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Domestic Water Line Easement with TFCM Associates, LLC for Eagle Road Pine Avenue -.• DOMESTIC WATER LINE EASEMENT THIS INDENTURE, made this ~g ~ day of ,.~w~ y , 19 q q between TFCM ASSOCIATES, LLC, the parties of the first part, and hereinafter 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 domestic water line right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the domestic water line is to be provided for through an underground pipeline to be constructed for the grantee; 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 construction, operation and maintenance of the domestic water line over and across the following described property: See attached Exhibit A and Exhibit B ~A COUNTY R~CQR13£F ,!. OAYl~I NA A~RQ' BOISE. IDAHO t~qg a~ ~ 2 ~~ ~ : ~ +~ i. R G 0 T f fEEOE 99012888 The easement hereby granted is for the purpose of construction and operation of a domestic water line and 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, its successors and assigns forever. r . IT IS EXPRESSLY UNDERSTOOD AND AGREID, by and between the parties hereto, that the Grantee will timely complete the work of laying the domestic water line and restoring the premises used therefore to a condition comparable with that existing prior to exercising this easement; that, in making future repairs, the Grantee will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures or trees on the area described for this easement which would interfere with the use of said described easement for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantors do hereby give and grant to the Grantee the right of use during initial construction a temporary construction easement over a strip of land described as follows. (not applicable) IT IS UNDERSTOOD that the strip of land described in the previous paragraph is for the purpose of constructing said domestic water line herein described, the same to expire when the initial construction is completed. TT IS UNDERSTOOD AND AGREED that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such domestic water line. IT IS UNDERSTOOD AND AGREED that the Grantee will, as a benefit to be received by the Grantor, provide, at no cos# to the Grantor, three (3) ten (10) inch diameter tees, with valves, for future connection of water line construction by Grantor from the Family Shopping Center development. 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. ' ti IN WITNESS WHEREOF, the said parties of the first and second part have hereunto subscribed their signatures the day and year first hereinabove written. TFCM ASSOCIATES, LLC a Utah limited liability company By DDR Family Centers, LP Its Member Manager By: Developers Diversified Realty Corporation, Its General Partner By: ~ STATE OF DH/0 ) ss County of L~GrYA~fo~A ) On this ~~ day of fG! L y in the year 9 Q ,before me, the undersigned, a Notary Public in and for said State, personally appeared ~A ~l .~ ALL ~BD~ _ ,known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that ~e/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .:~.. -. ~~~`.~` ; 4~~r` ~J~.~ 'o ~ ~-o '~ _;~„z ~: ~ ~' ~:, ~~ F O~Yj s , y:~ . ARY PUB FOR Sr~TE of D <D siding at N/ ~' 0 Commission Expires: Jane . Notary Public - StetO OI QhlB My GOmmission E,cpire~ Dom, ~~~ 2AA i CITY OF MERIDIAN i ` `^~~t111{1 t - obert D. Corrie, M or ~~ ti~ ~Jliam STATE OF IDAHO ) ) SS County of Ada ) G. Berg, Jr., r~ ~ ~ ``o•. a /s any © .~ TT~~ X S~~~Y _ r ~G~ ~~~ ti '~.,, ~'G1dIPi`~'`f ~ ~~~.. ~~~~~~gi.ti tt~e~~µ~ on this ~ day of , in the year 1 ~~ ,before me, the undersigned, a Notary Public for said State, personally appeared Robert D. Corrie, Mayor and William G. Berg, Jr., City Clerk, known to me to be the persons whose names are subscribed to the within and foregoing instrument, and acknowledged that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~`~~~ L L. s'I~~4~i ~.• ~••.~~t~, •y~ NOT PUBLIC FOR IDAHO t , ' Residing at 1 i ZiOT~2 ~- ~; • _ Commission Expires: *. ~.. t*: G ~; pUBLZ ~1 r ~~'•~T~' OF 1~Ao,. Roy,lance & Associates P.A. Engineers • Surveyors • Landplanners 391 W. State Street, Suite E, Eagle, Idaho 83616 Telephone (208) 939-2824 Fax (208) 939-2855 April 1, 1999 Project No. 1940 Legal Description Hermes Associates LTD. 13,513 Square Feet EXHIBIT A A waterline easement situated in the Southwest'/< of the Northwest'/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest Corner of said Section 9, thence northerly along the westerly line of said Section 9, said line also being the centerline of Eagle Road North O1°-27'-OS" East a distance of 2650.19 feet to a found brass cap monumenting the Southwest Corner of said Northwest'/< of Section 9, thence leaving said section line and centerline and along the southerly line of said Southwest '/4 of the Northwest'/< South 89°-20'-26" East a distance of 70.00 feet to a point on the easterly right-of--way of said Eagle Road, said point being the Southwest Corner of that certain deed recorded as Instrument Number 98048195, Records of Ada County, Idaho and the POINT OF BEGINNING. Thence northerly along said easterly right-of--way North O1°-27'-OS" East a distance of 45.19 feet to a point; Thence leaving said right-of--way South 44°-22'-44" East a distance of 35.63 feet to a point; Thence South 89°-20'-26" East a distance of 633.97 feet to a point on the easterly line of said deed; Thence southerly along said easterly line South O1°-09'-10" West a distance of 20.00 feet to a point on said southerly line of the Southwest'/< of the Northwest'/4; Thence westerly along said southerly line North 89°-20'-26" West a distance of 659.64 feet to the POINT OF BEGINNING. The above described tract of land contains 13,513 squaze feet, more or less, subject to all existing easements and rights-of--way. `4 GNAL ~~~ Prepared By: ±~ ~y,5h SG9, ~- ROYLANCE AND ASSOCIATES P.A. a ~7~~, ~ ~ ~, o4-O~-99a = ~ygFl rF of \vP¢~'o R. ENGE~' 391 W. 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