thence South 89"04'45" East
33,00 feet, thence South 89"04'45" East 335.00 feet, thence North 45" 55' 15" East 40,80
feet, thence South 89"04'45" East 55,66 feet, thence South 00'55'15" West 29,33 feet,
thence South 89'04'45" East 214,81 feet, thence South 00"55'15" West 31.47 to the
REAL POINT OF BEGINNING;
Thence North 89'04'45" West 22.02 feet to the REAL ENDING POINT;
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EXHIBIT 'A'
Watermain Easement Description
A 20,00 foot wide watermain easement centered on the water main pipeline with
centerline, more particularly described as follows;
Beginning at the West )4 corner of Section 25, Township 4 North, Range 1 West,
B,M" in Ada County, Idaho;
Thence North 00"55'15" East a distance of 555,03 feet, thence South 89"04'45"
East, 33.00 feet, thence South 89" 04' 45" East 335 feet, thence North 45" 55' 15"
East 40.80 feet, thence South 89.04'45" East 4.14 feet to the REAL POINT OF
BEGINNING,
Thence South 89"04'45" East 51.52 feet;
Thence So uth 00.55'15" West 29.33 feet;
Thence South 89"04'45" East 214.81 feet;
Thence South 00"55'15" West 222,45 feet;
Thence South 45"55'30" West 69,07 feet;
Thence South 00"55'15" West 126.73 feet;
Thence South 44"04'30" East 11.79 feet;
Thence South 00" 55' 15" West 44,12 feet to a point on the North Right of Way of
West Cayuse Creek Drive which is the Real Ending Point.
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