Grant and Declaration of Easement with Kimball Properties Limited Partnership for El Dorado Business CampusADA COUNTY RECORDER J. DAVID NAVARRO 3
BOISE IDAH011117103 09;52 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED-REQUEST OF
Meridian City 1 D31 X3119
AMOUNT .00
GRANT AND DECLARATION OF EASEMENT
Date: ~C' ~ ~Y Z ~~
1. GRANT AND DECLARATION. Kimball
Properties Limited Partnership, an Idaho general
partnership ("Grantor Declarant"), is the owner of
the property comprised of all of Lots 1 through 7
in Block 1 of Bonito Subdivision, according to the
official plat thereof as filed in the records of Ada
County, Idaho ("Property"). Bonito Subdivision is
also known as EI Dorado Business Campus, and
is referred to herein as the Project. Grantor
Declarant hereby grants to the City of Meridian,
Ada County, Idaho ("Grantee"), a permanent
pedestrian pathway easement upon the following
terms, and hereby declares that the Property is
and shall be subject to the mutual easements
and covenants contained herein, which shall run
with the land and each estate therein and shall
forever be binding upon and inure to the benefit
of all persons and legal entities having or
acquiring any interest in the Property or portion
thereof.
shall be allowed, provided that access by
handicapped persons using motorized
wheelchairs or comparable equipment is
permitted. Permitted uses do not include
horseback riding, or the use of motorized
vehicles except as necessary for access by law
enforcement and emergency personnel, or for
construction, maintenance or repair of the
pathway and related improvements. Each lot
owner shall have the full right of ownership to
that portion of the Easement Area lying within its
parcel not inconsistent with the terms hereof.
4. INITIAL IMPROVEMENTS. Grantor
Declarant shall at its cost construct an asphalt
pathway and landscaping as required by the City
of Meridian. Such improvements shall be
completed prior to issuance of the first
occupancy permit for any building south of
Copper Point Drive or by the opening of the
future City Park located west of Bonito
Subdivision, whichever occurs first.
2. EASEMENT AREA. The Easement Area is
comprised of (a) a strip of land 20 feet wide
parallel to, and offset to the north by 45 feet
from, the southern boundary of Lots 1 and 2 in
Block 1 of said subdivision; and (b) a strip of
land 30 feet wide parallel to, and offset to the
north by 50 feet from, the southern boundary of
Lots 4 through 7 in Block 1 of said subdivision,
as shown on Exhibit A hereto.
3. PERMITTED USES. The Easement Area
shall be used as a landscaped pedestrian
pathway, and Grantee shall be permitted to
make the pathway available to the public without
charge, subject to the provisions of Idaho Code
§36-1604. Permitted uses of the pathway are
limited to walking, jogging and riding bicycles; no
non-human-powered vehicles or devices
5. MAINTENANCE. The City of Meridian shall
at its cost maintain the asphalt pathway in good
condition, and the EI Dorado Owner's
Association ("Association"), as established
pursuant to the Declaration of Covenants,
Conditions and Restrictions for EI Dorado
Business Campus ("Restrictive Covenants"),
shall at its cost maintain the landscaping within
the Easement Area in good condition as
provided in the Restrictive Covenants.
6. ENFORCEMENT. This Easement may be
enforced by the City of Meridian, Grantor
Declarant, or the Association.
This space intentionally left blank.
GRANT AND DECLARATION OF EASEMENT -Page 1
7. TERMINATION, AMENDMENT. This
easement may not be amended or terminated
except in writing signed by the City of Meridian
and the Association. There is hereby reserved in
favor of the Association the right to maintain the
Easement as a private easement in favor of its
members in the event of the abandonment or
termination of the Easement by the City of
Meridian.
CITY OF MERIDI !/-- KIMBALL PROPERTIES LIMITED
PA TN H P
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_ p~,~ f, ~,..t~ ~ ~Pt~~thorized Rep sent ve
ttested by William G. B g, ity Clerk ~~.~~,~~1 ~~;, ~,,~
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City Council approved on: ll' y '~3 ~ ~~' o
State of Idaho ) - $~;~~
ss. 9 oM
County of Ada ) '~~9~ Gc~ST ~s~ ~°' .~~~:~
On this ~l'~ day of DEC , 2(~0,~~rg,.{rig, t1~Pi~i~dersigned, a Notary Public in and for
said State, personally appeared Winston H. Moof~s;kr%~wh,,0{',~ntified to me to be a partner of Kimball
Properties Limited Partnership, a partnership, and he'duly acknowledged to me that he executed the
withi instrument on behalf of said partnership and that said partnership executed the same.
~~p11111U~~llh
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Notary Public for I aho ~~ '•.~
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State of Idaho )
ss.
County of Ada )
On this ~~ day of N~ ~ ~l~ ~~Z , 2003, before me, the undersigned, a Notary Public in and for
said State, personally appeared~~~e~~~~;~nd William G. Berg, known or identified to me to be the
(~j,~u~~~1G~1 =A~4ayeFand City Clerk, respective((''y``, oi`t i y o eridian, Idaho, and they duly acknowledged to me that
~r~`~.~~ti{ they executed the within instrument on behalf of the City of Meridian, and that the City of Meridian
executed the same.
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GRANT AND DECLARATION OF EASEMENT -Page 2
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EAGLE RD
W.H. MOORE 600NSTEELHEAD-#144
PO BOX 8204 RIDENBAUGH PATHWAY EASEMENT
C O M P A N Y BOISE IDAHO 83707 08-20-03
Rea/ Estate Deve/o ment TEL 208-323-1919 AT EL DORADO BUSINESS CAMPUS
P FAX 208-323-7523
Meridian City Council
November 5, 2003
Page 4 of 76
F. Non-Development Agreement: AZ 02-028 Cedar Springs North
Subdivision for Lot 18 Block 13:
G. Water Main Easement for Idaho Banking Companv:
H. Sewer Main Easement for Idaho Banking Companv:
I. Streetlight Agreement for Cobblefield Crossing No. 1:
J. Streetlight Agreement for Baldwin Park No. 3:
L. Lease for Fire Safe House between the Meridian Fire
Department and the Meridian Rural Fire Protection District and
Joint School District No. 2:
M. Public Pedestrian Easement along Ridenbaugh Canal for EI
Dorado Business Campus:
N. Approve Bills:
De Weerd: Item Number 3 is the Consent Agenda.
Bird: Madam President?
De Weerd: Mr. Bird.
Bird: I would move that we approve the Consent Agenda with one exception. Item
Number K needs to be moved to 5-K on the Regular Agenda, because there are some
questions we have got to -- need answered on that. I believe our Parks Department is -
- (thought -- yes. She's here, so -- we move that to 5-K and that the Council President
sign and the Clerk attest to all proper papers.
De Weerd: Okay. Do I have a second?
Nary: Second.
De Weerd: Okay. It's been moved and seconded to approve the Consent Agenda, with
the exception of moving Item 3C to five -- or 5-K -- or 3-K to 5-K.
Bird: 5-K.
De Weerd: And ask the Council President to sign and Clerk attest. Mr. Clerk, will you
call roll.
Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye.
Meridian City Council
November 5, 2003
Page 3 of 76
Bird: Yes. If they so require. Yes.
De Weerd: Okay. Second agree?
Nary: I would agree. Just because I didn't hear, just to be sure, so on 16 and 17 what
heard Mrs. Powell say is we were going to keep it on the agenda --
Bird: We are going to keep that on the agenda.
Nary: Okay. Great.
De Weerd: Okay. Well, it's been moved and seconded to approve the agenda as
amended. All those in favor say aye. Okay. All ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. Approve minutes of October 21, 2003 City Council Regular
Meeting:
B. Continued from October 28, 2003: Findings of Fact and
Conclusions of Law for Approval: AZ 03-019 Request for
annexation and zoning of 16 acres from RUT to R-8 zones for
proposed Highqate Subdivision by Harris Homes, LLC - 2700
North Meridian Road:
C. Continued from October 28, 2003: Findings of Fact and
Conclusions of Law for Approval: PP 03-023 Request for
Preliminary Plat approval of 74 building lots and 10 other lots on
15.68 acres in a proposed R-8 zone for proposed Highqate
Subdivision by Harris Homes, LLC - 2700 North Meridian Road:
D. Continued from October 28, 2003: Findings of Fact and
Conclusions of Law for Approval: CUP 03-039 Request for a
Conditional Use Permit for single-family residential Planned
Development with a mix of attached and detached housing in a
proposed R-8 zone for proposed Highqate Subdivision by Harris
Homes, LLC - 2700 North Meridian Road:
E. Development Agreement: AZ 02-028 Request for annexation
and zoning of 81.54 acres from RUT to R-8 and L-O zones for
proposed Cedar Springs North Subdivision by Howell-Murdoch
Development Corporation -south of West McMillan Road and west
of North Meridian Road: