Sanitary Sewer and Water Main Easement with Fairview Lakes, LLC for Devon Park No. 3ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .00 '
BOISE IDAHO 04/24/08 03:13 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIII'IIIIIIIIIIIIIII'11 (I'll
RECORDED-REQUEST OF
Meridian Ciry 108E148234
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this l~ day of /Z. , 20(~between ~ f Y ~ C v~% ~-t"~~ `~ t'i-C the
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.s&w main
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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.
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STATE OF IDAHO )
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County of Ada )
On this ~ day of ~~~_, 20~ before me, the undersigned, a Notary
Public in and for said State, personally appeared ~'lartGc,~ lt! , T.~.~,~d and
~~~ ,known or identified to me to be the ~•
et3c, of the ~' that executed the within in~ and
acknowledged to me that such executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
~i11~
N TARY PUBLIC FOR IDAHO
Residing at: ~~~E
Commission Expires: 3.2/- !~
Sanitary Sewer and Water Main Easement smt.s&w main
GLC-.NDA HILDEI3RANDT
Notary Puhlic
State of Idaho P ^
GRANTEE: CITY OF MERIDIAN
Tammy de Weerd,
Attest by
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Holman, City Clerk ,~~ 7 T t~ .'~~~ ``~~~
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Approved By City Council On:
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STATE OF IDAHO, )
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County of Ada )
On this ~ y
rJ da of ~ ~ , 20~g 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) ~'~4';~,OT`4~~;'~'.~,'~ NOTARY PUBLIC FOR IDAHO
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KESTREL LAND
SURVEYING
EXHIBIT A
Legal description for Doug Tamura
Devon Park No. 3 Subdivision Boundary
A re-subdivision of lot 3, block 1 of Devon Park Subdivision No. 2, recorded in Book 91,
at Page 10854 and a portion of lot 2, block 1 of Devon Park Subdivision No.1, recorded in Book
89, at Page 10355, located in a portion of the Southwest quarter of the Southeast quarter of
Section 6, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County,
Idaho, more particularly described as follows:
Commencing at the Section Corner common to Sections 5, 6, 7 and 8, Township 3
North, Range 1 East, B.M.; thence along the South line of said Section 6, North 89°28'06" West
a distance of 2641.06 feet to a brass cap at the quarter corner common to Sections 6 and 7;
thence leaving said South line, North 00°20'01" East a distance of 522.39 feet, to the Real
Point of Beginning;
thence North 00°20'01" East a distance of 453.74 feet to a point;
thence South 90°00'00" East a distance of 317.11 feet to a point on the existing Westerly
right-of-way line of N. Lakes place;
thence South 00°00'00" West 268.05 feet along said extension to a point of curve;
thence along a curve to the right an arc distance of 18.86 feet, said curve having a
radius of 20.00 feet, a central angle of 54°01'13", and a chord bearing South 27°00'36" West a
chord distance of 18.16 feet to a point of reverse curvature along said extension of the Westerly
right-of-way line of North Lakes Place;
thence along a curve to the left an arc distance of 113.14 feet ,said curve having a
radius of 60.00 feet, a central angle of 108°02'26", and a chord bearing South 00°00'00" East a
chord distance,of 97.11 feet to a point of reverse curvature along said westerly right-of-way line
of North Lakes Place;
thence along a curve to the right an arc distance of 18.86 feet, said curve having a
radius of 20.00 feet, a central angle of 54°01'13", and a chord bearing South 27°00'36" East a
chord distance of 18.17 feet to a point of tangency along said Westerly right-of-way line of North
Lakes Place;
thence South 00°00'00" East a distance of 56.21 feet; thence leaving said Westerly right-
of-way of North Lakes Place, North 90°00'00" West a distance of 319.76 feet to the point of
beginning. `~~pt LANpS
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Said parcel contains 3.26 acres, more or less o Q~ Fp c<`~
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Scale: finch= 80 feet File:
Tract 1:3.2581 Acres (141921 Sq. Feet), Closure: n65.1138e 0.01 ft. (1/176254), Perimeter=1566 ft.
01 n00.2001 a 453.74 08 n90.0000w 319.76
02 s90.0000e 317.11
03 s00.0000w 268.05
04 Rt, r=20.00, delta=054.0113, arc=18.86, chord=s27.0036w 18.17
05 Lt, r=60.00, delta=108.0226, arc=113.14, chord=s00.0000e 97.11
06 Rt, r=20.00, delta=054.0113, arc=18.86, chord=s27.0036e 18.17
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KESTREL LAND
SURVEYING
EXHIBIT B
Legal description for Doug Tamura
For a Sanitary Sewer and Water easement
A parcel of land, located in the Southeast Quarter of Section 6, Township 3 North, Range
1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and being more particularly
described as follows,
Commencing at a brass cap monument marking the South Quarter corner of said
Section 6, thence North 00°20'01" East a distance of 522.39 feet to a 5/8" iron pin; thence
South 90°00'00" East a distance of 99.50 feet; thence North 00°20'01" East a distance of
35.74 feet to the POINT OF BEGINNING;
Thence North 00°00'00" East a distance of 334.00 feet;
Thence North 90°00'00" East a distance of 220.00 feet to a point of the Westerly
Right-of-Way line of North Lakes Place;
Thence along said Westerly line, South 00°00'00" West a distance of 30.00 feet;
Thence leaving said Westerly line, South 90°00'00" West a distance of 190.00 feet;
Thence South 00°00'00" West a distance of 144.00 feet;
Thence North 90°00'00" East a distance of 190.00 feet to a point of the Westerly
Right-of-Way line of North Lakes Place;
Thence along said Westerly line, South 00°00'00" West a distance of 10.05 feet to
a point of curvature;
Thence continuing along said Westerly line, along a curve to the right, an arc
distance of 10.41 feet, said curve having a radius of 20.00 feet, a central angle of
29°49'22", and a chord bearing South 14°54'41" West a chord distance of 10.29 feet;
Thence leaving said Westerly line, South 90°00'00" West a distance of 187.35 feet;
Thence South 00°00'00" West a distance of 140.00 feet;
Thence South 90°00'00" West a distance of 30.00 feet, to the point of beginning.
Said Easement contains 19,511 square feet or .448 acres, more or less.
369 E. Watertower Ln., Ste. A, Meridian, ID 83642 (208) 888-7345 phone - (208) 888-7354 fax Kestrelsurvey.com
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Utilility Easement 3/19/2008
Scale: finch= 50 feet File:
Tract 1:0.4479 Acres (19511 Sq. Feet), Closure: n00.0000e 0.00 ft. (1/384067), Perimeter=1486 ft.
01 n00.0000e 334 10 s00.0000w 140
02 n90.0000e 220 11 s90.0000w 30
03 s00.0000w 30
04 s90.0000w 190
05 s00.0000w 144
O6 n90.0000e 190
07 s00.0000w 10.05
08 Rt, r=20.00, delta=029.4922, arc=10.41, chord=s14.5441w 10.29 n
P~r~ ~ ~e /
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 Aareement for Famous Dave's BBQ by
Idaho Dave's BBQ, Inc.:
M. Water Main Easement Aareement for Idaho Pulmonary by
Aspen Grove Development:
N. Sanitary Sewer and Water Main Easement Aareement for
Paramount Commercial by Ustick Marketplace, LLC:
O. Sanitary Sewer and Water Main Easement Aareement for
Pinebridae by DMB Investments, LLC:
P. Sanitary Sewer and Water Main Easement Aareement 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 $12,021.0 8:
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 Aareement 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
Super Pollo
New Frontier
Fiesta Guadalajara
Pizza Hut #2165
Pizza Hut #2166
Baja Fresh
Harvest Buffet
Ustick Chevron
Fred Meyer
Round Table
Health Nuts
Tobacco Conn.
Chicago Conn.
Chicago Conn.
Siam Thai
Quick Stuff
Strikers
Busted Shovel
3285 E. Pine Ave.
2031 E. Fairview Ave.
116 E. Broadway Ave.
704 E. Fairview Ave.
675 S. Progress
1752 W. Cherry Ln.
1440 N. Eagle Rd.
48 E. Fairview Ave.
770 W. Ustick Ave.
1850 E. Fairview Ave.
499 Main St.
1756 W. Cherry Ln.
450 S. Meridian Rd.
1629 N. Main St.
1935 S. Eagle Rd.
2951 E. Overland Rd.
3010 Goldstone Dr.
324 S. Meridian Rd.
704 N. Main St.
Goodwood 1140 N. Eagle Rd.
JB's 1565 S. Meridian Rd.
Idaho Steakhouse 3560 N. Eagle Rd.
Texas Roadhouse 3801 E. Fairview Ave.
Epi's 1115 N. Main St.
Wingers 1701 E. Fairview Ave.
Divine Wine 2310 E. Overland Rd.
127 Club 127 E. Idaho Ave.
St. Lukes 520 S. Eagle Rd.
Cafe Indigo 1789 S. Eagle Rd.
Beer & Liquor
Beer
Beer & Liquor
Beer & Liquor
Beer
Beer
Beer
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Liquor
Beer & Liquor
Beer & Liquor
Beer & Liquor
Beer & Liquor
Beer & Liquor
Beer & Wine
Beer & Wine
Beer & Wine
Beer & Liquor
Beer & Wine
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