C-Shell 2022-0040 RETAIL Water Main Easement ESMT-2023-0134 (2023-056720) rt ttiii �i
C-SHELL 2022-0040 RETAIL ADA COUNTY RECORDER Trent Tripple 2023-056720
BOISE IDAHO Pgs=7 ANGIE STEELE 10/04/2023 09:13 AM
Water Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential numbqr if Project contains
more than one Water Mam easenteAt.
(See Instructions ctions for aMtional infa ation).
ESMT-2023-0134
WATER MAIN EASEMENT
THIS Easement Agreement, made this 3rd ; day of October ' 20 23 between 10 MileFranklin, LLC
("Grantor"), and the City of Meridian, an Idaho MunicipalCorporation("Grantee");
WHEREAS,the Ghuddfdesires to provide a water main right-of-way across the premises and
property hereinafter particularly bounded,and described d
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed y others; and E
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the tee,
NOW,THEREFORE,in consideration of the benefits to beyeceived by the Grantctrj arld='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 water
mains over and across the following described property,
(SEE ATTACHED TIIIITS A and )
The easement hereby granted is for the
purpose of construction and operation of water mains
d 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 tunes.
TO HAVEAND TO HOLD, the said easement and right-of-way unto the;said Grantee, its
successors'96d assigris forever.
IT IS EXPRESSLY RST AND AGREED,by and between the parties hereto, that
after making r6pairs or performing other maintenance,-Grantee shall restore the area of the
easement and adjacent property to that existent prior to undertaking suchrepairs 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 GRANTORcovenants and agrees that Grantor shalt 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
Water Main Easement Page 1 Version 04/17/20 3
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:
10 Mile Franklin LLC
By: Franklin Mile Managers,LLC
its Manager
By: Sunny Cove, LLC its Manager
Mark Engstrom, Manager
OF IDAHO )
) ss
County of Ada
This record was ac :36wkdged before me on (date) by
(name of individual), [comp he following if signing in a representative capacity, or strike
the following if signing in an in ' ' ual capacity] on behalf of
(name of entity on behalf of whom re d was executed), in the following representative
capacity: (typ authority such as officer or trustee)
(stamp)
Notary Signature
My Commission Expires:
Water Main Easement Page 2 Version 04/17/2023
A notary public or other officer completing this certificate verifies only the
identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
County of (7 ) ss.
On S Pp-I' b Pry I Z�
before me,
("_(2 ►y N1 She rto w
Notary Public personally appeared M 'fl"' k �N�SfirO�1/j
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. WITNESS my hand and official seal.
U "
SIGNATURE �U
HE
Comm A98L7NOTARYPUkl -CALIF n
CO4lXR2A
fl PIjREBAP3
2026 L
CA-Notary Acknowledgment—One Page
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-3-2023
Attest by Chris Johnson, City Clerk 10-3-2023
STATE OF IDAHO, )
: ss.
County of Ada )
This record was acknowledged before me on 10-3-2023 (date) by Robert E. Simison
and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City
Clerk, respectively.
Notary Signature
My Commission Expires: 3-28-2028
Water Main Easement Page 3 Version 04/17/2023
C.!U•B l ® THE V
f LANOGON MAPPING
GROUP 1
INC.INC.
J•U•0 ENOINEERS,INC. J U S FAMILY OF COMPANIES
EXHIBIT"A"
10 MILE FRANKLIN, LLC
CITY OF MERIDIAN
4-FOOT-WIDE WATER MAIN EASEMENT
LEGAL DESCRIPTION
A water main easement over a portion of Lot 9, Block 1, Outer Banks Subdivision according to the Plat
thereof, recorded in Book 126 of Plats, pages 20200—20205 and recorded under Instrument No. 2023-
026654, Records of Ada County, Idaho located in a portion of the Northeast Quarter of the Northeast
Quarter of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County,
Idaho, more particularly described as follows:
COMMENCING at a Brass cap marking the northeast corner of said Section 15,from which an Aluminum
cap marking the southeast corner of the northeast quarter of the northeast quarter of said Section 15
bears South 00°33'16" West, 1329.09 feet; Thence along the east line of said Section 15, South
00°33'16" West, 775.74 feet;Thence leaving the east line of said Section 15, North 89°24'36" West,
65.85 feet on a random line to the southeast corner of said Lot 9, said point also being the northeast
corner of Lot 10 and being on the west right-of-way line of South Ten Mile Road;Thence leaving the
west right-of-way line of said South Ten Mile Road along the common boundary line of said Lot 9 and
said Lot 10, North 89°24'36" West, 171.93 feet;Thence leaving said common boundary line, North
00°35'24" East, 22.00 feet to an angle point in an existing City of Meridian utility easement as shown on
page 20201 of said Plat of Outer Banks Subdivision, said point is also the POINT OF BEGINNING of the
easement to be described;
Thence continuing along said existing City of Meridian utility easement, North 00°35'24" East, 27.00 feet
to an angle point in said existing City of Meridian utility easement;
Thence leaving said existing City of Meridian utility easement, South 89°24'36" East, 4.00 feet;
Thence South 00'35'24" West, 27.00 feet to said existing City of Meridian utility easement;
Thence along said existing City of Meridian utility easement, North 89*24'36" West,4.00 feet to the
POINT OF BEGINNING and the end of this easement description.
Containing 108.0 square feet, more or less.
This description was prepared by me or under my supervision. If any portion of this description is modified
or removed without the written consent of John J. Shea, PLS, all professional liability associated with this
document is hereby declared null and void.
Page 1 of 2
2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5313 IT www.jub.com /' 208.376.7330
® THE GATEWAY
LANODON GATEWAY
GROUP INC.
J•U-B ENGINEERS,INC. J-U-B FAMILY OF COMPANIES
O�P� LAND
Joh J. Sh a PLS 15528 lc:,)`'���,��s trRFosG��
�q•�8�Zaz�
Date 9rf OF
9` 10-2®Z
Page 2 of 2
EXHIBIT "B"
LOT 9 W. Franklin Rd.
BLOCK 1
OUTER BANKS SUBDIVISON S.10 S.11
(BK.126, POS 20200-20205) S.15 S.14
POSITION OF
BRASS CAP
S89°24'36"E
4.00'
0
0 �
o o
� N •
Li d Ln
o 10 � N � CD
N ,0 I z
SCALE IN FEET U-)
O Q
CD � W
CD
Z �
LL-
- — o O
z O
POINT OF Q o �BEGINNING z <
N89°24'36"W w
!LLJ 4.00' n
w
O N O
O Ln
N IO U J
10 I-
z 171_93 _ N 65.85
LAND N89°24'36"W N89°24'36"W
SrFR SG�
C) POSITION OF
z ALUMINUM CAP
9�F O
ay/V J S��P
R-t�-tot3
CITY OF MERIDIAN
�— WATER MAIN EASEMENT LEGAL DESCRIPTION SHEET
1
Z __J SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1
d J-U-B ENGINEERS,INC. BOISE MERIDIAN, CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO