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Water Main Easement with Franklin Centre, LLC for Parcel 21 Easement No. 1 Franklin Centre, LLCADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06113113 04:38 PM DEPUTY Vicky Bailey RECORDED—REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIII Meridian City 113066034 WATER MAIN EASEMENT PARCEL 21— EASEMENT NO. 1 - FRANKLIN CENTRE LLC THIS INDENTURE, made this ) I day of Jv n _, , 2013 between Franklin Centre, LLC, the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires 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 underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBIT A and 13) The easement hereby granted is for the purpose of construction and operation of water lines and their allied facilities, together with their maintenance, additional connection thereto, 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 after construction, making repairs, performing other maintenance or making subsequent connection to the water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. Water Main Easement Page 1 of 3 Parcel 21 — Easement No. 1 — Franklin Centre, LLC THE GRANTOR hereby covenants and agrees 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 GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted 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 GRANTOR does 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. STATE OF IDAHO ) ss County of Ada ) On this day of� 1; , 2013,before me, the undersigned, a Notary Public in and for said State, personally appeared Larry Van Hees known or identified to me to be a Manager of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above wr' NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires:. Water Main Easement Page 2 of 3 Parcel 21 — Easement No. 1 — Franklin Centre, LLC GRANTEE: CITY OF MERIDIAN Tammy eerd, Mayor Attest b�,4cee L. Holman, City Clerk Approved By City Council On: i STATE OF IDAHO ) ss County of Ada ) O,V,p;TED n UCv\ �s oW City of jlil DAN SEAT,F `" ti yT� �a r*I TAE ON" On this 11 day of �une- , 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. ••••••• •.•�1CA Me 5; 'T. NO ARY PU LIC FOR IDAHO (SEAL) Residing at: � Cul • Commission Expires: of L- '9� OF Ip:•` Water Main Easement Page 3 of 3 Parcel 21 — Easement No. I — Franklin Centre, LLC i-*:4IJJ WA EASEMENTUTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 21 - FRANKLIN CENTRE, LLC O An easement for utility purposes located in the NE 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE 1/4 from which a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 bears N 89°13'22" W a distance of 2657.89 feet; Thence N 89'13'22" W along the northerly boundary of said NE 1/4a. distance of 1177.72 feet to a point; Thence leaving said northerly boundary S 0'46'38" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence continuing S 0146'38" W a distance of 42.50 feet to a point; Thence N 89113'22" W a distance of 20.00 feet to a point; Thence N 0046'38" E a distance of 42.50 feet to a point; Thence N 89'13'22" E a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 850 square feet (0.019 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS ®�`�fRE 0 Civil Survey Consultants, Incorporated June 4, 2013 0 TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician 11 DATE: June 5'2013 Mayor Tammy de Weerd City Council Memberse Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVE EASEMENTS WITH FRANKLIN CENTRE, LLC FOR RECYCLED WATER AND WATER MAINS AS PART OF THE ACHD FRANKLIN — TEN MILE TO LINDER PROJECT (NEXT AVAILABLE CONSENT AGENDA) A. Move to: 1. Approve easements with Franklin Centre, LLC for Recycled Water And Water Mains as part of the ACRD Franklin Road — Ten Mile to Linder Project; and 2. Authorize the Mayor to sign the easements. 11. DEPARTMENT CONTACT PERSONS John Boyd, (Project Manager) ................................................................... 489-0347 Clint Dolsby, Assistant City Engineer ........................................................ 489-0341 Warren Stewart, Engineering Manager .......................................................489 -0350 John McCormick, Deputy Director of Public Works ..................................489-0378 Tom Barry, Director of Public Works ......................................................... 489-0372 Page 1 of 2 A. Background Recycled water and water main stub outs were offered as part of the project to all property owners. These property owners have reimbursed the City for stub outs that will be installed during the project. B. Proposed Easements These easements allow future development of the subject properties to connect to sewer and water service for their developments without having to enter Franklin Road. IV. IMPACT A. Fiscal Impact: There is no fiscal impact to the City as the cost of these stubs has been reimbursed by the property owners. 1 A. The easements need to be acted on and recorded so the City can maintain and service the installations if needed. VI. LIST OF ATTACHMENTS A. Signed and notarized Easement Agreements with Exhibits A and B for the following properties: Parcel No. Property Owner Easement Type 51214110401 - Parcel 21, Easement 1 ................. Franklin Centre, LLC .............. Water Main 51214110401 -Parcel 21, Easement 2 ................. Franklin Centre, LLC .............. Water & Recycled Water Main x u Approved for Council Agenda: Warren Stewart, PE, Engineering Manager Dat Page 2 of 2