Corrected Sanitary Sewer Easement with Eagle Fairview Investment for Krispy Kreme Subdivisionb
ADA COUNTY RECORDER J. DAVID NAVARRO 6
BOISE IDAHO 02I11J04 12:17 PM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III
MERIDIAN CITY 14015607
AMOUNT .00
CORRECTED SANITARY SEWER EASEMENT
CORRECTS GRANTEE NAME ON INSTRUMENT NO.103105408
December 16, 2003
THIS INDENTURE, made this ~S ~~ day of J~ ^~ ~.z 20 D`1 between Eagle-Fairview
Investment Company, LLC, the party of the first part, an hereinafter called the Grantors, and the
City of Meridian, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide an sanitary sewer right-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 sanitary
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 ages that they will not place or allow to be placed
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Corrected Sanitary Sewer Easement P~_ `
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:
Wti, l.~J~
Managing Member
STATE OF NEVADA
County of Clark
ss
On this ~ day of , 20~, before me, the undersigned, a Notary
Public in and for said State, personally appeared Wm. Lincoln Spoor, known or identified to
me to be the Managing Member, respectively, of the limited liability company that executed
the within instrument, and acknowledged to me that such limited liability company executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
.. _. o't ~-~--
,a~, F ~,ti it scare ar Nevaae s NARY P~LIC~yFOR NEVADA
' ~ ,.;Ul1NTYOFCLARK r
`~:~~ NV,i~.CY J. LONGRE
i `~ ~: ~,P; Appointrnent Expires , Residing at ~,
~ ~ ~ '' February 23,2006 ~
s__=____.-_-______.~.._e_~._.
r,o ~a-s,,,-~ Commission Expires:
-~i,~.Q,-. d3, aDO(n
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Corrected Sanitary Sewer Easement
P~
GRANTEE: CITY OF MERIDIAN
~l,C Gt-r ~! ~ 1~L~2F~. -
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O r
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9
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Attest by William G. Be g, y Clerk '~r~'%,,, '. ~ ~ ~~\
Approved By City Council On: `~
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Corr~ted Sanitary Sewer Easement
~d8 ~-..-_.,.
STATE OF IDAHO, )
ss.
County of Ada )
moony
On this.. ao~ day of wwar~ , X663; before me, the
undersigned, a ~lotary-Pubtic ~n and for said State, ~ rsonalty appeared TAMMI(~DE
WEERD .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 ~ins#~r~aera#, and
acknowledged to me that the City of Meridian executed the same.
iN WJTN€SS W~HER€4E, d wave #aereunto set y taand and af#~xed y
official seal the day and year first above written.
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COMMISSION EXPIRES: v ~
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EXHIBIT "A"
DESCRIPTION OF
CITY OF MERIDIAN SANITARY SEWER EASEMENT
PROPOSED KRISPY KREMES SUBDIVISION
January 9, 2004
An easement for sanitary sewer facilities in Lots 1 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 504.28 feet along the north line of said Section 8 to a point;
Thence S 00°24'45" W 140.55 feet along the west line of Lot 1, Block 1, Treasure Valley
Business Center Ph.1 extended to the REAL POINT OF BEGINNING of this easement
description;
Thence S 89°35'15" E 7.00 feet to a point;
Thence S 00°24'45" W 252.18 feet to a point;
Thence S 23°45'42" E 29.15 feet to a point;
Thence S 00°24'45" W 208.28 feet to a point on the south line of Lot 10, Block 1,
Treasure Valley Business Center Ph.1;
Thence 19.76 feet on a curve to the left, said curve having a radius of 160.00 feet, a
delta angle of 7°04'33", and a chord of 19.75 feet which bears N 73°08'43" W to the
southwest corner of said Lot 10;
Thence N 00°24'45" E 481.47 feet along the west lines of said Lots 10 and 1 to the
REAL POINT OF BEGINNING of this description.
Michael E. Marks, P.L.S.
LA
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20823ssease
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S 00'24'45" W/ I
140.55' I
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EXH I BI T "B"
N 89'48'53" W 504.28'
FAIRVIEW AVENUE
- - - -
S 89'35'15" E ~
/ 7.00' ~
~~ 1
N N I
~ O
N° PROPOSED KRISPY KREMES SUBDIVISION
N
S 23'45'42" E
29.15'
Z
9
JEWELL STREET /
R= 160.00' L= 19.76'
DELTA= 7'04'33"
CH= N 73'08'43"W 19.75'
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BLOCK 1
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BRIGGS ENGINEERI~IG~ INC. CITY OF MERIDIAN SANITARY SEWER EASEMENT REVISION
N ~ PROPOSED KRISPY KREMES
$~ 16 6 S A PORTION OF TREASURE VALLEY BUSINESS CENTER sHEET
LOCATED IN THE NE 1 /4 OF SEC110N 8,
T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO
(208)344-9700 1 OF 1
1800 w. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG.NO.
BOISE, IDAHO 83705 MEM NTS 1/09/04 30404 HI
MeriAian 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 carved.
MOTION CARRIED: ALL AYES
Item 5. Consent Agenda:
A. Approve minutes of January 6, 2004 City Council Regular Meeting:
B. 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 Springs 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 Springs 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: