2006 - Cherry Lane Christian Church Water Flush LineAt)A COUIITY BTCONI)EB J. DAVID IIAVABNO AMOUIIT ,OO 6
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WATER F LUSH LINE EA SEMENT
THIS INDENTURE, effective tnis 1{ dav ol ilPatu,2006, by the undersigned Cherrv
La ne Christi an Church who maintains a mailing address of P O. Box 671 Itrleridian ID
83680 hereafter referred to as "GRANTOR"for the benefit of the CitY of Meridian, a
municip al corporation of the State of ldaho th at maintains a mailing address of 33 East
ldaho Street, Meridian, ldaho 83642'hereafte r referred to as "CITY"
WITNESSETH:
WHEREAS,theC|TYdesirestohaveaflushlineforWELL#2TfromthewelltoTen
vit"c,""t.asshownontheattachedExhibitA,andfurtherdescribedwithinthis
instrument, and
WHEREAS,theGRANTORispreparingtoconstructalawnandrecreationarea
encompassing the proposed Flush Line during the eady Spring months of 2006' and
WHEREAS, the GRANToR and the CITY will mutually benefit from timely
installation of the flush line before landscaping and lawn installation occur;
NOW, THEREFORE, in consideration of ONE HUNDRED ($100 00) dollars' and
othergoodandvaluableconsideration,theGrantordoesherebygive,grantand
"on,"vuntotheCITYtheright-of-wayandpermanenteasementfortheconstruction,operationandmaintenanceofawaterflushlineoverandacrossthe
following described ProPerty:
A parcel of land located in the Southeast % of Section 10, Township 3
North, Range 1 West, Boise Meridian, Ada County, ldaho more
particularly -described as follows: Commencing at a 5/8" iron pin
marking the section corner common to Sections 10, 11, 14 and 15;
thence-North 0"52'05' East along the centerline of Ten Mile Road a
distanceofl096.83feettoapoint;thenceleavingsaidcenterline
North 88"26'5'1" West a distance of 48'00 feet to a 5/8" iron pin
located on the westerly righlof-way of Ten Mile Road' marking the
Point of Beginning; thence continuing North 88"26'51' West a
distance of +SS.Zl ieet to a point; thence South 45o32'44" West 48 37
feet to a point on the centerline of Ten Mile Creek; thence South
44'27'16" East along said centerline a distance of 20'00 feet to a
point; thence leaving said centerline North 45"32'44" East a distance
of 39.88 feet to a point; thence South 88"26'51" East a distance of
486.72 leel to a point; thence South 0"45'46' West a distance of
130.01 feet to a point; thence South 88'26'51' East a distance of
101 .01 feet to a point on the westerly righlof-way of Ten Mile Road;
thence North 0"52'05' East along said westerly right-of-way a distance
of 150.01 feet to the Point of Beginning.
Said easement contains 25,860 square feet (0.59 acres) and is
subject to any easements of record or in use.
WATER EASEMENT, Page 1 of{
A temporary construction easement for the purpose of constructing the water line
and related incidental work, thirty feet in width lying adjacent to and south of the
above described permanent easement, is also hereby granted to the City. The
temporary construction easement shall expire when all work is complete and the
construction contract terminates.
The permanent easement and right-of-way hereby granted is for the purpose of
construction and operation of a water line and allied facilities, together with
maintenance, repair and replacement at the convenience of the CITY, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said permanent easement and righlof-way unto the
said CITY, its successors and assigns forever.
lT lS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is laMully seized
and possessed ofthe aforementioned and described tractof land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
lN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
G ranto r
1
Cherry La
By: Larry
Christian Church
oodard, Outreach Minister
WATER EASEI\iIENT, Page 2 of {
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lN wlrNESS wHEREOF, I have hereunto set my hand and affixed my ofiicial seal
the day and year first above written.
t)i)n &4 {11,3rnulr^u
STATE OF IDAHO, )
County ofAda, )
ontnis Lf'dayot ,2006, before me, the undersigned, a
Notary Public in and for the S tate of ldaho, personally appeared Tammy de Weerd and
William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian,
ldaho and who subsc ribed their names to the within instrument and acknowledged to me
that the City of Meridi an executed the same.
SEAL
Notary Public for ldaho
Residing at:"jtoMy commission Expires:
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WATER EASEMENT, Page 4 of4
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