HomeMy WebLinkAboutWater Main Easement with TFCM Associates, LLC for Crossroads Center...
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WATER MAIN EASEMENT
THIS INDENTURE, made this /~~~ day of `-~~' , 20 01 between TFCM Associates . LLC ,
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
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline from 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 operation, maintenance, repair,
replacement of a water main over and across the following described property:
(SEE ATTACHED 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 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, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after 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 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
Water Main Easement
Page 1 EASMT.WTR
` THE GRANTEE hereby indemnifies and holds the Grantor harmless, its officers, employees, agents and
successors and assigns from and against any and all action, claims, loss, injuries, liabilities involg
personal injury,. property damage, or death to the extent caused solely or, in any part by the negligent acts
or omissions or willful misconduct of the Grantee in connection with the Grantee's use hereunder.
purposes stated herein.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, 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 lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR: TFCM ASSOCIATES, LLC
a Utah limited liability company
By DDR Family Centers LP
Its Ivlanaging Member
By DDR DownREIT LLC
Its General Partner
By Developers Diversified Realty
Corporation, its Managing Member
By:
Si ure : Joan U Allgood
Senior Vice Presi ent
~/~'~(-~Za / ~{G~11
Date
Robert .Come, Mayor
Attest by William G. Ber,
Approved By City Council On:
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County of Ada )
(see attached page)
On this day of , 20 ,before me,
Public in and for said State, personally appeared
known or ident to me to be the President and
Secretary, respectively, of the corporation that ted the within instrument, and
acknowledged to me that such corporation a ted the same.
IN WITNESS WHEREOF, I hav eunto set my hand and affixed my official seal the day
and year fist above
NOTARY PUBLIC FOR IDAHO
Residing at
Commission Expires:
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a Notary
Water Main Easement Page 2 EASMT.WTR
GRANTEE: CITY OF MERIDIAN:
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STATE OF OHIO )
SS:
COUNTY OF CUYAHOGA )
BEFORE ME, a Notary Public in and for said County and State, personally
appeared Joan U. Allgood, Senior Vice President of Developers Diversified Realty Corporation,
Managing Member of DDR DownREIT LLC, General Partner of DDR Family Centers LP,
Managing Member of TFCM ASSOCIATES, LLC, the limited liability company which
executed the foregoing instrument, who acknowledged that she did execute the foregoing
instrument on behalf of said limited liability company and that the same is her free and voluntary
act and deed and is the free act and deed of said limited liability company for the uses and
purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal at
Beachwood, Ohio, this ~~~~ day of ~T~i~~,~2y , 2001.
Nota~~blic ELIZABETH A. BERRY
Notary Public, State of Ohio, Cuya. Cty•
MY Commission Expires Mar. 8r ~t1 ~
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^^ Quadrant
January 12,2001 Consulting, Inc.
Page 1 of 2
EXHIBIT A
20-FOOT WIDE PUBLIC WATER MAIN EASEMENT
A 20-foot wide easement for the maintenance of a water main located in the Northwest 1/4 of
Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being 10 feet
each side of the following described centerline:
Commencing at the Northwest corner of said Section 9; thence along the west line of said
Section 9 South O1°08'42" West 349.93 feet, said west line also being the centerline of North
Eagle Road (State Highway 55); thence South 88°51' 18" East 283.07 feet to the POINT OF
BEGINNING; thence along the centerline of said 20-foot wide easement:
South 38°13'05" East 100.76 feet; thence
South 89°18'25" East 10.84 feet to the POINT OF TERMINUS.
Said POINT OF TERMINUS is South 38°46'05" East 557.67 feet from said North~~vest corner
of Section 9.
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\~'• LOUta`'e
40.5 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: quadrantQmicron.net
Civil Engineering • Surveying • Construction Management
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