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Release of Easement with James A. Kissler, LLC for SEC Marketplace No. 1, KisslerADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07103108 11:29 AM III IIII'I'lll'I'I"I'IIIII'I'IIII I'll DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF 1~gg77r~~4S City Of Meridian CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated February 19, 2008, and recorded on February 28, 2008 as Instrument Number 108022881 of the records of Ada County, State of Idaho, James A. Kissler, LLC granted to the City of Meridian, an Idaho Municipal Corporation, a sanitary sewer and water main easement for the construction, operation and maintenance of a sanitary sewer line over and across the real property legally described and visually depicted on Exhibits A and B, attached hereto and incorporated herein. WHEREAS, the continuance of this easement is no longer necessary or desirable because the easement description does not accurately reflect the location of the easement. A separate easement that correctly identifies the location has been recorded and will not be affected by this release. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this _ day of , 2008. CITY OF MERIDIAN By Tammy ATTEST ~,~,~., Holman, City Clerk STATE OF IDAHO ss .~ O ~' ~~ ,~ e SEAL ~ . 7 '~ ~J ~ ~. County of Ada ) ~ ~`"~~~~inn~~~``~`` On this 2 day of 1Jl.l , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cep a~~ ybove written. • ~~_-~~. • ~ . , O~ A~~ • .~ • ~ ti ' `~~ i (SEAL) ~ ~ ,~ Notary Public or Id ho '~ ,~ : Residing at: l ~~ ;~ ~ ~G,'~~~ Commission expires: - ~ • '~ ~'. RELEASE OF EASEMENT EXHIBIT A Fox Lana Surveys, /nc. 1575 South Shoshone St: 0 Boise, Idaho D 83705 0 208-342-T957 ~ 208-342-7437 FAX DESCRIPTION FOR A SANITARY SEYYER AND WATER MAIN EASEMENT (PHASE 1) A PORTION OF THE NORTHWEST ~/s OF SECTION 4, TGYVNSHIP 3 NORTH, RANGE 1 EAST, CiO1SE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A Portion of the Northwest'/+ of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly descn'bed as follows; COMIIAENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monument marking the North '/. Comer thereof bears South 89°49'fl8" East, a distance of 2,659.38 feet; 1. thence along the Westerly boundary of section 4, South 00°36'13" West, a distance of 1116.00 feet to a point; 2. thence South 89°51'00' East, a distance of 283.53 feet to the TRUE POINT OF BEGINNING; 3. thence continuing South 89°51'00° East, a distance of 8.51 feet to an at~,gle point; 4. thence North 00°09'OD" East, a distance of 34.50 feet to an angle point; 5. thence South 89°51'00° East, a distance of 22.98 feet to an angle point; 6. thence South 00°57'07" West, a distance of 250.27 feet to an angle point; 7. thence South 44°51'00° fast, a distance of 26.81 feet to an angle point; 8. thence South 89°51'00° East. a distance of 153.16 feet to an angle point; 9. thence North 00°09'00" East, a distance of 20.21 feet to an angle point; 10. thence South 89°51'00" East, a distance of 20.00 feet to an angle point; 11. thence South 00°09'00° West, a distance of 20.21 feet to an angle point;. 1.2. thence South 89°51'00" East, a distance of 170.98 feet to an angle point; 13. thence North 45°35'16" East, a distance of 149.42 feet to an angle point; 14, thence North 00°35'16" East, a distance of 153.58 feet to an angle point; 15. thence North 89°51'00" West, a distance of 43.30 feet to an angle point; 1'6. thence South 00°09'00° West, a distance of 5.49 feet to an angle point; 17. thence North 89°51'00" West, a distance of 13.50 feet to an angle point; 18. thence North 00°09'00" East, a distance of 25.49 feet to an angle point; 19. thence South 89°51'00" East, a distance of 57.28 feet to an angle point; 20. thence North 01°48'53" East, a distance of 21.75 feet to an angle point; 21. thence North 11°53'29" East, a distance of 31.69 feet to an angle point; 22. thence South 89°51'00" East, a distance of 42.24 feet to an angle point; 23. thence South 00°35'00" West, a distance of 3.89 feet to an angle point; 24. thence North 89°24'44" West, a distance of 22.55 feet to an angle point; 25. thence South 11°53'29" West, a distance of 30.29 feet to an angle point; 26. thence South 01°48'53" West, a distance of 35.02 feet to an angle point; 27. thence South 00°35'16° West, a distance of 95.20 feet to an angle point; 28. then©e South 89°24'44' East, a distance of 1-0.17 feet to an angle point; 29. thence South 00°35'16" West, a distance of 20.00 feet to an angle point; 30. thence North 89°2.4'44" West, a distance of 10.17 feet to an angle point; 31. thence .South 00°35'16° West, a distance of 51.22 feet to an angle point; 32. thence South 45°35'16° West,. a distance of 165.90 feet to an angle point; 33. thence North 89°51'00" West,. a distance of 360.62 feet to an angle point; 34. thence North 44°51'00" West, a distance of 34.96 feet to an angle point; 35. thence North 89°51'00" West, a distance of 22.67 feet to an angle point; 36. thence North 00°09'00" East, a distance of 22.09 feet to an angle point; 37. thence South 89°51'00" East, a distance of 16.83 feet to an angle point; 3$. thence North 00°57'07" East, a distance of 136.68 feet to an angle point; 39. thence North 89°02'53" West, a distance of 1'1.00 feet to an angle point; 40. thence North 00°57'07" East, a distance of 71.08 feet to the TRUE POINT OF BEGINNING: Containing. 23,787 square feet (0.546 acres) more or less. Subject to existing easements and rights-of--way as any may exist, of record or not of record. TOGETHER WITH: A Portion of the Northwest'/. of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, tdaho more particularly described as follows; COMMENCING at a found Brass Cap Monument marking the Northwest comer of Section 4, from which a found Brass Cap Monurent marking the North %. Comer thereof bears South 89°49'08° East; a distance of 2,659.38 feet; 41. thence along the Westerly boundary of Section 4, South 00°36'13° West, a distance of 1~ 116.00 feet to a point; 42. thence South 89°51'00° East, a distance of 127.18 feet to the TRUE POINT OF BEGINNING; 43. thence continuing South 89°51'00° East, a distance of 20.00 feet to an angle point; 44. thence South 00°09'00" West, a distance of 31.50 feet to an angle point; 45. thence South 45°09'00" West, a distance of 34.14 feet to an angle point; 46. thence South 00°09'00' West, a distance of 14.61 feet to an angle point; 47. thence South 89°51'00° East, a distance of 11.25 feet to an angle point; 4.8. thence South 00°00'00" West, a distance of 28.98 feet to an angle point; 49. thence North 89°51'00" West, a distance of 11.32 feet to an angle point; 50. thence South 00°09'00° West, a distance of 127.55 feet to an angle point; 51. thence South 45°09'00° West, a distance of 27.86 feet to an angle point; 52. thence North 89°51'00° West, a distance of 35.29 feet to an angle point; 53. thence North 00°36'13° East, a distance of 20.00 feet to an angle point; 54. thence South 89°51'00" East, a distance of 26.84 feet to an angle point; 55. thence North 45°09'00" East, a distance of 11.29 feet to an angle point; 56. thence North 00°09'00° East, a distance of 171.14 feet to an angle point; 57. thence North 45°09'QO" East, a distance of 34.14 feet to an angle point; 58. thence North 00°09'00" East, a distance of 23.22 feet to the TRUE POINT OF BEGINNING. Containing 5,992 square feet (0.137 acres) more or less. The total easement area of the two portions is 29,778 square feet (0.683 acres) move or less. Subject to e~cistillg easements and rights-of--way as any may exist, of record or not of record. Todd Waite, PlS 4999 TJF:taj W:IPROJE(.'TS12007107-033.PR]1PROlEC[IDESCItIP'r10A'S1733SSH2ODESGPE! l .DOC :~.~. END OF DESCRIPTION ~- .-.- -.-.-•-~-sao~s+rwaa~u--•-. -~-- - ~~ ~~~ ~ E Qaww +xr soo~s~~w~~.~r o~ ~s±'soszw ts~.oa ~ c I:I'Illr g~~~~~$£ I I ~ ~ ~ I I~ ~53~"~;a.~l II Ii ~~~~~£~'~~I~~ P ~~ ~~ ~ ~ ~ ~~ ~ ~+~~~ ~~ ~~~ Q S ~~ "> > o ~ ~ ~ ~~~ ~~¢s ~ V l ~~~ a N pN ~y tlC 0 ~~' i !per N ~ r ~ r>, ~pS ~ '~_ ~A:~ o e'f 0 .~ $~~~~a ~~~¢m b ~ ~oogym 10 O ~ *~S~A T W-'~~ ~~~~~~ A}5mr wO~ ~~~~ I>1 o a ~~ ~g ~~ ~~ a ,'r s Y f r iu ,+"p p p ~ p ~~~7~~~~ a~~s~my~Tya~~ Sm y~ ~ ~ ~ r w~ ~ma S~ O }Q~' ~ ' ~ m '~s ~~~r~ ~~~+ ~~~ m § ~@r~a r ~ ~ z~ ~ §~ s S ~ s 4 ~ ow BAGLS~ R w C dl ~~ ~ w ~~ pal ao+'~oeQw+mu-PnIPp r 3 I r Qi ~ 1 ~ m~ 1 o a ~ oa ~ ~ ~ I ~S~S m I I~i m ~ I~ p i ~ I~~ m I I I I I I ~ 1 I ~arw Pgta! ~ Ir~~ b I B ~ I t- 1 '~ II ' ~ ~ f/1 !i ~_~ i ~ O it ~3 I C I~i i ~ ~ _ I fd I ~ 1 v I' 1 o6G~GGCSGG~ Q+N I' I ~i~ I .~;. s ~ g fir" ~~~~~~~~=~ ~ ~s°~ L__~-°e°-~ ~ ~s~m Ilr zzezozosoo G ~_a ~ "~~~ P"I ~i c err rr- n~>~ $3$ I I ! 800~10P~Y~ ~ ~ y~ D S 1 I ~~ I ~ S ;Fy9prj ~ p I 2z I o ~~~f; ~ ~dd~ ~~.s51t~~_~ ~~~m I I I~' zezzrsozmz ~~ 1 0 I ~1 rmmEEE~T~~ ~~ 1 I ~~ m N i 1 ~ Y 1 I O p y I E i~r_ ~ ~ ~I ,~Eti3%Ps~Piw~ ~ O N r r ~gaQ~~p" m ~ ~~ ~ ~~ i gy:~ 3 ~~ ~A~ a 7s~i ~~ L~ ~a ~~ t b ~~_ ~~~ $ ~ ~~yy ~. ~~ ~ ~ ~ " ~ K ~~~ ~ ~ ~ ~ ~~ ~ r~ > s . -ter r a 81181HX8 Meridian City Council June 17, 2008 Page 3 of 55 13, there is a request to continue that until July 22nd. And on Item 16, the proposed ordinance number is 08-1369. Item 17, the proposed ordinance number is 08-1370. And with those modifications, I move that we adopt the agenda. Bird: Second. De Weerd: Okay. I have motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of June 3, 2008 City Council Regular Meeting: B. Findings of Fact and Conclusions of Law for Approval: AZ 08- 003 Request for Annexation and Zoning of 12.06 acres from RUT to R-40 (10.56 acres) and C-C (1.15 acres) zones for ReQency at River Vallev (REVISED) by Mason & Stanfield - 2500 North Eagle Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 08-004 Request for Conditional Use Permit for amulti-family development in a proposed R-40 zoning district for Rectency at River Vallev by Mason & Stanfield - 2500 North Eagle Road: D. Findings of Fact and Conclusions of Law for Approval: VAR 08-002 Request for Variance to UDC Table 11-3C-6 for a reduction in the number of parking spaces required for multi-family dwellings in covered carports or garages for Regency at River Vallev by Mason & Stanfield - 2500 North Eagle Road: E. .Findings of Fact and Conclusions of Law for Approval: VAR 08-004 Request fora Variance to UDC 11-3H-4B.2.a, which prohibits new approaches directly accessing a state highway to allow a temporary access to SH 55/Eagle Road for Great Wall Restaurant by Kinsan Chan - 2590 North Eagle Road: F. Sewer Easement Agreement for Javker's Subdivision by Treehaven, LLC: G. Reauest for Easement Relinquishment for SEC Marketplace No. 1 by Public Works Department: H. Change Order No. 12 for North Black Cat Trunk Sewer with Brown Construction, Inc. for $12,534.00: Meridian City Council June 17, 2008 Page 4 of 55 I. Sanitary Sewer and Water Main Easement Aareement for Woodland Springs: J. Sanitary Sewer and Water Main Easement Agreement for Southeast Corner Marketplace No. 2: K. Agreement supporting Community Development Block Grant (CDBG1 Economic Development/Slum & Blight Project: L. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- III-01-SR for Repair, Re-Stripe, Re-Design of Parking Lots and Spaces for Meridian Senior Center by Henry Boswell Paving for $6,782.82: M. New Liquor License for Brian Wetzel dba Gelato Cafe located at 2053 East Fairview Suite 101: N. Transfer of Owner for Beer License from Gelato Cafe. LLC to Brian Wetzel: O. Right of Wav Easement Agreement (Traffic Signals) with Ada County Highway District for Meridian Fire Station No. 5: De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Noting that item 5-P has been removed from the Consent Agenda, I move that we adopt the Consent Agenda and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve Consent Agenda with the change. If there is no discussion, Madam Clark. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Mayors Office: