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Sanitary Sewer and Water Main Easement with B2 Investments for Monica Subdivision ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 i BOISE IDAHO 04121106 12:30 PM RECORDED°nREQUEST DF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III Meridian Public Works 106061G6r~ SAKI TAi4Y SI~'ViR ArD V~i1IIt 1V~I N FASIl~Tf THIS INDENTURE, made this ~9 day of /~G , 20o~between ~ ~ 1 nvcstWyrc~s LLG, 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 theright-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) A^,o C ~.ua O~ 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 EASMT.S&W 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. GRANT ~` President ~ c~7T- _~ Secretary STATE OF IDAHO ss County of Ada ) On this °~"~~ day of ~`'''~'~'~ ~ , 200~before me, the undersigned, a Notary Public in and for said State, personally appeared ~RTiz ~K,. fYl ~ nQAa r' and SceZG PfZ.t~e_CLc~ ,known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within- instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. • :'~``'~ '~ ~~s. NOTARY PU LIGFOR ID HO ~ P4 ~ v : d = Residing at: CHI OF, • ~ ~A: p ~ ~ / 4 "' ; Commission Expires: Sanitary Sevi~~~and~aMa~r~~x$'~'ement EASMT.S&W . .. GRANTEE: CITY OF MERIDIAN ~y~ A~ ~ ~ ~r~ > Tammy de Weerd, Mao _ - ~.. - y~ . ~ ,p ` Attest by William G. Berg, r., City Clerk /%,~~~y '''~..~ ',~`~s~"~` ~`~~ /,s - T 9~ ~~'~ ~ rid(, _ ~ ~ y1`~\1 Approved By City Council On: 1 "'~ ` ~ STATE OF IDAHO, ) ss. County of Ada ) On this ~ G~~" day of ~~-L„"~. , 20~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) • Sanitary Sewer and Water Main Easement ~~~~1~~~~ti~~~. NOTARY PUBLIC FOR IDAHO Residing at: ~`Vl;~ ~ ~~c~ - _~~ Commission Expires: ~~-- ~t~- ~( EASMT. S&W Greg L. Skinner, PLS ~~~'°~y~~ ~®o ~~~°o Michael Byrns, PLS 2512 S. Georgia Ave. Rodney Kahle-Clark, PE Caldwell, Idaho 83605 (208) 454-0933 "Exhibit A" Fax (208) 454-9492 Water Line Easement Description for the Proposed Monica Subdivision An easement over that parcel, hereinafter called "Proposed Monica Subdivision", described in Warranty Deed 104086063, records of Ada County, Idaho, situate in the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rebar marking the southeast corner of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian; Thence N00°58'55"W, 1,122.82 feet along the east boundary of said southeast quarter and the centerline of North Linder Road; Thence 589°00'52"W, 48.00 feet to the west right-of--way line of said North Linder Road, the POINT OF BEGINNING: Thence 500°58'55"E, 15.00 feet along said right-of--way line; Thence 589°00'52"W, 78.00 feet; Thence 500°58'55"E, 162.49 feet; Thence 589°00'57"W, 167.69 feet; Thence 500°58'55"E, 3.00 feet; Thence 589°00'57"W, 132.00 feet; Thence N00°58'55"W, 10.00 feet; Thence 589°00'57"W, 7.82 feet; Thence SO1°00'50"E, 104.50 feet; Thence 589°00'57"W, 20.00 feet; Thence NO1°00'50"W, 104.50 feet; Thence 589°00'57"W, 124.98 feet; 1 ~ 3~ 4 ,~ ~ro ~o Page 1 of 2 r'~rF OF ~Ap AFL ~. ®,/~ a M4 Water Line Easement Description Continued... Thence S00°58'55"E, 22.52 feet; Thence S89°00'52"W, 20.00 feet; Thence N00°58'55"W, 193.00 feet; Thence N89°00'52"E, 20.00 feet; Thence S00°58'55"E, 150.48 feet; Thence N89°00'57"E, 284.80 feet; Thence N00°58'55"W, 3.00 feet; Thence N89°00'57"E, 130.69 feet; Thence N00°58'55"W, 28.00 feet; Thence N89°00'57"E, 17.00 feet; Thence N00°58'55"W, 104.49 feet; Thence S89°00'52"W, 156.00 feet; Thence N00°58'55"W, 15.00 feet; Thence N89°00'52"E, 254.00 feet along the said north line to the POINT OF BEGINNING. The above-described easement contains 24,933 square feet, more or less. Page 2 of 2 N M NORTH CINDER ROAD _ N00°58'55"W _ _ _ _ ~f~ ~~ 1,122.82' ~ •- ~.+ .~ W ~~o to oi~ ~ ~ S00°58'55"E 182.49' ~~ I ~ Q' ~ ~ i J F~ L.~ I oI~ N ~ O aol°o rl~ r ~~ ~ I ~ r SAP `~ I ~ ~~ I S00°58'55"E , N d L--------------------I 162.49' _104.49'----- I I p ~ L-- I \./ a6 I ~ 28.001 I W ~ ~ 3 ~ I m N00°58'55"W I ~ I ~ ~ W ~~ ~ I Z , ~i o a~ °~o I I ~I ~ C~ .. o~ ~t I I ~ W~ am¢ o ~ ~ r ~, z 13 I I W h y of-N° ~I~ Ij~'~ ~ ~ d Flo olo ~I ~ W m ~ ~ I AIM ~I Cfj o ~I~ ZI^ of I I ~I W N I I ~I I I I I I I I I I S00°58'55"E I I I I L3.00' 3.00 - ~ N00°58'55"WI I 15.00' I I N00°58'55"W I I I I Zo I I I I N I ~lo ] I olo o I ~I~ C~ I ~ I Q I I ~ I I Z I I I NPO°58'55"W I n I N~~~J ~ ,~ o ~w~- S01°00'50"E LL1 ola? ~~ --- 104.50' ----~~ (n ~I~ o of°o ~ z I a, _104.50'_ _ J ~ ~ I ~ ~----N01°00'50"W --- ~ O ~ I I I I I I I I I I I I I ~I~ I ~IO1 o~ I °I~ m I ~I I I I I I I I I ~ S00°58'55"E iO ------- ~-- , a -------- 150.48' - 22.52100 c S00°58'55"E I °o ~ 193.00' I `~ ~ O ~_ .,-~ ~ 'U Ci ~ S ~ /~ b r J p ~ Vj s °~ ~ V ~ ~ ~ .~ ~ ~ ~ O ff ~ s ~ m iY °' o WU N W ~ m 0 R C J ~ ~° ~ ~ aw~u~ °' I I J I I I 182.50' N00°58'55"W 364.98 ~~~~~~~° IL~r~~l Greg L. Skinner, PLS ,~g'~~~~y ~®a ~~~'o Michael Byrns, PLS 2512 S. Georgia Ave. Rodney Kahle-Clark, PE Caldwell, Idaho 83605 (208) 454-0933 "Exhibit C" Fax (208) 454-9492 Sewer Line Easement Description for the Proposed Monica Subdivision An easement over that parcel described in Warranty Deed 104086063, records of Ada County, Idaho, situate in the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Meridian City, Ada County, Idaho, being more particularly described as follows: Commencing at a 5/8" rebar marking the southeast corner of the southeast quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian; Thence N00°58'55"W, 1,122.82 feet along the east boundary of said southeast quarter and the centerline of North Linder Road; Thence 589°00'52"W, 48.00 feet to the west right-of--way line of said North Linder Road; Thence 500°58'55"E, 157.49 feet along said right-of--way line to the POINT OF BEGINNING: Thence S00°58'55"E, 20.00 feet along said right-of--way line; Thence 589°00'57"W, 245.69 feet; Thence 500°58'55"E, 3.00 feet; Thence 589°00'57"W, 132.00 feet; Thence N00°58'55"W, 30.00 feet; Thence N89°00'57"E, 132.00 feet; Thence N00°58'55"W, 3.00 feet; Thence N89°00'57"E, 167.69 feet; Thence 500°58'55"E, 10.00 feet; Thence N89°00'57"E, 78.00 feet to the POINT OF BEGINNING. The above-described parcel contains 10,551 square feet, more or less. ,86'49£ M,~5S,85o00N °o i ~ c1 ~ O "D O N rn M„SS,BS,OON p r ,-oo~os ~ I I 3 I p I I I~ Z - I I to I° D W a I Im ~ C o I I W lip I p ~ NIA ~IUi I I C ~ C N _ I V I W O N k I~ IO Z m I I~ I I r* I I d I I M„SS,8Se00N ,00' E~ 3wSS,8So00S I ~00'£ I ~05'ZS l 3.SS,SS,OOS I I I I I ~ I Iz I I 1 ~ ~ l l fTi ? _ ~ I ~ cn~m~ m ~ o ~ 9' ~ a ~~ ~ ~ ° ° y~ Iv; ~ to I I I . ~ , ~ ~ z ~ J /~ I (gyp r 7 N~ c d D g c~ ~ VJF~y O I ~/ v I Im I ~ oho y~7 ~ I I I n ~ I x I o ~ ~ ~ W '~ ~ s I~ ' IN I N l I o 3 ~ ~ S ~ PROF W l ~ roo ~ N O \~ ~ I ~ 13„55,85o00S ~ ~ ~~ a~S ~ I i z ~ I ~I~ o ~ I olo ~ ~ O~ W • ~ I I"' ~~ ~ ~ ~~ ~~ q'sp ~ O ~ ~ I ~ :.~00 e,d kY (~ A' ~,rS ~00'OZ I ,64'LSL ~~~ yy ~ ~ ~ v 0~~~ ,64'ZSl 3„S5,8Se00S 1 I (n 1r. ~ I O a a ~ ~ ~iN ~ . ~ I~ ~.,. a~, ,ZSZZ6L ____ I I ~ WIN ~'-- M «55,SSo00N 0'd0~ 213a N1~ H1M0 0 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 Agreement for Monica Subdivision with B2 Investments: C. Water Main Easement Agreement for Heritage 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 Heritage Middle School with Meridian School District: F. Water Main Easement Agreement for Silverstone Town Square with Sundance, Co.: G. Sanitary Sewer and Water Main Easement Agreement 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. Policy 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,