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Water Main Easement with Gemtone, Inc. for Krispy Kreme ADA COUNTY RECDRDER J, DAVID NAVARRO BOISE IDAHO 06/26/03 11:26 AM m~~ÒEto~~E~~~~~e~F III \1111111111111111\1111111111 1111II 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 C:\projects\2002\08\20823 - Krispy Kremes\Correspondence\Out-goingIEASMT.WTR.doc Page 1 EASMT.WTR ~~ l ~ '1 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: ---x-- ). ~~ President STATE OF IDAHO) ) ss 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 C:\projects\2002\O8\20823 - Krispy Kremes\Correspondence\Out-goingIEASMT.WTR.doc Page 2 EASMT.WTR (~ Ð-6Ð fl GRANTEE: CITY OF MERIDIAN ~~ ¿"A Robert D. Corrie, Mayor Approved By City Council On: ~VI~ eo, 'tGO~ C:\projects\2002\O8\20823 - Krispy Kremes\Correspondence\Out-goingIEASMT,WTRdoc Page 3 EASMT.WTR ~~ ~ ~l 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 v~ h\ ~ f1 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 ~ 5 \tt 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. 30404watease ~ u~r¡ EXHIBIT "B" ~ 819 : 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 N . 'in ~I~ 5 ~ i:5.~ Zl~ 9 TREASURE VALLEY BUSINESS CENTER PH.1 EXISTING LOT LINES BLOCK 10 JEWELL STREET u.J > <C u.J > :::¡ 0 .1 BRIGGS ENGllEERING. INC. ~ (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