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Water Main Easement with Ten Mile Christian Church for Ten Mile Christian ChurchADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 10 BOISE IDAHO 04114!08 11:08 AM DEPUTY Vicki Allen III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED-REQUEST OF 10~04~E1~3 Meridian Ciiy WATER MAIN EASEMENT ~~77 `` ~~"\L~1' ~ti THIS INDENTURE, made thi day of`~0.~,C~'l , 2t1~ 0 between IC1-1`(1"~ (~. ~ tSt' 1C•.1"1 ,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, service and subsequently connect to 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 construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities 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. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. 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. 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 shall be completely relinquished. Water Main Easement easmt wtr main Page THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, 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. TN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary STATE OF IDAHO ss County of Ada ) On this ~~ day of M~~C-~ 20 `~~ ,before me, the undersigned, a Notary Public in and for said State, personally appeared ~a~e NtvJbetc~ ~ ~Qtce\1 To.~\ot and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~tl~U~ (SEAL) O~~B~ESH~q'~cp NOTARY PUBL FOR IDAHO ~ Residing at MER\O~R~ ~ ~~~~0 V~ .~0,~ A A` ~'; Commission Expires: ~-~1~-'~.~~4 ...Or' • V ; •,, pU ~~~ • , ~ , ;C] ~A~ ~ ~~ Water Main Easement easmt wtr~mai^n~~ P ~ CITY OF MERIDIAN Tammy de Jaycee~Iolma~City Clerk Approved by Council on STATE OF IDAHO, County of Ada, ) ss. y ~ ~ '~ O ,~---- = SEAL = =; ~~¢' -,, 'f~ "fir ~a~ . •~,~. ` `~~ i ~~ ~ ~~ ~ `` b'-rTI7i~~~t<< On this Z~day of 11 lw ~:,~ , ,20~ ~ before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and Jaycee Holman, known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to 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. • EN ~ '•. SEAL : ~ ~ 4' ~`. C ~ , "~; ~ a 'l~,- , aho Notary Public for Id , ~~; ~ ,L, =;~ t ~,,' Residing at: (~1C~ I ~ w ~~~' '`~% ~ ~`~ My Commission Expires: 1O -( (-11 ~~ ~ ~ • ~'~ • .• • +~••.. p~~ ~'~ o~ EXHIBIT A Legal Description -Ten Mile Christian Church, Inc. Property, Water Line Easement Two 20 foot wide parcels of land located in the S 1/2 of the SE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: PARCEL 1 Commencing at the SE Comer of Section 10, formerly monumented by a 5/8" Steel Pin (Comer Record Instrument Number 8725155), said Point of Commencing being North 57°04" 26" West a distance of 0.27 feet from a found Brass Cap Monument (Comer Record Instrument Number 106168618), said Point of Commencing also being South 89°15'24" East a distance of 2640.64 feet from the S 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 8951331), said Point of Commencing also being South 00°52'05" West a distance of 2646.17 feet from the E 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 103212098); Thence North 00°52'05" East, coincident with the easteriy line of the SE 1/4 of Section 10, a distance of 236.49 feet; Thence North 89°07'55" West, perpendicular to the easterly line of the SE 1/4 of Section 10, a distance of 25.00 feet to a point on the westetiy right of way line of Ten Mile Road and the POINT OF BEGINNING; Thence North 88°56'44° West a distance of 64.07 feet; Thence North 00°49'40" East a distance of 105.63 feet; Thence North 44°39'53" West a distance of 29.67 feet; Thence South 90°00'00° West a distance of 259.36 feet; Thence North 47°21'46° West a distance of 248.09 feet; Thence North 87°16'49° West a distance of 44.76 feet; Thence South 47°43'11" West a distance of 60.17 feet; Thence South 58°58'44° West a distance of 101.59 feet; Thence South 80°50'11" West a distance of 150.19 feet; Thence North 88°14'31" West a distance of 101.03 feet; Thence North 76°58'22° West a distance of 102.66 feet; Thence North 65°42'15" West a distance of 102.66 feet; Thence North 54°26'05° West a distance of 102.67 feet; Thence North 43°09'18° West a distance of 40.93 feet; Thence South 44°38'00° West a distance of 156.00 feet; Thence South 89°38'00" West a distance of 99.87 feet to a point on the easterly line of Ada County Highway District right of way, Instrument Number 106073897, Ada County Recorder Records, said point being the beginning of anon-tangential curve; Thence northerly on said non-tangential curve to the left, coincident with the easterly line of said right of way, an arc distance of 20.40 feet, said curve having a radius of 62.50 feet, a central angle of 18°41'59", and a chord bearing North 09°37'18° East a distance of 20.31 feet; Thence North 89°38'00° East a distance of 88.06 feet; Thence North 44°38'00° East a distance of 168.51 feet; Thence South 43°09'18° East a distance of 59.75 feet; Thence South 54°26'05° East a distance of 98.72 feet; Thence South 65°42'15" East a distance of 98.71 feet; Thence South 76°58'22° East a distance of 98.71 feet; Thence South 88°14'31° East a distance of 97.15 feet; Thence North 80°50'11° East a distance of 144.42 feet; Thence North 58°58'44° East a distance of 95.76 feet; Thence North 47°43'11° East a distance of 66.48 feet; Thence South 87°16'49° East a distance of 60.30 feet; Page~~ Thence South 47°21'46° East a distance of 247.55 feet; Thence North 90°00'00' East a distance of 259.90 feet; Thence South 44°39'53° East a distance of 46.41 feet; Thence South 00°49'40° West a distance of 94.10 feet; Thence South 88°56'44° East a distance of 44.08 feet to a point on the westerly right of way line of Ten Mile Road, said point being offset 25.00 feet perpendicular from the easterly line of the SE 1/4 of Section 10; Thence South 00°52'05° West, parallel with and offset 25.00 feet from the easterly line of the SE 1/4 of Section 10 and coincident with the westerly right of way of Ten Mile Road, a distance of 20.00 feet to the POINT OF BEGINNING. The area described above contains approximately 0.812 acres. Basis of bearings is Grid North, Idaho State Plane Coordinate System, West Zone. PARCEL 2 Commencing at the SE Corner of Section 10, formerly monumented by a 5/8" Steel Pin (Comer Record Instrument Number 8725155), said Point of Commencing being North 57°04" 26" West a distance of 0.27 feet from a found Brass Cap Monument (Comer Record Instrument Number 106168618), said Point of Commencing also being South 89°15'24" East a distance of 2640.64 feet from the S 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 8951331), said Point of Commencing also being South 00°52'05" West a distance of 2646.17 feet from the E 1/4 Comer of Section 10, monumented by a found Brass Cap Monument (Comer Record Instrument Number 103212098); Thence North 00°52'05" East, coincident with the easterly line of the SE 114 of Section 10, a distance of 236.49 feet; Thence North 89°07'55" West, perpendicular to the easterly line of the SE 1 /4 of Section 10, a distance of 25.00 feet to a point on the westerly right of way line of Ten Mile Road; Thence North 00°52'05' East, parallel with and offset 25.00 feet from the easterly line of the SE 1/4 of Section 10 and coincident with the westerly right of way of Ten Mile Road, a distance of 20.00 feet; Thence North 88°56'44° West a distance of 44.08 feet; ..~s~.~- Thence North 00°49'40° East a distance of 94.10 feet; Thence North 44°39'53" West a distance of 46.41 feet; Thence South 90°00'00' West a distance of 259.90 feet; Thence North 47°21'46' West a distance of 247.55 feet; Thence North 87°16'49" West a distance of 60.30 feet; Thence South 47°43'11" West a distance of 18.56 feet to the POINT OF BEGINNING; Thence continuing South 47°43'11" West a distance of 21.35; Thence North 21 °47'41 ° West a distance of 148.60 feet; Thence South 68°12'19° West a distance of 24.96 feet; Thence North 21°47'41" West a distance of 20.00 feet; Thence North 68°12'19° East a distance of 24.96 feet; Thence North 21 °47'41 ° West a distance of 193.18 feet; Thence North 28°02'31 ° West a distance of 46.29 feet; Thence South 39°27'29° West a distance of 26.88 feet; Thence North 50°32'31 ° West a distance of 20.00 feet; Thence North 39°27'29" East a distance of 29.30 feet; Thence North 50°32'31 ° West a distance of 54.68 feet; Thence North 89°44'06° West a distance of 210.56 feet; Thence South 45°15'54' West a distance of 20.33 feet; Thence South 44°44'06' East a distance of 58.77 feet; Thence South 45°15'54" West a distance of 20.00 feet; Thence North 44°44'06° West a distance of 58.77 feet; Thence South 45°15'54° West a distance of 123.53 feet; _ ~, ,~~ Thence South 23°15'54° West a distance of 133.87 feet; Thence South 66°44'06' East a distance of 103.14 feet; Thence South 23°15'54° West a distance of 20.00 feet; Thence North 66°44'06° West a distance of 103.14 feet; Thence South 23°15'54° West a distance of 88.38 feet; Thence South 00°44'47° West a distance of 26.98 feet; Thence North 43°09'18° West a distance of 19.75 feet; Thence South 44°38'00° West a distance of 9.09 feet; Thence North 00°44'47° East a distance of 23.29 feet; Thence North 23°15'54° East a distance of 250.13 feet; Thence North 45°15'54° East a distance of 176.03 feet; Thence South 89°44'06° East a distance of 225.97 feet; Thence South 50°32'31 ° East a distance of 79.94 feet; Thence South 28°02'31 ° East a distance of 57.68 feet; Thence South 21 °47'41 ° East a distance of 355.40 feet to the POINT OF BEGINNING; The area described above contains approximately 0.624 acres. 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SHEET 2 OF 2 LINE TABLE LINE BEARING DISTANCE L 1 N88 56'44"W 44.08' L2 N2147'41 "W 20.00' L3 N28 02'31 "W 46.29' L4 S39~7'29'W 26.88' L5 N50 :32'31 "W 20.00' L6 N3977'29 E 29.30' L7 N50"32'31 "W 54.68' L8 N89 44'06'W 210.56' L9 S45'15'S4'W 20.33' L10 S44'44'06'E 58.77' L11 S45'15'S4"W 20.00' L12 N44'44'06'W 58.77' L13 S23'15'54'W 20.00' L14 S00'44'47"W 26.98' L15 N43O9'18"W 19.75' L16 S4438'00"W 9.09' L17 N00'44'47'E 23.29' N87'16'49"W E 1/4 CORNER, SECTION 10 FOUND BRASS CAP MONUMENT 60.30' CORNER RECORD 103212098 ~~ i~ W r,R'~i- N44:39'53'W co ~ ~~ % 46.41 ' ~ I S47'43'11 "W s`S~ ~ N I a 18.56' S90'00'00"W Fage~o~S~ .. Meridian City Council March 24, 2008 Page 4 of 26 to L-O zone for Stake House by the Church of Jesus Christ of Latter Day Saints - 5555 North Locust Grove Road: D. Water Main Easement Agreement for Gardner Ahlguist Gateway No. 1 by Meridian Medical Plaza, LLC: E. Water Main Easement Agreement for 10-Mile Christian Church: F. Change Order No. 4 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $11,360.00: G. Change Order No. 5 for the North Black Cat Trunk Sewer with Brown Construction, Inc. for $13,952.00: H. Task Order No. 0750 for the Sewer Main Extension at Powers Residence with Civil Survey Consultants, Inc. for $7,490.00: I. Task Order No. 2.6 for CEPT Pilot Test Support with CH2M HILL for $9,973.00: L. Temporary Construction Easement between City of Meridian as Grantor and ACRD as Grantee for Split Corridor Phase 1: De Weerd: Well, thank you. Okay. Item No. 5 is the Consent Agenda. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: With a request to remove Items J and K from the Consent Agenda and put them onto Item 7, I hereby move that we adopt the rest of the Consent Agenda and for the Mayor to sign and the clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: