Sewer Easement with Gemtone, Inc. for Krispy Kremes (2)ADA COUNTY RECORDER J. DAVID NAVARRO 6
BOISE IDAHO Ofi126103 11:26 AM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIiII I II III
MERIDIAN CITY
AMOUNT .00 10~10~4~~
SEWER EASEMENT
THIS INDENTURE, made this 24 day of~ 20?)3between Gemtone, Inc. ,the party of the
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 toprovide anirrigationright-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:
President
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of , 20D before me, the undersi ed, a Notary
Public in and for said State, personally appeared ~ • l~Q~ 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist ~b~ n. ~
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Commission Expires:
GRANTEE: CITY OF MERIDIAN \\\`~,,,,,,,,,,,,,~~~~~~
AGO TF~
Robert D. Corrie, Mayor _
SEAL
Attest by William G. Berg, Cit Clerk ~'~, ~ C `
Approved By City Council On: _ d (iVy~„e, ~ D, Z~ tl o~
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EASMT.SWR
STATE OF IDAHO, )
ss.
County of Ada )
On this ~~ r~ day of_ ~~it,-'Le. , 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 seat the day and year first above written.
(SEAL) ,~. tip,; NOTARY PUBLIC FOR IDAHO .
~~ ~ ~ ' RESIDING AT: oLGr'z ~~
MY COMMISSION EXPIRES: -28 -2~
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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 %< 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.
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30404ssease
_ EXHIBIT "B" 5 4
N 89'48'53" W 508.35' 8 9
S 00'00'00" W~ FAIRVIEW AVENUE
140.54 I
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I BEGINNING POINT
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S 00'24 45 W
254.19'
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II TREASURE VALLEY BUSINESS CENTER PH.1 ''~
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S 23'45'42" E N. ,.,., ~
29.30' -`r
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10 10 N
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END POINT
JEWELL STREET
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8 9
~iKiGS EN~rINEERN~i, NrC. CITY OF MERIDIAN SANITARY SEWER EASEMENT REVISION
_ PROPOSED KRISPY KREMES
~` S s~ A PORTION OF TREASURE VALLEY BUSINESS CENTER
LOCATED IN THE NE 1 /4 OF SECTION 8, SHEET
(2o8)3aa-s7oo T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 1 OF 1
i8oo w. ovERUND ROAD DESIGN DRAFT SCALE DATE DWG.NO.
BoiSE, IDAHO 83705 MEM NTS 4/24/03 30404
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Meridian City Council Meeting
June 10, 2003
Page 2 of 41
Corrie: Motion has been made and seconded to adopt the revised agenda. All those in
favor of the motion say aye. Opposed no? All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. Approve minutes of May 13, 2003 Pre-Council Meeting:
B. Findings of Fact and Conclusions of Law for Approval: CUP
03-018 Request for a Conditional Use Permit for a bank with
drive-thru in an I-L zone for Washington Trust Bank by Russ
Wolfe -south of East Presidential Drive and east of North Eagle
Road:
C. Findings of Fact and Conclusions of Law for Approval: M103-
008 Request for sales office /model home in an R-4 zone for
Inglenook Model Home by Inglenook Development - 2720 South
Locust Grove Road:
D. Findings of Fact and Conclusions of Law for Approval: VAC
03-002 Request to vacate existing easements in Crestwood
Subdivision No. 1 by the plats of Havasu Creek Subdivision No.s
1, 2, and 3 by Farwest, LLC -west of North Locust Grove Road
between West Ustick Road and West McMillan Road:
E. Findings of Fact and Conclusions of Law for Approval: MI 03-
007 Request to construct a temporary private road for the
construction of Phase 2 in C-G, R-40, and C-N zones for Fairview
Lakes by Fairview Lakes, LLC - 824 East Fairview Avenue:
F. Findings of Fact and Conclusions of Law for Approval: CUP
03-014 Request for a Conditional Use Permit for a reduction of
approved 192 unit apartment to 96 units and allow 55,000 square
foot office park for Fairview Lakes by Fairview Lakes, LLC - 824
East Fairview Avenue:
G. Findings of Fact and Conclusions of Law for Approval: CUP
03-013 Request for a Conditional Use Permit to modify
operational hours and change building placement from original
approved CUP in a C-N zone for Cherry Crossing by Hawkins
Companies -northwest corner of West Cherry Lane and North
Linder Road:
H. Findings of Fact and Conclusions of Law for Approval: CUP
03-016 Request for a Conditional Use Permit for a craft store and
Meridian City Council Meeting
June 10, 2003
Page 3 of 41
coffeehouse in an O-T zone for The Library by Craig Rittenhouse -
141 East Carlton:
I. Findings of Fact and Conclusions of Law for Approval: CUP
03-019 Request for a Conditional Use Permit for the demolition of
one of the two existing buildings and replacing with one new
building for the same use -child care in a C-C zone for New
Horizon Child Care by New Horizon Child Care - 1830 North
Meridian Road:
J. Sewer and Water Main Easement for Krisav Kreme
Subdivision:
K. Water Main Easement for Sanitary Services -north of West
Franklin Road and west of North Linder Road:
L. Sewer and Water Main Easement for Sundance Subdivision
No. 2:
M. Sewer and Water Main Easement for Bridgetower Crossing
Subdivision No. 3:
N. Streetlight Agreement for Sutherland Farms Subdivision No. 1:
O. Streetlight Agreement for Meadow Lake Village (aka
Touchmark Subdivision):
P. Streetlight Agreement for Lochsa Falls Subdivision No. 1:
Q. Streetlight Agreement for Lochsa Falls Subdivision No. 2:
R. Streetlight Agreement for Lochsa Falls Subdivision No. 3:
S. Stellar Technologies, LLC, Agreement - Installation of
anaerobic wastewater treatment apparatus:
Corrie: Item Number 3 is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Nary: Second.
Meridian City Council Meeting
June 10, 2003
Page 4 of 41
Corrie: Motion has been made and seconded to approve the Consent Agenda, any
further discussion? Hearing none, roll call vote.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Corrie: Okay. All ayes. Adopt the Consent Agenda.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
A. Meridian Police Department:
1. Discussion of Grant Award with Cpt. Bill Musser:
Corrie: Item Number 4 is Department Reports. The first is the Police Department,
Meridian Police Department discussion of grant award. Captain Bill Musser, so Mr.
Musser. Excuse me. Captain Musser.
Musser: Mr. Mayor, Members of the Council, what I have brought to you this evening
and passed out earlier, are copies on a grant award the Police Department has
managed to secure in the sum of 256,500 dollars. This aware is through the Federal
Government and basically administered out to the Idaho State Police on it. What I'd like
to do is just to have the Council and Mayor be able to review this and possibly have it
for consideration next week as to whether or not it's something that the Council would
like to pursue and authorize the Mayor to sign on to continue with. At the backside of
the grant award notice, there is also an abstract which I completed in reference to this
project, it's entitled Project Safe Neighborhood Grant Proposal Abstract. It, basically,
outlines what we are looking to do with this grant, which basically is a two prong
approach for gun violence reduction in terms of firearm safety and awareness and
prevention for teenage suicides involving firearms, as well as victimization interdiction
utilizing Boys and Girl Clubs of Ada County to help prevent juvenile victimization and to
stop any further victimization of the juveniles that have already encountered it.
Basically, the overall concept revolves around having a crime prevention specialist
position, coupled with that of another elementary school resource officer position, and
we are hoping to partner on this fully with the school district, with St. Luke's Hospital
Meridian, with the Boys and Girls Club of Ada County. Then, we are also looking for
assessment evaluation towards the end of this two-year grant program with Boise State
University Criminal Justice Department helping us out with the evaluation on the
program. I guess a couple of other things that I did want to note in reference to the
main grant award sheet signed by the director of law enforcement. It does note that the
dates on this run October 1 ~ -- or, excuse me, October 1, 2003 through September 30,
2006. I did circle that. That should be '05. They made a typographical error and there
are new originals coming over from the director's office with the correct dates on it. It is
only atwo-year grant it is not athree-year one. We do have limited match on this. It
Meridian City Council
January 20, 2004
Page 2 of 81
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the revised agenda as of January 19, 2004, that is
published.
Rountree: Second.
De Weerd: Okay, It's been moved and seconded to adopt the agenda as presented. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 5. Consent Agenda:
A. Approve minutes of January 6, 2004 City Council Regular Meeting:
6. Findings of Fact and Conclusions of Law for Approval: AZ 03-
023 Request for annexation and zoning of 11 acres from RUT to
R-8 zones for proposed Soda Sarin4s Subdivision by JLJ
Enterprises, Inc. - 2310 and 2384 East Victory Road:
C. Findings of Fact and Conclusions of Law for Approval: PP 03-
027 Request for Preliminary Plat approval of 59 building lots and 8
other lots on 11 acres in a proposed R-8 zone for proposed Soda
Springs Subdivision by JLJ Enterprises, Inc. - 2310 and 2384
East Victory Road:
D. Findings of Fact and Conclusions of Law for Approval: CUP
03-043 Request for a Conditional Use Permit for a Planned
Development for a mix of single family detached residential lot
sizes and amenities for proposed Soda Sarinas Subdivision by
JLJ Enterprises, Inc. - 2310 and 2384 East Victory Road:
E. Resolution No. 04-418 :Appointment of Bill Nary and
David Zaremba with Alternates Brad Hawkins-Clark and Gary
Smith to Valley Ride Regional Public Transportation Authority:
F. Victory Road Water System Improvement Bid Results:
G. Black Cat Pressure Sewer Bid Results:
H. Sanitary Sewer Main Easement (Correction) for Krispy Kreme
Subdivision:
Meridian City Council
January 20, 2004
Page 3 of 81
I. Meridian Senior Grant Application /City Sponsorship:
De Weerd: Item number five is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda with
the Mayor to sign and Clerk to attest to all proper papers. Mr. Clerk, will you, please,
call roll.
Roll Call: Bird, aye; Rountree, aye; Wardle, aye; Nary, aye.
MOTION CARRIED: ALL AYES
Item 6. Department Reports:
A. City Council
1. Proposal /Discussion of City Car for the Mayor's use:
De Weerd: Thank you. Item number six, Department Reports. Item A, City Council. I
will tum this item over to President Nary.
Nary: Madam Mayor, members of the Council, I think that we have -you should have a
memorandum from the Police Department. I did ask Chief Musser to be here tonight.
There has been some discussion we have had about purchasing of a vehicle for the
Mayor's office's use. The prior Mayor used his own vehicle for all city business. If -- the
chief is here someplace. Oh, there he is. What I asked the Chief is the Police
Department does a lot of purchasing of lease return vehicles. The chief has provided a
memorandum from Sergeant Fukes on some of the ones that are available in the area
and I also asked Stacy to be present as well to see where the money could be
transferred from to make this purchase if the Council was in a mind to do that. Chief, if
you could give us a little background
Musser: Madam Mayor, members of the Council, when I first had the contact on this, I
was just asked for some general quote information from the various dealers that we
usually receive quotes from and have dealt with in the past at the Police Department. In
the memorandum that Sergeant Fukes was able, to put together he made contact with
the listed companies on there, Peterson Stampede, Curt & Hal, Dan Weibold, Edmark,
and Dennis Dillon. We also made contact with Meridian Ford. However, they wouldn't