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Home My WebLink AboutPZ - Legal Response to Email comment about Applicant's Presentation 11-6 Charlene Way From:Kurt Starman Sent:Thursday, November 13, 2025 10:44 AM To:City Clerk; Charlene Way Cc:Sonya Allen; Bill Nary Subject:Cherry Blossom East Subdivision (H-2025-0030) Good morning. Will you please add the email below to the record for Cherry Blossom East Subdivision (H-2025- 0030)? The email concerns an easement-related issue associated with the Applicant’s presentation to the Planning and Zoning Commission on November 6, 2025. Thank you. Kurt Kurt Starman | Deputy City A?orney City of Meridian | City A?orney’s Oﬃce 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho’s public records law and may be released upon request, unless exempt from disclosure by law. From: Jon Breckon <jbreckon@bldi.co> Sent: Wednesday, November 12, 2025 12:55 PM To: Kurt Starman <kstarman@meridiancity.org> Cc: Sonya Allen <sallen@meridiancity.org>; Gregg Davis <gdavis@breckonld.com>; doug@jayoconstruction.com; Bill Parsons <bparsons@meridiancity.org> Subject: RE: Cherry Blossom East (?) External Sender - Please use caution with links or attachments. Kurt, I appreciate you clarifying this. Thank you, Jon Jon Breckon, ASLA, CLARB | Principal Landscape Architect BRECKON landdesign | 6661 North Glenwood Street, Garden City, Idaho 83714 MAIN (208) 376-5153 x101 | CELL (208)949-5153 | BRECKONlanddesign.com From: Kurt Starman <kstarman@meridiancity.org> Sent: Wednesday, November 12, 2025 9:18 AM 1 To: Jon Breckon <jbreckon@bldi.co> Cc: Sonya Allen <sallen@meridiancity.org>; Gregg Davis <gdavis@breckonld.com>; doug@jayoconstruction.com; Bill Parsons <bparsons@meridiancity.org> Subject: RE: Cherry Blossom East (?) Hello Jon, You made a presentation to the Meridian Planning and Zoning Commission on November 6, 2025, concerning Cherry Blossom East Subdivision (see attached slides). Page 14 of your presentation includes the following language: For clarity: 1. My comments to City staff concerning the access easement agreement in question shall not be construed as legal advice to you or your client. Your client should consult his own attorney for legal advice. 2. Contrary to the language in the excerpt above, I did not state “the \[access easement\] agreement is still valid . . . .” Rather, I informed my client, the City, that the access easement agreement is flawed, but a court would likely uphold the validity of the agreement if the legal description is accurate. Only a court of competent jurisdiction can determine whether the “agreement is still valid.” The purpose of this email is simply to clarify this issue. Once again, the City Attorney’s O?ice is not providing legal advice to you or your client. Thank you. Kurt Kurt Starman | Deputy City A?orney City of Meridian | City A?orney’s Oﬃce 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to Idaho’s public records law and may be released upon request, unless exempt from disclosure by law. From: Sonya Allen <sallen@meridiancity.org> Sent: Wednesday, October 29, 2025 11:19 AM To: Gregg Davis <gdavis@breckonld.com>; Jon Breckon <jbreckon@bldi.co> Subject: RE: Cherry Blossom East (?) 2 Gregg, Because the corrected easement hasn’t been executed by the Grantor, it has no legal e?ect (i.e. it doesn’t modify the previous agreement in any way). The City Attorney feels the existing easement is likely valid but it’s ﬂawed because Lots 16, 17 and 19 were never platted. However, because it does include the legal description of the property in question, it’s likely adequate assuming the legal description is accurate. It’s his opinion a court would likely uphold the validity of the access easement. Thanks, Sonya From: Gregg Davis <gdavis@breckonld.com> Sent: Tuesday, October 28, 2025 1:07 PM To: Sonya Allen <sallen@meridiancity.org>; Jon Breckon <jbreckon@bldi.co> Subject: RE: Cherry Blossom East (?) External Sender - Please use caution with links or attachments. Sonya, Doug did have the easement updated, see attached. Thank you, Gregg Davis | Project Manager BRECKON landdesign | 6661 North Glenwood Street, Garden City, Idaho 83714 MAIN (208) 376-5153 | BRECKONlanddesign.com From: Sonya Allen <sallen@meridiancity.org> Sent: Wednesday, October 22, 2025 2:04 PM To: Gregg Davis <gdavis@breckonld.com>; Jon Breckon <jbreckon@bldi.co> Subject: RE: Cherry Blossom East (?) In regard to you question regarding the access easement from your 10/9 email to me, see below. Ideally, the easement would be updated. From: Kurt Starman <kstarman@meridiancity.org> Sent: Wednesday, July 10, 2024 12:24 PM To: Gregg Davis <gdavis@breckonld.com>; Sonya Allen <sallen@meridiancity.org> Subject: RE: Cherry Blossom East (?) Thank you, Gregg. It was nice to meet you, as well. Sonya, here are my observations: 1. It is concerning that the Access Easement Agreement (“Easement”) describes the Jayo Holdings LLC property (“Jayo Property”) as “lots 16, 17 and 19 of the Cherry Blossom Subdivision,” since the preliminary plat in question expired. Stated differently, lots 16, 17, and 19 do not exist. Ideally, the reference to lots 16, 17, and 19 should be removed from the Easement altogether. If that is not feasible, let’s chat. The existing language may 3 not be fatal, since Exhibit B of the Easement contains a metes and bounds description, but the existing language creates ambiguity (which can lead to disputes later). 2. The description of the easement area (see Exhibits C and D) is very sparse (e.g., no legal description). The Easement is likely enforceable, but ideally the instrument should include a legal description to avoid ambiguity. 3. The Easement is not suitable for City-owned utility lines (water and sewer). The City would need a separate easement that lists the City as the grantee and includes the City’s standard provisions. Let me know if you have any questions. Thank you. Kurt Kurt Starman | Deputy City Attorney City of Meridian | City Attorney’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: (208) 898-5506 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. From: Gregg Davis <gdavis@breckonld.com> Sent: Tuesday, July 9, 2024 5:24 PM To: Sonya Allen <sallen@meridiancity.org>; Kurt Starman <kstarman@meridiancity.org> Subject: Cherry Blossom East (?) External Sender - Please use caution with links or attachments. Hi Sonya/Kurt, Good to meet you today! Attached is the FULL access easement agreement, with exhibits! Thank you, Gregg Davis | Project Manager BRECKON landdesign | 6661 North Glenwood Street, Garden City, Idaho 83714 MAIN (208) 376-5153 | BRECKONlanddesign.com 4