Public Utilities, Irrigation and Lot Drainage Easement with Strada Bellissima, LLC for Out ParcelADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 05/24/07 01:58 PM
DEPUTY Paiti Thompson II I I rII II IIII II IIII I II I II II I II III I III
RECORDED-REQUEST OF 107074~~0
City of Meridian
PUBLIC UTILITIES, IRRIGATION AND LOT DRAINAGE EASEMENT
THIS INDENTURE, made this ~ day of , 2007 between Strada Bellissima, LLC, the parties of
the first part, and hereinafter called the Gran ors, nd the City of Meridian, Ada County, Idaho, Qwest
Communications, Intermountain Gas Company, Idaho Power Company, Cable One, and Nampa Meridian
Irrigation District, parties of the second part, and hereinafter called the Grantees;
WITNESSETH:
WHEREAS, the Grantors desire to provide a public utilities, irrigation and lot drainage easement
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, future public utilities, irrigation and lot drainage facilities maybe installed within said
easement; and
WHEREAS, it my be necessary to maintain, and service said public utilities, irrigation and lot
drainage facilities from time to time by the Grantees;
NOW, THEREFORE, inconsideration 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 Grantees an
easement for the installation, operation, and maintenance of public utilities, irrigation and lot
drainage over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of installation and operation of public utilities,
irrigation and lot drainage and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantees, 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 Grantees, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
installation, making repairs, or performing other maintenance, the applicable Grantee shall restore the
area of the easement and adjacent property to that existent prior to undertaking such installation,
repairs and maintenance. However, Grantee(s) 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 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 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.
0046123.09 EASMT PUDL050707 p~,~,~ ' ~~ " 1' °~
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures
the day and year first herein above written.
GRANTOR:
STRAD LLISSIMA, LLC
i~
Richard D. Evans, Member
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of , 2007, before me, the undersigned, a Notary Public in
and for said State, personally app red ,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.
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0046123.09 EASMT PUDL050707
vbTARY PUBLIC FO DAH
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GRANTEE: CITY OF MERIDIAN
Tammy e Weerd, M or \\~~~~`~\~~Il~t 1 rll °'~~~,,
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Attest by William G. B
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
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On this 22 day of ~/ (, , 20~-'~ before me, the undersigned, a
Notary Public in and for said State, personally ap ared 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.
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0046123.09 EASMT PUDL050707
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EXHIBIT "A"
PUBLIC UTILITY, DRAINAGE, AND
IRRIGATION EASEMENT DESCRIPTION
A Public Utility, Drainage and Irrigation easement situated in the SE1/4 of the SE1/4 of
Section 24, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada
County, Idaho and more particularly described as follows:
Commencing at an aluminum cap monument marking the southeast corner of said
Section 24, from which an aluminum cap monument marking the northeast corner of the
SE1/4 of said Section 24 bears N00°39' 10"E a distance of 2660.89 feet, thence along the
south line of said SE1/4 N89°20'52"W a distance of 480.13 feet to a point, thence
leaving said South line N00°43' 18"E a distance of 170.14 feet to a 5/8 inch rebar
marking the POINT OF BEGINNING;
Thence N00°43' 18"E a distance of 10.76 feet to a point;
Thence along an arc of a curve to the right having a radius of 385.00 feet, an arc length of
119.46 feet, a central angle of 17°46'42", a chord bearing S59°04'37"E a distance of
118.98 feet to a point;
Thence S50°11'16"E a distance of 28.47 feet to a point;
Thence S56°12' 13"W a distance of 10.42 feet to a point;
Thence N50°11' 16"W a distance of 25.53 feet to a point;
Thence along the arc of a curve to the left having a radius of 375.00 feet, an arc length of
112.45 feet, a central angle of 17°10'52", a chord bearing N58°46'42"W a distance of
112.03 feet to the POINT OF BEGINNING.
Said Easement Contains 1,430 square feet or 0.03 acres more or less and is subject to all
existing easements and or rights-of--way of record or implied.
Attached hereto is "EXHIBIT B" and by this reference is made a part hereof.
page "~t n~
C046123 PUDI LEGAL KNS 02 22 07.doc
EXHIBIT "B"
PUBLIC UTILITY, DRAINAGE
AND IRRIGATION EASEMENT
SITUATED IN THE SEl/4 OF THE SEI/4 OF SECTION 24
TO1YlYSHIP 3 NORTH, RANGE 1 1/EST, BOISE MERIDIAN
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2007
LEGEND
- - - SECTION LINE
- - - - BOUNDARY LINE
LOT LINE
- - - ROAD CENTER LINE
ROAD RIGHT-OF-WAY
EASEMENT LINE
- - - - EASEMENT TO BE VACATED
® FOUND ALUMINUM CAP
oQ FOUND 5/8" REBAR
0 FOUND 1/2" REBAR
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DATE
03-15-07
EN- ~ DRAWN BY:
RGS
SCALE:
1 "=60'
24 I 19
N89'20'52"W 480.13' - - . - - ~ - ~ ~ 25 30
STRADA BELLISSIMA OUT-PARCEL PINNACLE
H E w P u o i EASEMENT Engineers, Inc.
izssz w. c=.~.~n.. a.. w~,. e. eaa., loan,
EVANS CONSTRUCTION MANAGEMENT CO. BJ]IS
City of Meridian, Public Worms
Engineering
InferOffice Memo
To: Tara Green
From: Karie Glenn
CC:
Date: 5/24/2007
Re: Original /Recorded Dots for Vault
107074290.,. 5/24/2007 PUID
Strada Bellissima
LLC
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MAY
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City Of
City Cle k ~~an
Strada Bellissima easement
From the desk of...
Karie A Glenn
Dept. Speaalist Supervisor
Public Works: Engineering Division
660 E Watertower Ste 200
Meridian, Idaho 83642-2600
(208) 898-5500
Fax (208)898-9551
• Page 1
Meridian City Council
May 15, 2007
Page 3 of 33
E. Findings of Fact and Conclusions of Law for Approval: PP 07-
004 Request for Preliminary Plat approval of 16 residential lots
(proposed to contain 64 multi-family units) and 3 common lots on
5.7 acres in an L-O zone for Doubletree Subdivision by Ron
Babneau - 1105 West Pine Street:
F. Findings of Fact and Conclusions of Law for Approval: CUP
07-002 Request for a Conditional Use Permit approval to construct
a multi-family development consisting of 64 multi-family dwelling
units (4 plexes) on 16 lots in an L-O zone for Doubletree
Subdivision by Ron Babneau - 1105 West Pine Street:
G. Development Agreement: AZ 06-052 Request for Annexation
and Zoning of 5.17 acres from RUT to an R-8 zone for Portico
Place Subdivision by Portico, LLC - 1780 East McMillan Road:
H. Development Agreement: RZ 06-012 Request for a Rezone of
1.69 acres from an R-4 to a C-C zone for Cherry Linder Rezone
by Darren Blaser - 1440, 1516 and 1528 West Cherry Lane:
I. Approve New Beer & Wine license (2007-08) for Kovit LTD dba
Siam Thai Restaurant at 2951 E. Overland Rd Ste 125:
J. Approve Public Utilities, Irrigation, and Lot Drainage Easement
with Strada Bellissima, LLC for the Strada Bellissima Out-
Parcel:
K. Approve Task Order No. 4 with CH2MHill for continuation of
Qualified Professional Engineer review services in lieu of
plans submittal to IDEA for review:
L. Public Works Chance Order No. 3 for the Black Cat Lift Station
with JC Constructors, Inc. for $5,775.00:
M. .Approve Agreement for Independent Contractor Services with
Blue Rock Group, Inc. for Irrigation Construction at the Old
Creamery Site for $24,000.00:
N. Approve Agreement for Professional Services with Brown
Environmental, Inc. for On-Site Operator Chlorine Training for
$1,500.00:
O. Amendment to Professional Service Agreement with Sage
Community Resources for Louisiana Pacific Community
Development Block Grant:
Meridian City Council
May 15, 2007
Page 4 of 33
De Weerd: Item 5 is the Consent Agenda.
Bird: Madam Mayor?
De Weerd: Yes, Mr. Bird.
Bird: I move we approve the Consent Agenda as published, with the Mayor to sign and
the Clerk to attest on all papers.
Rountree: Second.
De Weerd: Okay. I have a motion and a second to approve the Consent Agenda. If
there is no discussion, Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea.
MOTION CARRIED: ALL AYES.
Item 6: Department Reports:
A. Public Works Department:
1. Discussion of Renee Bentley's Request for Waiver of
City Services Hook Up Requirements for 2730 East
Franklin Road:
De Weerd: Okay. Item 6 under Department Reports, we will start off with our Public
Works Department, Brad.
Watson: Thank you, Madam Mayor, Council members. I believe you have in your
packet a letter from a Rene Bentley regarding a property located at 2730 East Franklin
Road. The property owner is seeking a rezone through Ada County Development
Services and when that application hit Ada County, they referenced Resolution 03-401
that was adopted by the city in 2003 that requires connection to the City of Meridian
services if it's within the impact area. Water and sewer services were installed in
Franklin Road when that two mile stretch of road was rebuilt several years ago. Water
and sewer services were stubbed into each of those properties along there. I haven't
directly, but several of my staff have talked with the -- Ms. Bentley and the Public Works
Department does not have the authority to waive that requirement, so I wrote her a
letter and suggested that she come to Council to request that she not be required to
connect to city services. One point of clarification. There are a multitude of properties
along that particular stretch of Franklin Road that are not connected to city services.
They either were existing prior to '03 or for one reason or another they haven't been
referenced to the City of Meridian for connection. I don't know particularly the answer to
that. That's about all I have. I believe the applicant is here -- yes, Ms. Bentley is here
and, hopefully, she can clarify anything that I stated. Thank you.