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HomeMy WebLinkAboutFriendship Celebration Connect to United WaterThis Agreement, ,"kDA C01JI TY RECO'CDER J. 0,`f10 HAVARR0 D0IHE, 10A"?C 1996 A IAGkEEWNT lgqFJP i G 1,0/h /�2a ;0R0E0 - REST OF FCE. .!t___ DEPUTY made and entered into this day of T" vl -g—, 1998, by and between the CITY OF MERIDIAN, a Municipal Corporation of the State of Idaho, party of the first part, hereinafter referred to as the "CITY", and FRIENDSHIP CELEBRATION LUTHERAN CHURCH, INC., an Idaho Corporation, party of the second part, hereinafter referred to as "FRIENDSHIP"; WITNESSETH: WHEREAS, FRIENDSHIP owns real property, which is south of Chinden Boulevard between Locust Grove Road and Meridian Road, which is hereinafter described in Exhibit "A" which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, FRIENDSHIP desires to construct its church and a pre-school as soon as possible, and is need of water; and WHEREAS, the property owned by FRIENDSHIP is within the CITY'S Area of Impact; and WHEREAS, the City of Meridian will not, at this juncture, be able to supply water for the needs of the Friendship Church and proper fire protection; and WHEREAS, the City of Meridian will eventually be able to provide water to FRIENDSHIP and be able to meet all of its water needs for fire protection; and FRIENDSHIP CELEBRATION LUTHERAN CHURCH AGREEMENT I WHEREAS, FRIENDSHIP agrees to and will connect to the CITY's water system when it comes within 300 feet of its external property boundaries; and WHEREAS, the City of Meridian made and passed a motion which stated as follows: "Mr. Mayor, I move that we allow Friendship Celebration Church to hook up to United Water with the stipulation that they provide a written agreement with the City of Meridian to hook up to city water as soon as it's available." NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt of which is hereby acknowledged by the parties, the parties hereto, for themselves, their heirs, successors and assigns, do hereby agree as follows: 1. The above recitals are contractual and binding upon the parties. 2. FRIENDSHIP will incur and pay all costs (estimated at $50,000.00) to connect with United Water including the crossing of Chinden Boulevard. The reason FRIENDSHIP made this request was because the City of Meridian cannot supply it with the water or the volume of water required by the City of Meridian Fire Marshall. Without this water FRIENDSHIW cannot develop their church and pre-school. 3. FRIENDSHIP will disconnect water service with United Water and connect its water system to the CITY'S water system when the CITY'S water system comes within 300 feet of the property line of FRIENDSHIP'S land described in Exhibit "A". The city engineer estimates that it will be nine or more years before the City of Meridian will be able to provide the water, but FRIENDSHIP will connect to City water services when that water service comes within 300 feet of the property line of the above described property. FRIENDSHIP CELEBRATION LUTHERAN CHURCH AGREEMENT 2 IN WITNESS WHEREOF, the parties hereto have set their hands and the day and year first above written. CITY OF MERIDIAN t BERT &DCORR]r-F-- MAYOR WILLIAM G. BERG, FRIENDSHIP CELEBRATION LUTHERAN CHURCH, INC. FRIENDSHIP CELEBRATION LUTHERAN CHURCH AGREEMENT STATE OF IDAHO, ) ss. County of Ada. ) On this day o , 1998, before me, the undersigned, a Notary Public in and for said State, perso lly appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the MAYOR and the CITY CLERK of the City of Meridian, 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. STATE OF IDAHO, ) ss. County of Ada, ) On this day of ' Fu, y/` -e� , 1998, before me, the undersigned, a Notary Public in and for said State, personally' appeared LYNN HOUSE and M , c ^ z;z. known to me to be the PRESIDENT and the SECRETARY o riendship Celebration Lutheran Church, Meridian, Idaho, and who executed the within instriunent, and acknowledged to me that the Friendship Church executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ♦ Q Ar R. S� Ad ♦�♦♦ c1� �4,90000B �� `dam o�4m°qT�I�p (SEAL)i �r ® `T f n ® F ®' '_­ARY PUBLIC FOR IDAHO , MY COMMISSION EXPIRES FRIENDSHIP CELEBRATION LUTHERAN CHURCH AGREEMENT 4 EXHIBIT "A" Description for a parcel of land being the NE '/4 of the NE '/4 of the NW '/4 Excepting the northerly 40.00 feet, Section 30, Township 4 North, Range 1 East of the Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast corner of the NW '/4 of Section 30, T. 4 N., R. 1 E., B.M., thence 500004'5T'40.00 feet to a point on the Southerly right of way of US Highway 20-26, The Real Point of Beginning of this description; Thence S 00004'57" W 624.69 feet to the Southwest corner of the NE 1/4 of the NE 1/4 of the NW 1/4' Thence S 89°42'33" W 659.14 feet to the Southwest corner of the NE 1/4 of the NE 1/4 of the NW '/4; Thence N 00°04'29" E 624.85 feet to the point on the Southerly right of way of US Highway 20- 26; Thence N 89°43'23" E 659.22 feet to the real point of beginning of this description. This parcel contains 9.45 acres, more or less, and is subject to all existing easements and rights of way and an access and utility easement over the Westerly 50.00 feet of this parcel. I. II. 1 ADA COUNTY PLANNING & ZONING COMMISSION AGENDA August 13, 1998 7:00 p.m. Les Bois Room, Boise City Hall, 150 N. Capitol Blvd. CALL TO ORDER (7:00 p.m.) ROLL CALL: Joyceanne Fick Louise Luster Ted Simmerman OLD BUSINESS: Margaret Lauterbach David Marquart Chuck Story 98 -34 -CU JOE & PATRICIA WEBB: Findings of Fact & Conclusions of Law COMMISSION ACTION: 2. 98 -36 -CU ARMSTRONG ARCHITECTS/BOISE & MERIDIAN SCHOOL DISTRICTS• A conditional use permit to construct a 65,512 sq. ft. high school occupational training center. The property contains 90 acres and is located on the south side of W. Victory Rd., approximately 1/4 mile west of S. Cole Rd., Boise, Id.; Section 25, T. 3N, R.1E. COMMISSION ACTION: 3. 98-13-PDR/98-07-ZC VIENNA WOODS/PETERSON FAMILY LIMITED PARTNERSHIP/SKYLINE DEVELOPMENT CO.: A 255 lot planned residential development and a zone change from RT (Rural Transition) to R4 (Limited Medium Low Density Residential). The property contains 81.26 acres and is located at 5400 N. Locust Grove Rd., Meridian, Id.; Section 29, T. 4N, R.1E. COMMISSION ACTION: IV. NEW BUSINESS 1. 94 -33 -PDR CHARLESTON PLACE SUB. NO. 03: Final Plat COMMISSION ACTION: 2. 93 -68 -PDR SHAMROCK WEST SUB. NO. 03: Final Plat COMMISSION ACTION: 3. 93 -55 -PDR PEPPER HILLS SUB. NO. 08: Final Plat COMMISSION ACTION: Igg l l 4. 98-14-ZC ALICE CULVER/IVAN & LELLAH HARRIS: A zone change from R1 (Estate Residential) to R4 (Limited Medium Low Density Residential). The property contains 1.39 acres and is located at 6948 W. Rim Acres Ln., Boise, Id.; Section 30, T.3N, R.2E, COMMISSION ACTION: 5. 98-17-ZC JOE BRADLEY: A zone change from R1 (Estate Residential) to M1 (Limited Industrial). The property contains 5.84 acres and is located at the northeast corner of the intersection of W. Joplin Rd. and N. Aspen St., Boise, Id.; Section 22, TAN, R. 1E. COMMISSION ACTION: 6. 98-05-A ART & DALENE SMITH: An appeal of an Ada County Development Services administrative determination that a temporary living quarters is not allowed in the M5 -(Limited Airport Industrial) zone. The applicant's property contains 1.78 acres and is located at 4409 W. Gowen Rd., Boise, Id., Lots 18 & 19, Block 2, Randall Acres Sub. No. 1; Section 30, T.3N, R.2E. COMMISSION ACTION: 7. 98 -37 -CU DANIEL L. WOOLSTON: A conditional use permit to construct a 2,000 sq. ft. detached accessory structure. The property contains 2.01 acres and is located at 2140 N. Ram Ave., Eagle, Id., Lot 4, Block 3, Bighorn Sub.; Section 4, T. 4N, R.1E. COMMISSION ACTION: 8. 98 -38 -CU JAMES L. BURTON: A conditional use permit to construct a 1,727 sq. ft. addition to an existing 960 sq. ft. detached accessory structure. The property contains 2.0 acres and is located at 1896 N. Eagle Rd., Eagle, Id., Lot 1, Block 1, Eagle Feather Sub.; Section 4, T.4N, R.I.E. COMMISSION ACTION: 9. 98 -39 -CU CLAYTON WARREN: A conditional use permit to construct a 1,440 sq. ft. detached accessory structure. The property contains one -acre and is located at 2465 S. Linda Vista Ln., Boise, Id.; Section 23, T.3N, R.1E. COMMISSION ACTION: 10. 98 -41 -CU TEAL-WHITWORTH ARCHITECTS/FRIENDSHIP CELEBRATION: A conditional use permit to allow a pre-school in an existing single family residence in conjunction with the construction of a multi-purpose church facility. The property contains 9.45 acres and is located at 765 E. Chinden Blvd., Meridian, Id.; Section 30, T. 4N, R.IE. COMMISSION ACTION: 11. 98-17-PDR/98-18-ZC PATTERSON'S ROSECREEK_ESTATES SUBDIVISION/ARIEL A. PATTERSON: A planned residential development consisting of 132 buildable lots and 4 landscape lots; and a zone change from RSW (Southwest Community Residential) to R4 (Low Density Residential). The property contains approximately 34.78 acres and is located at 1901 S. Maple Grove Rd., Boise, Id.; Section 23, T.3N, RAE. COMMISSION ACTION: f 12. 98-18-PDR/98-19-PDC &_ 98-15-ZC/98-16-ZC MOONRIDGE SUBDIVISION/MOONRIDGE DEVELOPMENT LLC: An application for a preliminary plat, a planned residential development, a planned commercial development, and a rezone on approximately 69.44 acres. The property is currently zoned RSW (Southwest Community Residential) and is located at 6390 S. Maple Grove Rd., Boise, Id.; Section 1, T.2N., R. 1E. The proposed development is comprised of the following applications: 1. A planned residential development consisting of 220 single family dwelling lots on approximately 61.8 acres and a multi-family/public storage area of approximately 3 acres. 2. A planned commercial development consisting of a multi -tenant, neighborhood commercial lot on approximately 3 acres and a multi -tenant, limited office lot on approximately 1.45 acres. 3. A rezone from RSW (Southwest Community Residential) to R4 (Low Density Residential), R8 (Medium Low Density Residential) and R14 (Medium High Density Residential) to accommodate the residential development and a rezone from RSW to C- 1 (Neighborhood Commercial) and LO (Limited Office) to accommodate the commercial and limited office development. V. OTHER: VI. MINUTES: July 9, 1998 July 23, 1998 COMMISSION ACTION: COMMISSION ACTION: R. 1W R. 1E ADA COUNTY DEVELOPMENT SERVICES _77 Development Application Sites W w P{ y 11 a 1 q w N N tl n p Hearing Date: August 13, 1998 R. 2E BOCC XX P81Z ,\ n Agenda Item _ Incorporated Areas ._. Al m! i g7 a m W 'LY ♦ tb`✓-•m. 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Ada County Development Services/650 Main Street/Boise, Idaho 83702/ (208)364-1277) (MM, 510) MERIDIAN CITY COUNCIL MEETING: JUNE Z 1998 APPLICANT: ITEM NUMBER: 18 REQUEST• DEPARTMENT REPORTS —WILL BERG AGENCY COMMENTS CITY CLERK: SEE ATTACHED LETTER FROM FRIENDSHIP CELEBRATION CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: v U All Materials presented at public meetings shall become property of the City of Meridian. rtlandghip . . Celebrating, Connecting, and Communicating to make Christ knownd May 22, 1998 J?FCETV-Ej) City of Meridian MAY 2 8 1998 33 E. Idaho Avenue Meridian, Idaho 83642 CITY OF I i Dear Mr. Mayor and Members of the Meridian City Council, The wheels of progress turn slowly. I, Tom Hausch, Pastor of Friendship Celebration Lutheran Church, along with our members are at a point where it is time to draft our letter of agreement concerning the variance you approved at the April 7, 1998 Council Meeting. Over the past six weeks we have negotiated with the sellers, we have secured our financing, hired an architect, spoke again with United Water about connecting with them, and began the process of working with Ada County Planning and Zoning to secure a conditional use permit for our pre-school and church. The motion which was made, seconded, and approved by the council follows: Mr. Mayor, I move that we allow Friendship Celebration Church to hook up to United Water with the stipulation that they provide a written agreement with the City of Meridian to hook up to city water as soon as it's available. We, the members of Friendship Celebration, are in agreement with this motion and ask that this letter serve as that agreement. The points of agreement are: 1. We will incur all costs (estimated at $50,000.00) to connect with United Water including the crossing Chinden Road. The reason we made this request is because the City of Meridian cannot supply us with the water volume required by the City of Meridian Fire Marshall. Without this water we cannot develop our pre-school and church. 2. As requested, we will disconnect with United Water, when the City of Meridian provides fire protection water to the property line of our church and pre-school. The city engineer of Meridian estimated that would be another nine or more years. In testimony to this agreement we affix our signatures as Pastor and Officers of Friendship Celebration Lutheran Church. r ` (sident le a 398 N. Sierra View Way, Eagle, Idaho Pastor 836164600 (208) 939-5484 MERIDIAN CITY COUNCIL MEETING:- APRIL 7,1998 APPLICANT: CELEBRATION REQUEST:• • UNITED WATER - SOUTH OF • MERIDIAN • D AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: OTHER: o t, All Materials presented at public meetings shall become property of the City of Meridian. i f' rriendgh"�ip • • Celebrating, Connecting, and Communicating to make Cbrist knownl March 19, 1998 _ City of Meridianmq 33 E. Idaho Avenue Meridian, Idaho 83642 f r y`= Dear Members of the Meridian City Council, My name is Tom Hausch. I am pastor of Friendship Celebration Lutheran Church. We are a mission that began in the West Boise - Meridian areas about four years ago. We presently worship at Eagle High School. We have been actively looking for a church and pre-school site for about ,a year. We have located a 9.4 acre parcel on the -south side of Chinden between Locust Grove and Meridian. The address of the location we would like to purchase is 765 Chinden. The Fire Marshall of Meridian, Mr. Ray Voss, has walked through the home and checked out this property on March 17, 1998. He noted some of the changes which would need to be made in the home so that it could be used for a pre-school. However, the primary need was a water supply in case of fire. The Meridian Water District is about 2 miles away. The Fire Marshall said it would be some time before that supply reaches Chinden. We anticipated this would be a need. After some research, the best solution appears to. be connecting with United Water which is on the other side of Chinden. We respectfully request that the City Council of Meridian give us a variance to connect with United Water for fire protection. When the Meridian Water District comes to this location, we would connect with them. We would appreciate your addressing this matter at your April 7 meeting. I will be in attendance or a representative of our church. If there are other questions or issues I need to address, either before or after the meeting, please advise me. After the water issue is addressed, we will proceed with Planning and Zoning of Ada County. Thank you for addressing this issue. Sincerely, 67-1�m Tom Hausch Pastor of Friendship Celebration 398 N. Sierra View Way, Eagle, Idaho 83616-4600 (208) 939-5484