Water Main Easement with Joint School District No. 2 for Sienna K8ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 !
BOISE IDAHO 02107/08 10:55 AM
RECORDED nREQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII I V III
Meridian Cily 10013633
WATER MAIN EASEMENT
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THIS INDENTURE, made thiS~, day of 2(~between ~~~e parties of
the first part, and hereinafter called the Gran rs, and the City of Me dian, 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 theright-
of-way for an easement for the construction, operation, maintenance, repair, replacement of a water
main over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is 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, it's successors
and assigns forever.
TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after
construction, making repairs, performrng 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 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
Water Main Easement EASMT WTR
MAIN.doc
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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.
STATE OF IDAHO )
ss
County of Ada )
On this ~ 1 day of ~ec.ember , 2001, before me, the undersigned, aNotary Public in
and for said State, personally appeared /..ind... C la--k and
Trc S~ D v r cg r~ ,known or identified to me to be the President 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.
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Water Main Easement EASMT WTR
MAIN.doc
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GRANTOR:
GRANTEE: CITY OF MERTDiAN
,\\~1ltltl llil( ~r
Tammy de Weerd,~ ~ yor ;~~ Cyr' ' ~,~~ '~ q, ~%:
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Attest by William G. Ber , Ci ; l~'k .yG `~
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Approved By City Council On:
STATE OF IDAHO,
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County of Ada )
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On this L2- day of 20~; before me, the undersigned, a
Notary 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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?Hfi LAND G~ot7P, INC.
December 27, 2007
Project No. 07129
Water Main Easement
Sienna Elementary School
0.91 acres
EXHIBIT ~~A"
A 20-foot wide easement for the purpose of construction, access and maintenance of a water main
over a portion of Lot 11, Block 5, of Messina Hills Subdivision No.l (a recorded subdivision on file
in Book 87 of Plats at page 9829, records of Ada County, Idaho), situated in a portion of the
Northeast One Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, described as follows:
Commencing at the East One Sixteenth Corner of said Section 29, which bears
North 89°36'44" West a distance of 1,341.26 feet from the Northeast Corner of said Section 29,
Thence following the northerly line of said Section 29, South 89°36'44" East a distance of 670.56
feet to a point being the Northeast Comer of Messina Hills Subdivision No.l;
Thence leaving the northerly line of said Section 29, and following the easterly line of said Messina
Hills Subdivision No.l, South 00°28'30" West a distance of 698.01 feet to a point;
Thence leaving said easterly line and following the northerly Line of said Lot 11, Block 5,
North 89°36'44" West a distance of 697.13 feet to a point;
Thence following said northerly line, North 66°34'24" West a distance of 120.71 feet to a point on
the easterlyright-of--way line of South Capulet Way;
Thence leaving said northerly line and following said easterlyright-of way line, South 23°25' 36"
West a distance of 17.34 feet to the POINT OF BEGINNING.
Thence leaving said easterly right-of--way line, South 66°30'00" East a distance of 111.39
feet to a point;
Thence South 89°21'29" East a distance of 311.75 feet to a point;
Thence South 45° 17'47" East a distance of 158.74 feet to a point;
Thence South 00°00'00" East a dis#ance of 123.59 feet to a point;
Thence North 90°00'00" East a distance of 7.14 feet to a point;
Thence South 00°00'00" East a distance of 20.00 feet to a point; ..
Thence North 90°00'00' West a distance of 7.14 feet to a point;
Thence South 00°00'00" West a distance of 70.52 feet to a point;
Thence South 44°54'56" West a distance of 24.42 feet to a point;
Thence South 00°00' 34" West a distance of 241.84 feet to a point on the northerly right-
of way line of East Rome Drive;
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Thence following said northerlyright-of--way line, North 89°37' 11" West a distance of
20.00 feet to a point;
Thence leaving said northertyright-of--way line, North 00°00'34" East a distance of
158.08 feet to a point;
Thence North 89°59'26" West a distance of 184.71 feet to a point;
Thence North 00°00' 34" East a distance of 20.00 feet to a point;
Thence South 89°59'26" East a distance of 184.71 feet to a point;
Thence North 00°00'34" East a distance of 71.90 feet to a point;
Thence North 44°54' S6" East a distance of 24.42 feet to a point;
Thence North 00°00'00" East a distance of 197.51 feet to a point;
Thence North 45°17'47" West a distance of 142.31 feet to a point;
Thence North 89°21'29" West a distance of 38.96 feet to a point;
Thence South 00°38'31" West a distance of 5.95 feet to a point;
Thence North 89°21'29" West a distance of 20.00 feet to a point;
Thence North 00°38'31" East a distance of S.9S feet to a point;
Thence North 89°21'29" West a distance of 205.44 feet to a point;
Thence South 23°30'00" West a distance of 248.63 feet to a point;
Thence South 00°00'00" East a distance of 67.19 feet to a point;
Thence North 90°00'00" East a distance of 25.70 feet to a point;
Thence South 00°00'00" East a distance of 40.25 feet to a point;
Thence South 68°30'00" West a distance of 38.56 feet to a point;
Thence South 23°30'00" West a distance of 168.56 feet to a point;
Thence South b6°49'00" East a distance of 49.44 feet to a point;
Thence South 00°49'35" West a distance of 12.24 feet to a point;
Thence South 89°10'25" East a distance of 18.92 feet to a point;
Thence South 00°49'35" West a distance of 20.00 feet to a point;
Thence North 89° 10'2S" West a distance of 18.92 feet to a point;
Thence South 00°49'35" West a distance of 8.78 feet a point on said northerly right-of--way
line of said East Rorne Drive;
Thence following said northerlyright-of--way line, North 89°37' 1 I" West a distance of 20.00
feet to a point;
Thence leaving said northerly right-of--way line, North 00°49'35" East a distance of 27.78 feet
to a point;
Thence North 66°49'00" West a distance of 56.15 feet to a point;
Thence North 23°30'00" East a distance of 210.04 feet to a point;
Thence North 00°00'00" West a distance of 98.16 feet to a point;
Thence North 23°30'00" East a distance of 127.13 feet to a point;
Thence North 66°30'00" West a distance of 17.65 feet to a point;
Thence North 23°30'00" East a distance of 20.00 feet to a point;
Thence South 66°30'00" East a distance of 17.65 feet to a point;
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Thence North 23°30'00" East a distance of 88.$4 feet to a point;
Thence North 66°30'00" West a distance of 135.31 feet to a point on the easterly
right-of--way line of South Capulet Way;
Thence following said easterly right-of-way line, North 23°25'36" East a distance of 20.00 feet
to the POINT OF BEGINNING.
The above described tract of land contains 0.91 acres, more or less, subject to all existing easements
and rights-of--way.
Attached hereto is Exhibit "B" and by this reference is made a part hereof.
Prepared By: The Land Group, Inc.
462 E. Shore Drive, Suite 1 ~
Eagle, Idaho 83616
208-939-4041
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A portion of Lot 11, Block 5, Messina Hills Subdivision No.1
Situated in the NE 1!4 of Section 29,
Township 3 North, Range 1 East, B.M.,
City of Meridian, Ada County, Idaho
POINT OF
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A portion of Lot 11, Block 5, Messina Hills Subdivision No.1
Situated in the NE 114 of Section 29,
Township 3 North, Range 1 East, B.M.,
City of Meridian, Ada County, Idaho
BEGaINNIN~G MESSINA HILLS St1B,iVo.1 I
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ENGINEER/SURVEYOR PROJECT INFORMATION SCALE: 1" = 100'
.~ ~~~~ THFi LAND GRtOUP, INC. EXHIBIT "B" 07.12.04
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A portion of Lot 11, Block 5, Messina Hills Subdivision No.1
Situated in the NE 114 of Section 29,
Township 3 North, Range 1 East, B.M.,
City of Meridian, Ada County, Idaho
LINE LENGTH BEARING
Ll 120.71' N66'34'24"W
L2 17.34' S23'25'36"W
L3 111.39' S66'30'00"E
L4 311.75' S89'21'29"E
L5 5.95' N00'38'31 "E
L6 20.00' N89'21'29"W
L7 5.95' S00'38'31 "W
L8 38.96' N89'21'29"W
L9 158.74' S45"17'47"E
L10 123.59' S00'00'00"E
L11 7.14' N90'00'00"E
L12 20.00' S00'Dp'00"E
L13 7.14' N90ro0'00"W
L14 70.52' S00'00'00"W
L15 24.42' S44'S4'56"W
L16 241.84' 500'00'34"W
L17 20.00' N89'37'11"W
L18 158.08' N00'00'34"E
L19 184.71' N89'59'26"W
L20 20.00' N00'00'34"E
L21 184.71' S89'59'26"E
L22 71.90' N00'00'34"E
L23 24.42' N4454'S6"E
L24 197.51' N00 00'00"E
L25 142.31' N45'17'47"W
L26 205.44' N89'21'29"W
L27 248.63' 523'30'00"W
LINE LENGTH BEARING
Lab 67.1 s' sooroD'DO"E
L29 25.70' N90'00'00"E
L30 40.25' SOOroO'00"E
L31 38.56' S68'30'00"W
L32 168.56' S23'30'00"W
L33 49,44' S66'49'00"E
L34 12.24' S00'49'35"W
L35 18.92' S89'1 D'25"E
L36 20.00' S00'49'35"W
L37 18.92' N89'10'25"W
L38 8.78' S00'49'35"W
L39 20.00' N89'37'11"W
L40 27.78' N00'49'35'E
L41 56.15' N66'49'00"W
L42 210.04' N23'30'00"E
L43 98.16' N00'00'00"W
L44 127.13' N23'3D'00"E
L45 17.85' N66'30'QO"W
L46 20.00' N23'30'00"E
L47 17.65' 56630'00"E
L48 88.84' N23'30'DO"E
L49 135.31' N66'30'00"W
L50 20.00' N23'25'36"E
ENGINEERISURVEYOR PROJECT INFORMATION SCALE: 1' = 100'
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A Parf of Tuscany Subdivisan
Meridian School District
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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 _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 foc 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 Cavanaugh. 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 2nd
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 Instructor Services for Drawing and Cartooning
Instruction with Young Rembrandts for a 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.
rvices
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 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 the City of _ Meridian / Meridian Rural Fire
Protection District Firefighting;, and Life Preservation Service
Contract and Joint Exercise of Power Agreement:
CC. Budget Amendment for New City Hall Construction Costs
Carrvforward for $3,314,021:
DD. Budget Amendment for Public Works for Black Cat Water Main
for $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. Budget Amendment for Public Works for Latecomers Expense
for $3,700,000:
HH. Cooperative Construction and Reimbursement Agreement with
Venga Ventures, LLC for $71,683.45:
I1. 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.