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Water Main Easement with Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints for Lombard-Conrad LDS Church ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 10/31/03 02:51 PM DEPUTY Bonni, Oberbillig RECORDED-REQUEST OF MerIdian Public Works AMOUNT .00 III 111111/111111111111111111111111111 103185131 WATER MAIN EASEMENT t"-""4'~'þJF ~ 0/" ~ BI8hoø 01 the Church 01 ,..zzt ....... CIIrtot 01 La1boNIo¡ISoiIIIo a Uloh Corporation sole THIS INDENTURE, made this~ aay of.bL, 20...3' between . 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 constrncted by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline ftmn 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 A TT ACHED 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 fTee right of access to such facilities at any and all times. TO HA VB 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. W Bier Main Easement Page 1 EASI"IT WTR Page...l-oL5... THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, 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 1awful claims of all persons whomsoever. GRANTO~':t~~'::'~'::"~::'sole ~~ ~ "'mil STATEOF~ ) ) ss County ofJ:t1:"r.I.A,)£ On t\ús ~ day of ~.6-.rr . 20&l, before me, the nndersigned, a Notary Public in and for said State, personally appeared r~ aftE! ~ known or identified to me to be the' pf,~. el) , of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. NOTARY PUDUC FLORA D. WRIGHT 50 E, N, TEMPLE ST, 12TH FLR SALT LAKE CITY, UT 84150 MY COMMISSION EXPIRES OCTOBER 10,2005 STATE OF UTAH ~ ¿)áVT'" PUBLIC FOR ~ n/# NOTARY Residingat ,rALTkd.CL:' 4~Jø Commission Expires: Â;' T ~ ...24.. r Water Main Easement Page 2 EASMT WTR paseE-oL2. STATE OF IDAHO, ) : ss. County of Ada) On this-1:!._ßay of Ð6+ohuu , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WilLIAM G. BERG, JR., 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 officiai seal the day and year first above written. (SEAL) ...".. ~~ NSA!. .- --___~"T./:ee e. "Ó't~;:,~. :1'4/'::: <;0'"°. : I ': : . I ' . . . . , e . ' , . \~ bo-lc'/O: .e d'..."::IJJ:n.._."~. e ",.......;.----....?>'.' ..:""~OF "".e- ..,..., Jha;¡ r(l !rru:fh NOTARY PUBLIC FOR IDAHO RESIDING AT: Adp/"'e,,~rW; MY COMMISSION EXPIRES: -2.-1) p~t2 , ARRHw . Land Surveying, Inc. GPS. BOUNDARy, TOPOGRAPWC AND AL. T.A StJRVBYS CONSTItucnON STAKING 3D SCANNING 1121 E. State Street. Suite lIS. Eagle. Idaho 83616 . office: 1-218-939-7373 . fox: 1-21/1.939-7321 Job No. 2002812 6-03-03 DRL LEGAL DESCRIPTION FOR LOMBARD-CONRAD LDS CHURCH (USTICK & LINDER) A 20-foOt wide waterline easement lying in the Northeast Quarter ortbe Northwest Quarter of Section 2, Township 3 North, Range 1 West of the Boise Meridian described as follows: Comm~nçing at the North Quarter comer of Section 2, Townsmp 3 North, Range I West of the Boise Meridian and rouning thence S 0015'3]" W 38.00 feet along the North- South centerline of said section; thence N 89"15'30" W 45.68 feet to the POINT OF BEGINNING; thence S 0°44'38" W 386,93 feet; thence N 89°15'30" W 252.93 feet; thence NO"44'39" E 386.93 feet; thence S 89°1S'30" E 20.00 feet; thence S 0044'39"W ]5.10 feet; thence S 89"IS'30" E 94.SS feet; thence S 0°44'30" W 20.00 feet; thence N 89"15'30" W 94.55 feet; thence S 0°44'39" W 234.34 feet; thence S 89"15'30" E 41.50 feet; thence S 0°44'39" W 20,00 feet; thence N 89°15'30" W 41.50 feet; thence S 0"44'30" W 77.50 feet; thence S 89"15'30" E 16.99 feet; thenceN 0"49'01" E 16.00 feet; thence S 89"15'30" E 20,00 feet; thence S 0"49'01" W 16.00 feet; thence S 89°15'30" E 175,94 filet ì thence N 0"44'38" E 366.93 feet; thence S 89"15'30" E 20..00 feet to the point ofbeginning. 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