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Water Main Easement with MGT Legacy Church at Meridian and ElmADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 F BOISE IDAHO 07118/12 11:49 AM DEPUTY Bonnie 06erbillig III I IIIIIII IIIIIIIIII I I IIIII IIII II III RECORDED-REDDEST OF 112079473 Meridian Ciry WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of Jvl , 20r Z between the MGT Legacy Church, 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 ofthe 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 mr 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, iYs 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-l.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 signatares the day and year first herein above written. GRANTOR: MGT LEGACY CHURCH Ralph owe, tairman of the Board ~.J d7 ~/. Y'I.E~•i`d<<2ti ~~i /~lBri(1i~.1/J ~36'~~ Address STATE OF IDAHO ) ss County of Ada ) S On this ~~ day of U ~~ ~ , 20 ~~, before me, the undersigned, a Notary Public in and for said State, personally appeared Ralph Lowe known or identified to me to be the Chairman ofthe Board, respectively, of the MGT Legacy Church that executed the within instrument, and acknowledged to me that the MGT Legacy Church executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ~~~~ NOTARY PUBLIC FOR IDAHO Residing at LAG[ C.pU-yi Commission Expires: / Water Main Easement EASMT WTR-l.doc GRANTEE: CITY OF MERIDIAN Tammy d erd, Mayor city of L. Holman, City Clerk ~L j1/~ E1~Lrn1~ ~onxo Approved By City Council ,r n. STATE OF IDAHO ) ss County of Ada ) On this 11 day of wl ~~ , 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. 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. 5S o . ~S ••~ OF N.• °•••.•• Water Main Easement { ~' ~~N ~ NO ARY PUB IC FOR IDAHO EAL) Residing at: ~--~QXi d-av~ t n Commission Expires:~~o.v~ 4 , 2.0- ~ EASMT WTR-l.doc EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO WATERLINE EASEMENT An easement for waterline purposes located in the NE %4 of the NE '/4 of Section 12, Township 3 North, Range 1 West, Boise Meridian, and being a part of Lot 17 of Block 1 of WILSON ADDITION as shown in Book 12 of Plats at Page 708 in the office of the .Recorder, Ada County, Idaho, more particularly described as follow: Commencing at a brass cap monument marking the northeasterly comer of said NE '/4 of the NE %a from which a brass cap. monument marking the southeasterly corner of the NE '/4 of said Section 12 bears. S 0°23' 19" W a distance of 2652.11 feet; Thence S 0°23' 19" W along the easterly boundary of said NE '/a of the NE '/4 a distance of 621.73 feet to a point; Thence leaving said easterly boundary N 89°36'41" W a distance of 45.68 feet to the POINT OF BEGINNING; Thence continuing N 89°36'41" W a distance of 14.90 feet to a point; Thence S 2°28'01" E a distance of 20.02 feet to a point; Thence S 89°36'41" E a distance of 14.90 feet to a point; Thence N 2°28'01" W a distance of 20.02 feet to the POINT OF BEGINNING. This parcel contains 298 square feet (0.007 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated June 18, 2012 ~J~r '~0$1 ~~ K. BE~~ EXHIBIT B POTABLE WATER EASEMENT LOCATED /N THE NE 1/4 OF THE NE 1/4 OF SECT/ON 12, TOWNSH/P 3 NORTH, RANGE 1 WEST, BO/SE MER/D/AN, ADA COUNTY, /DAHO. SPLIT CORRIDOR RIGHT-OF-WAY y l ' : O I N ~ I ~ POINT OF Z I BEGINNING Q _ N 89'36'41" W ' - - - - - - Z m r14.90 45.68' W al° P m i WILSON ADDITION °In~i_ N~~ s. BLOCK 1 mL:~ 4i94~ ~ N 1O . . S 89'36'47" E N ~ ~ LOT17 ~ `~ ° M 3 I O N _ p~ I ~ ~ N O I I (A I ft ELM STREET 10 20 40 60 SCALE: 1"=20'