Franklin Parking Expansion Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0133 (2023-059090) pro @Ct Name{SUbdiYisiOn2; ADA COUNTY RECORDER Trent Tripple 2023-059090
BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/18/2023 08:15 AM
Fr lin Parking Expansion CITY OF MERIDIAN, IDAHO NO FEE
Sanitary Sewe-rBWaterMain Easement Number:
ldentitythis Easementbysequential numberi(Proleetcontaitts
more than one easement of this type.
{See Instructions for additional informations
ESMT-2023-0133
THIS Easement Agreement, made thisl7th day of October 20 23 between
_Falco _Ppt)erties. L C ('Grantor")and the City ofMeridian,anIdahoMunicipal
Corporation("Grantee");
WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described;and
WHEREAS, the sanitary sewer and water is to be provided for through
underground pipelines to be constructed by others;and
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,
and 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 sanitary sewer and water mains over and across the following
described property.
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of
sanitary sewer and water mains and their allied facilities, together with their
maintenance,repair and replacement at the convenienceof 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, its successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between theparties hereto,
thatafter making repairs or performing other maintenance,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 thiseasement.
THE GRANTOR 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,buildings,
trash enclosures, carports,sheds,fences,trees,or deep-rooted shrubs. ,
Sanitary Sewer and WaterMain Page 1 Version 04/17/2023
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 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:
FALCON PROPERTIES, LLC,
an Idaho limited liability company,
By:Cimco Investment Corporation,
a Washington Corporation,
Its Manager,
By_
Thomas H. Dye, President
State of IA.
ss
County of CAE cA )
On the 2eday of _s�f�.J�gy2023 before me, a Notary Public in and for said State,
personally apppeared Thomas H. Dye known or identified to me to be the President of
Cimco Investment Corporation., a Washington Corporation, the Manager of Falcon
Properties, LLC, an Idaho limited liability company, and acknowledged to me that he
executed said instrumenton behalf of said limited liability company ancT acknowledged to
me that such limited liability company executed the same.
IN WITNESS WHEREOF,I have hereunto setmyhand and affixed myofficial seal the
day and year in this certificate first abovewritten.
(stamp)
•' •.. Notary Signature -�0�7
N°NARY f My Commission Expires:
j°UBLIC
Sanitary Sewer and Water Maiiz Page 2 Version 04/17/2023
GRANTEE: CITY OF MERIDIAN
Robert E. Simison, Mayor 10-17-2023
Attest by Chris Johnson,City Clerk 10-17-2023
STATE OF IDAHO, )
. ss.
County of Ada )
This record was acknowledged before me on 10-17-2023 (date) by
Rob er t E . S i m i s on and Chris Johnson on behalf of the City of Meridian, in
their capacities as Mayor and City Clerk, respectively.
(stamp)
Notary Signature
My Commission Expires: 3-28-2023
Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023
LEGAL DESCRIPTION
T H E
il i Page 1 OF 1
� LAND
GROUP
August 24, 2023
Project No.: 121152 EXHIBIT"A"
2975 E. FRANKLIN ROAD PARKING LOT PROJECT
CITY OF MERIDIAN UTILITY EASEMENT DESCRIPTION
An easement located in the Northeast Quarter of Section 17,Township 3 North, Range 1 East, Boise
Meridian,City of Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at the Northeast Corner of Section 17 of said Township 3 North, Range 1 East, (from which
point the North Quarter Corner of said Section 17 bears North 89°54'33"West, 2570.99 feet distant);
Thence from said Northeast Corner, North 89°54'33" West, a distance of 870.46 feet on the north line of
said Section 17;
Thence South 00°02'02" West, a distance of 40.00 feet to a point on the southerly right of way line of
East Franklin Road;
Thence South 89° 54' 33" East a distance of 23.49 feet on said southerly right of way line to the POINT
OF BEGINNING;
Thence South 89° 54' 33" East, a distance of 39.51 feet on said southerly right of way line;
Thence South 00°03'31"West, a distance of 15.57 feet;
Thence South 45° 27' 21"West, a distance of 31.58 feet;
Thence South 00°03' 31"West, a distance of 68.35 feet;
Thence South 11° 37' 34" East, a distance of 12.03 feet;
Thence North 78° 22' 26" East, a distance of 13.00 feet;
Thence South 11* 37' 34" East, a distance of 20.00 feet;
Thence South 78° 22' 26"West, a distance of 13.00 feet;
Thence South 11° 37' 34" East, a distance of 24.05 feet;
Thence South 79°07' 34" East, a distance of 2.44 feet;
Thence North 10° 52' 26" East, a distance of 9.80 feet;
Thence South 79°07' 34" East, a distance of 20.00 feet;
Thence South 10°52' 26"West,a distance of 29.80 feet;
Thence North 79°07' 34"West, a distance of 6.05 feet;
Thence South 10° 52' 26"West, a distance of 41.25 feet;
Thence North 79°07' 34"West, a distance of 20.00 feet;
Thence North 10°52' 26" East, a distance of 41.25 feet;
Thence North 79°07' 34"West, a distance of 9.75 feet;
Thence North 11° 37' 34" West, a distance of 61.17 feet;
Thence North 89° 56' 53" West, a distance of 13.09 feet;
Thence North 00° 03' 06" East, a distance of 100.44 feet;
Thence North 38° 10' 56" East, a distance of 22.66 feet to a point on the southerly right of way
line of East Franklin Road, being the POINT OF BEGINNING.
PREPARED BY:
The Land Group, Inc.
I
/ ww
` 7$ 0
James R. Washburn 0
P. 8
8-24-2023
sT ��
462 East Shore Drive. Suite 100, Eagle, Idaho 83616 208.939.4041 �;V TE OF
R.WA�
- N1/4 COR SEC 17 E FRANKLIN ROAD NE COR SEC 17
(BASIS OF BEARING)
S. 8 ,( _ N89°54'33"W 2570.99' S-8— S.9
1/4 S. 17 }/� 1700.53' 870.46'
� S. 17 S. 16
Flo q
g POB W
N! L20 .r L1 129.90'
R/W
Ct
UTILITY EASEMENT I /�
0.16± ACRES (7,035 SO. FT.)
I Line Table
g I M LINE BEARING LENGTH
_I C6
u.i I I`D L1 S89°54'33•E 39.51'
to
O I I 2975 E.FRANKLIN ROAD L2 S00°03'31'W i
15.57'
c ROS#13222 °27'21'W 31.58'0 L3 S45
0
z I W L4 S11°37'34•E 12.03'
I
L5 N78°22'26E 13.00'
�L5 L6 S11°37'34•E 20.00'
L7 S78°22'26W 13.00'
L18 tr
L8 S11°37134'E 24.05'
�+
LAN ; 1 co j
���`►" 5 RF.s�� I w; ��� L9 S79°07'34•E 2.44'
zo I Q� �� L11 L10 N10°5226E 9.80-
a. 7880 0 o �1 1 L11 S79°07'34•E 20.00'
Cn
B-24-2023 Cn N L12 S10°52'26W 29.80'
"g e OF L13 N79°07'34"W 6.05'
j?.WA L1 7/ L14 S10°52'261W 41.25'
I L15 9'07'34V 20.00-
�Ll 3 N7
L16 N10°5226'E 41.25,
L17 N79°07'34 W 9.75,
' L18 N89°56'53W 13.09'
L 15 L19 N38°10'56•E 22.66'
L20 S89°54'33•E 23.49'
Exhibit "B" 0 40
p Horizontal Scale:l° = 40' Project No.:121152
Date ol Issuance:8-23.2023
ti
=� '%-THE Utility Easement r
ri r �
LAND City of Meridian v
- '�A� � GROUP Falcon Properties, LLC r