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Sanitary Sewer Easement with Valley Shepherd Church of the Nazarene for Church of the Nazarene ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 04/1Zf07 01:48 PM DEPUTY Neava Haney RECORDED - REQUEST OF Meridian City AMOUNT .00 8 1111111111111111111111111111111111111 107051801 SANITARY SEWER EASEMENT THIS INDENTURE, effective this (i.J day of In tr/,-:it . , 2007, by the undersigned Vallev Sheoherd Church of the Nazarene, who maintains a mailing address of 831 N. Main Street. Meridian Idaho, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". WITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 CITY; 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 CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, B-1, & B-2) The oermanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of reasonable access to such facilities at any and all times. The temoorarv construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire upon completion of the sanitary sewer line. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. 1. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall have the right to use and improve the easement area for uses which do not interfere with the use of the said easement or the purposes stated herein. Such uses shall include, but not be limited to landscaping, a tree selection that is coordinated with the CITY, ingress, egress, driveways, roads, parking, temporary storage, farming, pathways and utility extensions. THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures within the area described for this easement that would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEMENT, Page 1 of 3 page-Lou1- 2. IT IS 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) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of 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. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day ar first hereinabove written. /' STATE OF IDAHO) ) ss County of Ada ) On this -'2:L day of ~krc-L, 2Q07, before me Geo .7'-" 2i~""~ 0 , personally appeared.l( . I. niGkEtt3~tproved to me on tne basis 0 satisfactory evidence to be the person whose names is subscribed to the within instrument, and acknowledged that they executed the same. N My Commission Expires on /1-,/ oft/SF-- .:7/ ~.;J(7c?? 1/ ( Beneficiary: CITY OF MERIDIAN SANITARY SEWER EASEMENT, Page 2 of 3 P~~~. BY: I'" ,-' ATTEST: Date approved by Council; ~ . tI " ... I .. .' , , SANITARY SEWER EASEMENT, Page 3 of 3 .'. a~Ci ".r _ perte ~ 'odt, "'6"1 ~ .. STATE OF IDAHO, ) : 55. County of Ada ) On this~day Of~. , 2007, before me, the undersigned, a Notary Public in and for s Id State, personally appeared TAMMYDE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, 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 iiQil~ first above written. ..-:$ A. ":;~. - ~). ~---....",~~. 1/ A ' - l.4fi:.OT~;/1!i.._ OO~lD (l. ~~ ~~ (SEAL) :: ~: NOTARY PUBL 'FOR IDAHO : ! ;: RESIDING AT: ~ ... ,:: MY COMMISSION EXPIRES: ..~' A__ ct'. " .. -..i~v..&~tto... ..;.e- OF m ... ......... p~ 589.14'45"[ _ -f;o 00. ~_ s.., --=-PII-_-- -5 (-{/L '-----PII------PII-1 L_________ II J 1 III I ~ III I I bl I J r.jl I I " I I /I I I ~I I J I;... PARCEL B 3:: 01 1 IX) R.o.S. NO. 7269 "- oi [I cO 0::: ~I 10 I II CD VALLEY SHEPHERD SHEPHERDS 0), I I CHRUCH OF NAZARENE I CREEK LLC en r.i I I , II I I 0 III I J ~ LlJI II I ~ ~ a:: ~III ''0 z inl JI I~ I~ ~n I I g I ~ ffi z" JUl I~ol::! II I I ~~ vi 'II I 3:: b 21 I I I ~ , : I L _569.25.07"[ - - ..274.33' - - - - - - -1) N89'25'07"W lA1L 65.00' - - - - P/L - - J":= P/L .1:lfU!.:2slb7"W P/L 724.43'S - P/l ::::: ~ I P.D.S I ~ 0::: I'C'I CD I" r-. I~ I I ~~ o::;t 110 ,." 10 o Iz VICTORY ROAD '24 25 N. JL 1[' 2~ T66'"1, 200 SCALE: 1"=200' 460 SE COR. 19 SEC. 24 30 1HIIDClCUMtiNT.MgTHti:~~1HCDAPCAATm~ ;:'~=eNP ~ NlANtN&TRIlW!HTOI'PROFElSSIONAt.a&A\IK:&.lBna;fIROPERTYOfI . . ~J U B .J.U.&~OIH!!ftI,Inc.NmISHCtrTOIlIEU$ED.rNfMOU"""'Mrr. Pt.OTDATI!:~J2007 ....l 'ORN<<OnER~wmalf1M!~WI=lmDf LA&TUPDAlIlD:~ _ _~ ..unwoRlVt.YIC"OF.J.u.aIN~IrI~ OJU",,"I'Y:BAk _____ DESlGN8V::GiH .~. EXHIBIT B-1 V LLEY SHEPH RD CHURCH TEMPORARY CONSTRUCTION EASEMENT SHEET 1 OF De "'" D , p ij..: Project: Date: 10-06-059 March 6, 2007 EXHIBIT B PARCEL DESCRIPTION FOR A TEMPORARY EASEMENT That portion of the Southeast v.i of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on exhibit B-1 and more particularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Easterly boundary line of said Southeast v.i, North 00'38'24" East, 1,377.92 feet; thence North 89'25'07" West, 65,00 feet to the Westerly right-of-way line of South Meridian Road, the POINT OF BEGINNING; thence parallel with and 10.00 feet North of the Northerly line of a sewer easement as shown at Instrument No. 106182606, Ada County Records, North 89'25'07" West, 724.43 feet; thence parallel with and 10.00 feet East of the Easterly line of said sewer easement North 00' 45'15" East, 959.02 feet; thence South 89014'45" East, 50.00 feet; thence South 00' 45'15" West, 908.87 feet; thence South 89'25'07" East, 674.33 feet to the Westerly right-of-way line of South Meridian Road; thence along said right-of-way line South 00' 38'24" West, 50.00 feet to the POINT OF BEGINNING. Containing 1.875 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc, Gregory E. Holkesvig, P.L.S. GEH:lhc P:\PHK\10'06-059 Black Cat PH4\EasementsWalley Shepherd Church Temp.doc t'age~r1L 589'14'45"E (10.00' ~ _:...S...:: - -=-P/L ----5 ~/L - - - - - P/L - - - - - P/L I L_________ II : I III I ~ III I [ lj I I r.! r I : " I r I" I PARCEL B I in I IIN I RoO.S. NO. 7269 :;: ;; ,II;; I ~ \0 I() I SHEPHERDS 0) ~II 0) VAllEY SHEPHERD I CREEK LLC r I CHRUCH OF NAZARENE I or I I I II I I III I J ~ will:;: I ~ ~ !2 I n!2 I r:t: z in H'in r I I;; b lb r I o 0 I ffi Z II'" I 3: I::E I I I>:q. IN. III I hog (f) 'II I ~~I UL L S89'25'07"E - - - - 724.4~ - - - - - -I (r) ---- P/L ___t..=_ p/LN89'25'trf"w _ P/L _734A?i' _ P/L =-c.n P.O.8 I I :;: '" r:t: IN 0) I"": \0 1:2 I I 3:w ~':q. N I 'Co I~ I~ I VICTORY ROAD 24 25 N. J[, lr 2~0 1 dO." 200 SCALE: 1"= 200' 400 "'..DOCIIM...r..,.,.....1JI..UO:ORPOflol\.TeO"Iilla. ~":''''''''''' ~ .uANSNlTAuMem-CIF~aIR\ItCIi.~'JIoI!mort!InYOF" . . ~ U B J..U.a19lGlNBM,.ble.N<<JIBNlCJTTOBE!u:I!!D.IMYd'aeORPMT. Pl.OTDATE: '.. '" ,., POftNNOTtERPAOJ&G'fINma.rT'1'tlI!:BJIItSSWRmEN . ~ . AU'IHORlZA.1IONoFJ..u.II~__ WTLJPDATBk~1 - -~ DMWNBY:au: _____ DGmGM8r,O'-H .-...,... EXHIBIT A.1 VALLEY SHEPHERD C URCH PERMANENT SEWER EASEMENT N89'25'07"W 65.00' SE COR. SEC. 24 Sl-iEET 1 OF 1 r'\ t..s; _ l}. PageJ..\lL.oL... Project: Date: 10-06-059 March 6, 2007 EXHIBIT A PARCEL DESCRIPTION FOR A PERMANENT EASEMENT That portion of the Southeast v.. of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on exhibit A-1 and more partkularly described as follows: Commencing at the Southeast corner of Section 24; thence along the Easterly boundary line of said Southeast v.., North 00038'24" East, 1,367.92 feet; thence North 89025'07" West, 65.00 feet to the Westerly right-of.wayof South Meridian Road, the POINT Of BEGINNING; thence coincident with the Northerly line of a sewer easement as shown at Instrument No. 106182606 Ada County Records, North 89025'07" West, 734.45 feet; thence coincident with the Easterly line of said sewer easement, North 00045'15" East, 969.05 feet; thence leaving said Easterly line South 89.14'45" East, 10.00 feet; thence parallel with and 10,00 East from said Easterly line, South 00' 45'15" West, 959,02 feet; thence 10.00 feet North from and parallel with the Northerly line of said sewer easement, South 89'25'07" East, 724.43 feet to the Westerly right-of-way of South Meridian Road; thence along said right-at-way South 00.38'24" West, 10.00 feet to the POINT OF BEGINNING. Containing 0.389 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Gregory E. Holkesvig, P.L.S. GEH:lhc P:\PHK\10-06-059 Black Cat PH4\EasementsWalley Shepherd Church Perm.doc ~