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Public Pathway Easement with Eagle Springs Investements, LLC for Highgate SubdivisionADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE IDAHO 09/03/04 10:46 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIVI'I'IIIII VIII RECORDED-REQUEST OF 141137?6 Meridian Cily Public Works PUBLIC PATHWAY EASEMENT This agreement made and entered into on this ~ day of , 2004, between Eagle Springs Investments LLC, an Idaho Limited Liability Corpora on, whose address is 10632 N. Sagecrest, Boise, Idaho 83703, 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 Pathway is located within the Common Area in Lot 29, Block 4, of Highgate Subdivision Phase 2, as record in Book of Plats at Page , records of Ada County, Idaho and Landscape Plan. WHEREAS, the Grantee required as a condition of approval, that the Grantor deed or convey ownership of the pedestrian pathway within its development to the Grantee upon completion of the pathway construction, and which was noted on the Plat as referenced above. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for the Pathway, located within the Common Area in Lot 29, Block 4, of Highgate Subdivision Phase 2 as referenced above, for the maintenance, use, repair, and operation of said pathway 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 PUBLIC PATHWAY EASEMENT AGREEMENT , PAGE 1 OF 4 p~~m~1, pf 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 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 Highgate Subdivision 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: Eagle Springs Investments LLC 10632 N. Sagecrest Pl. Boise, Idaho 83703 PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 2 OF 4 GRANTEE: City of Meridian 33 East Idaho Meridian, Idaho 83642 P~- 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 Pathway Easement the day and year first above written. GRANTOR: By: Peter Harris, Member By: GRANTEE: CITY OF MERIDIAN ---._. Mayor T de Weerd C`` 1~GOrwoR,q ~ ~'L '%' r - REAL By: _ oM illiam~G~.~Berg, Jr., Cit Cl r~ Gc ,~~ ., ~" \ \ ~ /~ F P~ `ter O f''~~ cOt,-cVT~I ~ ~ ~•• PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 3 OF 4 ~~ STATE OF IDAHO, ) ss: County of undersigned, a Notary Pub , p y pp ~~~e~- ~ ~ i-i s AND ,known or identified to me to be the ~a.w ~ ,~ ,,,,,,,~e~ and for - ~ and whose names are subscribed to the within instrument, and cknowledged to me that they executed the same for ~a_~ (P ~or'i --~ s ~ vP S--E yr. e~ s~LLL . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yea~;>; ~~ ~~~cnertificat ••~ 4p L. 08 (SEAL) ? ~ 1'' ~* M~ pUBL1G ~y'ra OF i9~~o .._ STATE OF IDAHO, ) ss: County of Ada, ) first above written. ~~~~ tary Public for Idaho Residing at:`~o use , - ~ _ My Commission Expires:~z ~ ~ v On this ~ day of ~+~ , 2004, before me, the undersigned, a Notary Public in and for sa d 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. •P•~11CF' L• S •'•. (SEAL) ~iOT,~ 4 * ~r ~` ~n AVBI.iC ~: ,~', 9 ~'••.... ,gyp 0~~• N ary blic for Idaho > > sidi gat: J r, ~ I ~ K ommission Expires: d ~ d7 Z:\Work\M\Meridian\Meridian 15360M\Public Works\PUBLIC PATHWAY EASEMENT\PUBLIC PATHWAY EASEMENT.doc On this 30~ day of 5~ , 2004, before me, the lic in and fo said State ersonall a eared PUBLIC PATHWAY EASEMENT AGREEMENT PAGE 4 OF 4 Page ~,._,_ IDAHO SURVEY GROUP Project No. 03-112 Easement 1 High Gate Subdivision City of Meridian Micro-path Easement 1450 East Watertower St. Suite 150 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 February 24, 2004 A parcel of land located in Government lot 5 of Section 6, T. 3N., R.lE., B. M., Ada County, Idaho, more particularly described as follows: Commencing at the West '/4 corner of said Section 6, form which the Northwest corner of said Section 6 bears North 00°17' 16" East, 2658.29 feet; Thence North 00°17'16"East, 829.11 feet; Thence North 89°43'38" East, 440.22 feet; Thence North 53°50'43"East, 186.44 feet to the REAL POINT OF BEGINNING. Thence North 36°09' 17" West, 100.00 feet; Thence North 53°50'43" East, 12.00 feet; Thence South 36°09' 17" East, 100.00 feet; Thence South 53°50'43" West, 12.00 feet to the Point Of Beginning Easement 2 A parcel of land located in Government lot 4 of Section 6, T. 3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said section 6, from which the West'/a corner of said Section 6 bears South 00°17'16"West, 2658.29 feet. Thence South 00°17'16"West, 1329.19 feet to the North 1/16 corner; Thence North 89°43'38"East, 411.39 feet; Thence North 1°13'23"West, 246.78 feet to the REAL POINT OF BEGINNING. Thence continuing North 1°13'23"West, 61.03 feet; Thence South 67°27' 14" East, 48.99 feet; Thence South 85°39'01" East, 72.50 feet; Thence North 88°07'00" East, 67.45 feet; Thence North 80°27'34" East, 80.49 feet; Professional Land Surveyors Pa6~~..,. Thence North 63°05'39" East, 54.14 feet; Thence North 44°OS' 12" East, 70.58 feet; Thence North 32°55' 12" East, 131.51 feet; Thence North 44°42' 12" East, 53.40 feet; Thence North 51 °02' 12" East, 73.43 feet; Thence South 42°08'37" East, 13.40 feet; Thence 31.42 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 90°00'00", and a long chord bearing South 2°51'23" West, 28.28 feet; Thence South 47°51'23" West, 32.36 feet; Thence 58.03 feet along the arc of a curve to the left, having a radius of 70.00 feet; a central angle of 47°29'46", and a long chord bearing South 24°06'30" West, 56.38 feet; Thence South 00°21'37" West, 69.40 feet; Thence North 89°38'23" West, 68.67 feet; Thence South 37°15'31" West, 35.06 feet; Thence South 37°O1' 12" West, 49.66 feet; Thence South 46°06'05" West, 55.00 feet; Thence South 51°26'41" West, 32.50 feet; Thence South 78°53'09" West, 54.07 feet; Thence South 88°46'37" West, 248.83 feet to the Point Of Beginning. Prepared By: ~:; ~ 4 4 31 p 4f ~~ D. Terry Peugh ~~Y p~~ Idaho Survey Group, P.C. Pa~e.~.Q._pf,,,~ Mai 1 1 204 10: 27AiM MUI`RGER EIYG I VEER I MG, Ii'(C . 4268319 P- ~ 4~~ ~~~. ~' ~~ ~ ~~ y ~~ ~~~~. ~~ ~~ ~ ~~ ~ ll~ ~ ~~~~ i~ ~ ~`~~~~ ~~ r~ ~ ~ ~ ~ ~ ~~~ ~ ~~ x~ ~~~ ~~ ~ E . ~~ ~ ~~ ~,~~. ; ~~~ R ~F ~ ~~ p ~+x. ~, MOYIrU11Y ~ uur ~ ~ }~~ ~~ ~~ e~ ~~ ~~~~~~,~~s~~ ~, fig., a~..1 ti ~~~ r ~;~ es ~~ ~"~ ~~ c~ ~ a ~ ~ ~~ ~, ,~ s~--~ __ - _ -. ~;~ i ~¢ ~~m c ~~ ~ ~- ; a ~~ ~# ~ f. ,~~ ~ t ,- ~,~ ~ ~ a m~ ~, ' : = p +, ~~ ~. e~ s ~~~ ~~~ a ~. .r.^.~` ~,~ _ ~ w $`~ . . ~"-~ Nd wa ,ye ..,~1 ,~ V S ~ ~ ~~~. ~. ~„ r~1 ~~ ~' _ .~ a ~ ;~ ~~ , e, .t~~ ~ l i, ,,,J f '~j( 1 j Meridian City Council July 6, 2004 Page 2 of 62 and their families into your lands for care and protection. Lord, protect also our local fire, emergency, and police personnel who work hard to keep us, our families, and our property safe. I claim Psalms 91. Surely he will save you from the fowler's snare, from the deadly pestilence. He will cover you with his feathers and under his wings you will find refuge. His faithfulness will be your shield and rampart. You will not fear. Now, Father, I thank you for the leaders you have provided us here in Meridian, Mayor de Weerd, the Members of the City Council, the other city leads and staff and the many community leaders who help make our city a caring and prosperous place. Give our leaders a humble wisdom. Keep their hearts pure. Carry their many burdens as they lay them at your feet and continually teach them to serve us well as they lead. Bless these proceedings. May our words, thoughts, and hearts honor you. Psalm 27. Some trust in chariots and some in horses, but we trust in the name of the Lord, our God. Amen. Item 4: Adoption of the Agenda: De Weerd: Joe, I'd like to thank you as well with a pin. Thanks for joining us. Thank you all for joining us here tonight. I just got back into town, so I'm still trying to get back on my Mayor's hat. I have been in Holland and so it's great to be back. We will go onto Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have a request for department -- under department reports, Item D, the city engineer Brad Watson would like to discuss the north sewer and we have been requested by CMD, Incorporated, to continue Item 17 until July 20th, 2004, which we can do at -- when that comes forward. And with that I would move that we approve the revised agenda. Nary: Second. De Weerd: It's been moved and seconded to approval the agenda. My goodness, when I leave town you sure make a long agenda. What went on? Okay. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of June 1, 2004 Pre-Council Meeting: B. Approve Minutes of June 8, 2004 Pre-Council Meeting: C. Approve Minutes of June 15, 2004 Pre-Council Meeting: Meridian City Council July 6, 2004 Page 3 of 62 D. Approve Minutes of June 15, 2004 City Council Regular Meeting: E. Continued from June 22, 2004: 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: F. Findings of Fact and Conclusions of Law for Approval: RZ 04- 006 Request for a Rezone of 16.1 acres from R-4 to R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. - east of South Eagle Road and north of East Victory Road: G. Findings of Fact and Conclusions of Law for Approval: PP 04- 009 Request for Preliminary Plat approval of 79 single-family residential building lots & 8 common lots on 16.1 acres in proposed R-8 zone for Sutherland Farm Subdivision No. 4 by Sutherland Farm, Inc. -east of South Eagle Road and north of east Victory Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 04-009 Request for modification of the original Conditional Use Permit for a Planned Development to allow the elimination of five office lots and the addition of 47 single-family lots in addition to the 32 residential lots previously approved for a total of 79 single-family lots for Sutherland Farm Subdivision No. 4 with request for reduction to the minimum requirements for lot size, street frontage and front yard setbacks by Sutherland Farm, Inc. -east of South Eagle Road and north of east Victory Road: I. Findings of Fact and Conclusions of Law for Approval: PFP 04-005 Request for Preliminary Final Plat approval for the re- subdivision of Lot 10 and portions of Lots 9 and 11, Block 11 into 3 building lots on 3.46 acres in a C-G zone for Coaaerpoint Subdivision by Larson Architects -east of South Eagle Road on the south side of East Copperpoint Drive: J. Findings of Fact and Conclusions of Law for Approval: MI 04- 002 Request for removal from the City of Meridian's area of impact for Fred Schuerman by Fred Schuerman - west of North Cloverdale Road and north of East Fairview Avenue: K. Findings of Fact and Conclusions of Law for Approval: CUP 04-010 Request fora Conditional Use Permit fora 100-foot monopole communications tower in a C-G zone for T-Mobile by T- Meridian City Council July 6, 2004 Page 4 of 62 Mobile /Terry Cox -southeast corner of East Overland Road and South Eagle Road: L. Findings of Fact and Conclusions of Law for Approval: PP 04- 010 Request for Preliminary Plat approval for 6 commercial building lots on 5.23 acres in a L-O zone for Valencia Plaza Subdivision by Aspen Grove Development, LLC -east of South Locust Grove Road and south of East Overland Road: M. Development Agreement: AZ 03-027 Request for Annexation and Zoning of 140.97 acres from RUT to R-4 zones for proposed Saguaro Canyon Estates Subdivision by Farwest, LLC -north side of East McMillan Road and east of North Meridian Road: N. Temporary Easement Contract for the 2004 Waterline Improvement Proiect, Eagle Road Waterline Extension: O. Leadership Scan Contract with AspireOn: P. License Agreement for Centennial Park Parking Maintenance: Q. Approve Beer and Wine License for Andrades Restaurant - 2031 East Fairview Avenue: R. Public Pathway Easement for Highgate Subdivision by Eagle Springs Investments, LLC: S. Water System Improvements -Linder Road (Overland and I- 84): T. Approve Bills: U. WWTP Recoating Clarifiers #1 and 2: V. Emergency Response Plan (ERP) -Contract with HDR: De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Wardle: Second. Meridian City Council July 6, 2004 Page 5 of 62 De Weerd: It's been moved and seconded to approve the Consent Agenda. Any further discussion? Mr. Clerk, will you call role. Roll-Call: Bird, yea; Rountree, absent; Wardle, yea; Nary, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Parks Department -Doug Strong 1. Land Lease Agreement with Ken Hamilton: De Weerd: Thank you. Okay. Item 6, we will start with Department Reports, the Parks Department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. Before you tonight is an agreement with Meridian Speedway. Several weeks ago Councilman Bird brought to my attention that this particular lease agreement had expired and needed to be renewed, so that's why it's before you tonight. Since that time I have requested that our city attorney Mr. Nichols review the agreement to see if there is anything that we need to change and have just a few recommendations that I would like to make and, then, with your guidance proceed with renewing the lease and getting it underway. First recommendation would be to put the lease in more current format for agreements that we are currently using. The second one would be to add some language about who is responsible for any hazardous material spills or oil spills on the site. And, then, third, just keep the length of the lease to a five-year period, renewable -- or with payment annual for the lease and, essentially, keep it the same, unless there is other recommendations by the Council. De Weerd: Council, any questions or comments for Mr. Strong? Bird: I have none, except that it's not with the Meridian Speedway, .the lease is with Kenny Hamilton Productions I believe it is. It's Kenny himself. Strong: That's correct. I stand corrected. De Weerd: Any other comments. Mr. Hamilton? Did you have anything you wanted to say? Hamilton: No. De Weerd: No? Okay. Thank you. Bird: Madam Mayor?