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HomeMy WebLinkAboutFranklin Industrial ESMT-2025-0016 (2025-010332) ADA COUNTY RECORDER Trent Tripple 2025-010332 BOISEIDAHO Pgs=8 ANGIE STEELE 02/18/2025 04:47 PM CITY OF MERIDIAN, IDAHO NO FEE Project 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 ofthis type, (See instructions for additional information). ESMT-2025-0016 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 18th day of February 20 25 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 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 Greg Ferney,Man ger STATE OF ID ) ss County of Ada ) his record was acknowledged before me on a V(date) by i-e-q a, (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 L(1 (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) 5ue Bu,9ess, ota re °`AR' `'' ''_ My gKininission Expiies: `S'lgTEN0 ��P`• Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN R8beiih Si ison Ma or 2-18-2025 � SEAL Attest by C ris Johnson, City Clerk 2-18-2025 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-18-2025 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. CHARLENE WAY COMMISSION No. 67390 Cha&ycWM NOTARY PUBLIC Notary Signature STATE OF IDAHO 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 1/4 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 1/4 Corner of said Section 9 bears, North 89020'44" West, 2,702.61 feet; Thence along the Southerly Boundary Line of the Southeast 114 of said Section 9, North 89020'44" 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 01 032'01" West, 22.00 feet; Thence, South 88°27'59" East, 30.00 feet; Thence, North 01°32'01" East, 22.00 feet; Thence, North 88027'59" West, 30.00 feet to the POINT OF BEGINNING: The above described Parcel of Land Contains 0.015 acres (660 Sq. Ft.), more or less. 8251 of EXHIBIT B [Exhibit commences on following page.] t I N. t Scale: 1"-60' t � I010 30 60 120 I t i 4 I I E. Lanark St. I P�148,18' int of I nning I S88'27'59"E L4 • L2 ' Line Table I Line Bearing Length I t ' L1 S01'32'01"W 22.00' '' " ' L2 S882759E 30.00 t � I L3 N01'32'01"E 22.00' I i L4 N88'27'59"W 30.00' t Legend Cv a, Found Aluminum Cap 4 I c ti n Calculated Point co to i w M I a Platted Lot Number f a PL LINOS d o zi Right—of—Way Line t NSFo GAG al I t F — — — Section Line 0 I �J r f ——— ——— Property Boundary Line � 82 ;a Centerline � F pp \10 �Q- Lot/Parcel Line of Record �,� ���,�,� ACHD Permanent Easement t 4160 E. Lanark St. t Parcel No.S 1 109438871 t ,� t t Warranty Deed Inst. p� a' I No.2020—009106 N00'34'57"E •y� 42.00' V _ 639.70' 9= j — �., — _ _ A- 2062.91' 9 10 s N89'20'44"W 2702.61' - - - - 1s 15 Basis of Bearings :\4160 fast LonaA Street 24-105\4-j\Revised-24-105 Seer B Water Easement No.1-1-26-2025A.9 4-18-24 IDAHO Exhibit "B" Job No. City of Meridian Sewer & Water Easement No-1 24-105 SURVEY BOISVV.EWIO83?ST Sheet No. eaise4&857063704 For 4160 East Lanark Street 1 (208)848-8570 GROUP, LLC Located In the SE1/4 of Section 9, Dwg. Date 0T.M., RAE., B.M., City of Meridian, Ada County, Idaho. 1/28/2025 30 n8B° T5 "w 3 0 O m N O C s88°27'59"e D b�4E •Q 0 City of Meridian Sewer & Water Easement No.1 1/30/2025 Scale: 1 inch= 4 feet File: Tract is 0.0152 Acres(660 Sq.Feet),Closure:n00.0000e 0.00 ft.(11999999),Perimeter=104 ft. 01 s01.3201 w 22 02 s88.2759e 30 03 n01.3201 a 22 04 n88.2759w 30