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
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GRANTEE: CITY OF MERIDIAN
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Tammy de eerd, Ma r ~.~~ ~, ,'9ij, ~'~.,
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Attest by Ja ee Holman, City Clerk 9 "~
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
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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.
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ARY PUBLIC FOR AHO
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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. Overland Boise, ID 83705 • Phone (208) 342-0091 Fax (208) 342-0092 Ems
Civil Engineering • Surveying • Construction Management
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