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
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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 )
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County of Ada )
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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.
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water Main Easement easmt wtr main
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GRANTEE: CITY OF MERIDIAN
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Tammy a Weerd, ~` or ~~` ~.~ ,-~~ ~~"'`e,-^^°SS~,,,~„ •,~
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by William G. Berg, C C~erk ~ ~ _
Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
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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.
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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 ~,
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i~nrd~~~u~~+O~S Camping World - Gty of Meridian Water Easement
~._ Job No. 07-105
t.and Surveying antl C°nsuning
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WATER EASEMENT EXHIBIT $
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MERIOIAN,ID 83642
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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.