Water Main Easement with G&H Enterprises II for Kentucky Fried ChickenRECORDED - RE{IUEST OF
r~v~ CUJidTY RECORDER ~ %~vu~~i~~
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WATE~'MAll~f~~L1~ISEMENT SEE `.~"'"DEPUTY
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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.__ ~
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Water Main Easement Page 2
EASMT.WTR.62701.doc
GRAN~~E: CITY OF MERIDIAN
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Rob rt D. Corrie, Mayor
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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
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N 3 /'02 ' 34 "E
22. 54 '
DISTANCE
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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.