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,