TFCM Water Main Easement1
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YROER
WATER MAIN EASEMENT
RECORDED -RE ;r OF
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102012557
THIS INDENTURE, made this /6'A 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:
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_iii,(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 malting subsequent connection to
the water line, Grantee shall restore the area of the easement and adjacent property to that
e.istent 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
Nater blain Easement Page I EASMT-WTR
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 NN'ITNESS 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:
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Date Date
SEE PAGE 3
Signature 90bZ. Come, Mayor>
Attest by William G. B
Approved By City Council On:
STATE OF IDAHO )
ss
County of Ada }
SEES
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On this day of ' , 2002-, before me, the undersigned, a Notary
Public in and for said State, personally appeared V4zlQ - Lrr e--, and
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.
1
NOTARY PUBLIC FOR IDAHO
Residing at A ci co,
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Commission Expires- D412 91
Water Main Easement Page 2 EASMT.w112
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: QM-44-�4�
Joag U. Allgood, Senior Vice President
Date: (� 9ftp-�6,r2 /61av4
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. in(-,
Member of DDR DownREIT LLC, General Partner o1' DDR Family Centers LP, IVlana�lin,-,
Member of TFCM ASSOCIATES LLC, the limited liability company which executed the
foregoing instrument, who acknowledged that she did execute the loregoin�( instrument ori hdWil'
of said limited liability company and that the same is her Gee and voluntary art and decd .111(1 is
the free act and deed of said limited liability company for the uses and purposes III
IN WITNESS WHEREOF, 1 have hereunto set my hand and official seal at Hcach,,v,wk1.
Ohio, this /f'!K day of _ eemn u Q . ?OU 1.
No
Water Main Easement Page 3
blit
ELIZABETH,I%- , S ix
Notary Public, State ei4�vmy Commission ��itcp334
September 25, 2001
Pagel of 3
EXHIBIT A
WATER MAIN EASEMENT
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■■ 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
E0
■ ■ 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 89022'10" 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.
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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
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