Loading...
Water Main Easement with Debgar, LLC for Camping WorldADA COUNTY RECORDER J. DAVID BOISE IDAHO 02107/08 10;55 AM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF Meridian City WATER MAIN EASEMENT NAVARRO AMOUNT .00 ~I~ ~~~~~~~~~I~~~'~~~~~~I~~~~~~~~~~~I~ 108013631 THIS INDENTURE, made this ~~day of ~~, 20E' between DEBGAR, L.L.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 water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline 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 construction, operation, maintenance, repair, replacement of a waxer main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted i9 for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, irs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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 any permanent strictures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for ffie 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 heroby granted which lies within such boundary thereof or which is a part thereon shall cease and become null and void and of no further effect and shall be completely relir~uished. water Main Easement eaamt wtr main 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 signattu~es the day and year first herein above written. GRANTOR: STATE OF 1DAH0 ) )~ County of Ada ) .__- On this ~ day of ~~A r 20.Q~, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ and . lmown or identified to me to be a Presides and Secretary, respectively, of the corporation that executed the within instrument, and aclmowledged 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. V ER'('V',~~ ~ J G pOr ti~y~'•.• N_O~/TARY P LI ` 9,p r ~ Residing at ~ .e '~ ~ Commission Expires: G_ ~,~ ~L IC ~ ~~: •~. Op IDAI~~ A•••. water Main Easement easmt wtr main ~~ GRANTEE: CITY OF MERIDIAN C~ l.~ ,~~ Tammy a Weerd, ~` or ~~` ~.~ ,-~~ ~~"'`e,-^^°SS~,,,~„ •,~ G ~~° .q y. , "~, by William G. Berg, C C~erk ~ ~ _ Approved By City Council On: STATE OF IDAHO, . ss. County of Ada ) ~,~~ On this L-2-t day of 20~ before me, the undersigned, a Notary Public in and for said State, personally appeared T 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. . EEN--- • ,4 ~y . y ., . •. • ~ ¢ (SEAL) : ,•' Q. '~ ~ ',, O•. NOTARY PUB IC FOR IDAHO ~ : ~ j ' • ' ~ Residing at: 1 ~ ~ ~k~Z_ V~ Q ''"' Commission Expires: ~ (~-~ 1'1 ~ ~, , • ~, ,~ • ~'-- •• - -'" - ~• Water Main Easement easmt wtr main ( n Legal Description City of Meridian Water Main Easement A water main easement for the City of Meridian being located in the SW '/, of Section 13, Township 3 North, Range 1 West, Boise Meridian. Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said SW %, from which a brass cap monument marking the northwest corner of said SW '/4 bears N 0°32'59" E a distance of 2651.39 feet; Thence N 0°32'59" E along the westerly boundary of said SW %4 a distance of 120.84 feet to a point; Thence leaving said westerly boundary S 89°27'01" E a distance of 48.00 feet to the POINT OF BEGINNING; Thence NO°32'59" E along a line 48.00 feet easterly of and parallel to said westerly boundary a distance of 20.00 feet to a point; Thence S 89°27'01" E a distance of 35.00 feet to a point; Thence S 0°32' S9" W a distance of 20.00 feet to a point; Thence N 89°27'01" W a distance of 35.00 feet to the POINT OF BEGINNING. Said parcel contains 700 square feet (0.02 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS \oNP~ LANOs Land Solutions, PC ~5 T December 19, 2007 ~-~' QQF ~, n- ~~~~U ~ tz~ i~ l~-r ~ I~~TTF o F ~~ ~`~~. ON W ~P ~~+~31A i~nrd~~~u~~+O~S Camping World - Gty of Meridian Water Easement ~._ Job No. 07-105 t.and Surveying antl C°nsuning Page _-~ !J !/~ i i~ IK S~'JI1J ~ tORA~' ~At~ ~ WATER EASEMENT EXHIBIT $ CAMPING WORLD TO THE CITY OF MERIDIAN 4 0 ~~ 1~ K) ^f~ I I I ~I ~~I ~~I I 1 1 I 1 I W 1 ~~ 1 ~a I~ !I IJ ' 2J Y4 PAR~L MQ S1?1.>~l1Qi I ~ ~-~ n olui#~on~ Land Surveying and Consulting 231 E. STFI ST. STE A MERIOIAN,ID 83642 ~~ (208) 288-2040 (208) 28&2557 ~ ._.. www,lanCsoluUOr~DIz gi _ se~nrar Ah10 auaz _ _ _ ~~ ?(1J/.7s' . J3!/i SR.2xQY -~~~ Parcel name: 2 North: 701896.1518 Line Course: N 00-32-59 E North: 701916.1509 Line Course: S 89-27-01 E North: 701915.8151 Line Course: S 00-32-59 W North: 701895.8160 Line Course: N 89-27-01 W North: 701896.1518 East 2449268.4850 Length: 20.00 Sast 2449268.6769 Length: 35.00 East 2449303.6753 Length: 20.00 East 2449303.4834 Length: 35.00 East 2449268.4850 Perimeter: 110.00 Area: 700 sq. ft. 0.02 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision 1: 110,000,000.00 ~ Meridian City Council January 22, 2008 Page 2 of 96 discussion that is offered, would you, please, oversee it according to your sovereign goodness and providence. Thank you for those things we pray, and giving you praise for all of the privileges we share as citizens of the United States of America, we pray in the name of the Lord Christ, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. Item No. 4 is the adoption of our agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I hope I have got the current one. We have Item B on the Consent is resolution number 08-596 and we'd like to -- under department reports, Item E, which would be Council president, the appointment of liaisons, and -- oh, I'm sorry. Under Item. 5 on the Mayor's -- the resolution number is 08-597 and ordinance number on Item No. 9 of the regular agenda is 08-1343 and Item 11 is 08-1344 and I#em 21 ordinance number 08- 1345 and 22 is 08-1346 and Item No. 23 will be an ;Executive Session as per Idaho State Code 67-2345(1)(a). With that, Madam Mayor,. I move that we approve the agenda. Rountree: Second. De Weerd: Okay. I have a motion and a second to approve the agenda as amended. All those in favor say aye. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of November 20, 2007 City Council Regular Meeting: B. Approve Minutes of December 11, 2007 City Council Special Meeting: C. Approve Minutes of December 20, 2007 City Council Special Meeting: D. Approve Minutes of January 8, 2008 City Council Regular Meeting: E. Resolution No. CPA 07-012 Request for an amendment to the Comprehensive Plan Future Land Use Map to change the land use designation from Low Density Residential to Meridian City Council January 22, 2008 Page 3 of 96 Commercial for Strada Bellissima Commercial by Strada Bellissima Commercial, LLC -Northwest Corner of Meridian Road and Victory Road at 114 and 156 West Victory Road (Lots 2 & 3, Block 2, Strada Bellissima No. 1 Subdivision): F. Findings of Fact and Conclusions of Law for Approval: CUP 07-016 Request for a Conditional Use Permit for 171 multi-family dwelling units in an R-4 zone on a ten acre site located within the Lochsa Falls Planned Development for Selway Multi-Family Development by J-U-B Engineers -west'``°side of N. Goddard Creek Road, approximately 500 feet north of McMillan Road and '/ mile east of Ten Mile Road: - G. Findings of Fact and Conclusions of Law for Approval: RZ 07- 014 Request for a Rezone of 30.08 acres from R-8 to C-N (13.59 acres) and TN-C (16.49 acres) zones for Cavanauth by Kasterra Development, LLC -Southeast Corner of South Meridian Road and East Victory Road: H. Findings of Fact and Conclusions of Law for Approval: PP 07- 015 Request for Preliminary Plat for 518 lots consisting of 443 single-family residential building lots, _ 1 residential building lot consisting of 32 apartment units; 8 residential building lots consisting of 61 future condo units; 4 mixed use lots consisting of commercial retail on the 1St floor with 12 residential lofts on the 2"d floor; 9 commercial building lots, 1 school building lot, 1 civic/social hall lot, 46 common lots and 5 other lots on 177.43 acres in C-N, TN-C, TN-R and R-8 zones for Cavanaugh by Kastera Development, LLC -Southeast Corner of South Meridian Road and East Victory Road: I. Findings of Fac#'"and Conclusions of Law for Approval: CUP 07-017 Request for a Conditional Use Permit approval to convert the existing Caven home into acivic/social hall in an R-8 zone for Cavanaugh by Kastera Development, LLC -Southeast Corner of South Meridian Road and East Victory Road: J. Findings of Fact and Conclusions of Law for Approval: AZ 07- 012 Request for Annexation and Zoning of 258.39 acres from RUT to C-G zone for Meridian Town Center by CenterCal Properties, LLC -Northwest Corner and Northeast Corner of North Eagle Road and East Fairview Avenue: K. Development Agreement: AZ 05-052 Request for Annexation and Zoning of 7.87 acres from R1 to C-G zone for Sadie Creek Meridian City Council January 22, 2008 Page 4 of 96 Promenade Subdivision by Landmark Development Group, LLC - 3055 North Eagle Road: L. Development Agreement: RZ 07-006 Request for a Rezone of 4.38 acres from an R-8 to an R-15 zone for Bellabrook by J.E. Development, LLC - 300 South Locust Grove Road: M. Sanitary Sewer and Water Main Easement Agreement for Minert Plaza by D&R Property Investment, LLC: N. Sanitary Sewer and Water Main Easement Agreement for Bienville Square Subdivision by Mason Creek, LLC: O. Water Main Easement Agreement_for Sienna K-8 School by Joint School District No. 2: P. Water Main Easement Agreement for Campine World by Debgar, LLC: Q. Streetlight Agreement for Settlement Bridge Subdivision No. 6 by Capital Development: R. Aareement for Instructor Services for Drawing and Cartooning Instruction with Young Rembrandts fora not to exceed amount of $3,360.00: S. Agreement for Instructor Services for Ballroom Dance Instructions with Victor Burke for a not to exceed amount of $2,940.00: T. Aareement for Instructor Services for Belly Dancing Instruction with Jenifer Cavaness-Williams for a not to exceed amount of $5?6.00: U. Aareement for Instructor Services for Early_Childhood Activity Instructor with Sheri Doyle for a not to exceed amount of $5472.00: V. Aareement for Professional Services for Appraisal Services with Buich Appraisal Services for a not to exceed amount of $5,000.00: W. Agreement for Professional Services for Construction an Additional Parking Facility at the Existing Heroes Park with Stanley Consultants for $3,600.00: Meridian City Council January 22, 2008 Page 5 of 96 X. Contract with McLeran Well Drilling, LLC for Well 14 Rehabilitation Work for a cost not to exceed $25,000.00: Y. Contract with Civil Survey Consultants for Design of Water and Sewer Improvements in Conjunction with ITD Road Project Franklin, Touchmark to Fivemile (No. STP-7403(100) for a cost not to exceed $20,380.00: Z. Task Order No. 5 with CH2M HILL relative to the continuation of Qualified Professional Engineer (QLPE) review Services in Lieu of Submittal of Drawings /specifications to the Idaho Department of Environmental Quality (IDEA) for Review with a not to exceed amount of $24,000.00: AA. Memorandum of Agreement with International Association of Firefighters Local 4627 to replace :Local 2311: BB. Addendum to hti n Ru CC. Budget Amendment for New City Hall Construction Costs Carryforward for $3,314,021: DD. Budget Amendment for Public Works for Black Cat Water Main folr $800.00; EE. Budget Amendment for New City Hall Clock for $24,000.00: FF. Budget Amendment for New City Hall Construction Costs Carryforward for $4,500,000: GG. for $3, Public HH. Cooperative Construction and Reimbursement Agreement with Venga Ventures, LLC for $71,683.45: II. Cooperative Construction and Reimbursement Agreement with James Prather Black Cat Trunk Sewer Phase 4, Schedule C for $71,683.45: LL. Approve Beer & Wine License for Roio Callente Restaurantes, Inc. dba Qdoba Mexican Grill #473 at 3068 East Overland Road: Meridian City Council January 22, 2008 Page 6 of 96 MM. License Agreement with Nampa Meridian Irrigation District for the Black Cat Trunk Sewer, Phase 4, Schedule B & C Proiect: De Weerd: Okay. Consent Agenda. I think we are addressing it. Rountree: Madam Mayor? De Weerd: Yes. Rountree: I move that we approve the Consent Agenda with .Item E as 08-596 and to remove items JJ and KK to Item 7, JJ and KK. Wardle: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda with the removal of JJ and KK to Item 7. Is there any discussion? Mr. Berg. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Mayor's Office: 1. Appointment of .:Sharon Borton to Parks and Recreation Commission: De Weerd: Thank you. Item 6-A under the Mayor's department. We have several appointments on here. I will start with item number one. I am asking for your confirmation of my appointment of Sharon Borton to the Parks and Recreation Commission. She is filling the seat of -- that was vacated by Mr. Jim Keller. His seat was expired. in October of 2007 and so this term would be until October of 2010. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Absolutely. With great pleasure and without hesitation, I move that we approve the appointment of Sharon Borton to the Parks and Rec Commission. Bird: Second. Zaremba: Second.