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2022-08-16 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, August 16, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener (4:40 p.m.) Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Borton, Councilman Hoaglun 1. TM Center Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 2. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 1 3. Ten Mile Creek Phase 3 Apartments Water Main Easement No. 1 4. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 5. TM Creek Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 6. TM Creek Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 7. Victory Commons Subdivision No. 2 Water Main Easement 8. Final Plat for Skybreak Subdivision No. 2 (FP-2022-0002) by DevCo, LLC, Located at 7020 S. Eagle Rd. 9. Final Plat for TM Center East No. 1 (FP-2022-0021) by Brighton Development, Inc., Located at 700 S. Wayfinder Ave. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 10. Public Works: Fiscal Year 2023 Republic Services Rate Review 11. Parks and Recreation Department: MAPS (Meridian Art in Public Spaces) Ordinance Update 12. Parks and Recreation Department: Public Art Update 13. Parks and Recreation Department: Public Art Easement Agreement 722 E. 2nd St. Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun ADJOURNMENT 4:55 p.m. Meridian City Council Work Session August 16, 2022. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, August 16, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Cassandra Schiffler, Tracy Basterrechea and Joe Bongiorno. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X_ Luke Cavener(a:ao p.m.) X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is August 16th, 2022, at 4:32 p.m. We will begin this afternoon work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Simison: I move adoption of the agenda as published. Borton: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. TM Center Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 2. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 1 Meridian City Council Work Session August 16,2022 Page 2 of 10 3. Ten Mile Creek Phase 3 Apartments Water Main Easement No. 1 4. Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 5. TM Creek Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 6. TM Creek Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 7. Victory Commons Subdivision No. 2 Water Main Easement 8. Final Plat for Skybreak Subdivision No. 2 (FP-2022-0002) by DevCo, LLC, Located at 7020 S. Eagle Rd. 9. Final Plat for TM Center East No. 1 (FP-2022-0021) by Brighton Development, Inc., Located at 700 S. Wayfinder Ave Simison: First up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? You ayes have it and the Consent Agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 10. Public Works: Fiscal Year 2023 Republic Services Rate Review Meridian City Council Work Session August 16,2022 Page 3 of 10 Simison: So, we will move into Department/Commission Reports. First item up is Item 10, which is Public Works fiscal year 2023 Republic Services rate review. I have the name Clint Dolsby, but -- well -- well, we will modify. Norris: Name is Bradyn Norris, finance manager for Republic Services. Address 11101 West Executive Drive, Boise. Simison: Thank you. Norris: Okay. So, I will try to keep this relatively brief and to the point. I know this isn't the first time you guys have done this, but just want to start off saying good afternoon, Mayor and Members of the Council. So, the -- the purpose of our presentation today is to present the proposed fiscal year 2023 rates for solid waste that have already been vetted by MUBS, Finance, and the Solid Waste Advisory Commission. So, annually, the solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1st. So, to summarize the changes, I will highlight the main drivers for the year and, then, just share the majority -- share the impact to the majority of the residential customers, which would be the 95 gallon cart holders, because those are the majority of -- of the residential homeowners. So, moving to the next slide -- there we go. Okay. So, to summarize the changes I will highlight the main drivers and, then, just -- and, then, any questions at the end feel free to ask away. So, first off is the CPI. So, this year it was a 5.44 percent, but per the contract we used --we have a ceiling of 90 percent, which gets us to that 4.898. The next item is household hazardous waste. So, overall no impact to the customer. Essentially Republic Services proposes to waive the one cent difference and bear the 6,000 dollar burden that we reconciled. So, no changes to the residents there. The third item is disposal. So, no changes there. And, then, just to call out -- there are no new additional rates or services being brought to the -- the Council this year. And, then, the fifth item is the -- the VTech and just to kind of call this out here -- so, the federal government, once again, awarded the alternative fuel tax credit for compressed natural gas as an alternative fuel source. This tax credit is shared with the Meridian -- with Meridian City, which the Mayor and Council have chosen to pass on to residents as a -- as a credit to the monthly rate. So, the credit for the -- for the contract was 52,031 dollars and this amount is reflected in the residential rate sheet as a credit of 11 cents for all residential customers. And, then, this leads to the last two items, so I think these are the two big ones, but just to summarize here from a recycling processing charge -- so, based on our contract with our partner Western Recycling, the recycling processing fee has increased seven and a half percent year over year over our contract due to several factors, such as labor increases, fuel and cost of goods sold, i.e., steel to bale and ship out the recycling goods. And just for general context here, last year we did not do an increase on the processing fee and the average increase over the life of the contract has been about four and a half percent and this year we, Republic, received a 13.1 percent and, then, just -- we did a review of all the recycling centers in the northwest and ours is the third lowest in comparison. So, we are in a good spot when comparing to other sites. And, then, just the last item here --so, this was brought up last year. So, we are --what we are requesting here is approval to make last year -- or the fiscal year 2022 at a cycle adjustment Meridian City Council Work Session August 16,2022 Page 4 of 10 permanent. This was put in place for just one year for us to reevaluate this year and this is currently in our run rate. So, we are not going to adjust anyone's rates going forward, this will just be a part of normal CPI methodology. And, then, just from an overall perspective, taking a step back for the residential impact like I mentioned, for the 95 gallon cart customers the net price increase year over year would be 94 cents. So, with that I have said a lot of words, so I will stop there. Any questions or comments? Simison: Council, any questions at this point? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: Sorry, Ralph. How about this? Can you provide some clarity with regard to the -- to making the adjustment permanent? Norris: Uh-huh. So, overall we stand by the labor adjustment that we did last year. So, we are not going to roll back our wages. We think we got this right, because we have been doing better with our turnover. We are getting the trash off the ground and just to kind of call out--so, last year when we passed this on --we had --we actually only passed on 50 percent of the actual increase to our customers and with the -- with that market adjustment we just feel like we are at a better spot now and, you know, just for general context, too, right, for CPI in general for the month of July, all items it was 9.1 and for the month of June it was 8.5. So, just given kind of where we are at with the market we feel like it-- it just makes sense for our drivers, so that way we are helping the customer --the customers for Meridian. Simison: Council, any additional questions at this time? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Just a comment. You know, I appreciated that we took a look at that temporarily, hoping that the inflation would pass. Unfortunately, not. Norris: Right. Strader: You know, it feels like this sets your base to a good place where you are keeping up with inflation under the contract. I guess I -- I more had just a question about the commercial customers in the schedule that you provided on the rate sheet, which was just in general. Are those going up in a uniform way? I was taking a look at a couple of them. It didn't look like anything was totally out of the norm, but could you just give us a general overview of the rate increases for the commercial and industrial? Meridian City Council Work Session August 16,2022 Page 5 of 10 Norris: Yeah. So, just to kind of call out the -- so, what we did was just apply that CPI methodology of that 4.898 percent and -- and we just kept it simple that way and just applied that. Strader: Thank you. That's very helpful. Hoaglun: I see no additional questions at this time, so -- but you -- you can continue with your presentation or wrap up, whichever you like. Norris: Yep. I will wrap up. So, just want to say we appreciate your guys' partnership and we -- we really enjoy working with you. Your staff and city is -- makes the job fun. So, appreciate your time and thank you. Simison: Thank you. Thank you for Republic Services team for being here and our Public Works team who is partners with Republic Services team as well. 11. Parks and Recreation Department: MAPS (Meridian Art in Public Spaces) Ordinance Update Simison: All right. So, with that we will move on to Item 11, which is our Parks and Recreation Department MAPS, Meridian Art in Pub Spaces ordinance update and turn this over to Cassandra, who is more than ready to present to Council today. Schiffler: Thank you, Mr. Mayor and City Councilmen and Women. So, the -- I am co- presenting this with -- this is the vice-chair of the Meridian Arts Commissioner Jessica Peters and she was the chair of the Public Art Subcommittee for quite a while and has been heavily invested in the Arts in Meridian. Peters: Mr. Mayor, City Council Members, thank you so much for -- for having us today. So, as you may know our Meridian Art In Public Spaces Ordinance was adopted by the Meridian City Council in April of 2015 and this ordinance established the Meridian Art In Public Spaces Program through which City Council provides funding in the amount of 50 cents per Meridian resident not to exceed 50,000 dollars per year and this is to establish art in public spaces throughout the City of Meridian and since 2015, since the ordinance was passed, we have installed 85 pieces throughout the city and we currently have another 15 projects in the works. So, we have made a lot of progress over the past number of years. So, in 2015 the population of Meridian was about 91 ,300 people and in 2022 the population was estimated at 133,400, which is about a 46 percent increase. don't have to tell you, you know we have had a lot of growth in the city over the past seven years and as the population has grown we have also seen an increased interest in public art, not just in Meridian, but throughout the Treasure Valley really and at this point the Meridian Arts Commission feels that more funding is necessary to support public arts budget, which will attract a wider interest in artists and in -- in the project ideas that -- that we receive. So, Meridian Arts Commission is proposing to amend the MAPS Ordinance to remove the 50,000 cap on funding and this will allow funding levels to be commensurate with the population levels in Meridian and also to grow as the city Meridian City Council Work Session August 16,2022 Page 6 of 10 continues to grow. So, thank you so much for your time and I'm happy to answer any questions that you have. Simison: Thank you, Jessica. Council, any questions? Or comments. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: You know I'm going to comment on this one. I'm so proud of you both in this growing arts community in Meridian. I think this is the right time to follow through with what you are recommending. Thought of another way -- it's almost as if there is a -- you could think of it as a level of service. Our community has grown so much in population and geographically that -- that in order to provide these opportunities for the arts to our community it's spread out amongst more folks and amongst -- amongst -- amongst bigger cities. So, by removing this cap it -- it in some ways allows us perhaps merely to maintain some level of opportunities that we have been doing, just dispersed amongst the bigger community. So, we have received great feedback from the business community and from our citizens that appreciate having this as a component of our city. I have heard a lot of good feedback and our Arts Commission does phenomenal work with very limited resources. So, this is -- it's a relatively small financial figure, but I think it's a -- a strong commitment and message to the arts community that it's an important part of who Meridian is. So, I appreciate the Commission bringing this forward. I'm fully in support. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Councilman Borton used a word that I think aptly sums it up and that's to maintain. We are growing rapidly. We are expanding. We have got more parks coming out and expanding parks, doing different things. So, this really is a maintenance budget for -- for the Arts Commission. So, I think it's needed and certainly supported. Strader: Mr. Mayor? Simison: Councilman Strader. Strader: Thank you. Yeah. I'm supportive of this as well. I think it's an important part of our development as a city as well and supporting our economic development. It's a modest amount. I appreciate maintaining that, but having it reflect the changing city and how much bigger we are. So, I think it makes sense. Thanks. Simison: Thank you. Council, any further questions or comments? All right. Thank you very much for that item. Meridian City Council Work Session August 16,2022 Page 7 of 10 12. Parks and Recreation Department: Public Art Update Simison: And with that we will move on to Item 12, which is the Parks and Recreation Department Public Art update. Schiffler: Thank you, Mr. Mayor and Council Members. I had actually meant to give this up before the MAPS ordinance, but I just wanted to give you an update on many of the projects that we have been working on recently and are underway. So, many of you probably know about the traffic box series. It's probably one of the most popular programs. These are a few that were installed last year and we have ten wraps ready for installation this year. Here are the ones that were selected for -- from the repository. Five pieces. And here are the pieces from the West Ada School District youth, three of which are sponsored by MDC. They would be happy to sponsor more, but they have to be within their urban renewal area, so there were only three -- three that remain unwrapped or need to be updated. We also have murals underway. This is one -- hopefully you have seen this one as you drive by Meridian Cycle. It's a great piece that was installed last year. This is the one -- and this is an agenda item, because the -- or an easement with the library that, hopefully, you will approve. This is for the Unbound Library. It was great working with the library on this. As you can see there is kind of a -- a gal on the right working on an iPad and a robot on the left reading a book and you can kind of see the flipping motion through it. So, it's a great way to sort of think about that sort of library and the technology aspect. And this is planned for installation, assuming approval during Art Week, which is next month, September 7th through 9th. This one is for -- is planned for the Meridian pool. So, working with the West Ada Recreation District to put this on the east facing wall of the pool, which is a highly visible area across from Storey Park. Another mural project, which I have been really excited about, the skate park at Tully Skate Park, that had a mural project that was instigated by an arts commissioner and a school. It was an alternative school, a youth project, but as you can see it's a little bit older and maybe needs an update. So, this project is partnering a professional artist, Miguel Almeida, who happens to also have skated at Tully Skate Park in his youth, with a youth apprentice. So, we had a call to artists and had a youth apprentice apply and they have submitted --they submitted three designs and the design review panel selected one of those designs to work with and these are the ones ready for installation. The -- the one on the right is by Miguel, the professional artist, and, then, the one on the left is the youth apprentice Macy Ratzesberger and she's a senior student at the Idaho Fine Arts Academy and does amazing work for a high school student. We have some sculptural projects underway at the Five Mile Creek Pathway Trail hub and this is the -- the site that -- the city's first gateway to the Five Mile Pathway and one of the priority pedestrian routes. We put out a call to artists for an RFP with an increased budget to 50,000 and this was a national call to artists and we had 32 people apply, which is the most Meridian has ever seen. We had national and international artists apply to that and four artists are currently under contract to develop proposals for this. So, the next couple slides I'm just going to show you some of the work by those artists. So, these are not being proposed for this site, this is just their previous work, so you have to use your imagination to think what they might propose. Andrew Kovacs from California does these very colorful installations. Has done a lot of pieces in deserts. So, you can see the Meridian City Council Work Session August 16,2022 Page 8 of 10 cactuses and very colorful. Miguel McLaughlin. His -- these are bronze pieces and I was surprised by some of his price points, because I don't know if you know, but bronze has increased exponentially in price. I used to be an art appraiser before this position and it's -- so, he -- he will have something proposed and hopefully it's on the scale that these ones are. Eileen Gay is from Nevada. These are -- you might not be able to tell from the images, but these are mosaics. Also really impressive work. And Steve Parker from Texas. These are -- have some musical instruments. That middle piece is actually up in Ketchum, if you have ever been in Ketchum and recognize that one. So, these artists will all be sending in proposals in September and the design review panel will select a piece. So, we will have something really interesting at the trail hub. So, what's next? The Public Art Committee has identified Discovery Park phase two as the next site of a big public art project and this has kind of been in the plans for a while with a bigger budget of 150,000. This call will ask artists to create sort of an interactive or educationally focused project following the theme of discovery for Discovery Park and the artist will be asked to create either a larger, more site integrated work, or two to three standalone pieces that relate to each other. Thank you. Thank you so much for allowing me to let you know about our really great projects in Meridian and stand for any questions. Simison: Thank you, Cassandra. Council, any questions? Good job? Thumbs up for -- in this case you can see the screen from a few. So, appreciate it. Schiffler: Thank you. 13. Parks and Recreation Department: Public Art Easement Agreement 722 E. 2nd St. Simison: All right. And one more. Item 14, Parks and Recreation Department public art easement agreement for 722 East 2nd Street. Schiffler: Mr. Mayor and City Council, as you saw in the last presentation, the plans are underway for the Unbound Library and hope that you approve the easement. Simison: Council, any questions or comments? All right. Thank you very much for all the information you provided and all the work that you all are doing for the community and how you define our streets with -- with your time and energy. Thank you. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, do you want the -- the MAPS ordinance on next week for your agenda approval? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Meridian City Council Work Session August 16,2022 Page 9 of 10 Hoaglun: Yeah. I think that would be appropriate -- Nary: Okay. Hoaglun: -- to do that. Nary: We will put it on. The easement agreement you can approve tonight. Simison: Okay. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Question for Mr. Nary. We just need to make a motion on the Public Art Easement Agreement and we can move that forward. So, I would move that we agree to the Parks and Recreation Department's Public Art Easement Agreement at 722 East 2nd Street for the public art that will be displayed there. Strader: Second. Simison: I have a motion and two seconds to agree to the Public Art Easement Agreement. Is there discussion? Mr. Nary, do we need a roll call? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agreement is agreed to. So, thank you very much and congratulations. MOTION CARRIED: ALLAYES. Hoaglun: And Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: For the record, Councilman Cavener had joined us during that conversation, so -- Simison- Nice catch. I saw his face, but I didn't remember to make the notation, so -- with that we have reached the end of our agenda for the work session. Do I have a motion? Hoaglun: Mayor, I move we adjourn. Simison: Motion to adjourn. All those in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. Meridian City Council Work Session August 16,2022 Page 10 of 10 MEETING ADJOURNED AT 4:55 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 9 / 6 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Center Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-072452 BOISE IDAHO Pgs=14 BONNIE OBERBILLIG 08/17/2022 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0214 TM Center Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thislh day of August 2022 between DWT Investments LLC, SCS Investments LLC and BVB Ten Mile Crossing Annex, LLC, ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTORS: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Manager By: Robert L. P ips, President STATE OF IDAHO } :ss. County of Ada ) On this day of August, 2022, before me, the Notary Public in and for said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of DWT Investments LLC, an Idaho limited liability company, who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that he executed the within instrument on behalf of said corporation, and that such corporation executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Ida My Commission expires_ FSHARIVAUGHAN Notary Public-State of Idaho mission Number 20181002 mission Expires Jun 1, 2024 SCS INVESTMENTS LLC an Idaho limited liability company Ajwx,4j/ 6 : Michael A. Hall, President STATE OF IDAHO ) ss. County of Ada ) sv On this day of��t, in the year of 2022, before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idah SHARI VAUGHAN Notary Public-State of Idaho My Commission expires L- (-';zc)2— � Commission Number 20181002 My Commission Expires Jun 1, 2024 BVB TEN MILE CROSSING ANNEX, LLC an Idaho limited liability company By: BV Management Services,Inc., Manager B Eric M. Isom, Chief Operations Officer STATE OF IDAHO :ss. County of Bonneville ) On this — day of August, 2022, before me, a Notary in and for said State, personally appeared Eric M. Isom, known or identified to me, to be the Chief Operations Officer of BV Management Services Inc., an Idaho corporation, which corporation is the Manager of BVB Ten Mile Crossing Annex, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. JEDD K JONES COMMISSION NO.20181559 _ IJAY NOTARY PUBLIC STATE OF IDAHO COMMISSION EXPIRES W4/24 Notary Public for daho My Commission expires:^� GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 8-16-2022 Attest by Chris Johnson, City Clerk 8-16-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement REV.01/01/2020 E N G I N E E R I N G July 25,2022 Project No.:21-172 TM Center Subdivision No. 1 City of Meridian Sewerand Water Easement Legal Description Exhibit A A parcel of land being a portion of the West 1/2 of the Northwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 14, which bears N00°33'33"E a distance of 2,658.39 feet from an aluminum cap marking the West 1/4 corner of said Section 14, thence following the westerly line of the Northwest 1/4 of said Section 14, S00°33'33"W a distance of 1,225.61 feet; Thence leaving said westerly line, S89°26'27"E a distance of 348.53 feet to the southerly line of Lot 1, Block 1 of TM Creek Subdivision No. 1 (Book 110 of Plats at Page 15663, records of Ada County, Idaho) and being the POINT OF BEGINNING. Thence following said southerly line, S86°40'15"E a distance of 25.18 feet to the southerly right-of-way line of West Cobalt Drive; Thence leaving said southerly line and following said southerly right-of-way line,S86°40'15"E a distance of 25.18 feet; Thence leaving said southerly right-of-way line, S10°13'14"W a distance of 41.32 feet; Thence 46.37 feet along the arc of a curve to the left, said curve having a radius of 275.00 feet, a delta angle of 09°39'41", a chord bearing of S05°23'23"W and a chord distance of46.32feet; Thence S00°33'33"W a distance of 208.47 feet; Thence S89°26'27"E a distance of 3.50 feet; Thence S00°33'33"W a distance of 20.00 feet; Thence N89°26'27"W a distance of 3.50 feet; Thence S00°33'33"W a distance of 9.26 feet; Thence S89°26'27"E a distance of 28.50 feet; Thence S00°33'33"W a distance of 32.00 feet; Thence N89°26'27"W a distance of 28.50 feet; Thence S00°33'33"W a distance of 250.01 feet; Thence S89°26'27"E a distance of 28.50 feet; Thence S00°33'33"W a distance of 20.00 feet; Thence N89°26'27"W a distance of 28.50 feet; Thence S00°33'33"W a distance of 51.83 feet; Thence S89°26'27"E a distance of 28.50 feet; Thence S00°33'33"W a distance of 20.00 feet; Thence N89°26'27"W a distance of 28.50 feet; Thence S00°33'33"W a distance of 11.86 feet; Thence S89°26'27"E a distance of 3.50 feet,- Thence S00°33'33"W a distance of 20.00 feet; Thence N89°26'27"W a distance of 3.50 feet; Thence S00°33'33"W a distance of 69,11 feet; 5725 North Discovery Way • Boise, Idaho 93713 • 208.639.6939 • kmengllp.com i Thence S89°2627"E a distance of 28.50 feet; Thence S00°33'33"W a distance of 12.00 feet; Thence S89°26'27"E a distance of 189.00 feet; Thence N00°33'33"E a distance of 25.00 feet; Thence S89°26'27"E a distance of 20.00 feet; Thence S00°33'33"W a distance of 25.00 feet; Thence S89°26'27"E a distance of 176.06 feet; Thence N00°33'33"E a distance of 25.00 feet; Thence S89 26 27 E a distance of 20.00 feet; Thence S00°33'33"W a distance of 26.22 feet; Thence S82°01'57"E a distance of 103.16 feet; Thence S07°58'03"W a distance of 20.00 feet; Thence N82°01'57"W a distance of 111.30 feet; Thence N89°26'27"W a distance of 185.41 feet; Thence S00°33'33"W a distance of 25.00 feet; Thence N89°26'27"W a distance of 20.00 feet; Thence N00°33'33"E a distance of 25.00 feet; Thence N89°26'27"W a distance of 169.00 feet; Thence S00°33'33"W a distance of 25.00 feet; Thence N89°26'27"W a distance of 20.00 feet; Thence N00°33'33"E a distance of 25.00 feet; Thence N89°26'27"W a distance of 28.72 feet; Thence 80.54 feet along the arc of a curve to the right,said curve having a radius of 225.00 feet, a delta angle of 20°30'33", a chord bearing of S13°21'40"W and a chord distance of 80.11 feet; Thence 523°36'56"W a distance of 72.03 feet; Thence 33.21 feet along the arc of a curve to the left,said curve having a radius of 175.00 feet, a delta angle of 10°52'21",a chord bearing of S18°10'46"W and a chord distance of 33.16 feet; Thence S12°44'36"W a distance of 14.99 feet to the northerly right-of-way line of South Vanguard Way; Thence following said northerly right-of-way line,50.00 feet along the arc of a curve to the left,said curve having a radius of 1,057.03 feet, a delta angle of 02°42'38",a chord bearing of N77°15'19"W and a chord distance of 50.00 feet; Thence leaving said northerly right-of-way line, N12°44'36"E a distance of 14.99 feet; Thence 42.70 feet along the arc of a curve to the right, said curve having a radius of 225.00 feet,a delta j angle of 10°52'21",a chord bearing of N18°10'46"E and a chord distance of 42.63 feet; Thence N23°36'56"E a distance of 72.03 feet; Thence 47.09 feet along the arc of a curve to the left,said curve having a radius of 175.00 feet, a delta ; angle of 15°25'02", a chord bearing of N15°54'25"E and a chord distance of 46.95 feet; Thence N80°11'17"W a distance of 18.67 feet; Thence N09°48'43"E a distance of 9.19 feet; Thence N00°33'33"E a distance of 21.19 feet; A Thence S89°26'27"E a distance of 18.50 feet; Thence N00°33'33"E a distance of 112.97 feet; Thence N89°26'27"W a distance of 18.50 feet; Thence N00°3333"E a distance of 32.00 feet; Thence S89°26'27"E a distance of 18.50 feet; Thence N00°33'33"E a distance of 92.36 feet; Thence N89°26'27"W a distance of 18.50 feet; City of Meridian Sewer and Water Easement TM Center Subdivision No.1 PAGE 2 j I I I� I I 1 i Thence N00°33'33"E a distance of 32.00 feet; Thence 589°2627"E a distance of 18.50 feet; j Thence N00°33'33"E a distance of 287.56 feet; Thence N89°2627"W a distance of 18.50 feet; Thence N00°33'33"E a distance of 20.00 feet; Thence S89°26'27"E a distance of 18.50 feet; i Thence N00°3333"E a distance of 132.66 feet; I Thence N89°26'27"W a distance of 18.50 feet; Thence N00°33'33"E a distance of 20.00 feet; Thence S89°26'27"E a distance of 18.54 feet; I Thence 49.80 feet along the arc of a curve to the right, said curve having a radius of 325.00 feet, a delta angle of 08°4648",a chord bearing of NOS°49'50"E and a chord distance of 49.75 feet; Thence N10°13'14"E a distance of 35.28 feet to the POINT OF BEGINNING. I. Said parcel contains a total of 1.589 acres(69,198 square feet), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. I 4sy L .G t 1245900 2 { I i i i I I I OF i City of Meridian Sewer and Water Easement TM Center Subdivision No.1 PAGE 13 POINT OF COMMENCEMENT NORTHWEST CORNER SECTION 14 FOUND BRASS CAP cD `n POINT OF BEGINNING N S89'26'27"E cobalt fir, ¢-- — — — --- L2 o, �I 348.53——'—(TIE—) to z COFr 0 I TM Creek W N Subdivision No. 1 I.I 0-n �N 1/16 CORNER L62 r SECTIONS 14 & 15 � F FOUND ALUMINUM CAP ca m C) I J� Z I L60 I r I CO u i � a, MI I Unplatted of DWT Investments LLC & L59TZ I M BVB Ten Mile Crossing Annex, LLC CU in Proposed o APN: S1214233674 J N TM Center �� L4 10 Subdivision No. 1 L57 i L� o L6 L5 o ^i �L8 00 n N I x J i WI r H�I T710 _ �I I 3 z i I SDO'33'33"W m I I�—250.01' z o WEST 1/4 CORNER + MATCH LINE - SEE SHEET 2 SECTION 14 FOUND ALUMINUM CAP r z CW C W Q K 3 N K Q N 3 0 80 160 240 0 E N G I N E E R I N G Plan Scale: 1" =80' T 5725 NORTH DISCOVERY WAY W BOISE,IDAHO83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water/Sewer Easement kmengllp.com TM Center Subdivision No. 1 DATE: July t Z022 SPROJECT: 1-172172 SHEET: A Portion of the West 1/2 of the Northwest 1/4 of Section 14, 1 OF 3 T3N., R1W., B.M., City of Meridian, Ada County, Idaho MATCH LINE - SEE SHEET 1 N00'33'33"E 1 o 287.56'_I !o 1 I� N Lss— N ¢ �r 0 80 160 240 �I to In Plan Scale: 1" =80' L54� Proposed �I J TM Center JI (?-L 13-6 Unplatted Subdivision No. 1 1 1�_ DWT Investments LLC & ¢4 I L15 L14 BVB Ten Mile Crossing Annex, LLC J L 1 �J -- �' b—Z6- APN: S1214233674 �� � L50Jf 1 0 L18 L19 J r ! L21 a JI IN ! �J L26 L48� L23 L 2 4 589'26'27"E 189.00' — � O—— S89'26'27"E 176.060 L47—,,Q' o 6 L40 L4 . --_— IU1no- _____ — '2 '2 "W85.41m 22 ' L5� .9 Q x 4 L38 �/V I N / IJ O ! v/ / w I L29 �� Z I r lo S89'26'27"E 176.06' II ` UI---------� O—��L31 HI--------- _ L43 /v <I N89'26'27"W 185.41' —-O- L33 z I W C4 ��L42 ! a W K Q S. Vanguard 3 wa y 0 N N E N G I N E E R I N G m 5725 NORTH DISCOVERY WAY W BOISE,IDAH063713 PHONE(208)639-6939 Exhibit B - City of Meridian Water/Sewer Easement kmengllp.com TM Center Subdivision No. 1 1 DATE: July 2022 a 1 PROJECT: 21-172 SHEET: A Portion of the West 1/2 of the Northwest 1/4 of Section 14, al 2 OF 3 T3N., R1W., B.M., City of Meridian, Ada County, Idaho LINE TABLE LINE TABLE LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S86'40'151 25.18 L22 SOO'33'33"W 69.11 L43 N12'44'36"E 14.99 1-2 S86'40'15"E 25.18 1-23 S89'26'27"E 28.50 L44 N23-36'56"E 72.03 1-3 S10"13'14"W 41.32 L24 S00'33'33"W 12.00 L45 N80-11'17"W 18.67 L4 S89-26'27"E 3.50 L25 N00'33'33"E 25.00 L46 N09'48'43"E 9.19 1-5 I S00'33'33"W 20.00 L26 S89'26'27"E 20.00 L47 N00'33'33"E 21.19 L6 f N89'26'27"W 3.50 L27 SOO'33'33"W 25.00 L48 S89'26'27"E 18.50 1-7 S00'33'33"W 9.26 L28 NOO'33'33"E 25.00 L49 NOO'33'33"E 112.97 L8 S89'26'27"E 28.50 L29 S89'26'27"E 20.00 L50 N89'26'27"W 18.50 1-9 S00'33'33"W 32.00 L30 S00'33'33"W 26.22 L51 N00'33'33"E 32.00 L10 N89'26'27"W 28.50 L31 S82'01'57"E 1 103.16 L52 S89'26'27"E 18.50 L11 S89'26'27"E F28.50 L32 S07'58'03"W 20.00 L53 NO0'33'33"E 92.36 L12 S00'33'33"W 1 20.00 L33 N82'01'57"W 111.30 L54 N89'26'27"W 18.50 fL13 I N89'26'27"W F 28.50 L34 SOO'33'33"W 25.00 L55 NOO'33'33"E 32.00 L14 S00'33'33"W 51.83 L35 a N89'26'27"W 20.00 L56 S89-26'27"E 18.50 0 L15 S89'26'27"E 28.50 L36 N00'33'33"E 25.00 L57 N89'26'27"W 18.50 L16 S00'33'33"W 20.00 L37 S00'33'33"W 25.00 L58 N00'33'33"E 20.00 0 L17 N89'26'27"W 28.50 L38 N89'26'27"W 20.00 L59 S89'26'27"E 18.50 0 o L18 SOO-33.33"W 11.86 L39 N00'33'33"E 25.00 L60 N89'26'27"W 18.50 o L19 S89'26'27"E 3.50 L40 N89'26'27"W 28.72 L61 NOO'33'33"E 20.00 L20 SOO'33'33"W 20.00 L41 S23'36'56"W 72-03 L62 S89'26'27"E 18.54 L21 N89'26'27"W 3.50 L42 S12-44'36"W 14.99 L63 N10-13'14"E 35.28 z a a CURVE TABLE ~ CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 3 Cl 275.00' 46.37' 9'39'41" S05'23'23"W 46.32' ~ C2 225.00' 80.54' 20'30'33" S13'21'40"W 80.11' C3 175.00' 33.21 10'52'21" S18'10'46"W 33.16' C4 1057.03' 50.00' 2'42'38" N77'15'19"W 50.00' N C5 225.00' 42.70' 10"52'21" N18'10'45"E 42.63' FlCM 3 C6 175.00' 47.09' 15'25'02" N15'54'25"E 46.95' a C7 325.00' 49.80' 8'46'48" 1 N0549'50"E 1 49.75' E N G I N E E R I N G 5725 NORTH DISCOVERY WAY x BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water/Sewer Easement kmengllp.com TM Center Subdivision No. 1 DATE: July 2022 c PROJECT: 21-172 fSHEET: A Portion of the West 1/2 of the Northwest 1/4 of Section 14, 3 OF 3 I T3N., R1W., B.M., City of Meridian, Ada County, Idaho N o M 7 r�1 ^ O C u N I b P 'O i d � � NI h M ri M enF4 N O O C 3 M c'+ O m o i o r4 O N O �6 I € I I V n � � M eV c O_ Z g1p8g9.00q ?A 176.06 W 103.16 47 s0809g6N4ITeW y 169.00 185.41 111.30 ti a �Np ^ti so h Title: , Date: 07-21-2022 Scale: 1 inch= 150 feet File:Deed Plotter.des I i i i i Data and Deed Call Listing of File: Deed Plotter.des Tract 1: 1.589 Acres: 69198 Sq Feet:Closure=s20.O72le 0.01 Feet: Precision=1/332044: Perimeter=3798 Feet 001=s86.4015e 25.18 058=109.4843e 9.19 002=s86.4015e 25.18 059--n00.3333e 21.19 003=s10.1314w 41.32 060=s89.2627e 18.50 B s05.2 23w,Chd=4�6.3023�1 061=100.3333e 112.97 005=s00.3333w 208.47 062=n89.2627w 18.50 006=s89.2627e 3.50 063=100.3333e 32.00 007=s00.3333w 20.00 064=s89.2627e 18.50 I 008=n89.2627w 3.50 065=n00.3333e 92.36 009=s00.3333w 9.26 066=n89.2627w 18.50 010=s89.2627e 28.50 067=100.3333e 32.00 011=s00.3333w 32.00 068=s89.2627e 18.50 0 1 2=n89.2627w 28.50 069=n00.3333e 287.56 013=s00.3333w 250.01 070=n89.2627w 18.50 014=s89.2627e 28.50 071=100.3333e 20.00 015=00.3333w 20.00 072=s89.2627e 18.50 0 1 6=n89.2627w 28.50 073=100.3333e 132.66 017=s00.3333w 51.83 074=n89.2627w 18.50 0 1 8=s89.2627e 28.50 075=n00.3333e 20.00 019=s00.3333w 20.00 076=s89.2627e 18.54 020=n89.2627w 28.50 077:Rt R-325.00,Delta=08.4648 Bng=05.4950e,Chd=49.75 021=s00.3333w 11.86 078=00.1314e 35.28 022=s89.2627e 3.50 023=s00.3333w 20.00 i 024=n89.2627w 3.50 025=s00.3333w 69.11 026=s89.2627e 28.50 027=s00.3333w 12.00 028=s89.2627e 189.00 029=n00.3333e 25.00 030=s89.2627e 20.00 031=s00.3333w 25.00 032=s89.2627e 176.06 033=n00.3333e 25.00 034=s89.2627e 20.00 035=s00.3333w 26.22 036=s82.0157e 103.16 037=s07.5803w 20.00 038=n82.0157w 111.30 039=n89.2627w 185.41 040=s00.3333w 25.00 041=n89.2627w 20.00 042=n00.3333e 25.00 043=n89.2627w 169.00 044=s00.3333w 25.00 045=n89.2627w 20.00 046=100.3333e 25.00 047=n89.2627w 28.72 048:Rt,R=225.00 Delta=203033 Bng=s13.2140w,Chd=80.I I 049=s23.3656w 72.03 0"Lt R�175.00 Delta=10.5221 B.g'l .1046w,Chd=33.16 051=s12.4436w 14.99 052:LA,R-1057.03 Delta=02.4738 Bng n77.1519w,a"-O.00 053=02.4436e 14.99 054:Rt R=225.00 Del 10.5121 Bng--n18.1046e, 055=n23.3656e 72.03 056:L�R=175.00,Delta=IS1S02 Bn�I5.5425e,Chd=46.95 057=n80.1117w 18.67 i I V IDIAN� AGENDA ITEM ITEM TOPIC: Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-072454 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 08/17/2022 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0212Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this16thday of August 20 22 between _SCS Brighton Altair LLC ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXTS; SIGNATURE TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS BRIGHTON ALTAIR LLC By: Brighton Corporation, an Idaho corporation 0 By: Robert Ll! Phillips, President STATE OF IDAHO ] :SS. County of Ada On this'J r:l day of August, 2022, before me a Notary Pubic os said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton Altair LLC,the Company that executed the instrument or the person sho executed the instrument on behalf of said Company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. (st -- 4L SHARI VAUGHAN Notary Signature Notary Public-State of Idaho Commission Number 20181002 My Commission Expires: 4 My Commission Expires Jun 1, 202 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-16-2022 Attest by Chris Johnson,City Clerk 8-16-2022 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A Description for City of Meridian Utility Easement Ten Mile Creek Apartments Subdivision A portion of the NE1/4 of the NW1/4 of Section 14, T.3N., RAW., Boise Meridian, City of Meridian, Ada County, State of Idaho, being more particularly described as follows: Commencing the W1/16 corner of said Section 14 from which the N1/4 corner of said Section 14 bears South 89009'27" East 1329.00 feet; thence South 33012'40" East,447.76 feet to a point on the East boundary line of Lot 3, Block 3 of Ten Mile Creek Subdivision No.4 as filed in Book 117 of Plats at Pages 17944-17947, records of Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence South 89026'24" East, 94.36 feet; thence North 00033'36" East, 76.41 feet; thence South 89005'07" East, 20.00 feet; thence South 00033'36"West, 76.29 feet; thence South 89026'24" East, 133.53 feet; thence North 00033'39"East, 7.00 feet; thence South 89026'24" East, 7.00 feet; thence South 00033'36"West, 7.00 feet; thence South 89026'24" East, 211.18 feet; thence North 00030'55"East, 76.30 feet; thence South 89005'07" East, 20.00 feet; thence South 00031'41"West, 106.18 feet; thence North 89026'24"West, 74.94 feet; thence South 00033'41"West, 236.60 feet; thence South 89026'19" East, 12.00 feet; thence South 00033'41"West, 13.00 feet; thence North 8902619"West, 32.00 feet; thence North 00033'41" East, 237.60 feet; Page 1 of 2 thence North 89026'24"West, 12.00 feet; thence North 00033'41" East, 12.00 feet; thence North 89026'24"West, 40.85 feet; thence South 00000'00" East, 32.17 feet; thence South 90000'00"West, 12.46 feet; thence North 00000'00" East, 32.30 feet; thence North 89026'24"West, 43.70 feet; thence South 00000'00" East, 5.00 feet; thence North 89026'24"West, 12.00 feet; thence North 00000'00" East, 5.00 feet; thence North 89026'24"West, 270.12 feet to a point on said East boundary line of Lot 3, Block 3 of said Ten Mile Creek Subdivision No.4; thence along said East boundary line North 00034'31" East, 30.00 feet to the REAL POINT OF BEGINNING. 7729 �a�1 Z�"o G. Page 2 of 2 O 0O CrD W 4 0 V -N (A N N O z U1 W 0 z cn N m z w O ao 0 m o w 0 m 0 m r O tD 0 w O 0 O (D 0 0 W n GW N W Iv 41 Iv W O CA N � (D o O a� " a) (.,I c W al (,a c p m U1 N C,i N W N W O (fl N 7 rm r*i * m r*i m ::9 m m m II � O OJi v V W OJi O OJi 7 Ul C!l p o w to S. Ten Mile Rd. cn o N O N O N r O tD Cb �I 0 0 (D 0 0 M z0 M 0 0�0 0 M 0 ONO r O c0 O c0 0 c0 O cD 0 wFF W -• W O W a) W a) U O�a� u (D N 7 ^ _ uT, C Q 3 m : m m : m N O D N J N r vi o N N v N (.i N -N 00) O o co m Cn C Q O O O O O cD O y m a -p M a o_ 0 0 0 0 0 00 0 -N oo 0 S e $ C) - 1 � Co O O .•••N. ( � ( o NmN o I�nr 0 o CD o rn 7(N-11, N _ m 30 rnr r vW Co moI I N CD z z z z w z z z M z 0 , I a(o O O N O tD p O O cD W r m (n cn Cfl IV O Iv O IV D O O IV a CD I I J :38o� 0 0 m 0 m O O O c � I La o N O N O N O O O N 7 r I (D rA WO V N W N N ('' 12-1 L2 r jN O \ 7iF-O O 0 ( � �o o C c°Dn til L4 �� YI Q I wN N \ o I r : A a mcn CD rt 0 ' s PRO,c c c cn cn 41 N N j N l 07 41 Cp r+ yay R v CoL CD R • - _ r ° o 3 ) -n ry z r- m Go M Co rq. o 4,9r Cfl O� 4' N I Oro c z D F� 80ti���� N ° G o 3t0 �w L22 r or CND 7 0 CL3 I N�l 3 m - - - - - L18CD L14 �NJ L16 j I � rn wI L10 L12 S 0 u� v 0 0 (A z Unplatted N 0 z A 0 A � w IDIAN� AGENDA ITEM ITEM TOPIC: Ten Mile Creek Phase 3 Apartments Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-072455 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/17/2022 09:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0209 Ten Mile Creek Phase 3 Apartments Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 16th day of Auigust , 20 22 between SCS Brighton Altair LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed 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 GRANTOR covenants and agrees 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 Water Main Easement Version 01/01/2020 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS BRIGHTON ALTAIR LLC By: Brighton Corporation,an Idaho corportaion 0� Robert L. Phillips, President STATE OF IDAHO ) :ss County of Ada ) z+ On this I ' day of August, 2022, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the Manager of SCS Brighton Altair LLC, the Company that executed the instrument or the person who executed the instrument on behalf of said Company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. - LLA—L AZA_4_� (stamp) Notary Signature My Commission Expires: -�- SHAM VAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Water Main Easement Version 0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 8-16-2022 Attest by Chris Johnson, City Clerk 8-16-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 EXHIBIT A Description for City of Meridian Utility Easement Ten Mile Creek Apartments Subdivision A portion of the NE1/4 of the NW1/4 of Section 14, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, State of Idaho, being more particularly described as follows: Commencing the W1/16 corner of said Section 14 from which the N1/4 corner of said Section 14 bears South 89009'27" East 1329.00 feet;thence South 60000'04" East, 818.33 feet to the REAL POINT OF BEGINNING; thence South 89026'24" East, 20.00 feet; thence South 00033'41" West, 38.60 feet; thence South 44026'18" East, 47.05 feet; thence South 89026'19" East, 33.08 feet; thence South 00033'41" West, 20.00 feet; thence North 89026'19"West, 41.37 feet; thence North 44026'18" West, 63.61 feet; thence North 00033'41" East, 46.89 feet to the REAL POINT OF BEGINNING. \ONp-LAND S �5 E N sZc G,Q a 20901 X 7 i2 ,,20 OF VD '//A DOG Page 1 of 1 CD 0 PR o SS Ln � aye /02 0 o m 0 O Z � � c 9y o� o0 0 oN �q7 Ho r� w i �A 0 I R � ' �A I +� rn Off = 103 c � 0 :v E. N CO m cog ��:o v 0 r 0 m El i0 r7. D wGJ �ON �Dm 3 o'm - N00'33'41"E CD �r o N OJ ��✓tip 38.60 0 co 0 C 0 NNi ic W Ln P ���z rrl C7 o I • _ C 1..h Iz , f O j M �1N\ I00 P X WI°� Wlco \ 41C, P z � r+ \�I'; I co - 0 3 mI > C M o z rr Do 00 D� 0 0 CA 3 GI 0 0 0 3� W CD a c fD 3 0 3 �* 0 m N a 3 T � � 0 -4£ Ln m �� m o' o o W Z N Z O N N O V IDIAN� AGENDA ITEM ITEM TOPIC: Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 ADA COUNTY RECORDER Phil McGrane 2022-072456 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/17/2022 09:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0213 Ten Mile Creek Phase 3 Apartments Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this16thday of August 2022 between SCS Brighton Altair LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXTS; SIGNATURE TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTOR: SCS BRIGHTON ALTAIR LLC By: Brighton Corporation,an Idaho corporation By:_ e'll Robert L. Philli , President STATE OF IDAHO ] :SS. County of Ada On this 3r day of August,2022,before me a Notary Pubic os said State,personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton Altair LLC,the Company that executed the instrument or the person sho executed the instrument on behalf of said Company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. a � - � - - �—L (5 mp) SHARI VAUGHAN Notary Public-State of Idaho Notary Signature Commission Number 20181002 _ 1,aoa My Commission Expires Jun 1, 2024 My Commission Expires: GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 8-16-2022 Attest by Chris Johnson, City Clerk 8-16-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires- Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A Description for City of Meridian Utility Easement Ten Mile Creek Apartments Subdivision A portion of the NE1/4 of the NW1/4 of Section 14, T.3N., R.1W., Boise Meridian, City of Meridian, Ada County, State of Idaho, being more particularly described as follows: Commencing the W1/16 corner of said Section 14 from which the N1/4 corner of said Section 14 bears South 89°09'27" East 1329.00 feet; thence South 33012'40" East, 447.76 feet to a point on the East boundary line of Lot 3, Block 3 of Ten Mile Creek Subdivision No.4 as filed in Book 117 of Plats at Pages 17944-17947, records of Ada County, Idaho, said point also being the REAL POINT OF BEGINNING; thence along said East boundary line South 00034'31" West, 30.00 feet; thence leaving said East boundary line North 89026'24" West, 60.57 feet; thence South 00033'36" West, 8.00 feet; thence North 89026'24"West, 69.80 feet; thence South 45033'36" West, 22.26 feet; thence South 00033'39" West, 123.53 feet; thence South 89026'21" East, 52.37 feet; thence South 00°33'08" West, 52.59 feet; thence North 89026'52"West, 37.00 feet; thence North 00°33'08" East, 28.89 feet; thence North 8902621"West, 35.37 feet; thence North 00033'39" East, 149.55 feet; thence North 8902621" West, 9.66 feet; thence North 00042'53" East, 10.00 feet; ENSFG G9� o � thence South 89026'21" East, 13.28 feet; a 7729 thence North 45033'36" East, 65.45 feet; 51I(Z"L-�o 4� 4rF OF\�P thence North 43008'39" East, 20.00 feet; 9��ORV G.Gv- thence South 46051'21" East, 28.94 feet; thence South 89°26'24" East, 81.35 feet to the REAL POINT OF BEGINNING. 0 N (D Do �1 a) 01 W N 0 (D w -4 m u -P6 W N O L LFI (n Z Z N Z Z Z Z Z Z 0 N N 0 Z U) Z (/7 0 OD -4 - ao 0 m o m o M 0 m 0 -4 o0 0 w o r (DD L4 Ul W O W 0 (D 0 W 0 W O (n (D 0 0 O UD 7 (A Ni U) d (I N 4 N C4 fV C4 N (..i nj L4 (A IV CA N L. O � c) O w (..r 0 N O (A m L4 (1 C.1 O Gl W a) W a -p � o N N W W N_ (n N W N O U O nj L4 (A N 4i N L4 7 O co N OD (D O) -pa O s tp CDII co N N (3) W N W U1 cn N N a) D7 0) W r O Oo O (n W O Cn Do J N N W N (D O O � O W (D O N O O W W O U1 W N Oo O U1 O U3 U -p O U1 00 O u v (D O (D W m O --j O S N O 0 v i PROF c�� ays > � gy ^ m� UJ (n v 3 0 .=--4 z. O ff 3: y�, 0y r' (O coo m O � 'yo �,5 cn`cn F'Q a01`� S. Ten Mile Rd. cn o -- - r cn cn n HI my _ p!^e o 4'v m cu W _ m _ o o _ - �m� of cn 14 L12 W L � �I -01rn o �I z N �fc �7 o� L O ��L8a c0. o ca moh m Co ,. co ; Z �� rn o 0 m � � Crl 1 CJ1 0 Q � ( v �. � I �L1 i � rt Q M. c o =+, D Urplatted d 1D o F z W g D\ rr, �' t0 O a A rf =O G 3 c (Np j O 0oco 3 N 7 n oA rr U1 W �f 7 �C w o m O N O p A 0 N E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-072451 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/17/2022 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0210 TM Creek Subdivision No. 1 Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 16thday of August 20 22 between _Brighton Corporation ("Grantor")and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BRIGHTON CORPORATION Robert L. 4hillips, President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 81 120222 (date) by Robert L. Phillips (name of individual), [complete the following if signing in a representative capacity, or strike the.following if signing in an individual capacity] on behalf of —Brighton Comoration (name of entity on behalf of whom record was executed), in the following representative capacity:_President (type of authority such as officer or trustee) SHARI VAUGHAN E-m- - -- otary Public-State of Idaho mmission Number 20181002 Notary Signature ommission Expires Jun 1, 202a My Commission Expires:, — oZ Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-16-2022 Attest by Chris Johnson,City Clerk 8-16-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 km E N G I N E E R I N G J u ly 26,2022 Project No.:21-172 TM Creek Subdivision No. 1 City of Meridian Water/Sewer Easement Legal Description Exhibit A A parcel of land being a portion of Lot 1, Block 1 of TM Creek Subdivision (Book 110 of Plats, Pages 15663-15666, records of Ada County, Idaho) and the Northwest 1/4 of the Northwest 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 14,which bears N00.33'33"E a distance of 2,658.39 feet from an aluminum cap marking the West 1/4 corner of said Section 14,thence following the westerly line of the Northwest 1/4 of said Section 14,S00°33'33"W a distance of 1,225.61 feet; Thence leaving said westerly line,S89.26'27"E a distance of 348.53 feet to the southerly line of Lot 1, Block 1 of TM Creek Subdivision No. 1 and being the POINT OF BEGINNING. Thence leaving said southerly line, N10°13'14"E a distance of 20.53 feet to the southerly right-of-way line of West Cobalt Drive; Thence following said southerly right-of-way line the following two (2) courses: 1. 25.08 feet along the arc of a curve to the right, said curve having a radius of 473.50 feet, a delta angle of 03°02'06", a chord bearing of S84°17'27"E and a chord distance of 25.08 feet; 2. S10.13'14"W a distance of 19.48 feet to said southerly line of Lot 1, Block 1; Thence leaving said southerly right-of-way line and following said southerly line, N86°40'15"W a distance of 25.18 feet to the POINT OF BEGINNING. Said parcel contains a total of 503 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. gti°SAL ��s .G a 12459 0 ?• 2�o• ?,oZ2 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939 • kmengllp.com POINT OF COMMENCEMENT NORTHWEST CORNER SECTION 14 FOUND BRASS CAP TM Creek Subdivision No. 1 I Lot 1, Block 1 I _ TM Creek Subdivision No. 1 W. Cobalt Dr. N C1 " S89'26'27"E J N o, 11 348.53' (TIE) �Or L3 "� 0) O(a POINT OF z° o M Co ��10 BEGINNING r 01 m W PQ o n Proposed �o V)M TM Center Q mo I N 1/16 CORNER Subdivision No. 1 u Z I SECTIONS 14 & 15 FOUND ALUMINUM CAP LL 0 I 0 0 N y N .D N Z LINE TABLE a iz LINE BEARING DISTANCE v ~ I O' 1-1 N 10"13'14"E 20.53 N I r- > M L2 S 10'13'14"W 19.48 0 L3 N86'40'15"W 25.18 N WEST 1/4 CORNER Z SECTION 14 CURVE TABLE FOUND ALUMINUM CAP a CURVE RADIUS LENGTH DELTA CHORD BRG CHORD C 1 473.50' 25.08' 3'02'06" I S84'17'27"E 25.08, a 3 W V1CM 0 80 160 240 N ENGINEERING N Plan Scale: 1" n 572S NORTH DISCOVERY WAY W BOISE,IDAHO 83713 PHONE(208)639-6939 Exhibit B - City of Meridian Water/Sewer Easement kmengllp.com Lot 1, Block 1, TM Creek Subdivision No. 1 DATE: July2022 1 PROJECT: 21-172 SHEET: A Portion of the Northwest 1/4 of the Northwest 1/4 of Section 14, 1 OF 1 T3N., R1W., B.M., City of Meridian, Ada County, Idaho E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision No. 5 Sanitary Sewer and Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2022-072453 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/17/2022 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0215 TM Creek Subdivision No. 5 Sanitary Sewer and Water Main Easement No. I THIS Easement Agreement, made this 16tNay of August 2022 between SCS BRIGHTON FLATS LLC,an Idaho limited liability company ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains 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. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed 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 GRANTOR covenants and agrees 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns,heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS Brighton Flats LLC Robert L.Phillips,President of Manager Brighton Corporation STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on R q6 22 (date) by Robert L.Phillips (name of individual), [complete the fol owing if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of SCS Brighton Flats LLC (name of entity on behalf of whom record was executed), in the following representative capacity:_President of Manager Brighton corporation (type of authority such as officer or trustee) MCCURRY COMMISSION M526 j I lid NOTARY PUBLIC Notary Signatut r� STATE OF IDAHO My Commission Expires:, AS/702.:g MY COMMISSION EXPIRES O4115l2023 Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 8-16-2022 Attest by Chris Johnson, City Clerk 8-16-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement REV.01/01/2020 EXHIBIT A Easement Area Description A parcel of land situated in a portion of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 14, which bears N89°09'27"W a distance of 2,657.99 feet from a found aluminum cap marking the North 1/4 corner of said Section 14,thence following the northerly line of said Northwest 1/4,S89°09'27"E a distance of 1,279.26 feet; Thence leaving said northerly line, S00°50'33"W a distance of 823.01 feet to the easterly right-of-way line of S. Wayfinder Avenue; Thence following said easterly right-of-way line,S00`33'41"W a distance of 85.48 feet to the POINT OF BEGINNING. Thence leaving said easterly right-of-way line, N90°00'00"E a distance of 125.72 feet; Thence S00°00'00"E a distance of 28.93 feet; Thence S90°00'00"E a distance of 9.02 feet; Thence S00°00'00"W a distance of 20.00 feet; Thence N90000'00"W a distance of 9.02 feet; Thence S00°00'00"E a distance of 64.79 feet; Thence N90°00'00"E a distance of 33.86 feet; Thence 500O00'00"E a distance of 12.00 feet; Thence N90°00'00"W a distance of 33.86 feet; Thence S00°00'00"E a distance of 132.90 feet; Thence N90000'00"E a distance of 110.15 feet; Thence N00°00'00"E a distance of 14.28 feet; Thence S90000'00"E a distance of 20.00 feet; Thence S00°00'00"W a distance of 14.28 feet; Thence N90°00'00"E a distance of 327.38 feet; Thence N00°00'00"E a distance of 14.28 feet; Thence S90°00'00"E a distance of 28.43 feet; Thence S00°00'00"W a distance of 14.28 feet; Thence N90°00'00"E a distance of 69.89 feet; Thence N00°00'00"E a distance of 13.47 feet; Thence N90000'00"E a distance of 12.00 feet; Thence S00°00'00"E a distance of 13.47 feet; Thence N90°00'00"E a distance of 55.67 feet; Thence N00°00'00"E a distance of 50.91 feet; Thence N45000'00"W a distance of 18.79 feet; Thence N45°00'00"E a distance of 20.00 feet; Thence S45°00'00"E a distance of 27.07 feet; EXHIBIT A to DECLARATION OF EASEMENT Thence S00'00'00"E a distance of 59.19 feet; Thence N90000'00"E a distance of 13.99 feet; Thence S00'00'00"E a distance of 134.46 feet to the northerly right-of-way line of West Cobalt Avenue;; Thence following said northerly right-of-way line, N89°10'47"W a distance of 20.00 feet; Thence leaving said northerly right-of-way line, N00°00'00"E a distance of 114.18 feet; Thence N90°00'00"W a distance of 333.01 feet; Thence S00'00'00"E a distance of 109.41 feet to said northerly right-of-way line; Thence following said northerly right-of-way line, N89'10'47"W a distance of 20.00 feet; Thence leaving said northerly right-of-way line, N00'00'00"E a distance of 109.12 feet; Thence N90000'00"W a distance of 304.52 feet; Thence N00°00'00"E a distance of 258.62 feet; Thence N90'00'00"W a distance of 68.81 feet; Thence S01001'22"E a distance of 13.70 feet; Thence S88°58'38"W a distance of 37.50 feet to the easterly right-of-way line of S.Wayfinder Avenue; Thence following said easterly right-of-way line, N00033'41"E a distance of 34.37 feet to the POINT OF BEGINNING. Said parcel contains 28,829 Sq. Ft. (0.662 acres), more or less, and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions, deeds, records of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. L LA rENS��SG�L o � 1 662 cJj, �O f �pP �F<< KEH��`� EXHIBIT A to DECLARATION OF EASEMENT EXHIBIT B Depiction of Easement Area S.WAYFINDER AVE. l32 500'33'41'A' q O 8 O rr Pf N A I K0700'00"E 258 62' ti 'r�ZtL�S13'L90 I 1 J TI �� r O Ip I A } o C�I r I o O XXI,(A 3ZE 1 o 0 Yo n O" U n �y E: b r l22 S•:'O*M'00'E 134 46' r V` N V m a� 41 F ' z OVERALL VIEW OF SEWER AND WATER EASEMENT ed EXHIBIT B to DECLARATION OF EASEMENT E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Victory Commons Subdivision No. 2 Water Main Easement ADA COUNTY RECORDER Phil McGrane 2022-072457 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 08/17/2022 09:16 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0205 Victory Commons Subdivision No. 2 WATER MAIN EASEMENT THIS Easement Agreement, made this 16th day of August , 20 22 between Kuna Victory, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires 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 underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains 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 GRANTOR covenants and agrees that Grantor will not place or allow to be placed 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 GRANTOR covenants and agrees 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 Version 01/01/2020 Water Main Easement 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 GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: KUNA VICTORY, LLC By: BV Management S rvices, Inc., an Idaho corporat' The Manager By: Cortney Liddiard, President STATE OF IDAHO ) ) ss County of Bonneville) This record was acknowledged before me on `I Lag ,D;L (date) by Cortney Liddiard (name of individual), [complete the follo-� ing if signing in a representative capacity, or strike the following if'signing in an individual capacity] on behalf of Kuna victory, LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of the Manager (type of authority such as officer or trustee) (stamp) BRANDI LOVE Notary Signature COMMISSION NO. 37925 My Commission Expires:_H-\2-aG'DCsz NOTARY PUBLIC STATE OF IDAHO [MY COMMISSION EXPIRES D4112126 Water Main Easement Version 01/01/2020 GRANTEE: CITY Or MERIDIAN Robert E. Simison, Mayor 8-16-0222 Attest by Chris Johnson, City Clerk 8-16-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 8-16-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 2775 W.Navigator Drive,Suite 210 Idaho Office Meridian,Idaho 83642 H O R R O C K S Tel: 208.895.2520 www.horrocks.com I-; N C I N f: 1 R 'S pN�t D Date: May 9, 2022 �cSN �,�CENSF Project: ID-1402-1810 t Page: 1 of 1 a ,005-12-22 0 EXHIBIT A �0 F OF FLEX I - WA TER VA VE EASEMENT N WR1G This easement is located in Government Lot 4 of Section 19, Township 3 north, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being in a portion of Lot 4, Block 1 of Victory Commons Subdivision No. 1, book 120, page 18973, records of Ada county and a portion of Parcel A of Record of Survey Property Boundary Adjustment No. 12,282, records of Ada county, Idaho, more particularly described as follows: COMMENCING at the most easterly corner of Lot 4, Block 1, of said Victory Commons Subdivision No. 1, from which the most southerly corner of said Lot 4 bears S.390 14'22"W., 280.59 feet; thence along the southeast boundary of said Lot 4, 1) S.39°14'22"W., 93.01 feet to the POINT OF BEGINNING, thence leaving said southeast boundary; 2) S.50°45'37"E., 11.00 feet, thence; 3) S.39°14'22"W., 8.00 feet to a point on the northeast boundary of City of Meridian Sewer & Water Easement InStrUrnent No. 2021-030018, thence along said northeast boundary; 4) N.50045'37"W., 11.00 feet to appoint on the southeast boundary of Lot 4, Block 1 of said Victory Commons Subdivision No. 1, thence along said southeast boundary; 5) S.39°14'22"W., 14.28 feet to the most easterly corner of City of Meridian Water Easement Instrument No. 2020-162602, thence along the northeast boundary of said Instrument No. 2020-162602; 6) N.50°45'37"W., 10.00 feet, thence leaving said northeast boundary; 7) N.39°14'22"E., 22.28 feet, thence: 8) S.50°45'37"E., 10.00 feet to the POINT OF BEGINNING. °wa °1, EXHIBIT B 1 J M DOMESTIC WATER EASEMENT N r FLEX 1 (NOT TO SCALE) �ZA �p'�' P.0.C. o JAG \ O Cb�. oo z, / ep� , \ e P.O.B. p //�`� '7o\,, w o \F W / 0 \o o 0 o tis\70 U U s Q ���� ^� � ,�� �P 03 si:i- 0 ENSF a � � a LEGEND: �o 0AL q Q CALCULATED POINT 05-12-22 0 po LOT CORNER `�� — — LOT LINE 9rF of --------------- EXISTING UTILITY EASEMENT ��N WR161fi P.O.B. POINT OF BEGININNG P.O.C. POINT OF COMMENCEMENT ————— WATER VALVE EASEMENT HOPROCKS DR AMNGINFO II,II —� DATE ENGINEERS EXHIBIT B _SCALE ON/T�S? 2775 West Navigator Dr.,Suite 21 REV a DATE SHEET Meridian,ID 83642 00 00/00/0000 GOV'T LOT 4, SECTION 19, T3N, R1 E 'PROD NOHEETIFFOR LISTING www.horrodcs.com 001 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Skybreak Subdivision No. 2 (FP-2022-0002) by DevCo, LLC, Located at 7020 S. Eagle Rd. STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/16/2022 Legend DATE: ��Pr�}e�#Lflcfl�ian TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 0 208-489-0573 000 5t IF ` SUBJECT: FP-2022-0022 Skybreak No. 2 -- I LOCATION: 7020 S. Eagle Rd.,in the SE 1/4 of the -� NW 1/4 of Section 4, T.2N.,R.1E. (Parcel#S1404233660) i I. PROJECT DESCRIPTION Final plat consisting of 62 lots and 12 common lots on 11.12 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Conger Group—4824 W. Fairview Ave.,Boise, ID 83706 B. Owners: C4 Land LLC—7020 S. Eagle Rd,Meridian, ID 83642 III. STAFF ANALYSIS In 2020,the property received approval of an annexation, zoning to R-8 and R-15, and a preliminary plat to construct 316 single family lots on 80.46 acres of land(H-2020-0127, Instr. #2021-119175). This included approval for private streets. The first plat, for 81 single family lots and 21 common lots on 35.67 acres was approved by the Council in April of 2022 (FP-2021-0058). Amenities approved and provided with this plat include an 8,668 sq. ft. common space and several pathway segments. The landscape plan indicates these amenities are landscaped as required per UDC 11-3B-12 and 11-3G. Pagel At time of annexation and preliminary plat the City Council granted the applicant alternative compliance from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet in length without an intersecting street or alley to allow Lots 29-41 of Block 2 to be approximately 1,000 feet in length. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. It appears Lot 7,Block 2 does not meet the minimum 40 ft. frontage required in the R-8 zoning district. Otherwise,because the final plat does not increase the number of building lots and/or decrease the amount of qualified open space as shown on the approved preliminary plat,with the exceptions listed above, all lots within the development comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat red-marked to show area of Phase One (date: 6/16/2021) - -, �- i -- - - - - -- - - III I u "3 n p Page 3 B. Final Plat(date: 6/02/2022) 4" x EYUM C�8ill f _ yJ IILb)Ji�81h iii I { IT � I A SfTE DATA S E I�= I e 3 a r� ' `............... ,iEA-3,1 20 FRCP]SED LV D I ME9uEIT1JL LOIS Ix 35 COMMON ORNES I 1a f F'll_L gHwT—OF- ,u --- Torx : i 1 2 S� I3 I ELOCi i p p 2 I S] 3Lllia "I 3 I 3! 3 � I a e] rRalEc7'o11T 13 I une=s I t 1 FAIL-F FHdSF3 I u so- ' � I ] F1145E 9 b.pC 30 ~ e PHP�6 Z. � PHhSE T 8.0E � I M=5 RE IRMUM � NO PCLE RE1105ALr } ` 31 j y �� 3e rII I y k 3] I 36 �y�� ffr ao w u SOME ~ lE E CIF — —— — — E+ . J-M ACHIj CERTIFICATE OF COMPLIANCE Page 4 C. Landscape Plan(date: 6/13/2022) a07 KK 4 \�\� CLOCK a MAATOL E LI MATCHLME L2 i LacK \ i i J MATCHLWE L1 ATCH.ME L2 C V N BI K6 x \ BLocx z a � ez_ Page 5 D. Approved Landscape Plan(date: 6/16/2021) „ I ,o Page 6 E. Common Drive Exhibit f #. moo, SDWA �Y WATER f16ESrfM I LOT 14 TAKES CIREOT STREET �+ I ACCESS 7RIwEMY LOOATEC T F I Ov EAST SIDE of LOT. JIA '.ri I I o Y �S.OTJ' :70YM�N I V I I ORNE I 14 5.00' 510E 1�51ETBACK 7w O ZERO SETWK LOT UNF- TVP. I 1 s.w' Ls1ap 1 i I 132FFER - - zo.00' Fuwr '•:1 �.� sE-eacfS r - ' L- - -- - — - - —J r- --- ---- — � I1.'JC' REAR �'F a I SET4ICK TrP — .. �t 4 � I LOT 19 TAKu, CIRECT STREET 4 ACCESS DRIa£hhY LOC+STEC I ON Sam SICE or LOT. I' :: •' .. L——— ——————— � I z Page 7 � I • I I LOT 25 TANES DIREG7 STREET 4+ 4 ACCESS. DRIYEOrAY LOCATED - ❑N NORTH SIDE OF LOT. p h - Y yl 25 S '¢ 12,00' REAR "' w I SETB4Ck TYP ------------- 1 � 2s - a =3 4� 27 oQ----- — '10.D0' sIDE SET&b.CN I I ~ L17IL EASEMENT I � Z 28 I 2a { �� � I I s.Do• SIDE } f LOT W TAKES DIRELY STREET strW CN TYP ACCESS. DRIVEWAY LOCATED f ON EAST SIDE ❑F LOT. 30 � 1 1 —4 BLOCK 2 f Page 8 VI. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Applicant shall meet all terms of the approved annexation and preliminary plat applications (Development Agreement-Inst. #2021-119175,AZ,PP H-2020-0127) approved for this site. 2. Prior to City Engineer signature on the final plat,the final plat prepared by Sawtooth Land Surveying LLC stamped by Jeff Beagley, dated: 4/2022,included in Section V.B shall be revised as follows: a. Lot 7,Block 2 shall be revised to meet the minimum lot frontage requirements(40 feet)for the R-8 zoning district per UDC Table 11-2A-6. b. Plat Note No 6—add instrument number. c. Plat Note No. 14—add instrument number. d. Plat Note No. 15—add instrument number. e. Plat Note No. 16—add instrument number 3. Pathways and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 4. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers, and mailbox placement. 5. Developer shall comply with all ACHD conditions of approval. 6. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 7. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 8. The applicant shall obtain the City Engineer's signature on the subject final plat by July 20, 2023,within two years of the City Council's approval of the preliminary plat; or apply for a time extension, in accord with UDC 11-6B-7. 9. Administrative design review is required prior to building permit for all new attached residential structures containing two(2) or more dwelling units. 10. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. Page 9 B. PUBLIC WORKS Site Specific Conditions: 1. Water main valve at the intersection of Englehart Dr and Averial Way should be located on the west side of the tee. 2. The water service for Lot 2,Block 2 shall not cross adjacent property,but rather should be in common lot. 3. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches,light poles, etc.)are built within the utility easement. 3. Ensure that SSMH-4 does not fall within the gutter. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health Page 10 improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-14B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. Page I I 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for TM Center East No. 1 (FP-2022-0021) by Brighton Development, Inc., Located at 700 S. Wayfinder Ave. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT A H O �. ,.,..� FRA DATE: 8/16/2022 NKLIN_._- �..� TO: City Council i FROM: Sonya Allen,Associate Planner ; 208-884-5533 ' 00 ELEW I 1 SCH6OI SUBJECT: FP-2022-0021 9 TM Center East No. 1 ----- - J A :. PROPERTY LOCATION: z' rW L 700 S. Wayfinder Ave., in the NW 1/4 of Section 14,T.3N.,R.1W. I. PROJECT DESCRIPTION Final plat consisting of four(4)building lots on 21.73 acres of land in the C-G zoning district for TM Center East No. 1. Note: The proposed final plat is actually the fifth phase of the TM Center Subdivision preliminary plat(H-2020-0074). [TM Creek No. 5 (I st phase FP-2021-0027); TM Crossing No. 5 (2nd phase FP- 2021-0045); TMFrontline(3'd phase FP-2021-0047); and TM Center Sub. I (4`h phase FP-2022- 0009).J II. APPLICANT INFORMATION A. Applicant Josh Beach, Brighton Development, Inc. 2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0074) as required by UDC 11-613-3C.2. The proposed final plat depicts fewer buildable lots than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required by UDC 11-613-3C. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. V. EXHIBITS A. Preliminary Plat (dated: May 29, 2020) TM CENTER SUBDIVISION PRELIMINARY PLAT VICINI Y MAP:P=iW A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE VW.F"NKLINRDWEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 o ,IED..oFGRAwI,�E,n„E 0 0 j o C o O O PRELIMINARY PLAT DATA IFGEN. ® © ® C Y � O O ® ® �u�oe. - .rei ro_ ���� •' SLIRVEY CONTROL NOTES ® � Q° ® WLM£�r ® i m.rwuse wv usa.m - nm nets�a .sn n0 vnm +vouyp'Wr rid wau ,. -e TM CENTER SUBDIVISION _ MERIDIAN,IDAHO - —E—EET m,�artM� iv.w xna a-s•' ru yc'Py,cf� km mal un x d..in,�r.m.,io..m ,.I cslP,eIb P.F. �uPP. - a � I Page 2 B. Final Plat(dated: 5/31/22) Plat of _� TM Center East Subdivision No.1 r� �� r mn ux of m.xmlw,an uams«el�,u, rv.,�mlaarwm.Pawe=wna,iexiclnux.aevan m,iarm+leam 15 wa�unw, eersmlr.x.ua ---- z aa.... 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Landscape Plan(dated: 6/17/22) ---- IWO ----------------------------- ---------- --y v `. �._—-_ 1J O ------------------------------ �1 LhN DSCAPE PL4N— m uou 1 2 � n =LL 3R -LIE E a 4 5 km m,.wn 6 Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development [TM Center H-2020-0074,DA Inst. #2021-0891571. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 5/31/22 by Aaron L. Ballard, included in Exhibit B shall be revised as follows: a. Include the recorded instrument numbers for the City water and sewer, shared access, and storm retention easements graphically depicted on the face of the plat. b. Include the recorded instrument number of the ACHD ROW dedication on the face of Sheets I and 2 of the plat, as applicable. c. Note#7: Include the recorded instrument number of the CC&R's. d. Graphically depict minimum 20-foot wide permanent dedicated street buffers along S.Wayfinder Ave. and S.Vanguard Way, collector streets,measured from back of curb. Include a note stating the buffers will be maintained by the property owner or business owner's association, as applicable. 5. The landscape plan prepared by KM Engineering, dated 6/17/22 included in Exhibit C, shall be revised as follows: a. Depict landscaping within the street buffer along S. Wayfinder Ave., and S. Vanguard Way per the standards listed in UDC 11-313-7C.3a—all required landscape buffers along streets shall be planted with trees and shrubs, lawn or other vegetative groundcover. 6. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 7. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. 2. Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owner's association. Page 6 General Conditions: 3. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Sewer main extension is being constructed as part of application LDIR-2022-0031. 4. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Water main extension is being constructed as part of application LDIR-2022-0031 5. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 6. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 7. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing,landscaping,amenities,pressurized irrigation,prior to signature on the final plat.. 8. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Warranty surety will be required under application LDIR-2022-0031. 9. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-I 4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have Page 7 been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 16. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 17. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 18. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used,or provide record of their abandonment. 19. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 20. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 21. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 8 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Works: Fiscal Year 2023 Republic Services Rate Review REPUBLIC SERVICES Sustainability in Action MEMORANDUM TO: Meridian's Solid Waste Advisory Commission (SWAC) FROM: Bradyn Norris, Finance Manager, Republic Services of Idaho DATE: July 27, 2022 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services Introduction Annually, solid waste collection rates are adjusted in accordance with Section 21 of our contract with the City of Meridian with an effective date of October 1. High-level Summary by Category: ■ CPI Adjustment Methodology—4.898% increase, 90% of CPI ■ Household Hazardous Waste — No change, Republic Services proposes to waive the $0.01 per household per month increase ■ Recycling Service Charge— 7.50% increase ■ Labor Increase — Requesting approval to make FY2022 out-of-cycle adjustment permanent. For FY2023, we are not requesting an out-of-cycle adjustment. Labor will remain consistent with CPI. ■ Disposal — No change ■ Volumetric Excise Tax Credit (VETC) — No change, ($0.11) reduction to residential rates will carry over for FY2023 CPI Adjustment Methodology Our contract allows non-disposal costs be adjusted annually based upon Ninety (90) percent of the net percentage change for May in the Consumer Price Index (CPI) for Garbage Trash. This year's change in CPI (at 90%) is 4.898%. The average CPI adjustment is $0.79 per household per month plus tax. The commercial impact varies and is based on container size and frequency of collection. Household Hazardous Waste Residential 2022 rates include an amount for household hazardous waste (HHW) of $0.18 per household per month. A reconciliation of actual HHW costs and the amount collected from residents was performed. The May 2022 trailing-twelve-month (TTM) net result is an amount due to Republic Services of$6,266.10. This amount will remain on account and be included in the ongoing reconciliation. Although the current run rate is $0.19 per household per month, we elect to leave the rate at $0.18 for no change to FY2023. 11101 W.Executive Dr. Boise,ID 83713 1 RepublicServices.com I Environmental Services, Recycling&Waste REPUBLIC SERVICES Sustainability in Action Recycling Service Charge The recycling processing fee increased 7.50% (from $97.31 to $104.61) per ton and reflects the current economic impact on the recycling sector (i.e., increased transportation and labor costs). Republic Services sustained unreimbursed recycling cost of $195,717.18 for Meridian City's residential recycling program over the prior 12 months (May 2022 TTM). For example, Republic Services requests to increase the per household per month for residential by $0.08. These charges include related Meridian City franchise fees based on the total amount billed to customers and have been reviewed with the Meridian City staff. Labor Increase The Meridian City and Treasure Valley continue to operate in a constrained labor environment; however, the 2021 market adjustment accomplished its intended purpose and we have been able to fully cover routes consistently over the last fiscal year. We are concerned about the rising cost of living, fuel prices, and inflation that all our employees are experiencing. Republic Services formally requests that the FY2022 market labor adjustment be made permanent in the proposed pricing. Our FY2023 request is consistent with CPI adjustment methodology (4.898%). Disposal Increase There are no changes to disposal rates in the current year. Volumetric Excise Tax Credit (VETC) on CNG Powered Trucks The Federal Government once again awarded the alternative fuel tax credit for compressed natural gas as an alternative fuel source. This tax credit is shared with Meridian City residents as a credit to the monthly rate. The credit for the Meridian contract was $52,031. This amount is reflected in the residential rate sheet as a credit for 95-gallon of $0.11, 65-gallon cart of $0.11 and 35-gallon of $0.11. VETC was extended through December 31, 2021. Residential Impact Per Customer The total proposed monthly increase for residential customers with 95-gallon carts is $0.94 comprised of: ■ CPI — increased $0.85 ■ HHW— unchanged $0.00 ■ Uncontrollable recycling processing fee— increased $0.08 ■ Uncontrollable disposal fee— unchanged $0.00 ■ VETC — unchanged $0.00 ■ Sales tax— increased $0.01 11101 W.Executive Dr. Boise,ID 83713 1 RepublicServices.com I Environmental Services, Recycling&Waste RESIDENTIAL TRASH&RECYCLING Description 2022 2023 Current Proposed Fee Fee Residential 95 gallon service(includes 1 recycling cart) $21.66 $22.60 Residential 65 gallon service(includes 1 recycling cart) $19.34 $20.22 Residential 35 gallon service(includes 1 recycling cart) $17.03 $17.84 Residential Extra Carts(per cart per month) $2.58 $2.71 Residential Cart Pickup/Upsize Exchange fee(per event) $15.38 $16.13 Residential Cart Delivery(free) $0.00 $0.00 Residential Carry Out Service $36.22 $38.00 COMMERCIAL PERMANENT TRASH Commercial Carts Delivery Charge $11.55 $12.12 Commercial Carts 1,95 gallon cart(1 x per week) $33.39 $34.92 Commercial Carts 1,95 gallon cart(2 x per week) $63.12 $66.00 Commercial Carts 1,95 gallon cart(3 x per week) $92.84 $97.06 Commercial Carts 2,95 gallon cart(1 x per week) $66.80 $69.86 Commercial Carts 2,95 gallon cart(2 x per week) $126.27 $132.03 Commercial Carts 2,95 gallon cart(3 x per week) $185.67 $194.13 Commercial Carts 3,95 gallon cart(1 x per week) $100.20 $104.79 Commercial Carts 3,95 gallon cart(2 x per week) $189.39 $198.04 Commercial Carts 3,95 gallon cart(3 x per week) $278.49 $291.18 Commercial Container Container Delivery Svc(2,3,6,8 yd options) $26.35 $27.64 Commercial Container Lid Lock Installation(2,3,6,8 yd options) $49.63 $52.06 Commercial Container Monthly Lock Service(2,3,6,8 yd options) $14.31 $15.01 Commercial Container 2 yd(Extra Dump) $27.13 $28.36 Commercial Container 3 yd(Extra Dump) $36.93 $38.58 Commercial Container 6 yd(Extra Dump) $53.68 $56.00 Commercial Container 8 yd(Extra Dump) $69.06 $72.03 Commercial Containers 2 yd(1x per week) $110.80 $115.79 Commercial Containers 2 yd(2x per week) $158.23 $165.09 Commercial Containers 2 yd(3x per week) $204.84 $213.54 Commercial Containers 2 yd(4x per week) $274.79 $286.47 Commercial Containers 2 yd(5 x per week) $344.60 $359.26 Commercial Containers 2 yd(6 x per week) $414.46 $432.10 Commercial Containers 3 yd(1x per week) $115.29 $120.28 Commercial Containers 3 yd(2 x per week) $186.64 $194.45 Commercial Containers 3 yd(3 x per week) $258.10 $268.75 Commercial Containers 3 yd(4 x per week) $340.05 $354.05 Commercial Containers 3 yd(5 x per week) $447.11 $465.69 Commercial Containers 3 yd(6 x per week) $541.64 $564.19 Commercial Containers 6 yd(1 x per week) $179.75 $187.23 Commercial Containers 6 yd(2 x per week) $290.16 $301.71 Commercial Containers 6 yd(3 x per week) $400.45 $416.08 Commercial Containers 6 yd(4 x per week) $533.96 $554.80 Commercial Containers 6 yd(5 x per week) $667.54 $693.59 Commercial Containers 6 yd(6 x per week) $801.04 $832.30 Commercial Containers 8 yd(1 x per week) $213.32 $222.01 Commercial Containers 8 yd(2 x per week) $331.53 $344.23 Commercial Containers 8 yd(3 x per week) $448.43 $465.08 Commercial Containers 8 yd(4 x per week) $580.21 $601.54 Commercial Containers 8 yd(5 x per week) $720.50 $746.93 Commercial Containers 8 yd(6 x per week) $854.62 $885.84 Commercial Containers 8 yd(7 x per week) $1,304.42 $1,355.90 Commercial Compactors 2 yd (base price per pickup per week) $65.74 $68.52 Commercial Compactors 3 yd (base price per pickup per week) $91.01 $94.81 Commercial Compactors 4 yd (base price per pickup per week) $116.75 $121.58 Commercial Compactors 5 yd (base price per pickup per week) $142.52 $148.39 Commercial Compactors 6 yd (base price per pickup per week) $167.62 $174.50 Commercial Compactors 8 yd (base price per pickup per week) $225.04 $234.29 COMMERCIAL TEMPORARY TRASH Commercial Temporary Service 3 yd Haul Svc(Municipal Solid Waste) $46.12 $47.72 Commercial Temporary Service 3 yd Haul Svc(Construction and Demolition) $123.90 $129.30 Commercial Temporary Service 3 yd(Monthly Rent) $27.71 $29.07 Commercial Temporary Service 3 yd(Daily Rent) $0.91 $0.95 COMMERCIAL PERMANENT RECYCLING Commercial Commingled Recyclable Collection Container Delivery Charge(3,5,6,8 yd options) $26.35 $27.64 Commercial Commingled Recyclable Collection 3 yd(Extra Dump) $18.94 $19.95 Commercial Commingled Recyclable Collection 3 yd(Every Other Week) $55.59 $58.50 Commercial Commingled Recyclable Collection 3 yd(1 x week) $69.48 $73.25 Commercial Commingled Recyclable Collection 3 yd(2 x week) $122.54 $129.28 Commercial Commingled Recyclable Collection 3 yd(3 x week) $175.63 $185.34 Commercial Commingled Recyclable Collection 3 yd(4 x week) $228.70 $241.38 Commercial Commingled Recyclable Collection 3 yd(5 x week) $281.76 $297.41 Commercial Commingled Recyclable Collection 5 yd(Extra Dump) $25.76 $27.16 Commercial Commingled Recyclable Collection 5 yd(Every Other Week) $76.40 $80.45 Commercial Commingled Recyclable Collection 5 yd(1 x week) $105.83 $111.63 Commercial Commingled Recyclable Collection 5 yd(2 x week) $177.65 $187.58 Commercial Commingled Recyclable Collection 5 yd(3 x week) $248.96 $263.00 Commercial Commingled Recyclable Collection 5 yd(4 x week) $320.51 $338.68 Commercial Commingled Recyclable Collection 5 yd(5 x week) $392.07 $414.35 Commercial Commingled Recyclable Collection 6 yd(Extra Dump) $31.31 $33.02 Commercial Commingled Recyclable Collection 6 yd(Every Other Week) $90.59 $95.40 Commercial Commingled Recyclable Collection 6 yd(1 x week) $112.38 $118.63 Commercial Commingled Recyclable Collection 6 yd(2 x week) $200.78 $212.09 Commercial Commingled Recyclable Collection 6 yd(3 x week) $289.15 $305.52 Commercial Commingled Recyclable Collection 6 yd(4 x week) $377.54 $398.98 Commercial Commingled Recyclable Collection 6 yd(5 x week) $465.94 $492.46 Commercial Commingled Recyclable Collection 8 yd(Extra Dump) $42.79 $45.11 Commercial Commingled Recyclable Collection 8 yd(Every Other Week) $107.50 $113.27 Commercial Commingled Recyclable Collection 8 yd(1 x week) $134.27 $141.84 Commercial Commingled Recyclable Collection 8 yd(2 x week) $244.19 $258.13 Commercial Commingled Recyclable Collection 8 yd(3 x week) $354.11 $374.42 Commercial Commingled Recyclable Collection 8 yd(4 x week) $464.08 $490.75 Commercial Commingled Recyclable Collection 8 yd(5 x week) $576.01 $609.15 Commercial Commingled Recyclable Collection 95 gallon carts(1 cart/week) $14.56 $15.33 Commercial Commingled Recyclable Collection 95 gallon carts(2 cart/week) $23.08 $24.34 Commercial Commingled Recyclable Collection 95 gallon carts(3 cart/week) $31.61 $33.34 Commercial Commingled Recyclable Collection 95 gallon carts(4 cart/week) $40.15 $42.36 Commercial Commingled Recyclable Collection 95 gallon carts(5 cart/week) $48.65 $51.34 INDUSTRIAL TRASH Industrial Trash Container Delivery Svc 6-10 yd $26.63 $27.94 Industrial Trash 6-10 yd containers(Haul Svc) $118.87 $124.69 Industrial Trash 6 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Industrial Trash 6 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Industrial Trash 6 yd(Monthly Rent) $58.87 $61.76 Industrial Trash 6 yd(Daily Rent) $1.94 $2.04 Industrial Trash 8 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Industrial Trash 8 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Industrial Trash 8 yd(Monthly Rent) $76.31 $80.05 Industrial Trash 8 yd(Daily Rent) $2.51 $2.64 Industrial Trash 10 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Industrial Trash 10 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Industrial Trash 10 yd(Monthly Rent) $85.04 $89.21 Industrial Trash 10 yd(Daily Rent) $2.80 $2.93 Industrial Trash Container Delivery Svc 20-40 yd $26.63 $27.94 Industrial Trash/Diversion/Recycling 20-40 yd screen lid $42.81 $44.91 Industrial Trash 20-40 yd containers(Haul Svc) $386.00 $404.90 Industrial Trash 20-40 yd containers(Haul Svc for Asbestos-Ada County) $335.01 $351.42 Industrial Trash 20-40 yd containers(Certification fee Asbestos-Ada County) $23.32 $23.32 Industrial Trash 20-40 yd containers(Haul Svc for Asbestos-Idaho Waste Systems) $335.01 $351.42 Industrial Trash 20 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Industrial Trash 20 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Industrial Trash 20 yd Disposal Fee(Asbestos-Ada County Landfill) $30.74 $30.74 Industrial Trash 20 yd Disposal Fee(Asbestos-Idaho Waste Systems) $800.00 $800.00 Industrial Trash 20 yd(Monthly Rent) $97.77 $102.57 Industrial Trash 20yd(Daily Rent) $3.22 $3.38 Industrial Trash 30 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Industrial Trash 30 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Industrial Trash 30 yd Disposal Fee(Asbestos-Ada County Landfill) $30.74 $30.74 Industrial Trash 30 yd Disposal Fee(Asbestos-Idaho Waste Systems) $1,200.00 $1,200.00 Industrial Trash 30 yd(Monthly Rent) $119.50 $125.36 Industrial Trash 30 yd(Daily Rent) $3.92 $4.11 Industrial Trash 40 yd Disposal Fee(Municipal Solid Waste) $30.74 $30.74 Industrial Trash 40 yd Disposal Fee(C&D/Compacted) $30.74 $30.74 Industrial Trash 40 yd Disposal Fee(Asbestos-Ada County Landfill) $30.74 $30.74 Industrial Trash 40 yd disposal Fee(Asbestos-Idaho Waste Systems) $1,600.00 $1,600.00 Industrial Trash 40 yd(Monthly Rent) $136.57 $143.26 Industrial Trash 40 yd(Daily Rent) $4.48 $4.71 Industrial Trash 20yd compactor Disposal Fee $30.74 $30.74 Industrial Trash 25yd compactor Disposal Fee $30.74 $30.74 Industrial Trash 30yd compactor Disposal Fee $30.74 $30.74 Industrial Trash 40yd compactor Disposal Fee $30.74 $30.74 Industrial Diversion Industrial Diversion Container Delivery Svc 6-10 yd $26.63 $27.94 Industrial Diversion 6-8 yd containers(Haul Svc) $65.83 $69.05 Industrial Diversion 6 yd Disposal Fee(Wood) $30.74 $30.74 Industrial Diversion 6 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 6 yd Disposal Fee(Clean Rock,Gravel,etc.) $30.74 $30.74 Industrial Diversion 8 yd Disposal Fee(Wood) $30.74 $30.74 Industrial Diversion 8 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 8 yd Disposal Fee(Clean Rock,Gravel,etc.) $30.74 $30.74 Industrial Diversion 10 yd Disposal Fee(Wood) $30.74 $30.74 Industrial Diversion 10 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 10 yd Disposal Fee(Clean Rock,Gravel,etc.) $30.74 $30.74 Industrial Diversion Container Delivery Svc 20-40 yd $26.63 $27.94 Industrial Diversion 20-40 yd Wood,Sheetrock,Clean Rock $148.97 $156.26 Industrial Diversion 20 yd Disposal Fee(Wood) $30.74 $30.74 Industrial Diversion 20 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 20 yd Disposal Fee(Clean Rock,Gravel,etc.) $30.74 $30.74 Industrial Diversion 30 yd Disposal Fee(Wood) $30.74 $30.74 Industrial Diversion 30 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 30 yd Disposal Fee(Clean Rock,Gravel,etc.) $30.74 $30.74 Industrial Diversion 40 yd Disposal Fee(Wood) $30.74 $30.74 Industrial Diversion 40 yd Disposal Fee(Sheetrock) $30.74 $30.74 Industrial Diversion 40 yd Disposal Fee(Clean Rock,Gravel,etc.) $30.74 $30.74 INDUSTRIAL RECYCLING Industrial Recycling Processing per loose yard(as applicable) $1.08 $1.16 Industrial Recycling Processing per compact yard(as applicable) $2.16 $2.32 Industrial Recycling Container Delivery Svc 6-10 yd $26.63 $27.94 Industrial Recycling 6-10 yd containers(Haul Svc) $65.82 $69.05 Industrial Recycling 6 yd(Monthly Rent) $58.87 $61.76 Industrial Recycling 6 yd(Daily Rent) $1.94 $2.04 Industrial Recycling 8 yd(Monthly Rent) $76.31 $80.05 Industrial Recycling 8yd(Daily Rent) $2.51 $2.64 Industrial Recycling 10 yd(Monthly Rent) $85.04 $89.21 Industrial Recycling 10 yd(Daily Rent) $2.81 $2.95 Industrial Recycling Contain Deliver Svc 20-40 yd $26.63 $27.94 Industrial Recycling 20-40 yd containers(Haul Svc) $148.97 $156.26 Industrial Recycling 20 yd(Monthly Rent) $97.77 $102.57 Industrial Recycling 20 yd(Daily Rent) $3.22 $3.38 Industrial Recycling 30 yd(Monthly Rent) $119.50 $125.36 Industrial Recycling 30 yd(Daily Rent) $3.92 $4.11 Industrial Recycling 40 yd(Monthly Rent) $136.57 $143.26 Industrial Recycling 40 yd(Daily Rent) $4.48 $4.71 Industrial Recycling 15-40 yd Compactors(Haul Svc) $148.97 $156.26 MISCELLANEOUS CHARGES Miscellaneous Collection Tires 9(ea.)up to 16 inch $6.41 $6.73 Miscellaneous Collection Freon-containing units/appliances $61.06 $64.05 Miscellaneous Collection Non-Freon units/appliances $17.31 $18.16 Miscellaneous Collection Special Collection(for each increment of 10 minutes) $24.47 $25.67 Miscellaneous Collection Bulky Item Pickup(per item) $17.31 $18.16 Miscellaneous Collection Extra Pickup/Go Back(per occurrence) $12.35 $12.95 Miscellaneous Collection Relocation(all sizes)-Commercial/Industrial $26.63 $27.94 Industrial Services Turnaround compactor fee-Commercial/Industrial $18.68 $19.60 Miscellaneous Collection Weekend Charge-Industrial $75.62 $79.32 Miscellaneous Collection Pressure Wash-Industrial $222.93 $233.85 Industrial Services Dry Run-Large industrial containers and compactors $113.49 $119.05 Industrial Services Dry Run(6-10 yd) $65.83 $69.05 Miscellaneous Collection Commercial Combo Lock Replacement $31.77 $33.32 Commercial Container Extra Yard (Overload Each yd) $16.93 $17.76 Item 22 E IDIAN;--- AGENDA ITEM ITEM TOPIC: PRESENTATIONS Ll FY2023 Annual Rate , 2022 th August 16Meridian City Council ServicesSolid Waste Collection Adjustment for High FY2023 Rates Labor will remain consistent with CPI. 2)cycle adjustment. -of-For FY2023, we are not requesting an out1)adjustment permanent. cycle -of-Requesting approval to make FY2022 out–Labor Increase 7)7.50% increase–Recycling Processing Fee 6)($0.11) reduction to residential rates will carry over for FY20231)No change–Volumetric Excise Tax Credit (VETC) 5)No new rates4)No change–Disposal 3)No change–Household Hazardous Waste 2)4.898% increase, 90% of CPI–CPI Adjustment Methodology 1)level Summary by Category- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: MAPS (Meridian Art in Public Spaces) Ordinance Update Mayor Robert E. Simison E IDIAN*A- ,.-, City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H Luke Cavener Liz Strader August 16,2022 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Jessica Peters, Meridian Arts Commission, Vice Chair Cassandra Schiffler, Arts and Culture Coordinator, MPR Dept. RE: Amendment to Meridian Art in Public Spaces Ordinance (MAPS Ordinance) Background The Meridian Art in Public Spaces ordinance(MAPS Ordinance)was adopted by the Meridian City Council on April 21,2015. This ordinance established the Meridian Art in Public Spaces(MAPS) program,under which the City Council annually dedicates funding in the amount of 50 cents per resident, not to exceed$50,000 per year to establish art in public spaces in Meridian. The MAPS funding is used to purchase visual,tangible artworks and install them on public property within Meridian city limits. Since adoption of the MAPS ordinance, approximately 85 pieces of artwork have been successfully installed, and 15 new public art projects,including 10 traffic boxes, 3 murals, and 2 major sculptural installations are currently in progress. The population levels used to estimate the number of residents in Meridian are provided by the Community Planning Association of Southwest Idaho (COMPASS)'. In 2015,when the MAPS ordinance was adopted,the COMPASS population estimate for Meridian was 91,310. In 2022,the COMPASS population estimate for Meridian is 133,470, indicating that the Meridian population has grown by 42,160,or 46 percent, in 7 years. The Meridian Arts Commission believes that more MAPS funding is needed to contribute to the growing culture throughout the city as the preeminent place for people to live and work in the Treasure Valley. In addition,as public art has gained attention and support throughout the Treasure Valley,the Meridian Arts Commission believes that larger public art project budgets are necessary in order to attract the interest of a wider range of artists and project ideas. Recommendation To approve the amendment to remove the $50,000 cap on the MAPS funding so that funding levels are commensurate with population levels in Meridian, and so that public art funding in Meridian can grow as the city continues to grow. 1 Population estimates can be found at the website https://www.compassidaho.orgiprodserv/demogrgphics.htm. CITY OF MERIDIAN ORDINANCE NO. 22- BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 1-9-4(C), REGARDING APPROPRIATION OF FUNDS FOR THE MERIDIAN ARTS IN PUBLIC SPACES PROGRAM; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Meridian City Council values public art because it enables Meridian residents and visitors to experience art in the course of daily life, beautifies our community, supports economic development, and makes Meridian unique; and WHEREAS, funds appropriated pursuant to the Meridian Arts in Public Spaces (MAPS) ordinance have successfully funded public art projects in the Meridian community, and City Council seeks to bolster this programming; and WHEREAS, at its meeting on July 14, 2022, the Meridian Arts Commission voted unanimously to recommend that the MAPS ordinance be updated as set forth herein, in order to increase potential funding for public arts programming in Meridian; WHEREAS,Meridian City Council finds that it is in the best interest of the people of Meridian to amend the MAPS ordinance to remove the limitation on funds to be appropriated pursuant thereto; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 1-9-4(C) shall be amended as follows: Funds appropriation. City Council shall, on an annual basis, appropriate for the MAPS program an amount from the general fund equivalent to fifty cents ($0.50)per resident, as estimated by the current annual population estimate adopted by the Community Planning Association of Southwest Idaho. Annually, no more than fifty thousand dollars ($50 nnn nm f genera funds shall be appropriated for-the MAPS pr-egfam. Nothing contained in this section shall preclude funding of art by grants, matching monies, donations, or other means. Section 2. That all City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2022. MAPS FUND ORDINANCE PAGr 1 APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2022. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 22 - An ordinance amending Meridian City Code section 1-9-4(C), regarding appropriation of funds for the Meridian Arts In Public Spaces program; repealing conflicting ordinances; and providing an effective date. MAPS FUND ORDINANCE PAGE 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Public Art Update Mayor Robert E. Simison EI'IDjIAtNII*.A-�- City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault AH Luke Cavener Liz Strader August 16,2022 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Cassandra Schiffler, Arts and Culture Coordinator, MPR Dept. RE: Public Art Update Background Several public art projects are underway and will be presented to City Council in a powerpoint. Projects include: • 10 traffic box wraps 0 a mural at the unBound library, scheduled for installation during Meridian Art Week on September 6 - 11,2022 (easement attached) a mural at the Meridian Pool • 2 murals at Tully Skatepark, one by a professional mural artist and one by a youth apprentice 0 a public art project at the Five Mile Creek Pathway Trailhub with four national artists currently working on proposals • development of a public art project to be integrated with Discovery Park,Phase II Recommendation To consider all public art projects in process and to approve the easement agreement with the Meridian Library District. Public Art Update Cassandra Schiffler, Arts and Culture Coordinator August 2022 Public Art Projects:By Sienna MeuserLily PadsBy Joyce GreenJerseys in IdahoBy Miguel AlmeidaIdahoSomosBy Rachel LindquistAt the Keys 10 wraps ready for installation in 2022•2022 Area and funded by MDCArt Show, installed in the Urban Renewal 5 wraps selected from the WASD Student •and WASD, funded by MAPS 7 wraps selected from artist’s repository •2021 Traffic Box Series Traffic Boxes 2022: Artwork from the Repository Traffic Boxes 2022: WASD Youth Artists Public Art Projects: Murals Meridian CyclesKonkolMural by artist Ben Meridian CyclesDrawing for Mural North Main Street Meridian Cycles Third mural: Being developed with WARD for Meridian PoolLibrary, easement ready to executeunBoundSecond mural: First Mural: Installed in 2021 at Meridian Cycles Meridian Mural Series Public Art Projects: MuralsLibraryunBoundDesign by Key Detail for Public Art Projects: MuralsSector Seventeen at Meridian Pool Public Art Projects: Murals ApprenticeArtist with a Youth Professional Mural Partnering a with the Garden City Placemaking Fund.project on the Linen District panels, and projects in various public art projects, including a recent businesses in our community, and has been involved growing up. He has collaborated with numerous for 17 years, and skated at Tully skatepark often descent from Caldwell, ID. He has been skateboarding is a painter, illustrator, and digital artist of Mexican Miguel Angel Almeida Tully Skatepark Youth Apprentice: Miguel AlmeidaProfessional Muralist: RatzesbergerMacy Public Art Projects: the City’s priority pedestrian routesThis is the City’s first ‘gateway’ to the Five Mile Pathway, one of TrailhubFive Mile Creek Pathway Great Response to our RFQ Call to Artists!Four artists were selected to develop proposals•internationalnational and –32 highly qualified applicants responded ••National Call to Artists •Increased the budget to $50,000• Andrew Kovacs(California) Michael McLaughlin(Connecticut) EILEEN)NEVADA(GAY Steve Parker(Texas) What’s Next?standalone artworks that relate to each other.3 -Artists will be asked to create either one larger, site integrated work, or 2focused project(s), following the theme of “discovery”Call to artists will ask artists to create an interactive and/or educationally the next big public art project with a budget of $150,000The Public Art Committee has identified Discovery Park, Phase II as the site of Thank you! E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Public Art Easement Agreement 722 E. 2nd St. ADA COUNTY RECORDER Phil McGrane 2022-072463 BOISE IDAHO Pgs=10 CHE FOWLER 08/17/2022 09:23 AM RECORDING REQUESTED BY AND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 PUBLIC ART EASEMENT AGREEMENT: 722 E. 2nd Street, Meridian,Idaho This PUBLIC ART EASEMENT A REEMENT ("Agreement") is made on this 16th day of August, 2022 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and the Meridian Library District, a public library district organized under the laws of the state of Idaho ("Grantor"). (City and Grantor may hereinafter be collectively referred to as "Parties.") WHEREAS,the Parties desire that public art murals will be incorporated into the Meridian community, and to that end, City will dedicate funds and contract with Andrei Krautsou, also known as Key Detail, for the design, installation, and/or maintenance of a public art mural at 722 E. 2nd Street, in Meridian, Ada County parcel no. R5672000870 ("Property"); specifically, on the south-facing exterior wall of the building located thereon; WHEREAS, rantor owns the Property, and has agreed to make it available to the City for the installation of a mural ("Mural")by Andrei Kratsou, also known as Key Detail ("Artist"), as generally depicted in the Task Order For Mural Installation between City and Artist, executed on June 28, 2022 and attached hereto as Exhibit A ("June 28, 2022 Task Order"); NOW, THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. GRANT OF EASEMENT. rantor conveys, grants and warrants to the City, its successors and assigns, an easement for the purpose of installing, maintaining, and exhibiting the Mural on and in the Property. Following Final Acceptance of the Mural as defined in the June 28, 2022 Task Order, the Mural shall be the property of City. 2. TERM. This Agreement, and the easement granted hereunder, shall be effective until 11:59 p.m. on September 30, 2031 unless extended by mutual agreement of the Parties. 3. RECORDATION. City shall record this Agreement in the land records of Ada County Idaho, and shall submit proof of such recording to rantor. For recording purposes, the legal description of the Property is: 1650 S 30' OF LOT 6 S 30' OF LOTS 7 & 8 INC BLK 6 MERIDIAN TOWNSITE#98037950#95017937. 4. TERMINATION. a. Termination by Grantor. This Agreement, and the easement granted hereunder, may be terminated by Grantor, at any time, upon thirty (30) days' written notice to City and EMORANDU OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 1 receipt of the City's written consent to terminate, upon Grantor's showing of any of the following: (1) That the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or (2) That the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or (3) That the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the Mural; (4) That Grantor's circumstances have materially changed and the continued existence of the easement or maintenance of the Mural substantially impedes Grantor's reasonable use and enjoyment of the Property. City shall not unreasonably withhold consent to termination upon Grantor's satisfactory demonstration of any of the foregoing conditions of termination. Grantor expressly agrees and warrants that if Grantor terminates this Agreement, Grantor shall be responsible for removing the Mural and restoring the Property to its prior condition, at Grantor's sole expense. Such removal and restoration shall occur within thirty (30) days of the termination of the easement, unless this period is extended in writing by the City. b. Termination by City. This Agreement, and the easement granted hereunder, may be terminated by City, at any time, upon thirty (30) days' written notice to Grantor, if City determines that Grantor has failed to substantially perform Grantor's obligations under this Agreement, or if City determines that the continued existence of the easement or maintenance of the Artwork is no longer desired or if City is unable to maintain the Artwork due to non-appropriation of funds. City expressly agrees and warrants that if City terminates this Agreement, City shall be responsible for removing or painting over the Mural and restoring the Property to its prior condition, at City's sole election and expense. Grantor shall allow City access to Property necessary to complete such removal or restoration. Such removal or restoration, if City so elects, shall occur within thirty(30) days of the termination of the easement, unless this period is extended in writing by Grantor. c. Expiration of Term. Upon expiration of the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City expressly agrees and warrants that City shall be responsible for removing or painting over the Mural within thirty (30) days of the expiration of the easement, unless this period is extended in writing by the Grantor. 5. MAINTENANCE AND REPAIR OF MURAL. During the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City shall have the sole right and responsibility to determine the need for, and to execute, all necessary maintenance and repair of the Mural and shall not interfere with the normal operations of Property or inhibit the public access to and use of Property's services. City may determine, in its sole discretion, that the Mural is damaged beyond feasible repair, and may remove or paint over the Mural, with thirty (30) days' notice to Grantor. Grantor shall notify City if Grantor perceives a need to maintain or repair the Mural. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 2 6. RIGHT OF ENTRY. City or City's contractor shall have the right to enter the Property during normal business hours, and at all other times with advance approval of the Grantor, for any and all of the purposes described in this Agreement. City shall provide Grantor at least forty-eight (48)hours' prior notice of such entry and receive written approval by Property Owner. 7. BINDING EFFECT. The easement granted in this agreement shall run with the land and shall be binding upon, and inure to the benefit, of the Grantor and the City, and their respective representatives successors or assigns, and/or any person or entity acquiring any right, title, or interest in the Property. 8. CONTRACTUAL RELATIONSHIPS;ASSIGNMENT. This Agreement does not designate either Party as the agent or representative of the other for any purpose whatsoever. The Parties are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of the other or to bind the other in any manner whatsoever. Neither Party shall assign this agreement without the prior written consent of the other. 9. NOTICE. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Grantor: City: Meridian Library District City of Meridian 1326 W Cherry Lane Attn: City Clerk Meridian ID 83642 33 E. Broadway Avenue Meridian ID 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. 10. NON-APPROPRIATION. Grantor acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. 11. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. 12.FORCE MAJEURE.Neither Party will be liable for failure to perform any duty under this Agreement where such failure is due to unforeseeable causes beyond such Party's control. Such causes may include, but shall not be restricted to, acts of God or nature, fire, flood, epidemic, strike, crime, natural disaster, or any order of any court or state or federal agency. 13. AMENDMENTS. No modification or amendment of the provisions of this agreement shall be effective unless in writing and signed by authorized representatives of the parties. 14. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 3 to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. 15. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. 17. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. 18. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Grantor relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Grantor, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. 19. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 20. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 4 22. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved by the Meridian Library District Board of Trustees and the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. GRANTOR: "-:h��CL/V) Ct.� Megan L s n, President, Board of Trustees Meridian Library District STATE OF IDAHO } ss County of } �^ I HEREBY CERTIFY that on this n,\_day of ,2022,before the undersigned, a Notary Public in the State of Idaho, personally appeared MEGAN LARSEN, oven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above��¢qC;j�'/ N Q T RO� Notary Public for Idaho Residing at ,Idaho %,9j•'•�:°:6�� ��� My Commission Expires: \ �'� CITY OF MERID till" �\\, BY: Attest: Robert E. Simison, Mayor 8-16-2022 Chris Johnson, City Clerk 8-16-2022 STATE OF IDAHO } : ss County of Ada } I HEREBY CERTIFY that on this 16th day of August 2022 before the undersigned,personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, 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 seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2028 MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 5 KYhibit A TASK ORDER FOR MURAL INSTALLATION This TASK ORDER FOR MURAL INSTALLATION("Task Order") is made this 20th day of June , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), Andrei Krautsou, also known as Andrey Kravtsov, also known as Key Detail, ("Artist"), an individual whose address is 400 W 37"Street, Apt 9A New York, NY 10018. WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS,City and Meridian Library District ("Owner") have entered into a Memorandum of Agreement for Design and Installation of Mural, by which Agreement Owner has agreed to allow City to install a public art mural at 22 E. 2nd Street, in Meridian, Idaho, Ada County parcel no. R5672000870 ("Property"); specifically, on the south-facing exterior wall of the building located at Property; WHEREAS,Artist has created a mural design that will establish a sense of place and local identity in downtown Meridian, and will beautify public space, and Owner wishes to invite Artist to install the mural, as designed, on the south-facing exterior wall of the building located at Property, pursuant to the Memorandum of Agreement for Design and Installation of Mural entered into by Owner and City; WHEREAS, Owner has approved the mural design that was submitted and would like to move forward with installation, per the letter attached in Exhibit A hereto; NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall install, on the south-facing exterior wall of the building located at Property, a large-scale, painted mural installation as depicted in Exhibit B hereto ("Mural"). Artwork installation shall comply in all respects with this agreement, with any and all applicable established industry standards, engineering standards, and with all established policies and ordinances of the City of Meridian. 11. COMPENSATION. A. Total amount.The total payment to Artist for services rendered under this Agreement shall be four thousand, three hundred dollars ($4,300.00). This amount shall constitute full compensation for any and all services, travel, transportation,materials,fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE I provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: I. Timeline: $1,300.00 shall be due to Artist within thirty (30) days of Artist's delivery of a detailed timeline for installation of the Mural, describing the estimated date of completion of each phase of the installation process. 2. Final Completion: $3,000.00 shall be due to Artist within thirty (30) days of upon Final Completion, which shall be defined as: b. Complete installation of the completed Mural, as confirmed by City and Owner; c. Final inspection and written approval of the installation of the Mural by City and Owner; d. Artist's submission to City of a recommended maintenance plan for the Mural; and e. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the City Attorney's Office, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Mural. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. by July 1, 2022: Artist shall deliver to City a detailed timeline for installation of the Mural. 2. By 5:00 p.m. by September 10,2022: Artist shall deliver to City a completely installed Mural, as defined herein and as approved in writing by City and Owner; 3. By 5:00 p.m. by September 16,2022: Artist shall deliver to City: a. Written recommended maintenance plan for the Mural; and b. Signed acceptance agreement. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. Iv.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement apply and are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Owner's and City's designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval under this Agreement. Any PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE 2 Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: Nick Grove, Assistant Director Meridian Library District nick@mld.org 208-888-4451 2. City: Cassandra Schiffer, Arts and Culture Coordinator City of Meridian cschiffer@meridiancity.org 208-884-5533 C. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. ARTIST: V Andrei Kra tsou/Andrey Kravtsov, also known as Key Detail CITY OF MERIDIAN: 1 SF T Attest: Robert E. Sim ayor 6-28-2022 Chris Jolfnson, City Clerk 6-28-2022 PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE 3 Exhibit A meridian I l*ifi library district Hello Cassandra and the City of Meridian, As a library district we have been pleased to work with the City of Meridian, the city's Arts Commission, and the mural artist in finding a work of art to be installed on the facade at our unBound branch. This addition of color and vibrancy are very welcomed to our city's downtown core and will further help in activating the downtown experience. Many hours and months have been spent bringing this to fruition, we are very excited to see this project continue forward. The Meridian Library District would like to thank the artists for the willingness to work with us on finding a mural design that was as unique and inviting as the unBound branch that it will be painted onto later this year. It is with great pleasure that I'm able to officially send over this letter of approval from the Meridian Library District to move forward with mural design for the SW facing corner of the unBound Business and Technology Library located at 722 E. 2nd St. in Meridian. This design is truly amazing and again we want to say thank you thank you for your patience and hardwork! All the best, Nick Grove Assistant Director Meridian Library District EXHIBIT B MURAL DESIGN CONCEPT PROFESSIONAL SERVICES TASK ORDER-MURAL INSTALLATION PAGE 5