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Water Main Easement with TFCM Associates, LLC for Family Center at Meridian. ~ a ~ ~r ~QA ~Ul~i}~n~ 1 I~GYY~Lt~(~ ~• ~^• 1$,l ~AVARRtJ ~~~~ .l~A~o ~~~~~~R 1~I1y EASEMENT 99n8I32S -}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 S f ~' F~£..~~,.IZ~PtITY 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. ~~; r~, x ;a„~`. f 7 .. ~~~ ~~~~~~,~~ ~; ' , • Notary u lic for the State of ~. •+..°ETH O ...~ ` ~~ ~ `~~~`~ :'r ~~~ ~` Residin at: A BERRY L ,~~ :~ a , ` ~ :' g Notary Public State of Ohio Cuva Ctv. '~~ 4a : ~~ 4,''~~`'- , My Commission Expires: My commission Expires Mar. s, zoo3 •ry .~ w+u" ~ ~~ ^^ 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. m^ o i Qo I o: W C7 I Q W 0: Z I ~PO/NT OF PRESIDENTIAL DRIVE .--- ,.~ I POINT OF BECINN/NC (LINE D) rnosseoiws weavroa ~~ r--- o I 2 ~. I (~ N. T. S. I \ EXHIBIT "B" WAT2_EASE.o+y 8-11-99 124620 p- EST