HomeMy WebLinkAboutRoyA•
Meridian City Hall
April 7_ X9')5
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Meeti called to or
- - er b the a or Don M. Storer
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Councilmen resent;
IW. D
Skiv
er; Kenneth Rasmussen; t
~Marvin Bod
ne•
f John Navar o -~ -
l
Others present: Bre
Dan t Ba
Tid rug; Jim Fairchild; Vern Al
ell• ordon Clever• Doris O eman~ Fay
oss;
iasoh~ack J. Barbee•
Geo ~•ge P~ }+tiF, $ ;~,inda Lund; Jack Dowdle; E ugene rawford;
Fra
Gro ,s Hax
er H +r_is • John _ Krishnek; John F ~~-~~r
ddo~~Margaret £Mockvitz ~±
1 ~__d_
~ -? s Groves_•
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Minutes of revious• _~
eeti __
s we a read and''a roved. _
Jack Dowdle was Ares nt t disc ss the Roy Wood props ty f ~cing est Pine
'
Ric Orton the archi
ect
a3 a inset resented the
o os
1 of i
evelo ent
for multiple family ensi y.
Wa a Skiver resent d th$
~ findiings of the Plannin
, - d Zo z Co
I mmission.
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It was recited in th it m mutes+ that it was their de e t ~t Pi a and Broadway
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1 ings; ; o~o# rform
v~.
the present structur s ad~ oini these two streets. ~ j
The Developer had ho ed t0 use all these lots for two; stor k mult~ .ple dwellings
and felt that for th ~~riQ e hews Qa~ing for the lani d_s_a_n ~othe ~_would be
too costly.
Ric Orton su ested
hat ~ ~
his decision be recon8idere
d t°
jsin~le~
stor~_
multiplex instead of sing e fam~ly facing Pine and B
~ - ~ oadwa
' y.
Mr. Skiver read from the F~ lanniz~g ~fnd Zoning rn~ mutes + of Maa~ch 311st recommending
the above property b
property facing Broa rest
way a rict4~d to single family, oT
nd Prie. ~
i e sto~•y st_ r* Mures on
!
Jack Dowdle stated t t h eir pans consist of two s~ ory Alex bn all lots.
_ _ With this densit th
Mr. Dowdle stated t ha
t the fi ed the could meet tHH
pro rty is expensive anr~ eir_ftin_anci~g problems.
*iiat 'nvens~ve deveyop-
~
t
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-
~ ment is the best wa
The Mayor recommends
Zoning Commission.
A special meeting wa
matter with the Pla to fi
t_ha
~
set ~
-I
ing e nance'this land, ____
I
_thi_s_!matter be taken back
for Mdnday, April 14 th, 1
-----+, ;
nd Zo~~ng Commission and tK
f
to the Planing aad
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5 to~ disc s this
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e Cit,~ Council.
I_~
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______ Jim Fairchild was pr
west of Linder on the sent
sou ;
to rep
~eid~ resent a proposal al
~or a- +--lane Bowle ng Chj
g AI'...{ erry L
ey aad~ ne 1/2 mile
S~-~ng
----L
~~ proposal in a request
_. - - _ to t
~_ ---~ he Co~i
--.. --~ nty Zoning for a cha
--- ~ : _~.~ __~:~.:_~ ge toj
----- Comme' cial.
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,.
~~', .4.21.30 Deed: A.P. Moore to Village of Meridian
~' s 330• 1200.00
3~'~+~6 City 4lnntest Roy Mood requesting to orm property
3.7.66 Letter from Roy Vood stating desire to oxn 8~ x 0'
4.4.66 City minutes motion made to publish for sale 8~ x 330
5.2.66 Resolution f~37 - providing for sale strip 8' x 330,
5.2.66 Notice of Intention
5.5.66, Publication of intention to sell
5.2.66 city minutes Resolution #37 read & approved
Invitation for sealed bids
6.6.66 Bids read: Roy Woods only bid, (City minutes)
6.x.66 Photo copy of seabed bid from Roy Wood 'for $25.00 8~x 330
Photo copy of receipt for $25.00
8.1.66 Warranty Deed to Roy C. Wood and bnma L. Wood for strip 8~ x 330f~
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`~ PROOF:. OF PUBLICATIa~I
!' I~iT .NTION TO' SELL
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p
owtvrtr..I~~~r;~rrltls: State o'f'I(lafio
CITY OH MERIDIAN, ADA ,
' CbUNTY, IUAl10
. NOTICE' 'IS HEREBY GIVEN: 't'hat ~•
('OURty Of Ada
pursuant to •; the ;provisions of Section
50.1008 Idaho Code, and, a Resolution oC
~ he `City Council of the City. of illeri-
diah; Ada` County, Idaho, adopted at a _ r'ih ti~'1 ~' e r!.1~ ~ E't'
I
~
regular. meeting thereof May 2nd, 1966,
_:--__ ____, bein first du1
g Y
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`:i in ,accordance with the provisions of
„said statute, the city council of the
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i
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sworn, depose and say, that I'am over twenty-one years of
-sa
d Cit,y
of Meridian hereby o('fcrs fm•
sale, upohi'tithe terms and conditions
hereinafter stated; and subject Lo ac- age, and Chief Clerk of MERIDIAN NEWS-TIMES; a weekly
~' ceptance .and approval by the said City
" Council, .all the right, title and inter- neWSpaper Of general C1rClllatlOR,
published ac Meridian,
est of the City of Meridian, Ada Coun[
v
,;
~ ,
,
Idaho, oF; in and : to that certain lot,
i
County of Ada, State of Idaho; and that the annexed notice
..
' ., ,_ P
ece or parcel of real property, not
uses as a public park, playground, or
public buildin
it ~~ - ~ '
was 'published in said paper once f:ach'week for
~
'~'
g s
e, nor needed for
municipal purposes by the said City of
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Meridian, -situate,, lying and being in
Ada Co
t
Id COriSeCUt1VC weeks, _the f1rSt ptlbllCatlOn being On the ___l;`:_
un
y,
aho, particularly describ-
~
f
e
a as follows, to.wit:
B y ____
da Of 11,2` _ _____-
_ _ __ 6
19
b
and
; the last publication
j eginning at the Northwest corner ~
,
_
_
s
of the SEA/4 of Section 12, Township.
3 North, Range 1 West, Boise Meridi_ ,~
g y
beln on the da Of y_ __--_.~ I
~ - 96.___~?
i an, in Ada County, 'Idaho; thence
South along the West line of said
sE~/4, s5z ,feet to a point, the real
l That said notice was published in hhe newspaper proper
p
ace of beginning; thence East par-
- allel to the North tine of Said sE~/a, and not in a supplement. That said newspaper had been con-
. „ 330 feet . £o a point' t i n(;~ SouthfS
1
~ '~ _
,:: ' ce ~ es , o feet
• to the West line of said SEA/
th
tinuously and uninterruptedly published in said county. for
~, ~ `~
~ ence
a;
'' ~ North- 8 feet to the real place of be-
i
ni
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a period of 7II consecu~tiwe weeks ;prior to the first' publication
~~'~- n
ng.
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TERMS AND CONDITIONS OF~SALE:
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h
Of th1S nOt1CC, and is a newspaper within the meaning of the
{ (1)
Al
bids must be in writing, scaled
{ and filed with the City Clerk of the Idaho statutes
{
'+
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City, of M~ridiam, on or before .June
~ ? 3Fd„,1986: ~~:(2) ~-Said ~ tract will be' sold ~
sep
` and all bids filed shall be
a
r .
„ ~
L~~
_ ~~~
~~~
_ '
~
~
~~~
~ _
3~de
fo
separate bids for
said tract __
x
t_ /1
CCfi"""
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- ~ ? ~ ccmnpanied
i
f
a
a
e - Glllef Clerk
j
4 y h
e
ull
momt
bid.
(4
) The City
Council resei•yes the right to reject an
' y
and
all bids. (5) This' N
tice is a No-
of Int
ti
t -
~iUbSCr1t)Ld an
d SWOrn t0 beforQ Ilje th S
__Z~
-
day
.
/ J o
en
on
o Sell or offer of
sale .
and not` a sale` of said real prop-
ert
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"
, i~
y
of
~~
,~ l
y
the
acce tance of any
t
---
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..
/J
r bid or' bids'
purchase of said
€
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%
/
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nent pf the amount bid
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,
a
deed o
, con
Seyance in. terms of this ,
,
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Notice: will be :;made executed .and de
. ' livered • to any;put chaser by .the proper -
_
_
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Notary Public in al.d for.Ida;ho
1 ~ offtGer~ of the?C~ty Council of the City
Me
ia N18T`
~t
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~
r
t pf
~an -
~y'.Order of.~the C,Ey;~Cauncil of the '
4 Cit
of
M
ri
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ltesidc,lce or Postaffice Address _ ,Idaho.
a.
t y
,
e
d
an, Ada
'County; Idaho,..
~ this 2nd day? 'of Ma•y;: 1966.
j HERALD J.,! COX
Clcrlc of 'the City of Merl-
~ di:,Y~ A,ta `County; ldahy.
:c a1l;ly 5, IS, 15Gt; '
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LAW OFFICE
KENNEDY, THOMAS, SASSER S~ HAMLIN
ATTORNEYS AT LAW
1414 WEST FRANKLIN STREET
' P. O. BOX 2561
BOISE, IDAHO 83701
FRED KENNEDY
9RUCE L. THOMAS
M. MICHAEL SASSER
~iOBERT O. HAMLIN
January 7, 1980
Mr. David Reeves
1701 Canna Drive
Meridian, Idaho 83642
Re: Gem Estates Subdivision
Dear Mr. Reeves.:
JAN ~ 1980
TELEPHONE 208.39®•3250
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 -`Ianrc~is 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,
~~ /~
A4. A7.ichael Sasser
MMS/ko
Enc.
;.,~,~
~ A~ c, 1984.
Ge Estates, Inc.
P. Box 386
I<1e idian, Idaho 83642
DEC 31 1979
December 28, 1979
N1r. M. Michael Sasser
1414 West Franklin Street
P.O. Box 2561
Boise, Idaho 83701
RE: Gem Estates Subdivision
Dear Mr. Sasser:
tiVe 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
Flighway 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 FIighway District for
permanent maintenance.
I All of the property in the subdivision was sold. as parcels
on a metes and bounds description and not on a lat. basis, with
the agreement th~:t tive would file a plat when required.
The parcel on which NIr. Reeves resides was included :i.n
the original zoning for four-plex apartments. We di_d not sell
tiie property to Mr. Reeves and do not know what was disclosed
at the time of hi_s purchase but have no reason to doubt That
information regarding zoning was withheld.
We have developed the project according to the specifica-
bons of the various agencies involved and believe that we are
legal in every respect and have not damaged anyone.
JWD:klt
Y s truly
m Estates, Inc.
Jack W. Dowdle
~ ~
•
~it,r Counc~_~
v~.t~' d:~' 1°lera,l~T1
i~:eri,~i«.i, I ~ =r~o
GeJ~t1eL~!en:
It 1S Itl~~ „_~ . ,^~ ~,-^i:r' lYl~~ t~ia.t I SC_"Al:~ Ll~~e o, 1 @pU~:. ~ ~ ~~O tsi@ 'vl t~~
(~i :%Ul a C 11.
l.i I L~Jlti~'1 t0 ~'~UrC~_.RB `cl SECt1Gi7 0! C~ ~,y~=COyJ"its .
Iv iS 1'BC i,P ;t2t'~, t''10 J' :`•~rF,, tiic ~ 1 ~: :E 1'r[Litt2'~ t0 ;J iII'Ct::: t' _ c',-i;U
0; C:.tJ' iJT'U_ '1't, r^z ~?Ji'U~~llCl~te ].fir 3R ~i; :.i 1~_'.2 2.i!(' ~/^ rE't;t 'v':~,
a,:a.)O1i2121~ ii;V -,'O~Ot~tj 0:: t':i8 SOU~~i, ~,t v:".E BYl~_ Oi ~u:~e ~ u u._..= -.^;'=c
~Iery tral-d- -. ours,
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None : g~Q-2.2.~ 5
i ~~ ,,s
Qctbbar ~, Ig74
City of Meridian
128 Meridlan Strebt
Meridian, Ida~a 89642
6entle~ens
ROb~rt H. Cbpp~le, Attorrney. has contacted about the Rqy Wood property
o~i first 8road~y Averwe.~ According to
in ~93p, 8g feet. by 33d ! t north of ~~l~ridian purchased fray Moore
~~a-riine of the now sxiating
6~y AYe~. '~-eridiae :.ib I~6 Deeded
aot~ of the cerf~erltne oid¢ n~v existi C• flood g feet ~y 330 feet
i<~eett is nor hovered b .. ~. Oadway Avenue. The 8 feet by
Meridian oamershtp on str~~ p~~s dat~~T~~ Jack#Dowedlna showed the
engineers showed th® lierid~an art~arshi i e. J_~_g-
Roy flood dated Augwst x974, p +'re~ctly on Tentative ptat for
The HigM~q~y District only resets that 30 felt be retained by Meridian
for the north half ;ot: Rroadwey l~vemue right,~f..way.
Sincerely goers,
cc: Robert H. Copp.le
Attorney at Lew
COUNTY: ~~AY DISTRICT
Elmer ~. Ski-e11]e. P.C.
District ~~~r
CENTRAL DISTRICT HEALTH DEPARTMENT
;~
MAIN OFFICE '- ~~ ''~~:~~ .
~.
1455 NO. ORCHARD Serving the ,~;~'`~} ~;~r
BOISE, IDAHO 83706 counties of .... :a
TELEPHONE
3'5-52" Report on Gem Estates Subdivision
<.
On May 6, 1980, Central District Health Department was contacted r ~;~
by the City of Meridian complaining about sewage on the ground in Gem Est t~,
Subdivision. Jack Dowdle is the developer of Gem Estates Subdivision.
That same day a joint investigation was made by Earl ward, City of Meridian
and myself from Central District Health Department and it was confirmed that sewage
was backing up and coming to the surface of the ground through adead-ended sewer
manhole.
Mr. Jack Dowdle, developer, was notified that same day via telephone by Tom
Turco, Superv%sor of Envirorntal Health, of the situation and was requested to
connect the dew.-end sewer line into the municipal sewer system. The manhole was
to be pumped out while the cocoa was being made to alleviate sewage from
surfacing on the gg+ound. A cer~i:fied letter was mailed to Mr. Doc~xile stating
that he had seven days to correct the situation on that same day.
The manhole was checked periodically during the following seven days. It was
determined that the level of sewage ranges from 1 to 2 inches below the manhole
to` 2 to 3 inches above the manhole depending on the time of day and usage of the
line.
Mr. Dowdle received the certified letter on May 9, 1980. On May 14, 1980,
I called Mr. Dowdle to inform him that sewage was still on the ground and to
reugest him to pump the manhole. He refused, claiming it was not his responsibility.
On the 7th day after receiving the letter, Mr. Dowdle had still done nothing.
By the time the second manhole back up the line had overflowed onto a neighboring
residential lot. At this time Meridian City~s legal counsel was contacted.
Nancy Go 11, E.H.S.
Sr. Envir ental Quality Specialist