Sanitary Sewer Easement with TFCM Associates, LLC for Family Center at Meridian. ,:
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BOA CfiEINTY R~CQRO~R
,s. ~~ SE,~IDAHQRO ~P~FEEt~ .r~"UTY
S~~I~r~~d' ~Vf{'E~ASEM~E/ NT ~~ Q 8~ 3 2 4
~y~' -6R /C u- ~ ~ m ~ • "[g TFCM Associates, L.L.C. ~'
THIS INDENTURE, made this ?S' " day of - ~' .-~ 19~between ~evelepers-Dtaersi€red~e-~~ c
E-ottt~ai°r, the parties of the first part, and `~iereinafter 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 sanitary sewerright-of--way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service 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 and maintenance of a sewer
line over and across the following described property:
(SEE ATTACHED "EXHIBIT A")
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line 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 any and
all times.
TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, large trees or brush within the area described for this easement,
which would interfere with the use of said easement, for the 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.
SANITARY SEWER EASEMENT, Page 1
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTORS: TFCM ASSOCIATES L.L.C.
A Utah Limited Liability Company
By DDR Family Centers LP. (Member Manager)
By Developers Diversified Realty Corporation, (GeneralPartner)
By:
Joan good, ice resident
STATE OF Oho ,COUNTY OF Cliy ~~a~A )SS:
On this ,~2~ day of ~iclST , 1999, before me, the undersigned, a notary public in and for
said State, personally appeared Joan Allgood, known or identified to me to be the Vice President of
the company that executed this instrument of the person who executed the instrument on behalf of
Developers Diversified Realty Corporation, General Partner of DDR Family Centers LP. member
Manager of TFCM Associates L.L.C., and acknowledged to me that such companies executed the
same.
I~' WETNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
'~-arid year in thi5certificate first above written.
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August 10, 1999
Page 1 of 2
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^^ Quadrant
Consulting, Inc.
EXHIBIT "A"
20 FOOT WIDE PUBLIC SANITARY SEWER MAIN EASEMENTS
(Line A as Shown on Exhibit B)
A 20 foot wide easement for maintenance of a sanitary sewer main, situated in the NW
'/a of Section 9, Township 3 North, Range 1 East, B.M., Ada County, Idaho, being 10
feet each side of the following described centerline:
Commencing at the Northwest corner of said Section 9; thence, along the westerly line
of said Section 9 also being the centerline of North Eagle Road, South O1°08'42" West
336.07 feet; thence, leaving said westerly line, South 88°51'18" East, 70.00 feet to the
east right-of--way line of said North Eagle Road, being the POINT OF BEGINNING;
thence, along the centerline of said 20-foot wide easement through the following
courses:
South 81°24'32" East, 192.42 feet; thence,
South 84°41'41" East, 297.00 feet; thence,
South 89°35'36" East, 1430.88 feet to the POINT OF TERMINUS.
(Line B as Shown on Exhibit B)
TOGETHER WITH: A 20 foot wide easement for maintenance of a sanitary sewer
main, being 10 feet each side of the following described centerline:
Commencing at the Northwest corner of said Section 9; thence, along the westerly line
of said Section 9, being the centerline of North Eagle Road South O1°08'42" West,
1019.51 feet; thence, leaving said westerly line South 88 °51' 18" East 70.00 feet to the
east right-of--way line of North Eagle Road; thence, continuing South 88°51'18" East,
260.43 feet to the POINT OF BEGINNING; thence, along the centerline of said 20-
foot wide easement through the following course:
South 00°41'35" West 755.68 feet to the northerly right-of--way line of Presidential
Drive, being the POINT OF TERMINUS.
(Line C as Shown on Exhibit B)
TOGETHER WITH: A 20 foot wide easement for maintenance of a sanitary sewer
main, being 10 feet each side of the following described centerline:
Commencing at the Northwest corner of said Section 9; thence, along the westerly line
of said Section 9, being-the centerline of North Eagle Road South O1°08'42" West,
1019.51 feet; thence, leaving said westerly line South 88 °51' 18" East 70.00 feet to the
east right-of--way line of North Eagle Road; thence, continuing South 88°51'18" East,
340.3$ feet to the POINT OF BEGINNING; thence, along the centerline of said 20-
foot wide easement through the following course:
n
North 00°00'00" West 180.00 feet to the POINT OF TERMINUS. /.~~s
405 S. 8th Street, Ste. 295 • Boise, ID 83702 • Phone (208) 342-0091 • Fax (208) 342-0092 • Ir. ~rt
Civil Engineer!ng • Surveying • Construction Management ~• ` a_ ~J:
net
AUGUST i i, 1999
PACE 2 OF 2
^ ^
^^ Quadrant
Consulting, Inc.
EXHIBIT B
FAMILY CENTER AT MERIDIAN
PROPOSED SANITARY SEWER LINE EASEMENTS
5.4
OF BEGNNINC
Vf A)
CENTERLINE 20'
(LINE A)
Parer of rER~
(LINE A)
O
N
O
U
W
Ni OF TERMINUS
(LINE C)
v - - _
3
FLORENCE ST.
0 1 ~ POINTS Of BEGINNING ~yp~~ps yl~yo,~ ~ ~-
Q I0, (LINES B k C)
O
d:
C7 I ~ u `~
W m ~ ~
~ ~ R
° -~ W I
Z ~
NT OF TER4INU
~'1 (LINE B)
PRESIDENTIAL DRIVE
N. T.S.
I'
(' EXHIBIT "B"
SvR_EASE.dwg 8-I1-99 12~21~53 pn EST