HomeMy WebLinkAboutPublic Pathway Easement with Tuscany Development, LLC for Glacier Springs Subdivision,ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 E
BOISE IDAH010118104 09:01 AM
DEPUTY Joanne Hooper III IIII'llllllllllllllllllllllll'I'11
RECORDED-REQUEST OP 10413229
MERIDIAN CITY
PUBLIC PATHWAY EASEMENT
This agreement made and entered into on this ~_ day o
2004, between Tuscany Development, Inc. an Idaho Corporation, whose address is PO
Box 344 Meridian, Idaho 83680, hereinafter referred to as "Grantor", and City of
Meridian, an Idaho Municipal Corporation, whose address is 33 East Idaho Street,
Meridian, Idaho 83642, hereinafter referred to as "Grantee".
WHEREAS, Grantor is the owner of a development on which a portion of the Ten
Mile Creek Pathway is located on the south side of the Ten Mile Creek, which is a
Blanket easement located within the Common Area in Lot 8, Block 3, of Glacier Springs
Subdivision within the Plat and Landscape Plan, and which is more specifically described
in Exhibit A and incorporated herein by this reference.
WHEREAS, the Grantee required as a condition of approval, that the Grantor
deed or convey ownership of the pedestrian pathway known as the Ten Mile Creek
Pathway within its development to the Grantee upon completion of the pathway
construction, and which Ten Mile Creek Pathway was noted on the Plat of the Landscape
Plan.
NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the Ten
Mile Creek Pathway, which is a Blanket easement located within the Common Area in
Lot 8, Block 3, of Glacier Springs Subdivision within the Plat and Landscape Plan, for
the maintenance, use, repair, and operation thereof, and which pathway is more
specifically described in Exhibit A and incorporated herein by this reference.
PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 1 OF 5
The Grantee shall be permitted to make the pathway available to the public
without charge for recreational uses as contemplated by Idaho Code §36-1604. The
authorized uses of the pathway are limited to walking, jogging, inline skating, riding
bicycles, and other human powered devices, no non-human-powered vehicles or devices
shall be allowed, except access by handicapped persons with motorized wheelchairs or
comparable equipment for access by handicapped persons only. Authorized uses shall
not include horseback riding, hunting, or the use of motorized vehicles except for
necessary access by law enforcement personnel or for construction, maintenance or repair
work by the City of the pathway or related improvements.
The Grantee shall enforce its anti-littering ordinances, provide waste receptacles,
and take other reasonable actions within its authority to prevent litter, trash or other
material to gather or be deposited on or along the pathway authorized pursuant to this
agreement. In the event any entity requires a license agreement with the Grantee
regarding the pathway, if the pathway is to be maintained by the Glacier Springs Property
Owner's Association and not Grantee, then said Property Owner's Association, as the
successor to Grantor regarding ownership and maintenance of common areas, shall enter
into an indemnity agreement with Grantee regarding Grantee's maintenance and liability
responsibilities.
Any and all notices shall be hand delivered or, if sent by mail, shall be certified,
postage prepaid, return receipt requested, addressed to the parties as follows:
GRANTOR: GRANTEE:
Tuscany Development, Inc. City of Meridian
PO Box 344 33 East Idaho
Meridian, ID 83680 Meridian, Idaho 83642
PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 2 OF 5
This Easement shall be perpetual from the Grantor, its heirs, its successors or
assigns, to the Grantee. This Easement shall be binding upon the Grantor, its successors
and assigns, and inure to the benefit of the Grantee and its successors and assigns, and
shall run with the land.
IN WITNESS WHEREOF, the parties hereto have executed this Ten Mile Creek
Pathway Easement the day and year first above written.
GRANTOR:
By
GRANTEE:
CITY OF MERIDIAN
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Mayor eerd ~ G~ \~G rFO y ~ .,
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By - ~ SEAL
William G. Berg, Jr., ity er~C F `~
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PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 3 OF ~
STATE OF IDAHO, )
ss:
County of
On this ~_ day of , 2004, before me, the
dersigned, a Notary Public in and for aid State, personally appeared
~ n `, ~s o~-, ,known or identified to me to be the, and whose name is
subscri ed to the within instrument, and acknowledged to me that they executed the same
for
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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STATE OF IDAHO, )
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County of Ada, )
On this ~ day of~~ ~ ~Yl~ ~ , 2004, before me, the
undersigned, a Notary Public in and `for said State, personally appeared TAMMY de
WEERD and WILLIAM G .BERG, JR., known or identified to me to be the Mayor and
City Clerk, respectively, for City of Meridian, and the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same
on behalf of the City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year~ugt~t,~j~ certificate first above written.
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PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 4 OF
EXHIBIT "A"
DESCRIPTION FOR
PEDESTRIAN PATHWAY EASEMENT
PROPOSED GLACIER SPRINGS SUBDIVISION
JULY 12, 2004
PEDESTRIAN ACCESS EASEMENTS IN FAVOR OF THE CITY OF MERIDIAN, LYING
IN PROPOSED GLACIER SPRINGS SUBDIVISION, LOCATED IN THE SE 1/4 OF
SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN,
ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AN EASEMENT FOR PUBLIC PEDESTRIAN PATHWAY, LOCATED !N THE SE 1/4 OF
SECTION 19, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SE 114 OF SECTION 19, T.
3N., R 1 E., B.M., THENCE N 00°34'26° E 1699.88 FEET ALONG THE WESTERLY
LINE OF SAID SE 1/4 TO THE BEGINNING POINT OF THIS DESCRIPTION;
THENCE CONTINUING ALONG SAID WESTERLY LINE, N 00°34'26" E 46.73 FEET
TO A POINT ON THE BOUNDARY OF KACHINA ESTATES;
THENCE ALONG THE BOUNDARY OF KACHINA ESTATES THE FOLLOWING:
THENCE S 50°26'42" E 633.91 FEET TO A POINT;
THENCE S 00°20'43" W 46.88 FEET TO A POINT;
THENCE LEAVING SAID BOUNDARY N 50°26'42" W 634.15 FEET TO THE ENDING
PO/NT OF THIS DESCRIPTION.
WAYNE K. BARBER P.L.S. N0. 8444
PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 5 OF 5
Meridian City Council
September 28, 2004
Page 2 of 59
Father, we think also especially of the future of this community. I pray that with all the
work that's gone into the application for the Croft Community Center, that you would
bless us and that you would direct that as well, that selection. God, we don't have a
Salvation Army in this community and all the good things that they do and that's just one
aspect, Father, that, from my opinion, it would be so good to have and we ask for your
blessing in that. We pray for -- with our freedoms we pray for those in foreign lands,
particularly in Iraq this very evening that are representing us and protecting us and we
pray for their support and for their protection. We think specifically of Myron Seversen
from this community that's been called to action from our police force. We pray that you
would prepare his family and be with them in what they must adjust to and all the
emotions that are related to that. Watch over them and especially Myron. We thank
you for those that do keep the peace right here in our community and serve so
effectively. Bless them and their families with safety and protection as well, in the name
of Christ, our Savior, I pray, Amen.
Item 4: Adoption of the Agenda:
De Weerd: Thank you, Pastor Moore. Item No. 4 is adoption of the agenda. Mr. Bird.
Bird: Madam Mayor, we do have some -- get my glasses, so I can read it. On our
Consent Agenda, Items A through G, are still active. H through N are omitted. I need a
resolution number for Item O. And items number W, X, Y we would like to move to 7-
W,X,Y on the regular agenda. And with that I would move that we approve the revised
agenda.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the agenda on No. 4. All those
in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of September 7, 2004 Pre-Council Meeting:
B. Approve Minutes of September 7, 2004 City Council Regular
Meeting:
C. Approve Minutes of September 14, 2004 Pre-Council Meeting:
D. Approve Minutes of September 14, 2004 City Council Regular
Meeting:
E. Findings of Fact and Conclusions of Law for Approval: RZ 04-
009 Request for a Rezone of 16.49 acres from R-4 to R-4, R-8 and
Meridian City Council
September 28, 2004
Page 3 of 59
L-O zones for Larkspur Subdivision by Larkspur, LLC - 2090,
2190 and 2240 South Meridian Road:
F. Findings of Fact and Conclusions of Law for Approval: PP 04-
023 Request for a Preliminary Plat approval for 56 building lots and
6 common lots on 18.94 acres in a proposed R-8 zone for
Larkspur Subdivision by Larkspur, LLC - 2090, 2190 and 2240
South Meridian Road:
G. Findings of Fact and Conclusions of Law for Approval: CUP
04-025 Request for a Conditional Use Permit for a mixed use
Planned Development consisting of single family residential,
assisted living and office uses with reductions to the minimum
requirements for lot size and street frontage for Larkspur
Subdivision by Larkspur, LLC - 2090, 2190 and 2240 South
Meridian Road:
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Meridian City Council
September 28, 2004
Page 4 of 59
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O. Resolution No. 04-445 Amendment to Solid Waste
Collection Rates:
P. Public Pathway Easement for Glacier Springs Subdivision by
Tuscany Development:
Q. Locust Grove Utilities Change Order #1 with Civil Survey in
Conjunction with ACHD:
R. Overland Road -Water & Sewer In Conjunction with ACRD
with Civil Survey:
S. Eagle Road - Water ~ Sewer to Conjunction with ACRD with
Civil Survey:
T. Ten Mile Road Waterline Latecomer Agreement with Lochsa
Falls, LLC:
U. Cross site Sewer Extension Latecomer Agreement with
Lochsa Falls, LLC:
V. Development Agreement: AZ 03-021 Request for reconsideration
for annexation and zoning of 114.52 acres from RUT to R-4 (PD) and
C-G zones for proposed Redfeather Estates Subdivision No. 2 by
Packard Estates Development, LLC -south of East Ustick Road and
east of North Eagle Road:
Z. Insurance Renewal with ICRMP:
De Weerd: Mr. Bird, for the Consent Agenda resolution, that number is 04-445.
Bird: Thank you, Madam Mayor. With that, Madam Mayor, I would move that we
approve the Consent Agenda with Items A through G, O through V, and remove Items
Meridian City Council
September 28, 2004
Page 5 of 59
W, X, and Y to 7-W, X, Y and also keep Item Z and for the Mayor to sign and the Clerk
to attest on all proper papers.
Rountree: Second.
De Weerd: It's been moved and seconded to approve the Consent Agenda as
amended. Any further discussion? Hearing none, Mr. Clerk, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Police Department -Chief Musser
1. Recognition of Sgt. Bill Volker for 10 years with the City
of Meridian:
De Weerd: Thank you. Item 6 under Department Reports. Chief.
Musser: Madam Mayor, Members of the Council, I asked for some time this evening to
be able to recognize Sergeant Bill Volker, who, on the 20th of September of this year,
just a few days ago, officially retired his position with the Meridian Police Department.
However, I asked for recognition in the fact that he has spent ten years with the City of
Meridian and we are now recognizing our employees for the time and service that they
have put in. I find this kind of a melancholy moment, because Bill has been with us for
quite awhile and I have really looked towards this officer in the time that we have had
him here with the department. He chose that date, though, for his retirement for a
specific reason, which I think also should be part of the record and brought to your
attention. Bill served his country, including this community, for a total of 36 years. The
date that he entered in the service and first started wearing a uniform was on
September 20th back when he first entered the United States Marine Corps as a new
recruit. He spent his time in the Marine Corps working through up to the rank of master
gunnery sergeant before he retired out and, then, started a law enforcement career over
in the Canyon County Sheriffs Department. He, then, came to the City of Meridian
where he worked with us for ten years and I really would like to have that recognition
pass forward to him for that service that he gave to this community and the time and
effort that he's done in general serving in uniform as a member of the Armed Forces
and as a law enforcement officer and that's why I requested to be able to have him here
tonight, so he could receive his recognition as a ten year employee with the City of
Meridian. Bill, if you could come up forward, please.
De Weerd: So, we, with great pride and we very much -- we very much appreciate the
employees we have that serve a great number of years with our community and it is
with mixed emotions -- I missed -- I, actually, caught his -- the tail end of his retirement