Public Pathway Easement with Clearbrook LLC for Clearbrook Estates SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 08/24104 11:20 AM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 14108667
Meridian City Public Works
PUBLIC PATHWAY EASEMENT
This agreement made and entered into on this ~_ day of U`S ,
2004, between Clearbrook LLC, an Idaho Limited Liability Company, whose address is
PO Box 6290 Boise, Idaho 83707, hereinafter referred to as "Grantor", and City of
Meridian, an Idaho Municipal Corporation, whose address is 33 East Idaho Street,
Meridian, Idaho 83642, hereinafter referred to as "Grantee".
WHEREAS, Grantor is the owner of a development on which a portion of the
South Slough Pathway is located on the north side of the South Slough, which is a
Blanket easement located within the Common Area in Lot 24, Block 1, of Clearbrook
Estates Subdivision within the Plat and Landscape Plan, and which is more specifically
described in Exhibit A and incorporated herein by this reference.
WHEREAS, the Grantee required as a condition of approval, that the Grantor
deed or convey ownership of the pedestrian pathway known as the South Slough Pathway
within its development to the Grantee upon completion of the pathway construction, and
which South Slough Pathway was noted on the Plat of the Landscape Plan.
NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the
South Slough Pathway, which is a Blanket easement located within the Common Area in
Lot 24, Block 1, of Clearbrook Estates Subdivision within the Plat and Landscape Plan,
for the maintenance, use, repair, and operation thereof, and which pathway is more
specifically described in Exhibit A and incorporated herein by this reference.
PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 1 OF 4 ;=~er~ =c
The Grantee shall be permitted to make the pathway available to the public
without charge for recreational uses as contemplated by Idaho Code §36-1604. The
authorized uses of the pathway are limited to walking, jogging, inline skating, riding
bicycles, and other human powered devices, no non-human-powered vehicles or devices
shall be allowed, except access by handicapped persons with motorized wheelchairs or
comparable equipment for access by handicapped persons only. Authorized uses shall
not include horseback riding, hunting, or the use of motorized vehicles except for
necessary access by law enforcement personnel or for construction, maintenance or repair
work by the City of the pathway or related improvements.
The Grantee shall enforce its anti-littering ordinances, provide waste receptacles,
and take other reasonable actions within its authority to prevent litter, trash or other
material to gather or be deposited on or along the pathway authorized pursuant to this
agreement. In the event any entity requires a license agreement with the Grantee
regarding the pathway, if the pathway is to be maintained by the Clearbrook Estates
Property Owner's Association and not Grantee, then said Property Owner's Association,
as the successor to Grantor regarding ownership and maintenance of common areas, shall
enter into an indemnity agreement with Grantee regarding Grantee's maintenance and
liability responsibilities.
Any and all notices shall be hand delivered or, if sent by mail, shall be certified,
postage prepaid, return receipt requested, addressed to the parties as follows:
GRANTOR: GRANTEE:
Clearbrook LLC City of Meridian
PO Box 6290 33 East Idaho
Boise, ID 83707 Meridian, Idaho 83642
PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 2 OF 4 ES~ 1
This Easement shall be perpetual from the Grantor, its heirs, its successors or
assigns, to the Grantee. This Easement shall be binding upon the Grantor, its successors
and assigns, and inure to the benefit of the Grantee and its successors and assigns, and
shall run with the land.
IN WITNESS WHEREOF, the parties hereto have executed this South Slough
Pathway Easement the day and year first above written.
GRANTOR:
By: '
GRANTEE:
CITY OF MERIDIAN
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SEAL illiam G. Berg, Jr., Ci Clerk ', rr~~
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PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 3 OF 4
STATE OF IDAHO, )
ss:
County of
On this _~~ day of _ ~~x, ~ , 2004, before me, the
undersigned, a Notary Public in and for said State, personally appeared
'~"r' y~,~~~,,_, ~ _ ~, known or identified to me to be the, and whose name is
subscrlbed to the within in trument, and acknowledged to me that they executed the same
for ~~4 ~G~r~~ ~a ~j ~L
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
SEAL ~.•'`~,,,,~~N«.BRO~~-.~~~
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STATE OF IDAHO, )
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County of Ada, )
otary Publl for Idaho
Residing at ~7~-,.,~~,y
My Commission Expires:
On this ,~,Z ~ day of J ~~e , 2004, before me, the
undersigned, a Notary Public in and for said State, personally appeared TAMMY de
WEERD and WILLIAM G .BERG, JR., known or identified to me to be the Mayor and
City Clerk, respectively, for City of Meridian, and the persons whose names are
subscribed to the within instrument, and acknowledged to me that they executed the same
on behalf of the City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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Z:\Work\M\Meridian\Meridian 15360M\Public Works\PUBLIC PATHWAY EASEMENT\PUBLIC PATHWAY EASEMENT.doc
PUBLIC PATHWAY EASEMENT AGREEMENT
PAGE 4 OF 4 F~B~~
EXHIBIT "A"
DESCRIPTION FOR
PATHWAY EASEMENT
PROPOSED CLEARBROOK ESTATES SUBDIVISION
MAY 2fi, 2004
EASEMENT FOR PUBLIC PATHWAY IN PROPOSED CLEARBROOK ESTATES
SUBDIVISION, LYING IN THE NE'!, OF SECTION 1, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, MERIDIAN, ADA COl1NTY, IDAHC}, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 1, T. 3 N., R. 1 W.,
B.M., THENCE S 0°16'22" W 1957.96 FEET ALONG THE EAST LINE OF SAID
SECTION 1 TO A POINT; THENCE N 89°27'21" W 48.00 FEET TO THE SOUTHEAST
CORNER OF LOT 24, t3LOCK 1, OF PROPOSED CLEARBROOK ESTATES
SUBDMSION, THE RF_AL POINT OF t3EgNNING ~ THIS EASEMENT
DESCRIPTION;
ALONG THE BOUNDARY OF LOT 24, STOCK 1, OF PROPOSED CLEARBROOK
ESTATES SUBDIVISION AS FOLLOWS:
THENCE N 89°2721" W 1653.63 FEET TO THE SOUTHWEST CORNER OF LOT 24,
BLOCK 1, OF PROPOSED CLEARBROOK ESTATES SUBDIVISION;
THENCE N 0°06'12" E 22.57 FEET TO THE NORTHWEST CORNER OF LOT 24,
BLOCK 1, OF PROPOSED CLEARBROOK ESTATES SUBDIVISION;
THENCE S 89°35'21" W 1653.57 FEET TO THE NORTHEAST CORNER OF LOT 24,
BLOCK 1, OF PROPOSED CLEARBROOK ESTATES SUBDIVSION;
THENCE S 00°18'22" W 26.42 FEET TO THE REAL PAINT OF BEOINNINt3 OF THIS
EASEMENT DESCRIPTION.
WAYNE BARBER
30101-1otZ4
P.L.S. 8444
~~~~
Meridian City Council
June 22, 2004
Page 2 of 29
Item 4: Adoption of the Agenda:
Nary: Thank you very much, Pastor, for being here tonight. Our next item on the
agenda is the adoption of the agenda.
Bird: Mr. President?
Nary: Mr. Bird.
Bird: We have one deferral in the Consent Agenda, Item F, which we will take care of
that in the Consent Agenda and other than that, I believe that's the only thing that
changes, so I move that we approve the revised agenda.
Rountree: Second.
Nary: It's been moved and seconded to adopt the agenda as presented. All those in
favor say aye.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 18, 2004 Pre-Council Meeting:
B. Approve Minutes of May 25, 2004 Pre-Council Meeting:
C. Approve Minutes of June 8, 2004 City Council Regular Meeting:
D. Findings of Fact and Conclusions of Law for Approval: MI 04-
004 Request for a Miscellaneous request for an amendment to the
Development Agreement for Resolution Subdivision No. 1 by
Aspen Grove Development, LLC -south of East Overland Road at
Celebration Avenue and Gala Street:
E. Findings of Fact and Conclusions of Law for Approval: PFP
04-004 Request for Preliminary Final Plat approval of 2 building lots
on 2.3 acres in an I-L zone for Haztech Subdivision by Pinnacle
Engineers, Inc. - 475 North Linder Road:
F. Findings of Fact and Conclusions of Law for Approval: AZ 04-
008 Request for Annexation and Zoning of 5.22 acres from RUT to
C-G zone for Magic View Court by Larry Hellhake - 2855 Magic
View Drive:
G. Findings of Fact and Conclusions of Law for Denial: RZ 04-
004 Request for a Rezone of 9.47 acres from R-4 to L-O and R-15
Meridian City Council
June 22, 2004
Page 3 of 29
zones for Southwoods Subdivision by Calderwood Community,
LLC - 2090 South Meridian Road:
H. Findings of Fact and Conclusions of Law for Denial: PP 04-
007 Request for Preliminary Plat approval for 15 building lots (14
office and 1 residential) and 1 common lot on 9.47 acres in
proposed R-15 and L-O zones for Southwoods Subdivision by
Calderwood Community, LLC - 2090 South Meridian Road:
I. Findings of Fact and Conclusions of Law for Denial: CUP 04-
008 Request for a Conditional Use Permit for a Planned
Development for office and assisted living in proposed R-15 and L-
Ozones for Southwoods Subdivision by Calderwood Community,
LLC - 2090 South Meridian Road:
J. Order Granting Remand to Planning and Zoning Commission:
AZ 04-005 Request for annexation and zoning of 5.27 acres from
RUT to R-4 zones for proposed Packard Acres Subdivision No.
3 by Packard Estates Development, LLC -south of East Ustick
Road and east of North Locust Grove Road:
K. Resolution No. Sale of Proaerty at
Public Auction:
L. Water Main Easement for Retail Building by Kimball Properties
(L6, B5 Bonito Subdivision):
M. Water Main Easement for Sierra Plaza by Kimball Properties
(L6, B4 Bonito Subdivision):
N. Streetlight Agreement for Lochsa Falls #8:
O. Streetlight Agreement for Paramount #1:
P. Streetlight Agreement for Paramount #3:
Q. Water Main Easement in Silverstone Business Camaus for
Citigroup:
R. Public Pathway Easement for Clearbrook Estates by
Clearbrook, LLC:
Nary: Next item is the Consent Agenda.
Bird: Mr. President?
Meridian City Council
June 22, 2004
Page 4 of 29
Nary: Mr. Bird.
Bird: On the Consent Agenda, Item F needs to be deferred to July 6, 2004, and Item K,
the resolution, it's the -- we have two in our packet and the first one is the one that we
are approving. And with that I move that we approve the Consent Agenda and for the
President to sign and the Clerk to attest on all proper papers.
Rountree: Second.
Nary: It's been moved and seconded to approve the Consent Agenda with the deferral
of Item F to July 6 and Resolution No. K on our agenda -- resolution number, Mr. Berg?
Is 04-4035. Moved and seconded. Mr. Clerk, Would you take roll, please.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Nary, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
Nary: Our next item on the agenda is department reports. I don't have any listed.
Thank you.
Item 7: (Items Moved from Consent Agenda)
Nary: No items were moved on seven from the Consent Agenda.
Item 8: FP 04-034 Request for Final Plat approval for 88 single-family residential
building lots and 25 common lots on 25.15 acres in an R-8 zone for
Settlement Bridge Subdivision No. 1 by Capital Development, Inc. -
south-east corner of North Locust Grove Road and East McMillan Road:
Nary: So, we are on Item 8, final plat, Settlement Bridge Subdivision No. 1, 04-034.
Ms. Powell.
Powell: We are moving fast today. This is the final plat for Settlement Bridge and it
includes 25 common lots on 25 acres in the R-8 zone. This, as you recall, is near
McMillan and Locust Grove and this is our first phase. This is the approved preliminary
plat. This is the proposed final plat. It is in substantial compliance with the approved
preliminary plat. Staff had just one outstanding concern and that was the fencing that
was going to be along the southern boundary in this location. It got quite a bit of -- well,
we will call it discussion. Mr. Yorgason received a fair amount of abuse regarding the
southern fencing and it was left open. The options that were discussed during the
hearings were a hedge link fencing, a wrought iron fencing, and vinyl fencing were
discussed as not a reasonable solution. Some of the owners wanted to be able to burn
along this property line, others wanted a nicer fence. So, it was left somewhat
unresolved. The applicant is proposing chain link with slats, which was never discussed