Water Main Easement with Paramount, LLC for McMillan and Meridian RoadsADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 ;
BOISE IDAHO 07127107 12:04 PM
DEPUTY Lisa Irby
RECORDED-REQUEST OF IIIIIIIIIIIIIIII~IIIIIIIIIIII'I
Meridian City 10? 106313
WATER MAIN EHar.1y1L' lr 1
THIS INDENTURE, effective this ~~ day of May, 2007, between PARAMOUNT, LLC, the
party of the first part, and hereafter called the "GRANTOR", and the CITY OF MERIDIAN, Ada
County, Idaho, the party of the second part, and hereafter called the "GRANTEE";
WITNESSETH:
WHEREAS, the Grantor desires 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, service and subsequently connect to said
pipeline from time to time by the Grantee;
NOW, THEREFORE, in consideration 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 Grantee the right-of--way for an easement for the construction, operation, maintenance,
repair, and replacement of a water main over and across the following described property:
A 27' permanent easement adjacent to McMillan Road between STA
100+93.60 and STA 101+13.60 as referenced on the McMillan /Meridian
Roadway Improvements Project final plan set dated May 11, 2007.
The easement hereby granted is for the purpose of construction and operation of a water line
and allied facilities, together with maintenance, additional connection thereto, 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, its
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after construction, making repairs, performing other maintenance or making subsequent
connection to the water line, Grantee shall restore the area of easement and adjacent property
to that existent prior to undertaking such construction, repairs and replacement. 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.
THE Grantor does 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.
Water Main Easement
THE Grantor does hereby covenant with the Grantee that should any part oftheright-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 parties of the first part have hereunto subscribed their
signatures the day and year first hereinabove written.
GRANTOR: PARAMO
By:
STATE OF IDAHO )
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County of Ada )
W. Turnbull, Managing Member
On this ~~ay of , 2007, before me the undersigned, a Notary Public in and
for said State, person y a eared ~AJI i~ W • I U1~V~ Io~,V--, known or identified
to me to be the Managing Member of the limited liability company that executed the within
instrument, and acknowledged to me that such limi~d liability company executed the same.
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Water Main Easement
GRANTEE: CITY OF MERIDIAN
Tammy de, W
Attest by: William G. Berg, Jr~ City Clerk
Approved by City Council on:
STATE OF IDAHO )
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County of Ada )
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On this '~ ~~ day of ~ ~ ~~ ~ , 2007, before me the undersigned, a Notary Public in and
for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR.,
known or identified 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.
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Water Main Easement
Meridian City Council
July 17, 2007
Page 3 of 77
E. Findings of Fact and Conclusions of Law for Approval: VAR
07-011 Request for a Variance to UDC 11-3B-7C2 to count existing
right-of-way for Eagle Road towards the landscape street buffer
width in the C-G zone for Sadie Creek Promenade Eagle Road
Landscaping by Landmark Development Group - Southwest
Corner of Eagle Road and Ustick Road (Sadie Creek Subdivision):
F. Findings of Fact and Conclusions of Law for Approval: VAR
07-012 Request for a Variance to UDC 11-3B-7C2 to count existing
right-of-way for Eagle Road towards the landscape street buffer
width in the C-G zone for Bienville Square Eagle Road
Landscaping by Redcliff Development -west side of Eagle Road,
south of Ustick Road (Bienville Square Subdivision):
G. Findings of Fact and Conclusions of Law for Approval: RZ 07-
009 Request for a Rezone of 24.69 acres from I-L to C-G zone for
Jabil Southeast by Joint School District No. 2 - 1303 East Central
Drive (Portion of Lot 1, Block 1, of the Jabil Subdivision):
H. Development Agreement: AZ 07-005 Request for Annexation
and Zoning of 1.46 acres from RUT to an R-4 zone for the property
located at 1205 West Overland Road for Pfost Property by
Thomas & JoAnn Pfost -1205 West Overland Road:
I. Development Agreement: AZ 07-008 Request for Annexation
and zoning of 3.32 acres from R1 to C-G zone for Zamzows
Overland by JR LLC - 3620 and 3650 East Overland Road:
J. Approve New Beer and Liquor Licenses for Rudy's Beverage
Concession by Dave Edmark at 2310 Overland Road:
K. Water Main Easement Aareement for Paramount Properties on
Meridian and McMillan Road:
L. Approve Indemnification and Limitation of Liability Agreement
with Idaho Power Company for installation of transformers at
New City Hall Building Project:
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
July 17, 2007
Page 4 of 77
Bird: I move we approve the Consent Agenda as published and for the Mayor to sign
and the Clerk to attest on all papers.
Zaremba: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Berg,
will you, please, call roll.
Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Borton, yea.
MOTION CARRIED: THREE AYES. ONE ABSENT.
Item 6: Department Reports:
A. Legal Department:
Presentation of Consolidated Plan for CDBG with Kay
Frances /Emily Kane:
De Weerd: Item 6 under Department Reports, we will start tonight's meeting for
Department Reports with our Legal Department.
Kane: Thank you. Good evening, Madam Mayor and Members of the City Council. I'm
Emily Kane; I'm a Deputy City Attorney in the City Attorney's office. I'd like to provide
you with a brief overview of three documents that you have before you regarding
Meridian's entitlement to Community Development Block Grant program application.
You have before you three documents that must be submitted to the United States
Department of Housing and Urban Development by August 15th in order to obtain a five
year grant for the city, which is projected at this time to be about 1.15 million dollars.
This PowerPoirit looks long, but I'm going to breeze through it very quickly, so that you
can get on with the rest of your agenda. If I go too quickly, please, stop me and we can
review. There are the three documents that the city must submit to HUD, the five year
consolidated plan, the annual plans for 2007, which is the first program year, and an
analysis of the HUD housing in Meridian. So, we have contracted with Kay Francis,
who is also here tonight and you're familiar with her, to prepare these documents on the
city's behalf and she's done that and, actually, done a beautiful job. The 1.15 million
dollar amount is based on a projection -- is a projection based on the 2007 allocation for
-- excuse me -- for the City of Meridian. There are, of course, federal regulations
regarding what the city can spend the money that they do receive from HUD and Kay
Francis is familiar with these regulations and has been helping us navigate that. The
most important one is that 70 percent of these funds must address the use of low and
moderate income persons within the city. So, the draft plan contains priorities for how
we will spend the money. It sets forth a proposal for how we can allocate these funds
and the first priority that we have identified is economic development, basically, to assist
low and moderate income persons by creating jobs and encouraging commercial growth
near their residences by revitalizing downtown and we would do this with -- in