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Water Main Easement with G&H Enterprises II for Kentucky Fried ChickenRECORDED - RE{IUEST OF r~v~ CUJidTY RECORDER ~ %~vu~~i~~ ,,s, E?~~IID'N~YARRa WATE~'MAll~f~~L1~ISEMENT SEE `.~"'"DEPUTY ~2ao2a~-~ ~~~:2~ ~-~' #42x39547 THIS INDENTURE, made this I I~`' day of February , 2002 between G&H Enterprises II , an Idaho Partnership, 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 construction, 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 construction, 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 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. 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 the use of said easement, for the purposes stated herein. Water Main Easement Page 1 EASMT.WTR.62701.doc 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 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. GRANTOR: Jona an G. Gibbs -Administrative Partner G&H Enterprises II, an Idaho Partnership STATE OF IDAHO ) ss County of Ada ) On this 11th day of February, 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan G. Gibbs ,known or identified to me to be an administrative partner in the partnership of G&H Entemrises II, and an administrative partner or one of the partners who subscribed said partnership name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written.__ ~ `~°',~,~' ~ ~Att ~: ~"N~ w :,~,~-r ArlHL1 ~O ARY PUBLIC FOR IDAHO gat ~o~re. ~~~~d ssion Expires: ~ L ~ Water Main Easement Page 2 EASMT.WTR.62701.doc GRAN~~E: CITY OF MERIDIAN /~ Rob rt D. Corrie, Mayor r test by William G. Berg, Cit ler Y).Y pSe.3 tip l~~l ~' v ,1 ~'y.: Y y~ ~ ~~h~ L~~ ~,~1~-r+. H ~ ii ~s ,~~~ ~~ , w ' .~ _ ~ ~~~~ ~. r~~~ ~~`~~ ~: G-~ n i r \ i' a ~-S' < f 1. c.. - ,.. +"" ~ L . i `: n Approved By City Council On: ~ ~ l ~` Water Main Easement Page 3 EASMT.WTR.62701.doc elJ. C~? r~. (9 ~ ~~/• 5505 W. Franklin Road • Boise, Idaho 83705-1055 City of Meridian Public Waterline Easement KFC -Meridian Road 31 January 2002 A strip of land located in U.S. Government Lot 2 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at the northwest corner of said Section 18; thence S00°49'05"W, 2,654.18 feet along the westerly boundary of said Section 18 to the southwest corner of said U.S. Government Lot 2; thence N11°26'16"E, 218.76 feet along a random line to the easterly right-of-way of Meridian Road and to Point "A' ; thence S58°57'26"E, 70.75 feet along the northeasterly right-of--way of Meridian Road to the northwesterly right-of--way of 1 Street; thence N30°21'00"E, 130.58 feet along the northwesterly right-of--way of 1St Street; thence N31 °02'34"E, 160.96 feet along the northwesterly right-of--way of 1St Street to the Real Point of Beginning: Thence the following courses and distances along the centerline of a strip of land 20.00 feet in width, 10.00 feet on each side of said centerline: N58°57'19"W, 31.44 feet; S31 °02'41 "W, 80.51 feet; N89°10'55"W, 138.82 feet to tl Meridian Road, which is also the bears N00°49'05"E, 163.34 feet Point "A" e easterly right-of--way of Point of Terminus, which From the above described NW Cor. Sec. l8 4( 3: ~~~ O:~ ~:Q; ~~h o:~ o •cv ~• a O C 'L 40 ' .t~ ^~ :. ti.' ~ .:~ o: ~; o: . ~: ~ Z;~ SW Cor. ~US LOT 2 N 29'03 '2 J "E 4.00 ' N 3 /'02 ' 34 "E 22. 54 ' DISTANCE 3/.44" KFC - Meridian Road City of Meridian Waterline Easement 31 January 2002 B & A Engineers, lnc. 208-343-3381 Meridian City Council Meeting March 19, 2002 Page 7 of 73 G. Findings of Fact and Conclusions of Law for Approval: CUP 01-040 Request for a Conditional Use Permit fora Planned Development for 34 townhouses in a proposed R-8 zone for proposed Berkeley Square Subdivision by Wardle and Associates -1025 North Ten Mile Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 01-042 Request fora Conditional Use Permit fora Building Structure to be used as a Daycare Center in an L-O zone for Dreamland Education Center by Monvand Enterprises, LLC - south of East Leslie Drive and west of North Eagle Road: I. Findings of Fact and Conclusions of Law for Approval: AZ 01- 026 Request for annexation and zoning of 2.30 acres from R-1 to R-4 zones for proposed Hearthstone Subdivision by Robert Lee - southeast corner of West Cherry Lane and North Black Cat Road: J. Findings of Fact and Conclusions of Law for Approval: PFP 01-009 Request for Preliminary/Final Plat approval of 2 building lots on 2.30 acres in a proposed R-4 zone for proposed Hearthstone Subdivision by Robert Lee -southeast corner of West Cherry Lane and North Black Cat Road: K. Thousand Springs Subdivision Restrictive Covenant: L. Well No. 21 and 22 Pumping Facilities Change Orders - SCADA System Upgrade: M. Ashford Greens Water Latecomer Agreement - Brighton Corporation: N. Ashford Greens Pressure Sewer Latecomer Agreement - Brighton Corporation: O. Bedford Place Water Latecomer Agreement ~ Brighton Corporation: P. Agreement for Professional Services Addendum - Ten Mile Interchange Sewer Study, JUB Engineers: Q. G8~H Enterprises 11(KFC/A~YIf7 Water Line Eaa: Meridian City Council Meeting March 18, 2002 Page 8 of 73 R. Addendum to Joint Powers Agreement between City and Meridian Rural Fire Protection: Corrie: Thank you, Mr. Nary. Okay. Item No. 4 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we approved the Consent Agenda, with the exception of Items D being tabled to April 23rd, 2002. Items E, F, G, and K being moved to 6-E, 6-F, 6-G, and 6-K on our Regular Agenda. De Weerd: Second. Corrie: Motion has been made and seconded to approve the Consent Agenda with the noted changes. Any further discussion? Hearing none, roll-call vote, Mr. Berg. Roll-Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion approved. MOTION CARRIED: ALL AYES. Item 5: Department Reports: A. Public Work's Department -Gary Smith: 1. White Drain Trunk Sewer Permanent and Temporary Construction Easement -John Kennedy: 2. White Drain Sewer Trunk -Award of Contract: 3. Latecomers Agreement Request From Jackson's Food Stores: Corrie: Item No. 5 is Department reports and there has been a request to table Items No. A-1, 2, and 3. So with that I would entertain a motion for that approval. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I move we table Items A-1, 2 and 3 to March 26th. Bird: Second.