Sanitary Sewer and Water Main Easement with Ustick Marketplace, LLC for Paramount Commercial.~
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 04/24/08 03:13 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED-REQUEST OF 1564$233
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this IJ~ day of ~ , 2(I~0 between ~('~~~~ (~~(A~a+eLLV
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 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.
Sanitary Sewer and Water Main Easement
EASMT SW (4).doc
Page~_ofy(
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 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: ~~c,(//~il~~~/oe~i GGC
~y: yrs~~ ~ ~.~Li~~ GGC , ~~ „~,~.~,yfjri 8~ =
itl~ e ids
Secretary
STATE OF IDAHO )
ss
County of Ada )
On this U - day of ~~ I , 20 d D, before me the ndersigned, a Notary
Public in and for said State, personally appeared~Q~~ ~ ' ~~ and
known or identified to me to be the ~ 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.
J`~~'''..«..RF
o.r o~ARY~
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Sanitary Sewer at~~~
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N T RY PU~LIE R IDAHO
Residing at: ~ ~ ~~
Commission Expires:
EASMT SW (4).doc
Page~o~_
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, ayor ~~`~~ ~'~ ~~~''~.
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Attest by aycee Holman, City C~.erk ~ ,p
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
On this~~day of ~ , 200, before me, the undersigned, a Notary Public
in and for said State, person lly 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) ~ ;' '*1 ,~.'.'~ . NOTARY PUBLIC FOR IDAHO
• Residin at•
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Sanitary Sewer and Water Main Easement EASMT SW (4).doc
Page) of`~
EXHIBIT A
SANITARY SEWER ~ WATER EASEMENT
A PART OF THE SW 1 /4 SW 1 /4, SECTION 25, T. 4 N., R. 1 W., B.M.
s 1/~s w car. MERIDIAN, ADA COUNTY, IDAHO
• seg. z5 2008
illegible L4 4.47'
r~ -i,n ~ 4.47'
L2 ~ L~ ______'~ -------------L6______________
~ -------
~ o ~ -- --~-- -- l14 -- -- r- -i -- --
~ --L16__sui ---------------- - ---- ~ 1
` _ ---- ------ --T----,
~ ~ I
i~ ~ i I
ro'z
MI ~ ~ ~i I
~~ ~ ~ ~ EASEMENT I
,~~ N ^i 24,444 sq. ft.
I
~I Ji I I
of ~ ~ I
I
Z~ L17 j ~8
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~ L10 I
~ ~ ~ I ^I I
yap ~____ I ~I
~°' ~--- -- ----~-L12~ -- --
SW Cor.
Sec. 25 _ -Ni N89 24'33"W
PELS 3260 -----N8924'33~W ------------------
670.45'
CP&F Inst. W. McMillan Road 2011.35'
No. 103178913
S 1/4 Cor.
Sec. 25
PLS 8575
CP&F Inst.
No. 103178916
LEQEND
Q Calculated point
Found Brass cap monument
Set 5/8"x 30" iron pin
w/plastic cap PLS 9366
® Found 5/8" iron pin
• Set 1/2"x 24" iron pin
w/plastic cop PLS 9366
- - Boundary line
Lot Line
Section line
'-------- - Easements
LINE TA BLE __
LINE LENGTH BEARING
Lt 35.00 N00'24'S "E
L2 17.00 g ' 4'
L3 13.70 0 '
L4 26.95 SS '3 '04`
L5 13.70 S00'24'56"W
L6 432.04
L7 198.41 "yy
L8 13.79 4"
L9 20.00 S00'24'S6"W
L10 13.79 N8 '35'04"W
L11 51.77 4' "W
L12 38.97 N 4' "W
L13 240.56 N '
L14 368.01 N89'35'04"W
L15 5.50 S00'24'56"
L76 69.00 8 '
L17 38.00 '3 ' 4"
Paramount CorrrmerlclSl Soult~wsat Sub. No.1
SANITARYSEWER d~ WATER E~SEMEM
JOB NO. JN01OO
DNt? NO. N NNfII~IIt
_ anon £~, `'"~ ~,,~: N ra ~~ p
t~Cl ix. ar+a~orsar>wotna~
ptgl4fl~b11 FirpA~~fGA1Y
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EXHIBIT B
!/ ~ S~ ~ ~ Professional Engineers, Land Surveyors and Planners
314 Badiola St. Caldwell, ID 83605
~~ ~ ; ~ )nc. Ph (208) 454-0256 Fax (208) 454-0979
e-mail: dholzhev c(~,msen~.us
FOR: Brighton Corporation
JOB NO.: JN0106
DATE: March 6, 2008
SANITARY SEWER & WATER EASEMENT
An easement being a portion of the SWl/4 SWl/4 of Section 25, Township 4 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southwest corner of said SWl/4 SWl/4, said corner lying N 89° 24' 33" W a
distance of 2681.80 feet from the southeast corner of the SWl/4;
Thence N 00° 24' S6" E a distance of 91.88 feet along the west boundary of said SWl/4 SWl/4 to a
point;
Thence S 89° 35' 04" E a distance of 38.00 feet perpendicular to said west boundary to a point on
the easterly right of way of N. Linder Road;
Thence N 00° 24' S6" E a distance of 176.72 feet along said easterly right of way to the POINT OF
BEGINNING of said easement;
Thence N 00° 24' S6" E a distance of 35.00 feet to a point;
Thence S 89° 35' 04" E a distance of 17.00 feet to a point;
Thence N 00° 24' S6" E a distance of 13.70 feet to a point;
Thence S 89° 35' 04" E a distance of 26.95 feet to a point;
Thence S 00° 24' S6" W a distance of 13.70 feet to a point;
Thence S 89° 35' 04" E a distance of 432.04 feet to a point;
Thence S 00° 24' S6" W a distance of 198.41 feet to a point;
Thence S 89° 35' 04" E a distance of 13.79 feet to a point;
MASON & STANFIELD, INC.
SURVEYORS, ENGINEERS & PLANNERS
Page 1 of 2
Page~of
Thence S 00° 24' S6" W a distance of 20.00 feet to a point;
Thence N 89° 35' 04" W a distance of 13.79 feet to a point;
Thence S 00° 24' S6" W a distance of 51.77 feet to a point;
Thence N 89° 24' 33" W a distance of 38:97 feet to a point;
Thence N 00° 24' S6" E a distance of 240.56 feet to a point;
Thence N 89° 35' 04" W a distance of 368.01 feet to a point;
Thence S 00° 24' S6" W a distance of 5.50 feet to a point;
Thence N 89° 35' 04" W a distance of 69.00 feet to the POINT OF BEGINNING of said
easement;
This easement contains 24,444 square feet more or less.
Also, this easement is subject to all easements and rights-of--way of record or implied.
MASON & STANFIELD, INC.
SURVEYORS, ENGINEERS & PLANNERS
Page 2 of 2
Page ~' of~_
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-
III-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 Liquor 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 & 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 8~ Liquor
St. Lukes 520 S. Eagle Rd. Beer & 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