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Home My WebLink AboutFranklin Industrial Sanitary Sewer and Water Main Easment No. 2 (ESMT-2024-0067) 2024-044659 ADA COUNTY RECORDER Trent Tripple 2024-044659 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: 2 Two Identify this Easement by sequential number if Project contains more than one easement of this type. (See Instructions for additional information). ESMT-2024-0067 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 13th day August 24 between Franklin Storage LLC, an Idaho limited liability company ("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 I 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 3j 10 t[l�o�S' �• Greg Ferney, M ger STATE OFID ss County of Ada } his record was acknowledged before me on 4a (date) by f g �Qfi e (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of ' LC - (name of entity on behalf of whom record was executed), in the following rep esentative capacity: (type of authority such as officer or trustee) (stamp) ota re My mi nission Expires. f 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 _8-13-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) 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.2 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 89°20'44" West, 2,702.61 feet; Thence along the Southerly Boundary Line of the Southeast 114 of said Section 9, North 89120'44" 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 00034'57" East, 42.00 feet to the Northerly Right of Way Line of West Franklin Road; Thence continuing along said Westerly Boundary Line, North 00034'57" East, 651.70 feet; Thence, South 88°27'59" East, 97.56 feet to the POINT OF BEGINNING: Thence, North 01°32'01" East, 24.00 feet; Thence, South 88°27'59" East, 30.00 feet; Thence, South 01 032'01" West, 24.00 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. 5J3/ 8251 4F I'D K .' EXHIBIT B [Exhibit commences on following page.] i 1 1 I N ' Scale: 1"=60' I 1 010 30 60 120 f L6 i 4 S88'27'59"E 97,36' Point of L8 E. Lanark-St. I Beginning I I I � I i I1 I ,I ' Line Table ; 1 I 1 Line Bearing Length 1 L5 N01'32'01"E 24.00' Ii I L6 S88'27'59"E 30.00' + I i IL7 S01'32'01"W 24.00' i oCOL$ N88'27'59"W 30.00' I Q I Legend O b, U) Found Aluminum Cap a UjCalculated Point Platted Lot Number ; I y�OZ1P� �aNQs Right-of-Way Line 1 �y v�GEN$FO GAG �'� z Section Line 'T 1 a Q C I —-- --— Property Boundary Line V J� + - - Centerline .00 F OF �� ` I - — — — - Lot/Parcel Line of Record f' F iH • �O i ram, �i�i�IIZI ACHD Permanent Easement ; + i 4160 E. Lanark St. Parcel No.S1109438871 i pj Warranty Deed Inst. a No.2020-009106 ro N 00'34'57"E N - 42.00' V 9 639.70' 2QE gI� - 0- - 9 10 - - • 6 - N89'20'44"W 2702.61' P:\4160 East Lanark Street 24-105\Owq\24-105 Sewer h Water Easement No.24w9 4-18-24 Basis of Bearings IDAHO Exhibit "B" Job a4 o°s 9955 W.EMERALD ST City of Meridian Sewer & Water Easement No.2 SURVEY 801 SE,IDAHO83704 Sheet No. ,2ae,�.6857o For 4160 East Lanark Street 1 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 s88°27'59"e 30 v o � C+ N M C Q y 30 n88`2/'59"w City of Meridian Sewer & Water Easement No-2 gut 1-- /3/2024 Scale: 1 inch= 4 feet File: Sewer & Water Easement No.2.ndp Tract 1:0.0165 Acres(720 Sq.Feet),Closure:n00.0000e 0.00 ft_(1/999999), Perimeter=108 ft. 01 n01.3201e 24 02 s88.2759e 30 03 s01.3201w 24 04 n88.2759w 30