Water and Sewer Main Easement with Franklin Investment Company, LLC for Harks CornerADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5
BOISE IDAHO 05114114 10:36 AM
DEPUTY Che Fowler
RECORDED -REOUESTOF III IIIIIIIIIIIIIIIIIIIIIIIIIIII�I��I�
Boise City 114036595
WATER MAIN and SEWER MAIN EASEMENT
THIS INDENTURE, made this day of 2014 between
Franklin Investment Company LLC . the party of the first Ipart,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 Grantor desires to provide a water main and sewer main right of way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the water and sewer mains are underground pipelines already constructed through
the property; and
WHEREAS, it is 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 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, maintenance, repair, and replacement of water
and sewer mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of operation of water and sewer lines and their
allied facilities, together with their maintenance, additional connection thereto, repair and replace-
ment 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 said Grantee, it's successors
and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that after
making repairs, performing other maintenance or making subsequent connection to the water line,
Grantee shall restore the area of the easement and adjacent property to that existent prior to under-
-taking 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.
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 use of said easement, for the purposes stated herein.
Water and Sewer Main Easement Page I EASMT WTR
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
no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully sized and possessed
of the aforementioned and described tract of lane, and 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 party of the first part has hereunto subscribed their signature
the day and year first herein above written.
Managing Member
STATE OF IDAHO)
)ss
County of Ada )
On this0 1* day of 2014, before me, the undersigned, a Notary
Public in and for said State, perso sally appeared Larry Van Hees . known or identified to me to
be a Managing Member of the Limited Liability Company that executed the within instrument, and
acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
year first above written.
seal the day and
y . NOTARY P C, IDAHO
wee � `, Residing at
M� My commission expires:
1"117-
ousoc' ) i
RVIT.KoffKAIN1r I TO Pa TIRT mak,
4�a GN"f
Cha+ �c, Ca..�c; / P✓� i1iID1AN*
Sp
ibuNo
a
n EAL
hest aycee L. Holman, City Clerk " dITA[,
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
On this (`Z day of "a,� , 20 jam, before me, the undersigned, a Notary
Public in and for said State, personally appeared m1and Jaycee L. Holman,
known to me to bee�irlap9r�nd, ity Clerk, res ttv-1y,—"r oity of Meridian, Idaho,
and who executed the within insimen 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.
N&PARY PUBLIC FOR IDAHO
Residing at: Q�
Commission Expires: p
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
EXHIBIT A
WATER LINE AND SEWER LINE EASEMENT
HARKSCORNER
An easement for water and sewer lines in Lots l and 2 of the Van Hees Subdivision, the official plat for which is
recorded in the office of the Ada County Recorder in Book 12 of Plats at Page 688, being located in the NE'/, NE%4 of
Section 14, T.3 N., R.1 W.,B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at the brass cap monument in the intersection of S. Linder Road and W. Franklin Road which marks the
northeast corner of said Section 14; thence, N.89' 13'17"W, 664.46 feet along the north line of said Section 14
(centerline of said W. Franklin Road); thence, 5.00'3343"W., 45.00 feet to a 5/8 inch rebar which marks the
northwest comer of said Lot 1 of the Van Hees Subdivision; thence, S.00°3343"W., 72.43 feet along the west line of
said Lot 1 to the POINT OF BEGINNING; thence,
S.89'1416"E, 138.76 feet parallel with and 10 feet north of the existing water main; thence,
S.00'45'24"W, 91.55 feet parallel with and 10 feet east of the existing water main; thence,
S.14'08'29"E., 3726 feet parallel with and 10 feet east of the existing water main; thence,
S.89-1 T 17"E, 68.95 feet parallel with and 10 feet north of the existing water main; thence,
S.00'46'43"W., 30.00 feet along the terminus of the existing water and sewer easements as recorded in Instrument
No.s 102003502 and 102003503; thence,
N.89'13'17"W., 69.09 feet parallel with and 10 feet south of the existing sewer main; thence, around an existing fire
hydrant five feet on each side of the service water line the following three courses:
S.00`46'43"W., 3.81 feet; thence, N.89'13'17"W., 10.00 feet; thence, N.00'4643"E., 3.81 feet; thence,
N.89' 13' 17"W., 22.60 feet parallel with and 10 feet south of the existing sewer main; thence,
N.00"32'54"E., 20.00 feet along the terminus line of this sewer easement; thence,
S.89' 13'17"E., 14.79 feet parallel with and 10 feet north of the existing sewer main; thence,
N. 14-08'29"W., 44.90 feet parallel with and 10 feet west of the existing water main; thence,
N.00'45'24"E., 74.17 feet parallel with and 10 feet west of the existing water main; thence,
N.89' 14'36"W., 10.82 feet parallel with and 10 feet south of the existing water main; thence, around an existing fire
hydrant five feet on each side of the service water line the following three courses:
S.00'45'24"W., 9.06 feet; thence, N.89' 14'36"W., 10.00 feet; thence, N.00'45 24"E., 9.06 feet; thence,
N.89° 14'36"W, 97.91 feet parallel with and 10 feet south of the existing water main to a point in the west line of said
Van Hees Subdivision; thence,
N.00'39'34"E, 20.00 feet along said west subdivision line to the POINT OF BEGINNII
said easement containing 7,997 square feet or 0.184 acres, more or less.
Prepared by: John S. Austin, Idaho PLS 5081
EXHIBIT B
— T _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
N8973"17"W 664.46' FROM THE NORTHEAST CORNER OF SECTION 14
�o
FRANKLIN ROAD
I�
�b
— — N89'13'17"W
i
I
i
i
' I
BUILDING
' I
S8974 36'E 138.76"
SEWER & WA TER
NI EASEMENT L6
7 997 sq. ft.
0.184 acres
w
�I
MI
OI
O
z
/
iE R £D
\
l
�O�JR V £ y0�9p
5081 s
9), Q
\V0 OF �p�2
N S. Pv/
58973'17"
14.79"
�u
BU/LD/NG h op
o.
0
o L
PARCEL 4
h
rn
d'n BUILDING
O
vkc. S897J'17 E
L1
47---
L INE
7—
LINE
TABLE
Ll
3.81
SOO 46 43"W
L2
10.00
N8973"17"
L3
3.81
O 4643"
L4
10.8
897436"W
L5
9.06
5004524"W
L6
1000
N897436"W
L7
9.06
NOO4524"E
/
iE R £D
\
l
�O�JR V £ y0�9p
5081 s
9), Q
\V0 OF �p�2
N S. Pv/
58973'17"
14.79"
�u
BU/LD/NG h op
o.
0
o L
PARCEL 4
h
rn
d'n BUILDING
O
vkc. S897J'17 E
L1
47---
L INE
7—
HARKS CORNER
WATER AND SEWER LINE EASEMENT
IN LOTS 1 & 2 VAN HEES SUBDIVISION
NEX NE9 SECTION 14 T.3 N., R.1 W., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
0
0
40
CO
80
SCALE:
O O
Lo
1" =
NI
APRIL 21,
w N89'35'11
O
N
:'1 0
O N
O
z
I�
I
'*'oo
o "oi I
HARKS CORNER
WATER AND SEWER LINE EASEMENT
IN LOTS 1 & 2 VAN HEES SUBDIVISION
NEX NE9 SECTION 14 T.3 N., R.1 W., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
0
20
40
60
80
SCALE:
2014
1" =
40'
APRIL 21,
ISTIN
J SURVEYING
10636 CRANBERRY ST
BOISE, ID 83713
208-377-9808