HomeMy WebLinkAboutFranklin Industrial Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0066) 2024-044660 ADA COUNTY RECORDER Trent Tripple 2024-044660
BOISE IDAHO Pgs=8 VICTORIA BAILEY 08/14/2024 08:03 AM
CITY OF MERIDIAN, IDAHO NO FEE
Proiect Name(Subdivision):,
Franklin Industrial
Sanitary Sewer&Water Main Easement Number:
1 One
Identify this Easement by sequential number if Project contains
more than one easement of this type.
(See Instructions for additional information).
ESMT-2024-0066
SANITARY SEWER AND WATER MAIN EASEMENT
THIS Easement Agreement, made this 13th day of August 2024 between
Franklin Storage LLf, an Idaho limited liability compan ("Grantor") and the City of Meridian, an
Idaho Municipal Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises 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 an easement for the operation and
maintenance of sanitary sewer and water mains over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and 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 any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said
Grantee, its successors and assigns forever.
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 existent 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.
Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023
THE GRANTOR covenants and agrees that Grantor shall not place or allow to be
placed any permanent structures or obstructions within the easement area that would
interfere with Grantee's use of said easement, including, but not limited to, buildings, trash
enclosures, carports, sheds, fences, trees, or deep-rooted shrubs.
THE GRANTOR 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 a part 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 of the 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.
THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's
successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: FRANKLIN STORAGE LLC
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Greg Ferney, M ger
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STATE OF ID _ _
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County of Ada )
his record was acknowledged before me on11311!7 0 date by
(`1rpa �o�nA ►J
_ (name of individual), [complete the following tf signing In a
representative capacity, or strike the following if signing in an individual capacity] on
behalf of ' U4, (name of entity on behalf of whom record was
executed), in the following rep esentative capacity: mom;, ,■;n r (type of
authority such as officer or trustee)
(stamp)
ota re
My . )mmission Expires-—
Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 8-13-2024
Attest by Chris Johnson, City Clerk 8-13-2024
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on _8-12-2024(date) by
Robert E. Simison and Chris Johnson on behalf of the City of Meridian,
in their capacities as Mayor and City Clerk,respectively.
Notary Signature
My Commission Expires:3-28-2028
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
EXHIBIT A
[Exhibit commences on following page.]
Exhibit "A"
City of Meridian Sanitary Sewer & Water Easement
Description No.1 For
4160 East Lanark Street
The following Describes a Parcel of Land for the Purpose of a Sanitary Sewer&Water Easement being
a portion of the Southeast 114 of Section 9, Township 3 North., Range.1 East., B.M., City of
Meridian, Ada County, Idaho, and more particularly described as follows:
COMMENCING at the Southeast Corner of said Section 9; From which, the South 114 Corner of said
Section 9 bears, North 89120'44" West, 2,702.61 feet; Thence along the Southerly Boundary
Line of the Southeast 114 of said Section 9, North 89°20'44" West, 2062.91 feet to a point on the
Prolongation of the Westerly Boundary Line of a Certain Parcel of Land as Described in
Warranty Deed Instrument No. 2020-009106, Records of Ada County, Idaho. Thence leaving
said Southerly Boundary Line, and along the Westerly Boundary Line and its Prolongation of
said Certain Parcel of Land, North 00°34'57" East, 42.00 feet to the Northerly Right of Way Line
of West Franklin Road; Thence continuing along said Westerly Boundary Line, North 00°34'57"
East, 586.69 feet; Thence, South 88°27'59" East, 148.18 feet to the POINT OF BEGINNING:
Thence, South 01°32'01" West, 20.00 feet;
Thence, South 88027'59" East, 30.00 feet;
Thence, North 01°32'01" East, 20.00 feet;
Thence, North 88°27'59" West, 30.00 feet to the POINT OF BEGINNING:
The above described Parcel of Land Contains 0.01 acres (600 Sq. Ft.j more or less.
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EXHIBIT B
[Exhibit commences on following page.]
1 I
I N
, Scale: 1"=60'
0 10 30 60 120
1
4 I
E. Lanark St.
Point of I
Beginning
S88'27'59"E 148.18'
L2'Ll
l; Line Table ,
I '
Line Bearing Length
I
I_1 S01'32'01"W 20.00' i
,+ L2 S88'27'59"E 30.00' I
I I
I L3 N01'32'01"E 20.00' I
I I
L4 N88'27'59"W 30.00'
v '
I L—gend-
c0 I
OCv c, ,°�01 Q Found Aluminum Cap
3 11, w I Calculated Point
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Cp In� 1
v M Platted Lot Number I
I
O
��pNAt LA NOs a c zi Right-of-Way Line
W - - - Section Line I
c Q � Property Boundary Line '
� � Centerline
����F OF \0O�Q Lot/Parcel Line of Record '
E H • r// /// // Z ACHO Permanent Easement
4160 E. Lanark St.
Parcel No.S 1109438871 i ,d
of Warranty Deed Inst. Q14
No.2020-009106
vl --N00'34'57"E - _------------� c�
i :.--42.00' V
-- 8� - 639.70' 2062
A _ _ _ - �,�
a_ _ .9i'_ _ _ ^ 9 10
e N89'20'44"W 2702.61' 76 15
P;\4160 E-st Lawk Sheet 24-1c5';-1w;'.'t�-'OS Sewer&Wote,Eoaement No 14.9 4-10-24 Basis of Bearings
IDAHO Exhibit "B" 2a ios
9955 W.EMERALDST City of Meridian Sewer & Water Easement No.1
SURVEY BO(208)ISE 846-857DIDAHO 3704 For 4160 East Lanark Street Sheet 1 Na.
6-8570
GROUP, LLC Located In the SE1/4 of Section 9, Dwg. Date
T.3N., RAE., B.M., City of Meridian, Ada County, Idaho. 5/3/2024
30
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City of Meridian Sewer & Water Easement Description 5/3/2024
Scale: 1 inch= 4 feet File: Sewer & Water Easement No.l.ndp
Tract 1; 0.0138 Acres(600 Sq.Feet),Closure:n00.0000e 0.00 ft.(1/999999), Perimeter100 ft
01 s01.3201w 20
02 s88.2759e 30
03 n01.3201 a 20
04 n88.2759w 30