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Water Main Easement with Gemtone Inc for Krispy Kreme ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 12126102 10:57 AM OEPUTY Michelle Turner RECORDED-REQUEST OF Meridian City AMOUNT .00 1111111111111111111111111111111111111 102156663 WATER MAIN EASEMENT THIS INDENTURE, made this ß day o~\. 2~between Gemtone, Inc. , the parties of the first part, 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 Grantors desire 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 an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline 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, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line 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 making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area ofthe 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 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 perermial shrubs or flowers within the area C:\projects\2002108\20823 - Krispy KremesICorrespondenceIOut-goingIEASMT.WTRdoc Page I EASMT.WTR 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 completely relinquished. 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 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 ofthe first part have hereunto subscribed their signatures the day and year first herein above written. --- ~~. J~ STATE OF IDAHO) ) ss County of Ada ) Onthis~dayof ~O1'Y\m ,20~beforeme, theundefsipned,aNotary Public in and for said State, personally appeared 1h)I\J'O~ T \O)..~ and , known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. ~~ Residing Wt£" Commission Expires: î.23.[jÕ at EASMT.WTR Approved By City Council On: ~ lJeo/v\.lo~w ~ ~oo '2-- 20613 EASMT.SWR.doc EXHIBIT "A" DESCRIPTION OF CITY OF MERIDIAN WATER LINE EASEMENTS PROPOSED TREASURE VALLEY BUSINESS CENTER NO.3 SUBDIVISION November 7,2002 Two easements for water line 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: EASEMENT "A" Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence N 89°48'53" W 496.34 feet along the north line of said Section 8 to a point; Thence S 00"00'00" W 78.01 feet to a point on the southerly right of way of Fairview Avenue, the BEGINNING POINT of this easement centerline description: Easement 10' right and 10'left: Thence S 00°24'45" W 35.00 feet to a point; Easement 37' right and 10'left: Thence S 00"24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00"24'45" W 78.60 feet to a point; Easement 10' right and 16' left: Thence S 00°24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00°24'45" W 75.60 feet to a point; Easement 29' right and 10' left: Thence S 00"24'45" W 5.00 feet to a point; Easement 10' right and 10'left: Thence S 00°24'45" W 22.00 feet to a point; 20823watease Easement 10' right and 18' left: Thence S 00°24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00°24'45" W 55.00 feet to a point; Easement 29' right and 10' left: Thence S 00"24'45" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00"24'45" W 6.64 feet to a point Thence S 52°54'20" E 27.00 feet to a point; Easement 10' right and 27' left: Thence S 52"54'20" E 10.00 feet to a point; Easement 10' right and 10' left: Thence S 52"54'20" E 4.75 feet to a point; Thence S 00"24'44" W 79.20 feet to a point; Easement 10' right and 18' left: Thence S 00°24'44" W 5.00 feet to a point; Easement 10' right and 10' left: Thence S 00"24'44" W 23.00 feet to a point; Easement 29' right and 10'left: Thence S 00°24'44" W 5.00 feet to a point; Easement 10' right and 10'left: Thence S 00"24'44" W 81.43 feet to a point; Thence S 44"13'15" E 66.15 feet to a point; Thence S 45"46'45" W 24.59 feet to a point on the south boundary of Lot 1O, Block 1, Treasure Valley Business Center Ph.1, the END POINT of this easement centerline. EASEMENT "B" 20823watease Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence N 89°48'53" W 496.34 feet along the north line of said Section 8 to a point; Thence S 00°00'00" W 78.01 feet to a point on the southerly right of way of Fairview Avenue, said point being the Beginning Point of Easement "A"; Thence S 00°24'45" W 297.84 feet along the centerline of Easement "A" to a point; Thence S 52"54'20" E 36.99 feet along the centerline of Easement "A" to the BEGINNING POINT of this easement centerline description; Easement 10' right and 10' left: Thence N 37"05'40" E 2.00 feet to a point; Thence N 89"20'12" E 172.30 feet to a point; Easement 29' right and 10' left: Thence N 89°20'12" E 5.00 feet to a point; Easement 10' right and 10' left: Thence N 89°20'12" E 87.50 feet to a point; Easement 10' right and 18' left: Thence N 89"20'12" E 5.00 feet to a point; Easement 10' right and 10' left: Thence N 89°20'12" E 9.20 feet to the END POINT of this easement centerline Michael E. Marks, P.LS. 20823watease i EXHIBIT "B" ~ 819 -: N 89'48'53" W-496.34'- I i-s 00'90'00" W FAIRVIEW AVENUE I 78.01 I I BEGINNING POINT "A" 11 2 b Ii '" 0. . 'Or> ~Ii --' ~ (,!) i::5.~ zl~ TREASURE VALLEY BUSlrESS CENTER PH,1 EXISTING LOT LINES 3 .99' S 52'54'20" E 41.75' N BEGINNING POINT "B' 9 JEWELL STREET ß I~ ..... ~ ..... > ~ 0 81 BRIGGS ENGINEERING. tIC. ~ (20B)344-9700 IBOO W. OVERlAND ROAD BOISE. IDAHO B3705 REVISION SHEET 1 OF 1 DESIGN EXHIBIT Meridian City Council Meetina December 10, 2002 The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M., on Tuesday, December 10, 2002, by Mayor Robert Corrie. Members Present: Robert Corrie, Keith Bird, William Nary, and Cherie McCandless. Members Absent: Tammy de Weerd. Others Present: William Nichols, Brad Hawkins-Clark, Brad Watson, Ken Bowers, Mike Worley, Dean Willis, and Will Berg Item 1, Roll-call Attendance: Roll call. ~ Tammy de Weerd ---L. Bill Nary ---L. Cherie McCandless -2L- Keith Bird ---L. Mayor Robert Corrie Corrie: Okay. I'm going to open the Meridian City Council Regular Meeting for Tuesday, December 10,2002, at 7:00 P.M., and I would like to have the City Clerk have roll call attendance, please. Item 2. Adoption of the Agenda: Corrie: Thank you. Item Number 2 is the adoption of the agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: With your permission, I would like to add to the agenda under the Consent Agenda, Item J, which is a recommendation from the Parks and Recreation Commission for partnerships at the different park locations. The Meridian Youth Baseball and Settler's PAL Soccer, Lochsa Falls, Meridian Lions Rodeo Club, and the ice skating rink at the Borup property, if that would be acceptable to you and the total Council. Corrie: Okay. Do I hear any objection from Council? Nary: No. Corrie: Okay. That would be fine, Mr. Bird. We will add that to the Consent Agenda. Bird: Mr. Mayor? Meridian City Council December 10. 2002 Page 2 cf 37 Corrie: Mr. Bird. Bird: With that, then, I would move that we approve the agenda as noted. McCandless: Second. Corrie: All right. Motion has been made and seconded to approve the agenda as corrected. Any further discussion? Hearing none, all those in favor of the motion say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 3, A, Consent Agenda: Approve minutes of November 12, 2002 Pre-Council Meeting: B. Approve minutes of November 26, 2002 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: PFP 02-003 Request for Preliminary I Final Plat approval of 1 building lot on 3.8491 acres in a C-C zone for Goldstone Center Condo's by Sundance Company - southeast corner of South Eagle Road and East Overland Road: D. Findings of Fact and Conclusions of Law for Approval: PFP 02-004 Request for Preliminary I Final Plat approval of 3 building lots on 5.5 acres in a C-G zone for Norco Subdivision by Pinnacle Engineers, Inc. - 2150 East Fairview. E, Off-site Sewer and Water Line Easement, Heritage Commons (Quenzer Commons) - Eugene and Ardyce Quenzer: F, Sewer and Water Line Easement, Krispy Kreme - Gemtone, Inc,: G, Water Line Easement - R,T, Nahas: H, Sewer Easement, Baldwin Park Subdivision No, 1 - Capital Development: I, Agreement for Services for Fire Alarm Maintenance - Audio Electronics, Inc,: J, Recommendation from the City Parks and Recreation Department for partnerships, Meridian City Council December 10, 2002 Page 3 of 37 Corrie: Item 3 is the Consent Agenda. We do have the addition of Item J. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approve the Consent Agenda, with the addition of Item J, and for the Mayor to sign and the Clerk to attest on all proper papers. McCandless: Second. Corrie: Okay. Motion has been made and seconded to approve the Consent Agenda, with the inclusion of Item J on the Parks recommendation. Any further discussion? Hearing none, roll call vote, Mr. Clerk. Roll Call vote: McCandless, aye; Nary, aye; De Weerd, absent; Bird, aye. Corrie: Okay. All ayes. Motion approved on the Consent Agenda. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4, Department Reports: A, Public Works Department: 1, 2003 Touchmark Crossing Water Main Extension - Professional Services Contract, Keller Associates: Corrie: Item Number 4 is Department Reports. Item A, Public Works Department. One is the 2003 Touchmark Crossing Water Main Extension - Professional Services Contract, Keller Associates. Mr. Watson. Watson: Thank you, Mr. Mayor and Council Members. I had intended for this to go on the Consent Agenda, so I won't bore you with the details. What this involves is a Design Contract with Keller Associates to bring water under the Interstate for the Touchmark project to the south side of the Interstate, which used to be -- I think it's called the Elk's property or something like that. It's the southeast corner of the 1-84 and Eagle Road Interchange and bring water all the way over to Overland Road. Silverstone Subdivision is right there in that general area. Our modeling has shown that this is probably -- probably will be a needed connection as Touchmark and Silverstone develop out and Keller has done a lot of work for us in the past, as you well know. The estimated construction cost, just ballpark right now, is about 300,000. They are proposing a Professional Services Agreement of 24,800 and we would recommend approval of the contract for that amount. I would be happy to answer any questions.