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HomeMy WebLinkAboutCentrepoint Sub VAR AppDF �Y1G�IG�I i' €IDAHO � fri �`� 7'rirh5rriar V,vJ3'=' 3 T 390 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTmrNTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191/fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 / fax 884-1159 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN o 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: June 13, 2006 Transmittal Date: May 18, 2006 File No.: VAR 06-013 Hearing Date: June 20, 2006 Request: Public Hearing - Variance to UDC 11-3B-T2C to count 15 feet of existing right-of-way for Eagle Road towards the landscape buffer in the C -G zone for Centrepoint Subdivision By: Winston H. Moore Location of Property or Project: NWC of Ustick Road and Eagle Road David Zaremba (no FP) David Moe (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, CIC Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary ServiceS(No VAR, VAC, FP) Building Department/ Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP1PPon€y) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP) QWeSt (FPIPP only) Intermountain Gas (FPIPPon€y) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING- FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper r. r�rr fir. �t l,Wk �� AIM Planning Department COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Annexation and Zoning D Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment D Conditional Use Permit D Conditional Use Permit Modification D Final Plat D .Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat © Rezone D Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ v anon (Council) Variance Other STAFF USE ONLY: File number(s): Project name: Date filed: 51-O(a Date complete:`w��C Assigned Planner: C4 t;' DD Related files: -e �/Q P 0,1A Ve�v.6k,U Nearing date: �"��b� ❑ Commission Council Applicant Information Applicant name: :J,. �� 3 c# r ( q K '(,J. !e% Wts aK 4- Phone: 3 -z 3 Applicant address: 12 Ycl o r1-- 0 /kf-f f cilia -„e. Zip: & 3 9 V Z. Applicant's interest in property: Own ❑ Rent © Optioned ❑ Other Owner name: w I vt 5 f aac JT • M" a a 9 cp Phone: 23'- / ZLS Owner address: Yv y301 -I r to 1'* / C G Zip: 3 C YZ Agent name (e.g., architect, engineer, developer, representative): Finn name: Address: Phone: Zip: Primary contact is: -Applicant ❑ Owner ❑ Agent © Other Contact name: a --k j r ca. --k- S' �R C C. Phone: 3 2.3 ' / 9/S E-mail: Fax: --323-7Z23 Subject Property Information Location/street address: 0J. G a K �2 i2 a (' cA s �r cX ck. �E E, /C,,• Assessor's parcel number(s): So S 3 Z 5/Y 5OG 3-a S 32, y y 2 d 3 Township, range, section: SSP c 3 Z TyN R -T c7 Total acreage: YQ Current land use: __ "req, ryk 1 &aCurrent zoning district: C - ,[ 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: ww.v.meridiancit .ore 1 - f, Project/subdivision name: - K o as C' General description of proposed project/request: a. G cA- Proposed zoning district(s): C— G Acres of each zone proposed: Type of use proposed (check all that apply): ❑ Residential ❑ Commercial Cl Office ❑ Industrial ❑ Other Amenities provided with this development (if applicable): Who will own & maintain the pressurized irrigation system in this f� development? S c— Which irrigation district does this property lie within? ( <-- X S Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Proiect Nun of residential units: Number of co on and/or other lots: Proposed number of I Bedroom: Number of building lots: units (for multi -family developments only): 2 or more Bedrooms: Minimum square footage of structure{s . garage): Proposed building height; _ Minimum property size (s.f): Average property size (s.f.): Gross density (DUlacre-total land): density (DU/acre-excluding roads &alleys): _ Percentage of open space provided: Acreage o en space: Percentage of useable open space: (See Chapter 3, A ' Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes G, for qualified open space) Non -residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following Landscaping: Building: 'Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Q, Applicant signature: Date: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 « Website: www.meridiancity.org 2 W.H. MOORE C O M P A N Y Real Estate Development EI Dorado Business Campus 1940 S. Benito Way, Suite 160 Meridian, Idaho 83642 P.O. Bax 8204 Boise, Idaho 83707.2204 Date: May 1, 2006 To: C. Caleb Hood Planning & Zoning Department City of Meridian 200 Watertower Lane, Ste 202 Meridian, ID From: Jonathan R. Seel Subject: Variance Application for Centrepoint MarketPlace TELEPHONE (208) 323.1919/FAX 323.7523 Please accept our variance application to utilize a portion of the Idaho Transportation Department's (ITD) surplus right of way (described below) along Eagle Road to satisfy Meridian's 35 foot landscape buffer requirement. As background information, Winston Moore owns 60 acres at the northwest corner of Eagle and Ustick Roads. This project is referred to as CentrePoint MarketPlace. In the fall of2005, ITD granted Mr. Moore three access points off Eagle Road for CentrePoint (approved by Meridian through a variance application in October, 2005). In consideration for these access points, ITD required Mr. Moore to improve Eagle Road from the north boundary of CentrePoint to a point approximately 880 feet south of the Ustick intersection. The improvements are based on ITD's Eagle Road Corridor Plan and included dual lefts, deceleration lanes, curb and gutter. We estimate this will cost Mr. Moore $1.3 million to complete. What the work does not include is any additional through lanes for north and south bound traffic. Although ITD will not put it in writing, senior level personnel at ITD have stated that Eagle Road will remain a five lane section with two travel lanes in each direction. Improvements under the Corridor Plan will be comparable to what Mr. Moore has agreed to. As exhibit A shows, once we complete ITD's required improvements fronting Eagle Road, there is as much as 27 feet of remaining right of way, we refer to as surplus. Our request to the City is that Mr. Moore landscape this surplus right of way in exchange for reducing our 35 foot landscape buffer requirement to 20 feet from the CentrePoint property line. This request relates only to Eagle, and not Ustick Road. Exhibit B shows the proposed landscape plan for the 20 feet area in our project and the right of way portion remaining once we complete the Eagle Road improvements. C. Caleb Hood City of Meridian Variance Application for CentrePoint Marketplace Page 2 Required Findings: The variance shall not grant a right or special privilege that is not otherwise allowed in the district: We believe the City's desire is to provide an appealing 35 foot landscape buffer along main highways such as Eagle Road. As our Iandscape plan shows, we propose exceeding this requirement along the majority of Eagle Road through a combination of surplus right of way and private land. We recognize that the Council might ask for assurances that ITD will never expand Eagle Road, thereby reducing the landscape area. We can not provide that guarantee but would point out that ITD has committed substantial manpower and money to prepare the Eagle Road Corridor Plan. This plan calls for dual lefts at intersections, curb and gutter, deceleration lanes and center medians, which mirrors what Mr. Moore has agreed to complete. In other words, ITD's long term plans don't call for using this surplus right of way. In fairness, why would ITD ask Mr. Moore to spend $1.3 million of his own funds if there was any potential to deviate from ITD's improvement plans. The variance relieves an undue hardship because of characteristics of the site. As exhibit A shows, there is a substantial amount of surplus right of way. If the City does not grant the variance, Mr. Moore has two options. Landscape this surplus right of way to blend in with the planned CentrePoint landscaping or simply allow ITD to maintain it through weed cutting and roundup. Mr. Moore will have a sizable investment in CentrePoint and may feel it is necessary to landscape the right of way along Eagle Road in order to protect his investment. If he is faced with this option, combined with a 35 foot landscape buffer within CentrePoint, thousands more will be added to a $1.3 million expenditure he must incur. This certainly falls within the definition of hardship. The variance shall not be detrimental to the public health, safety, and welfare. We see nothing detrimental in granting this variance request. In fact, we believe it will be a benefit to the community in assuring that this surplus right will be attractively landscaped and maintained by Mr. Moore and not dependent upon ITD to maintain this area. Regarding administrative issues, we had several meetings with Meridian Planning & Zoning to review this project. On. April 6th we sent notices out to all land owners within 300 feet of the project, in accordance with the UDC. The list was provided by P&Z . The notice is attached. On Monday, April 17`x' we had a neighborhood meeting at Meridian City Hall. No one attended. � {) , , - ■ ■ , ƒ_. . EZZ ■ E � , , ! - ! | / \ � } � ! ,■ - ■ | ��2 ; / : � � ! ■ .■ . j | ' | ■ _ � | � , ■ }) .! ■ ƒ \ � ° ■ | � . ) )/ VICINITY MAP - CENTREPOINTE SUBDIVISION i I � � I n I I 1 I ©SAplE CREEK AVENUE PRO 0. ,➢} � 1 I I CD II - � I I; 3j I `n z I ° I { N N �I \Y I i ` C ('S1 I •i I - - Go.' 9 CCT 55 _ - I - -77- 1 11 � � I - -... NDWL- AGLE ROAiI w ° Center Pointe a m , y ; �t ► Variance Request €® a Meridian, Idaho !PF ff T ' ;" 00' u —� 1 any I, z cis biz 'Ria C"m ig m i;i `s pg z loll zyF O Z it m F 3 F -sp p a w m i k Cn 1, 1EU z t- F 3�.� aik Q HO �€�� �Ng Ctrl p r a r a N y RIP 7 E . / I E PgEp�€ Center Pointe Variance Request i€=� Meridian, Idaho w II Al L m 18C gf I Hearing Date: June 20 2006 115 Fife No.: VAR -06-0 Project Name: Centrepointe Landscape Variance Request: Variance to UDC 11 -3B -7C2 to count 15 feet of existing right-of-way for Eagle Road towards the landscape street buffer in the C -G zone, by Jonathan Seel Location: Northwest corner of Eagle Road and Ustick Road (Centrepointe Subdivision); Township 4 North, Range 1 East, Section 32 ME a MAY 16 2066 QTY OF MERIDIAN CITY CLERK OFFICF OA1.OA110 HAVARROER BOISE.10AHO 2001 MR 29 PH 4t 43 Rt-WDEiI-RED a 1.02-$704 8r6,AR- jT.LE WARRANTY DEED For Value Received ELISABETH W. AWES, a married woman as her sole and separate property the Grantor hereby grants, bargains, sells, conveys and warrants unto KINSTON A. MORE the Grantee whose current address is: P. 0. BOA 8204, BOISE, Iii 83707 the following described premises, to -wit - AS PER LEGAL DESCRIPTION ATTACHED HERETO ParCei Number: S0532417400 SUBJECT TO: Current General Taxes, a lien in the process of assessment, not yet due or payable. Easements, restrictions, reservations, provisions of record, and assessments, if any. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenaut to and with the said Grantee, that it is the owner in fee simple of said premises; that said premises are free from all encumbrances and that he will warrant and defend the same from all lawful claims whatsoever. Dated: March 23, 2001 ;V atv"— ELISABETH W. AWES State of G✓1441 . 14'� ss. County of Ott On this d� day of MARCH 2001 before me, the undersigned, a Notary Public, in and for said State, personally appeared ELISABETH W. AWES (mown to me, and/or identified to me on the basis of satisfactory evidence, to be the person(s) whose name islare subscribed to the within instrument and acknowledged to me that she executed the same. WITNESS MY HAND AND OFFICIAL SEAL. (SEAL) PLEASE SEE ATTACHED Notary Public Residing at: Commission Expires: title no. DDoMla Shari THe WAPJUWY DM (EndilWU31) Rn. D112001 QDWDS) ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Diego On 90", 2-9'�5 1 before me, Raymond R. Shafa, Notary Public (DAM. ^� (NOTARY) personally appeared 5%s4 ie7A t-�n ,�✓eS SIGNERIS) ❑ personaIly known to me - OR - ® proved to me on the basis of satisfactory evidence to be the person(Q whose name(j5) is/a•>re. subscribed to the within instrument and acknowledged to me that #/she/t4}r executed the same in hars9her/tZ tr authorized capacity(aM), and that by Iaitjher/their signatures(o) on the instrument the person(, or the entity upon behalf of which the person(') acted, executed the instrument. WITNESS my hand and official seal. NOTARY'S SIGNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT /INDIVIDUAL ❑ CORPORATE OFFICER ZiaDee TrrLE ORtYPE OF DOCUMENT TITLEM ❑ PARTNER(S) ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTMY(IES! NUMBER OF PAGES 3 - a 3--ol DATE OF DOCUMENT /V A- . OTHER m RIGHTTHUMBPRINT �- OF E SIGNER J "•" F APA 5199 VALLEY -SIERRA, 800.352•3369 LEGAL DESCMPTI'ON Order Nwnber: o o o o9418 A PORTION OF SECTXQN 32, TOWNSHXP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER CORNER COMMON TO SECTION 32, T4N, RIH, BM, AND SECTION 5, 73N RIE, BM; THENCE NORTH 2,653.50 FEET TO THE CENTER OF SAID SECTION 32; THENCE SOUTH 890421000 WEST 90.90 FEET ALONG THE EAST -WEST CENTERLINE OF SAID SECTION 32 TO AN IRON PIN; THENCE SOUTH 13006'00" EAST 109.00 FEET TO A POINT; THENCE SOUTH 29046'000 EAST 43.30 FEET TO A POINT; THENCE SOUTH 53013100" EAST 164.80 FEET TO A POINT; THENCE SOUTH 65027100" EAST 111.00 FEET TO A POINT; THMMS SOUTH 66009100" EAST 283.70 FEET TO A POINT; THENCE SOUTH 78021100" EAST 160.90 FEET TO A POINT; THENCE SOUTH 70°47'00" EAST 121.50 FEET TO A POINT; THENCE SOUTH 63004'00" EAST 177.50 FEET TO A POINT; THENCE SOUTH 48011,009 EAST 154.02 FEET TO A POINT; THENCE NORTH 89 42'00" EAST 1,348.57 FEET TO A POINT; THENCE SOUTH 00001'00n EAST 225.00 FEET TO A POINT; THENCE L7T -7.4.U. YU 10 i'EL1 1f 1u PVd1Y1 ON d!YL' i_:.0 I.Y:L`L`Kd7.L1YL'' lJx' EAGLE ROAD, SAID POINT BEING THE REAL POINT OF BEGINNING; THENCE SOUTH 89'42'00" WEST 315.40 FEET TO A POINT; THENCE NORTH 00'01'00" WEST 225.00'FEET TO A POINT; THENCE SOUTH 89*42'00" WEST 1,348.57 FEET TO A POINT; THENCE SOUTH 48011'00n EAST 44.58 FEET TO A POINT; THENCE SOUTH 32011'00" EAST 201.40 FEET TO A POINT; THENCE SOUTH 4.5024'00" EAST 99.30 FEET TO A POINT; THENCE SOUTH 27006'00" EAST 31.80 FEET TO A POINT; THENCE NORTH 89°54'00" EAST 237.20 FEET TO A POINT; THENCE SOUTH 63006'00" EAST 241.00 FEET TO A POINT; THENCE SOUTH 3806'00" EAST 193.50 FEET TO A POINT; THENCE; SOUTH 73024'00" EAST 243.40 FEET TO A POINT; THENCE SOUTH 84008'00" EAST 399.60 FEET TO A POINT; THENCE SOUTH 64037'00" EAST 240.40 FEET TO A POINT; THENCE NORTH 89°42'00" EAST 25.00 FEET TO A POINT ON THE CENTERLINE OF EAGLE ROAD; THENCE IN A NORTHERLY DIRECTION ALONG SAID CENTERLINE TO THE REAL POINT OF BEGINNING. order No. 00008714 This form furnished by Stewart Title of Boise, Inc. ADA COUNTY RECORDER J. DAVID HAVARRO AMOUNT 6.00 2 801SE IDAHO 10121104 04:19 PMDEPUTY Bonnie RECORDED—REQUEST OFC Stewart Title Company - 1041 34508 WARRANTY DEED For Value Received JOANN CRAWFORD and aTACK CRAWFORD, wife and husband .and 'TACK R. J'OSLIN and DENISE L. iTOSLIN, husband and wife the Grantor hereby grants, bargains, sells, conveys and warrants unto WINSTON H. MOORE the Grantee whose current address is: P. O. BOX 6204 BOISE, ID 83707-2204 the following described premises, to -wit: AS PER LEGAL DESCRIPTION ATTACKED iiERETO TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, their heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that said premises are free from all incumbrances and that he will warrant and defend the same from all lawful claims whatsoever. Dated: October 30, 2000 01T ACK R. SL DENISE L. JOSLIN OL41C OI 11J ss. County of ADA !1_ .t__- 'f n LEGAL DESCRIPTION Order Number: 00008714 A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSEIP 4 NORTH, RANGE 5 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A BRASS CAP MW=lVG THE SOUTHEAST CORNER OF SAID SECTION 32; THENCE ALONG THE EAST BOUNDARY OF SAID SECTION 32 NORTH 00" 30' 22" EAST 446.00 FEET, FORMERLY NORTH 000 22' 00" WEST 445.40 FEET, TO A POINT; THENCE LEAVING SAID EAST BOUNDARY NORTH 89° 33' 24" WEST, FORMERLY SOUTH 89° 38' 00" WEST 32.01 FEET TO AN IRON PIN ON THE WEST RIGHT-OF-WAY LINE OF NORTH EAGLE ROAD, SAID POINT MARKING THE POINT OF BEGINNING; THENCE CONTINUING NORTH 890 33' 24" WEST 655.21 FEET, FORMERLY SOUTH 89° .38' 00" WEST, TO AN IRON PIN; THENCE NORTH 55" 27' 55" WEST 179.96 FEET, FORMERLY NORTH 560 17' 00" WEST 18.0.0 FEET TO AN .IRON PIN; TMOTCE NORTH 78° 40' 30" WEST 258.02 FEET, FORMERLY NORTH 790 57' 00" WEST 26.1.0 FEET, TO AN IRON PIN; THENCE NORTH 72° 40' 30" WEST 249..52 FEET, FORMERLY NORTH 73° 57' 00" WEST 252.0 FEET, TO AN IRON PIN ON THE WEST BOUNDARY OF THE EAST 1/2 OF SAID SOUTHEAST 1/4 OF SECTION 32; THENCE ALONG SAID WEST BOUNDARY NORTH 00" 30' 05" EAST 653.97 FEET, FORMERLY NORTH 000 22' 00" WEST 656.80 FEET, TO THE NORTHWEST CORNER OF THE SOUTHEAST 5/4 OF SAID SOUTHEAST 1/4 OF •SECTION 32; THENCE CONTINUING NORTH 000 30' 05" EAST .159.20 FEET TO AN .IRON PIN; THENCE LEAVING SAID WEST BOUNDARY NORTH 28° 02' 00" WEST 238.39 FEET, FORMERLY NORTH 27° 06' 00" WEST 236.0 FEET, TO AN IRON PIN; THENCE NORTH 89° 55' 29" EAST 237.05 FEET, FORMERLY NORTH 89" 54' 00" EAST 237.2 FEET, TO AN IRON PIN ON THE NORTH BANK OF A CERTAIN DITCH; THENCE ALONG SAID NORTH BANK SOUTH 630 06' 38" EAST 240.41 FEET, FORMERLY SOUTH 630 06' 00" EAST 245.0 FEET, TO AN IRON PIN; THENCE CONTINUING SOUTH 380 02' 51" EAST 193.20 FEET, FORMERLY SOUTH 38" 06' 00" EAST 193.5 FEET, TO AN .IRON PIN; THENCE CONTINCIING SOUTH 730 21, 54" EAST 243.49 FEET, FORMERLY SOUTH 73° 24' 00" EAST 243.4 FEET, TO AN .IRON PIN; THENCE CONTINUING SOUTH 820 27' 42" EAST 400.03 FEET, FORMERLY SOUTH 84° 08' 00" EAST 399.6 FEET, TO AN .IRON PIN; THENCE CONTINUING SOUTH 62° 281.13" EAST 239.65 FEET, FORMERLY SOUTH 640 37' 00" EAST 240.4 FEET, TO AN IRON PIN ON SAID WEST RIGHT-OF-WAY LINE OF NORTH EAGLE ROAD; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE 25.00 FEET WEST OF AND PARALLEL TO SAID EAST BOUNDARY OF SECTION 32 SOUTH 000 30' 22" WEST 462.67 FEET TO A BRASS CAP; THENCE LEAVING SAID PARALLEL LINE AND CONTINUING SOUTH 010 50' 52" WEST 299.50 FEET TO THE POINT OF BEGINNING. CY yt -35dv/rte 1 ADICMTY REICORDER } DAVIO NAVppRRO " Rrlmr, IDAN0 1999 MR --3 PH 4: 17 Order No. 98003980 This form furnished by Stewart Title of Idaho, Inc. WARRANTY DEED For Value Received TULLIS FAMILY TRUST. AN IDAHO TRUST RECORDED - RENE`. � MWART TI`S FEE °o DEPUTY 99021196 - the Grantor hereby grants, bargains, sells, conveys and warrants unto WINSTON H. MOORS the Grantee whose current address is: P.o. BOX 8204 BOISE, ID 83707 the following described premises, to -wit: AS PER LEGAL DESCRIPTION ATTACHED HERETO TO HAVE AND TO BOLD the said premises, with their appurtenances unto the said Grantee, their heirs And assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that it is the owner in fee simple of said premises; that said premises are free from all incumbrances and that he will warrant and defend the same from all lawful claims whatsoever. Dated: TVLLIS FAMILY TRUST, AN IDAHO TRUST /! 15 /, _' Slate of IDAHO S5. County of A^ /10D�A On this J day of More me, the undersigned, a Notary Public, in and for said State, personally appeared DIANNE .PIERCE AND ELIZABETH TULLIS known to me, and/or identified to me on the basis of satisfactory evidence, to be the Trustee's of TULLIS FAMILY TRUST, AN IDAHO TRUST the Trust that executed the within instrument and acknowledged to me that they executed the same on behalf of said Trust. WITNESS M10 Y ANDA D O FICIAL SEAL. (SEAS} is f t i a,2 totl N ablic esry x, Commission Expires: December 09, 2000 ........... LEGAL DESCRIPTION OrderNumber: 980o398o A TRACT OF LAND SITUATED IN A PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 4 NORTH, RANGE 2 EAST, BOISE -MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COM MUCING AT A FOUND STEEL PIN MONUMEI TING THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 32, SAID PIN BEING ON THE CENTERLINE OF USTICK ROAD, THENCE EASTERLY ALONG SAID CENTERLINE AND THE SOUTHERLY LINE OF SAID SECTION 32 SOUTH 89'44'36" MAST A DISTANCE OF 2656.46 FEET TO A FOUND BRASS CAP MONUMENTING.THS SOUTZMAST CORNER OF SAID SECTION 32, THENCE WESTERLY ALONG SAID SECTION LIRE NORTH 89044136" WEST A DISTANCE OF 1195.23 FEET (FORMERLY SOUTH 89 045' 00" WEST A DISTANCE OF 1175.50 FEET) TO A POINT, THENCE LEAVING SAID SECTION LINE NORTH 00°30105" EAST A DISTANCE OF 25.00 FEET TO A SET STEEL PIN ON THE NORTR,ERLY RIGHT-OF-WAY OF SAID USTICK ROAD, SAID PIN BEING THE POINT OF BEGINNING. THENCE ALONG SAID RIGHT-OF-WAY SOUTH 89044'3611 EAST A DISTANCE OF 895.10 FEET TO A FOUND HIGHWAY M0NUM3=; THENCE NORTH 85°49'00" EAST A DISTANCE OF 249.65 FEET TO A FOUND HrGHWAY MOMM[ENT; THENCE NORTH 43°2814811 EAST A DISTANCE OF 14.88 FEET TO A FOUND HIGHWAY MONUMENT ON THE WESTERLY RIGHT-OF-WAY OF EAGLE ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY PARALLEL TO AND 70 FEET WEST OF THE CENTERLINE OF SAID EAGLE ROAD NORTH 02050'52" EAST A DISTANCE OF 390.49 FEET TO A SET STEEL PIN; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY NORTH 89'30'28" WEST•A DISTANCE OF 655.22 FEET (FORMERLY SOUTH 89038'00" WEST A DISTANCE OF 687.70 FEET) TO, A FOUR D STEEL PIN; THENCE NORTH 55°27'55" WEST A .DISTANCE OF 179.96 FEET (FORMERLY 180.00 FEET) TO A FOUND STEEL PIN; THENCE NORTH 78°40130" WEST A DISTANCE OF 258.02 FEET (FORMERLY NORTH 7957100" WEST :A DISTANCE OF 261.00 FEET) TO A SET STEEL PIN; THENCE NORTH 72040130" WEST A DISTANCE OF 249.22 FEET (FORldERLY NORTH 7357'00" WEST A DISTANCE OF 252.00 FEET) TO A SET STEEL PIN ON THE WESTERLY LINE OF SAID SOUTHEAST 1/4 OF TEE SOUTHEAST 1/4 OF SECTION 32; THENCE SOUTHERLY ALONG SAID WESTERLY LINE SOUTH 00030`05" WEST (FORMERLY SOUTH 00022100" WEST) A DISTANCE OF 280.97 FEET TO A SET STEEL PIN; THENCE LEAVING SAID WESTERLY LINE SOUTH 89 ° 44' 3 6" EAST (FORMERLY NORTH S9045100" EAST) A DISTANCE OF 133.00 FEE'S' TO A SET STEEL PI,N; Continued on next page Continuation of Schedule A - Legal Description Order Number: 98003980 THENCE SOUTH 00030`05" WEST (FORML22LY SOUTH 00000'00" WEST) A D.ZSTAN'CE OF 466.2$ FEET TO THE POINT OF BEGINNING. AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO } COUNTY OF ADA } J'a', (it toa Kc' y Ym Y� u" r-ia G {namAe} (address) �/L( cp14 t`Gr 1 C (city) (state) 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: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. 1 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. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this 134 day of llko. X 20 C5 { S i gn atu Z SUBSCRIBED AND SWORN to before me the day and year first above written. `\``\\`11111111 k111JJ11111/ �%1'E L. G%p =* 130TARy = (Notary Public for Idaho) ` Residing at: PUBLIC ' q'`\\����`�� My Commission Expires:OF 11111111111411111 PRE APPLICATION MEETING NOTES Applicant(s): Staff Proposed Development: LOl U1 0k0\ a _6 Location: ) �— Required Applications:. Existing Zoning: C - Proposed Zoning: 'Comprehensive Plan Designation: For Plats Property Size: Sewer: 'Water: ,Pressurized Irrigation: .Street Buffers: Open Space & Micropaths: Landscape Plan: Lot Size & Frontage: Topography: Hydrology: Street System: 'Pathway System: Other Applications ❑ Annexation ❑ Rezone '❑ Conditional Use Permit Variance ❑ Lot Line Adjustment DATE: cj" 5 _ 0 Number of Units: Dwelling Type: ❑ CornprehensivePlan Amendment • Application ChecIdist Review Other Agencies to Contact: MW t Additional Pre -application Conference: Not xeconuncnded Recommended . Required. Anticipated Submission Date: Anticipated Planning & Zoning Date: Additional Notes: 1 b wAn jciAss 2?f3 ''jou The anformatiantrovided during this meeting is based sr�5an the current City of�lerirlian Zoning Q; U W 3 �� 0'� "Subdivision Ordinance and afiplicable Comprehensive Plan and is valid for 3 months. Any subsequent changes lo the Zoning orSubrizuision Or',W;* 'ince or Co?rrPrehensive Plan racy �ciyour'ap�licahon. r r3 r 5 ti COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. signature Date W.H. MOORE G D M P A N Y Real Estate Development EI Dorado Business Campus 1940 S. Bonito Way, Suite 160 Meridian, Idaho 83642 P.O. Box 8204 Boise, Idaho 83707.2204 Date: April 6, 2006 To: Property Owners From.: Jonathan R. Seel Subject: Public Hearing TELEPHONE (208) 323-19191 FAX 323-7523 We would like to invite you to a public hearing to review a variance application to modify landscaping requirements along Eagle Road. A site plan is attached illustrating the location of the land. The meeting will be held at Meridian City Hall (33 E. Idaho Ave), on Monday, April 17th at 6 pm. If you are unable to attend, please call me with any questions. a U ; O a " z Px OR i �n fl LCL z U O M W U v 2 U J fl is Gl O U- O z lk a 3 LLI U U Z DG m O D n CV _ o Cif U n � z 00 io Ch m LU a Q ' CL _