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Water Main Easement with Stein Holdings, LLC for Life ChurchADA COUNTY RECORQER Ghrisiopher D. Rich AMOUNT .00 BOISE IDAHO 03101/12 12:37 PM QEPUTY Bonnie Oberbillig I~I IIII'll'~IIII'I~II'llll'llll) II'II RECORQED-REQUEST OP 1121887? Meridian City WATER MAIN EASEMENT THIS INDENTURE, made this l~ ~~"day of ~~ , 20~,?.~etween ~ ~ i ~ ~ "~ ~~`' ~ ~ # ~ ~ ~ ~ `-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.doc 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. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: 3 ~•~- President Address Secretary ~ ~~~ STATE OF IDAHO ss County of Ada ) On this l day of ~~ , 201 Z-, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ~~ ~~` ~' and ~- ~~ ~'~ ,known or identified to me to be a 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. ~~ fi~~~~-~,,, w ~~' ~ • ~, (~ •~ • U~ ~~~ ~ ~ r r : "`•.~, • ++ ~~ ~~~s~~~~~ V ~t ,,,~~ wAS1,~1 it~~ ~~~//II/I~~l P~~..~ NOTARY PU LIC F R 9 ~+~A~I'1 ~1~ ~~5~, Residing at ~n_~ Commission Expires: ~- -) '1 Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN 4o~~Z'Et3 A UC~s~ G~4 r~~ ~~~~ ~ ~ ~ r ~s ~ ~.~ Caty of ~`~' ~ ~~7IAN~ IDAHO ~+ ~ w ~~ ~w Attest b a cee L. Holman, Ci Clerk "r~q ~~°~ Y ~' °f ~b~ Ta~~~° Approved By City Council On: o`~ 6 STATE OF IDAHO ) ss CounTy of Ada ) On this ,~~_ day of ~ ~" , 20~, for , th undersigned, a Notary Public in and for said State erso all a eared r~. ~ and JAYCEE L. ' p ~ ~re en . . HOLMAN known to me to be the anc~ i lerk, res ectivel , of the Ci of Meridian, tY p Y ~' 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. ~. .••"+~. .'+~~ JQ1V'•. ~1 ..___. ~" a ~', ~ T RY PUBLI FOR 0 R~~~ ~ 0 ~ SEAL ` ' Resi in at: ~ `~ . f ) ~ ~ ,. • ', ~ ~ Commission Expires: • ~ ~ ; ~• ~iV%Tdit ~~~~~~(~~~ ++rr••s• Water Main Easement EASMT WTR.doc Exhibit "A" Job No. 11-049 December 21, 2011 Water Line Easement Description An easement under, over and across a portion of ~.ot 1 of Block 1 of Commerce Park Subdivision in the Southwest'/~ of Section 9, Township 3 North, Range 1 East, Boise Meridian, in the City of Meridian, County of Ada, State of Idaho described as follows: Commencing at the northeast corner of Lat 1 of Block 1 of Commerce Park Subdivision in the Southwest'/~ of Section 9, Township 3 North, Range 1 East, Boise Meridian; Thence North 88°28'58" West, 12,07 feet, slang the north line of said Lot 1, to the Roint of Beginning; Thence South 00°36'48" West, 212.61 feet; Thence South 51 °27'40"' West, 28.12 feet; Thence North 38°32'20" West, 2368 feet; Thence North 51°27'40" East, 21.61 feet; Thence North 00°36'48" East, 19.8,67 feet #o a point an said north line ofi Lot 1; Thence South 88°28'58" Eas#, 20.00 feet, along said north line, to the Pain# of Beginning. Said easement containing therein a calculated area of 4,701 square feet. ~~~ `~~~~ s~~ 552 ~,,1~/z3- fib 9~~rF o~o~~`~ \A E. 8~%` Copyrighted ~ 2011 by Tri County surveying., Inc. 510 So. Washington Ave., P,O. Box 974, Emmett, ID $3fi17-0974 Phone. X208) 365.7474 Fax: ~208j 365-2880 ~~ ~~~~~~ ~~~ ~ ~, n~-o ~ ~ t~~~~ ~ ~~ .~' ~: ~, ~~~ ~~~ z~ r -~ T7 ) \ +J~ f IL1i Nt r f EXHIBIT B' wa TER~~nlE EA SE~rEn! ~ !~v ~ o T ~ ~F ~~ ~CK ~ ~F COMMERCE PARK S~JBDlVlS1CI1~ IN TIE SOS ~H WES T 'a OF SEC TlON 9, TO wNSNrP 3 nIOR Tel, RANGE !EAST, BASE MERl~DlAN IN TAE CITY GF MERI~IA ~1, COUNTY CAF A D A, S TA TF OF !DA NO. ~ a ~_.. y t..~ 3 111 ~ , w ~ I {1 r ~_~, ~ 7+/'~,, ~~•~ ~._y r1~t5 r-i ~(\1 i'..~ = i 4"^. ~E 511 i J// i f'~„y 3!! ~^ C~~~E~~~IA~ C~uR r f ~~ ~V88 "28'58 "w v ~ ~~: 3Q U_ _ ._ ~' ~~_. ~ ~ ~ ~ ~'~ ~ ~ `~ ~ N88 ~8',~8 "W 298. ?~ ` -. • 4 f R. /V' ~~. ~~ s i f 7j~a d l./ f ! ~ s h ~, ' '+, {{1 ~.J ~ ~ WATER LANE EA S~Et~E~1 T "` / ~, O _....__ __ ~ ~ ~' ~ ~~ ~ ; ~' ° ~ :~ ~ ~' ~ ~; ~ ~~ ~ - .-~_. ~._...~ 1 ~~ ~. 1 ~,~q I' S Y Fr i " t E`X~~'TINB BU'ILt~ING Q ~ ~ ~~ ~ ~~ ~~ 1 ~'~, ~~ °~l ~' ~~ ~. tt~~I `+.j c.,. 3 `~~ ~ ~' 8i9 li 16 C R No 1 I CJ054 ~ ~~4 N~~ `2B'S~5 "V~ 4 Q8.4 ~ 1 W 1 C r 1 a j ~ ~ 1 rF , ~^, ! ~~:~~~I~1~~~~~~i a Y~ ~ li ~ ~ S~A~E; t = ~~C~ C~ TRl ~C~UN'T Y S~1RU~YINC~ lIV~. r~R~~ES~t~NA~. t,~ l~,Q Si~R VE YC~f75 ,~1 d Se, Wos~r~gtert Ave,, P: (~ Box 974 Emmef~, ldoho 83617-~U974 f~horre: X298} 365- 747Q 1NDE~ ~'o. 311-a~-;~-O-C~-45-3721 p~p,L L'4/~0 ?~~ ~~G15T~ sC~~A ~ ~~ ~ 6552 sJ~l~~/rl o ~~'~lf OF ~~P~~~v CE`/~, ~ gE,~ B~GEMBER 20 t 1 JC~B No, 1 ~ -449WEsm t