HomeMy WebLinkAboutMeridian Commons - Sanitary Sewer and Water Main EasementOctober 7, 2013
Mr. Bruce Freckleton
Development Services Manager
Community Development Department
33 E. Broadway Avenue, Suite 102
Meridian, Idaho 83642-2619
Phone: (208) 887-2211
Subject: Sanitary Sewer and Water Main Easement
Meridian Commons
3230 E. River Valley Road
Meridian, Idaho
Dear Mr. Freckleton,
On behalf of North Eagle Road LLC, enclosed please find the original executed Sanitary
Sewer and Water Main Easement for Meridian Commons. The related lender's Joinder
and Consent should be received by you under separate cover for you to insert after the
signature page of this easement document (in place of copy of such included in this
document).
It is my understanding upon receipt of this original easement document we will be
placed on the October 15, 2013 City Council consent agenda for acceptance by Council
and if approved by Council the easement will be subsequently recorded. Please provide
us final copy once recorded.
Let me know if you have any questions or issues.
TYe
R1
North Eagle
Cc: Adam Gutin, Nason Yeager, Gerson, White & Lioce, PA
Ned Barnes, North Eagle Road LLC
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this A day of October; 2013, between North Eagle Road, LLC,. a South
Carolina limited liability company, the party of the fust part, and hereinafter called the Grantor, and
The City of Meridian, Ada County, Idaho, the party of the second party and hereinafter called the
Grantee;
WITNESSETH: '
WHEREAS, the Grantor desires to provide a sanitary_ sewer and water main right-of-way
across the promises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and
other good and valuable consideration, the Grantor does hereby give, grant and convey unto
the Grantee the right-of-way for a non-exclusive easement for the operation and maintenance
of underground sanitary sewer and water mains over and across the following described .
property
(SEE ATTACHED EXHIBITS A and i3)
The easement hereby granted is for the purpose of operation of sanitary sewer and water
mains and their allied facilities, together with their: maintenance; repair and replacement at
the convenience of the Grantee, with the free right of access to such facilities at all times.
Notwithstanding the foregoing, Grantee acknowledges that the easement hereby granted is .
located over a portion of the main access point to .Grantor's real property adjacent to said
easement and, accordingly, Grantee agrees to utilize the easement granted hereunder in a
manner so as to minimize disruption to the flow of traffic to and from the Grantor's adjacent
real property as well as commercial operations thereon unless an emergency situationmakes
such efforts impracticable.
TO HAVE AND TO HOLD, the said easement and right -of way unto the said Grantee; it's
successors and assigns forever.
Sanitary Sewer and Water Main Easement
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existing prior to undertaking such 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 GRANTOR hereby covenants and agrees that Grantor 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. Notwithstanding the foregoing, the area described for this easement
may be paved (with applicable curbing) by Grantor as well as used for driveways, roadways
and parking spaces in compliance with that certain Development Agreement between the
City of Meridian, SGI, LLC and North Eagle Road, LLC, dated January 15, 2013 and
recorded as instrument 113005608 with the Ada County Recorder; as may be amended from
time to time by the parties thereto.
THE GRANTOR hereby covenants and agrees 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 apart thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and
possessed ofthe aforementioned and described tract of land, and that Grantor has a good and
lawful right to convey said easement, and that Grantor will warrant and forever defend the
title and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its
signature the day and year first herein above written.
GRANTOR;
NORTH LE Rp4LLBR becea K. Wrighr
STATE OFNORTH -CAROLINA )
) ss
COUNTY OF RLuiComjoE
Sanitary Sewer and Water Main Easement
Phis -L day of OCT 2013, before me; the undersigned, allotary Public.
or said State, personally appeared Rebecca K. Wright, known orident lied to me to
nager of the company that executed the within instrument, and acknowledged to
tlfzeruyh company executed the same.
WHEREOF, I have hereunto set my hand and
bove written. f
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
Attest by Jaycee L. Holman, City Clerk .
Approved By City Council On: _
STATE OF IDAHO }
County of Ada
Rlsiding at: v�Ckc, loot F, o
Commission Expires: 2� ! a 1 I 1
seal the day
On this day of , 2013, 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 seat the day and
year first above written.
(SEAL)
Sanitary Sewer and Water Main Easement
NOTARY PUBLIC FOR IDAHO
Residing at:
Commission Expires:
SILVER CAPITAL COMMERCIAL FUNDING, LLC JOINDER AND CONSENT
The undersigned, Silver Capital Commercial Funding, LLC, aFlorida limited liability company, which is
the holder of that certain mortgage lien encumbering that certain real property in Ada County, Idaho, owned by
North Eagle Road, LLC, a South Carolina limited liability company (N. Eagle), pursuant to that certain Deed of
Trust Assignment of Rents, Security Agreement and Fixture Filingrecorded as instrument #113010827 and that
certain Assignment of Rents, Leases and Profits recorded as ins ru nent#113010828 in the Ada County Recorder,
Idaho, herebyjoins and consents to tie rights, privileges, easements and grants set forth in that certain Sanitary
Sewer and Water Main Easement dated October , 2013, between N. Eagle and the City ofMeridian, an Idaho
municipal corporation, and subordinates the lien of its mortgage to said rights, privileges, easements and grants.
WITNESSES:
Print Name:
Print Name' 11 e�Y�t I o �Tn { t
STATE OF FLORIDA )
)SS:
COUNTY OF PALM BEACH )
LENDER:
SILVER CAPITAL COMMERCIAL FUNDING,
LLC, a Florida limited liability company
By: Silver Capital Advisors,
a Virginia ancotpgration, ,
its Mager fl A
PrintNaiee
Print Title; 6FQI7'Y2QSurP_r
This instrmnent was acknowl�edrged-rbefore me on October q� 2013, by
t�PS5aA. i�U�Sh6u5er ,as t�ru�lYC�GLYCIr of Silver Capital Advisors, Inc.,
a Virginia corporation, as Manager of Silver Capital Commercial Funding, LLC, a Florida Limited liability
company, on behalf of said limited liability company. He he is personally [mown to m4or-ke3-prednced
IN WITNESS WHEREOF_ I
K1151
Gam_ aryl, `;`
o'_ , #EE839980
My Commission Expires: Q I
H99717122322�DSewer WaterEasemeruCityAGG,doe/egg
Sanitary Sewer and Water Main Easement
set to hand and Notarial Seal this 1
y �' I day of October,
* $rotary Public
�Q riG`Q A. C64o,
Public Printed
WW' W
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THE LAND GROUP, INC
March 18, 2013
Project No.1121D9 -
Sewer & Water Easement Description -
Meridian Commons
6,795 Square Feet -
Exhibit "A"
A tract of land situated in a portion of the Northwest One Quarter of Section 4, Township 3
North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows:
COMMENCING at the West One Quarter Cornerof said Section 4, which bears South 0°36'08"
West a distance of 2,611.39 feet from the Northwest Corner of said Section 4, thence, South
89°45'23" East a distance of 350.00 feet to a point on the northerly right-of-way fine of East
River Valley Street; -
Thence leaving said northerly right-of-way line, North 0"36'08" East a distance of 4L47 feet to
the POINT OF BEGINNING. -
Thence North 89°45'23" West a distance of 150.21 feet
Thence South 0'14'37" West a. distance of 11.06 feet;
Thence North 89"45'23" West a distance of 20.00 feet; -
Thence North 0'14'37" East a distance of 11.06 feet;
- Thence North 89`45'23" West a distance of 1452 feet;
Thence North 0'14'.37" East a distance of 35.00 feet;
Thence South 89°45'23" East a distance of 11.75 feet;
Thence North 0"14'37" East a distance of 10.44 feet;
Thence South 89'45'23" East a distance of 10.00 feet;
Thence South 0'14'37" West a distance of 10.44 feet;
Thence South 89°45'23" East a distance of 153.20 feet;
Thence South 0°36'08' West a distance of 35.00 feet POINT OF BEGINNING.
The.above-described tract of land contains 6,795 square feet, more or less, subject to all existing
easements and rights-of-way.
Attached hereto is Exhibit 'B" and by this reference made apart
hereof.
Prepared By: THE LAND GROUP, INC.
462 E. SHORE DRIVE; SUITE 100 '
EAGLE, IDAHO 83616
208-939-4041
208-939-4445 (FAX)
AV
I.mndn'aprllrtGiledure +Stir P/arminglGnilErgirerrrng.+GapCawm lmgokar e5'Enginening aGeryln'rCmm'unrlirarau
462 E. Sbme DAiv ' 91. 100; Eagle, Idaho 93616 . P 209.9391.4041 P 2tl&939.4445. •'.vww.th :m�1�.r, uOPi
' G:\2012\11210➢\Admin\l.eegaals\1. 130378 Sewer&Water Easement Dccriprian 1t2109.doc
Situated in the NW 1/4 of Section 4,
Township 3 North, Range 1 East, B.M.,
_ Meridian, Idaho _
2013
NW COR
SEC 4
i�
Q N014'3YE S89'45'2378
Ul
o 10.44' 10.06' -
c _ S39'45'23'E 5094'37W
{1.75'1 10.44' M523'E 163.20'
J I $ SEWER &WATER EASEMENT
6,795 SQ.
W 1/4 COR
SEC 4
P:O.B,
"16.2'as
ENGINEERISURVEYOR PROJECT INFORMATION Scafe: 9"=60'
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Exhibit D
Meridian Commons
Sewer & Nater Easement
3116/2013
112109
1 of 1
Title:
Date: 03-18-2013
Scale: I inch= 30 feet
File:
T and 1: 0.156 Ates: 6795 Sq Feet: CIosum = s54.0534w 0.00 Few: Precision =11415346:
Perimeter= 483 Feet
001=n89.4523w 150 .21 -
006=n0.]437e35.00
011�89.4523e163.20
002=s0.1437w 11.06 -
007�89.4523e 11.7$
012=0.3608w 35.00
003=n89A523w20.00
008=n0.1 -437e 10.44
-
004— OA437e 11.06
009=s89.4523e 10.00
005=n89.4523w 14.52
010=s0.1437w 10.44