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Grant of Easement with Southern Idaho Corporation of Seventh Day Adventists for Well #12 Water Line EasementAds f)6un4y, Itisho, U++~" of ~- ~~~.- „~ ~ ; G"?~ / - 5 - ~i c.> 9000'79'7 stKr*a I~di?f!!9A G RAN T O F E A S E M E N T vast ` [7e~u3y /~ THIS INDENTURE, Made the _~ZO~~+_ day of ~g~,tw,6ev __, 1989, by the SOUTHERN IDAHO CORPORATION OF SEVENTH DAY ADVENTISTS, party of the first part, hereinafter called GRANTOR, and the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, the party of the second part, and hereinafter called the GRANTEE; W I T N E S S E T H WHEREAS, the Grantors are the owners of a portion of the southwest 1/4 of the southwest 1/4, Section 2, Township 3 N., Range 1 W., Boise-Meridian, Ada County, Idaho, and more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Grantor has previously granted an easement for ingress and egress over and through the property described in Exhibit "A"; WHEREAS, the Grantee is need of using the easement for purposes other than solely ingress and egress, which other uses include the placement of public utilities such as sewer, water, telephone, gas and cable television and maintenance thereof by the Grantee and utility companies; NOW, THEREFORE, in consideration of the mutual benefits to qM BROSE, FIT2GERALD 6 CROOKSTON Attomsya and C.OYIINIOla v.o. Bor 127 Metltllan, Itlaho 83612 Talayhons 88&NB1 be received by the Grantors and Grantees and other good and GRANT OF EASEMENT Page - 1 valuable consideration received by the Parties, which consideration is hereby acknowledged by the Parties, the Grantor hereby grants and conveys to the Grantee a permanent public utilities easement over, in, through, and under the property described in Exhibit "A", which may be used for the placement, construction, and maintenance of public utilities including sewer, water, telephone, gas and cable television lines, pipes, cables, etc. Grantors further grant and convey to the Grantee the right to grant, convey and assign rights in the public utility easement to public utility companies. The Grantors do hereby covenant with the Grantee that they are lawfully seised and possessed of the aforementioned and described tract of land in Exhibit "B", and that 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 whomsoever during the term of this easement. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns during the period of the grant of this easement. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove AMBROSE, FITZG ERALD SCROOKSTON w r i t t e n. AttO/neyafntl CoOneetore P.O. Box d27 Merl0len, Itlano CiB~Y Telephone 88B~M81 GRANT OF EASEMENT Page - 2 SOUTHERN IDAHO CORPORATION OF SEVENTH DAY ADVENTISTS BY ST'E L. c ~ - rest ent _... ---~ BK~~:.~~ ~ ~ ~ ~.~ S~ - - REU E~~~~ Secre ary CITY OF MERIDIAN BY:~~~ GRANT P. KINGSFORD - Mayor BY~ !1\ ( ~---~ JACK`NIEMANN - C-iv'ty; Clerk ~__ - AMBROSE, FITZG ERALO dCROOKSTON Allomaya entl Counselors P.O. eo. uT MerlElen, ItlNo e3az TelaPllone 389-IM7 STATE OF IDAHO ss. County of Ada ) On this ;~0'f` day of ~!:%~~~~-?i _, 1989, before me, the undersigned, a Notar Public in~and for said State y personally appeared STEPHEN L. McPHERSON and REUBEN BECK, known or identified to me to be the President and Secretary of the SOUTHERN IDAHO CORPORATION SEVENTH DAY ADVENTISTS, whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. GRANT OF EASEMENT Page - 3 •~ p~ AMBROSE, EITZGERAlO S CROOKSTON A„omeye uW Counselon IN WITNESS WHEREOF, my official seal, the above written. ~ ~.. ...F.~+i ~~r v ,.,.. ~.1~ c STATE OF IDAHO ) ss. County of Ada ) I have hereunto set my hand and affixed day and year in this certificate first Notary PubTic~or~I~iaho Residence ~n, Idaho On this 9`-0 02 day of J0.!A,.__ _ _, before me, the undersigned, a Notary Public in and r said State, personally appeared GRANT P. KINGSFORD and JACK NIEMANN, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same in their respective capacities of Mayor and City Clerk for and on behalf of said City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) ;+'~ ~~,,,,x~~,,~~~~~it~=~ ~, niJ~Ai?~, YI ar ~~ ; f 1 A ,a ~ PJ Z o) ~3` e~ `''~:'y~'eax9~ `~~ ~` "'~f ~: d~~f p`• otary~ubTic for `Idaho-_____.______ idence Meridian, Idaho P.O. Boz IY7 M'"°ae:1°'"° GRANT OF EASEMENT rei.PnoRSeesue, Page - 4 EXHIBIT "A" AMBROBE, FITZGERAID d CROOKSTON Atlomsya snA Couneslws P.O. BOx 12] MsrlElan, IESho B3B12 Telephone 88&1181 A 25.00-foot Ingress - Egress Easement lying in the SW 1/4 of Section 2, T. 3N., R. 1W., B.M., Ada County, Idaho and more particularly described as follows: Beginning at the brass cap marking the section corner common to Sections 3, 10, 11 and the said Section 2; thence North 0 19'07" East 345.00 feet along the Westerly boundary of the said SW 1/4 of Section 2, which is also the centerline of Ten Mile Road, to an iron pin, also said point being the REAL POINT Of BEGINNING; thence South 88 38'31" East 317,50 feet along a line Northerly of and parallel with the Southerly boundary of the said SW 1/4 of Section Z to an iron pin; thence South 0 19'07" West 25.00 feet along a line Easterly of and parallel with the said Westerly boundary of the SW 1/4 of Section 2 to a point; thence North 88 38'31" West 317.50 feet along a line Northerly of and parallel with the said Southerly boundary of the SW 1/4 of Section 2 to a point on the said Westerly boundary of the SW 1/4 of Section 2; thence North 0 19'07" East 25.00 feet along the said Westerly boundary of the SW 1/4 of Section 2 to the point of beginning; GRANT OF EASEMENT Page - 5