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HomeMy WebLinkAboutEllis Addition / Stone Annexation$; ~~'. :~~> +r: `, h;* ~, . ~7.. _ .L ..A, ~. '. ~:1 ~. a`: ~. _ ~,~; ~1(: ~,, , .;: ~: ;~ } ,, }, , ~~ Ay~~;Rb 6`ALLFi~" " Ht~ B OF Tt; E A Good Place to Live OFFICrA:: JACIINIEMANN.CItyClerk CITY OF MERIDIAN A. M. KIEBERT Treasure BRUCE D. STUART. Water Works Supt WAYNE G. CROOKSTOA. JR., Attorney 7~s Meridian Strfet EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chler MERIDIAN, IDAHO ROY PORTER, Police Chlet 63642 GARY SMITN, Clty Enplneer phone 8881)433 GRANT P. KINGSFORD Mayor May 20, 1986 To ulhom It P9ay Concern: This is to acknowledge that a proposed 4-plex dwelling unit, to be located at 508 E. Broadway, Meridian, Idaho can be served by City of Meridian sanitary sewer and domestic water systems. Si cerely, , Gary Smith, P.E. City Engineer COUNCLMER BILL BREWED RONALD R. TOLSMR J. E. BERT MYER~ ROBERT GIESLEP BOBSPENCEP Chelrman Zomnp 8 Plannm0 ~l~ i ~?I ~, y, t~i . i'iv~ :. ~;, `. ~.. ,~ r -,'= i..-:'- tf ~s -'~, ~~~. ~t .e; `~~':, N: ~r,;;d -.''k,~i ,';+. T9 ~: ,~~; HUB (~F TREASURE VALLFI~ • A f,or,d P1Bre tf, Live OFFICIALS JACKNIEMANN,CItyClerk CITY OF 1VIERIDIAN A. M. KIEBERT. Treasurer BRUCE D. STUART, Water Worka Supt. WAYNE d. CROOKSTON, JR., Attorney 728 Meridian Street EARL WARD, Wsate Weter Supt. KENNY BOWERS, Flre Chief MERIDIAN, IDAHO ROY PORTER, Pollee Chief 83ff42 GARY SMITH, Clty Engineer Phone 88fi-4433 GRANT P. KINGSFORD Mayor January 13, 1986 To Whom It May Concern: COUNCILMEN BILL BREWER - RONALD R. TOLSMA J. E. BERT MYERS ROBERT CiIESLER BOB SPENCER Chairman Zoning 8 Planning ._~ i Subject: Daniel Crow Property: The property remaining after the release of the five feet on the East side of the Daniel Crow property at 714 East 5th would not be in violation of the City of Meridian Ordinance's. Sincerely, . Ja k i~m '"°~`- Zo iiiz~ A instrator F. r • HC'B OF TREASL`RE 6`ALI F2" • A Gr.~~d Plar~<~ to L1ve - 5 '~~, OFFICIALS COUNCILMEN JACKNIEMANN,CItyCrerk CITY OF MERIDIAN BILL BREWER - M KIEBERT Treasurer A . , , BRUCE D. STUART, Water Wo-ka Supt. RONALD R. TOLSMA J. E. BERT MYERS WAYNE G. CROOKSTON, JR., Attorney 72H Merldf8~n Street ROBERT GIESLER r , EARL WARD, Waste Water Supt. KENNY BOWERS, Flre Chief MERIDIAN, IDAHO BOB SPENCER ROY PORTER, Police Chief 83842 Chairman Zoning 8 Planning GARY SMITH, Clry Enplnear Pbone 868-4433 GRANT P. KINGSFORD Mayor L.:,. '_. t<~ . ,k ~. ~; ' '~", ~: - ~: ; Y F'i -_ :} £;. -: ;~. ~' ~ . ,~ ~ .. _,. _. ~U ~; Viz' ~7; ~,... :31, u.,. .. _.~.. ",~.. +F 7~: ' ` }'~ r January 9, 1986 To Whom It May Concern: Subject: Daniel Crow Property: The property remaining after the release of the five feet on the East side of the Daniel Crow property at 704 East 5th would not be in violation of the City of Meridian Ordinance's. __ Sincerely, /~ Jack iem`ann '~ Zoni Admi strator r -mac. File ._~ ~,v t .. . f . C,yy. - .. i"-. ~'~~ 1, / 4 } y (~ ~ ~ .a } `"2;" k 1 {.:;~ ~ ~ }~. ~r~n ,~r ' ~_ d s f i~~' i -..T ~t~ - F 3 l ~k ~ ~ { ` ~' ,, ,:$ a; ;- v: ~ ' 5 ~> „. ,. :,~ 1, T • a • Commonwealth Western Mortgage Corporation November 15, 1985 Daniel Crow 704E 5th Meridian, Idaho 83642 RE: CWMC Loan No. 121820 Dear Mr. Crow: Thank you for your quick response to our inquiry regarding your interest in a '-_ partial release of the above referenced property. In order to, instigate contact with the Veterans Administration, we will need the following information: 1) Letter of request from the borrower _ __ 2) Statement as to the use of the land to be released 3) Statement of the consideration, if any, to be received 4) Agreement in writing to pay for a VA Appraisal _ 5) Legal description of the property as a whole labeled "Before Release". 6) Legal description of the property to be released labeled "Portion to be Released". Legal description of the property after release labeled "After Release". Statement by a legally authorized person that the property remaining after the release will not be in violation of any lot size provisions or zoning ordinance. 9) Copy sketch or map of entire property with the portion to be released outlined. Sketch the approximate location of any buildings on remaining property. 10) A check in the amount of $35.00 made payable to Commonwealth Western F1ortgage Corporation for the processing fee for the State of Idaho. Upon receipt of the above items we will begin to process your request. If you Have any question please call. Cordially, ~~..`Fi i, Belva Duncan Commercial Loan Servicing (503) 790-9306 /d ~9~% 3 / One Pacific Square 220 Northwest Second Avenue Portland, Oregon 97209 1503) 790-9100 A Member of the Commonwealth Financial Group ,.. ,~%, Yom' ~k ~~• ' - _ 4r ~. _ _. ~Yi :Yi , t . ~ i ~ ~"~ ~* ,~' .~ r ~~ Y_ t t:- .~ i F SY A.., ~ fY ~~ r ~~ k i e ~5~5` ~h~ i~ ~~~ l Hj i ~` ;`~j :y ,~ : _. i. ,.~4; ~' f~.. . ~ .~." _g' x~ F ~- ,.~:_ -. z," ,.', ~:~ ~ ~F- fi r ~._~. J ~~ ~ I~ L V i ,.~ ~~ .~ ~~ ~ ~ ~ ~ ,~ ~; `M ~~ r ~~ f ~ n .~ ~ ~ ~ •'. r I t 1 ~ ~AA __ ti v D aY1 ~~ t ,, .:U 0 s f .__ ~' ~ ~I~~ ~~ • L• ~ ; _ 9 :~ ~ ~ ~~ ~ .a 1~ ~. ~X .. ~ ~J ~ 1 ~. ri v.t r."'o -. ~< S :. 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A A F ~ , ., ~ , 4t 1:Y4 ,~f .3~ ~ }~it ~~ f' E ~"_ 3 Y. ,i, ~ ,{k H _ k ~ f~y }' /* C- ~ _ ., ~ ~ r! k ~ ~ ~ ' ,~t"• d t r iL y ., ,, ~:f: ,~ ~' I t ~. ~: j S~`'- o+ . ~ (~~ ~~~ } ;>X - 1+.~~ ,~ v n t,i~ ~ A ~. { ~: _ _ ~ 1. ~~~ _ U Yq.. y .fy . t,. ~4 ~j ~. ~~ {< .. ~_..~. _v_ ~.~___,.~ y. o ;; , ~" Ago ~ a~ ~-~' r: ~, - , -_ ~. :_. ~9 • R. .e ;° ,_ 4 , ~. a~ i ~ ~ ~ -~ t r ~ ~ t f ~ t"l ~ L { - ~~" ~~H. U CY ~1. ':Y f ~~~ 1 ~, p T ~: ~ ~ i ~: ~ u i ;- ~~ ~. r ti~ ~ ~'` i u.. ~ 7 ~ ~.~ 7 ~ ~ i ~~ ~, ! i - ~ ~ i ,,. ~' ~ ~ T~ ') ~, ~ i ..yl ~~ V ~ ~'f'~ _~ ~ -- -~~- - } ~e ,~1= .~ ~, ~. , . f~ . ~.f .h _. .~ .. .. :~I; ; '~..,~-LFY . T7 ~~ ~.~: - , . xrj ~ ~1 :; k' "~~' Meridian Cit Council 2. June 20, 1983 y ` '_ . ~~. ;;: ~ Item ~°~ 3 Dan Crow Proposal for 6-Flex (From Table) ~:; :; ~ ``"~~~ There was discussion regarding what action had to be taken to approve of the Dan Crow ~'°,.~ proposal to build a 6 Alex on Broadway. (Tape on File -City Clerk's Office) =, It was decided that the City is working with the Highway Department which has given a license to Mr. Crow, but suggested that he get approval from the City also, since ~` - the parking will be a variance from City policy. >~,,' The Motion was made by Brewer and seconded by-Orton to approve of the Dan Crow proposal fora 6 plex on Broadway. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea =. ~° 1~, Item » . ~~ 4 Pre-Termination Hearing Water/Sewer/Trash ~ ~. -F Mayor Glaisyer read: "This is to inform you, if you choose to, you have the right to -'z` apre-termination hearing, at 7:30 p.m., June 20, 1983, before the Mayor and Council, to " appear in person to be judged on facts and defend the claim made by the City that your . ,~,, *``Tr~ water, sewer and trash bill is delinquent,. You may retain counsel. This service will ~~;`~f be discontinued June 23, 1983, unless payment is received in FULL." ;.., Mayor Glaisyer: "Is there anyone present tonight that wishes to come before the Council ~^~ : ~_';: regarding their Water/SewerJtrash bill?" ` Terry R. Woodward, Crestfallen Manor, 1535 E. 1st Street, was present requesting that ~ €' service be discontinued. Woodward explained that due to financial hardship he would be placing the property on the market. ~. =, r; Woodward said that Meridian~Office Supply would still be requested as they will remain as a tennant. Woodward paid the $44.40 due on the Meridian Office Supply account. ~=°` ,.l ~~ Mayor Gl~syer: Is there anyone else present that wishes to contend their Sewer/Water/ Trash bi=i:" c There. v: a. :-esponse. >~,;• ' N.ayor G1:_syer: "Due to their failure to pay their water bill or to present any valid =,y reason wi~~ the bill has not been paid, their water shall be turned off on June 23, 1983. "` In ordEr ~o nave their water turned back on, there will be an additional fee of $10.00. ~ They are i:c~~:y informed that they may appeal or have the decision of the City revier:ed : by the Fc,:rti~ Judicial District Court, pursuant to Idaho Code. Even though they appeal, the water will be shut off." "The amount of the turn-offs is $5,463.44." ~_: ;. r; s ~~ The Motion was made by Kingsford and seconded by Brewer to approve of the turn-offs ~ minus Meridian Office Supply. 1 ~'4. ~1i Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea fin ' "r-, Item ~ ~ 5 Meridian Friends Church Annexation z; i ~'`' The Motion was made by Kingsford and seconded by Orton to approve of the Findings of ?_''" Fact and Conclusions of Law regarding the Meridian Friends Church Annexation Request. ;~ :. ~~ Motion Carried:. Kingsford, yea; Tolsma,.yea; Orton, yea; Brewer, yea ., _, ,. . ~'~: Ordinance #422 Mayor Glaisyer Read: "AN ORDINANCE ANNElCING AND'ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS BEING LOCATED IN SECTION 12, TOWNSHiP~3 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO, BEING KNOWN A5 THE WEST ONE-HALF OF LOT 2 OF WESTLAWN SUBDIVISION, MERIDIAN, ADA COUNTY, IDAHO, WHICH PROPERTY IS ADJACENT AND CONTIGUOUS TO THE CITY OF {' MERIDIAN, ADA COUNTY, IDAHO." Mayor Glaisyer: "Is there anyone present that wishes to have Ordinance Number #422 read in its entirety?" Q ~~~ J There was no response. ~ v ~_ xi ~;;~ ... - I __ - 1 ~~ • t ~. Y ' s~ ~' r+ x}.. . ~; "; `t { r ;. z '. ~~a J~~ ~; ..,~. f, ~:~ r . ~; r: ` v.~. \~tL:: ~:i <~='i . , . ;: t° `'~ :,I ~< Y~i f'- ~: :,,; ;: `~, :f: y 4, :T: a 'e s 1. F d ADA C~NTY HIGHWAY DI~TRICT A CHARLES L. WINGER, PRESIDENT KARLJEPPESEN, VICE PRESIDENT DWIGHT BDARD, SECRETARY May 20, 1983 Dan Crow 508 East Broadway Avenue Meridian, Idaho 83642 Re: License Agreement -East Broadway Avenue Dear Mr. Crow: Enclosed is a fully executed copy of subject license agreement to use a portion of East Broadway Avenue, Meridian, Idaho to install and maintain perpendicular parking adjacent to proposed six-plex. Please refer to Ada County Highway District Property Management No. 0731-240-0583 when reference is made to this agreement. Thank you for your attention to this matter. Sincerely yours, ADA COUNTY HIGHWAY DISTRICT c :~= R. E. Putman Right-of-Way Agent IT Enclosures cc: City of Meridian File REP:rp AN EOUAL OPPORTUNITY EMPLOYER 318 E. 37TH STREET BOISE,tDAHO 83704 PHONE: 344-6111 .. ±i. i t l 1 . J • • ~: I '•~ ` -~~ LICENSE AGREEMENT ~ ~~ ~ THIS AGREEMENT, made and entered into this ~ day of ~ , 3 ° y: -'_~> 19~ by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Commissioners, Charles L. Winder, Dwight V. Board, and Glenn J. Rhodes ~' s~` ~, , hereinafter collectively referred to as "LICENSOR", and Dan Crow d/b/a 508 East ~ : "~' Broadway Avenue, Meridian, Tdaho 704 East 5th Street, whose address is x ~ Meridian, Idaho 83642 (888-3270) hereinafter referred to as "LICENSEE". '~ ~;'~ WITNESSETH: ~.~' For and in consideration of the terms and conditions hereinafter contained, ~ and the covenants to be kept, it is hereby agreed as follows: ` ~; 1. NATURE OF LICENSE: Pursuant to the terms and conditions of the agreement ~~ herein contained, Licensor hereb y grants to Licensee, a license to encroach upon a ~ _`~~ '~ portion of the public right-of-way located in Ada County, for the following specific ; uses (specify): To use a portion of the public right~of-way, more commonly known as t ,j< a aortion of Broadway Avenue ~'n Meridian, Tdaho to install and maintain perpendicular ,, °' marking adjacent to proposed six plex at 508 East Broadwa Avenue. Licensee agrees to ~~ , =~, wave aarki ng area and strip i`n accordance with Ada County Highway District Specification. A ~~ Licensee agrees to replace and or repai~t^ s~'dewalk along North side. of Broadway Avenue ,, , ~:<=: ; adjacent to his development. L~`censee w-i111 obtain necessary permits from City of - ~, Merldi:an and Ada County Highway D1~stri'ct pr~~or to any construction in the public right- '~ h;... ~ ..'.. ,, of-way. Licensee further agrees to provide concrete wheel stops to prevent vehicles ~ ' from parking on sidewalk. _ -;~; ' k i1 ~~ 2. GRANT OF LICENSE: The property to be included in this License Agreement is a arcel of real p property within the public right-of-way in Ada County, State of _:~ Idaho, more particularly described as follows: ~'` A 26.00 foot wide strip of public right-of~way, more commonly known as a portion of ~ ~ Broadway Avenue, located in the Southwest 4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Tdaho, and more particularly described as follows: 2.;: The North 26.00 feet of Broadway Avenue, iy1`ng parallel and adjacent to Lots 13 and 14 of Ellis Addition to Meridian, according to the official plat thereof, '" filed in the office of the Ada County Recorder, Boise, Idaho. - k ~' See Exhibit "A" herewith attached and made a part of this agreement. ~; ,. e;$ -~ 3. TERM OF LICENS`1 The term of this license shall run for a period of time commencing on the ~ day of ~ - ~ 19~,~, and shall terminate upon the ADA COUNTY HIGHldAY DISTRIC or its successors, notifying the said Licensee, or its successors or assigns, in writing, that said License has been terminated by Licensor. Licensor agrees to give Licensee, or its successors, thirty (30) days written notice of said termination. . ~ • . ~ • • I s ~.. ~`~ 'LICENSE AGREEMENT - Page 2 r. .: , ~'~ 4. OWNERSHIP: Licensee acknowledges that said property described in ~~`'t= paragraph 2, "Grant of License" hereinable set out is public right-of-way, and Licensee waives any claim to ownership of said right-of-way whether in fee, or adverse q ;~ possession, or any other right, title, or interest therein, other than set out a:: , pursuant to the terms of this License Agreement. {.-' ~~ '~' 5. TAXES AND ASSESSMENTS: Licensee herein agrees to pay all special -n. assessments and personal property taxes that may be imposed against said property ~L' `~'~ during the term of this License Agreement. }` 6. FIXTURES AND IMPROVEMENTS: Pursuant to the terms of this License ~`' Agreement, Licensee may erect improvements and place fixtures upon said right-of-way ~~' as set out in paragraph 1, "Nature of License". It is agreed and understood by and ' between the parties hereto, that after the termination of this License Agreement, f Licensee shall remove all improvements and/or fixtures placed in said right-of-way °` ',;~ by Licensee herei n at no cost or expense to Licensor. - It is further agreed and understood by and between the parties hereto s. ~, that should Licensee fail to remove any improvements or fixtures on said right-of- way at the termination of the license herein,-and the Licensor desires to have said improvements or fixtures removed, the Licensor may remove said improvements or fixtures and assess Licensee for the costs of removal of the same. Licensee herein agrees at the termination of said License Agreement, ~`': to return said premises as nearly as practicable to the condition that said premises ~' were at the time Licensee executed said License Agreement. It is further agreed and understood by and between the parties hereto that should Licensee not remove said improvements or fixtures located in the public .~ right-of-way at the termination of this Agreement, Licensee disclaims any interest or ^•i'h title to said improvements or fixtures left on said property after the expiration of <-.~ the term of said License Agreement, and all improvements or fixtures left on said property after the termination of said License Agreement shall pass to the Licensor at no cost to Licensor. G'`'tr 7. ASSIGNMENT: It is expressly agreed and understood by and between the -5=~ parties hereto, that Licensee shall not have the right to assign, transfer, '~ - hypothecate or~sell its rights under this Agreement except on the prior express ~;.:, ~;~~ written consent of Licensor. ~;: 8. HOLD HARMLESS AND INDEMNIFICATION: Licensee will, at all times, ~' `' indemnify and hold harmless Licensor, its agents, successors and assigns, against x ~, all actions, claims, demands, liabilities, damages, debts, bodily injury and property '~'~-'~ damage, including all expenses, costs, and attorney's fees which may in any manner be imposed on or incurred by Licensor as a consequence of, or arising out of, the `=`,; acts, direct or indirect, defaults or omissions, on the part of Licensee, or any of its officers, agents or.servants, arising out of or in connection with the above ~` described property or any fixtures or improvements placed upon said property by r s! _ Licensee hereunder, which is the subject of this License Agreement. ="=s;F 9. ATTORNEY'S FEES: It is agreed, by and between the parties hereto, that in the event suit is instituted for the purpose of enforcing any and all of the `'`~= provisions of this Agreement, the defaulting party shall oay attorney's fees therein - as are adjudged reasonable by the Court. o ~. p w •• / • '- 5~~' Y I ~'. LICEidSE AGREEMENT -Page 3 ._ F~';, 10. HEIRS AND ASSIGNS: Covenants and conditions of this License Agreement shall extend to and bind the heirs, executors, assigns and successors of-the '~~. respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this License -. ~~~~ Agreement on the day and year first above written. _: 1, : ATTEST - ADA COUPJTY HIGHWAY DISTRICT By. ~ -~ g Gary' ouser ~~~ y: N°1 Charles L. ~n er, res~ ent Director, /' Ada County Hi ghy District By: G ~~~~ 1' °' y`'' ~ ,~'~, Dwight V. Board, Vice President C~ ~ {'~~-(, r O~ ~ By : ~ Glenn J. Rhod s, Secretary x ._ ~ A~rov~d bathe ~om~issioners of the Ada ~ i Coun ty Highway D~,~'rict in th minutes of ~~ the-_pub f c mee i ~of said Commissioners held on the ~ day of 19 5 ;° ~ r,~ r _ :. - ».~: Dan Crow LICENSEE ~' t LICENSEE - STATE OF IDAHO ) ss. County of Ada ) ;,:_~, On thi s ~~day of / I 193, before me , a Notary Publ i c in and for said State, personally app red Charles L. Winder, D o <fL~.~-~ and Glenn J. Rhodes ,known to me to be the Commissioners of the Ada County Highway District, and that they as such Commissioners, being authorized to do so, execut~~~ .the foregoing instrument for the purposes therein set forth, by signing the name a"F•~'ne Ada County Highway District by them as such Commissioners. ~~N-WI1"DfESS WHEREOF, I have hereunto set my hand and official seal. 1~~ y- ~~.~z (SEAL) ~ '~-.+ ~L`'r G// '' ~~ ~ ~ ~° ~ ~" ~ otary Public for State of Idaho r r _ ,,,.P ~~~~.-~ Residing at Boise, ~daho ~ ; - Comm. Expires /oY/-~ f9S '~" ~~~~ STATE OF IDAHO ) - ) ss. County of Ada ) On this 1~ day of /:.-~ 19~, before me, a Notary Public - in and for said State, personally appeared Dan Crow ~''`~' ,known to me to be the person sc whose name x is/ao~csubscri bed to the within instrument, and acknowledged to me that he _ executed the.'s,~me. l 1~ W.YT,~l~SS WHEREOF, I have hereunto set my hand and affixed my official ., `•+ . ` seal. ~,n`~s~a~cir,Crnnit~, the day and year in this License Agreement first above written. "~: _ L (SEAS.) ~ ~ l 0 , = ~ ~ _ ~--Grti~ tom' ~ -. - ~~~ - Notary Public for State of Idaho ''~ ~ ~ Residing at Boise, Ida Comm. Expires. is'fS ` ,a, `;': ~:; ~__ ~: t •~ n ~"r. • . ~ ,e . -' u ~ l i s .c ...~ ~~ e ~ ~ ~ ~ ~r C, 'r, rR_ ~ ~ t • .j ~/ r f ~ l • _ tr Q~ ELLIS ADDITION . TO MERIDIAN ~~~ y ~:~ x ~.~n S I/2 OF N E I/4 OF SW I/4;"`SEC. 7, T. 3 N., R. I E. ~~~~~ ~. N - .. ~ 1,2 ~ei~bi. Wbfle thle map le • pbotopraph/e reproduction o! - 'J ~ [hat on [Ile In ellher the recarder'e or eurveyor4 i o[[lce, the Company auumee oo Ilab111ty for .ID A H o, AVE. variation, u any, r/th another or re-wrvay. ~` ~~ ~•, ---~ C.N r~R J'T, ~ , ~ ~~ ~ ~~ ~ ~~ r ~ y s-~,~ `+ ~ ,~ .. ~c - ~F 3 0' ,. ,. ,. ,. ., • , .f i \ ~~~ ~v~'~h ~+~~ ~a + z ~~ - ~, •! ,~ ; r • +`1' ~. I N a N ~ ~~ ~w +~^' , ~ A[ c E h~A y ~ 'K w ;J:.. r k 1- J, t~ L ti~ F. E` r h h ~ .30'• W~~ pNnrl~~R. ~- Y m: ' . Z o ~ .~ v ~, < ~' _, 41 I , ~~ ~' ,~ fi (4 II ' ~ ~ i ~ l ~ 4 k ~ .c ~,tw 4 t ` A ~ rqx~ x^' ~ _ s ~~ U • ` ~~ t. •a ~ ~ ~ s , Syr :> ~ ~ ~ y :~. . ::~ y •~*n !l. ni'.rl" I :a~.e I, i ~t;'n.« :;y a--°~.Yd"'~'~.~': "~ _... '~r v ~: _ `~y I • . ~ux ~' t~ 4 ~ 41t ~y , 1 ~ R y , 'r 7 . ~~. ~ e ~ - . ,~~, , I 4 ~f''. ~ ,_~ 'A '.,:.: `~- (t r .. 7:e. E.` . ~.^,~ ~" Y V ¢ ~1 + t `x _x. ;1x5. !'.T. , W~ ~~ y I ~ ~ Y ~ ~ ~tf ~ } 4! - '4 Y ~,. ~~~ 4`. - ~{ ~, i h ~ ^ W f. ~~ t ~ .t ~ ~ i ~ it I ~ Yi y . ~~ .~~y i~ j F .. .._ F'.:. ;; f-. 0 r ;~ :`« . i Meridian City Council ~~, ~~ ~Qa C~-a June 6, 1983 Item 4 Other Business Cont'd . Councilman Bill Brewer presented a request on behalf of Dan Crow to allow a 6 plex to be built. Brewer explained that Crow has received the proper licenses from ACRD to build the 6 plex, as it will require Crow to use a portion of East Broadway Avenue for the perpendicular parking adjacent to the proposed 6'plex. " There was discussion. (Tape on File - City Clerk's Office) The Motion was made by Kingsford and seconded by Tolsma to table the Dan Crow proposal until the next regular meeting of the Meridian City Council on June 20, 1983. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea Ken Westby, a Citizen of the City of Meridian proposed to the Council that an Amercian Bicycle Association Track be built in Meridian. Westby said that the track would support and pay for itself in a very short period of time, and would be.~.very prosperous to the City. Westby said that there is alot of interest in the building of the track and that he could provide the man power for the construction needed to build the track. Westby told the Council that he felt thru donations the money needed for the fencing of the track could be raised also. "All we need is the land," Westby said. Jerri Hansen, a Citizen also lauded the praises of building a track. +,..- It was decided that Westby should meet with Rick Orton, Parks Commissioner to go over the proposed idea: _._ i Being-there no other business to come before the Council . ~..~.~ The Motion was made by Brewer and seconded by Kingsford to adjourn at 8:10 p.m. Motion Carried: Kingsford, yea; Tolsma, yea; Orton, yea; Brewer, yea APPROVED: ATTEST: Joseph L. Glaisyer, Mayor H. Niemann~ City Clerk Mayor ~l Council (5) P&Z Members (5) Stuart; Ward; Schoen; Kiebert; Police; Fire; JUB; Atty;Hein; Valley News; Statesman; Press Tribune; Mail: ACHD: CDH: N/M Irrigation; ACC; AZD: AIC: Meridian Friends Church Arthur Leister Jr. Dan Crow File: Meridian Friends Church Dan Crow Proposal . ADA COUNTY HIGHWAY DI~RICT CHARLES L. WINDER, PRESIDENT KARL JEPPESEN, VICE PRESIDENT DWIGHT BOARD, SECRETARY May 20, 1983 .,. -7;~ ~ ~, ~T: . 'j~~et: .~ . _ Y. -. ,, ~. r ;: x ~~,, x,. ~: '.4P F >,i :~-' _~`~ ;',f -.. i`: , x. ~,.; ~.. _ ,~ r . ; Dan Crow 508 East Broadway Avenue Meridian, Tdaho 83642 Re: License Agreement -East Broadway Avenue Dear Mr. Crow: Enclosed is a fully executed copy of subject license agreement to use a portion of East Broadway Avenue, Meridian, Idaho to install and maintain perpendicular parking adjacent to proposed six-plex. Please refer to Ada County Highway District Property Management No. 0731-240-0583 when reference is made to this agreement. Thank you for your attention to this matter. Sincerely yours, ADA COUNTY HIGHWAY DISTRICT ~ o R. E. Putman Right-of-Way Agent II Enclosures cc: City of Meridian File REP:rp AN EOUAL OPPORTUNITY EMPLOYER 318 E. 37TH STREET BOISE. IDAHO 83704 PHONE: 344-6111 ~iF ~.:," %~ w ~ r LICENSE AGREEMENT ~~,; ~,~ - :~, THIS AGREEMENT, made and entered into this ~ day of ~, f`"y 19 3 , by and between the ADA COUNTY HIGHWAY DISTRICT, by and through its Commissioners, ~` ,S Charles L. Winder, Dwight V. Board, and Glenn J. Rhodes s ~~~_ hereinafter collectively referred to as "LICENSOR", and Dan Crow d/b/a 508 East e, Broadway Avenue, Meridian, Tdaho whose address is 704 East 5th Street, £:..:>,< Meridian, Idaho 83642 (888-3270) hereinafter referred to as "LICEPJSEE". E;= WITNESSETH: ~'~~h For and in consideration of the terms and conditions hereinafter contained, v and the covenants to be kept, it is hereby agreed as follows: >''`:`_ 1. NATURE OF LICENSE: Pursuant to the terms and conditions of the agreement herein contained, Licensor hereby grants to Licensee, a license to encroach upon a w>. portion of the public right-of-way located in Ada County, for the following specific ' `.;`: uses (specify): _ To use a portion of the publ~~c right-of-way, more commonly known as ~'~`<: a portion of Broadway Avenue i"n Meridian, Tdaho to install and maintain perpendicular a~:, parkins adjacent to proposed six plex at 508 East Broadway Avenue. Licensee agrees to ;;, ,.~,, "'` < pave aarki ng area and strip i~n accordance a~n`th Ada County Highway District Specification. Licensee agrees to replace and or repa~'h^ sidewalk along North side of Broadway Avenue r -- ~° adjacent to hi's development. Licensee w-i~l l obtai n necessary permits from City of `~~': Meridian and Ada County Highway Dlstri'ct prior to any construction in the public right- ~ ~` of-way. Licensee further agrees to provide concrete wheel~stops~to prevent vehicles from parking on sidewalk. ..~- ~. - - F._ r T. ~ 2. GRANT OF LICENSE: The property to be included in this License Agreement a '. is a parcel of real property within the public right-of-way in Ada County, State of """~"" ~> ~.; Idaho, more particularly described as follows: A 26.00 foot wide strip of public right-of-way, more commonly known as a portion of Broadway Avenue, located in the Southwest 4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: ' The North 26.00 feet of Broadway Avenue, lying parallel and adjacent to Lots ~' 13 and 14 of Ellis Addition to Meridian, according to the official plat thereof, }_ filed in the office of the Ada County Recorder, Boise, Idaho. ~:~.~ ~::, .. ~, :~~,, " <ti n: <, See Exhibit "A" herewith attached and made a part of this agreement. 3. TERM OF LICENS`` The term of this license shall run fora period of time commencing on the ~ day of ~ ~~ 19~~, and shall terminate upon the ADA COUNTY HIGHl~IAY DISTRIC or its successors, notifying the said Licensee, or its successors or assigns, in writing, that said License has been terminated by Licensor. Licensor agrees to give Licensee, or its successors, thirty (30) days written notice of said termination. ~ .° ,~,_ : ,,;, ;,;,. z ~_ , K ~' • c• ~C _: LICENSE AGREEMENT - Page 2 " 4. OWNERSHIP: Licensee acknowledges that said property described in r ~ paragraph 2, "Grant of License" hereinable set out is public right-of-way, and ,,r ~ Licensee waives any claim to ownership of said right-of-way whether in fee, or adverse " possession, or any other right, title, or interest therein, other than set out ~ -~ pursuant to the terms of this License Agreement. ,:,~ ,. - 5. TAXES AND ASSESSMENTS: Licensee herein agrees to pay all special .,,:, ~Y~`°' assessments and personal property taxes that may be imposed against said property ~: - T, during the term of this License Agreement. ~•i < ~ -= _- 6. FIXTURES AND IMPROVEMENTS: Pursuant to the terms of this License '~ ~'' Agreement, Licensee may erect improvements and place fixtures upon said right-of-way ~:: f^ as set out in paragraph 1, "Nature of License". It is agreed and understood by and between the parties hereto, that after the termination of this License Agreement, " ~<<x Licensee shall remove all improvements and/or fixtures placed in said right-of-way ~_ .. t'<>-` by Licensee herein at no cost or expense to Licensor. k: ~ It is further agreed and understood by and between the parties hereto _ ,~-"` y p 9 `~` that should Licensee fail to remove an im rovements or fixtures on said ri ht-of- a;,. way at the termination of the license herein, and the Licensor desires to have said ~: ~ improvements or fixtures removed, the Licensor may remove said improvements or ~A `rr :- '• ~~~:~;~ fixtures and assess Licensee for the costs of removal of the same. Licensee herein agrees at the termination of said License Agreement, to return said premises as nearly as practicable to the condition that said premises '~' '=-~ were at the time Licensee executed sai d License Agreement. ..~- ' `~; ~'~~'~ It is further agreed and understood by and between the parties hereto --- that should Licensee not remove said improvements or fixtures located in the public _ ~°'~`~ right-of-way at the termination of this Agreement, Licensee disclaims any interest or ~~...- title to said improvements or fixtures left on said property after the expiration of ~ the term of said License Agreement, and a71 improvements or fixtures left on said r ~~ property after the to ruination of said License Agreement shall pass to the Licensor ~'~~*~ at no cost to Licensor. 7. ASSIGNMENT: It is expressly agreed and understood by and between the ~, . parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or-sell its rights under this Agreement except on the prior express ~_.. `"'~` written consent of Licensor. 8. HOLD HARMLESS AND INDEMNIFICATION: Licensee will, at all times, ~ ,, indemnify and hold harmless Licensor, its agents, successors and assigns, against <„ '~~< ~ all actions, claims, demands, liabilities, damages, debts, bodily injury and property damage, including all expenses, costs, and attorney's fees which may in any manner - be imposed on or incurred by Licensor as a consequence of, or arising out of, the ~I, acts, direct or indirect, defaults or omissions, on the part of Licensee, or any of :,~ its officers, agents or servants, arising out of or in connection with the above ~ ~'rF` described property or any fixtures or improvements placed upon said property by Licensee hereunder, which is the subject of this License Agreement. ~` 9. ATTORNEY'S FEES: It is agreed, by and between the parties hereto, ~_~ that in the event suit is instituted for the purpose of enforcing any and all of the w _ . t provisions of this Agreement, the defaulting party shall oay attorney's fees therein as are adjudged reasonable by the Court. ., c ~ • x z;:" . LICENSE AGREEMENT -Page 3 __. ~~ ~ M1 10. HEIRS ANO ASSIGNS: Covenan ts and conditions of this License Agreement ~'`'~ 4. q.: shall extend to and bind the heirs, execu . tors, assigns and successors of the ''~~~;'` respective parties hereto. -'~ IN WITNESS WHEREOF, the parties hereto have executed this License -k'"'` ' Agreement on the day and year first above written. }; {-'` ATTEST• ADA COUNTY HIGHWAY DISTRICT ~ ~ ~ ~' `yr gy; Gary' ouser ~~~,,,~ BY: _e Charles L. i n er, rest ent -_ n Director, f „, Ada County Hi ghv~y District By: f~~~r- ''` y`' • ~;\. Dwight V. Board, Vice President ~ ~ ~ Cti By : ~ ~ ~ ~- ~ ("~ ~~, i O~ ~ Glenn ~7. Rhod s, Secretary ~ Ap~rov~d by1the ~om~issioners of the Ada County Highway D~,~t'rict in th minutes of ?` the- ubTic mee i ~;of said Commissioners held on the /~ day of 19 B3 ~',- - R,, ,, ~ ,.-' ,. r~.. „_ . G•, ~-': k ~_ _ Dan Crow LICENSEE w: , ,,... -- LICENSEE t, .: i '~~ STATE OF IDAHO ) ~~ County of Ada ) '+ ; ~- ~~ r On thi s ~ day o ~ l1 _, 193, before me , a PJotary Publ i c in and for said State, personally app red Charles L. Winder, D oa s/~~~ and Glenn J. Rhodes ,known to me to be the Commissioners of the Ada County Highway District, and that they as such Commissioners, being authorized to do so, execut~ •~the foregoing instrument for the purposes therein set forth, by signing the name oaF• ~'ne Ada County Hi ghti•~ay District by them as such Commissioners. ~~`''~ .~N ~WITCIESS WHEREOF, I have hereunto set my hand and official seal . '` (SEAL) ``= ~, ,~ ~ c-~/~ ~ Z' ~ ~ ~ ~ ~-~ ~~ otary Public for State of Idaho ~ \ d> _...,.' ~~~~ .: Residing at Boise, daho ` ~ ; - Comm. Expires /~-~ B' S STATE OF IDAHO ) ss. ~_~ County of Ada ) ~,~~~i ~ On this 1~ day of ~t~ 19~, before me, a Notary Public in and for said State, personally appeared Dan Crow known to me to be the person x whose name ~ -'t,` is/a~csubscribed to the within instrument, and acknowledged to me that he ,~ executed the ~'s,~me. .~ ~ - I~ t~d.IT,~I~SS WHEREOF, I have hereunto set my hand and affixed my official seal. ~n`~s`a~ c9r,Caudt~r, the day and year i n this License Agreement first above written . .•- - . . ~-`C~`~.--, Notary Public for State of Idaho F ~ Residing at Boise, Ida ~~ Comm. Expires is'6"S ~s r. k:~ 1,~~ _:~ ~. ~~. • - • v 4r,- ELLIS ADDITION'. TO MERIDIAN . S V2 qF N E I/4 OF SW I/4;~'"SEC. 7, T. 3 N., R. 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