Cross Access Easement for Emergency Services with Ten Mile Christian Church for Avest Limited Partnership 2ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 06106108 10:25 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII I III
City of Meridian 1 ~$~~~~~~
Space for recording
CROSS ACCESS EASEMENT OR EMERGENCY SERVICES
This indenture, made this ~~day of ~, 2008 between Ten Mile Christian
Church, the party 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 emergency services access to adjacent
landowners across the property hereinafter particularly bounded and described; and
WHEREAS, in the case of a fire or other emergency on property currently owned by
AVEST LIMITED PARTNERSHIP, alternative access to their property may be required
by the Grantee; and
NOW THEREFORE, in consideration of the benefits to be received by the Grantors and
adjacent landowners, 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 use by fire
and other CITY OF MERIDIAN emergency personnel across the following described
property;
(SEE ATTACHED EXHIBIT A)
The easement hereby granted is for the purpose of free right of access across church
property 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.
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 the easement by
CITY OF MERIDIAN fire and emergency personnel for the purposes stated herein.
-2-
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 grated 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 that 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 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 whomever.
IN WITENESS WHEREOF, the said parties of the first part have hereunrto subscribed
their signature the day and year first herein above written.
GRANTOR
Outreac Minister
On behalf o the Corporation
STATE OF IDAHO )
SS
County of Ada )
On this o~ ~ day of ~_ , 2008, before me the undersigned, a
Notary Public in and for said State, personally appeared ~_ ar t' ~. 1100 ~ r ~
and know or identified to me to the Outreach Minister 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 affixed my official seal the day
and year first above written.
(SEAL) NOTARY LIC FOR IDAHO
Resides at fRo_r~ ~ a ~ l c~.a iR Q
Commission expires: ~l - i 8 • ao i 5/
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GRANTEE: CITY OF MERIDIAN
Approved By City Council On:
STATE OF IDAHO,
ss.
County of Ada )
On this 3rGl day of S1~1r1~ , 20 ~~fore me, the undersigned, a
Notary Public in and for said State, personally 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.
.•' ~•_GR.~' .
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OTARY PUBLIC FOR IDAHO
Residing at: CO~CJ~L~ ~ p
Commission Expires: l6-~ 1-~
Water Main Easement easmt wtr main
EXHIBIT A
Legal Description -Ten Mile Christian Church, Inc. Properly, Cross Access
Easement
A parcel of land located in the SE 1/4 of the SE 1/4 of Section 10, Township 3 North,
Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly
described as follows:
Commencing at the SE Comer of Section 10, formerly monumented by a 5/8" Steel Pin
(Comer Record Instrument Number 8725155), said Point of Commencing being North
57°04"26" West a distance of 0.27 feet from a found Brass Cap Monument (Comer
Record Instrument Number 106168618), said Point of Commenting also being South
89°15'24" East a distance of 2640.64 feet from the S 1/4 Comer of Section 10,
monumented by a found Brass Cap Monument (Comer Record Instnanent Number
8951331), saad Point of Commenting also being South 00°52'05" West a distance of
2646.17 feet from the E 1/4 Comer of Section 10, monumented by a found Brass Cap
Monument (Comer Record Instrument Number 103212098);
Thence North 89°15'24' West, coincident with the southerly line of the SE 1/4 of Section
10, a distance of 965.59 feet;
Thence North 00°44'36" East, perpendicular to the southerly line of the SE 1/4 of Section
10, a distance of 25.00 feet to the POINT OF BEGINNING;
Thence northerly on a non tangent curve to the left an arc distance of 23.08 feet, said
curve having a radius of 32.00 feet, a central angle of 41 °19'50", and a chord bearing
North 21°24'42' East a distance of 2259 feet;
Thence North 00°44'47' East a distance of 135.25 feet to a point of curvature;
Thence northerly on a tangent curve to the left an arc distance of 16.32 feet, said curve
having a radius of 22.00 feet, a central angle of 42°30'16", and a chord bearing North
20°30'21" West a distance of 15.95 feet to a point of reverse curvature;
Thence northerly on a reverse curve to the right an arc distance of 83.78 feet, said curve
having a radius of 46.50 feet, a central angle of 103°13'34", and a chord bearing North
09°51'18° East a distance of 72.90 feet to a point of reverse curvature;
Thence northeasterly on a reverse curve to the left an arc distance of 15.14 feet, said
curve having a radius of 22.00 feet, a central angle of 39°26'30`, and a dwrd bearing
North 41 °44'50' East a distance of 14.85 feet to a point of nontangency;
Thence North 00°44'47" East a distance of 286.06 feet to a point of non~angent
curvature;
Thence easterly on anon-tangent curve to the left an arc distance of 228.85 feet, said
curve having a radius of 432.50 feet, a central angle of 30°19'00°, and a chord bearing
North 77°19'38" East a distance of 226.19 feet to a point of compound curvature;
Thence northerty on a compound curve to the left an arc distance of 54.91 feet, said
curve having a radius of 37.50 feet, a central ang~ of 83°54'12", and a chord bearing
North 20°13'02" East a distance of 50.14 feet to a point of tangency;
Thence North 21 °44'04' West a distance of 231.82 feet to a point of curvature;
Thence northwesterly on a tangent curve to the left an arc d'~stance of 45.21 feet, said
curve having a radius of 37.50 feet, a central angle of 69°04'09", and a chord bearing
North 56°16'08° West a distance of 42.52 feet to a point of tangency;
Thence South 89°11'47" West a distance of 9.72 feet;
Thence North 00°48'13" West a distance of 26.00 feet to a point of non-#angent
curvature;
Thence northeasterly on anon-tangent curve to the left an arc distance of 43.67 feet,
said curve having a radius of 28.00 feet, a central angle of 89°21'56', and a chord
bearing North 43°52'45" East a distance of 39.38 feet;
Thence North 00°48'13' West a distance of 151.45 feet to a point on the northerly line of
the parcel conveyed by wamarrty deed to Cherry Lane Christian Church, Inc. on
November 17, 2003, recopied November 21, 2003, Instrument Number 103195945, Ada
County Recorder Records;
Thence South 88°26'51 ° East, coinadent with said northerly fine, a distance of 29.00 feet
to a point;
Thence South 39°23'27" West a distance of 13.91 feet;
Thence South QO°48'13' East a distance of 167.73 feet to a point of to a point of
curvature;
Thence southeasterly on a tangent curve to the left an arc distance of 21.43 feet, said
curve having a radius of 28.00 feet, a central angle of 43°51'38", and a chord bearing
South 22°44'02" East a distance of 20.91 feet to a point of reverse curvature;
Thence southeasterly on a reven3e curve to the right an arc distance of 25.41 feet, said
curve having a radius of 63.50 feet, a central angle of 22°55'47°, and a chord bearing
South 33°11'57" East a distance of 25.24 feet to a point of tangency;
Thence South 21°44'04" East a distance of 231.82 feet to a point of curvature;
Thence southerly on a tangent curve to the right an arc distance of 92.99 feet, said curve
having a radius of 63.50 feet, a central angle of 83°54'12°, and a' chord bearing South
20°13'02° West a distance of 84.90 feet to a point of compound curvature;
Thence westerly on a compound curve to the right an arc distance of 209.58 feet, said
curve having a radius of 458.50 feet, a central angle of 26°11'23', and a chord bearing
South 75°15'49° West a distance of 207.76 feet to a point of reverse curvature;
Thence southwesterly on a reverse curve to the left an arc distance of 9.94 feet, said
curve having a radius of 6.50 feet, a central angle of 87°36'44°, arm a chord bearing
South 44°33'09° West a distance of 9.00 feet to a point of tangency;
Thence South 00°44'47° West a distance of 253.76 feet to a point of non~angent
curvature;
Thence southeasterly on a non~angent curve to the left an arc distance of 15.14 feet,
said curve having a radius of 22.00 feet, a central angle of 39°26'30°, and a chorYi
bearing South 40°15'16' East a distance of 14.85 feet to a point of reverse curvature;
Thence southerly on a reverse curve to the right an arc distance of 91.20 fleet, said curve
having a radius of 46.50 feet, a central angle of 112°22'25", and a chord bearing South
03°47'19° East a distance of 77.27 feet to a point of reverse curvature;
Thence southwesterly on a reverse curve to the left an arc distance of 19.83 feet, said
wive having a radius of 22.00 feet, a central angle of 51 °39'OT, and a chord bearing
South 26°34'20" West a distance of 19.17 feet to a point of tangency;
Thence South 00°44'47" West a distance of 114.86 feet to a point of curvature;
Thence southeasterly on a tangent wive to the left an arc distance of 50.27 feet, said
verve having a radius of 32.00 feet, a central argyle of 90°00'11", and a chord bearing
South 44°15'19" East a distance of 45.26 feet to a point of tangency;
Thence South 89°15'24° East a distance of 100.06 feet;
Thence South 87°27'15° East a distance of 66.02 feet to a point offset 25.00 feet
perpendicular from the southerly line of the SE 1/4 of Section 10;
Thence North 89°15'24' West, parallel with and offset 25.00 fleet northerly from the
southerly fine of the SE 1/4 of Section 10, distance of 255.02 feet to the POINT OF
BEGINNING.
The area described above contains 42,037 square feet, more or less.
Basis of bearings is Grid North, Idaho State Plane Coordinate System, West Zone.
SKETCH FOR EXHIBIT A
A PARCEL OF LAND LOCATED IIV' THE SE 1/4 OF THE SE 1/4
OF SECTION 10, T. 3 N., R. 1 W , BOISE MERIDIAN,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
2008
N
GRID NORTH LSP.C.S,
WEST ZONE
(NOT 7D SCALE)
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CURVE TABLE
CURVE DE1TA RADIUS ARC CH. BRG. CNORO
C1 41 9'50" 3 00' 08' 7 '42' 9'
C2 430'16' 16.32' N 030' 1 1
C3 .50' ,
C4 26' 2200' $0
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CB '1 .5 ' 91' 0 0 '
c7 . 7 .
C8 '56' 00' 67' N 9. '
C9 43'5 • 00' 9i•
C10
Cif '12'
. 9 9 .O. ,
C12 7 ' 50' O9. 75'49"W 776'
Cf3 8 44" 8.50' 4' 9
C14 6. 5. ,
C15 1 ,
C16 5139'07' 2200' 1983' 6 19.1
C17 90 x0'11 ` 3 5 7' '19
-~-~ ~ ~ ~ E 1/4 CORNER, SECTION 10
FOUND BRASS CAP MONUMENT
CORNER RECORD 103212098
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C4 ~ : f ~ ~~ ~cnav 10, 3
V ~ j ~ FORMERLY MONUMENTID BY °
~ A 5/8" STEEL PIN, CORNER o I
RECORD 8725155; FOUND N ~
C2 I ~ C16 CORNER ECORD 106168818 $ ( N
J j ~ ^ (NOT ACCEPTED) y
C1 {i `' C17 I
~ L 14 L 15 ~~ OF COIO~iCING C
16_75.05 11 --L16 N8975'24=W 965.59' A ~'
S89'i5'24'E 2640.64' '~"
S i/4 CORNER, SECTION 10 F'RANA'LIN ROAD
FOUND BRASS CAP
MONUMENT (1Ll.EG/BLE), A =POINT OF BSGIINIV7NG
CORNER RECORD 8951331
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W~~.~.CI~C 10729
3501 W Elder Street ~ Suffe 2D0 1~,4 ~~
2~ ax aoa-3~az-5353 ~ql~ S P F p5~~
WINW.Whpet~flGGORI
LINE TABLE
LINE BEARING LENGTH
L1 '
L2 N00'44'47"E 1 25'
L3 N00' '47'E 86. '
L4 N 144.04• ,
L5 71' '
is 48' 3"W .
L7 00• '1 '
L8 '
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~ 7'
L10 48'1 1 .
L71 S21' b ~ 1. '
Lf2 '
L13 14 '
L14 9 5' 4 00.06'
L75 T5 60'
L1B '
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Meridian City Council
June 3, 2008
Page 3 of 56
De Weerd: Okay. You have a motion and a second. All those in favor say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda:
A. Approve Minutes of May 20, 2008 Pre-Council Meeting.:
B. Approve Minutes of May 20, 2008 City Council Regular Meeting:
C. Approve Minutes of May 27, 2008 City Council Regular Meeting:
D. Findings of Fact and Conclusions of Law for Approval: SHP
08-003 Request for Short Plat approval to create 4 condominiums
in an existing 4-plex unit on 1 residential building lot on 0.15 acres
in an O-T zone for Noe Valley Condominiums by James McLean
and Karen Swett -121 East King Street:
E. Water Main Easement Aqreement for Arch Rock Subdivision
by CTD Development, LLC:
F. Resolution No. VAC 08-004 Request for
a Vacation of a portion of the public utility easements platted with
Verona Nos. 2 and 3 Subdivision for Verona Nos. 2 and 3 by
Primeland Development -Northeast Corner of West McMillan
Road and North Ten Mile Road:
G. Development Agreement: AZ 07-020 Request for Annexation
and Zoning of 21.81 acres from RUT to R-15 zone for Chalet
Marseilles by RC Meridian Partners, LLC -Northwest Corner of
East Ustick Road and North Locust Grove Road:
H. Change Order No. 2 to Aqreement for Professional Services
with Civil Survey Consultants. Inc. for $4900.00:
I. Standard Form of Aqreement with Star Construction. LLC for
Class A Reclaimed Wastewater Disinfection and Distribution
Improvements for $79,790.00:
J. Cross Access Easement Aqreement for Emergency Services
with Ten Mile Christian Church:
De Weerd: Item 5 is the Consent Agenda.
r
Meridian City Council
June 3, 2008
Page 4 of 56
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On the Consent Agenda, Item F is resolution number 08-611 and Item 6-K has
been moved -- would like to be moved to 7-K in the regular agenda and with that I move
we approve the revised Consent Agenda and for the Mayor to sign and the Clerk to
attest all papers.
Zaremba: Second.
De Weerd: Okay. That was a motion and a second to move 5-K to seven and the rest
as stated. Discussion? 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. Finance Department:
1. Change Order No. 2 with Hobson Fabricatina
Corporation for a Not to Exceed Amount of $9,941.00:
2. Change Order No. 2 with Simplex Grinnell for a Not to
Exceed Amount of $19,499.28:
De Weerd: Item 6 we have Department Reports. Under the finance department -- we
don't have anyone here. Our --
Holman: Madam Mayor, Members of the Council, Keith Bird will not be here this --
Keith Bird. Keith Watts, I'm sorry, will not be here this evening, because he's sick.
De Weerd: Yes. He did have the flu.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I have went over both these. These are -- these are not -- these are change
orders to the contract, but they are -- they are additional work that's been added, not --
not something that was left off the plans or anything like that. It's a different type. So, if