Cross Access Easement for Emergency Services with Ten Mile Christian Church for Avest Limited PartnershipADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 06/06/08 10:25 AM
DEPUTY Ycla Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII~III III
City of Meridian 10806561
Space for recording
CROSS ACCESS EASEMENT FOR EMERGENCY SERVICES
This indenture, made this ~ 7~day of ~, 2008 between Ten Mile Christian
Church, the party of the first part, and heremafter 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
AVEST LIMITED PARTNERSHIP, 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 church
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 grated 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.
On behalf ofl the Corporation
STATE OF IDAHO )
SS
County of Ada )
On this o'~ ~ day of C~~ 2008, before me the undersigned, a
Notary Public in and for said State, personal y appeared L.QT h~! ct. r
and know or identified to me to the Outreach Minister of the Corp ration, that executed
the within instrument, and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand affixed my official seal the day
and year first above written.
(SEAL) NOTARY LIC FOR IDAHOi~
Resides at ~D~t (~.tQ r~ ~ c~ct V16
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GRANTEE: CITY OF MERIDIAN
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Tammy de Wee ,Mayor ~R1 ~, ~'~;
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SEAL
Attest by J cee Holman City Clerk ~ e~
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Approved By City Council On: ~1-11"1,G , T g~t.'`\~~~
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STATE OF IDAHO, )
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County of Ada )
On this ~~ day of ~~~~ , 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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\ NOTARY PUBLIC FOR IDAHO
Residing at: (,C1 ~(~,d, ~r ~.1~
Commission Expires: 10'1 ~'1 I
Water Main Easement easmt wtr main
EXHIBIT A
Legal Description -Ten Mile Christian Chum, Inc. Property, Cross Access
Easement
A parcel of land located in the SE 1/4 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:
Commencing at the SE Comer of Section 10, formerly monumented by a 5/8" Steei 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 Commenting 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 Commenting 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 89°15'24' West, cointident with the southerly fine of the SE 1/4 of Section
10, a distance of 1558.60 feet;
Thence leaving said southerly fine of the SE 1/4 of Section 10, North 01°33'06' East a
distance of 1089.48 feet to a point on the westerly tine of the parcel conveyed by
warranty deed to Cherry Lane Christian Church, Inc. on November 17, 2003, recorded
November 21, 2003, Instrument Number 103195945, Ada County Recorder Records,
and the POINT OF BEGINNING;
Thence continuing North 01 °33'06' East, cointident with said westerly line, a distance of
29.33 feet to the northerly line of said parcel;
Thence South 86°26'51' East, coincident with said northerly line, a distance of 29.36
feet;
Thence South 46°35'12° West a distance of 41.50 feet to the POINT OF BEGINNING.
The area described above contains 430 square feet, more or less.
Basis of bearings is Grid North, Idaho State Plane Coordinate System, West Zone.
GRID NORTH GSP.C.S,
WEST ZONE
(NOT TO SCALE)
LINE TABLE
UNE BEARING DISTANCE
Ll N 133'06" 9.33'
L2 S8876'S1 "E 29.36'
L3 54635' 2"W 41. D'
0
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POINT OF
BEGINNING
-~ w ~ E i/4 CORNER, SECTION 10
of FOUND BRASS CAP MONUMENT
~ CORNER RECORD 103212098
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sE CORNER sECTION to. $ O
FORMERLY MONUMENTED BY '
A 5/8" STEEP. PIN, CORNER o ~ ~
RECORD 8725155; FOUND
S 1/4 CORNER, SECTION 10 ~ CORNER RED 68618 $ ~ N
FOUND BRASS CAP (NOT ACCEPTED) y
MONUMENT (ILLEGIBLE), I x
CORNER RECORD 8951331 POIIVT of COYIISNCQ~TG
~_ T 1082.04' _ 1558.60 A
N89'15'24"W 2640.64' ~/'-
FRANI~.IN ROAD i
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1NH.Pa
3501 W Eldet Street ,Suite 200
Boise, ID 89705
208-342.3400 Fax 208-342-5353
www.whpacificc;om
SKETCH FOR EXHIBIT A
A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE SE 1/4
OF SECTION i 0, T. 3 N., R. 1 W., BOISE MERIDIAN,
CITY OF ME14IDZ41N, ADA COUNTY, IDAHO
2008