Water Main Easement with Corporation of the Presiding Bishop of The Church of Latter Day Saints for Locust GroveD~~
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WATER MAIN EASEMENT
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THIS INDENTURE, made this 15 day of 2000 between CORPORATION OF
THE PRESIDING BISHOP OF THE CHURCH OF SUS CHRIST OF LATTER-DAY
SAINTS, a Utah corporation sole, the parties of the first part, and hereinafter 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 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 Grantors, 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 the operation and maintenance of a
water main over and across the following described property:
(SEE ATTACHED EXHIBIT A AND B)
The easement is subject to current taxes and assessments, reservations, easements, rights
of way, covenants, conditions, restrictions, zoning matters, liens, and encumbrances and
all other matters of record or enforceable at law or in equity.
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, except Sundays unless in the event of an emergency, and for no other purpose.
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 said easement, for
the purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the right of the Grantee to use the easement shall be subject to the following, which
upon use of the easement by Grantee shall be deemed agreed and acknowledged to by
Grantee: This Water Main Easement shall terminate if and when Grantee does not use
and has no further need to use the line and related improvements. Grantee shall enter
upon the easement at its sole risk, and Grantee hereby releases Grantor from any claims
whatsoever relating to the condition of Grantor's adjacent property and the easement and
any injury or damage to persons or property that may occur in relation to Grantee's entry
upon and use of the easement. Grantee shall maintain and repair the water main and
related appurtenances and improvements located on the easement in a good and safe state
of repair. After making repairs or performing other maintenance, Grantee shall restore
the area of the easement and the adjacent property of Grantor to a condition comparable
to that existent prior to undertaking such repairs and maintenance. However, Grantee
shall not be responsible for repairing, replacing or restoring anything placed within the
area described in this easement that was placed there in violation of this easement.
Grantee further hereby indemnifies, holds harmless and agrees to defend Grantor from
and against any and all liens, encumbrances, costs, demands, claims, judgments, damage
and/or expenses (including reasonable attorneys' fees and costs) caused by or arising out
of (i) the use of the water main and related improvements and any activity upon the
easement by Grantee, its agents, servants, employees, or contractors, and (ii) any
intentional or negligent act or omission by Grantee, or its successors and assigns, as the
case maybe, and their agents, servants, employees, consultants and/or contractors.
Subject to the foregoing, Grantor retains and reserves the right to use the easement for
any and all purposes not inconsistent with the full extent of the easement herein granted.
The prevailing party in any legal proceedings shall be entitled to its reasonable attorneys'
fees and costs from the other party.
THE GRANTOR hereby warrants unto the Grantee, its successors and assigns, that
Grantor is lawfully seized and possessed of the aforementioned and described tract of
land, and that the Grantor will forever warrant and defend the title to the same to the
Grantee, its successors and assigns, against the lawful claims of any and all persons
lawfully claiming by, through, or under the Grantor.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
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STATE OF UTAH )
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COUNTY OF SALT LAKE )
CORPORATION OF THE PRESIDING BISHOP
OF THE CHURCH OF JESUS CHRIST OF
LATTER-DAY SAINTS, a Utah Corporation Sole
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By.
Name (Prin ' 2 /r ` f ~~ • ~''~
Its: Authorized Agent
~, On this /~'~-`day of 2000, personally appeared before me
/ef ~ personally k>~ wn to me to be the Authorized Agent of the Corporation of
th Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah Corporation
Sole, who acknowledged to me that he signed the foregoing instrument as Authorized Agent for
said Corporation, that the seal impressed on the within instrument is the seal of said corporation,
and the said %tf~ /`'• uGYG~ acknowledged to me that the said Corporation
executed the same.
Commission expires: ~ 4Od
C:\TEMP\SLWEasemmt3Gm.wpd
N tary Public
c ~ Notary Public
g s''~ °~ RITA C. JENSEN
9 ,. •~ ~ 50 East North Temple
o c Salt Lake City, Utah 84150 '
w~. My Commission Expires
~ e e ,r June 17, 2000
e State of Utah
3
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DESCRIPTION FOR WATER LINE EASEMENT
February 16, 2000
A 20.00 foot wide easement lying 10.00 feet on each side of a centerline located in the NW '/o of
Section 20, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at the Northwest corner of Section 20, T. 3N., R. 1 E., B.M., thence South 0°34' 14"
West 1,328.05 feet along the West line of said Section 20, to the Northwest corner of Rim View
Subdivision, according to the official plat thereof, filed in Book 43 of Plats at Page 3477, records
of Ada County, Idaho; Thence North 89°59' 19" East 48.00 feet along the Northerly Boundary
of Rim View Subdivision, to a point on the easterly right-of--way of Locust Grove Road;
Thence North 00°34' 14" East 10.00 feet along the easterly right-of--way of Locust Grove Road to
a point, said point being the POINT OF BEGINNING;
Thence along the centerline of said easement though the following courses;
North 89°59' 19" East 559.15 feet;
Thence North 00°00'00"West 337.50 feet;
Thence South 89°59' 19" West 555.79 feet to a point on the easterly right-of--way line of Locust
Grove Road, said point being the POINT OF TERMINUS;
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EXHIBIT A
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