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Sewer Easement with Gemtone, Inc. for Krispy Kreme ADA COUNTY RECORDER J, DAVID NAVARRO BOISE 10AHO 06/26/03 11:26 AM DEPUTY Joanne Hooper RECORDED-REQUEST OF MERIDIAN CITY ,AMOUNT .00 1111111111111111111111111111111111111 103105408 SEWER EASEMENT THIS INDENTURE, made this 24- day of~ 20 Ð.3between Gemtone. Inc. , the party ofthe first part, and hereinafter called the Grantors, and Meridian Joint School District No.2, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide an irrigation right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline fÌom 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 a sewer line over and across the following described property: (SEE ATTACHED EXHIDIT A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and their 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, 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 ofthis easement. THE GRANTORS hereby covenant and agree that they wiII not place or allow to be placed C:\projects\2002\O8\20823 - Krispy Kremes\Correspondence\Out-goingIEASMT,SWR.doc Page 1 cl lJ¡ EASMT,SWR U 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 completelyrelinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract ofland, and that they have a good and lawful right to convey said easement, and that they wiII 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. GRANTOR: ~, ¿J~ STATE OF IDAHO) ) ss County of Ada ) On this 2J..tm day of ~\ Å , 20~re me, the underth-ed, a Notary Public in and for said State, personally appeared ~ \ .1 DILh and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. TARY ~~ffi1l~ Residing attD\~ Commission Expires:I'~,Gõ Page 2 '\; IJ¡ Commission Expires: GRANTEE: CITY OF MERIDIAN ~-- ~~ Robert D. Corrie, Mayor Approved By City Council On: C:\projects\2002\O8\20823 - Krispy Kremes\Correspondence\Out-goingIEASMT.SWR,doc EASMT.SWR ~ Page 3 ~ \D STATE OF IDAHO. ) : 55. County of Ada ) On this 2- ~ rJ day of ;:HAfLI<....- , 2003, before me. the undersigned. a Notary Public in and for said State, personally appeared ROBERT D, CORRIE and WILLIAM G. BERG. JR., 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, (SEAL) ~.~_N~~. .~~~óTA.i;:,~. .~I ... , . : { ì : : \ ;' : . '. . ... ;",,!>cJm.,\~-:.ø... ..:?:.t.;,;,---d-.t:P:.. ..""OF"".. "'.... ~ny¡~~ NOTARY PUBLIC, FOR ID,. AHa, ' A ¡J /. RESIDING AT: Adec:l.ottn¥1la?fð-J(."J MY COMMISSION EXPIRES: -Zg-@5 ~~\JlJ> EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED KRISPY KREMES SUBDIVISION April 24. 2003 An easement for sanitary sewer facilities in Lots 1, 2, 9 and 10, Block 1. Treasure Valley Business Center Phase 1. located in the NE Y. of Section 8, Township 3 North, Range 1 East of the Boise Meridian. Meridian, Ada County. Idaho, being more particularly described as follows: Commencing at the northeast corner of Section 8, T. 3 N" R. 1 E, B,M" thence N 89°48'53" W 508.35 feet along the north line of said Section 8 to a point; Thence S 00°00'00" W 140.54 feet to the BEGINNING POINT of this easement centerline description, said easement being 20 feet in width and centered on the following described line; Thence S 00°24'45" W 254.19 feet to a point; Thence S 23°45'42" E 29.30 feet to a point; Thence S 00°24'45" W 202,87 feet to a point on the south boundary of Lot 10, Block 1, Treasure Valley Business Center Ph.1, the END POINT of this easement centerline. Michael E Marks. P.L.S, 30404ssease ~5\v -I' I I S 00'00'00" W......--i 140.54' : I 2 9 JEWELL STREET BRIGGS ENGINEERING. INC. CITY ~ (208)344-9700 1800 W, OVERLAND ROAD 801SE, IDAHO 83705 EXHIBIT 'N 89'48'53" W "B" -, 508.35' FAIRVIEW AVENUE BEGINNING POINT S 00'24'45" W 254.19' TREASURE VALLEY BUSINESS CENTER PH.1 I S 23'45'42" E I, 29,30' ?( I I~ ........ co' .... NN °b 7° 1010(/') Ig, BLOCK N L 10 END POINT Lo.J :> <C Lo.J :> =:; a OF MERIDIAN SANITARY SEWER EASEMENT PROPOSED KRISPY KREMES A PORTION OF TREASURE VALLEY BUSINESS CENTER LOCATED IN lHE NE 1/4 OF SECTION 8, T.3N., R.1E., 8.M., MERIDIAN, ADA COUNTY, IDAHO DRAfT SCALE DATE DWG,NO, MEM NTS 4/24/03 30404 DESIGN REVISION SHEET ~ 8/9 'Ln ðl~ "" N Lo.J ë3 ~ <C,Ln Lo.J ... Zl~ 81 1 DF 1 I..J,