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Home My WebLink AboutEmail by Ron Sargent w/AttachmentMessage Machelle Hill From: Bill Parsons Sent: Monday, August 18, 2008 7:49 AM To: Machelle Hill Subject: FW: Trade Plaza Staff Report Attachments: SETTLEMENT AGREEMENT This.tif For th Trade Plaza file. Thanks, Bill Parsons Associate City Planner Meridian Planning Department 660 East Watertower Lane Suite 202 Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 parsonsb@meridiancity.org From: Ron Sargent [mailto:rsargent@cableone.net] Sent: Friday, August 15, 2008 3:52 PM To: Bill Parsons Cc: 'Arthur Berry & Company'; 'Rob Perez'; achristy@tveinc.com; 'Lance Wamick' Subject: Trade Plaza Staff Report Bill Page 1 of 2 [ ~ ~p+ !~ ~ ~' a~ ~ry y `F ~.~ ~ `"~ `~,~~~ ~~ ~~ AU~ 1 €~ 2pp~ .e, ~ ~_- , ~~ i~ i l~ i° f"J'i ~ ~'~ 1~ I/-~ I''~;' ~JI i'~' ~.t_~r~~s~ ~ ,~-1_e; `~_ We have a number of major issues with the Trade Plaza Staff Report dated August 21, 2008; Regarding Exhibit B Conditions of Approval; 1.1:1 The bullet points are not number, however Regarding the fourth item "Driveways shall be from Corporate Drive .................." Attached please find a copy of the Settlement Agreement resulting from a lawsuit in the Fourth District Court of the State of Idaho in which among other things ACHD granted a Meridian Road curb cut for the subject property. In paragraph D. #2 the specifics of the curb cut are spelled out. Since the Settlement agreement the exact location of the curb cut has been agreed to with ACHD, This location is shown on the Preliminary Plat. This condition is unacceptable by the applicant and access to Meridian Road has been granted by the Fourth District Court. Regarding the fifth item "Extend Corporate Drive the entire length ................" The costs of this condition is in excess of $200,000.00 and is unacceptable to #he Applicant. This application is a request for a subdivision for two phases. The second phase to be constructed in the future. It is my understanding the that subdivisions can be requested to be phased. The purpose is to spread the cost out over a longer period of time. We propose to complete phase two after phase one is absorbed and market conditions favor more commercial use in this area. The condition to build almost a quarter mile of public street with 8/18/2008 Message Page 2 of 2 sidewalks, cubs, gutters, seepage beds, sewer, water, power, phone, cable and gas is not economically feasible. Until phase two is completed a temporary turn around has been designed to code. Item #7 There is no staff report from ACHD. In calls today to ACHD the District said the reason there is no staff report is that the District has not received any plans from the City of Meridian. They had received the a copy of the application on July 17. Perhaps the staff report would clarify the curb cut onto Meridian Road. page 6 -10. Analysis Elevations - As we discussed at the Ciry of Meridian Pre-application Meeting we do not have any elevations. This is a request for a subdivision only. On Lot 4 Block 1 a Credit Unit is proposed and elevations will be submitted to the Planning and Zoning Commission for a Conditionai Use and to Design Review. As buildings are prepared for the other lots the elevations will be submitted to Design Review. Ron Sargent Manager Land Investors 8/18/2008 yo9o7 ~ • ~ ~• SETTLE1ViENT AGREEMENT T}us Settlement Agreement is made and entered into this 9~x day of J~ , a000, between tlte ADA COIJNTY HIGHWAY DYSTRICT, a body politic and corpor~te' of the State of Idaho ("ACHD"), and ARTHUR J. BERRY, a married man ("Berry"), and DOUGLAS W. TAMURA, an unmamed man ("Tamura"). WITNESSETH: 1. On February 19, 1998, ACHD comraenced a lawsuit against Berry and Tamura in the Fourth District Court of the State of Idaho, in aad for the County of Ada, Case No. CV OC 9800950D, by which ACHD sought to take and condemn certain real praperty owned by Berry and Tamvra for public right-of-way, permanent easement, and temporary construction easements, said property being located on Meridian Road in the City of Meridian, Ada County, Idaho. ACHD aeeds the nddivional public right-of-way, permanent easement, and temporary construction easements for a public purpose; namely, the widening, reconstruction, and improvement of Meridian Road, Franklin Road to Eas# First Street in the City of Meridian, Ada County. Idaho (ACHD Project No. 52092.0). 2. The parties wish to settle sll of their differences and disputes of any kind or nature regazding ACHD's talcing of a portion of Berry and Tamura's real property for public right-of-way, permaaent easemeni, and temporary constructioa easements in the above-referenced lawsu~t. NOW, THEREFORE, the parties agree as follows: A. p,piCH~l°~shr~ll, pax B'~iry~ar~d ~'~m ~=tlie:snm~tbxal a~~R7'~~6L:RQ'~ fch ,.~~...: :a 3 ;*~,._..;,,:,..,'.:.-,,'~-: ~ d~s,:•-•,~'[-~-_ ,:. i. 3::'yl-.b~ ~~~r~~+~pts'a-~ill:~od:corir-pfete"se~tlementfor tlfe tal~~'ti~:of`A~njc'aiid'~~~r~['.s.;~rq~peFty for:~pt~bli6~riglit=ofiwayt~p~.~ian~nt e~sement; tempqra~y. co~truc~ion~,easea~g~tss ~eveiari~e. d~,mage9, aad• any=a~td, al.l other~damege~, improvea~ents.-tat~~n; a~ttQrn~ji.:fees, :~;h~;~o'sis'suffefed°o~ in~urred•iiy Berry and:Tamura;~~arid~$ny end•:a~I~-~t}ieficlaiFts by Ber.Fy:~}d ~'~mur.~a of,~an~ -~~,,. ,;~~.o,~. ,,~y.t ,_.~Q,~,r's,iQ~ fro ~, pr relating to th~_ abov~=referenced lawsui~ oir thb fak'v`ng iiy'ACHD of~a gortion~of Berty a~id Tanq a's~~.,o~,e., lfqr ublic z - ~ .. _ ~; . _ . . _ .. ~._~ . -:..R ,~• ~4 ~.. P rig~iY-of.:yst~y;'pef'rai~eait'easedieaf;`a~ia temparary eoii'stiu~tioa easem~ats. The $307,565.00 consists of a payment of $237,642.00 by ACHD plus the sum of $69,924.00 previously tendered by ACHD to th~ Court, wbich shall be released ta Berry aad Tamura to complete thc settlement terms. B. Closing of the settlement in this matter shall take place at American Land Title Company at 8050 W. Rifleman Street in Boise, Idaho. C. At the time of closing, Berry and Tamura agree to provide a Wananty Deeds to ACHD for the real property t~ken by ACHD, which property is more particulerly described as follows: SETTLEMENT AGR~EMENT -1 . ~ [See Exhibits A thxough D~ttached hereto and incorporated herein by this referenceJ. D, As additional mutual consideration for the settl~ment af ihis matter, the parties further agree as follows: . 1. ~~ti#tiire~Iinpro'vedSent of West'Corporate Dr e in Mer~dian. Id~Yio~ I~~irall~lid~the ~~rry ~rid:Temara Property: A~y. ~dditional~ rea~ property.: r~qu9ired` for. the construction. o~ this . ~~:. pbrtioit ~f:Vf~'~st Coirpdrate~Drive par~lleling the Berry and ~Tamvra prQ~~rty~ shall;; be-COinvg.yed by: ~~rriy'~.~nd'~Tsr'itUra~ qr th~ir succ~ssors or.~ASsign~. As agreed by the parties, if Berry and Tamura, or their successors or assigns, ever wish to pave and improve West Corporate Drive in Meridian, Idaho, fronting their real property at issue in this lawsuit, ii~:~~iditiois; tdp~oviding;additiona~ rea! p~roperty agreed fo a~~d"e~ccil~d•above, Berry and 'I'amur$ shall be responsible for the construction of on~-half of a 41- oo# wide urban street section, plus 12-feet of pavement on t sa~i sid6 of centerline, consideration fur surface run-off, an curb, gutter and S- foot sidewalk on the north side of the street. In addition, property ,•owners in the area will be responsible for the cost of construction of 9.5 feet of pavement, additional drainage facilities, cwb, gutter and 5-foot sidewalk on the south side of the street. r- 2. Curb Cut o~ Meridian Road: As agreed by the parties, ACHD shal] altow Berry and Tamura to ~ construot a. #i~ll access curb cut on the frontage of their property on Meridian Road, with the conditIon that the curb cut shall be located at the southemmost edge of the. frontage of their property on Meridian Road, The curb cut shatl be canstructed at the sole and exclusive expense of Berry and Tamura, and sha!! meet all ACHD design and construction requirements. E. The parties agree to enter into a stipulation for dismissal of the above- referenced lawsuit. F. The parties agree that~they have herein set out the wt~ole of their agreement, thc performance of which constitutes the entire consideration for the condemnation and taking of the aforemeniioned real property for public right-of-way, permanent easement, severance damage, and ~ temporary construction easements by ACHD, aad shall relieve ACHD vf all further claims or obligations on tha# account or on account of the widening, recansiruction, and improvement of Meridian Road, Franklin Road to East First Street in the City of Meridian~ Ada County, Idaho (ACHD Project No. 52092.0), and any and all ctaims raised in or which could have been raised in Case No. CV OC 980U950D. SETTLEMENT AGREEMENT -- 2 , ~ • G. This agreement is intended to be a full and complete settlement and a release of all claims that each a€the parties has against the other concerning the above- referenced road improvement project and lawsuit. H. This agreement supersedes and replaces any and atl prior agreements or undersiandings between the parties, including, but not limited to, all prior agreements or understandings relating to the obligations of Berry and Tamura with respect to paving and improving West Corporate Drive. I. This agreement shall be binding upon the afficers, directors, partners, ageats, employees, servents, representatives, trusts, trustees, beneficiaries, spouses, heirs, assigns, and any and a!I snccessors-in-interest of each party. J. The garties anderstand and agree that all promises, representations, and coveaants made herein shall survive and remain fully operative after all consideration to be paid or received under this Settlement Agreement has been paid or received and after all documents necessary to finally settle this matter and dismiss the Iawsuit have been fully and duly signed and executed. K. This agreement shall be recorded in Ada County, Idaho. Deted as of the year and day first above written. ADA By ~ Title ARTH . . i ~~ ~ , ~ ~~cl~~ DO LA W. TAMURA SETTLEMENT AGREEMENT - 3 • '~ STATE OF IDAHO ) ) ss: County of Ada ) ~ On this 1~~day of , in the year 2000, before me, a notary public, ersonally appeared ,~~ , the ,~! of the Ada County Highw District, Icnown or identified to me to be e person who exccuted the above instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereu~nto set my hand and affixed my off:cial seal the d~}t•~~~~n this certificate first above Written. ~0`~41~'~~ ~ ~D~l+P~~~ ~ ~o~r~~t~ ~ ~... * ~'UH1.tG * . •,~~''' 1qT8 OP l~P.~o~,: STATE OF IDAHO ) ) ss: County of Ada ) Notary Pub ic for California Residing at ~ ,A,, ~ My Commission Expires On this _~ day of .7u~ , in the year 2000, before me, a notary public, personally appeared ARTHUR J. BERRY, known or identified to me to be the person who executed the above instrument, and acknowledged to me that he executed the same. ~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offcial seal the day and year in this certificate first above Written. f~ ~ ~.~•'"'~~~~""'• Not y Public f r ldaho .+' 1 ~'• rNo ~'o.. ~~.• p~~.M••• ~,~ •~~ ~ esiding at BOZSF. D Ha ~•' ~.t ~o.~,~~~ '~' '~ My Commission Expires l0/22/2004 g * -•~ * ~ ~°~BLt~ ~~~~ op t9~'~o SETTLEMENT AGREEMENT - 4 ~ • STATE OF IDAHO } ) ss: County of Ada ) On this 9Tx day of .ttrntE , in the year 2000, before me, a notary public, personally appeared DOUGLAS W. TAMURA, known or identified to rne to be ihe person who executed the above insirument, and acknowledged to me that he executed #he same. IN WITNESS WHEREOF, I have hereunto set my hand and affxed my official seal the day and year in this certificate first ebpve Written. ~~..• ~~ g O M , ~ S,~' ~ -., ~~. y. ~, Not y Public for ldaho : o'~~ f,S~RY *~ esidirig 8t BOISE, IDAHO ~ : a~~,~~~~ My Cammission Expires 10/22/2Q04 : y~~' ,~ ~ s, * ~~~ ,~~ •y ti '~• sr~ T~e ~~.~~ 2660922_2.DOC SETTLEMENT AGREEMENT - 5 ! ~ Project No. 52202.0 Ada Couniy Highway Disirict Corporate Drive - West from Meridian Road • Parcel6 ~ Take Description A parcel located in the SE % of the NE'/, of Section 13, Township 3 North. Range 1 West, Boise Meridian, Ada Caunty, Idalio, more particularly described as follows; Commencing at a brass cap marking the southeasterly comer of said SE %, of the NE '/e (one- qnarter corner); thence N 0°48'S5" E eJong the easterly boundary of seid Section I3 a disiance of 69$ ~0 feet to s point; , thence leaving said easterly boundary S 89°59'42" W a distunce of 25.00 feet to the POINT OF BEGINNING; thence continoing S 89°59'42" W a distance of 238.80 feet to a point; thence N 0°48'SS" E a distance of I2.OU feet to n point; thence N 89°~9'42" E a distance of 203.69 feet to a point; thence N d°48'S>" E a distance of 13.0U feet to a point; thence N 89°59'42" E a distance of 35.11 feet to a poinr thence S 0°48'S5" W a distance of ~5.00 feet to the PO[NT OP BEGIIVNtNG. This parcel contains 3,322 squaze feet (0.076 acres). Prepared by: Glenn K. Beru~ett, PLS Civi! Survey Consultants, Incorporated Revised: June 7, 2000 3~ £ ~g~ v ~ ~~ ~ ~ ~ ~ H 5Q~2 0 G> F~ ~'7~ap Q +~ ~F,y ~o~,~~~~ ~ ~. BE~ a G 1~6a~ EXHIBIT ~ ~ . . ~ ~ ~ ~ Project No. 52092.0 Ada County High~vay District Meridian Road - Waltman Lane to North of Franklin• Road • Parcel 6a • Take Description . A parcet located in the SE I!4 of the NE 1/4 of Section 13, Township 3 North, Range I West, _ Boise Meridia~t, Ada County, Idaho, more particutarly described as follows: Commencing at a brass cap marking the s~utheasterly comer of said SE '/. of the NE'/.; thence N U°48'SS" E atong the easterly boundary of said SE % of the NE '/. a distence of 999.90 feet to a point; thence teaving said easterly boundary N 89°41'36" W a distance uf 25:00 feet to the POINT OF BEGINNING; thence coniinuing N 89°4I'36" W a distance of S.OU feet to a point; thence S 0°48'S5" W a distance of z24.75 feet to a point; thence S 45°24'22" W a distance of 42.88 feet to a point; thence S 0°48'S5" W a distance of 22.0t feet to a point; thence N 89°59'42" B a distance of 35.11 fect to a point; thence N 0°48'S5" E a distance of 276.84 feet to the POINT OF BEGTnRd1NG. This parcel cantains 2,500 square feet (0.057 acres) and is snbject to any easements existing or in use Prepazed by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorparated Revised: Apri16, 2000 :~~RFp ~ `~2 0 ~! ~~,~/Slo o~ ,~~ ~~,y o~ ~ \~' K. aE~~ , lni~ wa~ EXHlBIT ~ ~ ~ Project No. 52202.0 Ada County Highway District . CorTaorate Drive - West from Meridian Road • Parcel6b • Take Descriptiun A parcel loca~cd in the SE '/a af the NE '/• of Section 13, To~vnship 3 North, Range ! West, Boise Meridian, Ada County, Idaho, more perticularIy described as foltows: Commencissg at a brass cap markin~ the southeasterly comer of said SE % of the NE (one-qvarter corner); thence N 0°48'S5" E along the easterly boundary of said Section l3 a distance af 698.20 feet to a poini; thence leaving said easterly tsoundary S 89°59'42" W a distance of 263.80 feet to the POINT OF BEGINNING; thence continuing S 89°59'42" W a disiance of 105935 feet to a point on the westerly boundary of said SE % of the NE 114; thence N 0°39'S9" E alon~ said westerly boundary a distance of 12.Q0 feet to a point; thence leaving said westerly boundary N 89°59'42" E a distance of 1059.38 feet to a point; thence S 0°48'S5" W a distance of 12.00 feet to the POINT OF BEGINNING. This parcel cantains 12,711 sqnare feet (0.292 acres). Prepared by: Gleru~ K. Bennett, PLS Civi) Survey Consultants, Incorporated -August 25, 1999 is~a~ ;~ERF ~- 5062 0 ~' >~,~OIS/o~ ti ~~, F o F ~o ~~,~ \ X. BEN~ tr-~ds~ D(HIB1T ~ `~ ~ :~ , . ~ ~ ~ 4• Project No. 52202.0 Ada County Highway District Corporate Drive - West from Meridian Road + Parcel6c ~ Remainder Parcei Description A patcet Eocated in the SE % of the NE '/a of Section 13, Township 3 North. Rmtge t W~st. Boise Meadian, Ada Counry, Idafio, mare panicularly described as follows: Commencing at a brass cap marking the southeasterly comer of said SE '/ of ttze NE '/, (one- qvarter corner); thence N 0°48'S5" E along the easterly boundary of said Section 13 a distanc~ of 673.20 feet to a point; ~ thence leaving said easterly boundary S 89°59'42" W a distance of 25.00 feet to the POIIVT OF BEGII~MNG; thence coniinuing S 89°59'42" W a distance of 1298.09 feet to a point on the westerly boundary of said SE '/, of the NE %; thence N 0°39'S9" E along said westerly boundary a distance of 25.00 feet to a point; thence leaving said westerly boundary N 89°59'42" E a distance of 1298.13 feet ta a point; thencc S 0°48'SS" W a distance of 25.00 feet to the POINT OF BEGINNING. ?his parcel contains 3~,450 square feet (0.745 acres). Frepared by: Glenn K. Benneit, PLS Civi] Snrvey Consultants, Incorpor~ted •Revised: June 7, 2400 ~ ,~ 5p$2 0 a, =Gliloa~ ,` ~~F~, ~f o ~ ~~~ ~,~~ \~ K , ~ti/ .~ 4 i~a~ EXHIBIT ~