Water Flush Line Easement with Cherry Lane Christian Church for Well No. 27ADA COUNTY RECORDER J. DAVID
BOISE IDAHO 07/06/06 02:03 PM
DEPUTY Paiti Thompson
RECORDED-REQUEST OF
City of Meridian Public Works
NAVARRO AMOUNT .00
106108~C7
This sheet has been added to document
to accon:lmodate recording information
WATER FLUSH LINE EASMENT
WELL #27
CHERRY LANE CHRISTIAN CHURCH
WATER FLUSH LINE EASEMENT
THIS INDENTURE, effective this ' -1 day of Amu , 2006, by the undersigned Cherry
Lane Christian Church, who maintains a mailing address of P.O. Box 671, Meridian, ID
83680, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a
municipal corporation of the State of Idaho that maintains a mailing address of 33 East
Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY".
WITNESSETH:
WHEREAS, the CITY desires to have a flush line for WELL #27 from the well to Ten.
Mile Creek as shown on the attached Exhibit A, and further described within this
instrurpent, and
WHEREAS, the GRANTOR is preparing to construct a lawn and recreation area
encompassing the proposed Flush Line during the early Spring months of 2006, and
WHEREAS, the GRANTOR and the CITY will mutually benefit from timely
installation of the flush line before landscaping and lawn installation occur;
NOW, THEREFORE, in consideration of ONE HUNDRED ($100.00) dollars, and
other good and valuable consideration, the Grantor does hereby give, grant and
convey unto the CITY the right-of-way and permanent easement for the
construction, operation and maintenance of a water flush line over and across the
following described property:
A parcel of land located in the Southeast'/ of Section 10, Township 3
North, Range 1 West, Boise Meridian, Ada County, Idaho more
particularly described as follows: Commencing at a 5/8" iron pin
marking the section corner common to Sections 10, 11, 14 and 15;
thence North 0°52'05" East along the centerline of Ten Mile Road a
distance of 1096.83 feet to a point; thence leaving said centerline
North 88°26'51" West a distance of 48.00 feet to a 5/8" iron pin
located on the westerly right-of--way of Ten Mile Road, marking the
Point of Beginning; thence continuing North 88°26'51" West a
distance of 495.21 feet to a point; thence South 45°32'44" West 48.37
feet to a point on the centerline of Ten Mile Creek; thence South
44°27'16" East along said centerline a distance of 20.00 feet to a
point; thence leaving said centerline North 45°32'44" East a distance
of 39.88 feet to a point; thence South 88°26'51" East a distance of
486.72 feet to a point; thence South 0°45'46" West a distance of
130.01 feet to a point; thence South 88°26'51" East a distance of
101.01 feet to a point on the westerly right-of-way of Ten Mile Road;
thence North 0°52'05" East along said westerly right-of--way a distance
of 150.01 feet to the Point of Beginning.
Said easement contains 25,860 square feet (0.59 acres) and is
subject to any easements of record or in use.
WATER EASEMENT, Page 1 of
A temporary construction easement for the purpose of constructing the water line
and related incidental work, thirty feet in width lying adjacent to and south of the
above described permanent easement, is also hereby granted to the City. The
temporary construction easement shall expire when all work is complete and the
construction contract terminates.
The permanent easement and right-of--way hereby granted is for the purpose of
construction and operation of a water line and allied facilities, together with
maintenance, repair and replacement at the convenience of the CITY, with the free
right of access to such facilities at any and all times.
TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the
said CITY, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between
the parties hereto, that the CITY, in constructing and in making future
repairs, will expediently replace and restore the premises to a
condition comparable to that existent prior to undertaking such
construction, repairs and replacement. However, the CITY will not be
responsible for repairing, replacing or restoring any permanent
structures, large trees or brush placed within the area described in
this easement.
THE GRANTOR(S) do hereby covenant and agree that they will not place or allow
to be placed any permanent structures, large trees or brush within the area
described for this easement, which would interfere with the use of said easement,
for the purposes stated herein.
THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized
and possessed of the aforementioned and described tract of land, and that he has a
good and lawful right to convey said easement, and that he will warrant and forever
defend the title and quiet possession thereof against the lawful claims of all persons
whomsoever.
IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures
the day and year first hereinabove written.
Grantor
Cherry Lan Christian Church
By: Larry oodard, Outreach Minister
WATER EASEMENT, Page 2 of
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STATE OF IDAHO)
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County of Ada )
On this day of , 2006, before me V ~ G~ ~ ~EuG L~f ,
personally appeared Lany Woodard, Outreach Minister of the Cherry Lane Christian
Church, proved to me on the basis of satisfactory evidence to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed
the same on behalf of the Cherry lane Christian Church.
* ~ NoT9 ~~~~,~ ~' NOTARY PUBLIC F R AHO
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Beneficiary: CITY OF MERIDIAN `~"+~ `~ ~ ~ ~ ~ `''
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Tammy eerd, Mayor - ~ ~ ~ "
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William Berg, Jr., Cit Cle ``~% Jq ~`'~ ~ ~~`~~~'
Date approved by City Council: /I/~A~~-f~ ~ ~Et=~ r~O
WATER EASEMENT, Page 3 of~
STATE OF IDAHO, )
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County of Ada, )
On this rD-t~`day of ~J'~ ~,;'? C"~ ,2006, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and
William G. Berg, Jr., 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.
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WATER EASEMENT, Page 4 of 4
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SKETCH TO ACCOMPANY
EASEMENT DESCRIPTION
LOCATED IN THE SE 1/4 OF
SECTION 10, T3N, R1W, BM
Meridian City Council
March 7, 2006
Page 4 of 60
MOTION CARRIED: ALL AYES.
Item 6: Consent Agenda:
A. Approve Minutes of February 21, 2006 City Council Regular
Meeting:
B. Addendum to Development Agreement: MI 05-016
Miscellaneous request to modify the recorded Development
Agreement for Resolution Subdivision by removing Lot 7, Block 1,
from the requirement to obtain a Conditional Use Permit prior to
operation and construction of an office building by Conger
Management Group - 2045 East Overland Road:
C. Contract for Additional Support Services for Existing Model
Update with JUB Engineers, Inc.:
D. Right of Way Agreement for the Ten Mile Division Trunk:
E. Well No. 27 Flush Line Easement with Cherry Lane Christian
Church:
F. Award of Bid for Well No. 27 Flush Line to Star Construction,
LLC:
G. Blackrock Subdivision Memorandum of Understanding:
H. Approve Bills:
De Weerd: Item 6. Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda and for the Mayor to sign and
the clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion is to approve the Consent Agenda. If there is no discussion,
Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea.
MOTION CARRIED: ALL AYES.