Sanitary Sewer and Water Main Easement with D&R Property Inv LLC for Minert PlazaADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ;
BOISE IDAHO 0?l07/08 10:~i AM
DEPUTY Bonnie Oberbillig III IIII'~'llllll'IIIII~IIII'IIIIII'll
RECORDED-REQUEST OF 10801~6~8
Meridian City
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this ~ day of N~~ r.~-; 20 ~ l between ~ ~ ~ ~~'-'a'~ ~ wJ ~- ,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 tnaintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by t11e 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)
Tlie easement hereby granted is for the purpose of constntction 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.doc
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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 pereru~ial slu-ubs 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 Graaitee 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 fiirther 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:
State of Idaho )
)ss
County of Ada )
On this day of 20, November 2007, before me, the undersigned, a Notary Public in and for said
State, personally appeared Ryan Minert, known or identified to me, to be the Manager of D & R Property
Investment LLC, a(n) Idaho limited liability company, e cuted the within instrument, and acknowledged
to me that such limited liability company executed the ale.
1N WITNESS WHEREOF, this Agreement,} Jxjeen executed as of the date set forth above.
JEFFREY AUSTIN Res- ir~hl-er[c~~r ,"~~ac (~1
NOTARY PUBLIC commission expires yGtccc~=33 ~~li°
STATE OF IDAHO T
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GRANTEE: CITY OF MERIDIAN
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Tammy de Weerd ayor ; ~ ~'~ ,,~, -e .,y
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Attest by William G. Berg, r., City Clem ~c `',,
Approved By City Council On:
STATE OF IDAHO, )
ss.
County of Ada )
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nn this ~Zr~d day of . ) Ul lrll~d.1~ t.-~ .2005, before me, the undersigned, a Notaty Public
in and for said State, personally appeared Tammy 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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Legal Description
Minert Plaza Subdivision -Water and Sewer Easement
An easement located in Lot 10 of Block 2 of Honor Park Subdivision No. 3 as shown in Book 78 of Plats on
Page 8191, and more further being located in the NW '/< of Section 18, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, and more particularly described as follows:
Commencing at a '/2 inch diameter iron pin marking the northwest corner of said Lot 10, from which a 5/8
inch diameter iron pin marking the southwest corner of said Lot 10 bears S 9°06'56" E a distance of 220.62
feet;
Thence S 89°32'59" E along the northerly boundary of said Lot 10 a distance of 81.42 feet to the POINT OF
BEGINNING;
Thence continuing S 89°32'59" E along said northerly boundary a distance of 27.16 feet to a point;
Thence leaving said northerly boundary S 7°49'20" E a distance of 50.94 feet to a point;
Thence N 81°11'50" E a distance of 32.10 feet to a point;
Thence S 8°48'10" E a distance of 20.00 feet to a point;
Thence S 81°11'50" W a distance of 32.44 feet to a point;
Thence S 7°49'20" E a distance of 95.34 feet to a point;
Thence N 89°43'10" E a distance of 93.45 feet to a point on the easterly boundary of said Lot 10;
Thence S 0°27'54" W along said easterly boundary a distance of 35.00 feet to a point;
Thence leaving said easterly boundary S 89°43'10" W a distance of 108.53 feet to a point;
Thence N 7°49'20" W a distance of 74.90 feet to a point;
Thence S 86°14'50" W a distance of 15.94 feet to a point;
Thence N 3°45'10" W a distance of 6.05 feet to a point;
Thence S 81°06'30" W a distance of 33.23 feet to a point;
Thence N 8°53'30" W a distance of 20.00 feet to a point;
Thence N 81°06'30" E a distance of 35.03 feet to a point;
Thence N 3°45'10" W a distance of 101.01 feet to the POINT OF BEGINNING.
This easement contains 9,993 square feet and is subject to any
other easements existing or in use.
Clinton W. Hansen, PLS
Land Solutions, PC
Revised: February 4, 2008
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Minert Subdivision
Job No. 07-41
~ 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 Item 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 ,Selwav Multi-Family
Development by J-U-B Engineers -west side of N. Goddard
Creek Road, approximately 500 feet north of McMillan Road and '/4
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 Cav_anau+gh 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 od
commercial retail on the 1St floor with 12 residential lofts on the 2
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 Fact 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 Camping World by
Debgar, LLC:
Q. Streetlight Agreement for Settlement Bridge Subdivision No. 6
by Capital Development:
R. Agreement for I
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
$2,940A0:
T. Agreement for Instructor Services for Belly Dancing
Instruction with Jenifer Cavaness-Williams for a not to exceed
amount of $576.00:
U. Agreement for Instructor Services for Early Childhood Activity
Instructor with Sheri Doyle for a not to exceed amount of
$5472.00:
V. `Agreement 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 Ex_ fisting 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 the Citv of Meridian / Meridian Rural Fire
Protection District Firefighting _and Life Preservation Service
CC. Budget Amendment for New City ` Hali Construction Costs
Carryforward for $3,314,021:
DD. Budget;Amendment for Public Works for Black Cat Water Main
for $800.00;
EE. Budget Amendment for New Citv Hall Clock for $24,000.00:
FF. Budget Amendment for New City Hall Construction Costs
Carryforward for $4,500,000:
GG.
for $3,700
Public
HH. Cooperative Construction and Reimbursement Agreement with
Venga Ventures, LLC for $71,683.45:
IL Cooperative Construction and Reimbursement Agreement with
James Prather Black Cat Trunk Sewer Phase 4, Schedule C for
$71,683.45:
LL. Approve Beer 8~ 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.