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Sanitary Sewer and Water Main Easement with Kimball Properties for Bonito Subdivision No. 2 Parcel BADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f BOISE IDAHO 03I23I05 09:50 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECORDED-REQUEST OF 1~5r~3466~ Meridian City Public Works SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~ day o~ 1 ~~~2~between Kimball Properties Limited Partnership, 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, 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 GRANT.doc 1'7991 SAN-WAT- Page 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 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 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: Winston H. Moore, Kimball Properties Limited Partnership STATE OF IDAHO ss County of Ada ) On this ~ day of ~a-vc.~ , 20©~efore me, the undersigned, a Notary Public in and for said State, personally appeared Winston H Moore , known or identified to me to be a partner of Kimball Properties Limited Partnership that executed the within instrument, and acknowledged to me that such limited partnership executed the same. I have hereunto set my hand and affixed my official seal the day ~ y""efir fist ab0ii~e ~-itten. 130TARY •: f~ o •.~ * - ,L~_ ': PUBLIC NOTARY PUBLIC FOR AHO •• ',~.~ /'/~i////~~~ll' 1~~11 1N~;;```\``````` Commn~ on Ex ~ rese ' r~ ~ r GRANTEE: CITY OF MERIDIAN Sanitary Sewer and Water Main Easement GRANT.doc 17991 SAN-WAT- !!~~ a pag8_S.~L~ ~~' Tammy de e d, Mayor Attest by William G. Berg, Cit Clerk !~` Approved By City Council On: ~Q~ (~ , C~~ STATE OF IDAHO, ) ss. County of Ada ) On this ~ S+~day of Mare , 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. (SEAL) ~ ~~ ~oTARr ~~~ * • ~.~•. PUBLIC '•.. J' f, ~.•Y .,.•,',O ~~•...W...sB~,, Sanitary Sewer and Water Main Easement GRANT.doc ~~ ~~~ OT Y PUBLIC Fv'OR IDAHO idi at: r~`q i d ~L fission Expires: y ,~ 17991 SAN-WAT- ~ ~ n~ EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN SNAITARY SEWER AND WATER MAIN EASEMENT FOR PROPOSED BONITO SUBDIVISION N0.2 February 10, 2005 A PARCEL OF LAND BEING A PORTION OF PARCEL "B" OF RECORD OF SURVEY NO. (o82,(a ,LOCATED IN THE NE 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 20, T.3 N., R.1 E., B.M., THENCE S 00°14'50" W 1761.41 FEET ALONG THE EAST LINE OF THE NE'/ OF SAID SECTION 20 TO A POINT; THENCE N 90°00'00" W 123.59 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE 20.03 FEET ALONG THE RIGHT OF WAY OF E. GOLDSTONE DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 03°02'52", A TANGENT OF 10.02 FEET AND A CHORD BEARING N 86°47'38" W 20.03 FEET TO A POINT ON A CURVE; THENCE N 00°19'39" E 134.53 FEET TO A POINT; THENCE S 89°59'25" W 86.19 FEET TO A POINT; THENCE S 03°25'38" E 119.80 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF E. GOLDSTONE DRIVE; THENCE 21.57 FEET ALONG THE RIGHT OF WAY OF E. GOLDSTONE DRIVE ON A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 376.50 FEET, A DELTA ANGLE OF 03°16'54", A TANGENT OF 10.79 FEET AND A CHORD BEARING N 71°28'58" W 21.56 FEET TO A POINT ON A CURVE; THENCE N 03°25'38" W 112.93 FEET TO A POINT; THENCE S 89°59'25" W 14.53 FEET TO A POINT; THENCE N 00°00'00" E 20.00 FEET TO A POINT; 17991 SEW-WAT-EASE ~~~ THENCE N 89°59'25" E 13.34 FEET TO A POINT; THENCE N 03°25'38" W 177.02 FEET TO A POINT; THENCE S 90°00'00" E 20.04 FEET TO A POINT; THENCE S 03°25'38" E 177.02 FEET TO A POINT; THENCE N 89°59'25" E 107.50 FEET TO A POINT; THENCE S 00°19'39" W 155.66 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. LAAt~ MICHAEL E. MARKS P.L.S. NO. 4998 ~°,~ f ~. 17991 SEW-WAT-EASE p~~~.l~ N ~__~~ L-_J EXHIBIT B U S 900 04'0" E 10 ~ ~ -- -- -- z I I I ~ I I - - (n I I - I I - - I I It I I m I i I- I N ~ I tz t o (n i I to -~W I ~ ~' -o~ ~ I N pp I NtGo t W 99 99 I I +t ~ t '~ PARCEL B O I I I -~ - I 11 i I -t 20,-t m I RECORD OE SURVEY I ~ N 89°59'25" E t ' UNDER R E V E W ~ ~ 13.34' - - 0 I w~ - t N 89°59'25" E ~ I 107.50 _ _ Lo_ -------- ~ I ool WATER LINE i I ~ L - -o" ~ r 86.19' ~ I Z -~ t S 89°59'25" W I S 89'59'25" W - mCC t I oZyp,L 14.53' t C ~c~,~ S ~- to - ~ - ~ I - ~ o~ 4 o w ~~ c~,I ~w -~ - Z I I `~ L - - I I I I I I ~2 i20~ ~ ~ - 17 16 20 21 N ] L ~ . ~~ - ~ ° o~ ~ _ ~ ~ J O C7 ~ ~Q cn W N 8 a~ ~~~~ ~A/ C1 N 90°00'00" W 123.59' E. GOLDSTONE DRIVE CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD BEARING CHORD C-1 20.03' 376.50' 3'02'52" 10.02' N 86'47'38" W 20.03' C-2 21.57' 376.50' 3'16'54" 10.79' N 71'28'58" W 21.56' REVISIONS CITY OF MERIDIAN SANITARY SEWER AND WATER LINE EASEMENT Stanley Consultants ~N~. FOR PROPOSED BONITO SUBDIVISION N0. 2 1940 S. BONITO WAY NE 1 /4, SECTION 20, T.3 N., R.1 E., B.M. SUITE 140 MERIDIAN, ADA COUNTY, IDAHO MERIDIAN, IDAHO 83642 208-288-0573 MEM DATE: 2/ 10/05 SCALE: 1 "=50' JOfiNO. 1 Meridian City Council March 15, 2005 Page 2 of 49 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent, Item K, we would like to move that to the general agenda, make it 7-K. I'll get the resolution numbers when we do the Consent Agenda and (believe -- I would move with that change that we adopt the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of February 22, 2005 Regular City Council Meeting: B. Findings of Fact and Conclusions of Law for Approval: CUP 04-053 Request fora Conditional Use Permit fora Planned Development for actinic /office in a L-O zone for OB/GYN Associates by ZGA Architects and Planners, Chartered -south of East Franklin Road and east of North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: AZ 04- 035 Request for Annexation and Zoning of 5.01 acres from RUT to R-4 zone for Klamath Basin Subdivision by Randy by Worden - 4625 West Ustick Road: D. Findings of Fact and Conclusions of Law for Approval: PP 04- 045 Request for Preliminary Plat approval of 12 single-family residential building lots and 3 other lots on 4.56 acres in a proposed R-4 zone for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: E. Findings of Fact and Conclusions of Law for Approval: VAR 05-004 Request for a Variance for block lengths from the required 450 feet to 535 feet for Klamath Basin Subdivision by Randy Worden - 4625 West Ustick Road: F. Findings of Fact and Conclusions of Law for Approval: AZ 04- 034 Request for Annexation and Zoning of 19.63 acres from a RUT zone to a R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: Meridian City Council March 15, 2005 Page 3 of 49 G. Findings of Fact and Conclusions of Law for Approval: PP 04- 043 Request for Preliminary Plat approval for 98 building lots and 27 common lots on 19.63 acres in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: H. Findings of Fact and Conclusions of Law for Approval: CUP 04-052 Request fora Conditional Use Permit fora Planned Development for a residential subdivision in a proposed R-8 zone for Hacienda Subdivision by Jayo Construction - 6000 North Meridian Road: I. Water Service Easement for McKaque Family Revocable Living Trust: J. Sanitary Sewer and Water Main Easement for McKaque Family Revocable Living Trust: L. Request for Approval of proposal for Master Plan, Landscape and Architectural Services for the 7-acre neighborhood park in Autumn Faire Subdivision by Jensen-Belts Associates and the Design Team: M. Resolution No. 05-464 Warranty Deed from Autumn Faire, LLC to the City of Meridian: N. Resolution No. 05-465 Establishing Appointments for Board Members and Alternates to the Valley Ride Regional Transportation Authority: O. Agreement with HDR for GIS On Call Services: P. Change Order No. 2 for an Addition Pressure Reducing Valve with Star Construction: Q. Award Bid for Victory Road /Meridian Road Water Main to Paul Construction: R. Streetlight Agreement for Vienna Woods Subdivision: S. Streetlight Quitclaim Deed for Vienna Woods Subdivision: T. Sanitary Sewer and Water Main Easement for Parcel "A" in proposed Bonito Subdivision No. 2 by Kimball Properties: Meridian City Council March 15, 2005 Page 4 of 49 U. Sanitary Sewer and Water Main Easement for Parcel "B" in proposed Bonito Subdivision No. 2 by Kimball Properties: De Weerd: Consent Agenda, No. 5. Bird: Madam Mayor? De Weerd: Yes. Bird: Mr. Berg, what is our -- do you have them there? Donnell: Down it comes. Bird: I would move that we approve the Consent Agenda, with the exception of taking Item K and moving it to 7-K on the regular agenda. M is Resolution No. 05-464. Nis Resolution No. 05-465, and the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: The motion is to approve the Consent Agenda as changed. If there is no further discussion, Mr. Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Police Department -Chief Bill Musser 1. Presentation of MOU with Ada County Sheriff Department for Participation in SWAT Team: De Weerd: Okay. Item No. 6 are Department Reports and there we have another enemy item -- or member. We had team play today and Brad and the chief and Kenny over there were the enemy. So, chief. Chief Wild Bill. Musser: Madam Mayor, Members of the Council, what I have for you this evening is a proposed memorandum of understanding with the Ada County Sheriffs Department regarding participation of the Meridian Police Department with their Special Weapons And Tactics team, what we all affectionately know of as a SWAT team. At this point what I have been doing is working with the department trying to find alternatives to help us with retention when we are looking at some of our larger departments and some of the specialty areas that they offer. The county has been good enough to go ahead and let us move forward with training and testing of at least two of our members at this point