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Sanitary Sewer Easement with Lee, Soo W. for Black Cat Phase 3 TrunkADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ; BOISE IDAHO 08/10/07 11:11 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF Meridian City 1071136 1 SANITARY SEWEK tAStmtN r THIS INDENTURE, effective this 14th day of March , 2006, by the undersigned Soo W. Lee, who maintains a mailing address of 5402 Overland Rd., Boise, ID 83705, hereafter referred to as "GRANTOR" for the benefit of the City of Meridian, a municipal corporation of the State of Idaho that maintains a mailing address of 33 East Idaho Street, Meridian, Idaho 83642, hereafter referred to as "CITY". W ITNESSETH: WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the CITY; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the CITY the right-of-way for the permanent and temporary construction easements for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: (SEE ATTACHED EXHIBITS A-1, A-2, B-1, and B-2) The permanent easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with maintenance, repair and replacement at the convenience of the CITY, with the free right of access to such facilities at any and all times. The temporary construction easement is for the purpose of construction of a sanitary sewer line and related incidental work. The temporary construction easement shall expire when the construction contract terminates. TO HAVE AND TO HOLD, the said permanent easement and right-of-way unto the said CITY, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the CITY, in constructing and in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such construction, repairs and replacement. However, the CITY will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. SANITARY SEWER EASEMENT, Page 1 of 2 THE GRANTOR(S) do hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR(S) does hereby covenant with the CITY that he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures the day and year first hereinabove written. STATE OF IDAHO) ss County of Ada ) On this a9~ day of ~'~an~ , 2006, before me G~~- o~ , personally appeared Soo W. Lee, proved to me on the basis df satisfactory evidence to be the persons whose names is subscribed to the within instrument, and acknowledged that they executed the same. P O~ ~OTgkY ~~+ ••~ PU ~ L.~G ~' ~o~ ~~TF OF t~ ~.'. Beneficiary: CITY OF MERIDIAN By ~ ~ Tammy de rd, Mayor ATTESTa am Berg, Jr., City Date approved by Council: r~ O~. NOTARY PUBLIC FOR IDA O My Commission Expires on ~.r(. '7 zo p SANITARY SEWER EASEMENT, Page 2 of 2 ;~~~~~irrr~rrrrrerrrrr, ~6 ~\ _ ~. - ~___~_, Project: 11873 Date: March 23, 2006 EXHIBIT A-1 PARCEL DESCRIPTION PERMANENT SEWER EASEMENT That portion of the Southeast'/, of the Southwest'/. of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of said Southeast'/. of the Southwest'/, of Section 14; thence North 00°35'50" East, 959.15 feet along the Easterly boundary line of said Southeast'/4 of the Southwest'/a to the POINT OF BEGINNING; thence North 52°36'26" West, 78.81 feet; thence parallel with said Easterly boundary line, North 00°35'50" East, 95.62 feet to a point being on the Southerly right-of-way line of I-84; thence along said Southerly right-of-way line South 89°33'51" East, 32.00 feet; thence parallel with said Easterly boundary line, South 00°35'50" West, 79.68 feet; thence South 52°36'26" East, 38.85 feet to a point on said Easterly boundary line; thence along said Easterly boundary line, South 00°35'50" West, 39.96 feet to the POINT OF BEGINNING. Containing 0.108 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P.L.S. ~~~-~ \ F a 8575 s~ S'L7'c `~° ?gyp 9lE' O F \~p ~4, ~q~ 0 M . NCO RMH/geh:lhc P:\PHK\10-05-135 -Black Cat Phase 3\Easements\LEE-PERM.doc I-84 S89'33'S1'E 32.00' ______..-______ T__~-__~ I I. i NI I~ f f0 p5 ~ I I ^ ~ I 13 ~ I I B~°n w ~I I M I MI I g I $ I l ss , I z I \~~26~ l ~e, - ;~. ~~ ~ I ~~ X88' \ I $ M ~ ~ P.O.B. ~~ ~, W 0 M $ 2 N. 7 SCALE: 1 "=50' SE. COR, SE. 1 /4, SW. 1/4 SEC. 14 $~ ~( THIS DOCUMENT. AND TNE~FA I~IG`131NCOINORATm NEREIN CAD FILE: LEE~PEMFt ~ EXHIBIT A-2 SHEET Ae AN RIBTRUMENT aF PRDFE9810NAL SERVICE, 18 THE PROPERTY OF JUa ENOBEBNB, Inn AND u NOT TO BE UBED, 6i MAIOLE OR PART. FOR ANY OTHEit PROJECT WITHOUT THE EXPRE88 VAiRTB/ PRQI.1 10-05-196 PLOT SCALE: 130 ~~• ~ 1 AUTHORVATM]N OF JL~lWOJNEER~, !Ia DMWIND NO, ~ of DMWNBY: BAN LEE PERMANENT SEWER EASEMENT DEBIDN BY: TU( ,`~~, R VI TI NE ED BY: RN Project: 11873 Date: March 23, 2006 EXHIBIT B-1 TEMPORARY CONSTRUCTION EASEMENT EXHIBIT B-1.1 That portion of the Southeast'/, of the Southwest'/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of said Southeast'/+ of the Southwest'/, of Section 14; thence North 00°35'50" East, 959.15 feet along the Easterly boundary line of said Southeast'/, of the Southwest'/4 to the POINT OF BEGINNING; thence parallel with and 143.00 feet South of the Southerly right-of-way line of I-84 North 89 ° 33'51 " West, 182.00 feet; thence parallel with and 182.00 feet West of said Easterly boundary tine North 00° 35'50" East, 143.00 feet to a point on the said Southerly right-of-way line; thence along said Southerly right-of-way line South 89°33'51" East, 118.89 feet; thence South 00° 35'50" West, 95.62 feet; thence South 52°36'26" East, 78.81 feet to the POINT OF BEGINNING. Containing 0.425 acres, more or less. TOGETHER WITH: EXHIBIT B-1.2 That portion of the Southeast'/. of the Southwest'/. of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the attached exhibit, and more particularly described as follows: Commencing at the Southeast corner of said Southeast'/. of the Southwest'/4 of Section 14; thence North 00°35'50" East, 999.11 feet along the Easterly boundary line of said Southeast'/, of the Southwest'/. to the POINT OF BEGINNING; thence North 52 ° 36'26" West, 38.85 feet; thence North 00° 35'50" East, 79.68 feet to a point on the Southerly right-of-way line of I-84; thence along said right-of-way South 89°33'51" East, 31.11 feet to a point on said Easterly boundary line of the Southeast'/, of the Southwest'/4 of Section 14; thence along said Easterly boundary of the Southeast'/. of the Southwest'/., South 00°35'50" West, 103.04 feet to the POINT OF BEGINNING. Containing 0.065 acres, more or less. END OF DESCRIPTION Prepared by: J-U-B ENGINEERS, Inc. Ronald M. Hodge, P~,S. ~ ~~ g fq S 4, o ~' a 8575 '!~ L-Z3•ob~o ?~~ 9Tf 0 F \~p V~ Nq~ D M ~~O RMH/geh:lhc P:\PHK\10-05-135 • Black Cat Phase 3\Easements\LEE-TEMP.doc I-84 S89'33'51"E 118.89' I-------------~---T__--I I I I f I Ie I I I (rn I I g l 13 I ! +I to I I ~I IM I I I I$ I I WI I ~ I ~I I ~ I g I ~~s?. ~ ~. I z I ~JS, ~ I ~?s~ I I ~ ~~8 I I ~e~' I I-------- - ----- \ N89'33'51"W 182.00 P.O.B. ~~ ~, W a O b in pM O Z N. SCALE: 1 "=50' SE. CDR, SE. 1 /4, SW. 1/4 SEC. 14 CAOFRE:LEE-TEMR, 1 EXHIBIT B-2 SHEET TNIf DOCUMENT. AND T/IE IDEAB ANO OE&ONO IfiCORPORA7ED NERFJN AS AN R78TRUMENT OF PROFE88KNUL SERVICE, 18 THE PROPERTY OF PROJ. t. t00St96 . .WalNORI!lRt, M6 ANO M NOTTO BE UBFD, IN VAIOLE OR PART. PLOT RCALE:1:60 ~~ FOR ANY OTNER PROJECT VATIIOVTTNE EAPREAB NAi1TTEN AUTHDRIZATION OF JL+ENONIW YI6 DMWIND NO.: DRANM 9Y: eAR ~ LEE TEMPORARY CONSTRUCTION EASEMENT ~F DEBRUJ BY: Tll( .~~. 2 I-84 S89'33'51 "E 31.11' ~ __~____.____ _T.__T__ , I i I I I i ~I I~ I I hl I~ I i I WI I ~I I I o I I I MI ~ i $I I c `~ I ~ I I I I ~'s?. ~ I 382 ~ I ~ 'BS• siy I ~ P.O.B. ~ I ~ ~. I~ _ .... _ _ _ _ _ _ _ _ _ _ _ .._. _ _ _ _ N. JL °' 7 ~ W 0 s Z SCALE: 1 "=50' l o 8575 ~^~, Z•L3.0~ ~rE pF \~r ~ ~ 0 v N~` ~oO ~ ~ • SE. COR, SE. 1 /4, SW. 1/4 SEC. 14 Ri18 OOCUL3:NT, ANO TH ~ WCORPOMTEO HEREIN cAD FNE. LEE-TEMP-Y EXHIBIT B-2.2 SHEET A9 AN W87RUMENT OF PROFE9810NAL SERVICE, L9 THE PROPERTY OF PROJ. t 10-06186 /] bll~ ENO•!W, Ine AND u IJOTTO BE U8E0, m WHOLE oR PART. FOR ANY OTHER PROJECT WITHOUTTHE EXPRE88 WRRTEN PLOT SCALE: 130 ~ ~ ~ ~ • • L AUfHORILITION aF YW ENGWEEJI•, YIa DRAWMlO NO.: ~ OF DMWNBY: eAN LEE T EMPORARY CONSTRUCTION EASEMENT DE810N BY: TU( .~~. 2 H Meridian City Council April 18, 2006 Page 3 of 99 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of April 4, 2006 City Council Regular Meeting: B. Sanitary Sewer and Water Main Easement Aareement for Monica Subdivision with B2 Investments: C. Water Main Easement Agreement for Heritaae Middle School with Meridian School District: D. Permanent and Temporary Easement Contract for the Black Cat Phase 3 Trunk with Soo W. Lee: E. Sanitary Sewer Easement for Heritaae Middle School with Meridian School District: F. Water Main Easement Aareement for Silverstone Town Sauare with Sundance, Co.: G. Sanitary Sewer and Water Main Easement Aareement for Paramount Village Center with Brighton Commercial, Inc: H. Development Agreement: AZ 05-063 Request for Annexation and Zoning of 5.03 acres from RUT to R-8 zone for Quenzer North Subdivision by Brighton Development, Inc. -north of East Ustick Road and west of North Locust Grove Road: I. Development Agreement: AZ 05-066 Request for Annexation and Zoning of .50 acres from R-12 to C-G zone for Meridian Veterinary Clinic by Architecture Northwest - 415 West Franklin Road: J. Development Agreement: AZ 06-002 Request for Annexation and Zoning of 0.43 acres from RUT to L-O (Limited Office District) for Strada Bellissima Subdivision Outparcel by Strada Bellissima, LLC - 3015 South Meridian Road: K. Resolution No. Polic for the City of Meridian_ Adopting Purchasing Meridian City Council . April 18, 2006 Page 4 of 99 L. Resolution No. Ratifying Council's Approval of Meridian Parks Recreation Fees for 2006: M. Resolution No. Public Works Fees Changes as authorized in Title 9, Chapter 1 Water Use and Service, and Title 9, Chapter 4 Sewer Use and Service of Meridian City Code including water and wastewater assessment, water meters and appurtenances, and water system itemized damage fees: N. First Addendum to Contract to Commission an Artwork between Sculptures by BJH, LLC and the City of Meridian: O. Original Pump Station Operation and Maintenance Agreement for Chateau Park with Nampa & Meridian Irrigation District: P. United Water Certificated Area Agreement: R. Approve Beer, Wine, and Liquor License Renewals: Applebee's Neighborhood Grill -Beer & Liquor Bill N Lynn's Place -Beer & Liquor Harvest Buffet -Beer & Wine JB's Restaurant -Beer & Wine Lakeview Golf Club -Beer & Liquor Maverick Country Store -Beer & Wine Maverick Country Store -Beer & Wine Meridian Bowling Lanes -Beer & Liquor Muggsy's Sports Bar -Beer & Liquor Pier 49 Pizza -Beer Pier 49 Pizza -Beer Ram Restaurant -Beer & Liquor Round Table Pizza -Beer & Wine Sidelines Sports Bar -Beer & Wine Tobacco Connection -Beer & Wine Top Shelf, LLC -Beer & Liquor Vina Restaurant -Beer Wal-Mart Stores, Inc. -Beer & Wine Winco Foods #48 -Beer & Wine De Weerd: Okay. Item 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Meridian City Council April 18, 2006 Page 5 of 99 Bird: I move we approve the Consent Agenda, which includes Item K, is resolution number 06-511, L is 06-512, and M is 06-513. And for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. De Weerd: Okay. Motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Parks and Recreation Department -Doug Strong / Elroy Huff 1. Discussion of Cost Estimate and Concept Plan for Meridian Settler's Village Square: De Weerd: Thank you. Okay. Under Department Reports we will start with our parks department. Mr. Strong. Strong: Thank you, Madam Mayor, Members of the Council. As many of you will recall, I believe that Councilman Borton is the only person that hasn't seen this concept drawing earlier in the year that was presented by members of The Land Group that's actually put together the concept design and just wanted to do a quick review of what we are looking for in that one remaining corner of Meridian Settler's Park for a proposal of how to develop that corner and is what we are looking for tonight is for your approval before we proceed with any development -- any further development to make sure that this development concept is what satisfies the original intent of the development of this park. In this corner right here is a corner of Meridian Road and Ustick and in the discussion with an advisory committee that we put together to review this concept and several interested groups from the community, the concept of a community corner or community plaza was created and a pedestrian entry at this corner. The primary entry into the parking lot area is off Meridian Road, but we thought that this would make a nice pedestrian entry and as you can see with the designs, it would propose an archway or some kind of welcoming type entry for this corner. And, then, this area would be a plaza area. In the concept what was discussed was the creation of a community gathering place or community building, a relatively simple building that would have, essentially, concrete floors and the ability to open the doors on the side of the building that would be kind of open air in the summertime or that you could close in the wintertime, like in January when we do the chili feed, so that you can both heat it and have year around events in a building that would be -- that would meet fire code, that would have adjacent paved parking, rather than the dirt parking lot that's currently being used at the dairy barn facilities and so forth. So, some kind of community building here,