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Sanitary Sewer and Water Main Easement with DMB Investments, LLC for PinebridgeADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 04124108 03:13 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIII'~IIIIIII~I~II~ II ~~~ RECORDED-REQUEST OF 10SE14g~32 Meridian Ciry SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this J day of,, 20~between DMB Investments, LLC, the party 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; WITNE55ETH: 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. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sanitary Sewer and Water Main Easement easmt.s&w main.doc Page 1 . a~.~ 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 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. GRANTOR: DMB Investments, LLC. Dennis M. Baker, Member STATE OF IDAHO ) ss County of Ada ) On this day of _ ~Dr"~/j , 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Baker, known or identified to me to be a member DMB Investments, LLC, and he executed the within instrument, and acknowledged to me that such company executed the same. ..,.n dW ~T ~~~~',~ have here hand and a ed y off ' 1 seal the day ~ S °`~ e '~' : NOTARY O IDAHO !, .c:, o ~ o ~ E L > ~ ~ Residing at: o~~~ ~ °~~ 6a~~~ mow Commission EXp1reS: ^'' ~ ~ ~o °oc~~o~e;o ~~ GRANTEE: CIT`~~QIAN Sanitary Sewer and Water Main Easement easmt.s&w main.doc Page 111t111U11l//j /~~~~i ~` i~ Tammy de Weerd, yor ~ ~rQ ~~'; r REAL = Attest by J cee Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) . ss. County of Ada ) 7 .A T 176' At //I/IPr~lilll ll\ On this~day of /'1 Pry' , 20Q~ before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, 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) : ~S4';~~T`9~P~,~''L•; NOTARY PUBLIC FOR IDAHO Residin at: g 1 lltl ~, tD ' ~ ~ . ~ P Commission Expires: I~j-l t-l • `, • M ~ i ~ • ~ ~ ~ ~ ' ~ ~ ~; OF ~ '~ . Sanitary Sewer and Water Main Easement easmt.s&w main.doc Pages...~Of 5 EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT, FOR DBM INVESTMENT L.L.C. March 26, 2008 CITY OF MERIDIAN WATER LINE EASEMENTS BEING PORTIONS OF THE SOUTHEAST 1/ 4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: LINE "A" COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE S 16°46'32" W 2814.81 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PROPOSED PINE STREET, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 58.00 FEET TO A POINT; THENCE S 89°39'03" W 20.00 FEET TO A POINT; THENCE N 00°20'57" W 58.00 FEET TO A POINT; THENCE N 89°39'03" E 20.00 FEET TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; LINE "B" COMMENCING AT THE NORTHEAST CORNER OF SECTION 8, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO; THENCE S 08°35'41" W 2734.52 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF PROPOSED PINE STREET, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 00°20'57" E 60.75 FEET TO A POINT; THENCE S 89°39'03" W 20.00 FEET TO A POINT; THENCE N 00°20'57" W 60.75 FEET TO A POINT; THENCE N 89°39'03" E 20.00 FEET TO THE REAL POINT OF BE THIS DESCRIPTION; ~ I ~~'*,~70 ~~ y3,9 ,~I u'~° ~ 'age~o~-~--- ~'r~ OFtO ~.~'~ EXHIBIT "B" N .] L ~~ LINE TABLE LINE LENGTH BEARING L-1 58.00' S 00'20'57" E L-2 20.00' S 89'39'03" W L-3 58.00' N 00'20'57" W L-4 20.00' N 89'39'03" E L-5 60.75' S 00'20'57" E L-6 20.00' S 89'39'03" W L-7 60.75' N 00'20'57" W L-8 20.00' N 89'39'03" E REVISIONS PINE AVE. L-4 L-3II'L-1 u L-2 L-8 ~~ AREA FOR LINE "A" 1,160 SQ.FT. FAIRVIEW AVE. rJ ~ 4 S 89'57'11" W 2644.02' $~ 9 ~ i ~ I^-I / / M N / ~ O / ~ 3 / / a o ~ / o W ~/ ;~ / ~ 0~ ~/ ~~^~ "~/ ~j N/ ^D~j 3l ~~~j ir> / ~ / :~/ / `~ / ~' ~ / ~ / ~ / / / ~ / ~ ~~ / / ~ BEGINNING POINT " ' ~ OF LINE "A» L-7 I'' ~--s u L-6 AREA FOR LINE "B" 1,215 SQ.FT. BEGINNING POINT OF LINE "B" 0 Stanley Consultants ~N~. 2264 S. BONITO WAY, SUITE 150 MERIDIAN, IDAHO, 83642 JOB N0. DRAWN BY: 20692 ,.CMG ,--- CITY OF MERIDIAN WATER EASEMENT FOR DBM INVESTMENTS L.L.C. BEING A PORTIONS OF THE SE 1/4 OF SECTION 8, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO DWG NAME: DWG DATE: DWG N0. SCALE: WTR-EXHIBITS 03/26/08 1 OF 1 NTS Meridian City Council April 15, 2008 Page 4 of 81 building lot and 1 common lot in a proposed R-15 zone for Villas Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: K. Findings of Fact and Conclusions of Law for Approval: CUP 08-003 Request for a Conditional Use Permit for 21 multi-family dwelling units in a proposed R-15 zone on approximately 3 acres for Villas ~ Lochsa Falls by D.T. Campbell Investments - 5555 North Linder Road: L. Water Main Easement Agreement for Famous Dave's BBQ by Idaho Dave's BBQ, Inc.: M. Water Main Easement Agreement for Idaho Pulmonary by Aspen Grove Development: N. Sanitary Sewer and Water Main Easement Agreement for Paramount Commercial by Ustick Marketplace, LLC: O. Sanitary Sewer and Water Main Easement Agreement for Pinebridge by DMB Investments, LLC: P. Sanitary Sewer and Water Main Easement Agreement for Devon Park No. 3 by Fairview Lakes, LLC: Q. Change Order No. 1 for the Black Cat Trunk Sewer Phase 4 Schedule B&C (Construction) with Knife River for $12,021.08: R. Change Order No. 2 of Contract with Treasure Valley Drilling for Construction of Well 27 for Additional Well Development, Test Pumping and Mud-Weighting Material for $27,000: S. Task Order 0732a with Civil Survey Consultants, Inc. for Well 14 Pump Replacement Design fora Cost Not to Exceed $8,500.00: T. Task Order 0726a for Water Division Facility Phase 2 (Design) with Civil Survey Consultants for $2,420.00: U. South Area Lift Station and Pipeline Project Amendment No. 4 with CH2M HILL for $86,000: V. Pressurized Irrigation Memorandum of Agreement with Brighton Corporation for Paramount Commercial Southwest Subdivision No. 1: Meridian City Council April 15, 2008 Page 5 of 81 W. Economic Development Coordinator Agreement between the City of Meridian and Virtus Enterprises, LLC: X. Award Bid for Grant for Sr. Citizen Center Phase 2 ICDBG-04- 111-01-SR for Window Replacement with Western Siding for $4,620.00: Y. Ratification of Bid Awards Approved on April 8, 2008 with Petra for the New City Hall Plaza: Z. Approve Beer, Wine and Liauor License Renewals: Carrabbas 3285 E. Pine Ave. Beer & Liquor Super Pollo 2031 E. Fairview Ave. Beer New Frontier 116 E. Broadway Ave. Beer & Liquor Fiesta Guadalajara 704 E. Fairview Ave. Beer & Liquor Pizza Hut #2165 675 S. Progress Beer Pizza Hut #2166 1752 W. Cherry Ln. Beer Baja Fresh 1440 N. Eagle Rd. Beer Harvest Buffet 48 E. Fairview Ave. Beer & Wine Ustick Chevron 770 W. Ustick Ave. Beer & Wine Fred Meyer 1850 E. Fairview Ave. Beer & Wine Round Table 499 Main St. Beer & Wine Health Nuts 1756 W. Cherry Ln. Beer & Wine Tobacco Conn. 450 S. Meridian Rd. Beer & Wine Chicago Conn. 1629 N. Main St. Beer ~ Wine Chicago Conn. 1935 S. Eagle Rd. Beer & Wine Siam Thai 2951 E. Overland Rd. Beer & Wine Quick Stuff 3010 Goldstone Dr. Beer & Wine Strikers 324 S. Meridian Rd. Beer 8~ Liquor Busted Shovel 704 N. Main St. Beer & Liquor Goodwood 1140 N. Eagle Rd. Beer & Liquor JB's 1565 S. Meridian Rd. Beer & Liquor Idaho Steakhous e 3560 N. Eagle Rd. Beer & Liquor Texas Roadhous e 3801 E. Fairview Ave. Beer & Liquor Epi's 1115 N. Main St. Beer & Wine Wingers 1701 E. Fairview Ave. Beer & Wine Divine Wine 2310 E. Overland Rd. Beer & Wine 127 Club 127 E. Idaho Ave. Beer & Liquor St. Lukes 520 S. Eagle Rd. Beer 8~ Wine Cafe Indigo 1789 S. Eagle Rd. Beer & Liquor AA. Budget Amendment for IT for Network Infrastructure for the New City Hall: Meridian City Council April 15, 2008 Page 6 of 81 De Weerd: Okay. Item 5 is the Consent Agenda and, Council, I would note that on Item Z on the beer, wine, and liquor license approvals, these have been reviewed and approved by Deputy Chief Joe Silva. Bird: And all the proper paperwork is done? Okay. Madam Mayor? De Weerd: Mr. Bird. Bird: On the Consent Agenda, as I noted earlier, Item 5-X has been asked to be tabled to the 22nd of April 2008. And with that I move that we approve all the rest of the Consent Agenda and for the Mayor to sign and the Clerk to attest on all papers. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Any discussion? Seeing none, Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Legal Department 1. Precious Metal Dealers License: De Weerd: Okay. Item 6, under Department Reports, I will turn this over to Mr. Nary with the legal department. Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, I have a couple of different things for you and I will try to be quick, since there is a full house tonight. The first item, Madam Mayor, Members of the Council, is just a short discussion item regarding precious metal dealers' license. The City Clerk's Office had contacted me the other day, we had a person that came in to inquire about our requirements for a precious metal dealer and we haven't issued one since 2003, so they were a little curious about the process, because we hadn't had anybody request this before. In my offices review of this ordinance, we believe that most of the concerns that were trying to be addressed in this ordinance are now being addressed in the pawn broker ordinance. If you recall a couple years ago, in conjunction with the police department, we revised our pawn broker ordinance and requirements for licensing and such. This particular ordinance, the way it's currently drafted, addresses -- addresses people that deal in secondhand jewelry, precious metals, and including gold and silver, as well as precious gems. So, the last one that was issued for the Diamond Import Store that's up on Main Street was the last one we issued, but yet we have never actually required that a license be issued for Lee Reed Jewelers or Fred Meyer, even