Recreational Pathway Easement with Brighton Development, Inc. and Paramount Owner's Association for Paramount Subdivision No. 22ADA COUNTY RECORDER Christopher D. Rich AMOUNT 28.00 '
BOISE IDAHO 05/16/13 10:02 AM i
RECORDEDIC REQUEST OF III I~II~IIIIIIIIIIIIIIIIIIIIiIII ~~ III
Brighton Development 11..4=i~;r,:1'~
RECREATIONAL PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this ~ day of 2013,
between Brighton Development Inc., an Idaho corporation and Paramount Owners Association,
Inc., hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal
corporation, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian
desires to establish a public pathway; and
WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide
connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement described
herein; and
NOW, THEREFORE, the Grantor does hereby grant unto the Grantee anon-exclusive easement
on the easement area described on Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated herein.
The easement hereby granted is for the purpose of providing public recreational pathway
easements for multiple-use non-motorized recreation, with the free right of access to such
facilities at any and all times, except for periods of closure that may be necessary to
maintain and repair the pathway improvements from time to time.
TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and
assigns forever.
THE GRANTOR hereby covenants and agrees that it 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.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that Grantor shall repair and maintain the pathway improvements.
RECREATIONAL PATHWAY EASF,MF.NT rPa~a~„~~~~~ »i
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such 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
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
RECREATIONAL PATHWAY EASEMENT rpa~am~~~~t zz~
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR:
BRIGHTON DEVELOPMENT INC.,
an Idaho corporation
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B~': David W .Turnbull
Its: President
STATE OF IDAHO )
ss
County of Ada )
On this __~~~~day of , 20~ before me, the undersigned, a
Notary Public in and for sai Sta e, personally appeared David W. Turnbull, known or
identified to me to be the President of the Corporation that executed the within
instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto y hand and affixed my official seal the
day and year fist above written. ~
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RECREATIONAL PATHWAY EASEMENT (Paramount 22)
PARAMOUNT OWNERS ASSOCIATION, INC.,
an Idaho non-profit corporation
Y: David W. Turnbull
Its: President
STATE OF IDAHO )
ss
County of Ada )
On this ~ day of , 2012, before me, the undersigned, a
Notary Public in and for said Sta e, pe ovally appeared David W. Turnbull, known or
identified to me to be the President of the Non-Profit Corporation that executed the
within instrument, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto s
day and year fist above written.
~IVOTARYP~
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hand and affixed my official seal the
R
RECREATIONAL PATHWAY EASEMENT (Paramount 22)
GRANTEE: CITY OF MERIDIAN
G~
Tammy de We' d, Mayor ~'-
City of `f
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Attest b ycee Holman, City Clerk `~"~,. w~P
A~, °~ 10, TA£t. S~~a.
Approved By City Council On: a2~1-~
STATE OF IDAHO )
ss.
County of Ada )
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On this ~ day of ~a~ , ~-~; before 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
sai~ie.
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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OTARY PUB IC FOR IDAHO
Residing at: I~~V' ~ t a~..~? ~ (~
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RECREATIONAL PATHWAY EASEMENT (Paramount 2z)
EXHIBIT A
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THE LAND GROUP, INC.
Date: February 14, 2013
Project No. 113901
PARAMOUNT SUBDIVISION N0.22
EASEMENT DESCRIPTION
An easement located in the NW 1/4 of the NE 1/4 of Section 25, T. 4 N., R.1 W., B. M.,
Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the Section Comer conunon to Sections 24 and 2S of said T. 4 N., R. 1 W., and
Sections 19 and 30 of T. 4 N., R. 1 E., B.M.;
Thence North 89°37'01" West, 2669.33 feet on the section line common to said Sections 24 and
25 to the 1/4 Section Corner common to said Sections 24 and 2S;
Thence South 34°27'20" East, a distance of 1188.50 feet to a point of curve on the northerly
right-of--way line of West Director Street at its intersection with North Fox Run Way, as shown on the
Plat of Paramount Subdivision No. S, recorded in Book 92 of PIats at Page 10969 of Ada County
Records, said point being the REAL PAINT QF BEGINNING;
Thence South 89°36'40" East, a distance of 316.00 feet;
Thence South 00°33'16" West, a distance of 18.06 feet;
Thence North 89°36'40" West, a distance of 295.95 feet;
Thence North 47°31'57" West, a distance of 26.95 feet to the real point of beginning.
PREPARED BY:
THE LAND-C~R9~U]P, II~1C.
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James R. Washb~ar~a, PLS
Site Planning ~ Landscape Architecture ®Civit Engineering o Golf Course Irrigation & Engineering ~ Graphic Design ®Surveying
462 E. Shore Drive, Suite 100 m Eagle, Idaho 83616 ®p 208.939.4041 ®www.thelandgroupinc.com
EXHIBIT B
PARAMOUNT SUBDIViS1ON
SECTION 25, T.4N., R.1 W., B.M.
EASEMENT EXH 1 B iT
-NOT TO SCALE-
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5.25 5.30
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Meridian City Council
May 7, 2013
Page 2 of 46
Item 4: Adoption of the Agenda
De Weerd: Thank you. Item No. 4 is adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: A couple of changes to tonight's agenda. Under Department Reports, 7-A,
that is Resolution No. 13-922. 7-B staff would like to continue this until May 21st, 2013.
7-D, Resolution No. 13-923. 8-A, Ordinances, staff is requesting this be moved to May
14th for the Council to take up. And 8-B is Ordinance No. 13-1556. Madam Mayor,
move adoption of the agenda as amended.
Rountree: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Approve Minutes of April 16, 2013 City Council PreCouncil
Meeting
B. Approve Minutes of April 16, 2013 City Council Regular
Meeting
C. Approve Minutes of April 23, 2013 City Council PreCouncil
Meeting
D. Approve Minutes of April 23, 2013 City Council Regular
Meeting
E. Findings o€ Fact, Conclusions of Law for Approval: VAR 13-
001, Knightsky Estates by Iron Mountain Real Estate, Inc.
Located on the Northwest Corner of Chinden Boulevard and N.
Linder Road Request: Right-InlRight-Out Access Point to State
Highway 20126 (Chinden Boulevard)
F. Findiings of Fact, Conclusions of Law and Order for Approval:
MDA 13-005 Sadie Creek by Sadie Creek Commons, LLC
Located Sou#hwest Corner of N. Eagle Road and E. Ustick
Road Request: Amend the Sadie Creek Development
Meridian City Council
May 7, 2013
Page 3 of 46
Agreement (Instrument #108008770) for the Purpose of
Attaching a Concept Plan and Modifying Certain Provisions
G. Findings of Fact, Conclusions of Law for Approval: PP 13-005
Oak Leaf Subdivision by Oak Leaf Development Company, Inc.
Located North of Chinden Boulevard and Approximately a 114
Mile East of N. Black Cat Road Request: Preliminary Plat
Consisting of Four {4) Single Family Lots and Two (2) Common
Lots on Approximately 10.10 Acres in an R-2 and R-8 Zoning
Dis#ricts
H. Findings of Fact, Conclusions of Law for Approval: AZ 13-004
Thompson Farm by R. Orville & Heidi Thompson Located at
975 S. Locust Grove Road Requesf: Annexation and Zoning of
2.38 Acres of Land with a C-C (Community Business) Zoning
Distric#
I. Findings of Fact, Conclusions of Law for Approval: AZ 13-002
Heron Ridge Es#ates Subdivision by Mason and Stanfield, Inc.
Located North of Chinden Boulevard, South of the Phyllis
Canal and Approximately a 112 Mile East of N. Black Cat Road
Request: Annexation of 10.10 acres of Land from RUT and R-1
in Ada County to the R-2 {Low-Density Residential) Zoning
District
J. Findings of Fact, Conclusions of Law for Approval: PP 13-006
Heron Ridge Estates Subdivision by Mason and Stanfield, Inc.
Located North of Chinden Boulevard, South of the Phyllis
Canal and Approximately a 112 Mile East of N. Black Cat Road
Request: Preliminary Plat Approval Consisting of Sixteen (16)
and Single Family Residential Lots and Five (5) Common Lots
on Approximately 9.76 Acres in a Proposed R-2 Zoning District
K. FP 13-019 Rushmore Subdivision by Tealey's Land Surveying
Located South of W. Pine Avenue, West of W. Broadway
Avenue Request: Final Plat Consisting of Three (3) Multi-
Family Residential Building Lots and Two {2) Common Lots on
Approximately 2.17 Acres of Land in an R-15 Zoning District
L. FP 13-016 Zebulon Village Subdivision by The Traditions by
Amyx II, LLP Located South of E. McMillan Road and West of
N, Eagle Road Request: Final Plat Approval Consisting of 40
Single-Family Residential Building Lots and Six (fi)
Common/Other Lots on 14.94 Acres in an R-4 Zoning District
Meridian City Council
May 7, 2013
Page Q of 4fi
M. FP 13-013 Villas at Lochsa Falls No. 2 by Hayden Homes
Located West Side of N. Linder Road, Midway Between
Chinden Boulevard and W. McMillan Road Request: Final Plat
Approval Consisting of Twenty-Eight (28} Residential Lots and
Three (3) Common Lots on Approximately 4.33 Acres in an R-8
Zoning District
N. FP 13-014 Spurwing Orchard Subdivision No. 2 by Brighton
Development, Inc. Located North Side of Chinden Boulevard;
West of N. Ten Mile Road Request: Final Plat Approval
Consisting of Fifty-Four {54) Single Family Residential Lots
and Eight {8) Common/Other Lots on Approximately 14.05
Acres in an R-8 and R-15 Zoning District
O. FP 13-015 Messina Meadows Subdivision No. 4 by Tuscany
Development, Inc. Located North of E. Amity Road, Midway
Between S. Locust Grove Road and S. Eagle Road Request:
Final Plat Approval Consisting of 36 Single Family Residential
Building Lots and Six (6} Common Lots on Approximately
10.52 Acres of Land in an R-8 Zoning District
P. FP 13-017 Red Wing Subdivision by W.H. Moore Company
Located Southeast Corner of S. Meridian Road {SH 55} and E.
Victory Road Request: Final Plat Approval Consisting of Forty-
Eight (48) Single-Family Residential and One {1}Multi-Family
Residential Building Lots and Nine {9) CommonlOther Lots on
31.11 Acres in the R-4 and R-15 Zoning Districts
Q. FP 13-012 Tradewinds Subdivision No. 1 by Don Newell, SDN,
LLC Located Southeast Corner of E. Vic#ory Road and S.
Locust Grove Road Request: Final Plat Approval Consisting of
17 Building Lots and 2 CommonlOther Lots on 10.42 Acres of
Land Zoned R-8
R. Approval of Task Order 10371.a for "Phase 2 Aquifer
Conditioning Feasibility Study, Wells 18 and 22" to GSI Water
Solutions, Inc. for the Not-To-Exceed Amount of $53,100.00
S. Sewer Main Easement for Concept investments, LLP (Yates
Rents}, 203 S Main St.
T. Recreational Pathway Easement Between Bridgetower
Owner's Association and the City of Meridian
Meridian City Council
May 7, 2013
Page 5 of 46
U. License Agreement Between the Nampa & Meridian Irrigation
District and the City of Meridian Regarding the Ten Mile Stor-It
Recreational Pathway on the Ten Mile Drain
V. Paramount Sub. 22 Multi-Use Pathway Pedestrian Easement
W. Lease Agreement for Concessions Operations at Settlers Park
Between All Cad North West, LLP and the City of Meridian
De Weerd: Item 5 is our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: Still checking to make sure I didn't miss anything, but did not. I move
approval of the Consent Agenda and the Mayor to sign and the Clerk to attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Council, I would like to take a moment of silence. We did lose one of our
Meridian residents recently on May 4th in Afghanistan and that was Thomas Page
Murdock and he was here from Meridian and I know that one of his relatives is an
employee here at the City of Meridian. We are flying our flags at half staff in his
memory. But if we could take a moment of silence I would appreciate you giving some
prayers up to his family and in his service to our country. Thank you.
Item 6: Action Items
A. Public Hearing: MDA 13-001 Bellabrook Villas {aka Brookside
Square) by ZWJ Properties, LLC Located 300 S. Locust Grove
Road Request: Modify the Existing Development Agreement to
Allow for the Development of 26 Single-Family Residential
Dwelling Units on the Site
B. Public Hearing: PP 13-002 Bellabrook Villas (aka Brookside
Square) by ZWJ Properties, LLC Located at 300 S. Locust