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Cross Access Easement for Emergency Services with Avest Limited Partnership for Ten Mile Christian ChurchADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I BOISE IDAH010131108 08:45 AM II I I I II II II I I I II I II II II I I' I II I I I'I'II DEPUTY Vicki Allen RECORDED-REQUEST OF 16$119858 Meridian City Space for recording CROSS ACCESS EASEMENT FOR EMERGENCY SERVICES This indenture, made this day of ~U , 2008 between Avest Limited Partnership, the party of the first part, and ereinafter 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 emergency services access to adjacent landowners across the property hereinafter particularly bounded and described; and WHEREAS, in the case of a fire or other emergency on property currently owned by Ten Mile Church, alternative access to their property may be required by the Grantee; and NOW THEREFORE, in consideration of the benefits to be received by the Grantors and adjacent landowners, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for use by fire and other CITY OF MERIDIAN emergency personnel across the following described property; (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of free right of access across Grantees property 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. 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 the easement by CITY OF MERIDIAN fire and emergency personnel for the purposes stated herein. -2- 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 that be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and 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 whomever. IN WITENESS WHEREOF, the said parties of the first part have hereunto subscribed their signature the day and year first herein above written. GRANTOR vest Limned Partnership STATE OF IDAHO ) SS County of Ada ) On this `yf~ day of AygtDSr , 2008, before me the undersigned, a Notary Public in and for said State, personally appeared K A~~ /e e n fie, 6~ r and know or identified to me to a Managing Partner of Avest Limited Partnership, that executed the within instrument, and acknowledged to me that such Partnership executed the same. IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day and year first above written. (SEAL) ~ O C NOTARY P IC FOR IDAHO . Resides at ~odr ~ 4~ ~O~ZA~1„ ~,~ Commission expires: 2 2®/ tAr !as~o~ ~ ~ ~°iUB 4SG .• of . _ b GRANTEE: CITY OF MERIDIAN i~~~ i~ Tammy de eerd, Ma r ~.~~ ~, ,'9ij, ~'~., ;~ ~,TF , O = SAL - Attest by Ja ee Holman, City Clerk 9 "~ Approved By City Council On: STATE OF IDAHO, wrv ~ • ~~~-n~i ~~~„~~ . ss. County of Ada ) ~~~ s ~ On this day of W 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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 and year first above written. .•~p,M. ~,•. •• (SEAL) i ~, ~~~~, i • • ~ ~ • s ~ ~~, ,%I ~ .tf}, .~ C ~ .. ~: •:~~ ~,q. ARY PUBLIC FOR AHO Residing at: ,~I~~ ~ ~ t ~ Commission Expires: ~ C) -1 l--( ~ ^^ ^^ Quadrant May 21, 2008 Consulting, Inc. Page 1 of 2 EXHIBIT "A" 20.00 FOOT WIDE FIRE DEPARTMENT ACCESS EASEMENT A 20.00 foot wide fire access easement, across the Parcel of land described in Warranty Deed Instrument No. 101115511 said Parcel also shown as Parcel "A" on Record of Survey No. 5576, Instrument Number 101108209, Ada County Records, situated in the SE'/a of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said easement being more particularly described as follows: Commencing at the Southeast corner of said Section 10; thence along the East line of said Section, North 00°27'06" East 1096.83 feet to a 5/8" rebar and cap; thence leaving said East line North 88°51'50" West 48.00 feet to the West right-of--way line of North Ten Mile Road, thence along said Westerlyright-of way; North 00°27'06" East 182.95 feet to the POINT OF BEGINI~TING; thence leaving said Westerlyright-of--way South 89°49' 19" West 739.64 feet; thence South 67°08'00" West 27.74 feet; thence South 44°43'50" West 65.30 feet; thence South 00° 16' 10" East 42.43 feet; thence South 45°16' 10" East 94.25 feet; to a point on the southerly line of said Parcel A; thence along said southerly line North 88°51'50" West 29.00 feet; thence leaving said southerly line North 45°16' 10" West 73.24 feet; thence North 88°51'50" West 579.70 feet; thence South 68°39' 11" West 24.02 feet; thence South 46°10' 13" West 58.46 feet; to a point on said southerly line of Parcel A; thence along said southerly line North 88°51'50" West 28.30 feet; thence leaving said southerly line North 46°10'13" East 99.76 feet; thence South 88°51'50" East 550.98 feet; thence North 44°43'50" East 158.70 feet; thence North 89°49' 19" East 763.09 feet; to said West right-of--way line of North along said Westerlyright-of--way South 00°27'06" West 20.00 to the POINT OF BEGINNING 1904 W. 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