Sanitary Sewer Easement with Gemtone, Inc. for Krispy KremeADA COUNTY RECORDER J. DAVID NAVARRO 5
BOISE IDAHO 01116103 09:34 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII~I III
RECORDED-REQUEST OF I
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SANITARY SEWER EASEMENT
THIS INDENTURE, made this ~O~day of ~C.e/w~ vv", 200~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 sanitary sewerright-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 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 and maintenance of a sewer
line 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 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
of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
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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 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:
On this ~~~~ day of ~ , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared ~,~~(~~ ~-. ~~o~a ~ and
known or identified to me to be
Secretary, respectively, of the corporation that executed the within instrument, and
acknowledged to me that such corporation executed the same.
IN WIT~T,$ ~~~~OF, I have hereunto set my hand and affixed my official seal the day
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County of Ada )
Commission Expires:
G E: CITY OF MERIDIAN `~~,,~~~~dia~~rt~r~~
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ob D. Corrie, Mayor _ ~~~L _
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ttest by William G. Berg, Ci Clerk '/~~'-~~ ~"•~~ ~ , ~P`~1a\`
Approved By City Council On: ~Q C{ -~ bsi~ ~0~ Z(90 Z
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Page 3 EASMT.SWR
EXHIBIT "A"
DESCRIPTION OF
CITY OF MERIDIAN SANITARY SEWER EASEMENT
PROPOSED TREASURE VALLEY BUSINESS CENTER NO. 3 SUBDIVISION
October 16, 2002
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'/4 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 507.73 feet along the north line of said Section 8 to a point;
Thence S 00°00'00" W 131.34 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 250.00 feet to a point;
Thence S 52°54'20" E 41.75 feet to a point;
Thence S 00°24'44" W 151.00 feet to a point;
Thence S 14°39'42" W 70.66 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.
LAN,p
Michael E. Marks, P.L.S.
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TREASURE VALLEY BUSINESS CENTER PH.1
EXISTING LOT LINES
BLOCK 1
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41.75'
PROPOSED lOT LINES
10
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70.66'
END POINT
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~(~$' ~ ~(,`, CITY OF MERIDIAN SANITARY SEWER EASEMENT REVISION
PROPOSED TREASURE VALLEY
$ ~ 16 6~ BUSINESS CENTER N0. 3 sHEEr
LOCATED IN THE NE 1 /4 OF SECTION 8,
T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO
(208)344-9700 1 OF 1
~80o w. ovERV~NO Rono DESIGN GRAFT SCALE DATE DWG.NO.
BOISE, IDAHO 83705 MEM NTS 10/16/02 20823
EXHIBIT
EXHIBIT "B"
N 89'48'53" W
FAIRVIEW AVENUE
BEGINNING POINT
S 00'24'45" W
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Meridian City Council
December 10, 2002
Page 2 of 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. Consent Agenda:
A. 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 /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 /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:
~r~and Water tine Easement, Krispy Kreme -- GemtQrl~,
~~ s.a~
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 I-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.