Water Main Easement with Gemtone, Inc. for Krispy Kreme
ADA COUNTY RECDRDER J, DAVID NAVARRO
BOISE IDAHO 06/26/03 11:26 AM
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MERIDIAN CITY 103105409
AMOUNT .00 -----------------------------
WATER MAIN EASEMENT
THIS INDENTURE, made this 2+ day of ~ ,20 &>.3between 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 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 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 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 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
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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 1he 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:
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President
STATE OF IDAHO)
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County of Ada)
On this .~ day of ~ \ \ ,2003 before me, the undersigned, a Notary
Public in and for said State, personally appeared'J1\lm~ T ~ and
, known or identified to me to be the President of the
corporation that executed the within instrument, and acknowledged to me that such
corporation executed the same.
~F~
Residing at ~
Commission Expires: ì .~.Dð
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GRANTEE: CITY OF MERIDIAN
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Robert D. Corrie, Mayor
Approved By City Council On:
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EXHIBIT "A"
DESCRIPTION OF
CITY OF MERIDIAN WATER LINE EASEMENTS
PROPOSED KRISPY KREMES SUBDIVISION
Apri124,2003
Two easements for water line facilities in Lots 1, 2, 9 and 10, Block 1, Treasure Valley
Business Center Phase 1, located in the NE Y. of Section 8, Township 3 North, Range 1
East of the Boise Meridian, Meridian, Ada County, Idaho, being more particularly
described as follows:
EASEMENT "A"
Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence
N 89°48'53" W 495.90 feet along the north line of said Section 8 to a point;
Thence S 00°00'00" W 78.01 feet to a point on the southerly right of way of Fairview
Avenue, the BEGINNING POINT of this easement centerline description:
Easement 10' right and 10' left:
Thence S 00°24'45" W 45.00 feet to a point;
Easement 37' right and 10' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 60.51 feet to a point;
Easement 30' right and 10' left:
Thence S 00°24'45" W 5.00 feet to a point:
Easement 10' right and 10' left:
Thence S 00°24'45" W 12.97 feet to a point;
Easement 10' right and 20' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 62.04 feet to a point;
30404watease
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Easement 30' right and 10' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 47.51 feet to a point;
Easement 30' right and 10' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 40.82 feet to a point;
Easement 30' right and 10' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 15.34 feet to a point
Thence S 23°45'42" E 14.60 feet to a point;
Easement 31' right and 10' left:
Thence S 23°45'42" E 10.00 feet to a point;
Easement 10' right and 10' left:
Thence S 23°45'42" E 4.85 feet to a point;
Thence S 00°24'45" W 20.78 feet to a point;
Easement 29' right and 10' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 12.75 feet to a point;
Easement 10' right and 19' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 37.04 feet to a point;
30404watease
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Easement 29' right and 10' left:
Thence S 00'24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00'24'45" W 54.65 feet to a point;
Easement 10' right and 19' left:
Thence S 00°24'45" W 5.00 feet to a point;
Easement 10' right and 10' left:
Thence S 00°24'45" W 64.12 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.
EASEMENT "B"
Commencing at the northeast corner of Section 8, T. 3 N., R. 1 E., B.M., thence
N 89'48'53" W 495.90 feet along the north line of said Section 8 to a point;
Thence S 00'00'00" W 78.01 feet to a point on the southerly right of way of Fairview
Avenue, said point being the Beginning Point of Easement "A";
Thence S 00'24'45" W 60.57 feet along the centerline of Easement "A" to the
BEGINNING POINT of this easement centerline description;
Easement 2.5' right and 2.5' left:
Thence S 89'35'15" E 197.81 feet to a point;
Thence S 00'24'45" W 27.00 feet to the END POINT of this easement centerline
Michael E. Marks, P.LS.
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EXHIBIT
"B"
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: N 89'48'53" W-495.90'-
!-~8~00;90'00" W FAIRVIEW AVENUE
I
I BEGINNING POINT "A"
tEGINNING POINT ~ -
r-- -197.81' -
4 I S 89'35'15" E
. 20' f
2 on 10'
S 00'24'45" W ¡"
314.19'
27.00
S 00'24'45" W
END POINT "B"
1
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9
TREASURE VALLEY BUSINESS CENTER PH.1
EXISTING LOT LINES
BLOCK
10
JEWELL STREET
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BRIGGS ENGllEERING. INC.
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(208)344-9700
1800 W. OVERLAND ROAD
BOISE. IDAHO 83705
CITY OF MERIDIAN WATER UNE EASEMENTS
PROPOSED KRISPY KREMES
A PORTION OF TREASURE VALLEY BUSINESS CENTER
LOCATED IN THE NE 1/4 OF SECTION B,
T.3N., R.1E., 8.1.1., MERIDIAN, ADA COUNTY, IDAHO
DRAFT SCALE DATE
MEM NTS 11/05/02
REVISION
SHEET
DESIGN
1 OF 1
Meridian City Council Meeting
June 10. 2003
Page2of41
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.
G.
H.
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: MI 03-
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 CoG, 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:
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 CoN zone for Cherrv Crossing by Hawkins
Companies - northwest corner of West Cherry Lane and North
Linder Road:
Findings of Fact and Conclusions of Law for Approval: CUP
03-016 Request for a Conditional Use Permit for a craft store and
Mertdian City Councii Meeting
June 10. 2003
Page 3 of 41
o.
P.
Q.
R.
S.
coffeehouse in an C-T zone for The Librarv 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
Subdivision:
Easement for KrisDV Kreme
K.
Water Main Easement for Sanitarv 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 Bridaetower Crossina
Subdivision No.3:
N.
Streetlight Agreement for Sutherland Farms Subdivision No.1:
Streetlight Agreement for Meadow
Touchmark Subdivision):
Lake Villaae (aka
Streetlight Agreement for Lochsa Falls Subdivision No.1:
Streetlight Agreement for Lochsa Falls Subdivision No.2:
Streetlight Agreement for Lochsa Falls Subdivision No.3:
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 Councii Meeting
June 10. 2003
Page4of41
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 1st -- 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 a two-year grant it is not a three-year one. We do have limited match on this. It