HomeMy WebLinkAboutCity Clerk Checklist-CITY CLERK FILE CHECKLIST
Project Name:
Contact Name:
Marcon Parcel
Elaine Martin
Date Received from Planning and Zoning Department:
File No.
Phone:
MI 02-007
463-0209
August 2, 2002
Date Scanned into Laserfiche Project File: Volume:
Planning and Zoning Level: Hearing Date: N/A
❑ Transmittals to agencies and others:
❑ Notice to newspaper with publish dates:
❑ Certifieds to property owners:
❑ Planning and Zoning Commission Recommendation
Notes:
and
❑ Approve ❑ Deny
City Council Level: Hearing Date:
Transmittals to agencies and others:
Notice to newspaper with publish dates: 08/12/02 and
❑ Certifieds to property owners:
❑ City Council Action: ❑ Approve
❑ Findings / Conclusions / Order received from attorney on:
Findings / Conclusions / Order:
❑ Approved by Council:
❑ Copies Disbursed:
❑ Findings Recorded
Development Agreement:
❑ Sent for signatures:
❑ Signed by all parties:
❑ Approved by Council:
❑ Recorded:
❑ Copies Disbursed:
Ordinance No. Resolution No.
❑ Approved by Council:
❑ Recorded: Deadline: 10 days
❑ Published in newspaper:
❑ Copies Disbursed:
Notes:
❑ Deny
September 3, 2002
August 6, 2002
08/26/02
08/09/02
Resok,tbne:
rng� Rae r Capyy care Mrxdebook
Copy Res / Cap/ Cart Cdy Cbk
City Engreer
city wereer
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St Irg Codfi—
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Fhdkge 1 Orders:
p grey. M—i—k
Copes.. Applies.
Propa[file
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"Record Ve Me Findings"
Recorded Oevebprent Agreements:
On MLF1repraof Fik
Cafesb'.AAO--
Propefik:
City Engneer
City Plermer
City Atlo
D." Ck
MAYOR
r%.
LEGAL DEPARTMENT
(208) 288-2499 - Fax 288-2501
Robert D. Corrie
,.
PARKS & RECREATION
ciTv of - -�i\
(208 888-3579 - Fax 898-5501
CITY COUNCIL MEMBERS
PUBLIC WORKS
Tammy deWeerd
erl�lcn
(208) 898-5500 -Fax 887-1297
William L. M. Nary
IDAHO �j
J/
BUILDING DEPARTMENT
Cherie McCandless
e
(208) 887-2211 - Fax 887-1297
Keith Bird
rorER ° R _ v y SINCE
1903
PLANNING AND ZONING
(208) 884-5533 - Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian City
Council please submit your comments and recommendations to Meridian City Hall
Attn: Will Berg, City Clerk, by: August 29, 2002
Transmittal Date: August 6, 2002 Hearing Date: September 3, 2002
File No.:
MI 02-007
Request: Request for approval of a 24 foot private road to the landlocked Marcon
parcel
By: Elaine Martin
Location of Property or Project:
NW corner of North Linder Road & West Franklin Road
David Zaremba, P/Z (No vAR, vAc, FP)
Jerry Centers, P/Z (No vAR, vac, FP)
_ Leslie Mathes, P/Z (No vAR, vac, FP)
_ Keven Shreeve, P/Z (No vAR, vac, FP)
_ Keith Borup, P/Z (No vAR, vAc, FP)
Robert Corrie, Mayor
_ Bill Nary, C/C
Tammy deWeerd, C/C
Keith Bird, C/C
Cherie McCandless, C/C
Water Department
Sewer Department
Sanitary Service (No vAR, vAc, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Your Concise Remarks:
Meridian School District (No FP)
Meridian Post Office (FP1PPon1.9
Ada County Highway District
Community Planning Assoc.
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FPIPPonlo
U.S. West (FP/PPoni.0
Intermountain GaS(FRPPonlo
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Azon/y)
33 EAST IDAHO - MERIDIAN, IDAHO 83642
(208) 888-4433 - Fax (208) 887-4813 - City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723
juJul -H .� 20024 4:51PM FMARCONst t-t_C (208) 37s—N0.5239 P- 1 P.
CITY OF MERIDIAN ME
Planning 6r Zoning Department
660 E. Watertowcr Ln., Ste. 202, Meridian, ID 83642
(208) 884-5533 Phone / (208) 888-6854 Fax
MISCELLANEOUS A PLICATIO31
APPLICANT: �a��
r1n,,, , �� PHONE. Llh ? —CI<'ET
ADDRESS: 1 Z >y( !7 Gn t/.Q ._17
OWNER.: �z /o G O✓� �� � � C
PHONE: 4"i y!c
ADDRESS: i 4-
GENERAL LOCATION:
LEGAL DRSCRIPTION OF PROPERTY. a
PROOF QF-OWNERSHIP OR Y1ALID OPTION: A copy of your property deed or option
agreement must be attached.
PRESENT ZONE CLASSIFICATION:
VICINITY SKGTCII: A vicinity map and/or site plan at a scale approved by the City showing
property lines, existing strectc, easements, and such other items as the City may require (35
copies).
SURROIJNDING PROPERTY OWNERS: A list of all property owners and addresses (from
authentic tax records of Ada County) within, contiguous to, directly across the street from, and
within a 30Y radius of the property must be attached (if applicable)_
Fee: $225.00
I hereby certify that the information contained lierein is true and correct. I also certify that I will
post the property one (1) week befure each public hcnring.
op (.1
SIGNATURE:
Rev. 211102
Received Time Jul.111. 4147PM
Jul 18 02 01:47p
p.2
RECIIY UWCOTT PLANNING SERVICES
1100 E. Valli Hi Ln.
Eagle, Idaho 83616
Phone: 484-3904 Fax: 938-6210
July 15, 2002
City of Meridian
Attn: Planning Staff
33 East Idaho
Meridian, Idaho 83642
Re: Request for Private Road by Marron (Miscellaneous Application)
Dear Staff:
This is a formal request for approval of a private road application. The applicant, Marcon has obtained a 30 foot
easement from the adjoining east property owner (Mr. Corn) to construct a 24 foot asphalt roadway. The roadway
will provide access to the landlocked Marcon parcel. Sewer will also be extended through this easement for future
serviceability of the site. The applicant wishes to utilize this industrial zoned property as a storage area for concrete
barriers. No building will be constructed at this time. However, it is the intent of the applicant to construct
buildings in the future.
Please schedule the application for review by the City Council.
Sincerely,
Becky Bowcutt ;41A�
P= ��Mmmmmm
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AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO, )
:ss.
County of Ada. )
442_T«A old- �, �Z
I, Haz Tech Drilling, I Wildwood Garden Valley Idaho 83622
being first duly sworn upon oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
Elaine Martin 6236 E. Hunt Ave Nampa Idaho 83687
to submit the accompanying application pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from
any claim or liability resulting from any dispute as to the statements contained herein or as to
the ownership of the property which is the subject of the application.
zr�
DATED this day of 20 Z
i
(SigAature)
1,
SUBSCRIBED AND SWORN to before me the day and year first above written.
r-
Notary PubjjZ or Idaho
Residing at ,/% %e Z z _ , Idaho
My Commission Expires: -Z 7
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Warranty Deed
For Value Received the grantor HAZ TECH DRILLING, INC. ("GRANTOR"),
does hereby grant, bargain, sell and convey unto whose address is 1 WILDWOOD,
GARDEN VALLEY, IDAHO 83622 the grantee HAZ-TECH HOLDING, INC.
CGRANTEE"), the following described premises, in Ada County Idaho, to wit:
SEE ATTAHCED EXHIBIT "A"
TO HAVE AND TO HOLD the said premises, with appurtenances unto the said
Grantee, heirs and assigns forever. And the said Grantor does hereby covenant to and
with the said Grantee, that they are the owner in fee simple of said premises; that they
are free from all incumbrances and that they will warrant and defend the same from all
lawful claims whatsoever.
RECORDED -REOU T OF,'
Dated: December 30, 1998 ADA COUNTY RECORDER 00 �
.J. nAVID NAVARRO IDAVO FEE ._._DEPUTY
Haz Tech Drilling, Inc. � � 1262
� 6 � � 7
ODE 30 Phi 4� 27
BY:
R.. Corn, President
pLUANCE T111-E
STATE OF IDAHO, COUNTY OF ADA, ss.
On this 'JOl day of dmIn the year before , o , before me, the undersigned, a Notary Public In and for
said Stale Personally appeared R.J. CORN known to me to be the PRESIDENT of the corporation that executed this instrument
and the person who executed the Instrument on behalf of said corporation, and ecknowiedged to me that such corporation executed
the some.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year In this certificate first
above written.
No Etc in and for Idaho 3 0
lily commission expires
ATTACHMENT "A"
PARCEL I
A parcel of land situated in a portion of the Southeast Qujirter
of Sectiaa 11, Township 3 the�hr�escribed asst, Boise follows; Merid:,an,
Ada County, Idaho, and fur
COMMENCIt�IG at the Northeast corner of the Southeast Quarter'thence
section 11, Township 3��North,
, a� distancenge I �of 1,164.54oise rfeet; thence
South oo degrees 58 55 said
South 89 degrees 59130" West, a distance of 25.00 feet;
point the REAL POINT OF BEGINNING, thence
South 00 degrees 58155" East, a distance of 179.32 feet to a
point, thence
South a9 degrees 30,19" West, a distance of 333-51 feet to a
point; thence
North oo degrees 58155" West, a distance of 182.36 feet tc a
point, thence
NING_distanCe of 333.55 feet tc the
North 85 degrees 5913011Eas
REAL pOINT of BEGIN
ExCEPTIVG therefrom cepfhighway land for
nttothe y esternhrigright-Of-way y
way line of
situated West and ad3 a
Linder Foad as deeded
in trume t NoY 98125226orded
DECEMBEF 29, 1998
aI5
CORPORATION DEED
For Value Received
HAZ-TBM DRIMTW, INC.
a corporation duly organized and existing under the laws of the State of Idaho, grantor, does hereby
Grant, Bargain, Sell and Convey unto
HAZ1IDCH BMDIM, INC.
whose current address is 1 Wi].ci end, Garden Valley, ID 83622
the following described real estate, to -wit: See Attachment "B"
RECORDED -REQUEST OF
ADA COUNTY RECORDER �+
J. DAVID NAVARRO
"'�!'E.IDAHO FE OEPUTY
1999FE25 PH 4:25 99018665
ALLIANCE TITLE
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee
heirs and assigns forever.
IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has
caused its corporate name to be hereunto subscribed by its President and its corporate seal to be
affixed by its Secretary this
Dgrrr•Tbr, INC.
By
R.
am, PRESIDENT.
ATTEST;
SECRETARY.
STATE OF IDAHO, COUNTY OF DZLA.
ON THIS a.3AA day -1 �r , 19 9 q
herarr me, a notary public In and for said State. personally appeared
and
fj, J, Carh
known to me to be
the President and Secretary of the corporation that executed this in-
strument or the persons who executed the instrument on behalf of said
cnrporaifm and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my harm and affixed
my official seal, the day aril year in this certificate first above written.
Notary Pubrrc
Residing at .Idaho
Comm. Expire gj1310 y
MMA 5• '?5M Fumlahod Oy ttw !; ;s,&+•;�
A WKN-i to -
PARCEL II
A parce3 of land situated in a portion of the Southeast Quarter
of Secti.on 111 Township 3 North, Runge 1 West, Boise Meridian,
Ada Cour:ty, Idaho and described as follows:
COMMENCING at the Northeast corner of said Southeast Quarter;
thence
South 0C'degrees
from which 8the ttSoutheast East 4corner eoftsaid o a S/8 inch �Sou Southeast
�
Quarter bears
South 0(i degrees 58`54of.thefeet;
OregonShortlinealong
the
Southerly right-of-way
Railroad
South 8.'1 degrees 59130" West 358.55 feet to a 1/2 inch rebar and
the POINT OF BEGINNING; thence
South 00 degrees 58155" East 182,36 feet to a 1/2-inch rebarl
thence
South 8'.) degrees 30'19" West 240.00 feet to a 1/2 inch rebar;
thence
North Ott degrees 58155" Rest 184.40 feet to a 5/8 inch rebar;
thence along the Southerly right-of-way of the. Oregon
Shortline Railroad
North 89 degrees 59130" East 240.03 feet to the POINT OF
BEGINNING.
DESCRIPTION FOR
HAZ TECH PARCEL. 2 RIGHT OF WAY
March 27, 2001
A Marcel of land being a portion Of Parcel 2 of Record of Sum No. 4645. lxxtted in ft
SIC'/ of Section 11. Township 3 Nan, Range 1 Wit Of the Bbise Meridian, Meridian,
Ada County, Idaho, being mare particularly deswbed as follows:
Commencing at the southeast router of Sew 11, T. 3N., R.1W., 6.M., thence N
0 58 55 W 1302.11 feet albng the east line of said Section 11 to a point;
Thence N 89030'19" W 358.51 feet to the southeast corner of Parcel 2 of R_O.S. No.
4645, the REAL PINT OF BEGINNING of this description;
Thence S 89"30'19" W 240.00 feet to the southwest corner of said Parcel 2;
Thence N 0"58'55^ W 11.20 feet to a point on a curve;
Thence 5a.98 feet along a curve to the right, said cur4e having a radius of 80.00 feet, a
central angle of 40'05'34 a tangent of 29.19 feet and a chord of 54.85 feet which ears
N 69°27'32" E to a point of t"ency;
Thence N 89030119" E 188.32 feet to a point;
Thence S 0"58'55" E 30.00 feet to a point the REAL POINT OF BEGONNoNq of this
description.
This parcel contains 6,893 Sq. Ft. (0.158 acres), more pr less.
Michael E. Marks, PLS, No. 4998
1010T1ROW Parcel 2.de:s
DESCRIPTION FOR -
HAZ TECH PARCEL 1 RIGHT OF WAY
March 6, 2001
A parcel of land being a portion of Parcel 1 of Record of Survey No. 4645, located in the
SE 9/ of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Meridian,
Ada County, Idaho, being more particularly described as follows:
Commencing at the southeast comer of Section 11, T. 3N_, R.1W., B.M., thence N
0058'55" W 1302.11 feet along the east line of said Section 11 to a point;
Whence S 89°30'19" W 48.00 feet to the southeast comer of Parcel 1 of R.O. S. No.
4645, the REAL POINT 05 BEGINNING of this description;
Thence S 89*30" 19" W 310:51 feet to a point;
Thence N 0"58'55' W 30,00 feet to a paint;
Thence N 89'30' 1 g" E 285.51 feet to a point
Thence N 44015'42" E 35.20 feet to a point;
Thence S 0°58'55" E 55.00 feet to the REAL POINT OF BEGINNING of this
description.
This parcel contains 9,628 Sq. Ft. (0,221 acres), more of less.
Michael E. barks, PLS. No. 4,1998
10107\KOW Pagel l.des
Property owners within-500' of Applicant �-
1. Ronald W Van Auker S1211438900
3084 E Lanark
Meridian, ID 83642
2. Scott D & Gaigh Gull S 1211449402
2358 W Sonoma CT
Meridian, ID 83642
3. Oliver & Carol A Storkan S 1211449302
22491 Can Ada RD
Star, ID 83669
4. Gary & Rosalie Wingett S 1211449102
2440 N Plaza
Emmett, ID 83617
5. Linder Plaza LLC S 1211449105
Nahas Benoit
102S17,St
Boise, ID 83702
6. Steve or Leah Girard S 1211449023
5898 N Dalspring Ave S 1211449020
Boise, ID 83713
7. Haz-Tech Holding S 1211449010
1 Wildwood
Garden Valley, ID 83622
8. Thomas or Cheryl Honnold R1234170030
5255 Adams RD
New Plymouth, ID 83655
9. S T Enterprises LLC R1234170020
4202 N Marcliffe Ave
Boise, ID 83704
10. Thomas or Susan Bevan R1234170010
4202 N Marcliffe Ave
Boise, ID 83704-2771
DESCRIPTION FOR
HAZ TECH PARCEL 2 RIGHT OF WAY
March 27, 20f}t
A parcel of mid belt a W9w of Pam 2 of Record of Suntey No. 4W. bceftd in the
SE'! of Section 11, 'T'owk*dp 3 Nth, Rage 1 dibt of the Boise Meridian, Meridian,
Ada County, mho, Ong mom particularly dwribed as fbIbm:
Commencing at the soLithwet corner of Secfion 11. T. 3N., RAW., B.M., thence N
0"58'55" W 1302.11 feet abM the east lifts of said Section 11 to a point;
Thence N 89"30'19' W 358.51 feet to the southeast comer of Parcel 2 of R.O.S. No.
4645, the REAL. POINT OF BEGINNING of this description;
Thence S 890'30'19" W 240.00 feet to the southwest comer of said Parcel 2;
Thence N 0"58'55" W 11.2D feet to a point on a curve;
Thence 55.98 fast alotg a carve to fire right, said mw having a radius of 80.00 feet, a
central angle of 40605W. a UuVem of 29-i 9 Let am a chord of 54.85 feet which ears
N 69°2?'33222' E to a point of tarvem y.
Thence N 8903019" E 188.32 feet to a point;
Thence S 0058'55" E 30.00 feet to a point the REAL POINT OF BEGINNING of this
description.
This Parcel contains 6,893 Sq. Ft. (0.158 acres), more or less.
11
Michael E. Marks. PLS, No. 49N
10I07%OW Parcel 2.des
DESCRIPTION FOR -
HAZ TECH PARCEL 1 RIGHT OF WAIF
March 6. 2001
A parcel of land being a porn of Parcel 1 of Record of Survey No. 4645, located in the
SE V4 of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Meridian,
Ada County. Idaho, being friore particularly described as foil:
Commencing at the southeast comer of Section 11, T. 3N., RAW. B.M1., thence N
0"58'55" W 1302.11 feet along the east line of said Section 11 to a pant;
Thence S 89°30'19' W 48.00 feet to the southeast comer of Parcel 1 of R.O.S. No.
4645, the REAR. POINT Olr BEGINMNG of this description;
Thence S 89`30'19" W 310:51 feet to a point;
Thence N 0°58'55" W 30.00 feet to a point;
Thence N 8903WI9" E 285.51 feet to a point;
Thence N 44915'42" E 35.20 ftet to a point;
Thence S 0°58'W E 55.00 feet to the REAL POINT OF BEGINNING of this
description.
This parcel contains 9,628 Sq. Ft. (0.221 acres), more or less.
Mti€ l E. Marks, PM No. 4998
1 n 1 MROW Parml 1 ales
Jul-H. 2002 4.31PM MARCON No-5234 P. 1
Ma r can Xe\ r
_ RECORDED- REQUEST OF
,BOA COUNTY RECORDER
.1. D AVID NAVARRO
FEE_DEPUYY , -
L+'ASEI ,�gkY, ,� ^'102068727
This Agreement is made and entered uito this V day of , 2002
("Effective Date"), by and between Haz Tech Holding, inc., an Idah corporation (hereinafter
referred to as "Grantor"), and Elaine Martin (hereinafter referred to as "Martin").
RECITALS
WHEREAS, Martin is the owner of that certain real property in Ada County, Tdaho more
particularly described on Exhibit "A" attached hereto and incorporated herein by reference. This
parcel of real property is hereinafter referred to as the "Dominant Parcel"; and
WHEREAS, Grantor is the vested owner of those certain parcels of real property located
near and adjacent to the Dominant Parcel, which parcels of real properly are more particularly
described on Exhibit "B" attached hereto and incorporated herein by reference. The parcels of
real property described on Exhibit "B" are hereinafter refelTed to as the "Servient Parcels'; and
WBEREAS, Martin desires the right to construct a road across portions of the Servient
Parcels in order to gain ingress and egress access to and from the Dominant Estate; and Grantor
is wilting to grant Martin an easement over such portions of the Servient Parcels as more
particularly described hereLLnder and subject to all of the terms and conditions set forth in this
agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual
agreements and covenants of the parties hereto, it is agreed as follows:
1. Definitions. Capitalized ternis shall have the meanings set forth following the
first use of those terms. I1' no definition is set forth, such capitalized terms shall have the
meanings set forth in this paragraph.
(a) Road Right -of -Way shall mean an approximate thirty -foot -wide strip of
land crossing the southerly thirty feet of the Servient Parcels, which Road
Right -of -Way is more particularly described on Exhibit "C" attached
hereto and by this reference incorporated herein.
(b) Road Improvements shall mean the construction of a new asphalt surfaced
road, all as more particularly described in the construction drawings to be
prepared by Martin for the construction of a new road on the Road Right -
of -Way.
2. Easement. Grantor hereby grants Martin an easement on, over, across and under
the Road Right -of -Way for the purpose of constructing a road on the terins set forth herein. The
easement extended herein shall commence on the Effective Date and shall continue uninterrupted
and without revocation, unless earlier terminated in accordance with this Agreement.
AGREEMENT -
Post -it' Fax Note 7671
Date ?_
# of 1" !
To 11✓Illi
From L'!(iivlf
Co./Deol.
CO
Pnone #
Phone tl
Fax # ��� _ a pal I
Fax #
Jul.11. 2002 4:31PM MARCON No-5234 P 2
3. Construction of Road. Martin shall, at their sole cost and expense, construct the
Road Improvements on the Road Right -of -Way subject to the following specifications:
(a) The Road Improvements shall conform with the plans and specifications
set forth on the engineer's construction plans for the Road Improvements.
(b) The Road Improvements shall conform to the standards of road design and
construction as prescribed by ACHD for a private road, including but not
limited to, any special requirements for ingress and egress onto Linder
Road.
Martin shall cause its engineer to prepare the construction plans for the Road Right -of -Way,
which construction plans shall be submitted to the Grantor for the Grantor's final review. The
construction plans shall become Exhibit "D" to this agreement upon their preparation and
approval by AC.HD. In the event the construction of the Road Improvements has not been
ccnnpleted within two years of the Effective Date, the easement granted herein shall be
terminated unless extended by mutual agreement of the parties.
4. Services to Servient Parcels. As part of Martin's construction of the road, Martin
shall install sewer and water services to the Dominant Parcel by running sewer and water lilies
under the new road. Martin agrees to provide a sewer and water stubb lines to each of the
Servient Parcels at locations designated by Grantor, and also to install conduit for future electric,
phone and gas lines, if the providers of these utilities will permit the extension of these utilities
under the new road to the Servient Parcels.
5. Use of Road. The Road sliall be classified as a private road and shall be used for
ingress and egress access to the Servient and Dominant Parcels. The Grantor understands that
Martin's agreement herein to construct the Road has been made to facilitate Martin's future
development plans for Martin's property, including a proposal to subdivide Martin's property
subject to the subdivision ordinance and other approval procedures of Meiidian City.
G. Grantor's Cooperation. Grantor agrees to cooperate with Martin in comiection
with obtaining all necessary permits, consents and approvals of all governmental agencies having
jurisdiction over the Servient Parcels as required in connection with design review and the
construction of the Road Improvements, including, without limitation, any and all agreements
required with public agencies relating to the construction of the Road. In addition, the Grantor
agrees to cooperate with Martin in connection with Martin obtaining all necessary permits,
consents and approvals of all government agencies having jurisdiction over the Dominant Parcel
as required in connection with subdivision, design review and construction of the development
improvements for any subdivision consistent with the site's light industrial zone.
7. Road Maintenance. Martin agrees, at their sole cost and expense, to maintain the
Road keeping it in a good state of repair free of excessive snow, ice and debris.
AGRE-E'MFN r - 2 r)ucumcnVMaThn.HazTech.CxvcmcmA6rTcen,cnt.060702
Jul.11. 2002 4:32PM MARCON ND-5234 P. 3
8. Indemnification. Martin does hereby indemnify and hold Grantor harmless from
any claim, loss, suit or judgment arising out of the construction of the Road Improvements and
use of the Road Improvements by Grantee, his employees, agents, assigns and invitees, to
include claims of lien or claims of injury.
9. Attorney Fees. In the event that a party hereto shall bring any action or suit
against another party hereunder by reason of any breach of any of the covenants, agreements or
provisions on the part of the other party arising out of this Agreement, then in that event the
prevailing party shall be entitled to have and recover of and from the other party all costs and
expenses of the action or suit, including actual attorneys' fees, accounting and engineering fees
and any other professional fees resulting therefrom.
10. Entire A Bement. This Agreement (including all Exhibits attached hereto) is the
final expression of, and contains the entire agreement between, the parties with respect to the
subject matter hereof and supersedes all prior understandings with respect thereto. This
Agreement may not be modified, changed, supplemented or terminated, nor inay any obligations
hereunder be waived, except by written instrument signed by the party to be charged or by its
agent duly authorized in writing or as otherwise expressly permitted herein. The parties do not
intend to confer any benefit hereunder on any person, firm or corporation other than the parties
hereto.
11. Time of Essence. The parties hereby acknowledge and agree that time is strictly
of the essence with respect to each and every term, condition, obligation and provision hereof.
12. Governing Law. The patties hereto expressly agree that this Agreement shall be
governed by, interpreted under and construed and enforced in accordance with the laws of Idaho.
13, Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, and all of which, together, shall constitute one and the
same Agreement.
14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
both of the parties, their heirs, executors, administrators, successors and assigns.
12N WITNESS WHEREOF, the parties have hereunto caused this Agreement to be
executed as of the day and year first above written.
HAZ TECH HOLDLNG, INC.
EL,AINE MARTIN
By
its
AGREE,MEN - 3 Doc ument!Marlin.HaLTech.Hasementggrenment060702
JAI 11, 2"^2 4:32PM MARCON
No-5234 P. 4
STATE OF IDAHO, )
) Ss.
County of Ada. )
On this day of 2002, before me, the
utidersi�;led, a Notary Public in and for ait� �d State, personally appeared ELAIN
known and identified to me to be the person whose name is subscribed to the within itlistrumT�, and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL) Notary Puhli for I aho
Residing at Idaho
Commission expires:,
STATE OI- IDAHO, )
) ss.
County of Ada. )
On this /3d day of __ , 2002, before me the undersigned, a
Notary Public in and for said Atc., personally appeared„
known and identified to me to be the _
iNC., that executed the instrument or — of TECH HOLDING,
corporation, and acknowledged to me that such corporation cexecuted ththe e wile t O11 behalf of said
TN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the
day and year it, this certificate first above written.
i .?
(SEAL)Ur
' `� �•QG �V O
Notary u lic 1'or Idaho
Residing at `111p,,,,J, n , Idaho
Commmission expires:_q -1 a N
AGRERMENT - 4 DocumcndMurhn t{azTach.h33cme»tAbacenient.060707
Jul. H. 2002 4:32PM MARCON
No,5234 P. 5
Exhibit "A"
Page 1 of 2
Jul-H. 2002 4:32PM MARCON
No•5234 P.
Exbibit A
R parcel of land located In the East 1/2 of the Southeast i/4
of Section 11, Township 3 North, Range i 1JeSt, 9oise Meridian,
Ada County, Idaho; more particularlY described as follows:
Beginning at a 5/8" dia. Iron Pin marking the Corner Common to
Sections11,2,13 n I14, Township w 3 North, Range 1 West, Boise
e 8
1172.00
'Ina Common to $Aid Sections 11 and4t? feet along the reCtion
of Franklln Road, to A point; thence. IesviQ being the ContQrliisection line,
N 0&59'53" W '711.36 feet to an Iron Pin ms kaingthe intersectin
of Lhe west parcel �:our+oary and the centerling of Eight
'3L'e}'a:. said poin-Pole
t also bieirr4 the FtEA1 P0!pt7 OF flEll3iNNih!G;
once, CD:ltlnuing N W 704.90 feet to an Iran Pin on
the golth right-of-way line of the Oregon 5hortline Railroad;
thence. along said south right-of-way line. N 89.59'30' F 573.58
feat to -an Iron Pin; thence, leaving ■eid right-of-way line,
"'59 '35" E 1179.63 feet; to an Iron Pin marking the
!:'te4-9ection 9f the east parcel boundary and the center) ame of
Eight -Mile Lateral; thence, along %Aid Centerline of Eight --Mile
La:era , the following Courses and dir tonCes: N 70+82.01'• W
86-56 feet to a point; the'Ce, " B1•Se'16' W 490.81 feeL to a
point: thence, N 6.7014'36" N 30_95 feet to s point; ther+ce,
N ��,•45'S1" W 37.69 feet to a paints lhewce. N 40•10'Sr" W 393,09 .feet to the REAL POINT OF 4Ea7l',,^eING; said
containing 13.83 acres. more or loss. parco)
5»bJert to any easements of record or 1n, usv.
Jul T . 2002 4:33PM MARCON
No.5234 P. 7
Exhibit "B"
Page l of 5
Jul-11. 2002 4:33PM MARCON No•5234 P.
`VO DESCRIPTION FOR
HAZ TECH REMAINDER PARCEL 1
March 6.2001
A parcel of sand being a portion of Parcel 1 of Record of Survey No. 4645. located in the
SE Y of Section 11. Tonkn Ip 3 North, Range I West of die Boise Meridian, Meridian,
Ada County. Idaho, being it" psukulariy descn-wd as folb":
Commencing at the southeast comer of Secdon 11, T. 3N., RAW., B.M.. thence N
0.58'W W 1481.43 Beet rkng the east One of said Sedlon 11 to a point:
Thence S 89°59'30" W 48,01 feet to the northeast comer of Parcel 1 of R.O.S. No.
4045, the REAL. POINT OF BEGINNING of this description:
Thence S 0*58155' E 124.73 feel to a point
Thence S 44°16'42" W 35.20 feet to it point;
Thence S 89.30' 1 Or W 285.51 feet to a point,
Thence N O'SS'55" W 152.36 fleet to a point;
Thence N 89059'300 E 310.55 teat W the REAL POINT OF BEGINNING of this
description,
This parcel contains 46,SU Sq. Ft. (1.069 acres), more or less.
Michael E. Marks. PLS, No, 499
1010719emainder Parcel l-des
Jul-11. 2002 4:33PM MARCON No.5234---_P. 9...,
u
DESCRIPTION FOR
HAZ TECH REMAINDER PARCEL 2-
March 27, 2001
A parcel of land being a porbW of Pared 2 of Record of Survey No. 460. kxgRW in the
SE % of Section 11, Towns)* 3 Nofth, Range 1 W.est of the Was Meridian, Meridian,
Ada County, Idaho, bekV more pdy described as follows:
Commencing at the southeAst comet of Section 11, T. 3N., R.1 W. B.M., thence N
0958'55° W 1481.43 feet along the east line of said Section 11 to a point;
Thence S 89059'30" W 358.56 feet to the northeast corner of Parcel 2 of I?.O. S. No.
4645, the RRAL POW OF BEGINNING of this description;
Thenoe S 0058'55" E 152.36 feet to a point;
Thence S 89.30' 190 W 188.32 feet to a point of ctxvature:
Thence 55.98 feet along a curve to the left, said curare having a radius of 80.00 feet, a
central angle of 40"05'34", a ImVent of 29.19 fi *t and a chord of 54.85 int feet whk bears
S 69°27'32' W to a poon the west line of said Parcel 2;
Thence *N 0.58'55" W 173.20 feet to the northwest comer of said Parcel 2;
Thence N 86"59'30' E 240.03 feet to the REAL POINT OF BEGINNING this
description.
This parcel contains 37,11:7 Sq. Ft. (0.852 acres), more or less.
Mich" E. AA2ft. PLS, No. 4998
t0107Utemainder Parcel 2Aa
Jul-11- 2002 4:33PM MARCON No-5234-,_P. 10._
DESCRIPTION FOR -
4AZ TECH PARCEL 1 RIGHT OF WAY
March 6.2001
A pamat of land being a pot$Ion of parcel 1 of R
SE 14 of section 11, TOWnMip 3 North, Range 1 tat � UMOY No. 4845, food in the
Ada Cotunty, Idaho, being more pagicufarty desp�d fth j wise Merkrian, Meridian,
Commencing at the 1 t, southeast corner of 5ectSection0°58'S3' VI/ 13Q2 i 1 feet along the east lihe of said 6dion, 11 R to po t N
Thence S gg-30-18' W 48.00 feet tD g
4645, @f�� RFAtL p� OP �t Ol tot&PIG U comer of Panel 9 of R.O.S. No,
desCrlptiort;
Thence S 8Q'30'18" W 31UI feat to a point,
Vence N 0°58'55' W 30.00 feet ip a poink
Thence N 89030'19" E 285.51 feet to a point;
Thence N 44015'42" E V20 feet to a point;
Thane S 0°58'55" E 55.00 f"t to the REAL POW OF 13EGIR NjN(j of this
description,
TIC parcel
ins g,628 Sq. Ft. (0.221 aar"). more or IeSa.
Mfchaei E_ Marka. PLS, No. 4998
101074kow Parcci r.aa
Jul.11• 2002 4:33PM MARCON No•5234 P. 11
u
Exhibit "C"
Page 1 of 3
Jul.il 2002 4:33PM MARCON
No.523445ZP-- 12P,e6
HAZ TECH P �GDESCRit?l. � N F012
RIGHT OF WAY
►arch 27, 2c101
A P$�a1 of la1u� bed 3 0orfl0�t of P
aw 2 CA ° fP 3 North eY No. 4U6
Ada Coa�mty�1 bed riwre Raei9e 19fi�t mf tuts - • �t+�f � the
0orse Mwidkn, Ma"art,
Cam I�vtltxtiarfy ��� � �:
0"58'S5rn wng at um sourmw comer of saction
30211 fbet s0ang tRe east pn 1-dd �, R.i�W., B.M.. thence N
Thence N 88°90'19" Vy 386.59 Point:
4645, the RFAt POINT or het to the southeast corner of pa
t �y�� BEGfNNi0�0 of this description; met 2 of R.O.S. No.
ThOrWO S 89630� 19• W 2 40.()o feet ID the
SQW �ORtE'C Of $atd Parcel ��
Thence N 0°58'55- W 11.20 feat to a
Point
an a aWk vw;
77 wm-- 55-98 Q a curve to file N rQKV
2 to Pant o40-M-34f a �ttarft of g ra a radius of 80.00
encjr:ssid e
Thence N 89°34'1g" E 188.32 f of feat Which ears
feet too a point;
Thence 0.58'55' E 30, t .
daswiption. feet to a point ft POi
This parcel m tams 11,893 NT OF 13NNING of this
Sq• Ft. {0. iS8 f, matt �r less.
Michael E. Macke, PLS, No. 499g
Jv107► 0W pWCW 2.dm
Jul-ll, 2002 4:34PM MARCON No-5234 P. 13
DESCRIPTION FOR —
HA2 TECH PARCEL 1 RIGHT OF WAY
March 6, 2001
A panel of land being a portbn of Patrei 1 of R�nrd of Survey
SE Ya of Section 11, Township 3 I�f07t . Range e 1 t � Y Ntr. 4645, located in the
Ada County. Idaho, being� the Bois® Meridian, Meridian,
Mona particuiattyi described as follows;
Commencing'd tha "OWm st cot w of Section 11. T. 3N_, RAW B.M.
0°58'55" W 1302-11 feet along the east ke of said Section 11 to a point; 'thence N
1
4641.1he REAL,pO T OP aff NI G�futheastthedcoerascriptirnonof Parcel 1 of R.O.S. No,
;
Thence S 89°30'18" W 310:51 feet to a point;
Thence N 095$155' W 30.00 feet to a point;
Thence N 89030119" E 285.51 feet to a paint,
Thence N 44415'42" E 3;5.20 fmt tb a point;
Thence S 0"58'55" E 55.00 fOet to the REAL POINT OF SWINNINQ
description, of this
Tide P'Orcei wntahls 9.628 Sq. Ft_ (0.221 acw), more or less.
► 10"IROW ramd 1,dK
Jul.)1, 2002 4:34PM MARCON N0-524 P. 14
FOR
HAZ TECH PARCEL II2ORIGHT OF WAY
March 27, 2001
A parcel of land being a pottlw of Paroej 2 of Record of°/. of Sion 11, Te*rttship 3 wW 1 t of Swvey the No.
460. iowted in the
Ada 0314 ,. Idaho, being more Pw t briy desk as follows: Metittian, McMdiart,
Commencing at the souttte2rMt canter of Section 11. T. 3N., R.M. B.M.
0°58'55° W 130211 feet slbng ttt@ east line of said Sexton 11 to a point; thrsnce N
Theme N 89030'19" W 356.51 f t to the southeast corner of Parcel 2 of R.O.S. No.
4645, the REAL. POINT OF BEGINNING of this description;
Thence 8 WXY19° W 240.00 feet to the sOlAhwed corner of said Parcel 2;
Thence N 0°5855" W 1 l.20 feat bo a point on a cures.
Thertve 55.96 lbd ebrV a move to q* dght, said
central-2 angle of 4 D*W3 r- � of 29.19 feet and act a radius of �.0(D f+�t, a
N 69°27'92• E bo a POW of dtonl 54.95 feet tam ears
Thence N 8903019" E 188.32 feet to a point;
Theruc� 8 0.58'55" E 30.00 feet to a point the REAL. POINT OF TINNING of this
description,
This Parcel contains 6,893 Sq. Ft. (0.158 i, MM or less.
Micheal E. Marks, PLS, No. 4998
10107MOW Parcel 2.dcs
I
Jul-ll. 2002 4:34PM MARCON
No.5234 P 15
Exhibit "D"
JEFFREY M. WILSON
jeff@wilsonmccoll.com
BRIAN F. McCOLL
brian@wilsonmccoll.com
LISA B. RASMUSSEN
lisa@wilsonmccoll.com
Will Berg
City Clerk, City of Meridian
City Hall
33 E.Idaho
Meridian, Idaho 83642
WILSON & MCC01-1_
LAWYERS
420 WEST WASHINGTON
POST OFFICE BOX 1544
BOISE. IDAHO 83701
August 30, 2002
RE: Miscellaneous Application of Elaine Martin
Dear Will:
Gc, q-3-02,
TELEP
FAC S
VA
.E C E I VE
1110 3 0 2002
CITY OF MERIDIAN
CITY CLFRK 0Fr71CF
The above matter is scheduled to be heard by the City Council this Tuesday, September
3, 2002. I have enclosed five copies of the petition's material, one for each Council Member.
Kindly see that the Council Members receive their copy.
Yours sincerely,
41,
F. McCOLL
BFM/rj
Enclosures
ELAINE MARTIN MISCELLANEOUS APPLICATION
FOR PRIVATE ROAD APPROVAL
I. FACTS:
■ Elaine Martin owns landlocked Parcel A (see attached map, Exhibit Tab "A").
■ Haz Tech owns Parcel B (see attached map, Exhibit Tab "A")
■ Haz Tech has granted Elaine Martin a 30 foot wide right-of-way ingress/egress easement over Parcel
B, accessing Parcel A to Linder Road (see Exhibit Tab `B").
■ Marcon, Inc. (Elaine Martin, principal) wishes to utilize Parcel A as storage area for its concrete
barrier inventory.'
■ Parcel A is zoned light industrial.
■ A "contractor's yard" is a permitted use for light industrial.
■ Applicant will submit to the City an application for a Certificate of Zoning Compliance and its
application for a Commercial Building Permit to construct a 24 foot wide private road over the
easement, and to fence and to surface Parcel A with recycled asphalt.
■ WHY MISCELLANEOUS APPLICATION? The City Planning Director has requested the access
road be presented to the City Council under this miscellaneous application process so that the
Planning Department's earlier concerns of the access requirements for this landlocked industrial
parcel can be addressed, before the Planning Department issues the Certificate of Zoning Compliance
and Building Permit.
■ ACHD gave staff approval on August 20, 2002 for the construction of a private road 24 feet in width
over the 30 foot easement granted by Haz Tech (see Exhibit Tab "C").
II. ANALYSIS:
■ On appeal, the City Council previously overturned the Planning Director's denial of a building permit
on the companion parcel south of the canal (Parcel C — see map) holding that both Parcels A and C
were legal parcels annexed as separate parcels into the City in 1981 (See Exhibit Tab "D ,).2
■ The District I-L Zone has no minimum street frontage requirement (zoning regulations — Section 11-9-
1 "Zoning Schedule" Table, attached Exhibit Tab "E").
■ Only residential buildings are required to abut upon a public street.3
■ Past City approval of the commercial subdivision of Parcel C and development approval of Parcel D
has eliminated the possibility of a public street access to Parcel A.
■ Denial of application would landlock this parcel preventing its development.
' Marcon, a SBA business of the year winner, is moving its business from Boise City to Meridian, and must have a storage
facility by November 1, 2002.
z The City Attorney has reviewed the Meridian City Council meeting minutes on this item heard October 19, 1999.
3 11-4-6: Except as otherwise provided for herein by plan developments (PD), every residential building shall be constructed or
erected on a lot or a parcel of land which abuts a public street unless accessed by means of a permanent recorded easement is
approved by the City.
. . ........... .. .........
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.... . .............. ...
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3. Construction of Road, Martin shall, at their sole cost and expense, construct the
Road lmprovemonts on the Road Right -of -Way subject to the following specifications:
(a) The Road Improvements shall conform with the plans and specifications
set forth on the engineer's construction plans for the Road lmprovenicnts.
(b) The Road Improveuncnts shall conform to the standards of road design and
construction as prescribed by ACHD for a private road, including but not
limited to, any special requirements for ingress and egress onto Linder
Road.
Martin shal, cause its engineer to prepare the construction plans for the Road Right -of -Way,
which construction plans shall be submitted to the Grantor for the Grantor's final. review. The
construction. plans shall become Exhibit "D" to this agreement upon their preparation and
approval by ACHD. In the event the cons=ction of the Road Improvements has not been
completed within two years of the Effective Date, the easement granted herein shall be
terminated unless extended by mutual agreement of the parties.
4. Services to Servient Parcels. As part of Martin's construction of the road, Martin
shall install sewer and water services to the Dominant Parcel by running sewer and water lines
under the new road. Martin agrees to provide a sewer and water stubb lines to each of the
Servient Parcels at locations designated by Grantor, and also to install conduit for future electric,
phone and gas lines, if the providers of these utilities will permit the extension of these utilities
under the new road to the Servient Parcels.
5. Use of Road. The Road shall be classified as a private road and shall be used for
ingress and egress access to the Servient and Dominant Parcels. The Grantor understands that
Martin's agreement herein to construct the Road has been made to facilitate Martin's future
development plans for Martin's property, including a proposal to subdivide Martin's property
subject to the subdivision ordinance and other approval procedures of Meridian City.
G. Grantor's Cooperation. Grantor agrees to cooperate with Martin in cormection
with obtaining all necessary permits, consents and approvals of all governmental agencies having
jurisdiction over the Servient Parcels as required in connection with design review and the
construction of the Road Improvements, including, without limitation, any and all agreements
required with public agencies relating to the construction of the Road. In addition, the Grantor
agrees to cooperate with Martin in connection with Martin obtaining all necessary pernuts,
consents and approvals of all government agencies having jurisdiction over the Dominant Parcel
as required in connection with subdivision, design review and construction of the development
improvements for any subdivision consistent with the site's light uidustrial zone.
7. Road Maintenance. Nla.rlin agrees, at their sole cost and expense, to maintain the
Road keeping it in a good state of,cpair free oi'excessive snow, ice and debris.
1C?21 �Nf N7 - 2J x un'cn6'.•f r..- ^aZT, h Cs�tr,7C :'_',� ccn cr,t.J00"G=
8. fndemnification. Martin does hereby indemnify and hold Grantor harmless from
any claim, loss, suit or judgment arising out of the construction of the Road Improvements and
use of the Road Improvements by Grantee, his employees, agents, assigns and invitees, to
I nclude claims of lien or claims of injury.
9. Attorney Fees. 1n the event that a party hereto shall bring any action or snit
against another party hereunder by reason of any breach of any of the covenants, agreements or
provisions on the part of the other party arising out of this Agreement, then in that event the
prevailing party shall be entitled to have and recover of and from the other party all costs and
expenses of the action or suit, including actual attorneys' fees, accounting amid engineering fees
and ally other professional fees resulting therefrom.
10. Entire Agreement This Agreement (including all Exhibits attached hereto) is the
final expression of, and contains the entire agreement between, the parties with respect to the
subject matter hereof and supersedes all prior understandings with respect thereto. This
Agreement may not be modified, changed, supplemented or terminated, nor may any obligations
hereunder be waived, except by written instrument signed by the party to be charged or by its
agent duly authorized in writing or as otherwise expressly permitted herein. The parties do not
intend to confer any benefit hereunder on any person, firm or corporation other than the parties
hereto.
11. Time of Essence. The parties hereby acknowledge and agree that time is strictly
of the essence with respect to each and every term, condition, obligation and provision hereof.
12. Governing Law. The parties hereto expressly agree that this Agreement shall be
governed by, intempreted under and construed and enforced in accordance with the laws of Idaho.
13. Counterparts. This Agrecment may be executed in any number of counterparts,
each of which shall be deemed an original, and all of which, together, shall constitute one and the
same Agreement.
14. Binding Effect. This Agreement shall be binding upon and inure to the benefit of
both otthc panics, their heirs, executors, admuiistrators, successors and assigns.
LN WITN-ESS WbiERF,OF, the parties have hereunto caused this Agreenlcnt to he
executed as of the day and year first above written.
HAZ TECH HOLDNG, ftvC. EI,ALtiE MARTI
By
its
A(77l ELMI'FN,• _ 3 D,LurrcnLNI:."r
• �il�crrc �f CC-: "
STATE OF IDAHO, )
) ss.
County of Ada. )
On this day of 2002, before me, the
undersigied, a Notary Public in and for aid Statc, personally appeared ELAINE, MARTN,
known and identified to me to be the person whose name is subscribed to the within instrumtnit,
and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Notarypubli for Idaho
(SEAT.) Residing at , Idaho
Commission expiTes:�1_Vj# _
STATE OP IDAHO, )
) ss.
County of Ada. }
On this J* day of , 2002, before me the undersigned, a
Notary Public in and for said Sersonally appeared
known and identified to me to be the ofnAZ TECH HOLDING,
iNC., that executed the instrument or the person who executed the instrument on behalf of said
corporation, and acknowledged to me that such corporation executed tlic same.
iN WITN_ESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
?rrJ���,.rrrrrr,�e +S
�: zd T A,p'••9�'�•
(SEAL) 9�aL8l�G •O
Or pe
ACiRE210FNT -a ri""11X11�NfIIT-r H3ZT=h.F ;
Notary u Iic for Idaho --
Residing at , Idaho
Commission expires: 3 0 4
Ada County Highway Hi hwa District
Right -of -Way &- Development Department
Planning Review Division
This application does not require Commission action and is approved at the staff level as of August 20, 2002.
Tech Review for this item was held with the applicant on August 15, 2002. Please refer to Attachment for
request for appeal guidelines. Staff contact: Joyce Newton, 208-387-617, jnewton@achd.ada.id.us
File Number(s): MM102-007/Private Road
Site address: Northwest corner of North Linder Road and West Franklin Road
C
Owner: Haz Tec Drilling Inc
1 Wildwood
Garden Valley, Idaho 83622
Applicant: Elaine Martin
6336 East Hunt Avenue
Nampa, Idaho 83687
Representative: Beck Bowcutt Planning Services
1100 E. Valli Hi Lane
Eagle, Idaho 83616
Application Information
The Ada County Highway District (ACHD) staff has received the above referenced application requesting
private road approval to provide access to a landlocked parcel. The 13.8-acre site is located on the
northwest corner of North Linder Road and West Franklin Road. The site has frontage on the Northern
Pacific Railroad right-of-way but not on Linder Road.
Acreage: 13.8
Current Zoning: IL
Proposed Zoning: No change
Proposed use: Storage area for concrete barriers
Vicinity Map
MMI02-007/private road
nw/c Linder Road, Franklin Road
UMIOKPA6 6C
30.too1 easeme"
24-toot ,nyate road
• v�E
1
A. Findings of Fact
Trip Generation:
This development is estimated to generate additional vehicle trips per day (0 existing) based on the
Institute of Transportation Engineers Trip Generation Manual. The trips per day will be calculated
when a development application is submitted.
2. Impact Fees:
The impact fee rate from the fee tables for this will based on the impact fee ordinance in effect at this
time. The impact fee rate will be calculated when a development application is submitted.
3. Traffic Impact Study:
A traffic impact study was not required with this application.
4. Site Information:
The site is current undeveloped.
5. Description of Adjacent Surrounding Area:
a. North: Northern Pacific Railroad/Residential
b. South: Cafarelli Commercial Subdivision/Franklin Road
c. East: Haz Tech Commercial
d. West: Undeveloped parcels/Residential/Agricultural
6. Impacted Roadway(s)
North Linder Road:
Frontage:
Functional Street Classification
Traffic count:
Level of Service:
Speed limit:
0 (actual frontage)
30-foot easement granted by Haz Tech
Minor Arterial
South of Franklin Road was 8,556 on 7/31/01
„C„
35-mph
7. Roadway Improvements Adjacent To and Near the Site
Linder Road has 2-travel lanes with sidewalk abutting the site.
8. Existing Right -of -Way
There is 85-feet of existing right-of-way on Linder Road.
9. Site History \Existing Access to the Site
ACHD approved an application for Haz Tech's commercial building (ti1SPR-14-98) with a driveway
located approximately 170-feet north of the south property line of the site on Linder Road. This is the
location of the 30-foot easement granted to this applicant for access to the landlocked parcel.
11. Five Year Work Program
Linder Road from Franklin Road to Ustick Road is in the District's Five-year Work Program (FY 03-
07) for a 3-lane urban street section plus bike lanes, curb, gutter and sidewalk. Project schedule is as
follows; 2005 for profession services, 2006 for the acquisition of right-of-way and 2007 for
construction and utilities.
E
B. Findings for Consideration
Private Streets
District policy 7205.6, requires that other jurisdictions in Ada County establish the requirements for
private streets. The District retains authority and will review the proposed intersection of a private and
public street for compliance with District intersection policies and standards.
The applicant is proposing to locate a private road (24-feet in width) over the 30-feet easement
(granted by Haz Tech) that runs from the west end of the driveway taking access off Linder Road.
ACHD does not make any assurances that the private road, which is a part of this application, will be
accepted as a public road if such a request is made in the future. Substantial redesign and
reconstruction costs may be necessary in order to qualify this road for public ownership and
maintenance.
The following requirements must be met if the applicant wishes to dedicate the roadway to ACHD:
➢ Dedicate a minimum of 50-feet of right-of-way for the road.
➢ Construct the roadway to the minimum ACHD requirements.
C. Site Specific Conditions of Approval
In September 23, 1998, ACHD approved the driveway located approximately 170-feet north of the
south property line of the site on Linder Road, for application MSPR-14-98.
2. Comply with all Standard Conditions of Approval.
D. Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2. All utility relocation costs associated with improving street frontages abutting the site shall be borne
by the developer.
3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact Construction Services at 387-6280 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
3
7. Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
8. Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance.
9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other
regulatory and legal restrictions in force at the time the applicant or its successors in interest advises
the Highway District of its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
E. Conclusions of Law
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2. ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Appeal Guidelines
51
Request for Reconsideration
Request for Appeal of Staff Decision
1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the
final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not
properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error
of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or
enforcement of the ACHD Policy Manual.
a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the
applicant for the processing of appeals, to cover administrative costs.
b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the
Secretary of Highway Systems, which must be filed within ten (10) working days from the
date of the decision that is the subject of the appeal. The notice of appeal shall refer to the
decision being appealed, identify the appellant by name, address and telephone number and
state the grounds for the appeal. The grounds shall include a written summary of the
provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall
include a written argument in support of the appeal. The Commission shall not consider a
notice of appeal that does not comply with the provisions of this subsection.
c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of
the filing of the notice of appeal to reply to the notice of the appeal, and may during such
time meet with the appellant to discuss the matter, and may also consider and/or modify the
decision that is being appealed. A copy of the reply, and any modifications to the decision
being appealed will be provided to the appellant prior to the Commission hearing on the
appeal.
d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal
will be noticed and scheduled on the Commission agenda at a regular meeting to be held
within thirty (30) days following the delivery to the appellant of the ROWDS Manager's
reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal
and the reply shall be delivered to the Commission at least one (1) week prior to the
hearing.
e. Action by Commission: Following the hearing. the Commission shall either affirm or
reverse, in whole or part, or otherwise modify. amend or supplement the decision being
appealed, as such action is adequately supported by the law and evidence presented at the
hearing.
5
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JUL 02 '01 17:23 FR CITY ' rRIDIRN 208 88,1 42'59 TO 37�7 P.02J13
Meridian City Council Meeting
October 19, 1999
Page 78
Cowie: Motion made by Mr. Bird, seconded by Mr. Bentley to approve the
conditional use permit request from St. Luke's Regional Medical Center with the
exclusion of 1.21 of Planning and zoning's recommendations and that the
attorney draw up the Findings of Facts and Conclusions of Law on that basis and
Decision of Order. Any further discussion? Hearing none, all those in favor of the
motion say aye.
MOTION CARRIED: ALL AYES
ITEM 17. APPEAL APPLICATION: REQUEST FOR APPEAL DECISION
OF ZONING ADMINISTRATOR BY MIKE FORDNANKE
MACHINE SHOP:
Corrie: Council, do you want to table the appeal application and request for
special (inaudible) or do you want — request for special (inaudible) I think it's
going to have to be taken up (inaudible)
Bird: Mr. Mayor, I would — let's get this appeal thing over with and then we're
pretty well wiped out. I hope it don't take too long. I'm wiped out already
anyway.
Corrie: Okay. (inaudible) Item No. 17 is an appeal application: Request for
appeal decision of zoning administrator by Mike FordNanke Machine Shop. The
— who is going to be — okay.
Ford: Mr. Mayor, members of the Council, my name's Mike Ford. I manage and
develop real estate for Ron Yanke and his affiliated companies. I'm here — Shari,
can you put up that first — that one there. These properties, this piece of property
we refer to as the (inaudible) property and the Howell (sic) property. The reason
I'm here is that I sold these two properties. They're separate parcels. One in
1997 and one in 1998. One of those property owners now has applied for a
building permit, and Shari has told them that she believes that they're illegal lots.
I'm not sure what my legal obligation is, but I certainly have a moral obligation
that 1 sold those lots with the intent that each of those buyers had the right to a
building permit, and the property to the north had legal access by a 60-foot
easement. Those properties have been split and in there you'll see the deeds,
since 1974. Thafs two years before the State Land Plan Act even came into
effect. In 1981, the City of Meridian annexed the property along with all those
other properties that are shown up there. The ordinance annexing those
properties is also enclosed in your package, and you'll see that the City annexed
those properties as two separate properties with a 60-foot easement going to the
north property. In 1989, Shari, if you could go back to that record of survey,
please. I did this record of survey in 1989. The property remains split in the
same place it was originally along the ditch. The ditch is whafs always referred
to. What I did, I moved the easement, the 60-foot easement from the west side
of the property, the long side of the — to the short side feeling that when I went to
JUL 82 'DI 17: 26 FR CITY -P I D I F41 2E8 684 4259 TO
Meridian City Council Meeiing
October 19, 1999
Pa,e 79
sell that property, it was, you know, made more sense to me to have a shorter
road to the back property than on the west side. Shari tells me she believes on
the road issue it has to be, the property has to be touching the highway. I'm
probably saying that wrong, and she can better explain it. But, to me that is just
a driveway to the property and back like you see if there's a residential lot, we
see a lot of driveways going back to a piece of property. That's basically what 1
know. I have Dick Heaton with me who is general counsel to Mr. Yankee and his
companies. If there's legal questions. Walt Morrow was kind enough to come
tonight because Walt was along with Ron Van Auker who I've spoken to and told
me the same thing. We're the catalyst behind having this property annexed and
zoned back in '81, and he knows the history of what went on with the City and
the intent and everything at that time. Be happy to answer any questions. Also,
the folks that I sold the property to are in the audience tonight, too, and they're
certainly the ones that wold like to be able to get a building — be eligible for a
building permit for each of their properties which Shari has told them. The way
she looks at it right now, there's only one building permit that can be issued for
these two properties. Any questions?
Corrie: None right now.
Ford: Okay. Thank you.
Corrie: yeah, We have to establish that there was an error (inaudible) so
anything that you have, that would be fine.
Morrow: I'm Walt Morrow, 2340 West Franklin Road, last name spelled
M-O-R-R-O-W. Just a point of clarification, can't add a lot to what Mike has said
except in terms of the history, properties were —
i
*r+` End of Side5 ***
and put together beginning of 1977, As Mike has stated, the annexation request
that was put together by myself and Mr. Van Auker and what you have in your
packet were all separate parcels of ground at that point in time. They paid
separate property taxes, they had separate legal descriptions, they were
annexed as separate pieces of property. There was an access easement from
the Rattigan (sic) parcel to what was known as the Howell parcel that was done
prior to the Land Use Planning Act of 1976; it was the only means by which you
could access another piece of property at that point in time. So there are many
of those types of access agreements or access easements with rural agricultural
property that you will run into as the City begins to annex and zone other
properties. We put together the project, brought it forward for zoning and
annexation in 1981; it was zoned (inaudible) industrial as Lender Industrial Park
with each parcel being represented in its shape at that point in time that I'm
familiar with; there's been no resubdivision of any of the original parcels. The
parcels ranged in size from one acre to 40 acres; the zoning and annexation that
JUL 02 '01 1?:26 FR CITY
cERIUI.4I 20H Ee4 4259 TO P.UA/13
Meridian City Council Nieevny
Octcber 19, 1999
Page 30
we did was with the agreement that if and when it becarne time to develop each
parcel that if they developed as a single parcel, it Nvas a single building permit. If
there was to be more than one user in subdivision created the property that the
subdivision would then conform to the applicable subdivision's ordinance that the
City of Meridian had at the time that that subdivision was done. So in the case of
these two pieces of property, there's individual users for each property, they
would get one building permit utilizing the six acres as one site and the 14 acres
as another site. If they wish to split that into any other uses, then they would
have to conform to all the zoning -annexation requirements, subdivision
development requirements that the City has in effect at this particular point in
time. Any questions with respect to the history of these properties?
Bird: I have none.
Cowie: No. Okay. Thank you. Anyone else? Shari, would you kind of give us
the reason for your decision.
Stiles: Pair, Mayor and Council, the more I've researched this, the more confused
I get. The warranty deeds that were attached to what Mr. Ford provided me did
show some splits; however, it looks, at least just going over it right now, it looks
like the property changed hands at least six or seven times within a week in'81,
I'm not an attorney or real estate attorney, I can't dig through all this. There was
a quitclaim deed that basically gave Lake Hazel Shopping Center the entire
property on May 29, 1981, The legal descriptions and the warranty deeds that
were provided to the City upon annexation were rejected because they were not
meets and bounds descriptions; the tax commission could not accept them for
legal annexation. So what eventually, the ordinance that was passed by the City
Council was a meets and bounds description of the entire parcwi that was
presented as the Lender Park Industrial Subdivision. As part of that annexation
in the ordinance that was passed by Council, it said the property was annexed
subject to — property was annexed to the City of Meridian subject to the following
requirements: that the preliminary plat to be submitted answers to the questions
of traffic, landscaping, sewer and water connections and design review. We're
kind of faced now with pretty much a piecemeal development out there; no
consideration for any of the access or it's approximately 160 acres, and what
really triggered all of this was the people that bought this property, this piece
here, came in for a building permit, and we asked that they provide evidence that
it was in that configuration in 1984 which is what we do to establish whether its a
legal parcel or not, and they submitted a warranty deed that hadn't been
recorded, and then they also submitted this piece of property showing it in four
pieces now; although that's not been anything recorded. It was a big problem
with where they proposed to put the building because the building would have
been right on top of this 60-foot easement. I can't tell from Ada County's records,
they've been doing some researching. I'm going to go back down there this
week and try to figure out why this record of survey was done_ if it wasn't
splitting property, I don't know what the purpose was. The legals that were
JUL 02 '01 17:27 FP CITY r RIUTAFI 208 664 4259 TO 370?' P.05/13
Meridian City Ccundl Meeting
actcber 19, 1999
Pace R 1
previously done on these six to ten deeds, I don't know how many deeds if they
are, all describe this entire parcel except some of the deeds say except that
portion south and west of the canal. The only thing I can figure is, maybe they
can answer this, is now they have actually done a meets and bounds description
that shows they are going to the center line of that canal. Before it was
impossible to tell from the deeds even where — there was no meets and bounds
description. It wasn't based on — I couldn't tell what it was based on, Because
this lot has no public road access or no approved private road, we deem this split
to not be legal, and that's why we did not accept the building permit application.
Corrie: Council have any questions of Shari and that explanation?
Bird: I have none.
Corte: Do you want to say something?
Heaton: Yes. My name is Dick Heaton, I'm general counsel for the Yanke
Machine Shop and related entities. I'd like to respond to a couple of the
comments. First of all, the deeds are consistent. The first deed out from the
Rattigan's of any portion of the property was in 1974. That deed conveyed way
the what's now called the Howell property and conveyed an easement on the
west side of the property 60 feet wide. Every deed since then contained those
same legal descriptions, and one — the legal description to the Howell property
was the legal description of all the property except that property south and west.
The legal descriptions to the Rattigan property was that property south and west.
That's the legal description that was written into the annexation ordinance. Shari
mentioned that the annexation ordinance had been changed. The annexation
ordinance that is in front of you was the ordinance that was approved in June
1981; it was recorded on June e of 1981. Shari is right. There were several
deeds recorded on or about that same time in 1981. The reason for that was
there had been some escrowed contracts, So they were pulled out of the
escrows and recorded at the same time. Lake Hazel Shopping Center, which is
a partnership owned by Mr. Tom Nicholson and Mr. Ron Yanke, purchased these
two properties in two separate transactions. The Howell property was purchased
from a combination of Howell and Barnes, There was an escrowed contract at
that time. Purpose of the quitclaim deed was to clear the titles so that there was
no question that the Howell interest in the property had been conveyed to take
Hazel Shopping Center. The waranty deed ran, from Lary Barnes and his wife
to Lake Hazel Shopping Center. You have those deeds. A couple of years after
that, Ron and Tom in taking care of their affairs, transferred the property to
Yanke Machine Shop. The Howell property and the Rattigan property were
transferred as separate parcels, two separate deeds, and you have in your
packet, 1 believe, a separate deed for each parcel. The Assessor's Office, which
is maybe the most definitive spot to look in terms of whether a division had been
recognized prior to the action by the City to annex, had assessed those under
two separate parcel numbers. The Assessor's Office still does. The assessment
JUL 02 '01 17:27 FR CITY-RIDIAN 208 ON 4259 TO 37`- P.06i13
Meridian City Council Met -Ling
October 19, 1999
Page 82
parcel numbers are in the maps in front of you, and there's one for each parcel.
The purpose for the survey was because we felt, and by the way, I'm not
speaking for Mike, we felt that to convey that property was best to define the
boundaries. The boundaries are the same now as they were before except that
now they're definite. Several of the meets and bounds (inaudible) changed as
they always do when you go from unsurveyed land to surveyed land, but the
nature of the property and the two lots never did change. The significant change
was Mike moved a 60-foot easement that ran from here back to there to here
back to there. The reason for that move is common sense. Thafs a private
driveway; private driveways are very common. We just spent a lot of time in the
last few minutes listening about a private driveway to service St. Luke's Hospital.
We can certainly serve that one lot with a private driveway. Yanke's feel and
obligation to make sure that the people who bought this, and those, again, were
two separate transactions, separate years, got what they paid for. Each one of
those people bought a lot thinking that it was eligible for a building permit. They
thought that because we thought that. We had thought that for 25 years. Is
there any questions?
Bird: 1 have none.
Ford: If I could speak to the last thing that Shari said about when the applicant
Caparelli (sic) came in and had it split up into four lots or something like this,
that —
Corrie: Identify yourself again, Mike.
Ford: Excuse me. I'm Mike Ford. Shari's comment was the Caparelli came in
with something splitting that up four flares or something like that. As she is
aware and as I have told Mr. Caparelli and hi6 partner, that's strictly between
them and the City. That is subdividing that piece of property, and that's none of
my business, basically. I'm here again to hopefully be able to say, 'Yes, I sold
you what I thought I sold you and you bought what you thought you were buying.'
Thank you.
Corrie: Okay,
Anderson: Mr. Mayor.
Corrie: Mr. Anderson.
Anderson: Question for you, Shari. You indicated when you started off your
reasons for denial, you were confused. Has any of the testimony you've heard
tonight, has that helped clear anything up for you? Do you still have the same
opinion as you had before, or are you still confused?
JUL 02 '01 1?:27 FP. CITY 'ER IDIRN 200 684 4259 TO 3767 P.0?i13
Meridian City Council Meezlrig
October 19, 1999
Page 83
Stiles: It has — I am still confused, but it hasn't cleared it up that the most recent
warranty deed 1 have for the property shows it as one parcel; it was conveyed as
one parcel from Lake Hazel Shopping Center to Yanke Machine Shop.
Bird: I disagree.
Stiles: It was supplied to me by Mike Ford.
Bird: Which number is it, Shari? Which deed number?
Stiles: 8218773. It's the entire parcel from Franklin Road to the railroad. Lk> to fnf r
Bird: 8212136 —
Stiles: That is the most recent deed prior to their sale, and that's what we would
rely on in determining whether it was a legal, separate parcel.
Heaton: May I speak?
Carrie: Give your name first.
Heaton: This is Dick Heaton again.
Carrie: Thank you.
Heaton: I have in my hand two original recorded deeds. These are not copies.
One is from Lake Hazel Shopping Center to Yanke Machine Shop, and the legal
0 2 ( description starts out: That portion of the following property line south and west
of the canal to wit, and then it continues to describe —
Bird: What's the number on it?
Heaton: The number is —
Bird: Up at the top.
l� Heaton: — torn off the top. Recorded on May 41h of 1982. The other deed does
have tfie number; it's 8212136. It says — it describes the property at the bottom,
it says: Except that portion south and west of the canal. That's the way ail of the
legals have been written. One is clearly of the north property and one is clearly
of the south property. These are the originals I have in my hand here.
Bird: Ours reads the same thing.
Heaton: Okay. J
JUL 02 '01 17:28 FR CITY °'ERIDIAN 208 684 4259 TO 37r" P.De/ 13
Meridian City Council Meeting
October 19, 1999
Page 84
Corrie: Yankee — that warranty deed (inaudible) Lake Hazel Shopping Center to
Yanke Machine Shop. That was April 30'h '82; is that correct? It says 8218773
(inaudible) —
Stiles: He's right. That is describing the one south and west of the canal. The
other one Is except south and west of the canal.
Bird: Mr. Heaton, before you go, when were you annexed?
Heaton: In 1981, June of 1981.
Bird: This split was done back in 74?
Heaton: In 1974 was the — yes.
Bird: And when did it go on the tax roll as separate properties?
Heaton: I would have presumed it would have had to have gone on immediately
after 1974 because two different people owned it.
Bird: That's right.
Heaton: But I don't have copies of those tax (inaudible).
Bird: (inaudible).
Heaton: But it would have had to have been taxed continuously since 1974, We
know it's been taxed separately continuously since we've owned the property.
Bird: Since you've purchased it, you've paid taxes on two separate parcels.
Heaton: Two separate parcels; right.
Bird: It has not been divided since the annexation?
Heaton: It has not, no.
Bird: It was divided before the annexation.
Heaton: That's correct.
Bird: Okay.
Stiles: I just want to clarify that the ones they show is dated — the deeds are
dated '74. They're not recorded until '81; ten days before they're annexed.
JUL 02 '01 17:28 FP, CITY " 'ER IDIRN 208 884 4259 TO 376" P.09i13
Meddian City Council Mezting
October 19, 1999
Page 85
Heaton: That was the escrow's contract.
(inaudible discussion amongst Council members)
Corrie: Okay. Any further questions?
Bird: I have none.
Anderson: I have none.
Corrie: (inaudible) Okay. Then I'll entertain a motion as far as the appeal of —
Bird: Mr. Mayor.
Corrie: Mr. Bird.
Bird: 1 don't know how to state this, but I'll try. I move that we approve the
appeal of the decision of Zoning (inaudible) and not taking anything away from
Sham, but also realizing that that was split before it was brought in, but if they —
they will have to go through the process, the new owners will have to go through
the process if they want to split anymore. So I move that we approve the appeal
decision.
Rountree: I'll second.
Corrie: Okay. Motion has been made and seconded to approve the appeal
request.
Gigray: Point of information.
Corrie. Mr. Gigray.
/Gigray: If this motion passes, then what I would — understand my directive would
be to prepare the necessary order which would include a Finding by the City
l Council that the legal descriptions as provided in the evidence for the two parcels
existed at the time of annexation and that they could proceed with their
applications in accordance with the state of those properties at that time is how
I'd write it up given your motion.
Bird: I would agree to that.
Corrie: Okay. Any further discussion? All those in favor of the motion say aye.
MOTION CARRIED: ALL AYES
Stiles: Could I get some clarification now?
JUL 02 ' 01 17: 28 FR CITY OF -R I D I pN 208 884 4259 TO 3762e.' P. 1e/13
Miendian City Ccuncil Meeting
October 19, 1999
Page 85
Corrie: Yes.
Stiles: There's an existing easement 60-feet wide on the west side and this
easement created, I guess, i don't know why this record of survey was done, but
now it shows there's an easement on the east side. Bill, do you have any advice
on —
Gigray: Mr. Mayor and members of the Council, i think that what 1 understood
the motion to be was that it would make the finding of the existence of these two
parcels at the time of annexation, which at that time included an easement, I
believe, on the west, whether or not the easement being on the west or the east
or the east has anything to do with issuance of a building permit I think was a
matter of review on the part of the staff as to what effect, if any, that has on
existing ordinances. That may pose other issues or it may not. I just don't know.
Their position is that they probably made a trade of the easements at some point
in time, I don't know that that necessarily affects the — comes under our
jurisdiction under the subdivision ordinance, but that could be looked at
separately. I think this issue has to do primarily with whether or not — I think
there was some — maybe some confusion, even on the part maybe of Yanke,
because I know we staffed this originally with — not Mr. Heaton, but another — it
was Mr. Miller, I believe. I was getting confused because I got the impression —
okay. Well, I'm song. I got the impression that we had parcels established by a
record of survey with some reliance upon past practice of the City allowing one-
time splits, and I think we kind of rot off on that direction, and what I hear their
position as presented by the evidence, supported by your motion is there were
two parcels at the time of annexation which is a different situation. We may have
learned something through this process.
Unidentified: t guess my question is, you known, (inaudible) whatever, (inaudible),
Shari, to you, I guess, which side that easement's on. Is that important to you
(inaudible) if it is (inaudible).
Stiles: If the easement exists, then, obviously, It matters.
Unidentified: Well, (inaudible).
Stiles: If there's two easements of record, then they can't build on either one of
them.
Unidentified. Give one up.
Stiles: i had another concern is since this property back here has no access, and
this record of survey establishes the property line at the center line, at least the
new legal descriptions that were prepared in '89, who's going to pay for their half
of the bridge?
JUL 02 '01 17:28 FR CIT' MEPIDIRH 208 684 4259 TO 3" 11 P.11%13
Meridian City Council Meeting
Oclober 19, 1999
Pace 87
Unidentified: (inaudible) property owners have dealt with that. That's not going
to be a public road. I think the property owners are willing to deal with that.
Again, I think the question (inaudible)
Stiles: If whatever Ada County Highway District will accept is whatever offsets —
Unidentified: (inaudible) not an ACHD road (inaudible)
Corrie: But it's an access.
Stiles: So the Council is approving, basically, a private road to this back parcel?
Is that not correct?
Bird. Wait a minute. We didn't approve anything but this thing that it was split
when it was annexed. tt has -- it had an easement. Now, I don't really care what
side the easement's on. I'm kind of like that. But whatever it was under, that's
what we approved. We didn't approve anything dealing with a road yet. That
was a right-of-way easement.
Stiles: But when the back parcel comes in, it has to have frontage on a public
road or an approved private road. Is this an approved private road?
Bird: That's when we deal — we do just like we did with the Treasure Valley
Baptist Church and K & L over there. That's — we dealt with the thing over there.
i don't know how you'd deal with it now, Shari, because they may want to put it
up the center.
Stiles: So you'd approve it at the time they came in with a development?
Bird: That's would be my thinking. That's the way we've done it before. The one
or two since I've sat on the Council we've done, that was done in the
development agreement when they come in for the development. All this appeal
was basically was whether it was a one parcel or two parcel when it was
annexed. We determined it was two parcels, it was two separate parcels.
Stiles: But that doesn't indicate they're two buildable parcels, then, because you
haven't approved the private road.
Morrow: Mr. Bird.
Bird: Have at it.
Corrie: Mr. Morrow.
Morrow: I'm sorry. Wait Morrow for the record. We determined that there was
two parcels.
3LL 02 '01 17:29 FP. CIT'• MERIDIAN 208 884 4259 TO 37
P.12113
Meridian Gty Council Meeting
October 19, 1999
Page SR
Bird: Yes, sir.
Morrow: The second parcel which is the Howell parcel in 1981 had an access
easement to that parcel. That still exists. if those folks want to come and get a
building permit for those 14 acres and access it on that existing easement, they
.access it. They don't have to go through a (inaudible)
Bird: I agree with you. But the appeal was on a two — whether it was one or two
parcels. We don't have anything to do on the development on this thing.
orrow. No.
Bird: And so I could care — sure, I care, but as far as tonight, it don't matter
whether they have an easement or not.
Morrow: I'm trying to get to — well, the answer to her question is, in my opinion,
is that if the people that own the back parcel come and ask for a building permit —
Bird: Yeah. --------
Morrow. — they have a legal lot. They have access. The City upon approval of
plans issues the building permits.
Bird, That's when that easement is handled at that point.
Morrow: Well, the easement exists at that point as a driveway to there. It's not a
development agreement that has to be done unless that piece of property is
further split into other pieces of property.
Bird: That's what — and as I understood, that's what happened to that piece of
property is Bill and his partner come in and showed her four separate lots or
something which you — I don't know anything about that, but what we were
dealing with tonight was whether it was one parcel land or whether it was two
when it was annexed. That's the part that I'm concerned about. That's what
we're done with tonight.
Morrow: And the further question that she's asking for guidance on is which
easement is it that they're going to utilize to access the back piece of property.
Bird: Well, I think that can be done by whoever owns the property (inaudible) get
together. I mean, you know, if they want to use it 60 up the long way, that's fine
with me. If you want to do it the other side, I don't care.
Morrow: (inaudible) position they take.
JLL 02 '01 17:29 FP. CITY t1ERIDIP#,J 206 684 4259 TO 37r 1 P.ly'13
Meridian City Council mf.;.,,ng
October 19, 1999
Page 39
Bird: That's the position that they have to take for the development I thought, I
mean, we've done what we were asked to do tonight, and the rest of it comes
(inaudible).
Morrow: I think the point it had (inaudible) discussion was try to get some clarity
from the standpoint because if the issues raised by Shari and others outside of
this forum, and then it has to come back to the Council in terms of private sectors
thing, then, what did you really mean here. Her question is fair.
Bird: That's true. But that is handled when the plat or whatever you want to do
corning in to develop it.
Morrow: It's a single development or there wouldn't be a plat.
Bird: That's right. It's a single development.
Morrow. (inaudible)
Corrie: Okay. We're back to — stay up any longer.
Bird: You got over the easy part now.
ITEM 18. REQUEST FOR SPECIAL PERMIT FOR USE OF
PYROTECHNICS OCTOBER 29TH AND 30TH BY BRUCE
YOUNGER, MERIDIAN ASSEMBLY OF GOD AND TEEN MANIA
MINISTRIES:
Corrie: Item No. 18 is a request for special permit. That's against — that's going
to have to go by the wayside because you rant get a special permit because the
ordinances (inaudible) reads, and they don't have the (inaudible) in the first
place.
Bird: I was going to say —
Corrie: (inaudible).
Bird: (inaudible) a one week.
Corrie: It shouldn't have even been on the agenda.
ITEM 19. APPROVAL OF CITY ELECTION JUDGES AND CLERKS
Corrie: Item No. 19 — approval of City Election Judges and Clerks. Will. Do you
want to tell us about it? Show us here what they're about?
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