Water Main Easement with The Sundance Company for Silverstone Town SquareADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 f
BOISE IDAHO 04!21!06 12:30 PM II I I I II II I II I II I II I I II II I II I I II II I III
DEPUTY Bonnie Oberbillig
RECORDED-REQUEST Of 10601664
Meridian Public Works
WATER MAIN EASEMENT
THIS INDENTURE, made this ~ix~t' day of February, 2006 between The Sundance Company,
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 water main right-of--way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the water main 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 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 a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water line
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 the Grantee, in making future repairs, will expediently replace and restore the premises
to a condition comparable to that existent prior to undertaking such repairs and replacement.
However, the Grantee will not be responsible for repairing, replacing or restoring any
permanent structures, large trees or brush placed within the area described in this easement.
THE GRANTORS 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.
Water Main Easement Page 1 C056184
EASMT. WTR.doc I
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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.
~~ --_
Chris Anderson, Vice President
Authorized Agent for Sundance Investment LP
STATE OF IDAHO
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County of Ada )
On this ~ day of February, 2006, before me, the undersigned, a Notary Public in and
for said State, personally appeared Chris Anderson, known or identified to me to be the Vice
President, respectively, of The Sundance Company 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 first above written.
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NOTARY PUBLIC FOR IDAHO
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EASMT. WTR.doc
C056184
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CITY OF MERIDIAN
Tammy de
William G. Berg, Jr., City Clerk
Approved by Council on
STATE OF IDAHO, )
County of Ada, )
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On this ~ day of ,200 before me, the undersigned, a
Notary Public in and for the State of I o, personally appeared Tammy de Weerd and William
G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who
subscribed their names to 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
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Notary Public for Idaho
Residing at: /1~'l~ ~~ )c._ ,.~'c{..
My Commission Expires: ~ f; -- / 5'- ~ ~
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EXHIBIT "A"
WATERLINE EASEMENT
SILVERSTONE CAMPUS SUBDNISION
A permanent waterline easement over under and across a portion of Parcel A of Record
of Survey No. 7123 recorded as Instrument No. 105170551, records of Ada County,
Idaho located in Lot 4 and 5 Block 2 of Silverstone Campus Subdivision as shown on the
Official Plat recorded in Book 89 of Plats at pages 10,295 thru 10,299 records of Ada
County, Idaho, in the NEl/4 of the NW1/4 of Section 21, Township 3 North, Range 1
East, Boise Meridian, City of Meridian, Ada County, Idaho and more particularly
described as follows;
Commencing at a 1/2 inch rebar marking the SW corner of Parcel A of said Record of
Survey, thence along the line common to the West line of said Parcel A and East right-of-
way line of South Jade Way, N00°13' 16"E a distance of 60.87 feet to a point marking the
POINT OF BEGINNING;
Thence continuing along said common line N00°13'16"E a distance of 32.04 feet to a
point, from which a 5/8 inch rebar marking an angle point of said common line bears
N00°13'16"E a distance of 168.61 feet;
Thence leaving said common line S89°19'25"E a distance of 62.84 feet to a point;
Thence S00°40'35"W a distance of 45.79 feet to a point;
Thence S89°43'00"E a distance of 67.84 feet to a point;
Thence S00°17'00"W a distance of 20.00 feet to a point;
Thence N89°43'00"W a distance of 73.04 feet to a point;
Thence N44°44'08"W a distance of 48.36 feet to a point;
Thence N89°44'08"W a distance of 23.08 feet to the POINT OF BEGINNING.
Said easement contains 4116 square feet or 0.09 acres, more or less, and is subject to all
existing easement and rights-of--ways of record or implied.
C056184 WATER LINE EASEMENT KNS 060218.doc
EXHIBIT "B"
WATERLINE EASEMENT
A PORTION OF LOT 4 AND 5 BLOCK 2 SILVERSTONE CAMPUS SUBDIVISION
SITUATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 21
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN
p ~ ADA COUNTY, IDAHO
_ GENERAL
2006 LEGEND
E. OVERLAND RD. - - BOUNDARY LINE
- ROAD CENTER LINE
~ ROAD RIGHT-OF-WAY
- - EASEMENT LINE
SECTION LINE
i -W(8")- - - - - WATER LI N E
QO FOUND 5/8 INCH REBAR
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DATE
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DRAWN BY:
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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 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 Heritaae 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
Discussion of Cost Estimate and Conceat 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,