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HomeMy WebLinkAboutWater Main Easement with TFCM Associates, LLC for Walmart Retail Outlet Services,. ,} t~ / p ,~ 2~2 J~~ ? 1 F~ 1 ~~ RECORDED-RE ~tQ~ FE DE O2O1Z55~ WATER MAIN EASEMENT THIS INDENTURE, made this ~~~ day of ~~• , 2001 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: ~VI-IEREAS, 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 tluough an underground pipeline to be constructed by others; and WI~REAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, TI~REFORE, 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 follo«ring described property: (SEE ATTACHED E3GiIBIT 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-r+jht-of-tivay unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UI\1DERSTOOD AND AGREED, by and between the parties hereto, that after malting 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 an}thing placed within the area described in this easement that teas placed therein violation of this easement. THE GRANTORS hereby covenant and agree that they ~~Il 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.«'TR 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: GRANTEE: CITY OF MERIDIAN: / ~~ Z- Date Date SEE PAGE 3 ~ ~-, Signature .Come, )Viayor Attest by William G. Berg; Approved By City Council On: STATE OF IDAHO ) ss County of Ada ) ~/ZZ/d Z - v~~•~~°,~t'r 4;~~ ~ " r~ ~~~; ~ ~~ itai;, F ~~ ~`~ T~ `X ~ ~M1, ~ ~ y ~~' ~ . 7 f •` y ~! - ~ .w.l' On this ~ day of ~ , 20 02, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~~ - '~-c~rrie~ _ and ~~ {"1~gyri ~i 6~e~~;;~ ~~ ,known or identified to me to be the 'and c~~ ~-~~~respectively, of the corporation thai_executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~...... i~•••O ~ ~'~•• .~ ~ . • ~ yi ~ ~ ^ ; ~ ^ • ~~i J'am` ~°1IgL1~'.~ '~ ~,i - ~':~~BOF~:'• ••...••• `Valet Main Easement ,-, NOTARY PUBLIC FOR IDAHO Residing at r.{, C (~~ ~ ~/ ~ ~ X Commission Expires: Pace 2 EASMT.VVIR ,, ,~ GRANTOR: TFCM ASSOCIATES LLC a Utah limited liability company By DDR Family Centers LP Its Managing Member By DDR DownREIT LLC Its General Partner By Developers Diversified Realty Corporation Its Managing Member By: Joa U. Allgood, Senior Vice President Date: aG~i3~~2 /G ~ aoo ~ 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 Gorporatiou, 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 hehalf 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 off cial seal at Beach~~~ood, Ohio, this Ill~i day of ©~f~i3E~2 , 2001. .. ~ <, ~~ {~~~ blic ~ •.~ ELIZABETH,~i Notary Public, State eF ly Commission Etc~IFls Water Main Easement Page 3 ~ . ~~. ~' 3 ' •~' ~, `~ ~ ~. r~ l;, September 25, 2001 Page 1 of 3 EXHIBIT A WATER MAIN EASEMENT ~~ o^ Quadrant Consulting, Inc. An easement for the maintenance of a water main located on a portion of Lot 1, Block 1 of Records East Subdivision recorded in Book 80 of Plats at Pages 8654 to 8656, Ada County Records, in the Northwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest corner of said Section 9; thence along the north line of said Section 9 South 89°22' 10" East 2,023.49 feet to the centerline of Records Avenue; thence leaving said north line South 00°25'00" West 198.47 feet along the said centerline of Records Avenue; thence leaving said centerline South 89°35'00" East 60.32 feet to the POINT OF BEGINNING; thence South 89°35'23" East 20.00 feet; thence South 00°24'37" West 138.52 feet to a point on an existing sewer and water easement in favor of the City of Meridian as recorded in said plat; thence continuing along said easement North 89°35'23" West 20.00 feet; thence leaving said easement North 00°24'37" East 138.52 feet to the POINT OF BEGINNING. 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 Fax (208) 342-0092 • Internet: quadrant®micron.net Civil Engineering • Surveying • Construction Management September 25, 2001 Page 2 of 3 EXHIBIT A WATER MAIN EASEMENT ~~ o ^ quadrant Consulting, Inc. An easement for the maintenance of a water main located on a portion of Lot 1, Block 1 of Records East Subdivision recorded in Book 80 of Plats at Pages 8654 to 8656, Ada County Records, in the Northwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northwest corner of said Section 9; thence along the north line of said Section 9 South 89°22' 10" East 2,299.84 feet; thence leaving said north line South 00°37'50" West 60.00 feet to a point on the north boundary of said Lot 1, said point being the POINT OF BEGINNING; thence continuing along said north boundary South 89°22' 10" East 20.00 feet; thence leaving said north boundary South 00°37'50" West 15.00 feet; thence North 89°22' 10" West 20.00 feet; thence North 00°37'50" East 15.00 feet to the POINT OF BEGINNING. 405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 Fax (208) 342-0092 • Internet: quadrant~micron.net Civil Engineering • Surveying • Construction Management ,r ~. r_.~_ O O N N w m ~ M w E- w n.O w (n M w Z J Z O F U w c~ Z l Z I - - Z C.7 I 0=1 3 ~ o ~ O w ~ o ~ "o 3 Z N I 0 O~ O E N O (/l ~ N ~ ~ ~ I N O I N N I O ~ O \ I / Z N ,00'09 )S,L~.00$ ' ~ w o Z O O C7 Z_ w ~n ,~ Z W M '- Z N Q w Z m ~ W O W I )- d F- N Z ~H Z ~O w w ... O W O o, o ~ ~ Z W J (n N ~ I rn 3f1N3A11 Sa~OJ3a N N ,Lt~'86 L w ~ M„OO,SZ.OOS o~ N ~ N N O) O N _ _ ~ W O N N ~ ~ (n (/7 In ~ ~ cn ~ r~ ;`~ O ~~ I O I _ I Ym I U ~ ~ ~ J m ~ z ~~ Q z ~ ~- W w 0 ~ I ~~ J ~ F-- w ~ W O I ~u W I I Z ~_ ~ ~~ X Z E 0 0 of v 0 i N I rn 3 w a w I Q i 0 E=- O 3 w< ~ ~ ! ~ ~ ~ ~~ ~ o ~ ~~ _ rn~I ~ ~ ~ Z N ~ C o~2~-. ,ZS'8~l M„L~,t~Z.00S ~ ~ ~ ~ ~ 3 °°~ y ~~ 1N3W Sb'3 ` _ _ _ ' _I_ ~~ 3~b' SON00321 3 N 112131 N30 Y U - - O J H m Z W ~ W O N J Q W m ' Z F- O ~ m N ~' _ ~ w F - x m Q w ~ ~ 0 F- W ~ ~ Q O w ~ O N ~ o a 0 U w .~ Meridian City Council Regular Meeting January 22, 2002 Page 3 of 46 G. TFCM Associates Water Main Easement Agreement: H. Aire Manufacturing Water Main Easement Agreement: I. WWTP Generator Installation Project -Change Order No. 1: J. Five Mile Relief Sewer Project -Addendum to Agreement for Professional Services: De Weerd: Okay, No. 3 the consent agenda. Bird: Madam President. De Weerd: Yes, Mr. Bird? Bird: there's one of these and I marked it down. I don't know when the right one. It's got the signature in the wrong place on one of these consent agendas. The contractor signed where the City was suppose to or something. Maybe I was seeing things. (inaudible) the one I marked down. (inaudible discussion amongst Council) Bird: I've got some post it's and I marked it down. I thought I had it. (inaudible discussion amongst Council) Smith: Madam President. Bird: Yes? Smith: Councilman Bird I think it's - De Weerd: You can see there's a struggle with the change. Bird: Yes. Smith: Under the public works department, Brad Watson said it's item No. 2, or -- Bird: Oh, okay. Smith: -- excuse me item No. 1 the professional services with Civil Survey. Bird: That's it, right. De Weerd: Okay, is that under Department reports? Meridian City Council Regular Meeting January 22, 2002 Page 4 of 46 Smith: Yes ma'am. De Weerd: Okay. Bird: Madam President. De Weerd: Yes? Bird: I would move that we approve the consent agenda as noted. McCandless: Second. De Weerd: Okay. Consent agenda, been moved to approve as presented. Is there any discussion? With no further discussion, all those in favor say aye. MOTION CARRIED: ALL AYES Berg: Madam President. De Weerd: Yes, Mr. Berg? Berg: Just out of safeguard, I think we should probably take roll call on the consent agenda because there are some agreements, especially a development agreement that needs to have the roll call vote. De Weerd: Okay, thank you. Berg: Sorry. De Weerd: Thank you. Mr. Berg, would you like to call roll? Berg: Yes, I will thank you. Roll-call: De Weerd, aye; Nary, aye; McCandless, aye; Bird, aye. MOTION CARRIED: ALL AYES Item 9. Meridian School District Presentation -Wendell Bigham: De Weerd: Okay. Item No. 4 has been amended on the agenda. The Meridian School District Presentation, Christine Donnell. You don't look like Wendell. Donnell: I don't do I? De Weerd: That was a compliment.