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 )
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County of Ada )
O,V,p;TED n UCv\
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City of
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DAN
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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
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