Sanitary Sewer and Water Main Easement with Brighton Commercial, Inc. for Paramount Village CenterADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 r
BOISE IOAHO 04/21/06 12:30 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIII~III III
RECORDED-REQUEST OF 10061665
Meridian Public Works
SANITARY SEWER AND WATER MAIN EASEMENT
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THIS INDENTURE, made this ~ day of i<,, 200(o between 1 ~~ . l,Ut1"~h"~'~~~~;-'tlie~~~-'' `
parties of the first part, and hereinafter called the Grantors, and the City` 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 EASMT SW
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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.
GRANTOR:
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.
Presi n~r~~`~~ ' ~~,
'SeCTet `
STATE OF IDAHO
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County of Ada )
On this ~ day of fir' , 20~~ efore me, the .undersigned, a Notary
rublic in and for said State, personally appeared -Ci~~hA' ~ ~i /~l and
1~-~,.CCA ~-~K-~ ,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
Sanitary Sewer and
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GRANTEE: CITY OF MERIDIAN ~•~""""""';~,,
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Tammy de We rd ayor ~- ~ ;, `~'
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Attest by William G. Berg, Jr., ity / erk ''°~t,, ~'~ ~ ,,~~»`~
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Approved By City Council On: ~ ~_r~ Q
STATE OF IDAHO, )
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County of Ada )
On this `~~G~day of~~'~.,~,.~ , 200~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
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NOTARY PUBLIC FOR IDAHO
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Engineering North west, LLC
423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556
Project No. 04-041-01 ~SG~ II~IT ~1 Date: March 23, 2006
PARAMOUNT VILLAGE CENTER SUBDIVISION
SEWER AND WATER EASEMENT DESCRIPTION
An easement located in the SW 1/4 of the NW 1/4 of Section 25, T. 4 N., R. 1 W., B.M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the section corner common to Sections 23, 24, 25 and 26 of said
T. 4 N., R. 1 W.;
Thence South 00°55' 15" West, 2657.66 feet on the section line common to said Sections
25 and 26 to the 1/4 section comer common to said Sections 25 and 26;
Thence leaving said section line, North 55°07'35" East, 261.63 feet to a point on the
northerlyright-of--way line of West Cayuse Creek Drive, as shown on the Plat of Paramount
Subdivision No. 1, as said Plat is recorded in Book 88 of Plats at Page 10163 of Ada County
Records, said point also being the REAL POINT OF BEGINNING;
Thence North 00°36'28" East, 136.12 feet;
Thence North 89°25'53" West, 25.09 feet;
Thence South 00°34'07" West, 30.43 feet;
Thence North 89°25'53" West, 10.00 feet;
Thence North 00°34'07" East, 30.43 feet;
Thence North 89°25'53" West, 101.52 feet;
Thence North 00°34'07" East, 35.00 feet;
Thence South 89°25'53" East, 45.61 feet;
Thence North 00°34'07" East, 30.52 feet;
Thence South 89°25'53" East, 18.00 feet;
Thence South 00°34'07" West, 30.52 feet;
Thence South 89°25'53" East, 73.02 feet;
Thence North 00°36'28" East, 194.33 feet;
Thence North 89°25'53" West, 73.16 feet;
Paramount Village Center Utility Ease Desc.doc Page o
Thence South 00°34'07" West, 30.43 feet;
Thence North 89°25'53" West, 18.OOfeet;
Thence North 00°34'07",East, 30.43 feet;
Thence North 89°25'53" West, 12.84 feet;
Thence North 00°34'07" East, 24.94 feet;
Thence South 89°04'45" East, 70.08 feet;
Thence North 00°34'07" East, 40.93 feet;
Thence South 89°25'53" East, 10.00 feet;
Thence South 00°34'07" West,.40.99 feet;
Thence South 89°04'45" East, 14.39 feet;
Thence North 00°34'07" East, 24.14 feet;
Thence South 89°25'53" East, 10.00 feet;
Thence South 00°34'07" West, -24.20 feet;
Thence South 89°04'45" East, 54.67 feet;
Thence North 00°55'15" East, 41.51 feet;
Thence South 89°04'45" East, 10.00 feet;
Thence South 00°55'15" West, 41.51 feet;
Thence South 89°04'45" East, 76.85 feet;
Thence South 00°34'07" West, 23.42 feet;
Thence North 89°25'53" West, 15.89 feet;
Thence South 00°34'07" West, 30.43 feet;
Thence North 89°25'53" West, 17.64 feet;
Thence North 00°34'07" East, 30.43 feet;
Paramount Village Center Utility Ease Desc.doc
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Page 2 of 3
Thence North 89°25'53" West, 73.48 feet;
Thence South 00°36'28" West, 189.33 feet;
Thence South 89°25'53" East; 10.23 feet;
Thence South 00°34'07" West, 5.00 feet;
Thence South 89°25'53" East, 63.38 feet;
Thence North 00°34'07" East, 30.43 feet;
Thence South 89°25'53" East, 18.00 feet;
Thence South 00°34'07" West, 30.43 feet;
Thence South 89°25'53" East, 36.59 feet;
Thence South 00°34'07" West, 35.00 feet;
Thence North 89°25'53" West, 98.49 feet;
Thence South 00°34'07" West, 30.43 feet;
Thence North 89°25'53" West, 10.00 feet;
Thence North 00°34'07" East, 30.43 feet;
Thence North 89°25'53" West, 19.74 feet;
Thence South 00°36'28" West, 136.11 feet to a point on the northerly right-of--way line of
said West Cayuse Creek Drive;
Thence North 89°27'08" West, 35.00 feet on the northerlyright-of--way line of said West
Cayuse Creek Drive to the real point of beginning .
PREPARED BY:
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Paramount Village Center Urility Ease Desc.doc
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PARAMOUNT VILLAGE CENTER SUBDIVISION
UTILITY EASEMENT
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SCALE: i" 100'
L INE TABLE
LINE BEAR INO LENGiM
L-1 N89' 23' 33' V 23. 09'
L-2 500' 34' 07' V 30. 43'
L-3 N89.23' 33' V l0. 00'
L-4 N00' 34' 07' E 30. 43'
L-3 589' 23' 33' E 43, 61'
L-6 N00.34'07'E 30.32'
L-7 589' 23' 33' E i B. 00'
L-8 500.34.07'V 70.32'
L-9 500'34.0TV 30. 4J'
L-t0 N89'23'37'V L8. 00'
L-1 I N00' 34' 07' E 30. 4J'
L-12 N89' 23' 33' V 12. 84'
L-IS N00'74'0TE 24, 94'
L-l4 N00'34'0TE 40.93'
L-IS S89.23'33'E 10.00'
L-l6 500' 34' 07' V 40. 99'
L-l7 589'04. 43'E l4. ]9'
L-18 N00'31'0TE 24. lY
L-19 S89'23'S3'E l0. 00'
L-20 500.34' 07' V 24. 20'
L-2l SB9'04'45'E 34. 6T
L-22 N00'33'l3'E 4i. St'
L-23 589.04' 43'E I0. 00'
L-N 500'33' IS'v 41. Sl'
L-23 NB9.23' 33' V I3. B9'
L-26 500' 34' 07' V 30. 43'
L-27 N89' 23' 33' V l7. 64'
L-2B N00'34'07'E 30.43'
L-29 S89' 23' 33' E I0. 27'
L-JO 500' ]4' 07' V 3. 00'
L-31 N00' 34' 0T E 30. (3'
L-J2 SB9.23'33'E 18.00'
L-33 500' 34. 07' V 30. 43'
L-34 SB9. 23' 33' E 36. 39'
L-]3 500' 34' 07' V 30. 43'
L-36 N89.23' 3]' V 10. 00'
L-37 N00'34'0TE ]0. 4J'
L-38 NB9.23' 33' V 19. 74'
_UTIUTY_EASENENT.dvq J/13/2008 4:47:41 PM N5T
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. Adopting Purchasing
Policy for the City of Meridian;
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,