C-Shell 2022-0040 Retail Water Main Easement ESMT-2023-0135 (2023-056721) C-SHELL 2022-0040 RETAIL ADA COUNTY RECORDER Trent Tripple 2023-056721
ain BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/04/2023 09:13 AM
Water � � Number: CITY OF MERIDIAN, IDAHO NO FEE
Identify this Easement by sequential number if Project contains
more than one Water Main casement.
(See Instructions foraddition'al Info ation),
ESMT-2023-0135
WATER MAIN EASEMENT
THIS Easement Agreement, made ,this 3rd. day of October 23 b
etwee'n 10 Mile Franklin,rt, LTa
("Grantor'), and the City of Meridian, an Idaho Municipal Corporation("Grantee");
WHEREAS,the Grantor,desires to provide a,water amain right-o way across the premises and
property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through underground pipelines to be
constructed,by others; arld
� i
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, arlii either
good and valuable consideration, the Grantor does hereby give, grant and convey unto the
Grantee the right-o way for an easement for the operation and maintenance of water
mains over and across the following described property:
,(SEE ATTACHED EXHIBITS A and )
The easement hereby granted is for thc-purpose of construction and operation of 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 ahy and 141 titres:
TO HAVE AND TO HOLD, the said easement dright-of-way unto the said grantee, its
successors and assigns f6r vet.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,b 'and' between the parties hereto, that
after making repairs or performing other in in e nc , Grantee shall restore the area of the
easement
ceo l-Iow and jer�Grantee shall not�lae property to' tha istent ch' to urlert i�i such repairs arid
'
lari
responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was(placed there in,violation
of this easement.
THEGRANTOR 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, buildin s, trash enclosures,
carports, sheds, fences, trees, car deep-rooted shrubs.
I
THE GRANTOR covenants and agrees with the Grantee that should any past of the right-of-
way and easement hereby granted shall become part of, or lie within the boundaries of any
ater Page t Version 04/17/2023
W Maim Easement
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
STATE OF IDAHO )
) ss
Coun f Ada )
This rec was acknowledged before me on (date) by
(name of indi ' ual), [complete the following if signing in a representative capacity, or strike
the following if st 'ng in an individual capacity] on behalf of
(name of entity on be of whom record was executed), in the following representative
capacity: (type of 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 )
ss.
County of YQ 1.0 )
On S&Otew b'eV' 19, 2023 before me,
C(At! � M - "C h e mom
Notary Public personally appeared MGtr'V F_VIGq��06g
who proved to me on the basis of satisfactory evidence to be the person(s)whose names) 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.
SIGNATURE
e HY M.
U SHELTOIV
#2 $
E15
EC•CAUFORN A +�
O=v COUNTY 0
: . CATH APR
Y M.SHELTON "" O v6
8 COMM.#2398715
NOTARyPUauC•CALIFIAoXRSOORCOMMPIEqR �
23,2026j
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
�f THE GATEWAY
(J.V.g " ® LANOGON ® MAPPING
GROUP INC.
J•U•B ENGINEERS,INC. J-V-8 FAMILY OF COMPANIES
EXHIBIT"A"
10 MILE FRANKLIN, LLC
CITY OF MERIDIAN
15-FOOT-WIDE WATER MAIN EASEMENT
LEGAL DESCRIPTION
A water main easement over a portion of Lot 12, 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,
258.78 feet on a random line to the southeast corner of said Lot 12, said point also being the southwest
corner of Lot 9;Thence along the common boundary line of said Lot 9 and said Lot 12, North 00°35'24"
East, 27.00 feet to an existing City of Meridian utility easement as shown on page 20201 of said Plat of
Outer Banks Subdivision; Thence leaving said common boundary line along said existing City of Meridian
utility easement, North 89'24'36" West, 10.00 feet to the POINT OF BEGINNING of the easement to be
described;
Thence continuing along said existing City of Meridian utility easement, North 89°24'36" West, 15.00
feet;
Thence leaving said existing City of Meridian utility easement, North 00°35'24" East, 22.00 feet;
Thence South 89°24'36" East, 15.00 feet;
Thence South 00°35'24" West, 22.00 feet to said existing City of Meridian utility easement and the
POINT OF BEGINNING and the end of this easement description.
Containing 330.0 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.
LAND
oh J. She PLS 15528 CO Q���S T F140
09-I a-t&13 s �o
Date �� OF
og_ if,7-
Page 1 of I
2760 West Excursion Lane,Suite 400,Meridian,ID 83642-5313 11' www.iub.com /' 208.376.7330
EXHIBIT "B"
W. Franklin Rd.
S.10 S.11
S.1 S.14
POSITION OF
BRASS CAP
S89°24'36"E o 10
15.00' SCALE IN FEET
w
N O 0
N LOT 12
Ln o o o,
r� c� o BLOCK 1
o N N ;� OUTER BANKS SUBDIVISON Ln
z o (BK.126, PGS 20200-20205)
CD
N89°24'36"W _ - Q
L�l
Q 15.00' , m
o
z POINT OF I o
BEGINNING I'L' m
cn
o Q N89°24'36"W o I - m
�, 10,00' 1 j
v 10
J
O ~
O I
� I
N N89°24'36"W
258.78'
L AND
co������sreRFosG�,� POSITION OF
CDALUMINUM CAP
0 9T F 0 F
N � S
�g-t _zoL3
CITY OF MERIDIAN
WATER MAIN EASEMENT LEGAL DESCRIPTION SHEET
z SITUATE IN THE NE 1/4 OF THE NE 1/4 OF SECTION 15, T3N, R1 W, 1 OF 1
a l-U-B ENGINEERS,INC. BOISE MERIDIAN, CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO