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HomeMy WebLinkAboutBurlile, Todd AP 02-001 . MAYOR Robert D. Conie ",-,~ .L":.' '~'c1"l olfe~;dl;d~-~~;:"\, i IDAHO I~ A Y ~. ,I; C. . LEGAL DEPARTMENT (208) 288-2499' Fax 288-2501 PARKS & RECREATION (208888-3579' Fax 898-5501 PUBLIC WORKS (208) 898-5500 'Fax 887-1297 BUILDING DEPARTMENT (208) 887-2211 . Fax 887-1297 PLANNING AND ZONING (208) 884-5533 . Fax 888-6854 CITY COUNCIL MEMBERS Tammy deWeerd William L. M. Nary Cherie McCandless Keith Bird .. , SINCE " 1903 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: September 17,2002 Transmittal Date: September 11, 2002 Hearing Date: September 24, 2002 File No.: AP 02-001 Request: Appeal to allow gate on rear property line for access to rear yard of residence from NMID access road behind lot for Todd Burlile By: Todd Burlile Location of Property or Project: 4881 West Tournament Drive David Zaremba, P/Z (NoVAR, VAC,FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No VAR, VAC, FF>) Keven Shreeve, P/Z (No VAR, VAC. FP) Keith Borup. P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, CIC Tammy deWeerd, CIC Keith Bird, CIC Cherie McCandless, CIC Water Department Sewer Department Sanitary Service (No VAR, VAC. FF>) Building Department Your Concise Remarks: Fire Department Police Department City Attomey City Engineer City Planner Parks Department Meridian School District (NoFF>) Meridian Post Office (FPlPP only) Ada County Highway District Community Planning Assoc. Central District Hea~h Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power CO. (FPIPP only) U.S. West (FPIPPonlYJ Intermountain Gas(FPIPPonlYJ Bureau of Reclamation (FPlPP_) Idaho Transportation Department (NoFF>) Ada County (AZonly) 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 . . m\/ CITY OF MERIDIAN Planning & Zoning Department 660 E. Watertower LTL, Ste. 202, Meridian, ID 83642 (208)884-5533 Phone / (208)888-6854 Fax APPEAL APPLICATION Appeal of Decision of: Zoning Administrator City Engineer Building Department staff P&Z Commission Other (Speciry) APPLICANT: 7::cM IJ tJo" If I c PHONE: 'i'Jg<(- n7 <.( (p 9 ADDRESS: ~ l..{'(;'81 W. '/"oJ"'YI"''''''~'''+ WI'- NATURE OF APPEAL: We",!,p like +. l' \.l +- j'" toe , V\ oS; C oJ't-L./ e o..s+ tdV' n.... 0 ~ ?rdfe.-~. .:c "J).",,+ Lo..-.J"" /,,+_ o.t~c..S:<: Je.w +. ~ J.","",-~.s.;~"'..s o+' (elf, 'Ke...k+....s ,sa.\cO ;+ ....J""-" ,,/<... t~0 FEE: $150.00 ,,~ SIGNATURE . · VOl.!", I Gp7 Turnberry Homeowner's Association --- 201 West State Street Boise, Idaho 83702 (208)336 - 7115 Fax: (208) 336 - 7159 July 22, 2002 Todd Burlile 4881 W. Tournament Drive Meridian, ill 83642 RE: Easement Annroval Dear Sir: The Turnberry Homeowners' Association Board of Directors (BOD), has reviewed your easement request package and has granted approval based upon the below conditions. Homeowner, Todd & Lori Burlile, understands and agrees with the following conditional easement. I) Continued compliance with ACHD License Agreement (#0431-1176-0502). 2) Responsible for all costs associated with this easement request. Including but not limited to moving landscaping at corner and responsible for the cost of replacing any landscaping that may die as result of moving. Landscaping relocation must be coordinate and approved with the Common Grounds Committee, Chris Garvin Chairman. 3) Agree to pay for the cost of relocating any sprinkler lines which maybe required to move. 4) Release the HOA from any liability that may result from this easement. This agreement should be signed and returned to: DEANCO Property Management / 201 W. State Street / Boise ID 83702 or fax 336-7159 by August 9" and prior to any work beginning on the HOA common area. Reviewed and Approved by: , , / ~/ -. \.f(an Todd Burlile, Homeowner Lori Burlile, Homeowner .MAY.15.2002 1:06PM NAMPA MERIDIAN IRR . . NO.518 P.2/2 . ,. ~ ' .!"" ?t.Ht~4' & ~ 'IIVU,4tU. ~ 1503 FIRST STREET SOUTH NAMPA,IPAHO 83651.4395 FAX /I 20S-~3'OO92 IS May 2002 Kathy Smith - AdaCo\ll1ty Highway 1}jilriJ;t--- -- - 3 J 8 East 3?1Il Street Garden City, m 83714 Re: Todd Burlyle Property / 4881 W. Tournament Drive, Meridian, Idaho Pho...: Areo Cod. 208 OFFICE: Nompa 466-7861 SHOP: Nompa 466-0663 Dear Kathy: This letter is to follow up our telephone conversation the afternoon of May IS, 2002. The NllIIlpa & Meridian Inisation Distriot bas no objecticns to the Burlyle's llllOessilli a portion of the District's easement to get into the back of their lot oft' of Bl~kcat Road, It would be adv~ous for the District also to be able to utill2e this access as we bave control valves for the pump station located acljacent to the property. Please ieel free to contact me if you feel further discussion is required. Sincerely, jLf~ fohn p, Anderson, Water Superintendent NAMP A It. MERIDIAN IRRIGATION DISTRICT JPA: din Cc: File Board of DireetOl'll Seorlltaly- Treasurer Asst. Water Superintendent Rido 4 - Lany Oillmore EXHIBIT "B" APPROXIMATE IRAIGABlE ACRES RIVER FLOW RIGHTS - 23,000 BOIBE PIOJECT RIOI-IT$ . ~o,ooo een I .~ " ~.. (",I I ..J!I. ....1 . I to .....~ 01(".1 ...... . ...... I'J -' . I I 0 -' I Ol li:\') (J) (l) -a. co o · 0'" . - ...... . .....(11 .CO . . "-I 149.82' \ ()Ul O~ ;0, Z~ ~m ".en ITI 111 i~$kt.~J-,~J. 0 rrt -t )- - r -- -- S 00-38'0 (8AS/~ NORTH ----...----- , .: ~ '" .. ' ;0'. , ' .,.,.....1'1: ..~.....'.i...'..'~. ( " ',('j"~, " "'i""" l;j~l .." ~ "--""", .t'.~!ti ".~- .,,,, :0. ~, . . Property Management No. 0431 117li 0502 Street: Black Cat Rd adjacent to 4881 Tournament Dr T.3N., R.1W., Sec. 4 TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this 23 day of MAY , 2002, by and between the ADA COUNTY HIGHWAY DISTRICT, _a bQ\t~' politic an~ corporate of the State of Idaho, hereinafter referred to as "ACHO" and TODD BURLILE, hereinafter referred to as "Licensee'" , WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" & "B" attached hereto (the "Right-of-Way"). 1.2 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth and for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE: LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Licensee to place an access gate to access backyard from Nampa Meridian Irrigation District ditch rider access road. Licensee must get approval from Nampa Meridian Irrigation District, the Homeowners Association, and the City of Meridian. Licensee understands that direct lot access from Black Cat Rd is not allowed. Access only from Nampa Meridian Irrigation District ditch rider road. Licensee will minimize use of access as much as possible. Should Black Cat Rd be widened in the future license agreement may be terminated. 2.2 This Agreement does not extend to Licensee the right to use the Right-of- Way to the exclusion of ACHD for any use within its jurisdiction, authority and LICENSE AGREEMENT - Page 1 (rev. 10109/00) . . discretion. If the Right-of-Way has been opened as a public Highway (as used in the Agreement the term "Highway" is as defined in Idaho Code ~< 40-109(5)) Licensee's Authorized Use is subject to the rights of the public to use the Right-of-Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of-way. This Agreement is not intended to and shall not preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, as appropriate, SECTION 3. CONSTRUCTION. INSTALLATION OF IMPROVEMENTS. Any construction and/or installation by Licensee of improvements, including, without limitation, buildings, fixtures and landscaping (the "Improvements") on, over, across and under the Right-of-Way shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. TERM. 4.1 The term of this Agreement will commence on the ----11 day of MAY , 2002 and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 4.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder, ACHD may terminate this Agreementand the rights extended to Licensee hereunder at any time effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 5. FEE. There is no fee for the Licensee's Authorized Use of the Right-of- Way under this Agreement. SECTION 6. MAINTENANCE: FAILURE TO MAINTAIN: RELOCATION OF UTILITIES. 6.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and, as required to satisfy applicable laws, the policies of LICENSE AGREEMENT - Page 2 (rev. 10109100) . . ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 6.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 6.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; At its sole cost and expense, Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto. If Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 6.3 Notwithstanding the provisions of section 6.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of and at the cost of Licensee, necessary emergency repairs. 6.4 Licensee will be responsible for the relocation of any existing utilities located on the Right-of-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way. SECTION 7. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed. Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing. Provided, Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided, ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. LICENSE AGREEMENT - Page 3 (rev. 10109100) . . SECTION 8. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACHD (Construction Services Division) before commencing such work pay the required fees and otherwise comply with the conditions set forth therein. SECTION 9. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 10. NO COSTS TO ACHD. Any and all costs and expenses associated with Licem;ee's Authorized Use .ofthaBight-of-Way, oroaoy-OOllstruction or~installatien of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 11. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 12. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Right-of- Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so and assess Licensee for the costs thereof; provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right-of-Way following termination and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD at no cost. Further provided, if the Authorized Use of the Right-of-Way under this Agreement is for landscaping in ACHD Right-of-Way and irrigation and maintenance, and the general purpose government with jurisdiction has adopted ordinanc,es, rules and r9gl.lJations governingthelandse'.aping and maintenance of such Right-of-Way by owners of the adjacent property to the extent such owners are obligated to maintain and irrigate the landscaping. Licensee need not remove the same from the Right-of-Way. SECTION 13. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents, to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring LICENSE AGREEMENT - Page 4 (rev _ 10109100) . . during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 14. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic ~vaste, _materi5lL_orsubstaJ'lCe~"0f,.olheLsimjjal' ,terj;Jl;~Y any-federal,state'or . local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (Hi) commit no waste or allow any nuisance on the Right-of-Way. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses, including without limitation, reasonable attorneys' fees, arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 15. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent will not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 16. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 17. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery) or by facsimile verified by electronic confirmation. All notice shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in written notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) the day of delivery to the overnight courier, or (c) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 318 East 37th Street Garden City, Idaho 8~714 Attn: Right-of-Way Division LICENSE AGREEMENT - Page 5 (rev. 10/09/00) . . If to Licensee: Todd Burlile 4881 W Tournament Dr Meridian, Idaho 83642 (208) 884-2469 SECTION 18. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 15, Licensee's assigns. SECTION 19. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 20. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. LICENSEE d~pg.IL Todd Burlile EXHIBITS: Exhibit "A" & "B" -Description and depiction of Right-of-Way X:\Legal Formslagreement - temporary license. doc LICENSE AGREEMENT - Page 6 (rev. 10/09100) . . www.titl.onecorp.com - Order No.: A026908 'r!~~,~..iMI.E?4PFEu',.r.C t::fl tb;/ 7L5 CORPORATION WARRANTY DEED For Value Received: HIGHLANDER HOMES, INC. A Corporation duty organized and existing under the laws of the State of IDAHO hel'eby Grant, Bargain, Sell and Convey DOto LOR! LEIGH BURLtLE lUld TODD BURLILE, WIFE AND HUSBAND Whose current address is: 4881 WEST TOURNAMENT DRIVE, MERIDIAN, ID 83642 The following described real estate, to wit: Lot 8 in Block 1 of TIlE ruRNBERRY SUBDMSIONNO. 2, according to the official plat thereof, filed in Book 81 of Plats at Pages &835-8836, l'ecords of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever, The Grantor does hereby covenant to and with the said Grantees, that it is the owner in fee simple of said premises; that it is free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee: and subject to restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, including irrigation and utility easements, (if any) for the current year, which are not due and payable, IUld that Grantor will warrant and defend the same from all lawful claims whatsoever. In constraining this Deed and wh.ere the oontext SQ requires, the singular includes the plural, and the masculine, includes the feminine and neuter. IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board ofDirec(ors has caused its corporate name to be hereWlto subscribed. Dated: 02126/02 IIIGHLANDER HOMES, INC., by: /U/.f MARK S. KOLNES, It's PRESIDENT STATE OF IDAHO COUNTY OF ADA ON THIS .,?,,; DAY OF FEBRUARY IN TIlE YEAR 2002 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED, MARK KOLNES KNOWN TO ME TO BE THE PRESIDENT OF THE CORPORATION TIIA T EXECUTED THIS INSTRUMENT AND TIlE PERSON WHO EXECUTED TIlE INSTRUMENT ON BEIlALF OF SAID CORPORATION. AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. IN WITNESS WHEREOF,IIIA VE HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL SEAL TIlE DA ND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. ....'...........,., IANNA L. STORK ~~" L..!l'O .. RESIDING AT: MERIDIAN I "f:i: ~+ \ MY COMMISSION EXPIRES ON:OI/23/08 f Q +~:~)> 1< l i 1< c.: \ '- ItUl''''\: 0 i \~c.PJ-;-'''... Q~~I '..., 7'S Oi \' ,,,,,.4 ""11111"1'" . ctG;;;l1an 33 E. Idaho Ave. Meridian, lD 83642 Applicant 'Jal d Address '-liT / Dale Q-9-t/;}. It ^-7 /, f'3b"!-2 Phone YN- n&1 NAME ON CHECK IF DIFFERENT THAN APPLICANT I ~l- _ ~...e~_ ".Jt. c",-:lt~:JI- ~: :00 PAYMENT DOES NOT INDICATE ACCEPTANCE OF APPLICATION TAX TOTAL 1327 /41 Received By 94760 !T~~ou (') LO 0> (') .., " Q 0: o I- 15", ~IIlU :J:!cr::a a:....::I- ;:)a:o - ID;:)'":~ Q~;;:g aa::.....a: eg;~ ~ ~ ~ 'If ~i; ~ii EI ;;\ ~ o ~ \.n :1l - <5 -fFJ- I . (, ~j ~ -S~ .s~ ~ S"E o..c o '" ~"--T"" ~.!; ,,:1:"'_ ..,Cllog ~..-.c(f) F~~~ o ."_ IIlQ.!!co ;!O:S~ i . t. > " . C"- O o o tJI o .. lJ'1 t'- lJ'1 MJ t'- - .z MJ ~ '" J: ..