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Danbury Fair Subdivision AZ
.• AMENDED ORDINANCE NO. 559 AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LYING IN THE NE 1/4 OF SECTION 7, T.3N., R.lE., B.M., ADA COUNTY, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land lying in the NE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: t}PARCEL ONE: 5 ~ 7 1 1 ~ 7Commencing at a point marking the section corner common i~~~y~~ to Sections 5, 6 and 8 and the said Section 7; s, _. ..• •-• `~,,~•Thence North 89°26'06" West 347.91 feet along the -!:;,::_:.••^ Northerly boundary of the said NE 1/4 of Section 7 to a 3C~;_;~ Point; Thence South 0°26'54" West 29.07 feet to a point on the ,95 ELI ~~ ~~~ ,( ~outh rly right-of-way line of Fairview Avenue; ~../.fOG nce South 22°23'00" West 87.14 feet to a point; FE~-I-----'- ST Qr flECO;.-'~~~'"- ~ Thence South 0°26'54" West 326.80 feet to a point; Thence South 64° 44'00" West 339.00 feet to a point; Thence North 87° 19'04" West 50.03 feet to a point; Thence South 0°51'54" West 49.00 feet (formerly described as South 0°O1' West) to a point; Thence South 65°47'54" West 276.30 feet (formerly described as South 64°57' West) to the REAL POINT OF - BEGINNING; Thence South 27°51'06" East 150.00 feet (formerly described as South 28°42' East) to a point; AMENDED ANNE%ATION ORDINANCE - DANBURY FAIR Page 1 • Thence South 19°52'06" East 114.70 feet described as South 20°43' East) to a point; Thence South 31°08'06" East 73.70 feet described as South 31°59' East) to a point; Thence South 47°52'06" East 131.00 feet described as South 48°43' East) to a point; Thence South 42°57'09" East 66.00 feet described as South 42°39' East) to a point; Thence South 29°47'09" East 94.00 feet described as South 29°29' East) to a point; (formerly (formerly (formerly (formerly (formerly Thence South 0°52'09" East 178.61 feet (formerly described as South 0°34' East 165.0 feet), to a point on the Southerly boundary of the NE 1/4 of the NE 1/4 of said Section 7; Thence North 89°57'09" West 647.02 feet (formerly described as South 89°45' West), to a point marking the Northeast corner of the SW 1/4 of the NE 1/4 of said Section 7; Thence South 0°30'58" West 1,085.96 feet along the Easterly boundary_of the 3W 1L4-..af ~t~•~;~~-cif. ~a~ .~_ ~. Section 7 o a goint; Thence South 89°33'52" West 95.00 feet to a point; Thence South 0°30'58" West 25.00 feet to a point; Thence South 89°33'52" West 566.78 feet to a point; Thence North 0°32'59" East 731.99 feet to a point; Thence South 89°33'52" West 360.36 feet (formerly described as West 359.0 feet) to a point; Thence North 0°34'58" East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; Thence South 89°42'38" East 1,020.34 feet (formerly described as East 1,019.00 feet) to a point on the Westerly boundary of said NE 1/4 of the NE 1/4 of said Section 7 to a point; Thence North 0°30'58" East (formerly described as North 0°34' East) 417.98 feet along said Westerly boundary of the NE 1/4 of the NE 1/4 of said Section 7 to a point; Thence North 90°00'00" East 246.56 feet to a point; Thence South 25°01'06" East 39.74 feet described as South 25°52' East) to a point; (formerly AMENDED ANNE]CATION ORDINANCE - DANBURY FAIR Page 2 Thence South 89°33'22" East 33.83 feet (formerly described as South 90°00'00" East) to a point; Thence South 00°35'39" East 224.17 feet to a point; Thence South 00°26'42" West 126.08 feet to the Real Point of Beginning, comprising 46.45 acres more or less. AND PARCEL TWO: A parcel of land being a portion of the NE 1/4 of the NE i/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the North boundary of the said NE 1/4 of Section 7 to the REAL POINT OF BEGINNING; Thence South 0°26'54" West 29.07 feet to a point of the southerly right-of-way of Fairview Avenue; Thence South 22°23'00" Weat 87.14 feet to a point; ___. _.-_ Thence South 0°26'54" West 326.80 feet to a point; Thence South 84°44'00" West 339.00 feet to a point; Thence North 87°19'04" West 50.03 feet to a point; Thence South 0°51'54" West 49.00 feet (formerly described as South 0°O1" Weat 49 feet) to a point Thence South 65°47'54" West 276.30 feet (formerly described as South 64°57"; Weat 276.3 feet) to a point; Thence North 0°26'42" East 126.08 feet to a point; Thence North 0°35'39" West 224.17 feet to a point; Thence North 0°24'15" West 283.55 feet to a point on the North boundary of the NE 1/4 of said Section 7; Thence South 89°28'06" East 679.64 feet along said North boundary to THE REAL POINT OF BEGINNING, comprising 7.47 acres. AMENDED ANNESATION ORDINANCE - DANBURY FAIR Page 3 C~ AND PARCEL TBREE • A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; Thence North 89°28'06" West 1,320.51 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7, also said point being the REAL POINT OF BEGINNING; Thence South 89°28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; Thence South 1°24'54" West 25.00 feet (formerly described as South 0°34' West 25.0 feet) to a point; Thence South 49°56'06" East 161.10 feet-(formerly described as South 50°47' East 161.1 feet)-to-a point; Thence South 25°01'06" East 133.20 feet (formerly described as South 25°52' East) to a point; Thence South 90°00'00" West 246.56 feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; Thence North 0°30'58" Sast (formerly described as North 0°34' East) 250.00 feet along the Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to the point of beginning, comprising 0.664 acre (28,937.35 square feet), more or less, AND ALSO A parcel of land being a portion of the SW 1/4 of the NE 1/4 of Section 7, T. 3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner coam~on to Sections 5, 6 and 8 and the said Section 7; thence South 0°26'54 " West 2,649.57 feet along the Easterly boundary of the said NE 1/4 of Section 7, which is also centerline of Locust Grove Road, to a point marking the one-quarter corner common to the said Section 7 and 8; AMENDED ANNE%ATION ORDINANCB - DANBURY FAIR Page 4 thence South 89°33'52" West 1,418.83 feet along the Southerly boundary of the said NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to the REAL POINT OF BEGINNING; Thence North 0°30'58" East 225.00 feet to a point; Thence South 89°33'52" West 566.78 feet to a point; Thence South 0°32'59" West 225.00 feet to a point on the Southerly boundary of the said NE 1/4 of Section 7 and centerline of East Pine Avenue; Thence North 89°33'52" East 566.91 feet along the said Southerly boundary and centerline of East Pine Avenue to the point of beginning, is hereby annexed to the City of Meridian; that PARCEL ONE is be zoned R-8 Residential; PARCEL TWO is zoned C-G General Commercial and Service Retail and PARCEL THREE is zoned L-O Limited Office; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the requirements contained in the Findings of Fact and Conclusions of Law adopted by the City Council of the City of Meridian, which are incorporated herein as if set forth in full. The property shall also be subject to the restrictions of the Idaho Department of Transportation. Section 3. That the City Clerk shall cause one (1) copy of the legal description and map which shall plainly and .clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. AMENDED ANNESATION ORDINANCE - DANBURY FAIR Page 5 '`~ '`" RUBBLE ENGINEERING, INC. ~ ~ ti 9550 Bethel Court ^ Boise, Idaho 83709 208!322-8992 ^ Fax 2081378.0329 9y0 SURV Ey~P PROJECT NO. 9414900 JULY 10, 1995 REVISED SEPTEMBER 29, 1995 RECEIVED REVISED SEP 2 9 1995 DESCRIPTION FOR COMMERCIAL 20NE APPLICATION OF MERMAN CRY ENGMEER DANBURY FAIR SUBDIVISION A PORTION OF THE NEl/4 NE1/4, SECTION 7, T.3N., R.1E., B.M., ADA COUNTY, IDAHO A PARCEL OF LAND BEING A PORTION OF THE NE1/4 OF THE NE1/4 OF SECTION 7, T.3N., R.1 E., B.M., ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT MARKING THE SECTION CORNER COMMON TO SECTIONS 5, 6 AND 8 AND THE SAID SECTION 7; THENCE NORTH 89°28'06" WEST 347.91 FEET ALONG THE NORTH BOUNDARY OF THE SAID NE1/4 OF SECTION 7 TO THE REAL POINT OF BEGINNING; THENCE SOUTH 0°26'54" WEST 29.07 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF FAIRVIEW AVENUE; THENCE SOUTH 22°23'00" WEST 87.14 FEET TO A POINT; THENCE SOUTH 0°26'54" WEST 326.80 FEET TO A POINT; THENCE SOUTH 84°44'00" WEST 339.00 FEET TO A POINT; THENCE NORTH 87°19'04" WEST 50.03 FEET TO A POINT; THENCE SOUTH 0°51'54" WEST 49.00 FEET (FORMERLY DESCRIBED AS SOUTH 0°01" WEST 49 FEET) TO A POINT THENCE SOUTH 65°47'54" WEST 276.30 FEET (FORMERLY DESCRIBED AS SOUTH 64°57; WEST 276.3 FEET) TO A POINT; THENCE NORTH 0°26'42" EAST 126.08 FEET TO A POINT; THENCE NORTH 0°35'39" WEST 224.17 FEET TO A POINT; THENCE NORTH 0°24'15" WEST 283.55 FEET TO A POINT ON THE NORTH BOUNDARY OF THE NE114 OF sAio sECTioN z; PAGE 1 OF 2 THENCE SOUTH 89°28'06" EAST 679.64 FEET ALONG SAID NORTH BOUNDARY TO THE REAL POINT OF BEGINNING, COMPRISING 7.47 ACRES, MORE OR LESS, SUBJECT TO: ALL EASEMENTS AND ROAD RIGHTS-OF-WAY OF RECORD ON THE ABOVE DESCRIBED PARCEL OF LAND. PREPARED BY: NUBBLE ENGINEERING, INC. TODD R. WAITE, P.L.S. N WAS COMPILED FROM DATA OF RECORD AND .ND NOT FROM AN ACTUAL FIELD SURVEY BY RUBBLE PAGE20F2 ~. • ORDINANCE N0. S~ 9 BARKER, MORGNER, UNITED ARTISTS, WINCHESTER, AND FABRICIUS ANNEXATION AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND GENERALLY LOCATED ON EAST FAIRVIEW NORTH OF PINE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian have concluded that it is in the best interest of said City to annex to the said City real property which is hereinbelow described: See Exhibit "A" attached hereto as if set forth in full herein. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1: That the above described and referenced real AMBROSE, FIT2GERALO ICROOKSTON Atiwnaye uW Countsbro R.O. Boz ART Multlhn, ICNo property is hereby annexed to the City of Meridian, and shall be zoned as follows below: Parcel 1 R-8 Residential, Parcel 2 C-G General Commercial and Service Retail and Parcel 3 L-0 Limited Office, for the following described parcels of the property annexed and Section 11-2-425, Official Zoning Maps is hereby amended to reflect the same: PARCEL 1 -- R-8 RESIDENTIAL A parcel of land lying in the NE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: ORDINANCE Page - 1 Commencing at a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89° 28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 22°23'00" West 87.14 feet to a point; thence South 0°26'54" West 326.80 feet to a point; thence South 84°44'00" West 339.00 feet to a point; thence North 87°19'04" West 50.03 feet to a point; thence South 0° 51'54" West 49.00 feet (formerly described as South 0°O1' West 49 feet) to a point; thence South 65° 47'54" West 276.30 feet (formerly described as South 64°57' West 276.3 feet) to a point; thence South 27 °51'06" East 150.00 feet (formerly described as South 28°42' East 150.0 feet) to a point; thence South 19 °52'06" East 114.70 feet (formerly described as South 20°43' East 114.7 feet) to a point; thence South 31° 08'06" East 73.70 feet (formerly described as South 31°59' East 73.7 feet) to a point; thence South 47°52'06" East 131.00 feet (formerly described as South 48°43' East 131.0 feet) to a point; thence South 42° 57'09" East 66.00 feet (formerly described as South 42°39' East 66.00 feet) to a point; thence South 29° 47'09" East 94.00 feet (formerly described as South 29°29" East 94.00 feet) to a point; thence South 0° 52'09" East 178.61 feet (formerly described as South 0° 34' East 165.0 feet), to a point on the Southerly boundary of the NE 1/4 of the said NE 1/4 of Section 7; AMBROSE, FITZOERALD BCROONSTON ARamsys Intl Counulon v.o. 9°x ~xT Msritll~n, ItlNo WN2 T~laplgns lBB~~Mt thence North 89°57'09" West 647.02 feet (formerly described as South 89°45' West) to a point marking the Northeast corner of the SW 1/4 of the said NE 1/4 of ORDINANCE Page - 2 Section 7; thence South 0° 30'58" West 1,085.96 feet. along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 7 to a point; .thence South 89°33'52" West 95.00 feet to a point; thence South 0°30'58" West 250.00 feet to a point on the Southerly boundary of the said SW 1/4 of the NE 1/4 of Section 7; thence South 89°33'52" West 566.91 feet along the said Southerly boundary of the SW 1/4 of the NE 1/4 of Section 7, which is also the centerline of East Pine. Avenue, to a point; thence North 0° 32'59" East 956.99 feet (formerly described as North 962.0 feet) to a point; thence South 89° 33'52" West 360.36. feet (for•mer•ly described as West 359.0 feet) to a point; thence North 0°34'58" East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; thence South 89° 42'38" East 1,020.34 feet (formerly described as East 1,019.00 feet) to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North 0 34' East 667.98 feet) along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7; thence South 89 °28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; AM BROBE, FIT2GER~lD b CROOKSTON Atlomays a~M CAUn!l101! thence South 1° 24'54" West described as South 0°34' West thence .South 49° 56'06" East described as South 50°47' East thence South 25° 01'06" East described as South 25°52' East 25.00 feet (formerly 25.0 feet) to a point; 161.10 feet (formerly 161.1 feet) to a point; 183.00 feet (formerly 183.0 feet) to a point; P.O. Box /YI M.nal.°, m.n° ORDINANCE Page - 3 eaeez Tabpnona BB&NB1 I, ~ ~ i thence South 8°14'06" East (formerly described as South 9° 05' East 217.54 feet) to a point; thence North 0° 24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 89°32'15" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 57.27 acres (2,494,476.58 square feet), more or less. AND EXCEPT A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R. lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 22°23'00" West 87.14 feet to a point; thence South 0°26'54" West 326.80 feet to a point; thence South 84°44'00" West 339.00 feet to a point; thence North 87° 19'04" West 50.03 feet to a point; thence South 0° 51'54" West 49.00 feet (formerly described as South 0°01" West 49 feet) to a point; thence South 65°47'54" West 276.30 feet (formerly described as South 64°57' West 276.3 feet) to a point; thence North 0°26'42" East 126.08 feet to a point; thence North 8° 24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said AMeROSE. Southerly right-of-way line at Fairview Avenue; FIT2GERALG acROOKSyoR thence South 89°32'15" East 679.19 feet along the said A1lomeye entl Southerly right-of-way line of Fairview Avenue to the Counselors r.o.eex.z7 ORDINANCE Page - 4 Mstltllen, ItlMo BJMz Tslsplrone BlBa~e1 point of beginning, comprising 7.02 acres (305,914.72 square feet), more or less, AND EXCEPT A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T. 3N., R. lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89° 28'06" West 1,320.51 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7, also said point being the REAL POINT OF BEGINNING; thence South 89° 28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1° 24'54" West 25.00 feet (formerly described as South 0° 34' West 25.0 feet) to a point; thence South 49° 56'06" East 161.10 feet (formerly described as South 50°47' East 161.1 feet) to a point; thence South 25° 01'06" East 76.92 feet (formerly described as South 25°52' East) to a point; thence North 8P 29'02" West 222.30 feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North (P 34' East 197.00 feet) along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to the point of beginning, comprising 0.664 acre (28,937.35 square feet), more or less, AND ALSO A parcel of land being a portion of the SW 1/4 of the NE 1/4 of Section 7, T. 3N., R. 1 E., B.M., Ada County, Idaho and more particularly described as follows: AMBROSE, FITZGERALO B CROOKSTON Attomays nM GOU°NIM R.o. eo. w Marmisn, laM eaNx TsNplwna BB6/M1 Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; ORDINANCE Page - 5 thence South ~0° 26'54" West 2,649.51 feet along the Easterly boundary of the said NE 1/4 of Section 7, which is also centerline of Locust Grove Road, to a point marking the one-quarter corner common to the said Sectton 1 and 8; thence South 89°33'52" West 1,418.83 feet along the Southerly boundary of the said NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0°30'58" East 25.00 feet to a point on the Northerly right-of-way line of the said East Pine Avenue, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°30'58" East 200.03 feet to a point; thence South 89°33'52" West 566.78 feet to a point; thence South 0°32'59" West 7.00.03 feet to a point on the said Northerly right-of-way line of East Pine Avenue; thence North 89°33'52" East 566.90 feet along the said Northerly right-of-way line of East Pine Avenue to the point of beginning, comprising 2.60 acres (113,367.33 square feet), more or less, and containing a net area of 3.27 acres (142,304.68 square feet), more or less, PARCEL 2 -- C-G GENERAL COMMERCIAL A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R, lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.01 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; ~MBROSE, FITZGES~LO BCROONSTON Mtomays aW Counwlort p.o. eo. m M.nel.n, ta.n° eae.x T~NpMna SBNM1 thence South 22° 23'00" West 87.14 feet to a point; thence South O'26'S4" West 326.80 feet to a point; ORDINANCE Page - 6 thence South 84°44'00" West 339.00 feet to a point; thence North 87°19'04" West 50.03 feet to a point; thence South 0° 51'54" West 49.00 feet (formerly described as South 0°O1" West 49 feet) to a point; thence South 65° 41'54" West 276.30 feet (formerly described as South 64°51' West 276.3 feet) to a point; thence North 0°26'42" East 126.08 feet to a point; thence North 0 °24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 89°32'15" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 7.02 acres (305,974.72 square feet), more or less. PARCEL 3 -- L-0 LIMITED OFFICE A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T. 3N., R, lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 1,320.51 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7, also said point being the REAL POINT OF BEGINNING; thence South 89°28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1° 24'54" West 25.00 feet (formerly described as South 0°34' West 25.0 feet) to a point; AMBROSE, FITZOERALD 6 CRO0NSTON Atlameye en° Counsslon P.O. Bow IZT MNIOIen,l°Mo BJ6~2 Telpftone BBS~N1 thence South 49° 56'06" East 161.10 feet (formerly described as South 50°47' East 161.1 feet) to a point; thence South 25 °01'06" East 76.92 feet (formerly described as South 25 °52 'East) to a point; ORDINANCE Page - 7 thence North 89°29'02" West 222.30 feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North 0°34' East) 197.00 feet along the Westerly boundary of 'the NE 1/4 'of the NE 1/4 of Section 7 to the point of beginning, comprising 0.664 acre (28,937.35 square feet), more or less, AND ALSO A parcel of land being a portion of the SW 1/4 of the NE 14 of Section 1, T. 3N., R. 1 E., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Sectiun 7; thence South 0°26'54" West 2,649.57 feet along the Easterly boundary of the said NE 1/4 of Section 7, which is also centerline of Locust Grove Road, to a point marking the one-quarter corner common to the said Section 7 and 8; thence South 89 °33'52" Wets 1,418.83 feet along the Southerly boundary of the said NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0 X0'58" East 25.00 feet to a point on the Northerly right-of-way line of the said East Pine Avenue, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°30'58" East 200.03 feet to a point; thence South 89°33'52" West 566.18 feet to a point; thence South 0°32'59" West 200.03 feet to a point on the said Northerly right-of-way line of East Pine Avenue; AMBROSE, F1T2GERAlD acROOKSroR Atl°m•y uM Cq°°NI°A P.O. Bot •2r MMItlIM, Itl•M B~61t r•MPA•n• eN+~e+ thence Nortlr 89°33'52" East 566.90 feet along the said Northerly right-of-way line of East Pine Avenue to the point of beginning, comprising 2.60 acres (113,367.33 square feet), more or less, and containing a net area of 3.27 acres (142,304.68 square feet), more or less. ORDINANCE Page - 8 . Section 2 That the property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the requirements contained in the Findings of Fact and Conclusions of Law adopted by the City Council of the City of Meridian, which are incorporated herein as if set forth in full. The property shall also be subject to the restrictions of the Idaho Department of Transportation Section 3: That. the City Clerk shall cause one (1) copy of the legal description and map which sfrall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. PASSED by the City Council and Approved by the Mayor• of the City of Meridian, Ada County, Idaho, this _, day of October, 1991. APPROVED: AM BROSE, FIT2GERALD 6 CROOKSTON ~IlOmeys arM Coensabro P.G. Bow X27 M.nal.n, m.no antz Talaplrone BB8~N8t ATTEST: ~TTP "~L E'rFfc ~---- ---" ORDINANCE Page - 9 • STATE OF IDAHO,) County of Ada, ) ss. I, JACK NIEMANN, City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled. "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AND GENERALLY LOCATED ON EAST FAIRVIEW NORTH OF PINE; AND PROVIDING AN EFFECTIVE DATE; passed as Ordinance No. by the City Council and Mayor of the City of Meridian, on tom- _ day of _ ____ _, ___ __ 1991. DATED this day of 1991. dl I~R'K ~F fiH ~ ~I~Y~F M E R I D I A N AMBROSE, FIT2GERALO 6 CROOKSTON Allome,e and Counselors ADA COUNTY, IDAHO. STATE OF IDAHO,) ss. County of Ada, ) On this day of __ _ _ 1991, before me, the undersigned, a Notary Public in and fo'r the said State, personally appeared JACK NIEMANN, known to me to be the person who subscribed his name to the within and foregoing instrument, and acknowledged to me the executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. SEAL Il'otary Public for Idaho -~-" Residing at Meridian, Idaho v.o. ee..sT ORDINANCE Page - 10 Merblen, N1No BJBe] Tslspl~ene BB&eMt • EXHIBIT "A" AMBROBE, FITZDERALD 6CROOK8TON Allorneye sn0 Counselors R.o. eo. sPT Mer1elM, klsho BJ6sY Tsleelwro BB8~se1 A parcel of land lying in the NE 1/4 df Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described a5 follows: Commencing at''a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 22' 23'00" West 87.14 feet to a point; thence South 0°26'54" West 326.80 feet to a point; thence South 84°44'00" West 339.00 feet to a point; thence North 81°19'04" West 50.03 feet to a point; thence South 0° 51'54" West 49.00 feet (formerly described as South 0' O1' West 49 feet) to a point; thence South 65° 47'54" West 276.30 feet (formerly described as South 6~ 57' West 276.3 feet) to a point; thence South 27° 51'06" East 150.00 feet (formerly described as South 28°42' East 150.0 feet) to a point; thence South 19° 52'06" East 114.70 feet (formerly described as South 20°43' East 114.7 feet) to a point; thence South 31° 08'06" East 73.70 feet (formerly described as South 3P 59' East 73.7 feet) to a point; thence South 47° 52'06" East 131.00 feet (formerly described as South 48°43' East 131.0 feet) to a point; thence South 42°57'09" East 66.00 feet (formerly described as South 42°39' East 66.00 feet) to a point; thence South 29 °47'09" East 94.00 feet (formerly described as South 29°29" East 94.00 feet) to a point; thence South 0 °52'09" East 178.61 feet (formerly ORDINANCE Page - 11 i described as South 0°34' on the Southerly boundary 1/4 of Section 7; r thence North, 89° 57'09" described as South 89°45' Northeast corner of the Section 7; East 165.0 feet), to a point of the NE 1/4 of the said NE West 647.02 feet (formerly West) to a point marking the SW 1/4 of the said NE 1/4 of thence South 0°30'58" West 1,085.96 feet along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 7 to a point; thence South 89°33'52" West 95.00 feet to a point; thence South 0°30'58" West 250.00 feet to a point on the Southerly boundary of the said SW 1/4 of the NE 1/4 of Section 7; thence South 89°33'52" West 566.91 feet along the said Southerly boundary of the SW i/4 of the NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0° 32'59" East 956.99 feet (formerly described as North 962.0 feet) to a point; thence South 89 °33'52" West 360.36 feet (formerly described as West 359.0 feet) to a point; thence North 0° 34'58" East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; thence South 89°42'38" East 1,020.34 feet (formerly described as East 1,019.00 feet) to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North 0°34' East 667.98 feet) along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7; pMBROSE, FAZOERpLD b CROONSTON pltorneya ene Couneelore P.O. Box aZ7 MMebn, IeMo axaz nepnona BBb~uet thence South 89° 28'06" East 65.31 feet (formerly described as North 89 nll' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1 °24'54" West 25.00 feet (formerly described as South 0°34' West 25.0 feet) to a point; ORDINANCE Page - 12 thence South 49°56'06" East 161.10 feet (formerly described as South 50°47' East 161.1 feet) to a point; thence South 25° 01'06" East 183.00 feet (formerly described as South 25°52' East 183.0 feet) to a point; thence South 8°14'06" East (formerly described as South 9°05' East 217.54 feet) to a point; thence North 0° 24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 89° 32'15" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 57.?_7 acres (2,494,476.58 square feet), more or less. AMBROSE, FIT2GERAlD 6 CROOKSTON Attorneys and GOOnNIws p.o.eo..xT ORDINANCE Page - 13 MarlOlen, IOrroo B38~x Tslsp~one 8B8-~/Et r~-~RVI~w AVENI/E e5ao' X7.14 - 0.664 AC aaa-oc~c c. sn.~ 5.25°01'06"E.. l-0 183.00' o ~~ A PORTION OF THE NE V4 OF Nrls6°n' ~, °~ o°t~15"w. °-6 ~caL ' ~ SECTION 7, T.3N., R.IE., B.M., ~~ 2 sn.e2 ~ AQA COUNTY IDAHO. ' ~ ~ s.e°K N LILS4 ~ '1 W. 91 5 00 33 i NO°26"42"E. 126.08' N.61°B'C~'W. ~6'A 30.03' S.69°42'3B°E. 1020.34' S.27°51b6"E. 5.0°51'54"W. - 150.00 49.00 ~-- 114.70 ' S.3F08'0~°E. 73.70 S.47°52~06"E, 131.00' 5.42°57~'~. 16.00 5.29°4709"E. f4.00~ R -8 ~ 5.0°52'09° E. 46.316 AC X78.61 RESIDENTIAL ~ ~or,~b~~", ~.~..~~ ;~ ~ _ n.oa-a~oc c. oov.av ~ `Sb9°33'52'~W. L-0 0 3~ 95.00' 5 .27 AC ~ ~ g 'aj u~ N _ N S 89°33'52"W. 56691' PINE AVENUE CITY OF MERIDIAN ANNEXATION 57.27 ACRES TOTAL r u BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION B. W.', INC. ANNEXATION AND ZONING NORTH 1/4 SECTION 7, T. 3 N., R. 1 E., BOISE MERIDIAN BETWEEN EAST PINE STREET AND FAIRVIEW AVENUE MERIDIAN, IDAHO AMBROSE, PITZGERAlO B CROOKSTON Ailornays and Couneelon P.O. Box X27 Motltllxn, IdNo S3NY tleonone BBBJx81 FINDINGS OF FACT AND CONCLUSIONS OF lAW The above entitled annexation and zoning application having come on for consideration on August 13, 1991, at the hour of 7:30 o'clock p.m, on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing through its engineer, Keith Jacobs, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1, That notice of public hearing on the annexation and zoning was published for fifteen days weeks prior to the said public hearing scheduled for August 13, 1991, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 13, 1991, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is AMBROSE, FITZG ERALD BCROOKSTON Attomeye eno Couneeloro P.O. Box 12T Merlobn, loe~o 83817 TBIeOOOne 8881181 approximately 61 acres in size; it is located between East Pine Avenue and Fairview Avenue and west of Locust Grove Road. 3. That the property is presently zoned by the county as Rural Transition Zone and R-8 and the requested Zone is R-8, Residential, some ground (C) Commercial, and some ground (L-0) Limited Office; that no specific legal descriptions were provided for the ground to be zoned as requested. 4. The general area surrounding the property is used agriculturally and residentially. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owners of record have requested the annexation and consented to the Application and their requests are on file with the Application. 7. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. That the Application requests that the parcel be annexed and zoned as indicated in paragraph 3 above; that the present use of the property is for agriculture and residences; that the applicant indicated that the intended development of the property is for a single family R-8 subdivision with some commercial and limited office uses. 10. There were property owners in the immediate area that AMBROSE, FITZG ERALO BCROOKSTON Attorneys ens Counselore R.O. BOR 02T Menelan, iasno eae.z TaleOnone BBBJ~SI C~ testified as to the Application; that one owner, Pete Petrutiu, voiced objection to the plat that was presented in conjunction with the annexation and zoning petition but did not evidence a specific objection to the annexation or the zoning; other property owners presented concerns about the access in and to the proposed subdivision, concerns for safety, seeing that irrigation water was properly transported through the proposed subdivision, seeing that their own property could be developed in the future. 11. That the property is between Old Town and the Eastern Industrial Review Area and there is no specific designation in the Meridian Comprehensive Plan for the area within which the property to be annexed is located; that under Housing Development on page 25 and 26 of the Comprehensive Plan property inside the Urban Service Planning Area may be developed at greater densities than one dwelling unit per acre and it is the policy that a density of greater than 1 dwelling unit per 5 acres may not be exceeded outside of the Urban Service Planning Area. 12. That in the Rural Area section of the Comprehensive Plan it does state that land in agricultural activity should so remain in agricultural activity until it is no longer economical to exclude orderly growth and development. 13. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 14. That the property can be serviced with City water and sewer. 15. That the Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation District, City Engineer, Bureau of Reclamation and City Fire Department submitted comments and such are incorporated herein as if set forth in full; that the Ada County Highway District may submit comments and they shall likewise be incorporated herein. 16. That the R-8, Residential District is described in the Zoning Ordinance, 11-2-408 B. 1, as is the L-0, limited Office District described in 11-2-408 B. 5. and such are incorporated herein as if set forth in full; that the Applicant did not set forth the exact commercial designation requested and therefor no finding is made as to that zone. 17, That the Applicant's representative stated that Applicant intend to the all ditches included in the area to be annexed as part of the development of the subdivision and limited office and commercial property; that the Application indicates that, other than the areas to be zoned limited office and someletyfamily commercial, the development will be limited to sing dwellings. law and all lg, That proper notice was given as required by procedures before the Planning and Zoning Commission were given and followed. 19. That the Application ,notes that the legal description supplied with the Application was not based on a ground survey but Q~ ~p~p~l2d information. CONCt.U510N5 OF I.AW ~u~,.loro P.O. Bo+427 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's AM BROSE, F17ZGERA~O BCROOKSTON Attorneys antl Gounaeloro P.O. Boz 0Y7 Marltlron, Itle~o 83802 Telep~ona 888.0081 property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning use application contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant, with the consent of the owners, and the annexation lis not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 9. That the development of. annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements; that the Applicant will be required to connect to Meridian water and sewer; that the property will be subject to Site Planning Review and the Subdivision and Development Ordinance. 10. That proper and adequate access to the property is available and will have to be maintained, however the interior accesses may have to be adjusted to meet the requirements of the Meridian Fire Department and other concerns about access. 11. That the Applicant's property is not specifically included in a defined neighborhood as designated in the Meridian Comprehensive Plan but is located between Old Town and the Eastern Industrial Review Area; that it is concluded that the property is in compliance with the Meridian Comprehensive Plan since it is located closer to the Old Town Area than the Industrial Review Area and the proposal is in large part similar to the development of the Old Town area and therefore the Application is in conformance with the Comprehensive Plan and does not conflict with the Rural Areas policies. 12. Therefore, based on the Application, the testimony and AMBROSE, CAUl1961Cf6 P.O. Boxl27 evidence, these findings of Fact and Conclusions, and the Ordinances of the City of Meridian, it is ultimately concluded that Applicant's property should be annexed and zoned as requested; that the development of the. property shall be limited to single family I - ~ ~~ dwellings even though the residential portion will be actually zoned R-8, which does allow duplexes; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de- annexation if the single family residence restriction is not strictly adhered to and no dwellings other than single family dwellings shall be allowed and this restriction shall be noted on the plat of the subdivision; additionally the Applicant shall be required to submit to the City Council adequate legal descriptions of the property to be zoned in different fashions. 13. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 14. That the requirements of the Nampa Meridian and Settlers Irrigation Districts shall be met as well the requirements of the Bureau Reclamation and the City Engineer. 15. With compliance of the conditions contained herein, the annexation and zoning of R-8, Residential, with some property zoned limited office and commercial would be in the best interest of the City of Meridian. AMBROSE, FITZG ERplO fl OROOKSTON Attorneys entl Couneelon P.O. Boa 4R7 MMtllen, ItlMo 83842 tlso~one i188~4461 APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED l~-~, VOTED-_'~ f~~~ VOTED /'1 ~~ VOTED=/~/ VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends AMRROSE, FITZG ERAID b CROOKSTON Attorneys anE Counealoro P.O. Boz X27 Madmen.IENo eae~z rlplgne ss9~49111 to the City Council of the City of Meridian that they approve the annexation and zoning requested by the Applicant for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of law and that the Applicant be specifically required to submit accurate legal descriptions for the land to zoned in various fashions and to the all ditches, canals and waterways as a condition of annexation and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and no dwellings shall be constructed other than single family dwellings. MOTION: APPROVED: ~ DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - PAGE 8 MERIDIAN PLANNING & ZONING AUGUST 13, 1991 PAGE #6 ITEM #3: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT ON BENHAM SUBDIVISION BY B.W. A JOINT VENTURE: Chairman Johnson: I will now open the Public Hearing, is there someone from the applicant to come forward. Keith Jacobs, 7025 Emerald, Boise, was sworn by the attorney. Jacobs: We are asking for a rezone annexation of a parcel that contains about 61 acres. We are asking for 210 lots residential. The size of the lots will be seven to eight thousand feet. We have commercial and limited office that we are asking for. This project is between Fairview near Pine Street. We are planning to start on both ends and come into the middle thereby not having a problem with fire department coming in and only having one access for this particular development. We will work with the irrigation districts, Nampa-Meridian, Settlers, BLM and the City to the and meet the requirements. There is an existing sewer that runs through this project and we would implicate involvement meandering through here. There are some areas where we have to cross back lot lines to get from street to street. There is lot 35 that is proposed to be a park and that lot because of the sewer is unusable for building so we are proposing a park to betaken care of by the homeowners association. Rountree: Could you point out the various zoning requests that you are talking about on your map? Jacobs: Presented the zoning requests for the lots to the Commission. Chairman Johnson: Where is lot 35? Jacobs: (explained) Rountree: No comments from ACHD? Jacobs: We've submitted the traffic plan and that's who we are working with, I would presume they would be their standard comments but I'm not sure. I don't have any actual figures for traffic with me. Rountree: You've indicated you have some common area as well as the park that would be the homeowners responsibility, is the covenants and so forth empower the homeowners association to collect fees to take care of that so it doesn't become a patch of weeds? Jacobs: I would believe it would. Hepper: Do you have a time schedule? Jacobs: We would start this year, as soon as we can. Hepper: So you would break ground this year, do you know which phase that would be, the Fairview end or the Pine Street end? Jacobs: I don't know. Hepper: Is there irrigation ditches that run through there? MERIDIAN PLANNING & ZONING AUGUST 13r 1991 PAGE #7 Jacobs: Yes. Hepper: Would all other irrigation ditches back through there be tiled? Jacobs: Yes. Hepper: Is there any burros or landscaping proposed? Jacobs: At this time I'm not aware of it, just the park. I'm sure that there will be some landscaping required for the commercial and the limited office. Hepper: You also stated in your application that the minimum square footage would be 1200 sq. ft.? Jacobs: That's correct. Johnson: What would be the upper end price for the homes your planning? Jacobs: Referring to the application it would be $70,000 to $100,000.00. Crookston: Voiced concerns about the one access. What is the existing zoning on this land now? Jacobs: It's R-8 and RT now. Johnson: Anyone else to testify from the Public. Pete Petrutiu, 1295 Locust Grove, was sworn by the attorney. Petrutiu: Asked for explanation of where exactly commercial and residential will be. Voiced concerns that 210 lots is to many. Really does not agree with this. Johnson: Anyone else from the Public? Elenore & Rod Johnson, 8306 W. State, Boise, was sworn by the attorney. R. Johnson: Mainly we had trouble interpreting the map as to where our property was. We also have one acre of ground down here that we purchased which the canal and that sewer line has gone through. I want to make mention publicly that when they put that through there, we gave and received a written agreement with.. the people that put that through there that when we develop our ground we would have rights to tap on to it. We really don't see any problem. Our only concern is that provisions would be made for a middle ground reach that they do their thing and when it comes time for us to develops ours that their won't be a problem. Chairman Johnson: I'm sure you realize that we can't make any guarantees that would satisfy you tonight. I would think that this would be an asset to what you want to develops later. Crookston: Asked that the Johnson's show him on the map where their property is located. We need to have some kind of additional access points not only for this development but for possible future development. MERIDIAN•PLANNING 6 2ANING • AUGUST 13, 1991 PAGE #8 Dan Torfin, Hubble Engineering, 7025 W. Emerald, Hoise, was sworn by the attorney. Torfin: I just wanted to point out that there is a secondary access proposed that would align going easterly over to Locust Grove. Chairman Johnson: Anyone else from the public to testify? Ruth Crow, 8921 Sunflower Crt., Boise, was sworn by the attorney. Crow: I have a property that is adjacent to this and it has a drain ditch on it and it looks like there is 10 to 15 homes that are proposed that would just be right on the bank of this ditch, it's very deep and I feel it's very dangerous. I would either propose that they build a six foot high fence or meet the concerns about that somehow. Chairman Johnson: The irrigation district has addressed those same concerns. Crow: I'm also concerned about an exit to the west. I wondered how they are going to get that road out. Could it be possible for them to build a fence along Five Mile Creek? Chairman Johnson: That is something that the City will address. Anyone else to testify? Jackie Spangler, 11770 Goldenrod, Boise, was sworn by the attorney. Spangler: i was just wondering if they have thought about the impact the 210 homes will have on our schools. Johnson: There is a letter from the School District that states those same concerns. Anyone else from the public? Albert Chastain, E. Fairview, was sworn by the attorney. Chastain: My concern is about the irrigation ditch, as I understand it it comes right in between the property to be developed. They have addressed all the other ditches but they did not address the Farmer's Ditch. This ditch is not controlled by Nampa Meridian Irrigation, the farmers maintain it. Will these subdivisions going in get their water from that ditch or where will they get their water for their irrigation? Johnson: The City Engineer in his comments specifically states that there are some farmer type ditches that were not addressed, which means that they do have to address that. I believe that Mr. Jacobs has reviewed the Engineer's cotmients and have indicated to me that there are no problems with those. Jacobs: No problem. Johnson: Anyone else .from the public? Grant Lee, 3429 N. Cloverdale, Boise, was sworn by the attorney. Lee: If this is approved this would completly surround my property. Voiced concerns about roads, access, ditches. (TAPE ON FILE) MERIDIAN PLANNING & ZONING AUGUST 13, 1991 PAGE #9 Johnson: Anyone else to testify? Hearing and seeing no-one else I will close the Public Hearing. Rountree: We have some of the same concerns that we had at the last development that was just down the road from this one as far as access, small enclaves and the potential for additional enclaves, the potential for who knows what in the County in terms of industrial or commercial activities adjacent to a residential area. Explain to me what happens with the County on these commercial properties if commerical developments go in there and aren't annexed into the City. Clerk Niemann: I don't know that that is really zoned commercial under the county. I haven't checked on it. As far as I know all that is pretty much rural transition. Shearer: I don't think we can completely look at the impact on Pine and so on. It's the same story as every single development, the development comes first then the roads afterwards. We can't build the roads until after we have the development. The Motion was made by Shearer and seconded by Hepper to have the attorney prepare Findings of Fact and Conclusions of Law. Motion Carried: All Yea: The Motion was made by Hepper and seconded by Shearer to recommend approval to the City Council for the annexation and zoning. Motion Carried: Two Yea: One Nea: ITEM #4: FINDINGS OF FACT & CONCLUSIONS ON PROPOSED AMENDMENTS TO THE ZONING AND DEVELOPMENT ORDINANCES: Johnson: Anybody have any questions on these Findings? Rountree: It reads to me that there is no CUP in R-4, is that correct? Crookston: Yes. The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions of Law. Roll Call Vote: Hepper - Yea; Rountree - Yea; Shearer - Yea; Alidjani - absent. Motion Carried: All Yea: The Motion was made by Rountree and seconded by Shearer that the Meridian Planning and Zoning Commission hereby recommends t0 the City Council that the Planning and ZOriiDg COnunission's proposed Amendments to the Meridian Zoning and Subdivision and Development Ordinances should be approved and adopted. Motion Carried: All Yea: The Motion was made by Shearer and seconded by Rountree to adjourn at 9:00 P.M MERIDIAN PLANNING & ZONING SEPTII~ER 10 , 19 91 PAGE 2 The Motion was made by Rountree and seconded by Alidjani that the Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the Annexation and zoning requested by the Applicant for the property described in the application. Motion Carried: All Yea: ITEM #3: PRELIMINARY PLAT ON SUNBURST SUBDIVISION IF FINDINGS APPROVID: The Motion was made by Rountree and seconded by Shearer to approve the preliminary plat on Sunburst Subdivision. Motion Carried: All Yea: '~ ,. ~,: ITEM #4: FINDINGS OF FACT ON ANNEXA - '" ,,, . x The Motion was made by Shearer and seconded by Alidjani that the Meridian Planning and Zoning ConQnission hereby adopts and approves these Findings of Fact and Conclusions. Roll Call Vote: Hepper -Yea; Rountree -Yea; Shearer -Yea; Alidjani -Yea; Motion Carried: All Yea: The Motion was made by Hepper and seconded Commission hereby recoE[met~ds to „, ~; the annexation and zoning r~ by'the" Motion Carried: All Yea: ITEM #5: PRELIMINARY PLAT ON BF.~3A1+1 SUSDNiSI('~ IF FINDINGS APPRCn'7L~: The Motion was made by Hepper and seconded by Shearer to_approve the revised preliminary plat on Benham Subdivision and recommend approval. MOtlOn Carded: A~1 Y-.` ~,nra,~ w,~ %. ~, '"+ „~~+'~'="y qty ~ ~ . Sohnson: There ~i'Mee ~~ ~ ~~ '^ ~~ ~ o the Public Hearings. If you are represe~kW~r+~' ~ ~ - ~~ -,~ ', - ~, ~ t at the same time as Counsel ~~ .. ~ ve minut~ef>, with the exoeptionof the'app~i ~ ~ai~I"~"~~~an opportunity for ~~ rebuttal. ITEM #6: PUBLIC HEARING: REZONE REQUEST BY DORADO DEVEIAPMENT COMPANY: Johnson:l will now open the public nearing, is there someone from the applicant that would like to testify. Jack Rose, 3611 Gekeler Ln., Boise, was sworn by the attorney. Rose: Our proposal is to bring to Meridian a fourty four unit apartment complex and it's location is 324 Gruber. Presented photo's to Council. Each building covers approximately 2,052 sq. feet which equals twenty three percent of the entire area. MERIDIAN CITY COUNCIL OCTOBER 1,~ 1991 PAGE #3 LOCATID AT THE NE WRNER OF CHERRY LANE AND TEN MILE ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. Is there anyone who wishes Ordinance $558 read in it's entirety? No response. The Motion was made by Tolsma and seconded by Myers that the rules and provisions of 50-902 and all rules and provisions requiring that Ordinances be read on three different days be dispensed with and that Ordinance #558 be passed and approved. Roll Call Vote: Yerrington - Yea; Giesler - Yea; Myers - Yea; Tolsma - Yea; Motion Carried: All Yea: ITEM #4: APPROVE PRELIMINARY PLAT ON SUNBURST SUBDIVISION IF ITEMS 1 & 2 ARE APPROVED: The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat on Sunburst Subdivision. Motion Carried: All Yea: ITEM #5: PUBLIC HEARING: ~~~TION AND 7Q21iNG Wt+RR PARK 8[~D~ISIfl!#s'~.~.1f~`~~~ .,~.,... R~"~- ' Kingsford: At this time I will open the Public Hearing. Is there a representative present,, please come forward and be sworn. Don Hubble, Hubble Engineering, was sworn by the attorney. Hubble: I will briefly explain the project to you. This site consists of about 61 acres. We have proposed 210 lots,, we've got a density there of about 3.4 lots to the acre. We proposed a mixed use. The majority of the project is requested to be zoned R-8,, there are two portions there,. two small lots that are requested to be LO and the one larger parcel along Fairview is requested to be CG. The average lot size would be roughly 6600 sq. feet. We do have a proposed small park within the project. When we submitted the aplication we said the minimum sq. feet would be 1200, since then we have discussed with the developer of using the City's sliding scale home size and would like to maintain that option if possible. We have reviewed the Findings of Fact and Conclusions of Law and have a question with just one conclusion in that it says that all ditches within the project shall be tiled. We would request you to approve this by saying that all ditches,. all private ditches,. those not maintained by a public entity be piped. We would like the flxibility,, we may pipe some of them anyway upon their approval,, but we would like that flexibility to not have to pipe the ditches that are maintained by the public entities. Giesler: How many small ditches are you talking in this project? Hubble: I think just two that we would pipe for sure. Myers: The Fire Department is a little bit concerned too. Did you talk to anybody over there about the culdesacs down at the end with one way in and one way out. Hubble: I haven't talked to anybody at the Fire Department, I've talked to Jack. MERIDIAN CITY COUNCIL OCTOBER 1,, 1991 PAGE y4 Kingsford: How do you plan to phase this? Hubble: Right now the plan is to start from both ends,, the north end and the south end, and do approximately thirty lots on each end depending on which one sells the fastest, works towards the middle. Myers: The same old question. Have you talked to them about anything, because they are concerned about this many folks again as usual. Kingsford: There is going to have to be provisions made for schools. A donation of land or something otherwise development will come to a schreeching halt. Hubble: I can tell you this,, this particular developer is working with Meridian School District on another site. Tolsma: The only problem I see is that an open canal runs through all the back yards. It's an ideal place to dump grass clippings for the guy down the river. Kingsford: I'd be inclined to recommend against giving you the option to leave them open. I think they ought to be tiled. Is there anyone else from the public who would like to offer testimony? Dennis Baker, 3519 Grover Court,, was sworn by the attorney. Baker: I only wanted to speak in respect to the ditch situation. My concern on the ditches where there is a live ditch there is the factor of safety. I think that the privatly owned ditches should be tiled and we would have no problem working with tiling of the ditch on that basis. i would like Council to consider an enactment of an Ordinance that would just be a blanket ordinance to give some flexibility in working with the irrigation districts. These larger ditches that are maintained by the districts drainage be it or be it an irrigation district, I would plead with you to give us some consideration and flexibility because it has been working and it still works, as long as they .are fenced and fenced properly. As to Fire Department we are working to open the subdivision property up from the north side off of Fairview. If you have any questions I will be happy to answer them. Giesler: What's happen to our larger lots and bigger homes? Baker: We are building some. Most of these are going to be able to accomodate 3 car garages. Giesler: Why doesn't your project show us lots of 10,,000 sq. ft.,, what is happening to Meridian,, why aren't we getting that over here? Baker: I don't know that it's just a Meridian problem. Gave explanation. (TAPE ON FILE) Giesler: It seems like 80 to 858 of our subdivisions are all minimum. I'm getting tired of approving these small lots and these small homes. I don't know what it taked to MERIDIAN CITY COUNCIL OCTbBER 1,~ 1991 PAGE 1~5 get developers over here that will have larger lots and larger homes. Baker: It depends on the location. (TAPE ON FILE) Kingsford: Anyone else from the public who would like. to offer testimony? Rich Allison,, 1040 E. Pine, was sworn by the attorney. Allison: I think Bob's issue is a very valid issue with regard to lots in Meridian. First off if we look at Green Hills Estates,, those lots do average over 10,,000 sq. feet but they also cost between $23,,000 and $24,,000. We also have the same situation with Golf View Estates out on Cherry Lane. The average lot there probably exceeds 10,,000 feet and probably exceeds 24,000. - I also notice in reviewing the plat for Gary Hunemiller's Subdivision,, his lot size is fairly sizable,. and certainly exceeds the 8500 sq. feet required in an R-4 zone. What I'm saying is we are getting those kinds of homes,. they typically sell for $130,.000 to $140,,000 price range. What I really wanted to address is with regard to the school district. Under what we have evaluated in the School District if the house exceeds$76,,000 in value then it doesn't cost the district. It comes out about even with the average number of students you would expect from the average house within the district. If it's less than that then it costs the district money. Myers: So what you are saying then is with these subdivisions like for example this one, if those houses average around 1300 sq. feet then the district has no problem with it because it won't cost them any money for those to go in. Allison: That's basically correct. Kingsford: I'd be interested in how you came up with those statistics.. Allison: I got that from Nick Hallett. This has to do with the Meridian School District not about any other area. Giesler: The only thing I wanted to say is that they are building these subidivisions and homes in our neighboring conmtinities and that's why I'm asking that question. We are not getting that like we are in other areas and that has been a concern of mine. Kingsford: Anyone else that would like to offer testimony on this issue? Seeing none, I'll close the public hearing. Giesler: This looks like a nice project but about tiling the ditch does that questions have to be addressed at this time? Crookston: If you annex without dealing with the issue of the ditches at this time, once you have annexed then you have if you desire it you have no hold over the completion of the ditches. Because right now until tonight we don't have~a requirement for fencing or tiling or anything. We did at one time but that was taken out of the Ordinances. The only way that the City can request that is as a condition of annexation. Once they are annexed then they fall under the zoning ordinance itself and there is no requirement for it. The t'k+t~ion .was made bg Concluatons <f Lav. MERIDIAN CITY COUNCIL OCTOBER 3, 1991 PAGE #6 Roll Dell Yotat= Motion Carried: All Yea: ITEM #6: ORDINANCE Kingsford: BARKER, MORGNER, UNITED ARTISTS, WINCHESTER. AND FABRZCIUS ANNEXATION: AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS GENERALLY DESCRIBED AS A PORTION OF THE NORTHEAST 1/4 OF SECTION 7, R~WNSHIP 3 NORTH, RANGE 1 EAST, BOISE, MERIDIAN, ADA COUNTY, IDAHO, AND GENERALLY LOCATED ON EAST FAIRVIEW NORTH OF PINE; AND PROVIDING AN EFFECTIVE DATE. Is there anyone from the public who would like Ordinance #559 read in its entirety? No response. The Motion- was msr.~ by .6i~: ~" of 50-902 and all rules and provisi<~s to different days be dispensed withand.that Roll Call Vote: Yerrington - Yea;.. tbtia~ Carriodr 1123 ~[i~.: ITEM #7: APPRl~Y& APPEZd1/EDe ~ Motion was' made by .I~SiF-'~~1~~`Cisse #.O a tlyt }7C'i~ ~RLit on Benham Pack 3t~fivisian. Motion ciYdl j; All 'Yea: ITEM #8: PUBLIC HEARING: REQUEST FOR VARIANCE BY MERIDIAN SENIOR CITIZENS: Kingsford: I will now open the Public Hearing. Would a representative of this request please come forward and be sworn. Dale Ryan, 1603 W. 7th Street, was sworn by the attorney. Ryan: Our request is just for a variance from the setback requirement to build a walk in cooler and freezer to supplement the nutrition program. I have with me Cindy Anderson representing Central District Health for this matter. We would be able to buy in larger quantities and save money. Tolsma: Did you see the City Engineer's comments? Ryan: Yes I have and there is no problem with them. Eng. Smith: Gave explanation of right of ways. (TAPE ON FILE) Kingsford: I'm not sure we can grant a variance to build on the property that we don't have control over. I misunderstood I thought we were talking about allowing you to go into the setback and I don't have a problem with that. We can't authorize you to build in the right of way. I think the thing for you to dd Mr. Ryan is to approach the Highway District and see if there is a vehicle by which you could build there. .. . ~7GY~~ '... • ,. ; _. i' `1 A G E'E & M E N T =' 'THIS AfdtE$lB;NT, Made and entered tnto tb'ia ~rd_ dalr , of Fdb~iaary, 1.365, by -and between L: 'C. JONES imd'A;!!.'JO~. I~ hoaband n., wife, parties of, the first part, hereinafter called ,_ ~ ,~. >, Sellers, ~:nd MARTIN H. FABRICIUS and PATRICIA J.,,FAI~ICIUS, ,; ,, ~'_ r ~ R, husband anu wife, parties of the second pelt, hereinafter called, . .,~: Buyers, W "~ T N E S S E T H:- WHERsSS, Sellers are the owners of certain zeal propert7 ,,.. situated [:: Ada County, Idaho, particularly described ae follows: Lots numU<e.c One (L) and Eight (8) of Eaat Side Addition to th4 village oi: Meridian, Idaho, as the same ap~el~! a(i`"the official plat of s:~d Addition no~o on file in the office of the County Recorder <.: Ada County, Idaho. Togeth4r with any and all eater and irrig ~ :eon rights belonging "thereto 'aQd ' ditclie 6n'd laterals appertain'>ig. C~meiencYnF at the $W corner o!' tti~ `~`~f C. 7 .~':F" 33d, ~ 1B. , B.M:; ther,^_e lior"t"h S8 rods; theelde~E~at`3~1;' felt'fo the r~Eat~"point of beginn?~,g; thence continuing East ~~59 ^feet; L~f'iehCe South 297 '`" feet; the-ce East 660 feet; thence Norfh 695 feet; thence`i1esC 580 feet; ~henbe North 625 feet; thence West 439 feet; thence South 1023 feet ;.o the real point of beginning, togetlier with all`a~eter rights, d:.:ehes, laterals and reservoir rights thereunto belonging; Also a ra,:i right of way 25 leer wide to be kept open and un- obstructe' in any manner at all times on and along the South line of Block '.:~ of Cottage !Home 2nd Addition to Meridian, thence running oa and alo::g the East line of said Block 13 to a point 967-feet North°of !:~~e SH corner of the NE} of said Section`7, T.'3Df:'8. lE., thence co:,necting on the East aide of said roadway and eztendiag East to t:~~ land above described the North Iine of said`eztaneion, being' co~m.:on to the Northerly end `line of .the above porttdti ot;nid roed~ay rum~ing NoYth, seid estension`being 16"'feet wide; `all' o~ IEl4~'`hYove deacribedland being in Section 7, Township 3 North, Range 1 E: ;t, B.M. That'port'on of the NWT of NE~of Section 7, Townsiilp 3 lfortb,, Rage 1 E~:st of the''Eoise Meridian, deseribed`es'followse 'Begin- ning at a point 660 feet South of the''itor"ktheast corner of said Subdivision; and running thence Weat 5,80 feet; thence South, 625:,74 feet; `thence East S80 feet; thence North to the pLace`of`beshii~ag. ,.... ; _ . A triarig~.iar tract of land in the SW corner of the NEB NF.~, Sectipn 7, Township 3 North, Rsnge 1 EaBt, B.M., more,-particularly deecribec as follows: $sginnin~ at ;the SW:corne.r of the,NE~ NF.'~, Sectioq~7,.,T„ 3N.,., ,. . R 1H., S',M., thence East a distance of 150 feet to a~point; C~tence Nc -thwest , to .a point on the West ;link of~~~~ NB~C.~TB~: ,, , which poi~•t is 94 feet-North of the SW corner o ad d•"NE~~NB~; thence S•: th a distance of 94 feet to the SW corner of said NEB NE's, ..~e point of beginning. A G R E E M E N T ie Y~rr*ir~~*~*ir tle ie Th THIS AGREEMENT, made and entered into this ~_ day of 1976, by and between FRANK O. MORGNER and EVA MARLEEN MORGNER, husband and wife, hereinafter called SELLERS, and BRUCE K. WINCHESTER and MARTIN H. FABRICIUS, hereinafter called BUYERS: WITNESSETH: THAT WHEREAS, the Sellers are the owners of certain real property situated in Ada County, Idaho, particularly described as follows: The SE4 of the SW4 of the NE4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, EXCEPT the follow- ing described property: Beginning at the SE corner of the SE4 SW4 NE4 of Section 7, T. 3 N., R. 1 E., B.M.; thence North along the East boundary of said SE4 SW4 NE4 of said Section 7, a distance of 250 feet to a point; thence West parallel to the South boundary of said SE4 SW4 NE4 of Section 7, a distance o£ 95 feet to a point; thence South parallel to the East boundary of said SE4 SW4 NE4 o£ said Section 7, a distance o£ 250 feet to a point on the South boundary thereof; thence East along the South boundary thereof a distance of 95 feet, more or less, to the point of beginning. . ~ _ • SUPERINTENDENT OF SCHOOLS a. Nick Hallett ASSISTANT SUPERINTENDENT ~~ Dan Mabe, Finance DIRECTORS Darlene Fulwood, Elementary Bob Haley, Secondary Phit Peterson, Personnel JOINT SCHOOL DISTRICT N0.2 911 MERI DIAN STREET MERI DIAN,IDAH083642 PHONE(208)888$701 July 30, 1991 Mr. Jack Niemann Planning & Zoning Commission 33 E. Idaho Meridian, Idaho 83642 RE: Benham Park Subdivision Dear Mr. Niemann, This planned residential development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools does not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask that planning and zoning officials assist the district in obtaining support for a development fee statute on new home construction to help offset the costs of building additional school facilities. We also ask that the same support for school bond issues be required from developers and other interests seeking planning and zoning approval for residential projects. If this support is lacking then we ask that additional residential development be denied. School bus service may be restricted if adequate turnarounds and loading areas are not provided. Residents cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. Developers are strongly encouraged to provide walkways, bike paths and safe pedestrian access to schools. Sincerely, Nic~allet Superintendent of Schools br e. . ., • August 2, 199! MEMORANDUM l0: Mayor 8 Councilmen FROM: Gary D. Smith, City Engineer ~~~~ RE: Benham Subdivision Benham Subd. - 1. Annexation a. Subject property is contiguous to existing City limit boundary (Allison Property). b. Annexation description should be written to include the south 1/2 of Fairview Ave. and if at all possible should include the two parcels of property that are shown as "not a part". The result of not including these two pieces will someday be small enclaves. c. A 10" water line exists in Pine Ave. and along the north side of Fairview Ave.. Ultimate development of this subdivision should loop a water line to connect both 10" diameter lines. d. A major sewer interceptor passes through this subdivision and the preliminary plat shows the street layout to generally conform to the sewer alignment. The sewer line needs to be in the street right of way so in the northwest and southwest subdivision areas the interceptor needs to be relocated into dedicated street rights of way. Prelim. Plat - 1. Access from extreme west boundary into adjacent property? 2. Street name on the Fairview/Pine connecting road - ShellbrooN Way? all the way? 3. Need Street light locations for entire development. k. Reportedly Adkins Drain accepts some water at its upper end fro^ a pipe. I think Rich Allison is up to speed on this. 5. If a public agency is responsible for Adkins Drain it shall be piped under their specs. If not, it shall be piped using good engineering practices as concerns pipe type, clean out/junction boxes, etc.. 6. Rdkins Drain, Settlers Canal and Five Mile Creek, Creason Lateral are shown but not identified on the plat. 7. How will Settlers Canal and Creason Lateral be handled? 8. No mention is Bade of any existing smaller irrigation laterals or drain ditches - Are there any? The property owners of the piece identified as k1M came in and were concerned about delivery of their irrigation water and the location of a ditch on the common property line. 9. Engineer needs to ^eet w/Water Department Superintendent to layout a master plan of fire hydrants. 10. Subd. boundary description compares with the drawing except for two very minor discrepancies. 11. Show pressurized irrigation system. -2- i gaa:sg ~a F~ z f . _._ .. .. - -_ ~ :k [ 6a .. i ~ l~~.. ~ ._ - _ .7--__- ~ I \4 - _ l v ~ sj{'6 p p i - _L.. _. J ~%~At 3 ~, o o ~ ®~' ~ Pa; yy~a~1~ _. ~ 9 zs a- a s 6s u-a ~ fa ~~~ s~ 8 ~;fi: ~ p ~ _ _ ® ; ® ® i i i ~ i ' r~ . c 999 -p " "e 4 ~,4e~u ~B 6~i ~ ~~6k o •~ ~ ~ °~ ~ ®, ® S : ®~ pdp E4 ire fYVC ai\ ~P® .~ y!!'' ® ® ® 1 a F 1 ~ ® v - t.~ .,, a ~~~99 ~~~~~i~~ ~ ® ~ ® ~~- ;~'~® ® O 9~ ® ~~: ` \ _ ` ~ ~ ® ® © ~ e 0l~ ®~ I © ~ , .p >• - ~ ~ . - o~~f Q ~ © i©ep a®a0 .® . ~ `® © ' ~ ~I ff _ i ® p &s ., b I c. R z flY ~ - O ©F~, -4 ~ ~ © ~l -®~ - ~ ~ YY 5 ~y , ~ ® '-^ ~ ~' ® I . ~ ~ - I i r i'~i ~ ' ~I ® arc ' ~ ~ ' p --_ .roe ~ i ® e k " ~ ~ Fj ~ _ K k ~ ~ ~~ i n b _ ~ ~ < i M1 r Z ~~ ll ~. h ` . :>a,6 e ..d..o,.,, n~ ..,, e A. CENTRAL DISTRICT HEALTH DEPARTMENT ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET 1. 2. 3. 4. 5. 6. Rezone # Conditional Use Return to: _ Boise Eagle ~_ Meridian _ Kuna ACZ We have no objections to this proposal. We recamend denial of this proposal. Specific knowledge as to the exact type of use must be provided before we can cament on this proposal. _ - We will require more data concerning soil conditions on this proposal before w~ can comment. We will require more data concerning the depth of (high s~sonal growd water)(solid lava) Fran original grade before we can cament concerning individual sewage disposal. We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava Tayers. 7. L/ ~We/can approve this proposal for: I/ Central sewage Interim serge Individual sewage _ Canmiuti.ty sewage system and /Central water Individual water _ Camnmity water well. 8. ~/ Plans for // Central sewage Carmuiity sewage system Sewage dry lines, and C6ehtral water _Cameinity water must be submitted to and approved by the Regional Health and Welfaze Environmental Services Field Office. 9. v Street rwoff is not to create a mosquito breeding problen. 10. _ Ibis department would recamend deferral wtil high seasonal growd water can be determined if other considerations indicate approval. 11. _ If restroan facilities are to be installed then a sewage systan ~1' be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be subnitted for a plan review for any (food establ.islenent)(beverage establistment)(swimning pools or spas)(grocery store). 13. 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Vl r 70r r~~yy C~jS m yOHy NO H O O~ a ~ w~~ ~~ ~~ ~ ~ ~~~ r ro .. i i33i 3 m 3 ~ T+ 4 m ~Z ro a L] ~+ H r w r ~~ ~rs~ ro m H N ~ I~ y ~~ r Y K r J r r R1 M NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning & Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, August 13, 1991, for the purpose of reviewing and considering the Application of BARER, MORGNER, UNITED ARTISTS, WINCHESTER, and FABRICIUS, joint applicants, for annexation. and zoning of approximately sixty-one point four (61.4) acres in a portion of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and is generally located on East Fairview North of Pine. That the Application requests annexation with zoning of R-8 Residential, L-O Limited Office, and CC Community Commercial. Further, Applicants request a Preliminary Plat of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, for 210 lots for Benham Park Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. ~-- DATED this~a day of ~ ~ n! /,c~ , 1991. J AMBROSE, FITZGERALD B CROOKSTON Attornaysand Counselore F.O. Bov d9 Meritllan, Itla~o 83812 a.nnonn gge.1181 „~ ENGINff. ` 9s RUBBLE ENGINEERING, INC. =ti~:" 7025 Emerald • Suite 200 Boise, Idaho 83704 SURVEi TRANSMITTAL LETTER clr~ G 1,~[z.j~ Attn: L1 DATE: • (208) 322-8992 • Fax (208) 378-0329 Job No.: Project: ~ ~~~~ M ~~~ WE ARE SENDING YOU: ^ As Requested ~^ Attached ^ Under Separate Cover, Via FOR YOUR: ^ Use ^ Information B Record ^ Bidding ^ Review and Comment ^ ^ Cost Estimating THE FOLLOWING: Prints ^ Specifications ^ Plans ^ Samples ^ Shop Drawings ^ ^ Copy of Letter Copies Date Sheet No. Description / y I ~~ / ~ .n T REMARKS: I n ' I ~p d~ W -f- a. -Y1~ ~}'v-> e ~ c.K.t.~.~e~0 ~~ Gtt~l.(t1 ~- p ~-a~J~. ~ 11,Q,(~ ~. ~cl.l~t/v~-~.IMI'' a~-rA Copy To: V ~ ^ With Encl. ^ With Encf. ^ With Encl. By: Signed: ~~ , I ~. SI~IVISION EVALUATION SET Proposed Development Name BENHAM PARK SUB City MERIDIAN Date Reviewed 8/01/91 Preliminary Stage RXR.4R.4R Final Engineer/Developer Hubble En2r./B.W.. Inc. Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirem/ents of the IDAHO ST E COD ~,~~ ~,~~ ~5 2~19~1£19) Vt~i /~ ~•~ G7 C ~l x. _ i ~ Date _1 //~~ The Street name comments listed below are made }Sy the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of t}~ Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "E. PINE STREET" "E. FAZRVIEW AVENUE" The following new street names are ap proved and shall appear on the plat as: "N. DRUCKER PLACE" "N. SANDLIN WAY" "E. FORDNUM STREET" "N. SHELLBROOK WAY" "E. KILLDARE COURT" "N. SHIRE PLACE" "E. PERNITH STREET" "N. STONEHENGE AVENUE" "E. PETERSBURG STREET" "N. STONEHENGE PLACE" "WESTBURY" cannot be used because directions are attached to all new street names. Please choose another name and have it approved by the street name "MORAINE" cannot be used because it already exists within Ada County. Please choose another name. Please choose another name for the street that is in the west side of the proposed "SHELLBROOK WAY" and connects with the proposed "SANDLIN WAY" and have it appear on the plat as: The above street nam~omments have been read and ap~ved by the following w agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the -, signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COIINTY STREET NANE COMMITTEE, A~~CY~PRES PATIVES OR DESIGNEES/ Ada County Engineer John Priester ~: ~- v Date ~ / /~ /' ~ / Ada Planning Assoc. Terri Raynor / : ~ E Ltv ~ ~~, it--Date (~ 1 ~ll v ,, Meridian Fire Dist. Representative ' Date NOTE: A copy of this evaluation sheet mnst be presented to the Ada County Engineer at the time of signing the ^final plat^, otherwise the plat will not be _ Sub Index Street Index Map BLOCKS ok un/less development is to be done in ohases ,% c~~vlire.-~c'u,L! f'GIGl1 l~a~~G~/~fiu/C~'1 .'/"Ze''G',1t4-S ~~Ec~:1//Eii / ~~" r/ ~~ ~%/ ,\~ ENG~Nft. `/~9" RUBBLE ENGINEERING, INC. h 7025 Emerald • Suite 200 Boise, Idaho 83704 ~~ SunvE"Oe TRANSMITTAL LETTER To: GI}~ a ~ h/( E(~A D' 4 G ~ 't`~ G c.~ ~..~ Attn: DATE: ~ , ~~ (208) 322-8992 • Fax (208) 378-0329 Job No.: Project: ,~• ~ _ WE ARE SENDING YOU: ^ As Requested ttached ^ Under Separate Cover, Via ^ ~omment ^ Bidding ^ Cost Estimating ^ Is ^ Samples ^ Copy of Letter Description 'lz x I i CoP With Encl. With Encl. With Encl. ey: Signed: h _ / ~ NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, October 1, 1991, for the purpose of reviewing and considering the Application of BAKER, MORGNER, UNITED ARTISTS, WINCHESTER, and FABRICIUS, joint applicants, for .annexation and zoning of approximately sixty-one point four (61.4) acres in a portion of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and is generally located on East Fairview North of Pine. That the Application requests annexation with zoning of R-8 Residential, L-0 Limited Office, and CC Community Commercial. Further, Applicants request a Preliminary Plat of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, for 210 lots for Benham Park Subdivision. A more particular legal description of the aboae property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. ~~,,~ DATE D t his/~ d a y o f~"'"'"~`~"_'~ --.~, 19 91 . AMBROSE, PIT2GERALO B OROOKSTON Attorneys and Coonaelors P.O. Boz 42T Marldien, Idaho B3S42 TsleDhona BB8~4481 ,`~ ENGIN pF (i 9N :Oy NUBBLE E GINEERING, INC. ..~~, 7025 Emerald Suite 200 Boise, Idaho 83704 SUAVE TRANSMITTAL LETTER \I (208) 322-8992 Fax (208) 378-0329 DATE: Gj _ `a , of I Job No.: Project: ~~~~ t,/ddDS 7 Under Separate Cover, Via ~ Bidding ^ Cost Estimating 7 7 Samples ^ Copy of Letter 7 Description ~ -rr ~-D, J ~A_P:PM- /1. -tv .df~-Owl-' 1 wC7 u By: Signed: ~'/ I~I V To: c I ~ Y cF Mr/ILpt C I j ~ GL~wZ IL i B & W, INC. REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT BENHAM SUBDIVISION COMMENT S 1: ADA COUNTY HIGHWAY: NOTHING RECEIVID: 2: CENTRAL DISTRICT HEALTH: CANN APROVE WITH CENTRAL WATER & SEWER: 3: NAMPA MERIDIAN IRRIGATION: SEE ATTACHID: 4: BUREAU OF RECLAMATION: SEE i.FTI'F:R ATTACHED: 5: SF`~'~'~•~'S IRRIGATION: SEE i.FmrFR ATTACHED: 6: MERIDIAN SCHOOL DISTRICT: SEE i•FmrFR ATTACHID: 7: U.S.WEST: NEED NECESSARY EASII~IENTS ATIJNG FRONT, SIDE AND REAR PROEPRTY LINES: S: CITY INGINNEER: SEE ATTACHID CONP'JE[VTS: 9. POLICE DEPT: NO PROBLEM, NEID INE'ORMATION ON ALL BOUNDARY FENCS: 10: FIRE DEPARTMENT: WE DO NOT LIKE TH LAYOUP OF THIS SUBDIVISION, T'00 MANY CULDESACS IN THE REAR OF THIS SUBDIVISION. ONLY ONE ROAD IN & OUI' OF THIS SUBDIVISION UNTIL SUBDIVISION IS COMPLETELY BUILT. MERIDIAN IS APPROVING TOO MANY SUBDIVISIONS, FIRE & MEDICAL UNITS CANNOT KEEP UP. 11: IDAHO POWER: WE REQUIRE 10' WIDE EASII~NT ALiANG ALL LOTS ADJACENT TO THE ROAD.RIGHT- A-WAY DIDICATID TO PUBLIC OR PRIVATE USE: 12; SEWER DEPT: WILL COM[4ErTP WHIN CONSTRUCTION PLANS ARE SUBMITTED: 13: PUBLIC HEARING HELD BEFORE THE PLANNING & ZONING CGMMISSIGN ON AUGUST 13, 1991, FINDINGS TT BE PREPARID: 14: AT PLANNING & ZONING MEETING HELD SEPTII~ER 10, 1991, FINDINGS WERE APPROVID & PLANNING & 20NING C~SSI~I RECO~IDID THIS REQUEST BE APPROVID: (COPY OF FINDINGS ATTACHED: III ~~ I I" I I" I~ I IA I I I In I I I Iro I IpW7 ~~7 Qty y 4 g 9 ro Y D D~ ~ n O W G1 r H m r to [i7 3 N C Y 1 r " rl b E t!~ [*1 O r-I I••I 0 L+7 ~I C Fb 4 " r ~ " ~i ~ ~ m ro y ~' ~z ~ H ~ ro z G~7 m r+ ~ C~ m •~ Z ~ 3 ~ c"ir 1=1 ~ O H ro ,gy,~pp % Z H Z "£ H O" rom Z q ~ . £ Y 3 ~ z y H r~ 3 c`n ~ ~ z y v °7 v .3 q o y ~ r o Uzi cm-• r ~ z"v7 Y ~ C7 _ £ H ro yi ~ ~ z o ~ o o ~~ r z 'e ~ m ~ ~ m K ~ c Q ~ ~ T 3 r ~ , ~ 1O O 07w H o rnw y9 n wort r-im na ~,._ ii. ~ b H I n m a c I w n rt << c r-. ~ yr- E 2 r• n w'O b r• m E a (/) ~, T w w w a a m con rn o0 o a ~ Cr1 x~ ~< v g m m ro zoo w o 9 o w ~f ~ i Ho a ~o n w m o g m n r• r- r• < ... m n o r n rt •a n m o w m m ~ •,~ ~ 2 ~ o n< a• o w x w n a •o g N m a c w 'u r~ n m n v c-. 3 • n H 3' m a o a• a m d o a r r• m m n G P r• o r• r• ` I F-' o m r• g m S (~ r• !+ w r- n o ~o n M 0.C n o n n Hb O n d F-' (D O r• m O. rt r• (D fD r• w w n W fnD ~ ~'* O S ~. ~ 0. n F r' E Y w 7 n r, m w r+ y m w Q0 a a n a fD lf~ b 9 n rt n 2 `< n rt rt r• H N r-• d cr' rn 9 I O '3 w r~ w -• n n n r r• m w< o a ~~j yy _ '[FZr-J71 g rD oo n n n m n m ron zz ~Syy ~~,~ b 7 w rt W r• g r' rt 0 fD a I y zZ w ~ n rt O oo C w n 0' c E m y CC+7 H r< tr1 0 m " •'a b d n r• ~. w m rt r• rt 0. O w m tq (/1 I._, t+ !~ a+ 0 0 o rn H ~* n N n w n ~ << .. (~ QQ ~ ro 5 z ((eeJJ w 7 S N S r• n rt r• w w " ,T'1 ~? V1 z0 n a m m o n w a r• eo r• H 4~ y p a O O b H" ~ yC ~ H m 7 d rt a O r 0. n a 0 7 0 C ~~C< C LL77++~yii n" g r• 9 n g N m a w r• n, a .-~ ~ O K] ro m O ro r•''3 m m a rn r• d b m ov y o Oo << H Z H' ~ n~ qro Yl . P. 7 rt p, n 00 r• r w r• m m n H Iy-~ (] z r ~ rt n N O a' N `< a 0o n, v g n N~ U] ro r< ~ ~y w r~ n g rt rt 0. 7 n g w a• io ate. O n y I n E N O G O rt N ~ 0 ~ ~" N p Q n rt o rt o r• r~ E a g m n r• ~ "~~ " .. (/1 p z<~ ~U H ~ r-i ~ a S n, n rt w n o ur Z ® H n y n O I rt a'm m z v a o ~0 ~5 ~~ J C ~H ~. ry~p N nx a'ro E - n w w o'S G ~ 3~# r~ ~~p ~Z~ F3"Z a+ rm w o. n n w N H m a g m o n rt C] ov ~ a m m << a a. v a o a• w'~ w i w a a w E w n m a Z m '~' v O ~' ~•-I ,-, cn m o r• rt o a S w w m rt w O ro~ `~ ~~ o rn~ b7 " O H r~ rnr-m n,~ o~c a R^ rt ww a r o~ o rn.-n r• m a w wn a y ~i y w~ r17 ay z G~ a rnw rt a n ~r•t~rt [nv I-a x m a' m o goo m a l E y l7~ n O fD w fD 0.C n n fD - ~. N y Z ~ 'p r H G7 w r r• n a n p m m m r• a. r o m ~ ~.Si I..I , j ~ C~ w m oo m x n n w a ~ a' ^ •• rb~, ~•~ ~ ~ ° w a~ " a ° • w United States Department of the Interior BUREAU OF RECLAMATION CENTRAL SNAKE PROJECTS OFFICE 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 IN REPLY RF.EER i0: 320 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 August 5, 1991 Subject: Review of Benham Park Subdivision Preliminary Plat Designed by Hubble Engineering (Zoning Review) Dear Meridian Planning & Zoning: This subdivision's storm water will run off into Reclamation's Five Mile Drain, operated and maintained under contract by the Nampa- Meridian Irrigation District. All storm water discharges to, structures on, or uses of the Federal easement require a permit from Reclamation. We request prompt Reclamation and Nampa-Meridian Irrigation Dis- trict review of storm water drainage structure design. Assuming BMP infiltration/detention and treatment satisfactory to Reclama- tion and the Nampa-Meridian Irrigation District, Reclamation can then issue a discharge permit. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, , / /,, ~ l/Jerrold D. egg Project Superintendent cc: Manager, Nampa-Meridian Irrigation District Pat Dobie, ACRD Sf~LERS` IRRIGATION DISTI~T P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 August 7, 1991 Meridian Planning & Zoning 3:3 F.:ast -Idaho Meridian, Idaho 83642 Rey Benham Park Subdivision To Whom It May Concern= After reviewing the preliminary plans for the above mentioned proposed subdivision, the Board of Directors of Settlers :Crrigal:ion District have concluded that they have no objections to i;he plans as presented. Troy Upshaw, Manager for the District, has been in contact. with Uan Torfin of Hubble Engineering and Uan has stated that they will be working with Settlers to insure that proper access is retained for maintenance purposes. We will require a 25 foot easement. from the center of the ditch on both sides of the canal. In addif,ion, due to the safety concerns expressed by the City of Meridian in the past and occupants of subdivisions where canals cross through their property, Settlers requests that the developer pipe the canal in any areas where the canal will be exposed allowing children easy access. It has been our experience that fences are not an adequate deterrent for determined young children. It has also been t:711Y experience: that. Settlers bears the-: brunt of homeowners frustrations in subdivisions with open ditches after the far.,t. We wish to make it perfectly clear that it is the City of Meridian and the developers responsibilities, at THIS time, to take into account the safety of children who will live in subdivisions with open ditches. If you have any Questions, please phone me at 343-5271. Sincerely, Troy Upshaw, Manager Settlers Irrigation District cc: Hubble E'_:ngineering, Inc. TLU/vrk United Artists Realty Company 4700 South Syracuse Parkway Suite 1100 Denver, CO 80237 (303)779-5999 FAX (303) 220.9128 A ~1.1~~ 111 ~r' VIA FEDERAL EXPRESS July 12, 1991 Mr. Jack Nieman City of Meridian City Hall 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Mr. Nieman: Jim J. Anchustegui Senior Vice President Regional General Manager As owners of the Meridian Drive In property (legal attached), we are requesting annexation in cooperation with Mr. Dennis Baker's proposal for development. Thank you for your consideration in this matter. tl,,~~ ` Very tru y yours, /~` S/ UNITED TIS R LTY COMPANY X111 ~ ~~ o P i'; ~~ ~~ Ji J. Anchustegui 1, 'c esident, Region General Manager ~ `/ / JJA/bw On this 12th day of July 1991, before me personally appeared Jim J. Anchustegui, Vice President of United Artists Realty Company. My commission expires May 29, 1994 Billie L. Winthers, Notary Public 4700 S. Syracuse Parkway Suite 1100 Denver, Colorado 80237 • • Z:XI-iSI31'1 "A" 11511 EAST FAIRVIEW AVENUE MERIDIAN, IDAHO LEGAL DESCRIPTION COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7, A POINT MARKED BY A BRASS CAP; THENCE ALONG THE NORTH LINE OF SAID SECTION 7, NOY2TH 89'28'06" WEST 347.91 FEET TO A POINT; THENCE LEAVING SAID SECTION LINE SOUTH 0'26'54" WEST 29.07 FEET TO THE POINT OF BEGINNING, A POINT MARKED BY A 5/8" IRON PIN, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE AS SHOWN ON PROJECT NO. F- 3281(5) ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO; THENCE SOUTH 22'23'00" WEST 87.14 FEET TO A POINT MARKED BY A 5/8" IRON PIN; THENCE SOUTH 0'26'54" WEST (FORMERLY SOUTH) 326.80 FEET TO A POINT IN THE CENTERLINE OF A DRAIN DITCH AS IT NOW EXISTS; THENCE ALONG THE CENTERLINE OF THE DRAIN DITCH THE FOLLOWING COURSES AND DISTANCES: SOUTH 84'44'00" WEST 339.00 FEET TO A POINT; THENCE SOUTH 83°29'00" WEST 36.35 FEET TO A POINT; THENCE SOUTH 71'42'00" WEST 49.80 FEET TO A POINT; THENCE SOUTH 65°02'00" WEST 180.40 FEET TO A POINT; THENCE NORTH 80'50'00" WEST 24.30 FEET TO A POINT; THENCE NORTH 35'44'00" WEST 38.50 FEET TO A POINT; THENCE NORTH 14'47'00" WEST 35.78 FEET TO A POINT; THENCE LEAVING SAID DRAIN DITCH NORTH 0'24'15" WEST (FORMERLY DESCRIBED AS NORTH 1'09" EAST) 470.16 FEET TO A POINT MARKED BY A 5/8" IRON PIN, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE; THENCE ALONG SAID RIGHT OF WAY SOUTH 89'32'15" EAST 679.19 FEET TO THE POINT OF BEGINNING. All of the above is located in Northeast quarter of the Northeast quarter of Section 7, Township 3 North, Range 1 L•'ast, Boise Meridian, Ada County, Idaho. e • • July 16, 1991 Mr. Jack Niemann City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Annexation Request I hereby request that a portion of ground located within the proposed Benham Park Subdivision (see attached property description) be annexed into the corporate limits of the City of Meridian. .LSn.~~ Dennis M. Baker STATE OF IDAHO ) )ss COUNTY OF ADA ) On this ~ day of 1991, before me, the undersigned, a Notary Public in said State, personally appeared Dennis M. Baker, known to me to be the person whose name is subscribed within and acknowledged to me that he executed the same. In witness, I have hereunto et my ha d nd affixed my official seal the day and year in his certi is to first above written. ~ ~ ~ . No any Publ c f r Idaho Residing at _ My Commission E pines ~ DAT/bb 940.1tr July 16, 1991 Mr. Jack Niemann City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Annexation Request I hereby request that a portion of ground located within the proposed Benham Park Subdivision .(see attached property description) be annexed into the corporate limits of the City of M ridian. .RICHARD ALL STATE OF-IDAHO )ss COUNTY OF ADA ) On this _~'~`"_ day of July , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared RICHARD ALLISON- known to me to be the person whose name is subscribed within and acknowledged to me that he executed the same. In witness, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) C / ~IOtary Publicfor Idaho Residing at Meridian, Idaho My Commission Expires DAT/bb 940.1tr • July 16, 1991 Mr. Jack Niemann City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Annexation Request I hereby request that a portion of ground located within the proposed Benham Park Subdivision (see attached property description) be annexed into the corporate limits of the City of ian. -1 ONI ALLISON STATE OF IDAHO )SS COUNTY OF ADA ) On this day of July , 1991, before me, the undersigned, a otary Public in and for said State, personally appeared TONI ALLISON- known to me to be the person whose name is subscribed within and acknowledged to me that he executed the same. In witness, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ovary Public for Idaho Residing at Meridian. Idaho My Commission Expires~~yi~~i~ DAT/bb 940.1tr • July 16, 1991 Mr. Jack Niemann City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Annexation Request I hereby request that a portion of ground located within the proposed Benham Park Subdivision (see attached property description) be annexed into the corporate limits of the City of Meridian. EVA MARLEEN PAORGNER ~' STATE OF IDAFIO )ss COUNTY OF ADA ) On this ~~~ day of July , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared EUA MARI,EIN MORR~ft known to me to be the person whose name is subscribed within and acknowledged to me that he executed the same. In witness, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) at Meridian ssion Expires DAT/bb 940.1tr • July 16, 1991 Mr. Jack Niemann City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Annexation Request I hereby request that a portion of ground located within the proposed Benham Park Subdivision (see attached property description) be annexed into the corporate limits of the City of Meridian. ~ I~~1RTI~ FAB~~ U~ STATE OF IDAHO )ss COUNTY OF ADA ) On this day of July 1991, before me, the undersigned, Notary Public in and for said State, personally appeared MARTIN H.' FABRICIUS known to me to be the person whose name is subscribed within and acknowledged to me that he executed the same. In witness, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at M r~8 My Commission Expires~~/ / DAT/bb 940.1tr July 16, 1991 Mr. Jack Niemann City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Annexation Request I hereby request that a portion of ground located within the proposed Benham Park Subdivision (see attached property description) be annexed into the corporate limits of the City of Meridian. BRUCE K. WINCHESTER STATE OF IDAHO )ss COUNTY OF ADA ) On this ~~ day of 7ell, , 1991, before me, the undersigned, a Notary Public in and for said State, personally appeared BRUCE K. 'WINC:HESTER known to me to be the person whose name is subscribed within and acknowledged to me that he executed the same. In witness, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) otary Publi for Idaho Residing at Meridian, Idaho My Commission Expires,,i~~~~ DAT/bb 940.1tr Eva ?darle~n Mor~ner 201, F. 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G n n m ._ c, m Y Y• n a n d rD m m Y~ cL r o m n ~ xw o x w rt y a rna• rt n Y•~ rt t I a E Y, m w a w a n ~ In I w ~ a a rt~ F w I~ I I~ I C7 I ~ I~ I ~ N ~ H ~ ~ y ro ~ z ~ ,~.v l • s r r^- s. < ,. ' ,- s 1 x H9 O °Q yHS~ LTJOy Ix tH fS'.~z~ m ~ `72 m II g yn ~~m O H5 F, z H b p ~ '00 q, OH•7 ° ,..,, ro ~ n z v m ~~ y~ ~~~ C~mro N ~ = r r z° H .. ~ ~ ~ ~ ~~~y~ ~~~ m yHH tv~~ FyI ~ ~ w ~ ~ ~ r ° ~ ~~ z ~ ~~~p~+ ~ ~ ~ m E H r O H H ~~3 Rf ro rn ',i7 z m O G] H °z 4 ~ [y08 3 r yH Z H H H w r r ~ro H ~~ roH ~~~ H °v K r r r w W rn O H1 Ov • • p~~~ UHF yP~~~~-~~:~ United States Department of the Interior ,~; ~ ip o, ~„~ BUREAU OF RECLAMAPION /'~ CENTRAL SNAKE PROJECTS OFFICE 214 BROADWAY AVENUE BOIS E, I DA H O 83702-7298 n erv~ Y k @I71N lT 1. 320 August 5, 1991 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 Subject: Review of Benham Park Subdivision Preliminary Plat Designed by Hubble Engineering (Zoning Review) Dear Meridian Planning & Zoning: This subdivision's storm water will run off into Reclamation's Five Mile Drain, operated and maintained under contract by the Nampa- Meridian Irrigation District. All storm water discharges to, structures on, or uses of the Federal easement require a permit from Reclamation. We request prompt Reclamation and Nampa-Meridian Irrigation Dis- trict review of storm water drainage structure design. Assuming BMP infiltration/detention and treatment satisfactory to Reclama- tion and the Nampa-Meridian Irrigation District, Reclamation can then issue a discharge permit. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, i, \C , r L~~~ ~ ~' 'Jerrold D. egg Project Superintendent cc: Manager, Nampa-Meridian Irrigation District Pat Dobie, ACHD S~LERS' IRRIGATION DIST~T P.O. BOX 757'1 • BOISE, IDAHO 83707 PHONE 344-247'1 Augrrsi "7 , 1991 Met i.ciian F~lanning FS- Zfaning 3~3 E::rtst Idahr_i ME*r:i.diar',, 1Eiaho F33642 Re: L3enham Park SubEiivision To Whom :I: 1: May Ccmcer"n After' revi.ewi.ng the prE:.liminary plans i-or the above menT.ioned taropased s>ubd.rvision, i;he t3E:,ard [7't' C71re'C:"toYS ofi Sr.t.t:i.erss :I:rrigation Eris.>trirt have canrlud[d T,ha't thr=_y havE: no nh,jE=ct,ions t.o the plans as presented. Troy Upshaw, Manager for the District, has been in contar..t with Uan Torfin of HubblE~ F:ngineerl.ng and Dan has staY.ed that they will bE:: working wiY.h Settlers to insure that proper access is rE:t:ained for maintenance purposes. We will requirE: a :`~, foal easE:meni: from the renter of the dif.E;h on both sidE:~-> cf the canal. I:n adci:i."ti.ort, due t:o thE: safety concerns expressed by t: he t'i.ty of Meridian :ir'ft:he past and occupants of subdi.vi.sions Wtl r'r"f' E:; r3na:t s Gr"t)S:> tl1YOLL9t1 'I: t'le 7. Y' pY OpeYty, SI?tt lets YP.gtAP..E`.,t .'> tha'I: t:hE, de=:vc:l.nper pipe: the canal in any areas where the r::,inal. wi.:l.l. bra exl:~osed allowing children easy access. It has k)r:en at.)r expE~ri.enre that fences are not an adequate dreterrrn"l; fior detE~rmi.ned young children, It has also been our extae?rlfr:nCe that. Settlers bear's the brunt of homeowners frustrsti.ons, i.n sutn-iivi.si.ons with open, dztchr~s after the facf,. We wimah to make :it perfierr.lyr.aear' that it is thE~ Gil.y of Meri.di.an and the dr.:.ve:topers resprrnc>rbilities, :it 'I"N 1:5> tame, 'to takr-~ i.nto account the safety of children who wi.l.l. Give i.n subdi.vi.sions wiY.h open ditcher>. If you havr:, any guest ions, please phone me at 3q3--S~71, F>:i.ncer'el~ ~W U~ I7oy _. t_1Fa;;t'uaw, Manat~r°r Settae=ra:> l:rr:i!:d:ati.on District cc: tlubhae E::ndiner_'~r.i.ng, Inc. TI_..I1/vr k • SUPERINTENDENTOFSCHOOLS Dr. Nick Hallett ASSISTANT SUPERINTENDENT Dan Mabe, Finance DIRECTORS Darlene Fulwood, Elementary Bob Haley, Secondary Phil Peterson, Personnel JOINT SCHOOL DISTRICT N0.2 911 MERI DIAN STREET MERIDIAN,IDAH083642 July 30, 1991 Mr. Jack Niemann Planning & Zoning Commission 33 E. Idaho Meridian, Idaho 83642 RE: Benham Park Subdivision Dear Mr. Niemann, PHONE (208) 888-6701 This planned residential development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools does not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask that planning and zoning officials assist the district in obtaining support for a development fee statute on new home construction to help offset the costs of building additional school facilities. We also ask that the same support for school bond issues be required from developers and other interests seeking planning and zoning approval for residential projects. If this support is lacking then we ask that additional residential development be denied. School bus service may be restricted if adequate turnarounds and loading areas are not provided. Residents cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. Developers are strongly encouraged to provide walkways, bike paths and safe pedestrian access to schools. Sincerely, Nick~~t~~ Superintendent of Schools br ~~ August 2, 1991 MEMORRNDUM l0: Mayor 8 Councilmen FkOM: Gary D. Smith, City Engineer ~~ RE: Henham Subdivision Henham Subd. - 1. Annexation a. Subject property is contiguous to existing City limit boundary tRllison Property). b. Annexation description should be written to include the south ]/2 of Fairview Rve. and if at all possible should include the two parcels of property that are shown as "not a part". The result of not including these two pieces will someday be sma]1 enclaves. c. A 10" water line exists in Pine Ave. and along the north side of Fairview Ave... Ultimate development of this subdivision should loop a water line to connect both 10" diameter lines. d. A major sewer interceptor passes through this subdivision and the preliminary plat shows the street layout to generally conform to the sewer alignment. The sewer line needs to be in the street right of way so in the northwest and southwest subdivision areas the interceptor needs to be relocated into dedicated street rights of way. Prelim. Plat - 1. Access from extreme west boundary into adjacent property? 2. Street name on the Fairview/Pine connecting road - Shellbrook Way? all the way? 3. Need Street light locations for entire development. 4. Reportedly Adkins Drain accepts some water at its upper end fro^ a pipe. 1 think Rich Rllison is up to speed on this. 5. If a public agency is responsible for Adkins Drain it shall be piped under their specs. If not, it shall be piped using good engineering practices as concerns pipe type, clean out/junction boxes, etc.. 6. Rdkins Drain, Settlers Canal and Five Mile Creek, Creason Lateral are shown but not identified on the plat. 7. How will Settlers Canal and Creason Lateral be handled? 8. No mention is made of any existing smaller irrigation laterals or drain ditches - Are there any? The property owners of the piece identified as kIM came in and were concerned about delivery of their irrigation water and the location of a ditch on the common property line. 9. Engineer needs to ^eet w/Water Department Superintendent to layout a ^aater plan of fire hydrants. 1~. Subd. boundary description compares with the drawing except for two very minor discrepancies. 11. Show pressurized irrigation system. -2- S~IVISION EVALUATION SET Proposed Development Name DANBURY FAIR SUB City MERIDIAN formerly BENHAM WOODS SUB Date Reviewed 9/26/91 Preliminary Stage ]pL4~[XX Final Engineer/Developer Hubble Engr /B W Inc. Date The following SUBDIVISION NAME is approved by the Ada County designee per the requirements of the IDAHO STA CODE The Street name comments listed below are STREET NAME COMMITTEE (under direction of development in accordance with the Boise Sent Engineer or his T ~ Date Zlo l the members of the ADA County Engineer) regarding this the City Street Name Ordinance. The following existing street names shall auvear on the olat as: "E. PINE STREET" "E. FAIRVIEW AVENUE" The following new street names are aonroved and shall avnear on the olat as: "N. DRUCKER PLACE" "N. SANDLIN WAY" "E. FORDNUM STREET" "N. SHELLBROOK WAY" "E. KILLDARE COURT" "N. SHIRE PLACE" "E. PERNITH STREET" "N. STONEHENGE AVENUE" "E. PETERSBURG STREET" "N. STONEHENGE PLACE" "WESTBURY" cannot be used because directions are attached to all new street names Please choose another name and have it aooroved by the street name "MORAINE" cannot be used because it already exists within Ada County. Please. choose another name. Please choose another name for the street that is in the west side of the gr~osed "SHELLBROOK WAY" and connects with the urooosed "SANDLIN WAY" and have it appear on the plat as• "E. STREET" "GILFORD" "CROSSBILL" "NORWICH" "SWINDEN" The followin¢ new street name cannot be approved unless the Ada County Hi¢hwav District will si n off on the len th of the street name: "NEW BEDFORD" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the cr_reet names to be officially approved. ADA COIINTY STREET NAME COMNITTEE Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire Dist. Representative OR DESIGNEES Date ~ ~i/~/ Date .~-(i ~~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1!!! Sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS ok unless development is to be done in phases ~ ~ yip/~i ,, ~c~~~l ~~~ GLENN J. RHODES. President CHARLES L. WINDER, Vice President JAMES E. BRUCE, Secretary B. W. Joint Venture yyjeKi~'.A.J ~~ ~'~~ 1523 E Boise Avenue Boise ID 83706 Re: BENHAM WOODS -PRELIMINARY PLAT ADA COUNTY, IDAHO October 15, 1991 V N... 4. On October 10, 1991, the Commissioners of the Ada County Highway District (hereafter called "District") approved the Preliminary Plat as stated below: FACTS & FINDINGS: 1. Benham Park is a 215-lot residential subdivision with 9,000 feet of new public streets on 61.4 acres located in Meridian between Pine and Fairview, just west of Locust Grove. 2. Pine street is designated a collector (60-feet of right-of-way is re- quired), has 50-feet of right-of-way and is improved with 24-feet of paving with a very large drainage ditch paralleling on the north side. 3. Fairview Avenue is designed an arterial with 80-feet of right-of-way and is improved with five traffic lanes, but no curb or sidewalk. 4. Lot 11 abutting Pine Street, for a distance of 563-feet, is designated a common lot. 5. A small lot with 90+ feet of frontage on Pine has been excluded from the plat, but appears to have been part of the original acreage. 6. A lot with 230-feet of frontage on Fairview has been excluded from the plat, but appears to have been part of the original acreage. 7. They are proposing an east/west street connection to what appears to be Washington Street. 8. A traffic impact analysis of this project has been provided indicating 2150 trips will be generated. ada county highway district 318 East 37th • Boise; Idaho 83714 • Phone (208) 345-7680 ` `October 15, 1991 • • Page 2 SITE SPECIFIC CONDITIONS: 1. Construct a 41-foot collector street on Pine Street abutting subdivision, including the excluded lot and Lot 11. 2. No parcel access is allowed to Pine Street except as specifically noted on the plat. 1) Existing lot may have one access point; 2) Lot 11 may have two access points. Note restrictions on final plat. 3. Dedicate 30-feet of right-of-way from the centerline on Pine Street abutting subdivision, including "excluded" parcel. 4. Construct curb, sidewalk, paving on Fairview Avenue to a 6-lane sec- tion abutting parcel. Construct the street entrance onto Fairview with appropriate turnbays. Street improvements shall include Lot 56, the "out" parcel, and the commercial parcel, Lot 1 Block 7. 5. The commercial parcel (Lot 1, Block 7), shall take access to the inter- nal street with a maximum of one additional point on Fairview. 6. Relocate the Eight Mile Drain outside of the public road right-of-way. STANDARD CONDITIONS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section. 54-1215. 3. Written approval shall be obtained from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 4. Obstructions (utility facilities, irrigation and drainage appurtenances, etc.) shall be relocated outside of the proposed street improvements. Authorization for relocations shall be obtained from the appropriate entity. 5. Existing irrigation and drainage systems shall be continued across par- cel. 6. Three sets of street construction plans shall be submitted to the Dis- trict for review and appropriate action. 7. Site drainage .plans and calculations shall be submitted for review and appropriate .action by ACHD. The proposed drainage system shall re- tain all storm water on-site. `October 15, 1991 • • Page 3 8. Design data for proposed access to public streets shall be provided for review and appropriate action by ACHD. 9. Driveways shall be located a minimum of 5-feet from the side lot proper- ty lines. 10. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 11. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. In order that the Final Plat may be considered by the District for accep- tance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-ofway, the following shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings pre- pared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the Dis- trict to guarantee the completion of construction of all street im- provements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. 4. If Public Road Trust Fund deposit is .required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. October 15, 1991 • • Page 4 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An .extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7662, should you have any questions. ADA~UNTY HIGHLVAY DISTRICT t~ I ~"1 Thompson Develtopment Services JDT /ev cc: Development Services Chron ID~tO STATE TAX COMMI~ON PT 6!q Commissioner: vse',y ,r o~ [arty G. Looney, Chairman Robert A. Fry i i Robert B. Hodge mr ,aq Coleen Grznt 9rg e October 17, 1991 City of Meridian ATTENTION: Jack Niemann 33 E Idaho Meridian, ID 83642 RE: Annexation Ordinance #`559 Dear Mr. Niemann: Post Office Box 36 700 West State Street Boise, Idaho 83722 Equal Opportunity Employer The Idaho State Tax Commission has reviewed and accepted the following action(s): City of Meridian annexation ordinance #559. Any changes dictated by this action(s) will appear on the 1992 tax code area maps. Sincerely, ~ -- Rose Blazicevich Cartographer Operating Property (208) 334-7717 RB:sdv cc: ISTC Files (2) Ada County Clerk Ada County Assessor S~OIVISION EVALUATION ~ET Proposed Development Name DANBURY FAIR SUB City _MERIDIAN formerly BENNAM WOODS SUB Date Reviewed 10/07/91 Preliminary Stage X%RRXXX Final Engineer/Developer Hubble En¢r /B W Inc Date Sent The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE DANBURY FAIR SUBDIVISION X l~~ Date /i /~/9/ The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The followin¢ existin¢ street names shall appear on the plat as "E. PINE STREET" "E. FAIRVIEW AVENUE" The following new street names are approved and shall appear on_the plat as: "N. DRUCKER PLACE" "N SANDLIN WAY" "N. SHELLBROOK WAY" "E. KILLDARE COURT" "N. SHIRE PLACE" "E. PERNITH STREET" "N. STONEHENGE AVENUE" "E. PETERSBURG STREET" "N. STONEHENGE PLACE" "WESTBURY" cannot be used because directions are attached to all new street names. Please choose another name and have it approved by the street name committee. "MORAINE" cannot be used because it already exists within Ada County. Please choose another name. Please choose another name for the street that is in the west side of the proposed "SHELLBROOK WAY" and connects with the proposed "SANDLIN WAY" and have it appear on the plat as: "GILFORD" "CROSSBILL" "NORWICH" "SWINDEN" The following new street name cannot be aooroved unless the Ada County Hiahwav District will si¢n off on the len¢th of the street name• "NEW BEDFORD" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved ADA COUNTY STREET NANE COMNITTEE, Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fire Dist. Representative OR DESIGNEES Date ~~ l Date f~%y[~~~~~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada Connty Engineer at the time of signing the "final plat", otherwise the plat will not ba signed till Sub Index Street Index Nap NUMBERING OF LOTS AND BLOCKS ~'/~/y/ SEPTEMBER 16, 1991 MAYOR COUNCIL MEMBERS REVISED PRELIMINARY PLAT ON BENHAM WOODS SUBDIVISION SHOWING ADDITIONAL STREET EXTENSION TO OTHER'PROPERTIES AS REQUESTED BY THE PLANNING & ZONING COMMISSION: THIS ITEM WILL BE ON THE AGENDA FOR THE OCTOBER 1, 1991 CITY COUNCIL MEETING: JACK NIEMANN CITY CLERK r i • • ~x~~~~~Ev JAN 3 0 1~~5 CITY Ur >ncnrvlAf~ '~'2a,~r~ui & 7~~e~z,;dia.~ ~Inaiq~ttia~ ?~c~icct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83657 -4395 FAX # 208-888-6201 25 January 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Dennis Baker Boise 343-1884 B. W. , I71C. SHOP: Nampa 466-0663 Boise 345-2431 250 South Beechwood, Suite 120 Boise, ID 83709 RE: Proposed Urban Irrigation System - Danbury Fair Subdivisions - Owner/Developer Construction Contract Dear Mr. Baker: Over the last several months we have had either telephone conversations or written correspondence between the District and yourself or other representatives of B. W., Inc. concerning the above-referenced topic. Recently, John Anderson, the District's Water Superintendent, had indicated to me that you and others within B. W., Inc. have a reluctance to sign an owner/developer construction contract with the District for a pressure urban irrigation system in the above-referenced subdivisions. I take this opportunity to encourage you to contact me at the Office telephone number listed above or District's legal counsel, Steven Mahaffy, at 342-4591, to discuss the various aspects of the sample owner/developer construction contract. I have made every effort in the past to answer or clarify inquiries made by you or B. W., Inc, and I believe that there is a resolution to any problems that you may perceive to exist within the owner/developer contract. It is inevitable that if you. desire that Nampa & Meridian Irrigation District to own, operate and maintain a pressure urban irrigation system in cooperation with Settlers Irrigation District, that the proper documents be executed and that the earlier the documents are signed, the more smooth the transition will be and the lower risk for liability exposure to any of the parties that may be involved. Page 1 of 2 ~~ APPROXIMATE IRRIGABIE ACRES RIVER FLOW RIGHTS - 23,000 8015E PROJECT RIGHTS -40,000 25 January 1995 Dennis Baker, B. W., Inc. Page 2 of 2 I once again take this opportunity to encourage you to contact either me or legal counsel to discuss and clarify any issues that you may have. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director Water Superintendent Attorney - Mahaffy Attorney - Ringert City of Meridian - Planning & Zoning /City of Meridian - Mayor Grant Kingsford Ada County Development Services .~ ~' ~~ 3 0 ,.._- {;i'TY tr t~z~.a~.1b a~av~t~t ~t i/~~~'C~~t ~~ ~u~137GC,~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 25 January 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 BYlan Smith, P.E. Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Pressurized Irrigation System/Danbury Fair Subdivision Dear Brian: Nampa & Meridian Irrigation District has reviewed the calculations for the above mentioned system which we requested in previous correspondence. The pressures in the system appear to be adequate for the District's requirements. In the previous review of the system, I did recommend that an additional pump be added to back up the single 30 horse power pump. I also recommended that the system be looped around the entire project boundary as it was. lacking one small stretch across North Stonehedge Way. I feel that once these items have been addressed and submitted to the District for review, we should be able to begin this project. In addition to the above requirements, the developer still has to enter into a construction contract with the Nampa & Meridian Irrigation District if the District is to operate and maintain the completed system. If you feel that further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Steve Mahaffy John Sharp Bill Henson Alen Damberger 3.ty of Meridian File APPRO%IMATE IRRIGABLE ACRES RIVER FLOW RIGHTS ~ 23,000 BOISE PROJECT RIGHTS ~ 40,000 RECEIVED MAY - 9 1994 CITY OF AIEItIDIAN ~2a.~~Eui & ~~~zesdia6t ~I~~ ~~~t 1503 FIRST STREET SOUTH NAMPA, IDAHO 63651-4395 FAX # 208-888-6201 Phones: Area Code 208 Dan Torfin B. W. Inc. 1523 East Boise Avenue -Boise" Idaho 83706 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Danbury Fair Subdivisions No. 1, No. 2, and No. 3 Dear Dan: The Nampa & Meridian Irrigation District has reviewed the above mentioned projects. I believe all of the District's needs and requirements have been satisfied. Please feel free to contact me if further discussion is required regarding this matter. Sincerely, John P. Anderson District Water Superintendent pc: Each Director S~~cretary of the Board amity of Meridian Ada County Highway District Bill Henson Rider 3 File APPROXIMATE IRRIGABLE ACRES RNER FLOW RIGHTS - 23,000. BOISE PROJECT RIGHTS - d0,000 4 May 1994 ~ ~ RECEIVED JUN 1 0 1994 ~j - - p r~'r n CITY eOF INERdD1AN ~f~ Pc IIG~Ch~C~iCL6L -/~~L L/(~~'LGCt 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Areo Cade 208 Dennis Baker B. W., Inc. 250 South Beechwood, Suite 120 Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Urban Irrigation Assessment - Danbury Fair Subdivisian Meeting with Dan Torfin and Dennis Baker, Thursday, 19 May 1994 Dear Mr. Baker: At the above-referenced meeting in which we discussed the issue of pressure urban irrigation systems that Nampa & Meridian Irrigation is promoting for ownership, operation and maintenance by the Irrigation District, you made an inquiry concerning the possibility of tax exempt status for certain lots within your development. At the above-referenced meeting, I indicated to you that I did not know of any way under present law that would accommodate any type of tax exempt status for all or part of the Irrigation District Tax. However, I did indicate to you that I would pursue the matter with legal counsel and respond at a later date. The District's attorney, William F. Ringert, took the matter under consideration and rendered his opinion and his opinion essentially states that there is no provision within present law that allows for the exemption of all or part of an Irrigation District. Tax regardless of who the owner- is or .the owner's involvement in a pressure urban system. It is important to understand that when the District receives title to an urban distribution system, it is not receiving that system for the purpose of selling water as a means of generating income for the District. The District receives title to the urban Page 1 of 2 c~o~`v APPROXIMATE IRRIGABLE ACRES RIMER FLO`N RIGIiTS - 23,000 BOISE PROJECT RIGHTS - 40,000 8 June 1994 8 June 1994 Dennis Baker Page 2 of 2 L distribution system the same as it does for any part of the main system, in that it acquires the system in trust for the benefit of the landowners served by the system. The main system serves the entire District and the urban system serves the particular area for which that urban system is constructed. The only reason the District receives the system is so that it can operate it for the benefit of the lots that are served by the system. This issue was also discussed in the Board Meeting of 7 June 1994 and the Board of Directors concurred with the opinion of legal counsel and voiced no desire to, at this time, pursue legislative changes that would make your request possible. I would also take this opportunity to make inquiry as to the status of the progress of your review of the sample construction contract that was given to you and Mr. Torfin at our meeting. As I indicated at that time, I would encourage you or your legal counsel to contact Steve Mahaffy or Bill Rinqert at their law office, phone number 342-4591, to discuss the details of the construction contract. It is, as I indicated to you earlier, imperative that the contract be signed as soon as possible so as to avoid any problems with obtaining plat filings at either the City of Meridian or Ada County. As I indicated to you at our meeting, if you have any questions concerning the source or design specifications for the pressure urban system, please call on John Anderson, Water Superintendent, at the Shop telephone number listed .above. Should you wish to discuss any of these topics further, please feel free to call on me at the District's office. Sincerely, Daren R. Coon, Secretary/Treasurer DRC/dnm cc: File Each Director water Superintendent Attorney - Ringert Attorney - Mahaffy Dan Torfin - B.W., Inc. City of Meridian - Planning & Zoning ,AUG 3 1 1995 CITY pt ~z~G~h~..~~.. 72a~~a & 7~~e~z~sdia~ ~I~z~ygatia~ Z~u~ric>~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 28 AllgUSt 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOPS Nampa 466-0663 Brldn Smith Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Pressurized Irrigation System - Danbury Fair Subdivision Dear Brian: Dan Torfin, you and I held an on-site inspection of the pressurized irrigation system in Danbury Fair Subdivision. I believe that the system meets all requirements of Nampa & Meridian Irrigation District with the exception of two items. The developer has yet to sign a contract with Nampa & Meridian Irrigation District. A contract is necessary before the District can accept the system. Before the District accepts this pressure system for operation and maintenance, I feel that we need to have the discharge line from the pump sump lowered to a height that will allow the water and the trash to discharge downstream from the Fivemile Drain diversion. Once the above items have been addressed, I believe that this facility will be in substantial compliance with the requirements of Nampa & Meridian Irrigation District. Please feel free to contact me if you feel further discussion is required. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Steve Mahaffy John Sharp Bill Henson Ted Clinton ~&ty of Meridian Trish Cooper File APPRO%IMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 AMBROSE, FITZOEflALD 1CROOKSTON Ananeyl enE Counllron i ~ NOTICE OF FUBLIC HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planninc~:'& Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, August 13, 1991, for the purpose of reviewing and considering the Application of BARER, MORGNER, UNITED ARTISTS, WINCHESTER, and FABRICIUS, joint applicants, for annexation and zoning of approximately sixty-one point four (61.4) acres in a portion of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and is generally located on East Fairview North of Pine. That the Application requests annexation with zoning of R-S Residential, L-O Limited Office, and CC Community Commercial. Further, Applicants request a Preliminary Plat of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, for 210 lots for Benham Park Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during. regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this~~dd day of , 1991. P.O. Bow 127 IwwNn. iano ~' i ~ ~) ~ ~ -~ i. NOTICE OF PUBLIC HEARING I NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on Tuesday, October 1, 1991, for the purpose of reviewing and considering the Application of BAKER, MORGNER, UNITED ARTISTS, WINCHESTER, and FABRICIUS, joint applicants, for annexation-and zoning of approximately sixty-one point four (61.4) acres in a portion of the Northeast 1/4 of Section 1, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and is generally located on East Fairview North of Pine. That the Application requests annexation with zoning of R-8 Residential, L-0 Limited Office, and CC Community Commercial. Further, Applicants request a Preliminary Plat of the Northeast 1/4 of Section 7, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, for 210 lots for Benham Park Subdivision. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this~~ day of -_, 1991. AMSROSE, FITLGERAIG Attom~,s ~nU (:OUANbn P.O. BoK ~7r ~~ SCHEDULE A COMMITMENT NO.: TIM P 104561-HEH/JB FEBRUARYC12,~1991EASFOFO7ME:30 AVM. YOUR NO.: BAKER PREPARED FOR: ESCROW MAIN ATTN: .JANET BLOSCH GROUP ONE 960. BROADWAY ATTN: STEVE SAVOR INQUIRIES SHOULD BE DIRECTED TO: HAROLD E. HUSTON VICE PRESIDENT 1. POLICY OR POLICIES TO BE ISSUED: (A) X ALTA OWNERS POLICY FORM B - 1970 PROPOSED INSURED: DENNIS M. BAKER (B) ALTA IRAN POLICY 1970, (AMENDED 10/17/70) PROPOSED INSURED: THE IGO COMPANY 1088 N. COLE ATTN: J. MARTIN IGO DENNIS M. BAKER 1523 E. BOISE AVE. BOISE, ,IDAHO AMOUNT 4 160.000.00 PREMIUM $ 677.00 2. THE ESTATE OR INTEREST IN SAID LAND IS DESCRIBED OR REFERRED TO IN THIS COMMITMENT AND COVERED HEREIN IS A FEE SIMPLE. 3. TITLE TO SAID ESTATE OR INTEREST IN SAID LAND IS AT THE EFFECTIVE DATE HEREOF VESTED IN UNITED ARTISTS REALTY COMPANY, A DELAWARE CORPORATION 4. THE LAND REFERRED TO IN THIS COMMITMENT ZS LOCATED IN THE COUNTY OF ADA STATE OF IDAHO AND DESCRIBED AS FOLLOWS: A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7, A POINT MARKED BY A BRASS CAP; THENCE ALONG THE NORTH LINE OF SAID SECTION 7, NORTH 89'28'06" WEST 347.91 FEET TO A POINT; THENCE LEAVING SAI D SECTION LINE SOUTH 0'26'54" WEST 29.07 FEET TO THE POINT OF BEGINNING, A POINT MARKED BY A 5/8" IRON PIN, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE AS SHOWN ON PROJECT NO. F- 3281(5) ON FILE IN THE OFFICE OF THE DEPARTMENT OF HIGHWAYS OF THE STATE OF IDAHO; THENCE SOUTH 22'23'00" WEST 87.14 FEET TO A POINT MARKED BY A 5/8" IRON PIN; THENCE SOUTH 0°26'54" WEST (FORMERLY SOUTH) 326.80 FEET TO A POINT IN THE CENTERLINE OF A DRAIN DITCH AS ZT NOW EXISTS; THENCE ALONG THE CENTERLINE OF THE DRAIN DITCH THE FOLLOWING COURSES AND DISTANCES: SOUTH 84°44'00" WEST 339.00 FEET TO A POINT; THENCE SOUTH 83°29'00" WEST 36.35 FEET TO A POINT; THENCE SOUTH 71°42'00" WEST 49.80 FEET TO A POINT; THENCE SOUTH 65'02'00" WEST 180.40 FEET TO A POINT; THENCE NORTH 80°50'00" WEST 24.30 FEET TO A POINT; THENCE NORTH 35'44'00" WEST 38.50 FEET TO A POINT; THENCE NORTH 14'47'00" WEST 35.78 FEET TO A POINT; THENCE LEAVING SAID DRAIN DITCH NORTH 0°24'15" WEST (FORMERLY DESCRIBED AS NORTH 1'09" EAST) 470.16 FEET TO A POINT MARKED BY A 5/8" IRON PIN, SAID POINT BEING ON THE SOUTHERLY RIGHT OF WAY OF FAIRVIEW AVENUE; THENCE ALONG SAID RIGHT OF WAY SOUTH 89°32'15" EAST 679.19 FEET TO THE POINT OF BEGINNING. SCHEDULE B COMMITMENT NO.: TIM P 104561 I. THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WITH: 1. INSTRUMENTS NECESSARY TO CREATE THE ESTATE OR INTEREST TO BE INSURED MUST BE PROPERLY EXECUTED, DELIVERED AND DULY FILED FOR RECORD. II. SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: 1. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES FOR VALUE OF RECORD THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. 2. STANDARD EXCEPTIONS: (A) RIGHTS OR CLAIMS OF PARTIES IN POSSESSION NOT SHOWN BY THE PUBLIC RECORDS. (B) EASEMENTS, OR CLAIMS OF EASEMENTS, NOT SHOWN BY THE PUBLIC RECORDS. (C) ENCROACHMENTS, OVERLAPS, BOUNDARY LINE DISPUTES, OR OTHER MATTERS WHICH WOULD BE DISCLOSED BY AN ACCURATE SURVEY OR INSPECTION OF THE PREMISES. (D) ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR, OR MATERIAL, HERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS. (E) UNPATENTED MINING CLAIMS; RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF, WATER RIGHTS, CLAIMS OR TITLE TO WATER. (F) TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. CONTINUED SCHEDULE B (CONTINUED) COMMITMENT NO.: TIM P 104561 3. SPECIAL EXCEPTIONS: 1. GENERAL TAXES FOR THE YEAR 1990, WHICH ARE LIENS, IN THE ORIGINAL SUM OF $ 3,055.30, OF WHICH THE FIRST HALF HAS BEEN PAID. THE SECOND HALF OF WHICH WILL NOT BECOME DELINQUENT UNTIL JUNE 20TH. PARCEL NO. 511107110400 2. GENERAL TAXES FOR THE YEAR 1991, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 3. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF BOISE. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 4. LIENS AND ASSESSMENTS OF THE FOLLOWING AND POWERS THEREOF AS PROVIDED BY LAW. THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DI. 5. LIENS AND ASSESSMENTS OF THE FOLLOWING AND POWERS THEREOF AS PROVIDED BY LAW. THE COUNTY RECORDER'S OFFICE. DISTRICT: SETTLERS IRRIGATION DISTRICT DISTRICT AND THE RIGHTS NO DELINQUENCIES APPEAR ZN >TRICT (343-1884) DISTRICT AND THE RIGHTS NO DELINQUENCIES APPEAR IN (344-2471) 6. RIGHTS AND CLAIMS IN AND TO THAT PORTION OF SAID PREMISES LYING WITHIN THE RIGHT OF WAYS OF THE SETTLERS CANAL AND FLUME CANAL AND ANY OTHER DITCHES, CANALS OR LATERALS. 7. THE EFFECT OF AND LIABILITY FOR PAYMENTS AS PROVIDED IN CONTRACT EXECUTED WITH NAMPA AND MERIDIAN IRRIGATION DISTRICT RECORDED IN BOOK 9 OF CONTRACTS AT PAGE 147, WHEREIN IT IS PROVIDED INTER- ALIA, THAT THE PENALTY FOR NON-PAYMENT SHALL BE NON-DELIVERY OF WATER. 8. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: WALTER W. CRANSTON, CECIL R. CRANSTON AND NAMPA & MERIDIAN IRRIGATION DISTRICT DATED: DECEMBER 7, 1938 RECORDED: JANUARY 6, 1939 INSTRUMENT NO.: 187785 IN BOOK 234 OF DEEDS, PAGE 279 AND IN 16 OF MISCELLANEOUS, PAGE 172 PROVIDING: FOR THE CONSTRUCTION AND MAINTENANCE OF A DRAIN DITCH AND THE USE OF THE WATER HEREIN. TIM P 104561 AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: THE PURPOSE OF CONSTRUCTING THEREON AND THEREAFTER KEEPING THEREON A SMALL DITCH IN FAVOR OF: STATE OF IDAHO RECORDED: DECEMBER 18, 1967 INSTRUMENT NO.: 517652 10. WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD ZS MADE FOR FULL PARTICULARS. RECORDED: OCTOBER 20, 1988 INSTRUMENT NO.: 8851873 BOOK/PAGE: BOOK G OF SURVEYS AT PAGE 1335 11. ANY, RIGHT OR INTEREST IN ANY MINERAL, MINERAL RIGHTS, OR RELATED MATTERS, INCLUDING BUT NOT LIMITED TO OIL, GAS, COAL, AND OTHER HYDROCARBONS. NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FILING'WITH THE IDAHO DEPARTMENT OF INSURANCE. 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Ice tenaent 1wDer 76 \~~ ~ eroAAas aaA aoDTDACT T1tZe OODTMCT, Md• and eate»d Sate Dy and Detnea QnSe Oklen et Ada Oeanty, Jule, yat:y of the finL past and the OTT72RE IMIOATIOA DIDTAICT et Ada Gonty, I faL~, 'let ty Hthe eeesa6 part, DI I'D)8pT11: t'H. T 't. L3AD, Ne.~nd Dazty Me ae~nlnd as la aDaut 4 te`tti» trsa the et~ tou.ct e' the lhti tab dsatN, tDtenp the ^eelartiea DgartraL, tM rapt 4 tf tee 1t aDOUt 1$00 ae» fNt a! tM wte» Of Deiaa titer to tM eear ry M ate red Si tie Arnwteer MNrrelr, ewh wtere to M rued dvsind the LL er Sen stet ^-arcn of web and ererT Tar !a aeeerdanN ti th tlrt Nrtain cent»et aDSUt L U orient SaN Dy aad DHwen uld Jd atrtet and tb Oel red eLNe et Arrlea, ieLtaed 4 roeD atenp w'-. .blob eneh eeatraat !a ~henby epeeifi ally »ternd m and rM a ptt he net !a llhe sorer a Sf duly taco rpe»Ld he»!n, tad 72QRDAA, Tint party ban ad»ed LO DunLaa and ds M»Dy tuDacrlM fer the atdi tl dad t13n72Sb Dart et amh wte» fer oee open and to M SN epanDl7 aDDut•- ten.aee Lo qr Alletrle d denozi Ded Lnda Sn Ada Cemty, Idahe, ^itwte Ha: ID} et Dec, 8 and ~ A7f of Bao, 7 T. 31, A. 17, Aod Sn eonaidentlen of aueh Du='ehaN and of the asraaaaL of Noend Darty, M ynalN and agree L Day tsr euoh sore the DrineiDal eo• of X377.01 N the ear (J eN Da letie6 la teeaty aMwl ueetarnN by the aa! d Irri ~.t1ea Id atriet. N further Dnalae and a~»e to Hy aueh raNarnte fer wrriap aM rin- tenanee, Saeludiety enr DtepertlenaL part of the rinNnanoe eLrpe rte br Lha t7a1Ld Dtatea ap•inet tDa said Irrlptien Ddetriac, tos the ere»p and traradaalm et amh wte» to tM lradfL s f tM ean.l e f said Dletsiet, Y ry De free year e year letlee by the eHd Dietriet ter the tranaadeHen aad dellrery e! the w16 wet All aaneernL ter hnhaN Dr1N er rlnLnanN aed eDe ration, ahioh ay M 2sried by tM wld Diatrlot tmGS tM DnrSHone of this neat»et fiea tlr to tSs ca tMy a» sde and leried, eha1~M and Moor a lSea ea aa16 LnN and w1d stet aad unUN Raid at rturity the»ef aLll »ader the trhs le ena dw aed ehail entStU tM nld D1Hrlet L to»eleN acid lice la 111a rmet a mrtppa d» es ay M fe »eleeed order the Lw e! the ALte of Idehe, and Se sue et eneD te»elsean, then shall M Lad and NNNed apSnet NSd lanb and wtat, !n ae61e ton to the said debt andohazp, eneb ena for eeenNl UN a the oottrt ay ayvdp naaen•DU fer the Driadiad enl eendmt et sorb fe»ele cure DneeedSed, Lpthez Kth a31 sects and d1aDn»esente Stroid.nt to snit and wle of eha ea16 DtuDe rty. My Sne Lllrnt sf aaid Dntehaae DrSee shish shall De rd nrie rpald S atLr the ^ar shall Deeer dva and yty-bU, to Dear Sntenet fA• sorb Gate at Lhe me of 12< Des anntta, T1r Matriet air llnet M held »epea afDle ter any fa11n» H dellrer wit >.aar os any pe rtion thereof noweio net Oy ehorLp et stet Sd the Arte~ieat ANarrolr fos any uuen, er fer any fault es nedleet of the gel Led CLtw Molder atien Hr*SN Sa tTi eCO Sap er dHl~ery of the ear. I.1~~ CONTRACTS No. 9 4 140 Dire t Des? err dl eaLarp thl• 00 nt snot •t aa7 tine n»n the Daysnt of LLe w :i» Dui :hue Dria• atpeptia~ 1j~.01 er tM vayald DaLnee tb» f aad qnn cash Dasat, .loll w altered tree all to for uaNeaent. w» and aseyt uNUerab Ar sin4 un~ • .ed NSS»r7 inciedint tha tawbL Dertisa et oharpe fer e4»p tat tranas.•~t,r t+f br tLe Ori let ttatee anNr ita wit Nativt, 't• m .tr:at nh 11 N Drlrll+pd 4 NILet all anNepata ter fiaNaaeae u0 eN ~•.~lta !. o1i ~I:eq ,~ ratuU prtiu •f tM Net et M11»q Lased a~iut tha D e.•1~+: tS ::J 0+»mewat !a aeraaa• K the Nli»rq •T the said later er aa7 Dertiea t'u: ee! q tr.w wid 3t~/n, aad atrli act D• »QvirN 4 w5 eueL Nlirnrr a Lnt u ratL aneNerat elrii D• and rewln rnDaid, Dat t!r tallvn t• N31»r Neh ester er en;• De mien thereet DD »uee et sec:. '.•.:Iare is >•7 stall not abate eneh u.:uret Nr »lle» eeid lui of tM lien theree t. !!ffiEt ew hmN lr»ta thle the ijth a7 et Debrwr7 1y18, gain O8r1e0 8TAT8 07 ILLItOIt ) u. Oeant7 et CeoY, ) On thL ljtn N7 of Debrtrr7, 1918, Dete» s t 8 0`Briea, s feur7 Tatlie SO ed ter cold Gant7, Deaew117 aBDea»d Quin 0!hriee 8nsen to r to W LLe Dareoa i,see wr i• a~eersbd t. ttr fithiu lu tsawnt, ud ae]me.L dpd to r thwt b eseeaNd the oar. I8 ataet ti0IIt807, I bare heseenta set a0 Lana and atfiznd ^7 •tfielal ua3, tha ND nod roar is thi• oertltiute H»t abe» srl Ltw. ~. D. 0`Driea, letarr Pub110 (taAL) It7 Ndnalen asDiree larch 22.1921. Aem riled at zegeoet•ef I1~ Barber at 11:11 A.l., 8e~enber 21, 1y38. 1eN, 11.60. ~if~v.« i~iGi..~, Asaerder. • rl e !e i ~` to I, t~. I x-.~ r---- _ , - - __ - - Y.Nltar ^. Cr^aatm • ta' 1bKr•nt 1r.0•r ll~ 'fffiS DDff10 a. .re• 'Eln 7m dq d Dwugr, 1956, ~ and Mtwm wltar ~. Drantm and G•il~ f. Ct+veoe, heaaand avd •ib, st Dot••, lda Oovat7. BceN d Zdeher tb pal" t1r at tt^ t1r^t prt, we faap ! ^•ridr n Imptior Matrietr as lrlpsien DLtrle• erp ^Ssad aad •ri etL•ef; anim tb 1a•• d tl+• Dqq et IAa her aitn 1t• prinelpi otfle• •t Mafia, Catgen f n ,tr s att rf Idaho, ttr part! K b• wemd prtr KSf65D11'ft ~ ~ ~ That, a.t :r a; th, ea r: la^ e! th• flrat prt ar• N^Srer of hatlas tb p.rtf e[ tha a•aen0 pr: ccottt et • dt+ly dlteh thrwdt tM prep•rt7 of th• rid parti•^ d tb that p•rir ai' artsl f't etsCoanis, DNta of Idabr wd drariMd a tel lo.at T!n 1>:~thtwe t•~.rt•r o! et tb .ferthrat Qrrtsr (~}A}) d 5aetlen 7, atd 4h• fortp- wat lt•t car lfe}i c.t 6•etlea s, all 1p ToaaN iy s Tor tII, A^tq• 1 Lat dtM Delw .arid! n, q -dY Couetf, ataN of Idaho! fu, T~tluR. th• aald lartl•a of to• first part sa eer:.ldq.tlm of tb MnalSt• a sarvats to tb^ aM Lb aetar tat. sad eemetiotr hrdrft•r so eRalyd to M kept and. par'araaW D7 tb raid Dar eT of th• ^aeond prt, do Mt+bf Grant and emty ante tb rid par q d ih• sassed part, r o^aarot throw th• mid 4raet of Lad nfonMldr to! a Ora 1n dit ahr q ema•me at a pOiat nwr th• foftl•Hgr17 sorer of tb forthaut gpartar of th• iortbaat ye.rs•r (fs} fs}) of s•etlon 7, Terp. 5 Perth, Lnp 1 Drat d tb DeL•~ ^artd! m Sn th• ^lonep m tb ^meh.~,rlf aid. et C9• hi~teas sad td rva tr•e^a retr•wt- ar1~ and etrtbrl~ d eb sattlarat Caaai q • point scar tb awl ^e4 of tM ferthw^t 0tartar (7f}) et Met1m 8, T'^!t. D Perth, 11a t>60 1 Let of tb selaa-bridles ea asst a10a of rnblle Doad, Naee• said drala Nall Do valor tb Dattlarar final wd rs thanaa 8oet~ w at•r1T oa the amet,•rl~ aids of th• s•ttLw+ Canal to ^ pelas awr tba seater of add forib•at Qartar (ifF}) d sootSOa B, ed»ra a aloa~ Ltaraaata. a^fe MttLr^r 1?,nalr . thaar ato thrat•ril •1mD aa10 alcn~ to tea aaatarlt leas d aid tt~^f ed UM aks-a dMarlbadi wid dra Sn q M Zmese v the D»in aR 195at ala• the ri5ht-e e+.w~ ter • prepogd tvtn» dt+lnr Nish tb prt7 of Cb a•ewd pct abll hate the rldtt to am- drvet Nan St deer tb Gar aenau'7r drerlNd as telloeaf 1 MCSnales< a4 a pelnt as th• 1958. drain. ahan 1ka era L ematrrtad w tb L^f ltaa of said forthead: Qvrt•r (ff}) of 3•atim 8, Trp. D brth. tiai+ 1 fast d tb selaa• brldLet. thanes north aleu5 said •.at llr r aqr as ~71a ^setwlwt to nL lies i vithmt dLCm~bltt5 tb f•ma, to ^ po lnt sa th• aeetbrlT dda et tb aNtlatr Qarlr St l MSus mdaratoed tbt th•e said dt+ln U ^ortra.tadr That Gar a111 M sevtSaead aaagrlf Gar tfr ^•Sd sattlarar Canal er at eptlm of t1rN partlaar w•h propsa•d dra la .hall 'M eenatrnagd npan ^ rlfht-of-..~ as folleaaf Ceroaales at the potty N•r• tb lODD ~ dta la 1•at•^ th• e•ttlarar 6aaa 1. thm •a at ^1mD ab ^a cbrlT aids et w!d 7aftiar^t Canal to tM w•t lie of tb for thw^t Qoar tar (ff}) d aafd Daatlm Bt all dra ins ~ ~~ eowtrue tad add CM Carr d thl^ past, ^bil M of tb d•tiC6 da•ard naaarar! tar the i ~ drain. C• et .. SD land one ^b 11 M or • aed tlf of to yr (d) tNt w the belle. dM baab i balrg . a7.op• of on• and a gvart•r to mar elth nwnwrf p7d• fw dralrasq all apsl3i ' frm m• em ^eraoteon et Graf of qid drama to De plaaad a dinrotad b) tka pr11M d - ' flu ftnt pct, ar4 Lo fah av:tlelaet brat Mtwara dtria and ^pe11 bak ae flat .pail ~ .131 me run back loco dr•Sn. ~ i it to ueler•toad sad Sr••d Mtva W parties ear ate, that the prtLa e! the lira} I pct haw used ud haw th• risht q r• waq wt•r tlevtas ee.n Ma ^lea~ ode tba 'Sr rt parci•e' Ltd ahich ester Sa i~ tb ^lm~ N Sa wevpla0 b7 tb dra La o< 19lD1 1 N 1 CJ • • . FDA .COUNTY. IDAHO g 1<szs ' j sue r.c. ester baSag diser tee b tb t1»t pM1aa tre^ said aleegh at tMir aNt line for Srrlpilo¢ Don ihaSr r34 p»D~t7. i ~ 2hr p.'•tt OS LM Neene pert agrN^ tbt !L n113 net of tMa LSN dlatarb the nN h}I ' b tln : partiaa of u1d Mata Ntarl Drerldadr MMreTr Nas St L ^drNd end mderate O ~ D} end Drnsen ten DertiN M»Lo, that tht prt} tt the Naene Dart at an} tine tbt !t deelrw :a .~r anf alther of Nid Onin dlteMe N»ea tM N.Nr1J line of the fertheaN Qrra:• Tri) 't {~•tlea g, .MII lernlah to t1»t Prtlaa >a lSeu et cosh Mate Mtee r4.1 :.at r Cn• in •Sption neon tb eeid laM afar Maid in tht ASlwi~ rmerr O ft.st :1 • Prt r d tM upnd Prt abll NMe to be dalltarad to tba parfin et tb Yee'. p .ri ter ra vpon tMlr Nld Lnd .ter Nate, 60 !robs of natar, tM rr to t» ~, lit seta tr; traNler threnp tb getlLrt~ Grl, rte rater to b of Nr rights u .het Se 1'xDn a the Mamd aDpreprAtion ter tb rashes tron tM le1N Etrtr !or tM 81d aeM¢gb ;anal{ NSd rater to •rli.artd H tb partite O! CM first partaad !heir ~ Meaeuora :a SaN»at to Miemnal}, oil stet hest»r, to cosh enta a r} ha rde Sa tha ~ dta Crlbntte¢ et Datar tea tha Da/r Ri.ar rand tr 1M daerN ad~+dtee tSag Wierly a< rip;t^ tha rafron, St DtSng sad t^teed tMt std ar tb tarns et chit agrMret, tb pert le d the fSr+t pert, a» to »eaSre Ihreup the Set-Ura~ Carl at ell t1r a, tb ur Reportioe d b0 S¢eMa of rter e^ .» ae11.n»d to ethr RSdmbe ¢bn toter nDe» eoeotd ~I ing to the teen ed eppreprietfon. IL to fit tbar rmd ar.tood ane egraed, that mtht¢s Dar sin ea cal ¢ad atoll aetitla t!y partia^ et tM fSret pert to w} rterap etas tro^ Ames Seek I4eenetr ar to ta} Mot- II ~, t1L of at prep rater, trash toter to b baed eboll} talon tb beeia of daltret7 of rtt of tM De1te ESrar d Lha Sseend llldenbng6 approprUtlen. . Tb Derttaa of tb LSr at pet de tnrtbr great to tM part} of tM taee~ pCt, ma rt~t-ef-M7 to 6e nDe° tb Lnda of tM partiaa of the first pet for the D~'Dr • et I baying peNNr~ rinNeaoea open tM draia diteh, nMn eortraot Ode p•rtisa o! tb tint p^rL ^q»a Chet ehtn NSd SO SneMa of MNr het Dote ' dellrer ed to the a^ he ralnbt lo» p»tid ad, that thq rail! ,ar ~¢do LM Ma a! t/httMat~ do br•bt grant to Lhs perk of the eeeeed pert, all treir Tlgh toter fleeitg in said eloagh Lrientar} to SDa 1DS8. dfa la and r e~atDt tba 60 irMa et Mtar ae bralnbetora Dro.id sd for Se flan of ell the lr Snttraet i- NSd Mato MN! as abets atatsd. She pert} of the tee oad Prt shall Drat tb rigor to p npe¢ the lands of tb Dar' ti u d the tin t pr t fee the DerDete et eeieg all eeet: rwauq for tb rinHr¢ar e u10 d»in, or dr•Saa, •he the rr er sonatrrtad. Tha Art} d the taeond part Hli sow crest Soto .aid Brain diteMa all drain iNat .hi eh St eo ne Sd ar^ ¢aNaser7 foe tb 9erDeta of en~pln6 Nate toter Snte N1d drain alto Nd St to tad ore tend ant apaad tbL Na partits of the ® Nid i¢Ues to ba of Sees DSDs e,dar to wrr} rt shall m»truet nreNaer} raN dtteMa to aeoh dM in !Blatt H first M oft tb •uea ester lest tae first petits' land. to rinta is if ter the aeNttvetien is tinteMd. tM prtiaa et the tl~t pet ap'M Nld do iu SaUta and matt dltaMa SL snob / rnntr tbttt m nmNeNart silt er dsbria I ar^ dTttht. grater tMSr tries. ~ ~-tboA Into tht oootmatte tyaptest.t partite 11111 11 ht elpdth6 eD~ tb eft ha•t trrwnte set chair T¢S s ytraasaec tM asaig¢a• art1M d tts fief 9 eucee i/ RI a'f1Rg' iy,~gJ}. for tal'1 D tint abo.a eLltttn. e.t... ,. r-sus<on »nda. tt' ° tb. fat e'd Te.r 174 - ,: - .,,.:.~ . ,. MLSCEI,T,~NEpUS RECORD Na 16 6.152E _ _ _.~..r...._____:.__= ..... s:azs or inASb ` ~ 9. ooowrT a a ~ as laic 7te t.l a I!t~t,raDe.•, in tD• 7.0' 193e, brera ata M• andenttned. • sot ar7. t TnDlfa Sn an! 'el • !d State, yaraes117 sppesrad wallet w. pranntm me CaalL A. + • j Mns tea, e'.,wro a tlt,,, keeea to w Lo b the parnofr eD«• sNa ar• svEenrlttee is tM~ ~. i eitDla is t.•t.Lt .nd •aleoeledpd LO 1 fact tD17 aAeit ed tba •M. • r : Iw wllst3i wmcQ, I r... D.r«ate.et ev ease .ne .nliad ert drlet.i .«1,.tM ss. •td 7«r Lt th1• eartltieaL rirat •bo-a .ri~taa. (3D~L1 R. w. 9raba+ _ bdr7 rablle ter CDa Eta to of IOaDs 4 «nal«!ee •mlrea ~ we fst!r raDlle fer Idaho Rat3d meet Rel aa, Ida Da 4 eea~lulon asplraa wet. 93. 1941. Rseotd ed at sago. st of tnp t weridlaa Irrle. Mat. at Sd nlaat •a pact 11 o'eleet ~ ~.w. this 6 del d Jae. 1939 Ia. s. r.staam. •t nz to w~ Istrettets 1hsD.r 18782. r J,~:::•*iiii.*ii~ii.Bii~riir7iiii ' ASSIOIOB7R Or LwA3L wa, w. Z. hitarsm •td Cataaritr tat Hram, Doe Dead and e1fe. of Roiae, AM Cenat ~, IdaDe, for and Sa «na Sdaratlea of tDa tees of Ten Ibllsn •ad ecDsr nluaDL aeaaideratlw to o• in ba as PL, eo D7 thae• preeaffia, Darpia, «Il, ant, •ulsa, transfer, •ne net o-ar to Idatn rlrsf Irtioaal Rank d Roiar, Roisaa Idahs, a eartain lace. and all risets,~ • cont. laM 1n Ute Ana. bald 1«aa U Mted rot«ber 30, 1937, and exeeatee b7 RaLS 0. ^eere ana Oq 1. tloere, •SSe sad each. m, to Z. 2. Rt1Uaa, and edl• •u1seW to w. Z. ~ to ttareon, sad Se fer • lets et tbrN 7nr• hroa wet eaMr b0, 1937, eith • prlHlap of ~ extatuloe fer •a add Stied three 7«ra, and «rare am eonw7a t!s sortMrl7 tseat7 lsat i aar• er last, of Lot Seran Sn Rleek OtM t the Orddaal Teeealq et Ref « Ciq, Sa AAa ~ Om et7, 2dabo, •nd sea Lena«et •, De•dituent^ and ^ppa.~tastl«ai •a1d pre adee• Daiq •Le kaoan esd ~re1t¢eted a 190 iertD lOtE 3t»at, RoSaa, Idatn. i ~ i TO AA7b Alm TO AoID Onte u1d Ica ho That Nt1e«1 daY d Re1ae, SN ens «eso» •td ~ •aa ipta Eros th• 9th del of Janoar7, 1939, for and dar las •1: t:N :er Ltder o! aid test •nd eho •xte na Sea eDer<of rettore0 Sa old Late bat aaDlaet aster thelau to t!!e eeeen- •nta and »ncs emta Snad Sn a3d Loa. wa Eta tDer eoreasntt and •g« to •~ •itD •ale •~. leaho Plrtt set Senal Renk of ]o1 a• tbt tW aald •sal wtad prenlae•.Dora dMerlD ad a» ~ hoe f»e and e:ear of all foray and other Rya nts, glt:a, bare Saa, ss La, 1«eaa, ~t ; nenta, •xeen tiont, back rents, N:et, •uoarnis and .neaatbn naea 17 ue anttarad, taad• • or er ee Ud. ~ b ced •t Bo fx e, 2~eho, Janoar7 0th, 1939. •. s. r.tt.r.m 3TA:C )P :9.!'0 i Cane else Pa NTeen { ) r] . ^.C tT r OP iPA I --_.__ . `._ - - - __ __ ..~.~r7~ld~.~ ~.._. _._ .. _._ ,..vo ~ - -- .~' -- - - -- '~~. ~;- - - '-.i~.:: tea- `~sr-:-v~r ~- - _ _ _ .. _. ,. r r ': L.i, - >a s `i: :....: ~- .: <., 4!f ~z c• .. ~ 1. ate: ot~r:r .-o.:~ a.,: v.YL:,b,e . .r;: 1ni1, ..~. C~,!15 , a~a an:` '~h~ r~:-`r ;., r~ upepf o^c...~f a't n::p n ..;f ~ rte... AO~.. '.i '.. .a :f l.[~ .. ..., f ~~ _ _ ~r~ :1r'C r .. - Cf - __... ., .. , ce c: :Fr, ;:'1 CI inn p '_,~ -1. P. fi04i ^I: . .. ~.. .:,., =''.-: is r f ~ ,. ,+ _. r. . _.._ . ~r. ii lo'-L ~ i ;,rah Co~mty ii03~1• FCi. .- .1 _ it i .. nn.p^•-:'r .-^ :... •~ / t' ~~ ~ ~ ~~ _1_ ~~ ~~ ... ~...._ M•--~~iw.r~lrr Tr-9t ~.r ...~ ::• 7ial' i l .. ... .. .._. .'. • __~' ! •-: ~ . 1 -•. 1 ; , ... ~ .,. _S_G. t_1r1:_I .~~.I 3._... _.. •... - under~:;i :•~rrr!, 4 ~~c~.n^ PuhLr 'n ,nom :'or nn L1 :; r,q p„ pr ran nlJ :• ~Cr': •.q :-o] •JL-FI_TL` ~_3 i.21L.~~Q-t~.._L: J1 B_.~.~ ieir i~.!L. ~~ ^~w:~ ^.~ Lr. ,._ _. c r-•_ .~. H•._: a 'z' r~ __}~_ ~~ G' _...---- `ube.. °. h•. :' :Y 1~... u I ~.~~.,. 'L 5.1 . • 1 .~J_'/n (:~: :~.'~ .... .1:• • _. • a~ t.Y`~ri rs o?'t'iciat sell L.ic .i; and yaar i. r; ciir, c=•,.'_fir._~a :ir.;t d~OY~ M:•1tt. a^• ~,. _-` Your Pvbl!r. 'o. ' • _ ~ =esidinC a*. .~'~•~e~ .~d1.i.liL. - .' x:~r >. _..~.. _ ._..~ ~- .-.. ._ p _ -... _. .. -2- .Jl:.~. o i¢..eLO~ F.. •71f 1. ... .. %~ [ i ~ • ) r. • a • COMMITMENT FOR TITLE INSURANCE SCHEDULE A File Number: P 107035 ESCROW CLOSER MAIN OFFICE ATTN: JANET BLOSCH 3 INQUIRIES SHOULD BE DIRECTED TO: HAROLD E. HUSTON VICE PRESIDENT 2. Policy or Policies to be issued: 1. Effective Date: JUNE 21, 1991 as of 7:30 A.M. A. [Xj ALTA Owner's Policy, (4.6-90) (XJ Standard Coverage [j Extended coverage Proposed Insured: DENNIS M. BAKER B. [J ALTA Loan Policy, (4-6-90) [J Standard Coverage (j Extended coverage Proposedlnsured: C. 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE a. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: RICHARD A. ALLISON AND TONI E. ALLISON, HUSBAND AND WIFE 5. The land referred to in this Commitment is described as follows: LOT 6 OF EAST SIDE ADDITION TO MERIDIAN ACCORDING TO THE PLAT THEREOF FILED IN BOOK 4 OF PLATS AT PAGE 158, RECORDS OF ADA COUNTY, IDAHO DENNIS M. BAKER 1523 E. 8O1SE AVE BOISE, ID 83706 Amount $ Premium S Amount $ Premium 5 Amount $ Premium $ SCHEDULE A Commitment COMMITMENT FOR TITLE INSUR/1NCE SCHEDULE B -SECTION 1 Fie Number. P 107035 REQUIREMENTS The following are the requirements to be compiled with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or Interest to be insured must be executed and duly filed for record, to wit: B SECTION I COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION 2 Ftle Number. P 107035 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, 'rf any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a Tien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on wh ch ma property or by the public records. Proceedings by a public agency Y result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. C, Special Excepbortis: t. GENERAL TAXES FOR THE YEAR 1991, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 2 SPECIAL ASSESSMENTS NOW SHOW OF RECORD. POWERS OF THE CITY OF MERIDIAN. NO 3 THEREOFDASSPROVIDEDTBY LAW. NO DEUO Qi UENCIES APPEAR IN THE COUNTY POWERS RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT B SEC710N 2 P 107035 4. THE EFFECT OF THAT CERTAIN AMENDED ORDINANCE NO.486A RECORDED SEPTEMBER 8, 1987, UNDER INSTRUMENT N0.8751038 WHICH AMONG OTHER THINGS PROVIDES: THAT THE ABOVE DESCRIBED AND REFERENCED REAL PROPERTY IS HEREBY ANNEXED TO THE CITY OF MERIDIAN, AND SHALL BE ZONED AS FOLLOWS: THE 110.00 FEET ADJACENT TO THE PINE STREET LIMITED OFFICE, THAT BALANCE OF THE PROPERTY R-8 RESIDENTIAL 5. WE NOTE A RECORD OF SURVEY OF THE SUBJECT PROPERTY. REFERENCE TO THE RECORD IS MADE FOR FULL PARTICULARS. RECORDED: SEPTEMBER 25, 1990 INSTRUMENT NO.: 9061836 BOOK/PAGE: BOOK G AT PAGE 1757 SURVEY NO.: 1729 6. RIGHTS AND CLAIMS IN AND TO THE RIGHT OF WAYS FOR DITCHES, CANALS AND DRAINS AFFECTING SAID PREMISES. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AS SET FORTH ON THE FACE OF THE PLAT. NOTE: GENERAL TAXES FOR THE YEAR 1990, WHICH WERE LIENS, IN THE ORIGINAL SUM OF 5634.94, ARE PAID. PARCEL NO. R 2039261750 NOTE: THE ABOVE AMOUNT OF TAXES REFLECT A HOME OWNERS EXEMPTION. ANY NEW BUYER MUST RE-APPLY TO THE ADA COUNTY ASSESSOR'S OFFICE FOR SAID EXEMPTION. NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS 70 BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. END OF EXCEPTIONS 8 SECTION 2 ~. c+z ~.~. oL •' C ~ . r. {~ `iii ~.., ~ < • ~: , r< ~` t ° LR" -t ~ p ~' ? c H ~_ ~ ~ ~ o d S 3 ~ - -_ ~ o Y J _~ ' _ -=~-~ ` - - .~ ~x~ ?~.• :1~ i ~; A~ rv i ~~~ O V`'.~ V ~ { A ~ . \~~` ~~ b ~q3 ~'~_ D•r.. ,.a ~~~cc ~'.T ] ~1 i~.. *a:i ~~. ~ . i•= • . + ~ 4i'. ~. .v~ aa~~ ~~~ ~~~~ ~+~[~:1 ~~Fc D~' A+` aft~~ n~~~~Ti `~ ~1~. + .• e V'~\ gip' a i V ~ ~ ~" '~l w :ter %~~4~ ~n 7 A i, ~ ti y t~~ \ '~ t :~ .j ct .~ k•.~~~ ~~ ~*>;E ~" ~s"rAE. ~a ~v ~.'~ v . ~ •~ >,i:.a. ~t~.~r •+~ lr %~~ D~~ t^\ M ^ ' ` ei` ~ K L.^ 9 ~ t =~ 'S,x~n ~':~°i r~ ( o. ~;.~ Si t i~• ~~ +:5~ ~ ~+f ~iC ~ ):;. ii~~ ~~,iti ~~. ~'Fic r + y a t ~ ~ j, D•:~ ~i't 1 R~~) a { n+.^ R ~1 2 N T~ ~ V4 ~` ~ Vd ~7 N~o~p s v ~~ z ~ W ~ x ~ y k F a M ro I I I I I i _, ~ ~ ;~ =<-~ . ~~ ~ I -= ~ moms s ~^ < ~ i =_ -_ a s ~ ~A ' ~ ~- ~' •* = ~ r 1 v y r ~ .+~ ~ 1 S a ~ < N _ ~ r 8 7 ,, Ii; I~j ~' N' I N ~ ' .. __~ 2 6 5 3 4 i jts-•5 +~rs.~S ~ 31-~~5~ ~..~~R~L COMMITMENT FOR TITLE INSURANCE SCHEDULE A File Number: P 107031 ESCROW MAIN OFFICE ATTN: JANET BLOSCH INQUIRIES SHOULD BE DIRECTED TO: HAROLD E. HUSTON VICE PRESIDENT DENNIS M. BAKER 1523 E. BOISE AVE. 2. Policy or Policies to be issued: A. [X] ALTA Owner's Policy, (4-6-90) [X] Standard Coverage [] Extended .Amount $315,000.00 Premium $1,095.75 Proposed Insured: DENNIS M. BAKER B. [] ALTA Loan Policy, (4-6-90) [J Standard Coverage [] Extended coverage Amount $ Premium $ Proposedlnsured: Amount $ Premium $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is FEE SIMPLE 4. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: L.C. JONES AND ANNA M. JONES, HUSBAND AND WIFE 5. The land referred to in this Commitment is described as follows: SEE SCHEDULE C 1. Effective Date: JUNE 20, 1991 as of 7:30 A.M. SCHEDUIEA Commitment .. \ COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION I Fie Number: P 107031 REQUIREMENTS The following are the requirements to be compiled with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION 2 Fie Number: P 107031 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (6) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. Special Excerptions: GENERAL TAXES FOR THE YEAR 1991, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. LIENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) B SECTION 2 .~ P 107031 a. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: THE CONSTRUCTION, OPERATION AND MAINTENANCE OF THE FOLLOWING: A DRAIN DITCH FOLLOWING THE PRESENT FIVE MILE CREEK, A LATERAL ALONG THE WEST SIDE OF SAID DRAIN DITCH AND DRAIN DITCH TO FOLLOW THE NATURAL DRAIN WHICH RUNS IN A NORTHWESTERLY DIRECTION NEAR THE NORTH BOUNDARY OF TRACT II GRANTED BY: NAMPA MERIDIAN IRRIGATION DISTRICT RECORDED: MAY 25, 1936 FILED IN: BOOK 217 OF DEEDS AT PAGE 207 UNDER INSTRUMENT NO.: 170159 5. AGREEMENT EXECUTED BY AND BETWEEN THE PARTIES HEREIN NAMED UPON THE TERMS, CONDITIONS AND PROVISIONS THEREIN PROVIDED. BETWEEN: IRENE J. CHASTAIN, BERNARD L. MCNEFF AND BESSIE V. MCNEFF, HUSBAND AND WIFE AND DEAN E. KEITHLY AND LORETTA L. KEITHLY, HUSBAND AND WIFE DATED: JUNE 14, 1960 RECORDED: JULY 6, 1960 INSTRUMENT NO.: 482727 PROVIDING: THAT THERE EXISTS FENCE LINES BETWEEN AND ENCLOSING THE VARIOUS PARCELS WHICH ARE THE ACTUAL BOUNDARIES OF THE PARCELS 6. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: THE RIGHT-OF-WAY FOR AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A SANITARY SEWER LINE IN FAVOR OF: CITY OF MERIDIAN RECORDED: JANUARY 11, t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ommitment P 107031 11. AN~EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: RIGHT OF WAY FOR AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A SANITARY SEWER LINE IN FAVOR OF: CITY OF MERIDIAN RECORDED: FEBRUARY 9, 1978 INSTRUMENT NO.: 7807047 AFFECTS: TRACT 2 NOTE: GENERAL TAXES FOR THE YEAR 1990, WHICH WERE LIENS, IN THE ORIGINAL SUM OF $198.78, ARE PAID. PARCEL NO. S1107110599 NOTE: THE ABOVE AMOUNT OF TAXES DOES NOT REFLECT A HOME OWNERS EXEMPTION. ANY NEW BUYER MUST APPLY TO THE ADA COUNTY ASSESSOR'S OFFICE FOR SAID EXEMPTION. NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. END OF EXCEPTIONS SCHEDULE B SECTION 2 Commitment COMMITMENT FOR TITLE INSURANCE SCHEDULE C Fie Number. P 107031 The land referred to In this Commitment is described as follows: TRACT NO.2 COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN THENCE NORTH 58 RODS; THENCE EAST 301 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING EAST 359 FEET; THENCE SOUTH 297 FEET; THENCE EAST 660 FEET; THENCE NORTH 695 FEET; THENCE WEST 580 FEET; THENCE NORTH 625 FEET; THENCE WEST 439 FEET; THENCE SOUTH 1023 FEET TO THE REAL POINT OF BEGINNING. TRACT NO. 3 THAT PORTION OF THE NORTHWEST QUARTER NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 660 FEET SOUTH OF THE NORTHEAST CORNER OF THE SAID SUBDIVISION AND RUNNING THENCE WEST 580 FEET; THENCE SOUTH 625.74 FEET; THENCE EAST 580 FEET, THENCE NORTH TO THE PLACE OF BEGINNING. TRACT NO. 4 A TRIANGULAR TRACT OF LAND IN THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER NORTHEAST QUARTER, SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER NORTHEAST QUARTER SECTION 7, TOWNSHIP 3 NORTH, RANGE 7 EAST, BOISE MERIDIAN, THENCE EAST A DISTANCE OF 150 FEET TO A POINT; THENCE NORTHWEST TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTER NORTHEAST QUARTER WHICH POINT IS 94 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER NORTHEAST QUARTER; THENCE SOUTH A DISTANCE OF 94 FEET TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER NORTHEAST QUARTER, THE POINT OF BEGINNING. END OF LEGAL DESCRIPTION SCHEDULE C Commitment ~f COMMITMENT FOR TITLE INSURANCE SCHEDULE A File Number: P 107032 ESCROW MAIN OFFICE ATTN: JANET BLOSCH INQUIRIES SHOULD BE DIRECTED TO: HAROLD E. HUSTON VICE PRESIDENT DENNIS M. BAKER 1523 E. BOISE AVE. 2. Policy or Policies to be issued: A. [X] ALTA Owner's Policy, (a-6-90) [X] Standard Coverage [] Extended coverage Amount $ Premium $ Proposed Insured: DENNIS M. BAKER B. [] ALTA Loan Policy, (a-6-90) [] Standard Coverage [j Extended coverage Amount $ Premium $ Proposed Insured: C Amount $ Premium $ 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: FEE SIMPLE a. Title to the fee simple estate or interest in said land is at the effective date hereof vested in: EVA MARLEEN MORGNER, PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF HER HUSBAND IF MARRIED SINCE MAY 25, 1988 1. EffectNe Date: JUNE 20 as of 7:30 A.M. SCHEDULER Commitment _. P 107032 5. The land referred to in th)s Commitment Is described as follows: THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE NORTH ALONG THE EAST BOUNDARY OF SECTION SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 250 FEET TO A POINT; THENCE WEST PARALLEL TO THE SOUTH BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, A DISTANCE OF 95 FEET TO A POINT, THENCE SOUTH PARALLEL TO THE EAST BOUNDARY OF SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7, A DISTANCE OF 250 FEET TO A POINT ON THE SOUTH BOUNDARY THEREOF; THENCE EAST ALONG THE SOUTH BOUNDARY THEREOF A DISTANCE OF 95 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION 1 Fie Number. P 107032 REQUIREMENTS The following are the requirements to be compiled with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wft: COMMITMENT FOR TITLE INSURANCE SCHEDULE B -SECTION 2 File Number: P 107032 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, 'If any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. B. General Exceptions: (7) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. (3) Easements, or claims of easements, not shown by the public records. (4) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. (8) Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. C. Special Exceptions: GENERAL TAXES FOR THE YEAR 1991, WHICH ARE LIENS, ARE NOT YET DUE AND PAYABLE. 2. SEWERAGE CHARGES AND SPECIAL ASSESSMENT POWERS OF THE CITY OF MERIDIAN. NO SPECIAL ASSESSMENTS NOW SHOW OF RECORD. 3. LIENS ANO ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NAMPA MERIDIAN IRRIGATION DISTRICT (343-1884) 4. FROM AVAILABLE MAPS WE NOTE THAT THE SOUTHERLY PORTION OF SUBJECT PARCEL APPEARS TO LIE WITHIN THE RIGHT OF WAY OF PINE AVENUE FOR WHICH WE FIND NO DEED OF RECORD. CONTINUED SCHEDULE 8 SECTION 2 Commitment P 107032 • • 5. FROM AVAILABLE MAPS WE NOTE THAT THE SOUTHERLY PORTION OF THE SUBJECT PARCEL APPEARS TO LIE WITHIN THE RIGHT OF WAY OF FIVE MILE CREEK FOR WHICH WE FIND NO DEED OF RECORD. 6. AN EASEMENT CONTAINING CERTAIN TERMS, CONDITIONS AND PROVISIONS AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED HEREIN. FOR: THE RIGHT-OF-WAY FOR AN EASEMENT FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A SANITARY SEWER LINE IN FAVOR OF: CITY OF MERIDIAN RECORDED: JANUARY 11, 1978 INSTRUMENT NO.: 7801828 UNRECORDED CONTRACT OF SALE, CONSTRUCTIVE NOTICE OR DISCLOSURE OF WHICH IS GIVEN BY JUDICIAL PROCEEDINGS. ENTITLED: FRANK O. MORGNER, DECEASED CASE NO.: 3P-4745 CONTRACT DATED: MAY 26, 1976 IN FAVOR OF: BRUCE WINCHESTER AND MARTIN H. FABRICIUS 8. RIGHTS AND CLAIMS IN AND TO THE RIGHT OF WAYS FOR DITCHES, CANALS AND DRAINS AFFECTING SAID PREMISES. 9. ANY QUESTION WHICH MAY ARISE OR CLAIM THAT COULD BE MADE CONCERNING OR RESULTING FROM ANY UNRECORDED REAL ESTATE CONTRACT OR PARTIES CLAIMING BY, THROUGH OR UNDER THE PARTIES THERETO. NOTE: GENERAL TAXES FOR THE YEAR 1990, WHICH WERE LIENS, IN THE ORIGINAL SUM OF $65.96, ARE PAID. PARCEL NO. S1 1 071 31 71 0 NOTE: THE ABOVE AMOUNT OF TAXES DOES NOT REFLECT A HOME OWNERS EXEMPTION. ANY NEW BUYER MUST APPLY TO THE ADA COUNTY ASSESSOR'S OFFICE FOR SAID EXEMPTION. NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID ASSESSMENTS, CHARGES OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER POSSIBLE UTILITY SERVICES. NOTE: IF THE PROPOSED INSURED UNDER THE POLICY TO ISSUE HAS ANY QUESTIONS CONCERNING THE COVERAGE OR EXCLUSIONS FROM COVERAGE, THE COMPANY WILL BE PLEASED TO PROVIDE AN EXPLANATION. NOTE: PURSUANT TO THE STATE OF IDAHO INSURANCE REGULATIONS, A CANCELLATION FEE IS TO BE CHARGED ON ALL CANCELLED ORDERS. UNLESS OTHERWISE ADVISED, ORDERS WILL BE CONSIDERED CANCELLED SIX MONTHS AFTER THE EFFECTIVE DATE ON THE COMMITMENT. THE AMOUNT OF THE FEE ASSESSED SHALL BE IN ACCORDANCE WITH OUR RATE FILING WITH THE IDAHO DEPARTMENT OF INSURANCE. END OF EXCEPTIONS SCHEDULE B SECTION 2 Commitment E ~'$"'f°~I I e ~ r ~ ecs`cn ?uFoses _ny assures no ~~ R10J91617J0 ._ ~c!,{F.avY A D D I T I C ~~~ ,, e R1oJelenoo v •r . e~.;: s~wrausR. Creek - -.,~. .,,., ~~~ FU~Ek TITLE nl .-~ 1...51 ,ly: a'.~ 91.35683 ION~.~HTITL~ CO. PT(INFH,R TITLi/ COMPANY I J, pAVI!) idAVAi;(t0 ~~~~~/ „ JJ. OFADACDUNTY i RECORDER BY ~~-- 82] Wet State Shat Boise, ldahu H3702 (2118) 3;~h-(ii00 ~ "91 JllL 1 Pal 3 07 ti8zti VorLli Cnle Road Boise, Itiahu 83704 j (2118') 377-2700 -_ __ _ __ - r'i~lid!-'fit ~S`L~-~.~ ~.tracH nxnv~. t~ulUtuccufuwr, n.nr,~ WARRANTY DEED (INDIVIbUAI) P(~ K `,' ~ LL E L<Ll G I V P D Ri)Lfe.kl J, 8'I"k~?WART, a roarr'if~*,d man ass hi> ;ply hrt~i -;E,»t-~,r,~ ~:r,hr~~ty, t IRA.A'TOLt1a ), dues(do) hereby GRANT, 11.4KGAIN, SF,1,1, and CONVEY uruo DENNI5 M. BAKER ANp JEAN S. brtrER, hu'~;b~tnd :atlti wiNc, GR n `: T F:E(~ ~. tah;,.c cu. rent ;t ddress r dlc l~dlo~~:~g fic.cribed real prOpcrl~itr ']5',2;1 f`, BDIS[' AVG:IJUE, BO15E:, ID Caulty, State-m Idaho. more p,uUr~ulxrir de~<ribec. ns fOllous, b-~ wicADA 5[eL EXH1B,If ""fi". Ai"IAIiHE'.[1 HERETO AND MADE. A i)ART HERkOf", CiY REFERENOE, AND WH1(:h'I S CuMfak[`FD fll" 'IVJO (2) FtAG+f:S. l't_) 11AVL .AND TC) Hpl,ll Ihe. said premises, w'lth thzir appur'.cnxncc unto the said Granlee(si, mu3 Gr;uttez(s) heirs and +~ci~nS toil ver, Aud rite yard t_;rlnlor(e) docsfdo) hereby uOVenanl lu and uilh the raid (irantez(s), lhi•. Cirxnkrr(s) is/are the Uwnel (3j in fee .ennple ut's;i10 j)IPl'11tic Sl llttl sxd premoCs air hl'C In»n ttil C11CUnlhl'allces, fSAC.Lf T IhOSC 10 which this Ci111vCV ar1C.L' is l'xnrl'S~~V Il]atj2 >UhjCCI and ll. r...t-, snf:'ZI'ed or done I?y Lhe UI'ahlre(s]; .Ind subjccl.I(t reFer¢allUll, rCStri coons, dedlCatIU115, eaSCll ii•11LS, n~hls Of way and agtr ~ : any) of record. and general tuxes and aheeastncntn, (includes in•igation and utility asseaxtnents, (if any) for Ibe curretn ~~ ~~ih ur, not yet due and psvttBle, and that (;rnltUri.2 will wxrrxnl xnd defend the sank lritrtl all lttwl'UI dalllls N'IJI'.i,~lr _ _-_ ~. a,~J..,i _ _ _. -_ -. /~r~ r, ~:ii81''Rlt .;. SlLv~tARl On aria _ ..3-4't'~ ,_ _ tl~p ~~i I un ill- appal+red__ 'killxyst tm fl(I ~'nh Led tc +`0-In ht' LIR ,u:n'~ttCnt,,a+nl itcktmwl%•ueC(liu ~r~~ ,It17~` a„ xL[ ~n.l-.,. ~.mc. (~: :4ed the ?y ~ a ary ).- Kestdinltal~_ _ ~1)+ l ormnir,,i~a xy. itl lhh. year of 1991 _, before me _ - .-' a nnlan' nuhlic. subsi',fiPSrR1~1(t tJ>t~yy'i'~~in T ____ _ _ _ _. _3112143 <~ ~ _ _ EXHIBIT "A" THA`i' PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING, AT A POINT WHICH IS SOUTH 89°41' WEST A DISTANCE OF 1255.2 FEET FROM THE SECTION CORNER COMMON TO SECTIONS 5, v, 7 AND 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THE REAL POINT OF 6EGTNNING; THENCE SOUTH b°34' WEST 25.0 FEET TO THE CENTER OF THE DRAIN DITCH; THENCE ALDNG THE CENTER LINE OF SAID DRAIN DITCH (WHICH CENTER LINE FOLLOWS APPRpXIMATELY THE FALLOWING COURSES AND DISTANCES;) SOUTH 50"4'7' EAST 161.10 FEET; THENCE Si~UTH 25"52' EAST 183.0 FEET; THENCE S~>OTH 9°05' EAST 253.0 FEET; THENCE `SOUTH 81"52' EAST 71.0 FEET; THENCE NORTH 58°24' EAST 153.0 FEET; THENCE NORTH E<."00' EAST 45 FEET, MORE OR LESS TO AN INTF,RSECTION OF' TI1E NORTHERLY EXTENSION OF AN EXISTING FENCE LINE; THENCi: SOUTH "°O1' WEST 49 FEET, MORE OR LESS TO THE NORTHEASTERLY .ORNER OF THAT PROPERTY bESCRTBED IN WARRANTY PEED riECORDED MAY 9, 1958 UNDER FEE NO. 429095, RECORDS OF ADA COUNTY, IDAHO; THENCE SOU'1'h 64'57' WEST 276.3 FEET TO A POINT; THENCE +oU'1't; 2c`42' FAST 150.0 FEET TO A POINT; THENCE ;OU1'H 2o`g3' EAST 114.7 FEET TO A POINT; THENCE aOUTH 31 ° 59' PAST 73. 7 FEET TO A F'UlN'A'; THENCE SOTITH 48°43' EAST 131.0 FEET TO A PpTNT; WHICH TS ON AN EXIS'T'ING FENCE LINE; THENCE SOUTH 0°01.' WEST ALONG SAIp EXISTING FENCE LINE 303 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE. OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTION 7, TUWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE SOUTH 39°45' WEST 406.65 FEET, MORE OR LESS TO A POINT WHICH IS 150 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE i~'ORTHWESTERLY TO A POINT ON THE WEST LINE OF SAID NORTHEAST QUARTEk OF THE NORTHEAST QUARTER, WHICH IS 94 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 0°34' FAST 1228.7 FEET TO THE SECTION LINE AT THE CENTER OF TtiE STATE HIGHWAY; THENCE NORTH 89°41' EAST ALONG THE SECTION LINE 53.2 FEET TO THE POINT OF BEGINNING. L.I;GAL CONTINUED ~ ^{ [~7.7 : 9i crr.:4~ F[fjNEE~n'. TITLE b2 ALSO A TRACT OF LANb LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTTON 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO DESCRIBED AS FOLLOWS: BEGINNING AT THE SECTION CORNER COMMON TO SECTIONS 5 AND 6, 7 AND 8, TOWNSHIP 3 NORTH, RANGE i EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOiJTH 0°39' WEST A DISTANCE OF 1325.0 FEET TO A POINT IN THE COUNTY ROAD; THENCE tIORTH 89°39' WEST A DISTANCE OF 659.6 FEET TO A POTNT; THE REAL POINT OF BEGINNING; THENCE NORTH 0°34' WEST A DISTANCE OF 165.0 FEET TO A POINT; THENCE NORTH 29°29' WEST A DISTANCE OF 94.0 FEET; THENCE NGRTH .2"39' WEST A DISTANCE OF 66.0 FEET TO A POINT OF AND k V:IS`1'ING FENCE LINE; THENCE SOUTH 0°O1' WEST ALONG SAID EXISTING FENCE LINE 303 FF.F.T MGRE OR LESS TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER Ofi THE NORTHEAST QUARTER OF SECTION 7 :'OWNSHIP 3 NORTH OF RANGE 1 EAST; THENCE NORTH 8~~ 39' EAST ALONG SAID SOUTH LINE OF THE NORTHEAST ~;UA~'TER OF THE NORTHEAST QUARTER A DISTANC$ OF 90 F'EE'D ..:E REAL POINT OF BEGINNING. BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 110450 ~ Harold Sweeney HC 33 Box 3220 Boise, Idaho 83706 110453 Harold Sweeney HC 33 Box 3220 Boise, Idaho 83706 110300 Idaho First National Bank Raasch Joyce Trust Trust Department P. O. Box 7928 Boise, Idaho 83707 110110 X 129b1North Locust Grove Road Meridian, Idaho 83642 110200 H. N. Benham P. O. Box 600 Challis, Idaho 83226 110150 Joseph Denardi 1850 Wildwood Boise, Idaho 83704 110100 Vasile Petrutiu 1295 North Locust Grove Road Meridian, Idaho 83642 110010 Chester LaCasse 1215 North Locust Grove Meridian, Idaho 83642 121075 James Daly unknown per County Records 110599 L. C. Jones M. Fabricius 1235 Adkins Meridian, Idaho 83642 131299 Melvin Partridge Gordon Baker 912 Kimball Boise, Idaho 83704 120900 Elenora Johnson 8306 West State Boise, Idaho 83703 Page 1 BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 121105 Nora Overton 8921 Sunflower Boise, Idaho 83704 120750 Jonas Lee 835 East Fairview Meridian, Idaho 83642 120700 Elenora Johnson X 8306 West State Boise, Zdaho 83703 120600 Clarence Morgan 1187 East Fairview Meridian, Idaho 83642 120620 Thomas Howell 2239 Calle Jalapa West Covina, .California 91792 5110741 7300 Paul Wilson 1125 East Pine Meridian, Idaho 83642 86576000005 Onwiler Subdivision 0005 Lot 1 Doris Oliason 603 East Pine Meridian, Idaho 83642 0150 0250 Lot 2 Harold Wilkins 707 East Pine Meridian, Idaho 83642 Lot 6 William Thomas 745 East Pine Meridian, Idaho 83642 1125 ~ George Strasser 825 East Pine Meridian, Idaho 83642 0934 Charlotte Iow 911 East Pine Meridian, Idaho 83642 Ruth Crow Page 2 BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 0728 ~~ Paul McKague 110 East 1st Street Meridian, Idaho 83642 0744 Paul McKague 110 East lst Street Meridian, Idaho 83642 0938 Paul McKague 110 East 1st Street Meridian, Idaho 83642 1380 William Humphrey 939 East Pine Meridian, Zdaho 0950 Gerald Peterson 935 East Pine Meridian, Idaho 83642 R657600 0200 Voyle Davis 721 East Pine Meridian, Idaho 83642 0755 0805 R781377 Settler's Village 0380 Lot 1 Block 2 0390 Lot 2 Block 2 0400 Lot 3 Block 2 Glen Gordon 17350 West Shaw Aloha, Oregon 97005 0010 Lot 1 Block 1`~,~Steven Hosac 1606 West Hayes Boise, Idaho 83702 0020 Lot 2 Block 1 Steven Hosac 1606 West Hayes Boise, Idaho 83702 Page 3 BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 0030 Lot 3 Block 1 Steven Hosac 1606 West Hayes Boise, Idaho 83702 R190100 Doris Subdivision 0080 Lot 1 Block 2 ~ Steve Michels 1630 East Paradise Meridian, Idaho 83642 0090 Lot 1 Block 2 Steve Michels 1630 East Paradise Meridian, Idaho 83642 0100 Lot 3 Block 2 Steve Michels 1630 East Paradise Meridian, Idaho 83642 0005 Lot 1 Block 12 Adrian Mansayon 1555 East Carol Meridian, Idaho 83642 0010 Lot 2 Block 1 Barry Gwin 1515 East Carol Meridian, Idaho 83642 0016 Lot 3 Block 1 Joseph Dealy 0021 1445 Carol 0026 Meridian, Idaho 83642 0030 Lot 4 Block 1 Greg McCarthy 1385 East Carol Meridian, Idaho 83642 0040 Lot 5 Block 1+~ John Creason P. O. BoX 334 Donnelly, Idaho 83615 0050 Lot 6 Block 1 John Creason P. O. Box 334 Donnelly, Idaho 83615 0060 Lot 7 Block 1 W. S. Enterprises 7261 Glenridge View Boise, Idaho 83709 0074 Lot 8 Block 1 Brent Barrus 5720 Overland Meridian, Idaho 83642 Page 4 • i BENHAM PARK SUBDIVISION ADJACENT PROPERTY OWNERS 8203926 Eastside Subdivision 0005 Lot 5 L. C. Jones M. Fabricius 1235 Adkins Meridian, Idaho 83642 1505 Lot 6 Richard Allison 1500 1040 East Pine 1515 Meridian, Idaho 83642 1750 Lot 7 Rose Grant 111 Adkins Meridian, Idaho 83642 Lot 8 86576000300 Margarette Horton 607 East Zdaho Meridian, Idaho 83642 George Strasser 825 East Pine Meridian, Idaho 83642 DAT/bb 121.nts Page 5 .. t, ~~ U^ APPLICATION FOR ANNEXATZON APPROVAL i ZONING Meridian Planning i Zoning Commission Filing Information I. GENERAL INFORMATION Benham Park Subdivision (Proposed Name of Subdivision) Na section 7, T.3N., R. lE., B.M., Ada County, Idaho (General Location) See attached description. (Legal Description - attach if See attached list of o~ (Owner(s) of Record) (Name) (Telephone (Address) (Applicant) (Name) (Telephone No. ) 1523 E. Boise Avenue, Boise, Idaho 83706 (Address) Hubble Engineering, Inc. 322_8992 (Engineer, Surveyor or Planner) (Name) (Telephone No. ) 7025 Emerald Street Boise, Idaho 83704 (Address) ~ir~~lelcftamoiisy' Resildren~iA~rsu~division with commercial and limited office areas. (Type of Subdivision-Residential, Commericial, Industrial) ± 50 Acres of Land in Contiguous Ownership. s. (Accepted By:) (Fee) 4 • THESE ARE ITEMS NEEDED FOR ANNEXATION 6 ZONING REQUESTS 1. Name, address and phone number of applicant; 2. Name, address and phone number of owner of subject property, and proof or title in said owner; 3. Notarized request for zoning amendment from titled owner, successor of said owner, or valid title option holder or contract purchaser with consent from the titled owner if not requested by the titled owner; 4. Legal description of property; 5. Legal description of all adjoining rights-of-way, railroads, roadways, highways and easements the full length of the property; 6 . Present 1 and use ; A,C~~-~ c.wl~-u¢.~.~ RES ~ D~'(~ °~~ 7. Proposed land use; R~[~„7E..~ j ~c.L. 8. Present d1StrlCt; ~..'~/'~-~ Gott .-~;~ 9. Proposed district; ft`~b m£R~r~~h,/ 10. Characteristics of subject property which make the zoning amendment desirable; 11. Necessity or desirability of development pertaining to the zoning amendment and its harmony with adjacent development; 12. One (1) map of scale one (1) inch equals one hundred (100) feet of the property concerning the zoning amendment; 13. Twenty-Five (25) copies of a vicinity map of a scale of one (1) inch equals three hunred (300) feet; 14. A list of the mailing addresses of all property owners, from authentic tax records of Ada County, who are within three hundred(300) feet of the external boundaries of the land being considered, and all property owners included within the property being considered; 15. A statement of how the proposed zoning amendment related to the Meridian Comprehensive Plan; 16. A fee as established by the Council; (see 2-422 A) 18. The property will be posted 1 week before hearing stating they have applied for a Conditional Use Permit or Zoning. There must be a signed affidavit that this has-been done as part of the application. :, -~ PROCEDURES FOR ANNEXATION 6 20NING REQUESTS 1. The Applicant Shall: a. Give notice of the hearing, at least fifteen(15) days prior to the hearing, by certified mail to property owners within the land being considered and to owners within 300 feet of the external boundaries of the land being considered. Said notice of certified mail must be deposited with the United States Post Office at least 15 days prior to the hearing. Said notice shall contain a vincinity map of the property, a brief state- ment of the nature of the application, the name and address of the applicant. b. Provide the City Clerk with the names and addresses of property owners notified, a notarized statement of complaince and a copy of the notification. 2. The Commission Shall: a. Conduct at least one public hearing at which interested persons will have the opportunity to be heard. At least 15 days prior to hearing notice of the time and place shall be published in newspaper. b. Within 45 days after hearing the Commission, shall transmit its recommendation to the Council with supp- orative reasons, the Commend shall recommend the application be approved, approved with conditions or denied. The Commission shall insure that .any approval is in occordance with the Comp Plan, this Ordinance and State Law. 3. The Council: a. The Council shall conduct one public hearing after notice requirements as above. b. After hearing the Council shall approve, approve with conditions or deny, with supporative reasons. July 16, 1991 Mr. Jack Niemann City Clerk City Of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Annexation Request I hereby request that a portion of ground located within the proposed Benham Park Subdivision (see attached property description) be annexed into the corporate limits of the City of Meridian. ~ ~ PatriciB~Jean Fabricius STATE OF-IDAHO )ss COUNTY OF ADA 1 On this J~ day of j ~ , 1991, before me, the undersigned, a Notary Pubxlic' and for said State, personally appeared p tr' ci Je'`ari ''F hYi Qii'~_ to me to be the person whose name is subscri~be~ wi`'thin anc~ ac~owledged to me that he executed the same. In witness, i have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary blic fo- Tdalra Residing at ' 6L-~ _ _ My Commission Ex1S$i'e~_ ~- ~ DAT/bb _ . 940.1tr NUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 Boise, Idaho 83704 (208) 322-8992 Fax (208} 378-0329 July 16, 1991 Mr. Jack Niemann City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 RE: Proposed Benham Park Subdivision Dear Mr. Niemann: On behalf of B.W., Inc., we are submitting the attached application to you requesting approval of a 206 lot single family residential subdivision. The proposed Benham Park Subdivision is located on the north side of East Pine Avenue in the Northeast quarter of Section 7, T.3N., R.lE., B.M., Ada County, Idaho. Additionally, we are requesting that the subject property be annexed into the City of Meridian's corporate limits with the majority of the property zoned R-8 and parcels adjacent to Pine Avenue and Fairview Avenue zoned (C) Commercial and (L-O) Limited Office. This proposed subdivision will contain lots that range from 6,600 square feet to 8,000 square feet. All lots will be connected to city sewer and water systems through extensions of existing main lines which are located within or adjacent to this project. The streets will be public and will be constructed in accordance with the Ada County Highway District St rtarwill be rerouted and tiledt currently courses through this prop Y any will be utilized for site drainage discharge. This proposed develo services and in an expansion within the City Thank you question Project for your r require pment is located adjacent to existing city area that is well suited for residential of Meridian. consideration and time. If you have any further information, please give me a call. Enclosures DAT/bb 939.1tr ~ WARRANTY D~D a d For Value Received L. C, JONES and ANNA M. JONES, husband and wife, the grantors do hereby grant, bargain, sell and convey unto MARTIN H, FABRICIUS and PATRICIA J. FABRICIUS, husband and wife, ~p" the grantees ,the following described premises, to-wit: -_ i Lots number One (1) and Eight (8) of East Side Addition to the village of Meridian, Idaho, as the same appear on the official plat of said Addition now on file in the office of the County Recorder of Ada County, Idaho. Together with any and all water and irrigation rights belonging thereto and ditches and laterals appertaining. Commencing at the SW corner of the NE's of Sec. 7, T. 3N , R lE., B.M., thence North 58 rods; thence East 301 feet to the real point of beginning; thence continuing East 359 feet; thence South 297 feet; thence East 660 feet; thence North 695 feet; thence West 580 feet; thence North 625 feet; thence West 439 feet; thence South 1023 feet to the real point of beginning, together with all water rights, ditches, laterals and reservoir rights thereunto belonging; Also a road right of way 25 feet wide to be kept open and un- obstructed in any manner at all times on and along the South line of Block 13 of Cottage Home 2nd Addition to Meridian, thence runnin; on and along the East line of said Block 13 to a point 967 feet North of the SW corner of the NE4 of said Section 7, T. 3N., R. lE. thence connecting on the East side of said roadway and extending East to the land above described the North line of said extension, being common to the Northerly end line of the above portion of said roadway running North, said extension being 16 feet wide, all of the above described land being in Section 7, Township 3 North;. Range 1 East, B.M. That portion of the NW4 of NE's of Section 7, Township 3 North, Range 1 East of the Boise Meridian, described as follows: Begin- ning at a point 660 feet South of the Northeast corner of said Subdivision; and running thence West 580 feet; thence South 625.74 feet; thence East 580 feet; thence North to the place of beginning. A triangular tract of land in the SW corner of the NE's NE's, Section 7, Township 3 North, Range 1 East, B.M., more particularly des- cribed as follows: Section 7, T. 3N., R. lE. Beginning at the SW corner of the NE's ~~~ Dint; thence NE's which point B.M., thence East a distance of 150 feet tO a NE's; thence South a Northwest to a point on the West line of said NE's is 94 feet North of the SW corner of said NE nce of 94 feet to the SW corner of said NE's NE's, the point of dista beginning. TO HAVE AND TO HOLD the said premises, with their appurtenances unto. the said Grantee s, their heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantees , that they are the owners in fee simple of said premises; that said premises are free from all incumbrances and that they will warrant and defend the same from all lawful claims whatsoever. Dated: FeBI?efary 10th , 1965. STATE OF IllAHO, COUNTY OF ADA On this 10th say or Feb.. Is 65 before me, a notary public in and for said State, personally 1 appeared L. C, JONES and ANNA M. JONES, ~ husband and wife, k^''- ~e Ito be the persons whose name theGvjthiih instrument, and acknowledged ato e ~' y ~ ~ ~ executed the same. ev~.~ _ ~'---~ Notary public . ~.'dlan ,Idaho ~.y 15th 1966 ~~~~ ~/ 9I407't0 at ADA C^';NTY, i D. FORP~EERTITLECQ,~'•' J. DAVID NAYARftO p,~, I RECORDER BY~~~~~~-~ON ~00 ' 91 JUG 26 HMI 11 SO Printed and Fm Sala Br Srma-York Compaty, Holes RUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 Boise, Idaho 83704 Project No: 91-04 9/05/91 REVISED DESCRIPTION FOR PROPOSED BENHAM PARK SUBDIVISION A PORTION OF THE NE 1/4 OF SECTION 7, T.3N., R.lE., B.M., ADA COUNTY, IDAHO A parcel of land being a resubdivision of Lot 6 of Eastside Addition to Meridian, a subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 4 page 158 and a portion of the NE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 22°23'00" West 87.14 feet to a point; thence South 0°26'54" West 326.80 feet to a point; thence South 84°44'00" West 339.00 feet to a point; thence North 87°19'04" West 50.03 feet to a point; thence South 0°51'54" West 49.00 feet (formerly described as South 0°O1' West 49 feet) to a point; thence South 65°4'7'54" West 276.30 feet (formerly described as South 64°57' West 276.3 feet) to a point; thence South 27°51'06" East 150.00 feet (formerly described as South 28°42' East 150.0 feet) to a point; thence South 19°52'06" East 114.70 feet (formerly described as South 20°43' East 114.7 feet) to a point; Proposed Benham Park Sub. - Rev. (208) 322-8992 • Fax (208) 378-0329 Page 1 C1 Project No: 91-0 9/5/91 thence South 31°08'06" East 73.70 feet (formerly described as South 31°59' East 73.7 feet) to a point; thence South 47°52'06" East 131.00 feet (formerly described as South 48°43' East 131.0 feet) to a point; * thence South 42°57'09" East 66.00 feet (formerly described as South 42°39' East 66.0 feet) to a point; * thence South 29°47'09" East 94.00 feet (formerly described as South 29°29' East 94.0 feet) to a point; * thence South 0°52'09" East 178.61 feet (formerly described as South 0°34' East 165.0 feet), to a point on the Southerly boundary of the NE 1/4 of the said NE 1/4 of Section 7; thence North 89°57'09" West 547.99 feet (formerly described as South 89°45' West, to a point marking the Northeast corner of the SW 1/4 of the said NE 1/4 of Section 7; thence South 0°30'58" West 655.47 feet (formerly described as South 655.48 feet) along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 7, which is also the Westerly boundary of the said Eastside Addition to Meridian, to a point marking the Northwest corner of the said Lot 6 of Eastside Addition to Meridian; thence North 89°48'48" East 314.47 feet (formerly described as East 314.75 feet) along the Northerly boundary of the said Lot 6 of Eastside Addition to Meridian to a point marking the Northeast corner of the said Lot 6 of Eastside Addition to Meridian; thence South 0°29'56" West 654.12 feet (formerly described as South 649.7 feet) along the Easterly boundary of the said Lot 6 of Eastside Addition to Meridian to a point marking the Southeast corner of the said Lot 6 of Eastside Addition to Meridian; thence South 89°33'52" West 314.69 feet (formerly described as West 314.75 feet) along the Southerly boundary of the said Lot 6 of Eastside Addition to Meridian to a point marking the Southwest corner of the said Lot 6 of Eastside Addition to Meridian, also said point being a point on the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East 225.00 feet along the said Easterly boundary of the SW 1/4 of the NE 1/4 of Section 7 to a point; thence South 89'33'52" West 95.00 feet to a point; • Page 2 Proposed Benham Park Sub. - Rev. i ~ Project No: 91-0 9/5/91 thence South 0°30'58" West 250.00 feet to a point on the Southerly boundary of the said SW 1/4 of the NE 1/4 of Section 7; thence South 89°33'52" West 566.91 feet along the said Southerly boundary of the SW 1/4 of the NE 1/4 of Section 7, which is also the centerline. of East Pine Avenue, to a point; thence North 0°32'59" East 956.99 feet (formerly described as North 962.0 feet) to a point; thence South 89°33'52" West 360.36 feet (formerly described as West 359.0 feet) to a point; thence North 0°34'58" East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; thence South 89°42'38" East 1,020.34 feet (formerly described as East 1,019.00 feet) to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North 0°34' East) 667.98 feet along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7; thence South 89°28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1°24'54" West 25.00 feet (formerly described as South 0°34' West 25.0 feet) to a point; thence South 49°56'06" East 161.10 feet (formerly described as South 50°47' East 161.1 feet) to a point; thence South 25°01'06" East 183.00 feet (formerly described as South 25°52' East 183.0 feet) to a point; thence South 8°14'06" East (formerly described as South 9°05' East) 217.54 feet to a point; thence North 0°24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; * thence South 89'32'15" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 61.99 acres (2,700,441.45 square feet), more or less, Proposed Benham Park Sub. - Rev. Page 3 Project No: 91-0 SUBJECT TO: 9/5/91 All easements and road rights-of way of record on the above described parcel of land. Gary 1. Rodenspiel, L.S. NOTE: Survey was compiled from data of record and calculated data and not from an actual field survey by Hubble Engineering, Inc. * Denotes Rev. 9/05/91 - Addition to Property EDH/DAT/GLR/bb/ph 1079R.des Proposed Benham Park Sub. - Rev. Page 4 Prepared by RUBBLE ENGINEERING, INC. RUBBLE ENGINEERING, INC. 7025 Emerald • Suite 200 • Boise, Idaho 83704 (208) 322-8992 • Fax (208) 378-0329 Project No: 91-049 9/06/91 REVISED DESCRIPTION FOR ANNEXATION TO THE CITY OF MERIDIAN FOR PROPOSED BENHAM PARK SUBDIVISION A PORTION OF THE NE 1/4 OF SECTION 7, T. 3N., R.lE., B.M., ADA COUNTY, IDAHO thence South 22°23'00" West 87.14 feet to a point; thence South 0°26'54" West 326.80 feet to a point; thence South 84°44'00" West 339.00 feet to a point; thence North 87°19'04" West 50.03 feet to a point; thence South 0°51'54" West 49.00 feet (formerly described as South 0°O1' West 49 feet) to a point; thence South 65°47'54" West 276.30 feet (formerly described as South 64°57' West 276.3 feet) to a point; thence South 27°51'06" East 150.00 feet (formerly described as South 28°42' East 150.0 feet) to a point; thence South 19°52'06" East 114.70 feet (formerly described as South 20°43' East 114.7 feet) to a point; thence South 31°08'06" East 73.70 feet (formerly described as South 31°59' East 73.7 feet) to a point; Proposed Benham Park Sub. Annexation - Rev. Page 1 A parcel of land lying in the NE 1/4 of Section 7, T.3N. , R.lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; Project No: 91-049 9/05/91 thence South 47°52'06" East 131.00 feet (formerly described as South 48°43' East 131.0 feet) to a point; * thence South 42°57'09" East 66.00 feet (formerly described as South 42°39' East 66.00 feet) to a point; * thence South 29°47'09" East 94.00 feet (formerly described as South 29°29" East 94.00 feet) to a point; * thence South 0°52'09" East 178.61 feet (formerly described as South 0°34' East 165.0 feet, to a point on the Southerly boundary of the NE 1/4 of the said NE 1/4 of Section 7; * thence North 89°57'09" West 647.02 feet (formerly described as South 89°45' West, to a point marking the Northeast corner of the SW 1/4 of the said NE 1/4 of Section 7; thence South 0°30'58" West 1,085.96 feet along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 7 to a point; thence South 89°33'52" West 95.00 feet to a point; thence South 0°30'58" West 250.00 feet to a point on the Southerly boundary of the said SW 1/4 of the NE 1/4 of Section 7; thence South 89°33'52" West 566.91 feet along the said Southerly boundary of the SW 1/4 of the NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0°32'59" East 956.99 feet (formerly described as North 962.0 feet) to a point; thence South 89°33'52" West 360.36 feet (formerly described as West 359.0 feet) to a point; thence North 0°34'58" East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; thence South 89°42'38" East 1,020.34 feet (formerly described as East 1,019.00) feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North 0°34' East) 667.98 feet along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7; thence South 89°28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; Page 2 Proposed Benham Park Sub. Annexation - Rev. y ° • • Project No: 91-049 9/05/91 thence South 1°24'54" West 25.00 feet (formerly described as South 0°34' West 25.0 feet) to a point; thence South 49°56'06" East 161.10 feet (formerly described as South 50°47' East 161.1 feet) to a point; thence South 25°01'06" East 183.00 feet (formerly described as South 25°52' East 183.0 feet) to a point; thence South 8°14'06" East (formerly described as South 9°05' East) 217.54 feet to a point; thence North 0°24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; * thence South 89°32'15" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 57.27 acres (2,494,476.58 square feet), more or less. SUBJECT TO: All easements and road rights-of way of record on the above described parcel of land. Gary L. Rodenspiel, L.S. NOTE: datae and snotm from ano a foal field osurvey by cHubble Engineering, Inc. EDH/DAT/GLR/bb 1080R.des * Denotes Rev. 9/05/91 - Addition to property. Page 3 proposed Benham Park Sub. Annexation - Rev. Prepared by RUBBLE ENGINEERING, INC. RUBBLE ENGINEERING, INC. 7025 Emerald Suite 200 • Boise, Idaho 83704 Project No: 91-047 7/17/91 DESCRIPTION FOR L-O ZONE APPLICATION OF THE PROPOSED BENHAM PARK SUBDIVISION PORTIONS OF THE NE 1/4 NE 1/4 AND THE SW 1/4 NE 1/4, SECTION 7, T.3N., R.lE., B.M., ADA COUNTY, IDAHO A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 1,320.51 feet along the Northerly boundary of the said NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7, also said point being the REAL POINT OF BEGINNING; thence South 89°28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1°24'54" West 25.00 feet (formerly described as South 0°34' West 25.0 feet) to a point; thence South 49°56'06" East 161.10 feet (formerly described as South 50°47' East 161.1 feet) to a point; thence South 25°01'06" East 76.92 feet (formerly described as South 25°52 East) to a point; thence North 89°29'02" West 222.30 feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North 0°34' East) 197.00 feet along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to the point of beginning, comprising 0.664 acre (28,937.35 square feet), more or less, (208) 322-8992 Fax (208) 378-0329 L-O Zone - Benham Park Sub. Page 1 . ~ -~ Project No: 91-047 7/17/91 AND ALSO: A parcel of land being a portion of the SW 1/4 of the NE 1/4 of Section 7, T.3N., R.lE., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence South 0°26'54" West 2,649.57 feet along the Easterly boundary of the said NE 1/4 of Section 7, which is also centerline of Locust Grove Road, to a point marking the one-quarter corner common to the said Section 7 and 8; thence South 89°33'52" West 1,418.83 feet along the Southerly boundary of the said NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0°30'58" East 25.00 feet to a point on the Northerly right-of-way line of the said East Pine Avenue, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°30'58" East 200.03 feet to a point; thence South 89°33'52" West 566.78 feet to a point; thence South 0°32'59" West 200.03 feet to a point on the said Northerly right-of-way line of East Pine Avenue; thence North 89°33'52" East 566.90 feet along the said Northerly right-of-way line of East Pine Avenue to the point of beginning, comprising 2.60 acres (113,367.33 square feet), more or less, and containing a net area of 3.27 acres (142,304.68 square feet), more or less, L-0 Zone - Benham Park sub. Page z T • • Project No: 91-047 7/17/91 SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. Prepared by RUBBLE ENGINEERING, INC. Gary L. Rodenspiel, L.S. NOTE: Survey data was compiled from data of record and calculated data and not from an actual field survey by Hubble Engineering, Inc. EDH/DAT/GLR/bb 1082.des Page 3 L-O Zone - Benham Park Sub. NUBBLE ENGINEERING, INC. 7025 Emerald Suite 200 • Boise, Idaho 83704 Project No: 91-049 DESCRIPTION FOR COMMERCIAL ZONE APPLICATION OF THE PROPOSED BENHAM PARK SUBDIVISION A PORTION OF THE NE 1/4 NE 1/4, SECTION 7, T.3N., R.lE., B.M., ADA COUNTY, IDAHO 7/17/91 A parcel of land being a portion of the NE 1/4 of the NE 1/4 of Section 7, T.3N., R.1E., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the Section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 22°23'00" West 87.14 feet to a point; thence South 0°26'54" West 326.80 feet to a point; thence South 84°44'00" West 339.00 feet to a point; thence North 87°19'04" West 50.03 feet to a point; thence South 0°51'54" West 49.00 feet (formerly described as South 0°O1" West 49 feet) to a point; thence South 65°47'54" West 276.30 feet (formerly described as South 64°57' West 276.3 feet) to a point; thence North 0°26'42" East 126.08 feet to a point; thence North 0°24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; (208) 322-8992 Fax (208) 378-0329 Commercial Zone - Benham Park Sub. Page 1 • Project No: 91-049 7/17/91 thence South 89°32'15" East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 7.02 acres (305,974.72 square feet), more of less, SUBJECT TO: All easements and road rights-of-way of record on the above described parcel of land. Prepared by RUBBLE ENGINEERING, INC. c~TFOF~~~vy ~'tY ci1S Gary L. Rodenspiel, L.S. NOTE: Survey data was compiled from data of record and calculated data and not from an actual field survey by Hubble Engineering, Inc. EDH/DAT/GLR/bb 1081.des Commercial Zone - Benham Park Sub. Page 2 Nq/~ ~ ` uj I e ^ ~+ ~ h . I, ~ 5 - , ~ ~ ~ RT RIM " r " ~ " I ~ ~ . : ~ C-3 , " < m "~ ~ _ . _ RI _; N " 1 ~ N ° / - -~ ~ _ " m 'P N ~° j ' N N m N m 2 •~<< N n ~ V~ mV •3n 'N ,. n O m 1--- ~ ", d N "~ r d o ~ n n N ~ ~ ~ ~ N n ~ n r a y/ N / a,~ d " '° r ~ F, 1 - .T ~ ~O N _ p 0 rn .W I I ~ ~ m aJ n 0 N m , ` • n ~~ " v°' N n m i&7tl lS-WfNHtlBy-'-~ )y q „ ^ I y K , ~ ~ m I ~ rn \` m N e < J• ~;, m r ,c " d n N _ O m 1 ` • ~ Rl r ~ rym F N " " \ r N p ~ ~ r ~ N N • ~ N ~ ~I ~ ~ n N C O m d u, f ~ N n N 8 .1;_ ~ ~I n 233tlt5 -ltH N N N D• 0 • I p h i ~ • N= m m n (p r N ) ~ _.. • ~ N n a p4 ~ u > AEI Y ~ m m N ..• ~~ ~ r tO " n n n < n ~ N N I • r m m yNj O N ~ I i.L • N N Oi~ ' n ` n n n AN ~ ~2 3'~ ..2 i ~ ~3 i o m n N ~ < n m "~ ~ p aI lFtI N~ t e I ~„ i l\ . a N n " 4 N N m _ m _ r ~ N d M _~ J..~ Ll_ ~,,µ , N 0."' ~ r m " Y O t_~. ~ o m N N p °~ ' d a s ' RT o a ~ ~ p N " 4 ~ U W 2 ~p V J __ _ Oe • `.~M ,u~~~ ~ / z 'R Z ~~ ` ~" ~~ R ~ • i PvoPos~ ~E~.JN-nI~ ; ~ BAR I` '4 RY ~ 3 ' ~ i ~ : ~ )BDIJISION S~ i . ~ • S 1 t: ~~ ~ ' 3 0 ~1~ 6 -7 = -- - • r 1 1 1 Z ~ I ~ r NN~~N•N••NN u~ ~1 \ \ ._ .__ _._ R ~ ---___ C KK m r ~ MERIDIAN n I ~ i i paax~f A ~~Fe ' x F. [ ~ xj°e~ i ~ ~ O ,, ~ ~ ' L6 i x ~~f~E ~ i~ 04 ~d ~~~ ~ ~~~a j ~t ~Sti3 n - O 1 i F°!aa - 40 ~ 4?z !8 ~Ei 6§ i`€` ,. Y ~,; gs~gg `. @@ F f ~ ~ d'd 6 3r x. r«.. c g eQz ~~ 3~~ B ~ef z> a B °I~ ~ a bSe ~ ~ 63'c 8 a ( i , x ~ §i, 1 i ! 6 ii ~ ~d ; ~ ~~:8' [ 7 of i i~ O _ _.1.~_: ._~ _. _ _. ~' `v _. O ~' ® ~ ®'. x ' ® ® E © O ~- _ ©, = F~ z.. -_ - ® ®~ ~_ e ® ~ ®~. ® o ®,~ ® Id ® ® \ ®,` 1 ~®` ®~ ® 1~ ® ®k~ i :~ '" 1® 1 I yCH.S ~ t ~ ~'O ~~~ ®" ~~' ~ ~ ~ ®~O ® 9rE ~; ~`I ® pO ~A ____ __ ~____ ____~ _ i ® ® - ~ .. ~ ~ ...e ~ ~ ` y ~f.0 ® ® E©e®e® y e®1®~®!® ~® ~® `~~~ dip ~`. ~ , ®~+ 5 y 5 O \ ~ ® ° /C \ ~ .C ~ { a ..~ ~ e- e e~o ® © ~ ®~~ ~L ~ ~ E E ie p fOE®~ _ / ~ v Sg . rrr c ~ , _ . ' ' ® ~ _ __ _«~,. , , s j o W ~ ~ % ~ ,~ ~ '°® ~ ~ h ~ k ~, ~~® ~ Y k ~ YYY _ j \~ _ _ % 1~I - ~ \l , 11 ~ ' ~ i _~A b ^$ ~. 11lxMN1 M 65.31' 0.664 AC L-0 A PORTION OF THE NE U4 OF SECTION 7, T 3 N., R. I E., B.M., ADA COUNTY, IDAHO. m ~i 4 FAIRVIEW AVENUE S4 W. 25.00 W 66~Q6'~E. 3.22°23'QO°W 161,10 17.14 - 3.59°32'1'~'E . 679.19 163.00' -0°24'15°W. COMMERCWL 477.82' 702 AC -s.e°a'og'~ 2n.5a 5.27°5106"E.5.0°51'54 150.00' 49 00 S.19°52'Of7"E 114.70 S.47°52'06"E R-8 46.316 AC RESIDENTIAL r S ~i m 0 3 f/l N.89°33L20'E. 566.90' 0 3-5.89°33'52"W, 95.00 3 .27 AC ~ ~ g 3,89°33'52"W. 56691 PINE AVENUE 131.00' S.42°57'09'L . 66.00' S.29°47'09"E. 94.00' S.0°52'09"E. 178.61' O ~~ 2 CITY OF MERIDIAN ANNEXATION 57.27 ACRES TOTAL RUBBLE ENGINEERING, INC. 7025 Emerald Suite 200 • Boise, Idaho 83704 Project No: 91-049 7/16/91 DESCRIPTION FOR ANNEXATION TO THE CITY OF MERIDIAN FOR PROPOSED BENHAM PARK SUBDIVISION A PORTION OF THE NE 1/4 OF SECTION 7, T. 3N., R.lE., B.M., ADA COUNTY, IDAHO A parcel of land lying in the NE 1/4 of Section 7, T.3N., R.1E., B.M., Ada County, Idaho and more particularly described as follows: Commencing at a point marking the section corner common to Sections 5, 6 and 8 and the said Section 7; thence North 89°28'06" West 347.91 feet along the Northerly boundary of the said NE 1/4 of Section 7 to a point; thence South 0°26'54" West 29.07 feet to a point on the Southerly right-of-way line of Fairview Avenue, said point being the REAL POINT OF BEGINNING; thence South 22°23'00" West 87.14 feet to a point; thence South 0°26'54" West 326.80 feet to a point; thence South 84°44'00" West 339.00 feet to a point; thence North 87°19'04" West 50.03 feet to a point; thence South 0°51'54" West 49.00 feet (formerly described as South 0°Ol' West 49 feet) to a point; thence South 65°47'54" West 276.30 feet (formerly described as South 64°57' West 276.3 feet) to a point; thence South 27°51'06" East 150.00 feet (formerly described as South 28°42' East 150.0 feet) to a point; thence South 19°52'06" East 114.70 feet (formerly described as South 20°43' East 114.7 feet) to a point; thence South 31°08'06" East 73.70 feet (formerly described as South 31°59' East 73.7 feet) to a point; (208) 322-8992 Fax (208) 378-0329 Proposed Benham Park Sub. Annexation Page 1 i~ Project No: 91-049 7/16/91 thence South 47°52'06" East 131.00 feet (formerly described as South 48°43' East 131.0 feet) to a point; thence South 0°51'54" West 308.43 feet (formerly described as South 0°01' West 303 feet, more or less), to a point on the Southerly boundary of the NE 1/4 of the said NE 1/4 of Section 7; thence North 89°57'09" West 547.99 feet (formerly described as South 89°45' West 556.65 feet, more or less), to a point marking the Northeast corner of the SW 1/4 of the said NE 1/4 of Section 7; thence South 0°30'58" West 1,085.96 feet along the Easterly boundary of the said SW 1/4 of the NE 1/4 of Section 7 to a point; thence South 89°33'52" West 95.00 feet to a point; thence South 0°30'58" West 250.00 feet to a point on the Southerly boundary of the said SW 1/4 of the NE 1/4 of Section 7; thence South 89°33'52" West 566.91 feet along the said Southerly boundary of the SW 1/4 of the NE 1/4 of Section 7, which is also the centerline of East Pine Avenue, to a point; thence North 0°32'59" East 956.99 feet (formerly described as North 962.0 feet) to a point; thence South 89°33'52" West 360.36 feet (formerly described as West 359.0 feet) to a point; thence North 0°34'58" East 1,059.89 feet (formerly described as North 1,023.0 feet) to a point; thence South 89°42'38" East 1,020.34 feet (formerly described as East 1,019.00) feet to a point on the Westerly boundary of the said NE 1/4 of the NE 1/4 of Section 7; thence North 0°30'58" East (formerly described as North 0°34' East) 667.98 feet along the said Westerly boundary of the NE 1/4 of the NE 1/4 of Section 7 to a point marking the Northwest corner of the said NE 1/4 of the NE 1/4 of Section 7; thence South 89°28'06" East 65.31 feet (formerly described as North 89°41' East 53.2 feet) along the said Northerly boundary of the NE 1/4 of Section 7 to a point; thence South 1°24'54" West 25.00 feet (formerly described as South 0°34' West 25.0 feet) to a point; thence South 49°56'06" East 161.10 feet (formerly described as South 50°47' Edst 161.1 feet) to a point; Proposed Benham Park Sub. Annexation Page 2 :. Project No: 91-049 7/16/91 thence South 25°01'06" East 183.00 feet (formerly described as South 25°52' East 183.0 feet) to a point; thence South 8°14'06" East (formerly described as South 9°05' East) 217.54 feet to a point; thence North 0°24'15" West 477.82 feet (formerly described as 470.16 feet) to a point on the said Southerly right-of-way line at Fairview Avenue; thence South 89°32'15° East 679.19 feet along the said Southerly right-of-way line of Fairview Avenue to the point of beginning, comprising 56.71 acres (2,470,489.80 square feet), more or less. SUBJECT TO: All easements and road rights-of way of record on the above described parcel of land. Prepared by RUBBLE ENGINEERING, INC, Gary L. Rodenspiel, L.S. NOTE: Survey was compiled data and not from Engineering, Inc. EDH/DAT/GLR/bb 1080.des from data of record and calculated an actual field survey by Hubble Proposed Benham Park Sub. Annexation Page 3 PS Form 3877, Oct. 1988 FOR REGISTERED. INSURED. 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