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HomeMy WebLinkAboutGlennfield Manor #5 FPi • MERIDIAN CITY COUNCIL APRIL 16, 1991 PAGE #2 ! Kingsford: Giesler does the emmissions t sting so that is why he has a conflict. Pete Michaelson: We will be glad to work with any citizen who had ideas on this matter. Kingsford: I don't feel it would be inappropriate for Mr. Giesler's questions at all because we are not voting on this it is an informational thing at this point. Giesler: My big concern is the bar 90 equipment at this time. I think it is very premature we would be required to put this equipment in as long as we are just measuring the carbon moxide only. If we are going to measure all four gases then i am for it but not if we are just doing the one. Turner: I hope to have more answers after the EPA meeting this month. I can't say for sure whether or not they will require the Bar 90. Giesler: The thing is don't make it mandatory if we do, that is an operator's option as to whether he purchases the equipment now or not. I'm all for air quality. Turner: I do hope to have more information for the public. Tolsma: What has been done to get other counties involved with this air quality. Turner: The only avenue we have for approaching that is through State Legislature. We continue to push the issue, because that is the major complaint we here. Tolsma: Have you ever thought of everybody that buys a parking permit down there as having to have the air testing done or anything like that? Turner: That has been considered. There has been some work to try to put in place a voluntary program where the major employers will be asking their personell to test. All details not worked out yet. Kingsford: What kind of a population does it take to require that, is Canyon County approaching that. Turner: It's not so much population as it is air quality. ITEM #4: FINAL PLAT ON GLENNFIELD #5: Don Hubble: I am the project engineer for Glennfield #5 & #6. The preliminary plat for Glennfield Manor was approved in the late 70's. What we are doing now is completing two phases of this. This is out off of Linder Road just north of o-erry Lane. Kingsford: Would you address the Settlers Canal issue? Hubble: The developer of Glennfield Manor #6 has offered to pipe that portion of the ditch that would run through their property. Eng. Smith: If the developers pipe the ditch on #6 then as I understand it Settlers will require a short length of access road on Crystal Springs Subdivision which is to the west of Glennfield No. 6. MERIDIAN CITY COUNCIL APRIL 16, 1991 PAGE #3 Tolsma: I have questions for the City Engineer on your .recommendations? Has everything been complied with Eng. Smith: Yes, on Glennfield #6 I received final plat on that one and everything was taken care of. I haven't received final plats back on #5 at this time. The Motion was made by Tolsma and seconded by Yerrington to approve the Final Plat on Glennfield #5 subject to City Engineer's approval. Motion Carried: All Yea: ITEM #5: FINAL PLAT ON GLENNFIELD #6: The Motion was made by Myers and seconded by Tolsma to approve the Final Plat on Glennfield #6. Motion Carried: All Yea. ITEM #6: COVENANTS GLENNFIELD #5 & #6: The Motion was made by Myers and seconded by Yerrington to approve the covenants for Glennfield #5 & #6. Atty, Crookston: I have a couple of things here, I think the best way to handle it is to present them to Mr. Hubble and they can be worked out they are not anything serious. Both the Motion and the second were withdrawn. Eng. Smith: I was talking to Don Smitchger of the Settlers Canal Company and he asked that the developer consider in their covenants a statement that precluded the planting of trees along that portion of the Settlers ditch that is being piped. The Motion was made by Myers and seconded by Yerrington to approve the Covenants for Glennfield #5 & #6 with the City Attorney's approval. Motion Carried: All Yea: ITEM #7: REQUEST BY SANITARY SERVICE: TABLED AT LAST MEETING: & NEW TYPE TRASH COLLECTORS: The Motion was made by Giesler and seconded by Tolsma to deny this request to move a semi trailer to this location. 2 - Yea; 2 - Nay: - Hearing a tied vote, I will vote Yea: Motion Denied: Kingsford: Moe is getting new equipment and he is proposing to offer an option of these larger garbage cans at an additional fee. Alidjani: After some time we are in the process of getting 3 new trucks & three new beds. These are new equipment that we are purchasing. We would like to propose to the City of Meridian an option for the citizens of Meridian to have this automated system GLENNFIELD # $5 FINAL PLAT C O M M E N T S 1: Ada County Highway District: Nothing Received 2; Nampa Meridian Irrigation: No Comments Received: 3: Central District Health: Can approve with central water & Sewer: 4: City Engineer: See attached: 5: Sewer Department: Included in Engineers Comments; 6: Police Department: No Problems: a HUB OFTREASURE VALLEY A Good Place to Live OFFICIALS MERIDIAN JAOK NIEMAN N, City Clerk JANICE GA$$, Troaeuror BRUCE D. STUART. Water Worke Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD. Waeta Waler Supt. KENNY BOW ERS, Fire C~lei BILL GOROON, Police Caiel GARY SMITH, Clty Engineer CITY OF 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone 8884433 GRANT P. KINGSFORD Mayor gpril 4, 1991 Mr. Don Hubble PE/LS Hubble Engineering, Inc. 7025 Emerald Street Boise, Idaho 83704 RE: Glennfield Manor No. S Subd. Final Plat - Development Drawings COUNCILMEN RONALD R.TOLSMA J. E. BERT MYERS ROBERT GIESLER MA%YERRINGTON Cnalrman ZoMnp 6 Plannmp JIM JOHNSON Dear Don: 1 have reviewed the subject plans in accordance with City of Meridian standards and have the following comments: A. FINAL PLAT 1. Show the C.P. and F. numbers for the referenced land corners /center, 1/4's>. 2. Check the tie distance from center of Section 2 to the east 1/4 corner. Glennfield Manor M4 shows a different distance. 3. Check the side lot line dimensions of lots 19,20,21, 22,23 - Block 10 where the witness corners are involved. 4. Is the location of L 8 R Sales in Boise or Caldwell? (lower right hand corner) S. In the Certificate of Owners - check the tie distance shown in the 3rd line and check the distance shown in the 22nd line. 6. At a miniwum, the Owners should sign the plat when it is submitted for City approval. H. DEVELOPMENT PLANS 1. Sheet 3- a. Sewer Notes - 1. Bedding eaterial when laying pipe in ground water should be 3/4" - (Note 13) 2. Sewer service line depth at the property line shall be 5 foot ^axinue. (Note 17) b. Water Notes - i. Water Bain test pressure shall be not less than 150 p. s. i.. (Note 9A) z. Note 12 is confusing. 2. Sheet 4• a. The street na®e of Hillsborough Way should be changed to Glennfield Way in plan and profile. b. Is the location of seepage trench #6 correctly designated? 3. Sheet 5• Revise the "Standard Blowoff" and "Double Water Meter" detail as shown. 4. Sheet 7• a. Glennfield Wav 1. The water and sewer lines shown as existing have not been constructed. These lengths were to be built under Phase 2 of Glennfield Manor #4. 2. The sewer and water lines need to be repositioned sieilar to the red-line. 3. Additional valuing needs to be installed at the Kubik Place intersection. 4. As I understand your detail the teeporary turn- around for Glennfield Way will be paved and at a future tiee the asphalt will be cut at or near lip of gutter thereby utilizing that part of the asphalt for the roadway extension. The sewer and water need to be extended past the end of the teeporary turn-around for future extension. A fire hydrant eay 6e necessary near the end of the culdesac, depending on how the lot lines lay out. 6. Kubik Place• 1. Locate the sewer line at street center line and the water 12 feet east of the sewer. 2. Move the fire hydrant located at the southwest corner of lot 25 to the southeast corner of lot 16. 3. keoove one sewer service line fro^ Manhole B-3A. c. Covenants - No exceptions taken. The review set of plans is being returned with letter for your use in revising the plans. review set with your resubeittal. If you please call. Si cerely, ary Seith, P.E. City Engineer this Nlease return this have any questions c. c. File B. Stuart E. Ward City Clerk • NTRAL DISTRICT HEALTH DEPARTME~ ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET Rezone # Conditional Use Sd~s~ ~,~ Return to: Boise Eagle y Meridian Kuna AC7 1. _ We have no objections to this proposal. 2. _ We recomrend denial of this proposal. 3. _ Specific knowledge as to the exit type of use mist be provided before we can comment on this proposal. 4. _ We will require more data concerning soil conditions on this proposal before re can camrent. 5. _ We will require more data concerning the depth of (high seasonal ground rater)(solid lava) fran original grade before we can cament concerning individual sewage disposal. 6. _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava Tayers. 7. _/ Wye/can approve this proposal for: ~! Centr sewage Interim seeue~ge Individual sewage _ Crnmuuty sewage system / / and _ ntral water _Individual rater _ Comrunity rater well. 8. Plans for Central se,.~age C~ma~nity sewage systen Sewage dry lines, and V Central water _Camwiity water must be submitted to and approved by the Regional Health and Welfare Environmental Services Field Office. 9. Street runoff is not to create a mosquito breeding problen. 10. _ This department could recrnmend deferral until high seasonal ground water ran be determined if other considerations indicate approval. 11. _ If restroan facilities are to be installed then a sewage systen hUSI be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted fora plan review for any (food establishment)(beverage establistment)(swimning pools or spas)(grocery store). 13. ~, Reviewed by Date SI~IVISION EVALUATION SET Proposed Development Name GLENNFIELD MANOR N0. 5 City MERIDIAN Date Reviewed 3/28/91 Preliminary Stage Final RRRXxRR Engineer/Developer Hubble Enar./L & R Sales Date Sent The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE. n `'LEt~',t. =i,?~'/;'/+; /,,'s ~ K ~ ~ Date 'Zi 7s c~ 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 anvear on the plat as "N. GLENNFIFLD WAY" The followingnew street name is aonroved and shall aovear on the olat as "N. KUBIC PLACE" 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 NAME COMMITTEE, AGENCY RE ENTATIVES OE DESIGNEES Ada County Engineer John Priester ' w, 4.LGL ~~-- Date ~ Z1l/ Ada Planning Assoc. Terri Raynor / I' Date /~/ r r Local Fire Dept. Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the ^final plat^, otherrise the plat will not be signed !!1! Sub Index Street ~I/Index Map NUMBERING OF LOTS AND BLOCKS nl~. ~ ~ ~~ i/ ~~Z,`~/~// ~~.~~i ~~ ~Q ~~Tt K R . ~~ n w K ~t m N 4 n K W ~~ E ... ~~ ~~ N H t Y, K g ~ A ~rjS w D ~ ~ ~ ~ ~ ~ rya ya K r W N ~ R ~ tp ~ K ~ p~o o~ y p~ ~ s K~ K ~5 ~ n ~ ~• -p'• '~~p m ~ ~ 9 ~ (~~ ~ 7 ~ ~'4 R 6 ~ ~ ~ ^ $ b P ~ ~Y+O ~ R "yZHZH V ~,, ~ 1'r .. N ~ ~ -.. ~~ K .~ ~, ., r ~ v ~n ~~ ~_ ,~ _ __ ~_~ _- - H A ro .. - - H d n N C a - - - - -- a ii $~ i ~ i~ ~ i ~ ii ~ ~ ~ ~ K .^ g ~ W m n R p 00 w p Q Fm+ 9 ~ R ~ ~ M ~ f{ ~ 1-' S ~ 7 ~ R ~ '~' ~ r' ~ 4 6~ ~ C] O C z H r e. a ?~ ro x H r r r r . K] _ ... 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Ft ~ ~ ~ ~ ~, r ~ _ s~ K ~ ~ A ~^ j r ~ ro t'~ M H N w m H z ~ °' ~~ r k r 0 H r 4 '~ d yM Z Q r ~w ~~ ~~ K~ Y•~9I I IM I I I I~ I I I~ I I ~ A R R N. N. K F.. o ~ is ~ r ~ ~ N r n ~ tM,• O r~~~~ a v$ n n g ~ m ~ ~ ~ n .•. n p rr n r 4 v 'O Y F~+ ~ r ~ R .. ~ ~~~ ~~ ~ ~ a ~ n GG R ~ ro ~4 E ~ v K £ R ~ K v ~ ~~ ~K iii~i ro~~~ On ID ~ ~~~~ Rg~~ R iiiiiiii r d rr f+ 9~ 4 W m ~ ~ n ~' m ~ n ~ ' ~ u n ~ o ~ n .,. ~ ~ 0 z C1 H r trJ z d 0 z ro H r r rn N m y~ ~ K m ((~~ m O ~~p g C] n y x ~'S M ~~ by p r~ ~ ~ ~ K °n z r m ~p~ n ~ H Nn ~ .. ^~'" ~ ~oTt ~ W R H H z r ro H O N W H z c~ r e~ r ~c r 0 H ~s M r r [T1 W x N r N yH Z H r 7~ ~ o: ~° W R N o~ REQpEST !OR 6UBDIV1610p APPROVAL • PRELIMINARY PLAT J1ND/OR~11L PIJ1T ~ 23~ PLANNING AND CONING COMMISSION TIME TABLE FOR 6UBMISSIONs ' A request for preliminary plat approval Host be in the City Clerkc possession no later than three days following the regular oeeting of the Planning and Zoning Commission. ' The Planning and Zoning Commission will hear the sequett at the sionthly meeting following the month the sequest vas Bade. After a proposal enters the process it say be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Camnission action. GENERAL INFORMATION: 1. Name of Annexation and Subdivision,' .~-!~ JTit~/~ Yh4~. ~O(C._ -Ja • 5 2. General location,~ ~~~i ~j~~i/ 7 T • 5~%Tio:J' 'r2n~.. iz.iL.J R.m. 3. Owners of record, ~ J r ~, SGr L~~ Address ~jp 1 5 E , JS~lc,l~... GALd1~0.~. Zip~0(~Telephone ~{'jq- $r7 (o CJ 4. Applicant, ~,Q•yy ~~ Address, 5. Engineer, ~} AI~Li~o S YlAlnoon,tt Address ~'DZS ~.W1~~17 e m ~(. Fi T 8n ! s ~ I ~ [~ v y ~1 ~Q `'~ Telephone ~'L Z ~ ~ ~1 q 2, ziP c ~ji~ 6. Name and address to receive City ame ~~ 6 (~ S/~'1~~ ings : N bil l Address Sa i s ~. Uh"'~(,~i~ CA' _' L .~ ~ ' ~" s-OM~ip~_Telephone t~~ r'I ' ~r/' (o S PRELIMINARY PLAT CIIECKLIST: Subdivision Features 1. Acres lp .'ji(~ t 2. Number of lots~~ 3. Lots per acre 3.x-1 4. Density per acre 5. Zoning classification(s) 6. If the proposed subdivision is outside the Meridian City limits but within the jurisdictional mile, what is the existing zoning classification tJ R 7. Does the plat border a potential green belt t~ 8. Have recreational easements been provided for t..J'O 9. Are there proposed recreational amenities to the City tJ (~ Explain 10. Are there proposed dedications of coa®on areas?~JO _ Explain For future parks?~_Explain (1) . e t -- • PRELIMINARY PLJ1T CFd;CKLISTi Subdivision features continued 11. Mhat school(s) service the area_~~q,(p«}N , do you propose any agreementc for future school sites ~ p , Explain -~ 12. Other proposed amenities S,o the City Nater Supply Fire Department ~// , Other J~,IdI Fi(L~ ,Explain 13. Type of Building (Residential, Coaenercial, Industrial oz combination), ___~.1=~ I n E~..Jr[ Ali lt. Type of Dwelling(s) Single family, Duplexes, Multiplexes, other IL 15. Proposed deve opment features: a. Minimum square footage of lot(s), ~-~•(-~p b. Minimum square footage of structure(s), Q ' c. Are garages provided for, `(~~ square footage d. Are other coverings provided for e. Landscaping has been provided for~_, Describe ~~p,.1i Y4K-{~ Snp f. Trees will be provided foz~_, Trees will be maintained g. Sprinkler systems are provided for n b'ro~.Ja~~ h. Are there multiple units~_ gype , remarks i. Are there special set back requirements~_, Explain ZQ~ ~j~prfr' S ~ ~-a+a 2.L~ ~ 5 l O~ ~oR- Lp(z..~S std __~'_.* . j. Nas off street parking been provided for )..1 O Explain k. Value range of property ~ S , O'~ c~ .- ~ t-'-p O ~~ 1. Type of financing for development~}-pc ~ Go'J~~~Tio~.IA9~ m. Protective covenants were submitted ~~js pate 3 , (~j• q 16. Does the proposal land lock other property N O , Does it create Enclaves (~0 STATEMENTS OF 0O1+~LLRNCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalka will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehens3.ve Plan. (2) ill i a ~0; a s a•.•. • C. _ ra~7i3• 1 1 _ R i • • a a 9 a • •\a ~'' • I \ V•r G T I ll ~ R ~ ` . • 1 ~ ` ~7P ~ y . • • S I • Cf~ i i a I l=. " .. o -~~--~.~G- _-:: 1 I 1 1 . I II n, rl~ i, • ' ' ~. ~ • '. . a r~ i. • R r ~ q II • ` = Y Y ~~ 1f Y • ~ ~/ r i • ~ //J(~\\\~~ re ! ~~ O\ N O • O 2 M 1 p (~ s ~ ; 3r L ~ _ ^ R~ y z :. A Y ~ 0 2. ~ Z: _ ,_, ~ r iW g ' (~ . ~ ~ t` • ~v ---- -.. r • ~. /r^ G , • s 1 r ~~ ~ r / ~ .P '9 e • " `\ ~" 3 y+ " 0 • L f~ ~ `' ~ _ S ~. • 9 - ~~ y ._ ~ " p r M Y • M •• ~\ ~~ • . r e e a ~ ~ ~ K ~ a ~ _ s ~ _ _ _ ' A 7 0 • ~ "~ f _ • ~ • C _ A i r • • ~ ti - s sa E A wr. r C~~RMS i " • " _fy B 5 • ~ ~ ~ • i ,~a w • = a , A • • 2 e 2 8 I O i _ ~ • • ~ ® • ~ + ; A j • • u' ~ s w • _ -- ~. . - - -tr y- - - - t-i04 G APPEAL OF COUNCIL AC?ION Appeals of the action of the Council concerning the administration of this ordinance may be taken by any aggrieved person, within sixty (60) days of the Council action (and after •11 remedies have been exhausted under thic Ordinance), an aggrieved person may seek JUDICIAL REVIEW of the Council's action under provision provided by Sections 67-5215(b) through (q) and 67-5216, Idaho Code. 9-604 N FINAL PLAT 1. Application - After the approvsl or conditional approval of the • preliminary plat, the subdivider may cause the total parcel, or any part thereof, to be surveyed and a final plat prepared in accordance with the approved preliminary plat. The subdivider chall submit to the Administrator the following: ~~ Twenty-seven (27) folded copies of the final plat; b. Five (S) eopiec of the final engineering construction drawings for streets, water, severs., sidewalks and other public improvements; and e. Ten (10) prints of the final plat at a scale of one (1) inch equals three hundred (300) feet. 2. Contents of Final Plat - The final plat shall include and be in compliance with all items required render Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least: a. A written application for approval of such final plat as stipulated by the Couuoission; b. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat; c. Such other information as the Adainistrator or Commission may deem necessary to establish whether or not all proper parties have signed and/or approved said final plat; d. A statement of eonfonoance with the approved preliminary plat and meeting all requirements or conditions thereof; e. A statement of conformance with all requirements and provisions of this Ordinance; and f. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards. (11) Ir ~. Fee - At the time of submisaion of an application for a final plat, the applicant shall pay the applicable fee which has been approved by the Covncil to cover the cost of processing. 4. Administrator Review - a. Acceptance - Upon receipt of the final plat, and compliance with all other requirements as provided for herein, the Administrator shall Certify the application as complete and chall affix the date of acceptance thereon. b. Reaubmittal of Final Ylat The Adainistrator shall review the final plat for compliance with the approved or condi- tionally approved preliminary plat. If the Administrator determines thnt there is substantial difference in the final plat than that which vas. approved as a preliminary plat or conditions which have not been net, the Adminis- trator may require that the final plat be submitted to the Commission in the same manner as required in the preliminary plat process, including a public hearing and notice thereof. c. Submission to the Council - Upon the .determination that the final plat is in compliance with the preliminary plat and all conditional requirements have been met, the Adminis- trator shall place the final plat on the Council agenda within forty-five (45) days from the date that an acceptable final plat application was received and aclmowledged Dy the Administrator. 5. Agency Review - The Administrator may transmit one (1) copy of the final plat, or other documents submitted, for review and recommendation to the departments and agencies as he deems necessary to insure compliance with the preliminary approval end/or conditions of preliminary approval. Such agency review shall also include Lhe construction standards of improvements, compliance with health standards, the cost estimate for all improvements and the legal review of the performance bond. 6. Council Action - Within forty-five (45) days following receipt of the application, the Council shall consider the requirements of the preliminary plat and comments frao concerned persons and agencies to arrive at a decision on the final plat. The Council shall approve, approve conditionally, disapprove, or table the final plat. If the final plat is tabled, it may be reconsidered by the Council within forty-five (45)' days of the date of initial consideration. A copy of the approved plat shall be filed with the Administrator. 7. The Administrator shall notify the applicant of the Council's action within tan (10) days of such action. (12) ~''~ ~ • REAL ESTATE AGREEMENT AND OPTION THIS AGREEMENT, Made and entered into this 27th day of June, 1989 by and between GLENN NYBORG, and MILDRED NYBORG, husband and wife, parties of the first part, hereinafter referred to as L & R SALES, a general partnership, consisting of Lasher "Vendors," and bA6~FSd2-EF)AF6'Fi.~FJCyPI6N~~AM~'f;-~Fe:--and-i2E~B1 SY~,~I Construction Co., Inc. and Rod's Trust 'EV a-~ae~a~-gar-t-ee~~s~r~p;-~k~hzar-I,--&-R--&R~6-, parties of the' econd ,./,~~2. part, hereinafter referred to as "Purchasers." ~~~~'~ WITNESSETH: WHEREAS, The Vendors are the owners of certain real property located in the City of Meridian, County of Ada, State of Idaho, more particularly described hereinafter; and WHEREAS, The Purchasers desire to .purchase a portion of the real property and option the remaining real property for the purpose of subdividing the same; and WHEREAS, The Vendors desire to sell a portion of the real property to the Purchasers and grant an option to purchase the remaining real property to the Purchasers upon the terms and conditions hereinafter enumerated. IT IS HEREBY SPECIFICALLY COVENANTED and agreed by and between the parties hereto as follows: 1. Property Sold: Vendors hereby agree to sell and Purchasers hereby agree to purchase all of that certain real property situated in Ada County, State of Idaho, more particularly described as follows: See attached "Exhibit A." REAL ESTATE AGREEMENT - 1 4 i • • 2. Purchase Price: That the total purchase shall be in the sum of SIXTY-TWO THOUSAND FIVE HUNDRED THIRTY-NINE DOLLARS AND 20/100 ($62,539.20), and shall be payable in cash at closing. 3. Transaction Documentation: In addition to this Agreement, the parties shall execute and record where appropriate a Warranty Deed to the above-described real property. 4. Effective Date: The effective date of this Agreement shall be the 1st day of July, 1989. 5. Possession: Purchasers shall be entitled to enter into possession of said premises on the effective date, or upon closing, whichever shall first occur. 6. Real Property Taxes and Irrigation Assessment: All real property taxes and irrigation assessments levied against the premises shall be prorated as of the effective date, with the Vendors to pay all taxes due and owing prior to said date, and with the Purchasers to pay all taxes due and owing subsequent to said date. 7. Contingency: This Agreement is contingent upon the parties obtaining from the appropriate governmental authority, the final approval of a tentative subdivision plat to be filed with Ada County as near the time of closing as is practicable. The final approval obtained must permit development of the property by the Purchasers in the manner and on the terms as proposed by the tentative subdivision plat of Glennfield Manor Number 3, prepared by Skinner and Associates, Inc., Gerald L. Earl, Registered Land Surveyor, dated May 24, 1989. The parties agree to execute any REAL EBTATE AGREEMENT - 2 • _- and all plats or other documents that may be required to obtain any necessary rezoning or subdivision approval, and to otherwise cooperate in every way possible in obtaining approval for the subdivision from the appropriate governmental authority. $• Title T"°""anc The Vendors shall, within a reasonable period of time, furnish to the Purchasers a standard form policy of title insurance insuring the fee simple and marketable title in the Purchasers in the sum of $62,539.20. 9. C osin A ent and F es: The parties agree that the "closing agent" for this transaction shall be Pioneer Title Company of Ada County. The parties agree to share the closing agent's fees equally. 10. Service Notices: All notices required or permitted hereunder shall be in writing. All such notices and all other items herein required to be served shall be served by mailing the same with postage prepaid thereon by United States Registered Mail, Return Receipt Requested. A notice or any other item herein required to be served which is mailed and addressed to the address set forth under the signature hereto of the party for whom it is intended shall be deemed served notwithstanding the fact that the party has moved. A party may, by written notice to the other parties, change the address for notices to be sent to such party. il. Enforcement Expenses: The losing party in any court action brought to enforce any of the provisions of or to collect any sums due on or to rescind or to foreclose this Agreement shall pay to the prevailing party in such action in all trial and REAL ESTATE AGREEMENT - 3 • - appellate courts a reasonable attorney's fee to be fixed by such court, in addition to the costs allowed by law. 12. Leoal Fees for Preparation of Agreement Etc The Vendors acknowledge that legal ethics do not permit an attorney to represent both parties to a transaction for the reason, among other things, that the parties thereto have potentially conflicting interests and each party should have independent legal advice. Vendors further acknowledge that they have sought and, when entering into this Agreement, are relying upon the counsel and advice of their personal attorney and/or accountant, and not upon the counsel and advice of the Purchasers' attorney or accountant and acknowledge further that the law firm of Alexanderson, Davis, Rainey, Whitney and Kerrick is the law firm representing the Purchasers. The Vendors agree, however, to reimburse the Purchasers for one-half (1/2) of the cost of Purchasers' attorney's fees incurred in the preparation of this Agreement and the related documents in this transaction. 13. Option: As additional consideration for this Agreement, the Vendors hereby give and grant to the Purchasers the exclusive option to purchase neighboring real property of the Vendor, situated in the City of Meridian, County of Ada, State of Idaho, more particularly described as follows: See attached "Exhibit B" The said real property is hereinafter referred to as "Option Parcel i" and "Option Parcel II" as designated on "Exhibit B". a. Purchase Price: The purchase price for Option Parcel I REAI; ESTATE AGREEMENT - 4 __ . shall be EIGHT THOUSAND SIX HUNDRED DOLLARS AND NO/100 ($8,600.00) per acre and Option Parcel II shall be TEN THOUSAND SEVEN HUNDRED AND NO/100 ($10,700.00) per acre. b. Period of Option: This option shall remain open~o~ period of five years provided that on or before July 1st, 199 t''e77,,~~,,~~ Purchasers shall designate and purchase not less then ten acre~"~•~• and shall designate and purchase not less than ten acres each year thereafter. The 'Purchasers shall purchase at least ten acres of Option Parcel I before exercising an option to purchase Option Parcel II. c. Terms: Each option purchase shall be paid cash in full upon closing. d. Manner of Desianatina Purchases: Purchasers shall serve upon the Vendors notice of real property to be purchased under this option by certified mail. The notice shall specify a legal description and acreage and the property described therein shall be considered designated as of the date postmarked. The exact purchase price of an option purchase shall be determined by survey of the real property referred to herein. Such survey shall be conducted by a licensed surveyor or civil engineer of the State of Idaho, to be selected by the Purchasers. Upon closing a purchase, the cost of the survey shall be divided equally between the Vendors and the Purchasers. e. Title Insurance: The Vendors shall, within a reasonable period of time, furnish to the Purchasers a standard form policy of title insurance insuring the fee simple and marketable title in REAL ESTATE AGREEMENT - 5 the Purchasers in an amount equal to the total price of the option purchase. f. M~sce>>aneous: The parties agree that with respect to each option purchase, terms identical to those contained in paragraphs 6, 7, 9, 10, 11 and 12 of this agreement shall apply and that the effective date for each purchase shall be the date of closing for such purchase. Purchasers further agree that provisions must be made to deliver irrigation water to all undeveloped land until such time that the entire tract has been paid for in full. 14. Memorandum: The parties shall execute and record concurrently with the execution of this agreement, a Memorandum of Option referencing the above option terms applicable to the real property described in Exhibit B. 15. Time of Essence: Time and prompt performance of each provision of this Agreement is of the essence. 16. Modification: This Agreement may not be amended, modified or changed except by a writing signed by all the parties hereto. 17. Final Agreement: This Agreement supersedes all agreements between the parties made prior to the date of the execution of this Agreement. All prior contracts and agreements, whether written or oral, heretofore made by the parties hereto or their agents are merged into and superseded by this Agreement which constitutes the sole and the entire contract between the parties. 18. Binding Effect: This Agreement shall inure to and be REAL ESTATE AGREEMENT - 6 STATE OF IDAHO ~ • • . ss. County of~~ ~ before me, the under- 1989, ersonally appeared Un this 27thday of Junes-' known to me to public in and for said State, p signed, a Notary NygORG, husband and wife, reement, oing Real Estate Ag GLENN NYBORG and MILDRED executed the same. be the persons who executed the foreg and acknowledged to me that they hand and affixed IN WITNESS WHEREOF, I have hereunto set my my official seal the day and year in this certificate first above written. ~,/,,~w~~~, J~ Residing at: Eoise i Commission Expires: 11/12 92 STATE OF IDAHO ~ ss. Ada County of eanye~+ ~ the undersigned, On this 27th day of June, 1989, before me, ersonally appeared GARY D. of 1,p,SHER a Notary Public in and for said State, P document and LIaSHER, known to me to be the President and Se oing ~ CONSTRUCTION CO., INC., who executed the foreg acknowledged to me that he executed the same on behalf of said corporation. hand and affixed IN WITNESS WHEREOF, I have hereunto set my my official seal the day and year in this certificate first above written. ~~ •~ /'~, j~~ NVl.ua] ~^-- Residing at: Gal-d~ae'1'} o se Commission Expires: 11/12/92 STATE OF IDAHO ~ ss. da ~ County of ~xi'f°xi-- the undersigned, On this 27th day of June, 1989, before me, Public in and for said State, personally appeared LEONARD a Notary known to me to be the Trustee of ROD'S TRUST, who R. TRUMBULL, oin document and acknowledged to me that he executed the foreg g executed the same on behalf of said trust. hand and affixed IN WITNESS WHEREOF, I have hereunto set my my official seal the day and year in this certificate above written. ~) A Residing at:-~~ °' Commission Expires: 11/12/92 REAL ESTATE AGREEMENT - 8 • • DGMENT - partnership ACKNOWLE Ada , ss. daho t OF ,County of ~ in the Y~ °f Mary ublic, STATE \ ~Z~h1aY of June ~ s Trust ~ ' pnthis Co. Inc. and Rod e Construction ershiP of LasheY in a partn personally apP?uT~ wo of the P~~ a to the fOreBOin6 known or identified to be ~~ bed said P~~ hip name. artners who subscri the a e in s and the partner or one of the p :ne that he instniment, and acknowledged to Notary Public: Boise Idaho gRaidinB at: 1res: 11/12/92 Commission BxP • EXHI~ I~ A tract of land situated in apart of the SE 1/4 Section 2, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and mor• particularly described as follows; thence S~0°n15'n 38" WhQ distance of s1334S731feel; C 1/4 corner > , thence S. 89° 23' 10" E., a distanc• of 633.88 feet to the POINT OF BEBINNINB; thence N 0° 00' 00" E., a distanc• of 76.78 feeti thence N. 380 46' S4" W•, a distanc• of 261.32 feet; thence N. 51° 13' 06" E., a distanc• of 356.12 feeti thence N 82° 26' O1 E., a distance o4 196.27 feet; thence S., 89° 23' 10" E., a distance of 250.00 feet to westerly boundary of Olennfleld Manor No. 2i a point on the thence along said westerly boundary as followsi S. 2° 08' 39" E., a distance of 150.00 feet; S. 29° 49' 18" W., a distance of 50.00 feet; 48.86 feet along the arc of a 392.00 feet radiu the long chord of waidchsbi~acres o4 500.00'feet;E•' S. 2° OS' 39' E., a distance of 214.46 feet; thence leaving said westerly boundary N. 89° 23' 10" of 569.98 feet to the POINT OF BEBINNINO. curve right, 48.83 feet; W., a distanc• This parcel contains 7.272 acres mace or less. E%BIBIT B Option Parcel I: All that portion of the North Half of the Southeast Quarter of Section 2, Township 3 North, Range 1 West of Boise Meridian, in Ada County, Idaho, lying Westerly of the Westerly Lines of Glennfield Manor, according to the Plat thereof, filed in Book 45 of Plats, at Pages 3676 and 3677, Records of Ada County, Idaho; and Glennfield Manor No. 2, according to the Plat thereof filed in Book 53 of Plats at Pages 4753 and 4754, Records of Ada County, Idaho; Option Parcel II: All that portion of the South Half of the Southeast Quarter of Section 2, Township 3 North, Range 1 West of Boise Meridian, in Ada County, Idaho, lying Southerly of Glennfield Manor No. 2, according to the Plat thereof filed in Book 53 of Plats at Pages 4753 and 4754, Records of Ada County,_Idaho, and Easterly of a straight line drawn from a point 124 feet West of the Northeast corner of the Southwest Quarter of the Southeast Quarter of Section 2 to a point 68 feet West of the Southeast corner of said Southwest Quarter of the Southeast Quarter. ~X ESP That portion lying Southerly of a line described as follows: Beginning at the Southwest corner of Lot 8 in Block 8 of Glennfield Manor No. 2, according to the Plat thereof filed in Book 53 of Plats, at pages 4753 and 4754, records of Ada County, Idaho; thence South 2°08'39" East 220 feet to the True Point of Beginning of said line; thence South 89°33'47" East 1427.68 feet to the Westerly line of Linder Road and the terminus of said line. binding upon the parties hereto, their respective heirs, executors, administrators and assigns. IN MITNESS WHEREOF, The parties hereto have hereunto set their hands and seals the day and year first above written. ~~_ LE)NN NYBORG J~2 ~,~ ~,~ ~ ~~~ Y MILDRED NYBORG I+I~M~I~Z~);~~ L & R SALES: LAS R CONSTRUCT ON CO. INC. By ' ROD'S TRU NAR RUMBULL, Trustee Post Office Box 967 Caldwell. Idaho 83606-0967 PURCHASERS REAL ESTATE AGREEMENT - 7 HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS JACK NIEMANN, City Clerk CITY OF MERIDIAN JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO WAYNE G. CROOKSTON, J R., Attorney EARL WARD, waa+e water s~D+. MERIDIAN, IDAHO 83642 KENNY BOWERS, Flre Chief BILL GGRDGN, Police Chief Phon¢ (208) 888-4433 GARY SMITH, City Engineer FAX (208) 887-4813 GRANT P. KINGSFORD Mayor May 1, 1992 Key Bank of Idaho Catmercial & International Services 702 West Idaho Boise, Idaho 83702 Attn: Nbnette L & R Sales has completed the installation of street lights in Glennfield Manor #5 & 8 for which the City of Meridian had Irrevocable Letter of Credit # 4 & # 21-1035-KBI, therefore at this titrle we are releasing these Letters of Credit. Attached you will find Letter of Credit #21-1035- KBI, we are unable to locate the other letter. Sincerely, Jack Niemann City Clerk City of Meridian, ID. 83642 COUNCILMEN RONALD R. TULSMA ROBERT GIESLER MAX VERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON pc: File STANDnY i OF CREDIT City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 KEY BANK OF IDAHO Dated: Mav 21 1991 Irrevocable Letter of Credit Number Expiration Date: MaY 21, 1992 (at our counters) Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the account of L & R Sales, ~n~,~~oh pneral up to the aggregate amount of$ **1, 000.00** available by your drafts drawn at sight on us at the address below and bearing the following clause'+drawn under Key Bank of Idaho Irrevocable Standby Letter of Credit number Four dated 5/21/91 "The amount of each draft must be endorsed thereon and be accompanied by the following documents: A certified, signed statement that the developer has defaulted and failed to perform the installation of street lights as required in the development of Glennfield Manor Subdivision #5, more particularly described in the legal description attached. We hereby engage with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment at this office on or before the expiration date of this credit. Very Truly Yours, PROVISIONS APPLICABLE TO THE CREDIT: Key Bank of daho by: ~.Pi(~~ zsca~- Reed- o1T erton title VP/Regional RE N _ P.O. Box 2800 Boise, Idaho 83701 eddrsss Except as otherwise expressly stated herein, this credit is subject to the °Uniform Customs and Practices for Documentary Credits (1983 revision, the Intemational Chamber of Commerce Publication No. 400" or by subsequent Uniform Customs and Practice fixed by subsequent Congress of the International Chamber o} Commerce.