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Water Main Easement with Cherry Lane Christian Church for House Relocation Cherry Lane Christian Church :", 'f .. .~ ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/1B/07 01:30 PM DEPUTY Neava Haney RECORDED-REQUEST OF Meridian City AMOUNT ,00 5 1111111111111111111111111111111111111 107008143 .._---./ WATER MAIN EASEMENT THIS INDENTURE, made this J S14 day of J)eLtw-ltr ,20 P..iL between Cherry Lane Christian Church 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 desires 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 and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a water main over and across the following described property: (SEE ATACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, 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 the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee 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 hereby covenants and agrees that it 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 pwposes stated herein. Water Main Easement Page 1 p~ EASMT WTR If THE GRANTOR hereby covenants with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year fit therein abov written. STATE OF IDAHO) ) ss County of Ada ) On this I <{ day of O~ c.. . . 20 [) , , before me, the undersigned, a Notary Public in and for said State, personally appeared Larry L. Woodard, Outreach Minister and Elder of the corporation that executed the within instrument, and acknowledge 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 fist above written. ~~TARYr~AHO ,_ Residing , at tJ~ilJ tc"cJ (J . Commission Expires: O~L I '1 2 () Ii Water Main Easement Page 2 pal*~Wil 5. CITY OF MERIDIAN ",,11 lillI/II!!, \\" Of I' - ,III. ,,\' ... 1~;Eff~-i'" '//, , .A."\ '~_'f '/. ,~ ..'\. " "'" '''r, "J" ~ U' O~PQtt~ )-..,~ .'h..~ r.;... ... .J:J " ,., '\ ';. S ~- '0 \ -:;. ~ \ :::. - f:": -::~ ,," -c- I =; _ k';"" .. .~'.,:' ,I _ Approved by Council on : //t'.'~' g (.lISt ,,.....,- "l ,..:.....1 ..... ) J ~ : "./ .t-.:"~"-' ..;::- ---- ..("" '\. .,' ,," \,,). ,<,-'" 1 j .. \ \\.0' /1/"1-1111111\\\\ STATE OF IDAHO, ) : ss. County of Ada, ) 'h. ,~ '~ " On this lif day of () aIVLUt(,{0 ,20~ before me, the undersigned, a Notary Public in and for the State of Idaho, 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, Idaho and who subscribed their names to 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 ....... ....g.t\.8~... · 'tAlt .. "~!a. 0 . JI- . ..... ,. . . \ . . I . . . . I . . ' I . .\~~/: . 'lit. " ..A" ...---~ ~ . ~JJ.\1.. () C) uh vv1/V7 c))/1-'L-/ -It\. Notary Public for Idaho Residing at: '71"'1.-{ (J..;A- My Commission Expires: .yof IO-/)"-f/ Page ~ nf ~ EXHIB IT "A" A Water Line Easement situated in a portion of the SEl/4 of the SE1/4 Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the SE corner of said Section 10, thence along the East line of said Section 10 NOoo27'06"E a distance of903.64 feet to a point, from which a brass cap monument marking the NE corner of the SE1/4 of said Section 10 bears NOoo27'06"E a distance of 1742.43 feet, thence leaving said East line N890l8'26"W a distance of25.00 feet to a point on the West right-of-way line ofTen Mile Road marking the POINT OF BEGINNING; Thence leaving said West right-of-way line N890l8'26"W a distance of 58.49 feet to a point; Thence S3l 038' l8"W a distance of 35.95 feet to a point; Thence N58021' 42"W a distance of20.00 feet to a point; Thence N3l 038' l8"E a distance of 47.28 feet to a point; Thence S890l8'26"E a distance of 69.73 feet to a point on said West right-of-way line; Thence along said West Right-of-way line SOo027'06"W a distance of 20.00 feet to the POINT OF BEGINNING. Said easement contains 2,574 square feet or 0.06 acres more or less and is subject to all existing easements and or rights-of-ways of record or implied. " See attached "Exhibit B" and by this reference is made a part thereof C066119 Water Line Easement 121406 doc page~f '5 I I I 1 rsoo;~7f"w " -y I ~ < weal ~ Cz:l :::: ~ - Cz:l N89'18'26"W I ~ E- 25.00' I I ~ ~ IV I I EXHIBIT "B" 1V A TER EASENIENT A PORTION OF THE SE 1/4 OF THE SE 1/4 OF SECTION 10 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN CITY OF MERIDIAN, ADA COUNTY, IDAHO 2006 <i PINE STREET . -". " ..<~~\,itL~~~;'~:,~lf:;~~~;;'>.. i:'~~r,~:~~::(~\$j'I:! ':~~.~~" '.\"'" . t? "Z '" ''if" /!fJi,~. 1l. '. " " .'\ i ;. ~ I" f1(, , ,.. 0 , V:Q \ '~r- ~ \d~~O'\~~ ~.~~~!~~ >~ 5a9'lS'26"E 69.7,3' ~r-- q W(B") ,,~ ~ ,~/~, p- NS9'18'26"W - - 'b ~ :..1 ~ / ~ ~ ~ 0 /~S31'38'lS"W I ~ 35.95' N58'21'42"W -.-I 20.00' LEGEND BOUNDARY LINE ROAD CENTER LINE : E 1/4 ~O~NER 10111 I n '<t N '<t r-- ,- '<t lD n o OJ EASEMENT LINE TIE LINE NEW WATER LINE FOUND 5/8" REBAR FOUND BRASS CAP CALCULATED POINT NEW FIRE HYDRANT 10 11 POINT OF BEGINNING - - - -7 - 15 014 <i FRANKLIN ROAD ~ w(S") @ ~ o 0- P.O.B. CHERRY LANE CHRISTIAN CHURCH HOUSE RELOCATION ...................c........E:~ ~"o..,~e:::::~e:.r-...J-r PINN A CLE Engineers j Inc. 12:\:12 w, f;u"".i.... 0,.,. Suil. EI. 8~u. J/ltl"'6 8J7lJ (:208) 687-1760 PagA f) nQ