Water Main Easement with TFCM Associates, LLC for Family Center at Meridian. ~ a
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-}h TFCM ASSOCIATES, L.L.C.
THIS INDENTURE, made this ~ day of a , 19~between Bey+eloper4g3r~ersi~'re~R~ea}t~+
C-erpor~i~r, the parties of the first part, and ereinafter called the Grantors, and ,he 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 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 water
main 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 water 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.
RZrCaRDEl3 - REQt1F5T QF
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WATER LINE 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:
Jo llgood, Vic President
STATE OF O~/d ,COUNTY OF Ca~jA/~oGA )SS:
On this ~ day of plc, u Sf , 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
Ya~i~t y,;e~r in this certificate first above written.
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^^ Quadrant
Consulting, Inc.
August 11, 1999
Page 1 of 3
EXHIBIT "A"
20 FOOT WIDE PUBLIC WATER MAIN EASEMENTS
(Line A as shown on Exhibit B)
A 20 foot wide easement for maintenance of a water 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 South O1°08'42" West 155.48 feet; thence leaving said westerly line South 88°51' 18"
East 70.00 feet to the easterly right-of--way of North Eagle Road being the POINT OF
BEGINNING; thence along the centerline of said 20-foot wide easement:
North 75°43'47" East 48.99 feet; thence
South 89°22'10" East 251.47 feet; thence
South 44°45'27" East 11.39 feet; thence
South 00°08'44" East 258.74 feet to "POINT A"; thence
South 89°35'36" East 1605.49 feet to a point on the westerly right-of--way of Records Drive, said
point being the POINT OF TERMINUS
Said POINT OF TERMINUS is South 77°51'51" East 2025.20 feet from said Northwest corner
of Section 9.
(Line B as shown on Exhibit B)
TOGETHER WITH: A 20 foot wide easement for maintenance of a water main being 10 feet
each side of the following described centerline:
BEGINNING at said "POINT A"; thence along the centerline of said 20-foot wide easement,
North 89°35'36" West 15.00 feet; thence
South 45°32'59" West 14.25 feet; thence
South 00°41'35" West 154.54 feet to "POINT B"; thence continuing
South 00°41'35" West 438.99 feet; thence
South 90°00'00" East 12.00 feet; thence
South 00°41'35" West 199.25 feet; thence
South 45°41'35" West 45.25 feet; thence
South 00°41'35" West 519.64 feet; thence
North 88°51'47" West 126.15 feet; thence
South O1 °U8'37" West 13.59 feet to a point on the northerly right-of-way of Presidential Drive,
said point being the POINT OF TERMINUS
Said POINT OF TERMINUS is South 5°59' 21" East, 1789.03 feet from said Northwest corner
of Section 9.
40.5 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
August 11, 1999
Page 2 of 3
^^
^^ Quadrant
Consulting, Inc.
(Line C as shown on Exhibit B)
TOGETHER WITH: A 20 foot wide easement for maintenance of a water main, being 10 feet
each side of the following described centerline:
BEGINNING at said "POINT B"; thence along the centerline of said 20-foot wide easement,
North 89°18'25" West 189.69 feet; thence
North 44°18'25" West 91.33 feet; thence
North 89°18'25" West 32.57 feet to a point on the easterly right-of--way of North Eagle .Road,
said point being the POINT OF TERMINUS
Said POINT OF TERMINUS is South 6°51' 25" East, 514.40 feet from said Northwest corner
of Section 9.
(Line D as shown on Exhibit B)
TOGETHER WITH: A 20 foot wide easement for maintenance of a water 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 South O1°08'42" West 1776.02 feet; thence leaving said westerly line South 88°51'18"
East 567.40 feet to a point on the northerly right-of--way of Presidential Drive being the POINT
OF BEGINNING; thence along the centerline of said 20-foot wide easement
North 00°00'00" East 9.99 feet; thence
South 88°51'47" East 86.55 feet; thence
North 46°08'13" East 58.03 feet; thence
North O1 °08' 13" East 287.41 feet; thence
North 23 °38' 13" East 15.68 feet; thence
North O1 °08' 13" East 188.68 feet; thence
North 21°21'47" West 78.39 feet; thence
North O1°33'49" East 127.34 feet; thence
South 90°00'00" East 13.04 feet; thence
North O1 °08' 13" East 104.74 feet; thence
North 46°08'13" East 71.30 feet; thence
South 88°51'47" East 145.51 feet; thence
North 45°24'28" East 72.55 feet; thence
South 89°35'32" East 1095.29 feet to a point on the westerly right-of--way of Records Drive, said
point being the POINT OF TERMINUS
Said POINT OF TERMINUS is South 66°59' 25" East, 2183.47 feet from
corner of Section 9.
..
AUGUST f 0, 1999
PAGE 3 OF 3
^^
^^ Quadrant
Consulting, Inc.
EXHIBIT B
FAMILY CENTER AT MERIDIAN
PROPOSED WATER MAIN LINE EASEMENTS
5 4 T
8 9
POINT OF BEGINNING (LINE A)
(LINE A) ~
POINT OF
TERMINUS
(LINE C)
C)
FAIRVIEW AVENU
~
_
0
20.00' WIDE EASEMENT
' N
- POINT a' 10.00
EACH SIDE OF
DESCR18E0 CENTERLINE 0
~
POINT OF BEGINNING (LINE B) ~
U
(LINE A) ~
POINT B~
POINT OF BEGINNING (LINE C)
PDINT OF TERMINUS
(LINE A)
POINT OF TERMINUS
(LINE O)
- (LINE O)
~
FLORENCE ST.
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W
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W
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I ~PO/NT OF
PRESIDENTIAL DRIVE
.---
,.~
I POINT OF BECINN/NC
(LINE D)
rnosseoiws weavroa ~~ r---
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(~ N. T. S.
I \ EXHIBIT "B"
WAT2_EASE.o+y 8-11-99 124620 p- EST