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Sanitary Sewer and Water Main Easement with Packard Estates Development LLC for Redfeather Estates No. 2,• • ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ; BOISE IDAH010120106 08:54 AM RECORDED°nREQUEST OF III IIIIIIIIIIIIIIIIilllllllllll III III Meridian City 105157245 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this "mot' day of ~ ~/~,, , 2005, between Packard Estates Development, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire 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 Grantors, and other good and valuable consideration, the Grantors do 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, its 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. C:\Documents and Settings\2004\O1\40101\EASMT.SWRWTR MAIN.doc • • THE GRANTORS hereby covenant and agree that they 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 GRANTORS hereby covenant and agree with the Grantee that, should any part of the right-of--way and easement hereby granted become part of, or lie within, the boundaries of any public street, then, to such extent suchright-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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: PACKARD ESTATES DEVELOPMENT, LLC Wirt Edmonds Managing Member STATE OF IDAHO ss County of Ada )~ On this ~' ~ day of h/ 005, before me, the undersigned, a Notary Public in and for said State, personally app d Wirt Edmonds, known, or identified to me to be Managing Member of the corpora o that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto and year fist above written. e®®~e~aemsesoso~®~,-,8, (SEAL) ~T~ ~ ®•®`~ •: w + }~ ~ ~ ~ 's P O ~®~ ~ . s j ~ ~ ;. ~ ~°UB~.ZG >, "~ •. e ~®O°q~~p ~ lase ~ P~,,~ hand and affixed official seal the day 'A Y PUBLLC FOR IDAHO_ Residing at:_ i Commission Expires: 4 C:\Documents and Settings\2004\Ol\40101\EASMT.SWRWTR MAIN.doc ~~- • • GRANTEE: CITY OF MERIDIAN '~. Tammy de Weerd, ~ ' o .. B~~L 9 Attest by William G. Ber ,City lerk ~ ~ T -~ ,'`~ ~~ Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this y~` day of ©~-~ 6~r , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, 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 first above written. ,~w~ ~ ~ ~' Z11 C E , L •• ~ ~ • •• (SEAL) ••. ti~~,..•»«.••s~~'•••. ~. i L ~1 • Yo O ~ ~ • * P . r: e ' ~ ~BLIC •' ~Y PUBLIC FOR IDAHO fission Expires: d y/~v/o7 C:\Documents and Settings\2004\Ol\40101\EASMT.SWRWTR MAIN.doc ~1~e1..~.....~7~ • • I QA~ O 1450 East Watertower Sc Suite 150 SURVEY Meridian, Idaho 83642 G RQ U P Phone (208) 84b-8570 1=ax (208) 884-5399 Project No. 01-108 December 17, 2004 DESCRIPTION FOR MERIDIAN SANITARY SEWER AND WATER EASEMENTS PROPOSED REDFEATHER ESTATES SUBDIVISION N0.2 Easements for Meridian City Sanitary Sewer and domestic water lines, located in the North '/z of Section 4, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho, more particularly described as follows. EASEMENT A A strip of land of varying width being left of and adjacent to the following described line: Commencing at the North '/ corner of said Section 4; thence along the North boundary line of the NE'/ of said Section 4, South 89°44'17" East, 965.94 feet; thence South 00°35'08" West, 1747.77 feet to the REAL POINT OF BEGINNING of this easement line description; thence 50.00 feet left of and adjacent to the following described line: thence North 89°26'52" West, 35.00 feet to a point of curvature; thence 100.22 feet along the arc of a curve to the left, said curve having a radius of 125.00 feet, a delta angle of 45°56'17" and a long chord bearing South 67°34'59" West, 97.56 feet to a point of tangency; thence South 44°36'50" West, 88.45 feet to a point of curvature; thence 139.22 feet along the arc of a curve to the right, said curve having a radius of 175.00 feet, a delta angle of 45°34'53" and a long chord bearing South 67°24'17" West, 135.58 feet to a point of tangency; thence North 89°48'16" West, 521.55 feet to a point of curvature; thence 115.58 feet along the arc of a curve to the left, said curve having a radius of 225.00 feet, a delta angle of 29°25'56" and a long chord bearing South 75°28'46" West, 114.31 feet to a point of tangency; S:\ISG Projects\Redfeather Estates Ph2 (04-108)\Documents\40101-SSEASE.doc Page 1 of 3 PaB~ '-Y. thence South 65'48" West, 219.63 feet to a point curvature; thence 143.42 feet along the arc of a curve to the right, said curve having a radius of 275.00 feet, a delta angle of 29°52'49" and a long chord bearing South 75°42'13" West, 141.80 feet to a point of tangency; thence North 89°21'23" West, 126.33 feet; thence South 00°38'37" West, 376.00 feet; thence North 89°21'23" West, 326.23 feet to a point of curvature; thence 41.79 feet along the arc of a curve to the right, said curve having a radius of 75.00 feet, a delta angle of 31°55'33" and a long chord bearing North 73°23'36" West, 41.25 feet to a point of tangency; thence North 57°25'50" West, 58.24 feet to a point of curvature; thence 92.83 feet along the arc of a curve to the left, said curve having a radius of 225.00 feet, a delta angle of 23°38'24" and a long chord bearing North 69°15'02" West, 92.18 feet to a point of tangency; . thence North 81°04'14" West, 245.49 feet; thence 32.00 feet left of and adjacent to the following described line: thence South 11°45'00" West, 154.58 feet; thence North 70°15'00" West, 133.03 feet to the terminus of this easement line description. Containing 140,369 SF, more or less. EASEMENT B A strip of land 20.00 feet in width being left of and adjacent to the following described line: Commencing at the North'/4 corner of said Section 4; thence along the North line of the NE '/< of said Section 4 South 89°44'17" East, 696.62 feet; thence South 00°35'08" West, 1379.90 feet to the REAL POINT OF BEGINNING of this easement line description; thence 20.00 feet left of and adjacent to the following described line: thence South 52°46'21" West, 88.99 feet; thence South 88°33'53" West, 134.79 feet; S:\ISG Projects\Redfeather Estates Ph2 (04-108)\Documents\40101-SSEASE.doc Page 2 of 3 P~S~ thence North 8'12" West, 346.71 feet to the terms of this easement line description. Containing 11,546 SF, more or less. EASEMENT C A strip of land 20.00 feet in width being left of and adjacent to the following described line: Commencing at the North '/4 corner of said Section 4; thence along the North line of the NE'/4 of said Section 4 South 89°44'17" East, 411.36 feet; thence South 00°35'08" West 993.13 feet to the REAL POINT OF BEGINNIN of this easement line description; thence 20.00 feet left of and adjacent to the following described line: thence South 63°18'44" West, 62.18 feet; thence South 79°33'49" West, 211.35 feet; thence South 19°30'34" West, 72.49 feet; thence South 00°37'48" West, 413.96 feet thence South 15°31'10" East, 99.27 feet; thence South 39°28'10" West, 195.51 feet thence South 00°37'48" West, 137.44 feet to the terminus of this easement line description. Containing 23,508 SF, more or less. Prepared by• Idaho ~ P.C. G S:\ISG Projects\Redfeather Estates Ph2 (04-108)\Documents\40101-SSEASE.doc 0 29 ~ ~Z'1~ o c 9rF O F ~VP~ Q .~ORYG.CP~ pry er, P.L.S. Page 3 of 3 Page._. _ _ _ _ E_USTICK ROAD _ _ _ _ 33 ~ ~4 - S 89'44'17"E _ _ _ ¢ ~ 411.36' 696.62' 965.94' I ~ I i I I I I I I r?i _ I i I rnl I I rnl I ~i rnl I I of ~ I ~ ~ ~ M to ~ ^ I O ap ^ I I °I d I ,"~ I ^ o ~I BE~NEASEMENOTnC I `~ pp0 ~~ pT~S I i S 63'18'44"W 62.18' ~-~\aE \J~\O.2 S 79'33'49'W 211.35'-~~ `Q~ \CJ\~ I S 19'30'34"W 72.4~~r---~ ~` ~~\~ ~I I I L-20' ~ cJ l I ~t I BEGINNING POINT ` I M ~_°°i i EASEMENT B of K; 11 S 52'46'21"W 88.99' ~' d- of I 346.71' ~~ I I NII N 89'22'12°W ~ ll EASEMENT B ~S 88'33'S3"W I S 15'31'10°E 99.271 134.79' S 39'28'10"W 195.51'1,~i~ BEGINNING P NT S 003T48"W 137.44' ~~ N 89'26'S2"W 35.00; ~~~ A I ENDING POINT ~~ ~/~ I EASEMENT C II S 44'36'S0"W 88.45' / ~3_ N 89_48'16"W 521_55_ ~ /~~, _ _ _ _ _ _ S 60'45'48"W 219.63' - C*L~ p, r7 ~ ~ ~. o ~ N N 89'21'23"W ~ ' ~ I ^ ~ ~ I ~-- I ~ ~ ° o ~ I CURVE DATA I ~ '~ 245 ~ ~ °I i cu2vE ru~luS t>Elra nacc raNGENr c11o1m cHOSU eRC I I b ^ N 81, 49' ,,., M of I Ci 125.00 45'56'17" 100.22 52.98 97.56 S 67'34'59" W ^ ~„ ~"~--04 14~C z r°I j C2 175.00 45'34'53' 139.22 73.53 135.58 S 6T24'17' W I 326.23' I I I z ll lam"--- ~~CS I C3 225.00 29'25'56' 115.58 59.10 114.31 S 7528'46' W ~ J t~3 , ~~~ ~ N 89'21'23_N! ~ I I 2 ,T ~~-`_ C4 275.00 29'52'49' 143.42 73.38 141.80 S 7542'13" W I ~~J ~° ---'--J C5 75.00 31'55'33' 41.79 21.45 41.25 N 73'23'36' W ~NQNG POINT _ c6 225.00 23'38'24' 92.83 47.09 92.18 N 69'15'02" W I EASEMENT A - - - - - - - - - - - - - - - --1_ SCALE , n=4oo' OFFSITE MERIDIAN CITY SANITARY NG/NEER/NG DWG.DATE 12/13/04 bkb SEWER & WATER EASEMENTS PROD. N0. 40101 REDFEATHER ESTATES SUBDIVISION N0.2 SOLUT/ONS~ SHEET 1 OF 1 LOCATED IN THE NORTH 1 /2 OF SECTION 4 150 EAGLEENDAHO E 3616 B /40101-SSEASE.DWG T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO Pnone (208) gas-os8o Fax (208) s3s-oral PaBB~. ~ ~...L~. Meridian City Council October 4, 2005 Page 2 of 61 and if you will all join us in the community invocation or take this as an opportunity for a moment of silence. Thank you for joining us. Regan: Madam Mayor, Members of the Council, shall we pray. Father, we come before you tonight, Lord, thankful for this time that we have. Lord, we thank you for the time that these individuals have, Lord, to gather here tonight in service to our city. Father, we pray as they are gathered here tonight to discuss the business of our community, Lord, you might give each one of them wisdom and guidance in the decisions that are made. Father, help them to know what's best for our community and for our city. Father, give them guidance and direction down that path. Father, we pray that your spirit might lead and guide each one of them. Lord, once again thank you for the time. We thank you for our community. Lord, we play that you might help us in the individual problems that our community faces, Father, that you might help us to remedy those, Father, and give wisdom and guidance. Father, once again we thank you and we praise you in Jesus precious name, amen. Thank you. Item 4: Adoption of the Agenda: De Weerd: Thank you. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have on the regular agenda one request by the city attorney, so we will add -- Item No. 21 will be changed to the ordinance 05-1188, the first reading of that ordinance for the psuedophedrine legislation and that will term Item No. 22, the Executive Session, and we will also be passing on Ordinances 05-1187 and 05-1188. And with that I move we approve the revised agenda. Rountree: Second. De Weerd: And, Council, the pseudoephedrine ordinance in front of you is what we discussed last week. Bird: Yes, it is. De Weerd: Okay. There is a motion to amended. All those in favor say aye. All aye approve the adoption of the agenda as s. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of July 26, 2005 City Council Special Meeting: Meridian City Council October 4, 2005 Page 3 of 61 B. Approve minutes of September 6, 2005 City Council Regular Meeting: F. Development Agreement: AZ 05-018 Request for Annexation and Zoning of 29.18 acres to R-4, R-8 & R-15 zones for Westborough Square Subdivision by JLJ Enterprises, Inc. - SEC of Jericho Road and Chinden Boulevard: G. Development Agreement: AZ 05-027 Request for Annexation and Zoning of 5.502 acres to R-8 zone for Maxfield Subdivision by The Land Group - 3295 East Falcon Drive: H. Water Main Easement Agreement for Track Utilities Office by Buffalo Hump, LLC: I. Water Main Easement Agreement for Mountain West Bank: J. Water Main Easement Agreement for Chicago Connection by CC Investment Properties: K. Water Main Easement Agreement for Stow-It Mini Storage: L. Sanitary Sewer and Water Main Easement Agreement for Redfeather Estates No. 2 by Packard Estates Development, LLC: M. Award of Bid for Wastewater Treatment Plant Facility Expansion to JC Constructors, Inc.: N. License Agreement with Nampa Meridian Irrigation for the Black Cat Trunk Sewer Phase 1 Project.: O. Black Cat Trunk Sewer and Lift Station Project Addendum No 5 with JUB Engineers: P. Agreement for Professional Services with BRS Architects for Scope of Services for Water Division Building: Q. Water Main Easement Agreement for Carrabba's Italian Restaurant by EP Crossing, LLC: R. Memorandum of Understanding for Hookup to the City of Meridian's Sewer /Water System Outside the City Limits with JLJ Enterprises. Inc.: S. Approve August Financial Report: Meridian City Council October 4, 2005 Page 4 of 61 T. Approve Contract for Economic Development Coordinator: De Weerd: Item No. 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. I have a motion and a second. Canning: Madam Mayor, I'm sorry, I forgot to let Mr. Bird know that we need to table Silver Oaks for one week. Bird: Which one? Oh. Item B -- C, D, and E. Okay. I will withdraw that motion, if the second would agree. Rountree: I agree. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we remove Items C, D, and E from the Consent Agenda until October the 11th, 2005, and with that approve the revised Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. A motion to approve the Consent Agenda. Is there any discussion? Approve as amended. Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Human Resources Department -Bill Nary 1. Benefits for Fiscal Year 2006: