The URL can be used to link to this page

Home My WebLink AboutFP NotesAv v � LAW OFFICE KENNEDY, THOMAS, SASSER S HAMLIN ATTORNEYS AT LAW 1414 WEST FRANKLIN STREET P. O. BOX 2681 BOISE, IDAHO 83701 FRED KENNEDY BRUCE L. THOMAS January 7, 1980 M. MICHAEL SASSER AOWRT O. HAMUN Mr. David Reeves 1701 Canna Drive Meridian, Idaho 83642 Re: Gem Estates Subdivision TELEPHONE 208-340.3400 + Dear Mr. Reeves: i; I have enclosed a copy of the letter received from Jack Dowdle, the President of Gem Estates, Inc. It is ap- parent from the tenor of Mr. Dowdle's letter that the corpora- tion is not prepared to accept any responsibility for any damages sustained by you as a result of the manner in which the subdivision was developed. It is also apparent that Mr. Dowdle is not familiar with the fact that Title 50, Chapter 13 of the Idaho Code, which provides for the filing of plats when a tract of lames divided into five or more parcels, does not require that the developer sell the parcels as "lots". A vio- lation of the Idaho statutes occurs when the tract of land is divided and sold as five or more "parcels". This is precisely what occurred in the instant case. After you have had an opportunity to review the en- closure, please call me in order that we can discuss the manner in which you wish to proceed. I suggest that we obtain an opinion concerning the damages sustained by you as a result of the wrongful development of the subdivision and then submit a demand letter to Gem Estates, Inc. and Howard Dunbar. Very truly yours, M. Michael Sasser MMS/ko Enc. 21 Gem Estates, Inc. P.O. Box 386 Meridian, Idaho 83642 Mr. M. Michael Sasser 1414 West Franklin Street P.O. Box 2561 Boise, Idaho 83701 RE: Gem Estates Subdivision Dear Mr. Sasser: ° [ 1CfldCnn. DEC 31 1979 BENNL �Y (.0;►1HS & :ASUR December 28, 1979 We have received your letter of December 17, 1979, regarding alleged damages to Mr. David Reeves. Compliance and approval of Plans and Specifications for this subdivision were accepted by the Meridian Planning and Zoning Board, the Meridian City Council and the Ada County Highway District. Building permits were issued by the City of Meridian and the apartments were allowed to hook on to the Municipal water and sewer systems. Also, the streets have been accepted by the Ada County highway District for permanent maintenance. All of the property i.ri the subdivision was sold as parcels on a metes and bounds description and not on a lothasis, with the ag,reelijent th,it we would file a plat when required. The parcel on which Mr. Reeves resides was included in the original zoning for tour-plex apartments. We did not sell the property to Mr. Reeves and do not know what was disclosed at the time of his purchase but have no reason to doubt that information regarding zoning was withheld. We have developed the project according to the specifica- tions of the various agencies involved and believe that we are legal in every respect and have not damaged anyone. 2Y s truly m Estates, Inc. J. L. "MIKE" CLARK ASSESSOR MEMBER OF INTERNATIW44V . ASSOCIATION OF ASSESSING OFF tC E HS ADA COUNTYCOURT HOUSE ANNEX 525 JEFFERSON 1,1 REE1 8J102 PHONE 3848"1 ��NIY ;� I,•� r, r,r• r U� t1Ul'i IfCT. f M ASSESSOR 1�L' . Dove Le',Ioj ._dig. gouty Prosecuting osecuting Atto2ney Ada County Count Nouse Boise, Idaho Dear A-. Q:OY: R. NEIL DECHAMBLAU CHIEF DEPUTY STUART T. GOWANS M OTOH VEHICLE DENT Ian 5 ry jPCISAL" I>,Vi. 6.)1U• WWW 38,977, aJ 1J -L `0`-6 *�J L C-, sccttua 63-303. {FLATTING REQUIRED FOR INTRICATE DESCk11T C r III wi any Z c, 7 sub - 1)h �z.f'c cake � .c{[I�2e the dc'sc.1�p't<�In op a►ul t.tac,t u6 !� i, r lajl�, X12 Il'{leKl' the.desCh. ptcon t'�j Ulll' on 111,Ih[.' ot, the 066mrt pants G1 SIMS tYCU6, cannot, cn tic Iudgocut op tho azs nov, Abe made. / � n � a rl 'ul111C'11t, t{�' Le6•ii!v'.i�'�� r f e',1 4 0[ �_ruL l � ��J l � 1, a.�' �J i s�ch6cci,r)ttcr' cllLa,i,; �utd ,zccu.na.ie � 1-- lhati Hutty the county '-ccon.den the,M, and the ccuwtY-'i.('_.cCldea. LIiIZi.L t trteneupC't'1 pnu:eed to have suchland pta�tted <11 the samer,la1[Yie.>t as p'LC'�'<�it (il sl'ct(of! 7(7- 1J14, Idaiii' Code. I to Section 50-1Y4, LNFORCING WCL'TIM CF PLAT--- AnSWONT Of COSTS. -rWhenC'1'e'C -tho ow"c-1s o6 ally tnant o6 land have divided and sord c1 coll,,,d pure (5) on mune pants then -W, on invested the pub -tic_ with any night themn, and have 6ai.ted and neglected to execute. and We a plat 1u -n nccond, as pncrvided in the tilteen (i3) p( nein [g seeticlis W this act, the county necclnded shah no-ti6y some on, att c6 such ownexi aad p-no- p1j-e-tons by maul on othewilse, and demand an executfoo W -such plat; 16 such awnena on 1.1.nop,e-tois, whether ltoti6ied oh not, bait and Neglect to execute and 6if'eIca neco4d said plat within WAty (30) days ayen the tssuaKcc N such Notice, the 7ecotden shalt cause to be made a plat. C6 such tract and a[ly sunve'[i<,1,; [ll'CPssa'C[I tlte10601. Said plat shaft be pnepan'd in accen,dance with nqcu lamcHt.s c)t sect4oms 50-1301 through 5j.1325, and it addit.,n, be signed and ackHowfcdged by the neconucn_,whc shaet certify that he executed it bU neaso)I 06 tri(' )IaC1uRe 06 the ""C"s 0 1 plar It I tors flamed to do so, and 6t -ted bon `econd, and, when so f t'e-d 60 fecund, si[jef have the same West not all purpose.; as q executed, achnotafedgad and nccon_de-d by the owners on pnoph,ic'dons themselves. A conhect statement o'the costs and cxrenses v6 such plat, su-tveytng and neeondi [ig, ve n.i6ied by oath, shalt be by the tccnndct told be 6o.ne- the next Sesstoa oh the county boaAd, whu shalt affow the salve and oadet the salve to be paid out o6 the county tneasuty, and who ehat.t, at the: same time, assess the same a►quu"t pio rata upon alt several terns on pales o6 said subdivided tract; saAd asserssme"t shalt be collocud with, and in hike manneh as the. gen- 1'ac, Secai.ori 50- 13 14 cont. ehae -taxes, and 5haef go to the genena.t eouitt_y bund; t sa.�d board may dixect bu,it .to be b.tough-t in ,the game o6 the, county(Illy be6onc ,ly cou,tt haui)ig jwi.<:.5d.i.c- .tion, to ne.eoven 6iom .the -5aicl otiginat otuiieu a -t p-'�.c �,.t<:c-tc,rvs, 'Said cost aild expense on p-te.pati)ly and teeonding said peat. Titins obi -ice -c.s ti<-ndi.�iy seve�rzi- �,!,�b�eme 1-n at-tk,e,pt,ing- to aecu,fi_atetc/ ioca.te, de-scn.i.be, a,ld j,Ca.t : cve.na,Y pnopenttes aitd in ru6uaitt to the above Idaiio Codes, i wou.ia we -take C,to)>el�-s.tcp5 to cct.acct the ptobf'e.m. Please. uote .tile a.�'taciccd. Scgcc tei'.y, J. L. ffatl, Ataa ccltw t y This letter of notification is for the requesting of causing a plat of part of the NW 1/4 of the SE 1/4 of Section 12,3N. 1W B.M. in which several parcels of land have been sold. The original owner is Wood, Roy C. & Emma Lucille. The parts were sold to Gem Estates Incorpo-ated. Gem Estates Incorporated sold part to the City of Meridian for roads. This part was not sold to Ada County Highway Department, but was recorded by Ada County Highway Department. The remainder of the parcels were sold to Profhets Properties. JLC /c b cc: Clarence Planting, Ada County Reco-,der Dave Collins, Ada County Engineer Don Storey, Mayor, City of Meridian 3 MAYOR AND CITY COUNCIL Attorney Gary Smith, City Engineer Vernon Schoen, Building Inspector NOTE: There will be Legal Representation and Charges of Dave Reeves. Attached you will find minutes of final action, copy of letter from the Assessor to Mr. Dave LeRoy that was referred to. Copy of the original Plot and all other information is available in the City Clerk's File. Please read minutes and action of Planning and Zoning that are attached. ,�� DEC 1 U 1979'