Sanitary Sewer and Water Main Easement with Franklin & Ten Mile, LLC for Parcel 1 Franklin-Ten Mile to Linder ProjectADA COUNTY RECORDER Christopher D. Rich AMOUNT .DO ;
BOISE IDAHO 04/24/13 01:45 PM
DEPUTY Bonnie Oberbillig III I'IIIIIIIIIIIIIIIIIIIIIIIIIIII IIII
RECORDED-REQUEST OF
Merdian City 11:~~~#~c:~7
SANITARY SEWER AND WATER MAIN EASEMENT
PARCEL 1-FRANKLIN & TEN MILE LLC
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THIS INDENTURE, made this ~ day of ~` 7 ; 2013 between
FRANKLIN & TEN MILE, LLC., the parties 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 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 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 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
replacemen± at tl:e c:,nver~er~ce of the GRAN T EIS, 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 after 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 this easement.
Sanitary Sewer and Water Main Easement Page 1 of 3
Parcel 1-Franklin & Ten Mile, LLC
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree 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 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.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
On this ~}~ day of f ~ , 2013, before me, the undersigned, a Notary
Public in and for said State, ersonally appeared Burke P. Jones, identified to me to be a member of
the Limited Liability Compa.~y that executed the within instrument, and acknowledged to me that
such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year fist above written.
e~""~ ER1K KOLLER
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Sanitary Sewer and Water Main Easement
Parcel 1-Franklin & Ten Mile, LLC
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N TARY PUBLIC FOR ARIZONA
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Page 2 of 3
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County of MARICOPA)
GRANTEE: CITY OF MERIDIAN
Tammy de W~r~; Mayor ~.~~~PT~'~-o^~UC~s.a
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Attest Jaycee L. Holman, City Clerk ~ ~~p~o
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SEAL
Approved By City Council
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STATE OF IDAHO )
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County of Ada )
On this ~
0~3 ' day of r `t , 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Sanitary Sewer and Water Main Easement Page 3 of 3
Parcel 1-Franklin & Ten Mile, LLC
EXHIBIT A
UTILITY EASEMENT DESCRIPTION
FOR THE
CITY OF MERIDIAN, IDAHO
PARCEL 1-FRANKLIN & TEN MILE, LLC
An easement for utility purposes located in the SW '/a of Section 11, Township 3 North, Range 1
West, Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a 5/8 inch diameter iron pin marking the southwesterly corner of said SW '/4
from which a 5/8 inch diameter iron pin marking the southeasterly corner of said SW '/4 bears
S 89°09'35" E a distance of 2658.24 feet;
Thence S 89°09'35" E along the southerly boundary of said SW'/4 a distance of 687.92 feet to a
point;
Thence leaving said southerly boundary N 0°50'25" E a distance of 30.00 feet to the POINT OF
BEGINNING;
Thence continuing N 0°50'25" E a distance of 48.00 feet to a point;
Thence S 89°09'35" E a distance of 44.00 feet to a point;
Thence S 0°50'25" W a distance of 48.00 feet to a point;
Thence N 89°09'35" W a distance of 44.00 feet to the POINT OF BEGINNING.
This- parcel contains 2,112 square feet (0.048 acres) and is subject to any other easements
existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
February 25, 2013 ~ ®~~ ~ ~ ~
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EXHIBIT B
SKETCH TO ACCOMPANY EASEMENT DESCRIPTION
LOCATED IN THE SW 1 /4 OF SECTION 1 1,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,
ADA COUNTY, IDAHO.
SCALE: 1 "=20' I
S1211336065 ~
2654 ~
FRANKLIN & TEN MILE, LLC I
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S 89'09'35" E I
44.00' i
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POINT OF ~
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44.00'
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Zi FRANKLIN ROAD
1011 s87.s2'
15 ~ 14 1970.32' 1 /4
S 89'09'35" E 2658.24' •