HomeMy WebLinkAboutChapin Subdivision CUPa ~
MERIDIAN CITY COUNCIL OCTOBER 2, 1990
Regular Meeting of the Meridian City Council called to order at 7:30 p.m.
by President of the Council Ron Tolsma:
Members Present: Bert Myers, Bob Giesler, Max Yerrington;
Mayor Kingsford was absent:
Others Present: Gary Smith, Walt Casey, Rod Medley, Gary Lee, Dennis
Marshall, Sgt. Bi11 Musser, Jim Johnson, Kay Beumeler, Members of Scout
Troop #30:
The Motion was made by Giesler and seconded by Yerrington to approve the
Minutes of the previous Meeting held September 18, 1990 as written:
Motion Carried: All Yea:
President of the Council Ron Tolsma welcomed Scout Troop #30 who were in
attendance.
Item #1: Findings of Fact & Conclusions of Law on request for Conditional
Use Permit by .Moore & Wurst:
Tolsma: Council Members, are there any questions or comments, what is your
decision?
Giesler: i was wondering if there should be a limit as to the. number of
cars that should be allowed on that lot. If they get to many units in
there for sale there might not be adequate parking for the body shop.
This is just a concern that I thought maybe we should look into.
There was additional discussion on this, it was the concensus that they
would need to meet the City Ordinance as far as parking requirements,
which is two spaces for each bay for the body shop and one third of the
sales lot must be left open for customer parking.
The Motion was made by Myers and seconded by Yerrington that the City
Council of the City of Meridian hereby adopts and approves the Findings
of Fact and Conclusions as prepared by the City Attorney:
Motion Carried: Roll Call Vote: Yerrington, Yea: Giesler, Yea: Myers, Yea:
The Motion was made by Giesler and seconded by Myers that the Meridian
City Council hereby approves the Conditional Use Permit requested by the
Applicant for the property described in the application, subject to the
conditions stated in the Findings of Fact & Conclusions.
Motion Carried: All Yea:
Item #2: Public Hearing: Preliminary Plat on Golf View Estates #2, Final
Plat on Phase #1 and Variance request on street lights:
Tolsma: At this time I will open the Public Hearing, is there anyone in
the audience who wishes to testify on this request?
Gary Lee, JUB Engineers, 1990 Turnberry Way, Lee was sworn by the Attorney:
, ,
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
MOORE & WURST
CONDITIONAL USE PERMIT
225 EAST FAIRVIEW AVENUE
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled matter (laving come on for public
hearing September 18, 1990 at the hour of 7:30 o'clock p.m.,
the Petitioner appearing in person, the City Council of the City
of Meridian having duly considered the evidence and the matter,
makes the following Findings of Fact and Conclusions of law:
FINDINGS OF FACT
1. That a notice of public hearing on the Conditional Use
AMSROSE,
FITZOERALD
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Permit was published for two (2) consecutive weeks prior to the
said public hearing scheduled for September 18, 1990, the first
publication of which was fifteen (15) days prior to said
hearing; that the matter was duly considered at the November 14,
1989, hearing; that the public was given full opportunity to
express comments and submit evidence; and that copies of all
notices were available to newspaper, radio and television
stations;
2. That this property is located within the City of
Meridian and is owned by the Applicants and is described in the
application, which description is
incorporated herein as if set
forth in full; the property is generally described as at the
southeast corner of East 2 1/2 Street and Fairview Avenue; that
the property fronts on Fairview Avenue; the proposed use of the
property is to operate an automobile sales lot for new and used
cars.
3. That the property has been used for commercial
businesses for some period of time in the past, and
particularly as an automobile sales lot. The parcel is zoned
C-G General Retail and Service Commercial according to the
present zoning maps. The surroundiny property is zoned either
Community Commercial or General Retail and Service Commercial.
4. The C-G General Retail and Service Commercial
District requires a conditional use permit for the operation of
the use the application requests which is to operate a new and
used car sales lot.
5. That the C-G District is described in the Zoning
AMBROBQ
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Ordinance, 11-2-408 8. 9 as follows:
(C-G) GENERAL RETAIL AND SERVICE COMMERCIAL:
The purpose o e - ~s rict is to
provide for commercial uses which are
customarily operated entirely or almost
entirely within a building; to provide for a
review of the impact of proposed commercial
uses which are auto and service oriented and
are located in close proximity to major
highway or arterial streets; to fulfill the
need of travel-related services as well as
retail sales for the transient and permanent
motoring public. All such districts shall
be connected to the Municipal Water and
Sewer systems of the City of Meridian, and
shall not constitute strip commercial
development and encourage clustering of
commercial development.
AMSROSE,
FIRGERALD
d CROOKSTON
Attomlyl MM
C0U11NI0I1
P.O. ~1rl'7
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83512
TaMp~w~a BBNMI
6, That the use proposed by the Applicant is an
enumerated allowed conditional use in the C-G District.
7, That the property to the west is a self-service
gasoline station and a self-service car wash and is zoned
Community Commercial; the property to the east is a bulk
gasoline and oil distributor business and is zoned R-8 but the
property has grandfather rights for the existing operation; the
property to the south is a single family residence but is zoned
R-8 rather than R-4; the property to the north is Fairview
Avenue and the property north of Fairview Avenue is partially
vacant ground, a seat cover business, an automobile transmission
business, a tire shop, and other service and general retail
operations largely automotive related and the property is zoned
either Community Commercial or General Retail and Service
Commercial,
8. That the present use of the property is for an auto
body and recreational repair shop pursuant to a conditional use
permit; that the immediate past use was for an automobile sales
lot.
9. That proper notice has been given as required by law
and all procedures before the City Council have been given and
followed.
10. That the Applicant has submitted the names of the
people owning property within 300 feet of the property but their
approval of the use of the property is not required because the
property is not a residential district.
11. That no person submitted testimony at the hearing.
CONCLUSIONS
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
property.
2. That the City of Meridian has authority to grant
conditional uses pursuant to 67-6512, Idaho Code, and, pursuant
to 11-2-418 of the Revised and Complied Ordinances of the City
of Meridian, Idaho;
3. That the City of Meridian has authority to place
conditions on a conditional use permit and the use of the
property pursuant to 67-6512, Idaho Code, and pursuant to 11-2-
418(D) of the Revised and Compiled Ordinances of the City of
Meridian, Idaho;
4. That 11-2-418(C) of the Revised and Compiled
Ordinances of the City of Meridian sets forth the standards
under which the City Council shall review applications for
Conditional Use Permits; that upon a review of those
requirements and a review of the facts presented and the
conditions of the area, the Planning and Zoning Commission
preliminarily concludes as follows:
a. The use, would in fact, constitute a conditional
use and a conditional use permit is required by
ordinance.
AMBROSE.
FIROERA~D
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b. The use should be harmonious with and in
accordance with the Comprehensive Plan but the Zoning
Ordinance requires a conditional use permit to allow
AMBROSE,
FITZGERALD
ICROOKSTON
Atlornq~ri0
Counwbn
v.o. eo. ~
MMMI~n, 1EYq
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the use.
c. The use is being designed and constructed, to be
harmonious in appearance with the intended character
of the general vicinity, such being designated as set
forth in the definition of C-G as contained in Section
11-2-408 B 9.
d. That from a zoning standpoint, the use should not
be hazardous nor should it be disturbing to existing
or future neighboring uses.
e. The sewer and water service availability is in
doubt and something will have to be done to provide
sewer and water.
f. The use would not create excessive additional
requirements at public cost for public facilities and
services and the use would not be detrimental to the
economic welfare of the community.
g, The use should not involve a use, activity,
process, material, equipment or conditions of
operation that would be detrimental to person,
property or the general welfare by reason of excessive
production of traffic or noise, if operated in
accordance with the requirements contained herein.
h. Sufficient parking for the property and the
proposed use must be provided.
i. The development and uses will not result in the
destruction, loss or damage of a natural or scenic
feature of major importance.
5. That comments may be submitted by the Ada County
Highway District, the Idaho Transportation Department, the
Central District Health Department, the Nampa & Meridian
Irrigation District, and the City Engineer; that those comments
are incorporated herein and shall be a requirement for issuance
of the conditional use permit at this time.
6. That all applicable fire, life safety, building codes,
and other codes and regulations shall be met.
7. That if the Applicant fails to meet the requirements
and conditions herein stated the conditional use permit may be
revoked after an opportunity to be heard.
APPROVAL OF FINDINGS OF FACT ANU CONCLUSIONS
The City Council of the City of Meridian hereby adopts and
approves these Findings of Fact and Conclusions.
ROLL CALL:
Councilman Yerrington
Councilman Giesler
Councilman Myers
Councilman Tolsma
Mayor Kingsford (Tie Breaker)
DECISION
Voted "L~~P
Vote ///e+r
Vote/~
V o t e ~`~~~
Voted
The Meridian City Council hereby approves the Conditional
Use Permit requested by the Applicant for the property described
in the application, subject to the conditions stated herein.
MOTION:
APPROVED: vv4 DISAPPROVED:
AMBROSE,
FITZGERALD
B CROOKSTON
ANOm~ye tlM
Coumalon
R.O. BOZ X1'7
MarMIM, MNo
&7612
TM~plwns 8661Mt
FINDINGS OF FACT AND CONCLUSIONS OF LAW
PAGE - 6
iFRTn7AN CITY COUNCIL SEPTEMBER 18, 1
Regular Meeting of the Meridian City Council called to order by Mayor
Grant Kingsford at 7:30 p.m.:
Members Present: Ron Tolsma; Bert Myers; Bob Giesler; Max Yerrington:
Others Present: Ralph Christensen, K. Beumeler, Wayne Crookston, Terry
Moore, Bill Gordon, Moe Alidjani:
The Motion was made by Tolsma and seconded by Myers to approve the
minutes of the previous Meeting held September 4, 1990 as written:
Motion Carried: All Yea:
Item #1: Findings of Fact on Annexation request by Treasure Valley
Baptist Church.
Mayor Kingsford: This item has been verbably asked to be withdrawn,
although we have not received written confirmation that, I would make
the recommendation that we table this until the next meeting:
The Motion was made by Myers and seconded by Tolsma to table the request
for Annexation by Treasure Valley Baptist Church until the next meeting:
Motion Carried: All Yea:
Mayor Kingsford: Out of order, Mr. Christensen, Meridian Lions Club:
Christensen: I had advised earlier that we would keep the City updated on
the Rodeo we are having on October 29 and 30th. We opened the registration
for the Bull riding last night and received 35 entries. The rest of the
entries are open until tonight at 8:00 p.m.: I do need to meet with the
Police Chief and get the security lined out, the evening of the 28th at
5:00 o'clock we would like your presence over at the one barn, we are
going to serve chicken and whatever goes with it, Mr. Reiman will be there
with his saratoga and his stagecoach to give rides to everybody and we
have a band. The following afternoon at around two o'clock all of you
should be prepared to ride in on the saratoga and again on the 30th.
The conflict we have right now is I need to have a Meridian Flag, as we
planned on flying the Meridian Flag and I understand you do not have one,
I would like to have a Centennial Flag,and I would like to have the State
Flag. On the evening of the 29th the Chamber of Commerce is having a
barbeque.Everything has seemed to come together and the Lion's Club is
very satisfied. K.D. Hartwell is the Grand Marshall.
Item #2: Public Hearing: Request for Conditional Use Permit by Moore &
Wurst for Car Lot at 225 East Fairview:
Mayor Kingsford: At this time I will open the Public Hearing, is there
anyone in the audience who wishes to testify .on this request? There was
no response, the Public Hearing was closed. Any questions of the Council,
Mr. Moore is present.
MERIDIAN CITY COIINCIL i •
SEPTEMBER IB, 1990
PAGE # 2
Giesler: The only thing I would like to bring up is, is that I would
like to make sure that we do not end up with a lot of trash or more
of a storage yard or something like that, broke down vehicles or things
like that that would accumulate, we have had problems with that throughout
the area.
Moore: That is not our intent.
The Motion was made by Tolsma and
Attorney prepare Findings of Fact
seconded by Myers to have the City
on this request.
Motion Carried: All Yea:
Department Reports:
Police Chief: The letter from the Prosecutor's Office regarding the
agreement with St. Alphonus Hospital, I had some questions about that
and contacted the City Attorney to provide me with comments also, did
you come up with anything other than what we discussed Counselor?
City Attorney: I did have a chance to talk to Greg Bower, I would just
as soon talk to you about it and see what you think.
Being no further business to come before the Council the Motion was
made by Myers and seconded by Giesler to adjourn at 7:43 p.m.:
Motion Carried: All Yea: (TAPE ON FILE OF THESE PROCEEDINGS)
APPROVED:
GRANT KINGSFORD, MAYOR
~~
File (2)
Mail (2)
r a ~ rienwei 5
Atty, Eng, Police, Fire
Ward, Stuart, Gass, Hallett
Bldg, Dept. Valley News
Statesman, ACHD, NIMD, CDH
SIRD,
ADA COUI~Y HIGHWAI*DISTRICT
S18 EAST 87TH STREET
BOISE, IDAFIO 85714
Inter-Department
Correspondence
Ada County Highway District Commission
To:
Date: September 10, 1990
From: Development Services
Subject: IBIl3D2l1N -s CU 225 FAIRVIEW AUTO SALES LOT
(Terry Moore & Chauncey Wurst, 225 Fairview, Meridian ID 83642 - 888-4068)
FACTS & FINDINGS:
1. Terry A. Moore and Chauncey G. Wurst request a conditional use permit
to operate an auto sales lot on property zoned as commercial, located
at 225 Fairview Avenue in Meridian.
2. Fairview Avenue 80-feet of right-of-way (which is adequate), and is
fully improved, except there is no concrete sidewalk along the parcel
frontaye.
3. E. 2-1/2 Street has 50-feet of right-of-way (which is adequate), and is
improved with concrete curb, gutter, asphalt sidewalk for all of the
frontage except the southerly 20-feet.
4. This project is considered a minor change in use of the property; there-
fore, staff recommends that the standard street improvement require-
ments be waived.
Requirements are provided to Meridian Planning & Zoning as conditions for
compliance.
STANDARD REQUIREMENT:
1. A right-of-way permit must be obtained from ACHD for all street and
utility construction within the public right-of-way. Combine utility
cuts where practical to limit the number of pavement cute. Contact
Quality Control at 345-7667 (with zoning file number) for details.
STAFF SUBMITTING: DATE OF COMMISSION APPROVAL:
John R. Stolley,.P.E.
MERIDIAN/ZTR. 9-13-90
~ s
CONDITIONAL USE PERMIT
MOORE & WURST
AUTOMOBILE SALES LOT
225 EAST FAIRVIEW AVE.
C O M M E N T S
1: Central District Health: No Objections:
2: Nampa Meridian Irrigation: Drainage must be retained on site.
3: City Engineer: No Objections:
4: Police Chse~f: No Objections:
5: Sewer Dept. No Comments:
6: Bldg. Department: No Comment:
L;ENTRAL DISTRICT HEALTH DEPART`1F.~
ENVIRONMENTAL HEALTH DIVISION
1455 North Orchard
noise, Idaho 83706
REVIEW SHEET
Return to:
Ifoise
_ Rezone # F~gle
_~ Conditional U.se # / Meridian
_ Preliminary/F'inal/Short Plae Ktua
/f/~/~d-~ St/•s LoT T. /"l~/..t r C G/~i er _ AC7
1. / W'e have no objections to this proposal.
2. We reccxmiend denial of this proposal.
3. _ Si~ecific knowledge as to the e~ct type of. use must be provided before we can cament on
this proposal.
4. We will require more data concerning soil. conditions on this proposal. before we c<an ccxrment.
5. _ We will require more data concerning the depth of (high seasonal ground water)(s~ciiid lava)
from original grade before we can cament concerning individual sewage disposal.
6. _ We can approve this proposal for individual sewage disposal t.o be 1c~ated (2,4) feet ahove
solid lava layers.
7. _ We can approve this proposal. for:
_Central sewage Interim sewage Individual sewage _ Commutity sewage svsten
and Central wafer Tndiv:idual water _ Ctxctnunity water well.
8. _ Plans for _Centr~l sewage Crnrrnutity sevkige systen Sewage dry lines, and
_Central water Comrnu~ity water must be subuti.tted to and approved by the Regi<xcal
Health and Welfare Environmental Services Field Office.
y. Street. runoff is not to create a mosquito breeding problem.
10. _ Tfiis department would rec.annend deferral until high sea~nal ground water can be determined
if other considerations indicate approval..
11. _ If restrocm facilities ru-e to be installed then a sewage systenl"H1,ST be installed to meet:
Idaho State Sewage Regulations.
12. _ We will require plans be submitted fora plan review for any (food establishment )(beverage
establ.~isknent)(swinming pools or spas)(grocery store).
13.
Reviewed by l~C.e
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NOTICE OF 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 September 18, 1990,
for the purpose of reviewing and considering the Application of
Terry A. Moore and Chauncy C. Wurst, joint applicants, for a
conditional use permit located on a portion of Lot 2, Chapin
Subdivision, Meridian, Ada County, Idaho, also known by the
address 225 East Fairview Avenue, Meridian, Idaho. The
Applicants proposed use is for an automobile sales lot.
A more particular legal description is on file in the
office of the City Clerk of the City of Meridian and is
available upon request.
Public is welcome and invited to submit comments.
DATED this~~~ day of (~ y a V s ~ 1990.
JACK MIEMANN, ,ZITY CLERK
AMBROSE,
FITZG ERALD
d CROONSTON
AIIOmeye aM
Couneeloro
P.O. Box t7/
MxlElen, IOMo
&TM2
TebP1~oM BB6NB1
NOTICE OF PUBLIC NEARING
PAGE - 1
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ID cOr y y
Prior to ~rtting a Conditional Use Permit, the Cou~may request studies from the
planning staff or public agencies concerning the social, economic, fiscal or envvonmental
effects of the proposed conditional use. A Conditional Use Permit shall not be considered
as establishing a binding precedent to grant other Conditional Use Permits. A Condi-
tional Use Permit is not transferable from one (1) pazcel of land to another.
2-418 I APPEAL OF COUNCIL ACTION
(For required procedures, see Section 2-416, Zoning Amendment Procedures, of this
Ordinance.) (Ord. 430, 42-84)
2-418 J TRANSFERS
1. Old Town -Conditional Use Permits for land in Old Town may be transferred from
old owners to new owners or from old occupants to new occupants or from Gke to
like uses by petitioning the Zoning Administrator for approval. The Zoning
Administrator may approve or deny the transfer or refer it to the City Council for
decision but no public heazing shall be held. Appeals may be taken from the Zoning
Administrator to the Council.
2. Non-Old Town -Conditional Use Permits for land in any other district other than
Old Town may be transferred from old owners to new owners or old occupants to
new occupants for the same use for which the original conditional use was granted
by petitioning the City Council. The City Council shall hold a public hearing on the
petition after notice of said hearing having been mailed by certified mail to all property
owners within the subject land and to all property owners within three hundred (300)
feet of the external boundaries of the subject land.
2-419 VARIANCES
2-419 A The Council may authorize in specific cases a variance from the terms of this Ordinance
or from the Subdivision and Development Ordinances as will not be contrary to the
public interest where, owing to special conditions, a literal enforcement of the provisions
of this Ordinance would result in unnecessary hardship. No non-conforming use of
neighboring lands, structures or buildings in the same district and no permitted or non-
conforming use of lands, structures or buildings in other districts shall be considered
grounds for issuance of a variance. Variances shall be granted only where strict
application of the provisions of this Ordinance would result in unnecessary hazdship.
A variance application does not go to the Commission unless directed by the Council.
(ora. ago, l0-20-8~>
2-419 B APPLICATION AND STANDARDS FOR VARIANCES
A vaziance from the terms of this Ordinance shall not be granted by the Council unless
and until a written apphcation for a variance is submitted to the Administrator and
the Council containing, where applicable. (Application available from Administrator J:
1. Address of subject property;
2. Name, address and phone number of applicant;
3. Name, address and phone number of owners of subject property;
4. Proof of ownership or valid option on the property or a contract interest therein with
consent of the titled owner;
5. Legal description of subject property;
6. Present use of subject properly;
_gl_
r
NAME:
ADDRESS:
r~
CITY OF MERIDIAN APPLICATION FOR A CONDITIONAL USE PERMIT
~ ~~
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GENERAL LOCATION:
DESCRIPTION OF PROPOSED CONDITIONAL USE:
,` / . i
Il
ZONING CLASSI CATION:
PLAN: A plan of the proposed site for the Condit?oval use showing the location of
all buildings, parking and loading areas, traffic access and traffic ciccu-
lation, open spaces, landscaping, refuse and service areas, utilities,
signs and yards.
LEGAL NOTICE OF PUBLIC HEARING
Pursuant to established procedure, NOTICE IS HEREBY GIVEN that the Meridian
Planning and Zoning Commission will hold a Public Hearing in the Meridian City
Hall on at
~T~~purpose of the~H~earing i/s to co/nsi`der a CONDITIONAL USE PERMIT submitted by
~'l. ~~~/ i'/; O 6 A P ~, l 1 !~ d° '~ ~'`t C~,~ Cf P ~t~ Y 9 ' Y
for the ro rt enera~l described
as loEsted at ~~ ,~ ~ ~~ / ~~~ / ~ (,U ~UpC ~~~Au
SUBDIVISION_ [~, ~J ~~/ ,(J ,SG~BLOCK LOT NUMBER '~
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PETITION REQUIREMENTS:
1. Petitioner must supply a comprehensive list of ALL residences within 300 feet
from the proposed Conditional Use property line to include Name, Address,
Telephone and Date.
2. Supply 20 copies of all required materials.
3. Three-fourths (758) of those persons owning property within 300 feet must
agree to this Conditional Use before the proposed use will be considered.
WE THE UNDERSIGNED DO NOT OBJECT TO
LOCATED AT
USING THE PROPERTY
MERIDIAN, FOR THE PURPOSE OF
NAME ADDRESS PHONE DATE
~b~ ,un ~~aa ~i
per ~ ;~llf w -
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REAL ESTATE PURCHA • D SALE Af>iREEMENT AMID RECEIPT Fpp EARI~ST MONEY
(TNa roan ~a road ONLY DY members of as NetlonN Asaoc4lbn or REALTORS) ,,••
This coaroct stipulates Me terms a seta of the properly. Reed earNUlly baton slgnMg (MeludMg MtormNian an ravens side). This is n Ispaly Dindirp crXMea. ~ VOU WIVE
ANY QUESTIONS, CONSULT VOl1R ATTORr)EY BEFORE SKaMNG.
ors na er ee a uyer' sprees to purchase, and the underelgned Seller egress to salt the lollowinp described real asters haroinaner refertad to as "promises" 6
commonlykrmwnae22S Fairview Av E.
cnra~l~ridian Ogpaypf ,Ada ,w.halegay0eagrWad.r. Legal attached' e
r
e
(A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED, ATTACIED OR WRITTEN ON TIE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer a
hereby auMonzee broker to insert over hie signature the cortea opal tlescnption of the promisee N rmevailabb at Me time a signing, or to Correa Me legal description to
prevbusly entered if ertonsoua or McompletaJ
EARNEST MONEY. r t
rz
(e) Buyer hereby deposits ae earnest money andarecelpt is hereby acknowledgetl ofFi yP ThnltSAnd tnd nn f 100--------- dalare to
(S ~.Q.O..-O.~.na) evklenced by:O Caelx~Paraonal Check O Cashiers Check p Nae Due pow r4
(b) Esmeat Money to bedepoaitetl in trust account upon acceptance by all parties and shall be held by O L/iet~ing Broker ^ Selling Broker ^ Other ~ oa
for the benefit of the Dartlea hereto, and ~Q e D s t @ r f,..me r i C a n R >! I y ~ (Broke,) to
shall hold the completely executed broker's copy of this agreement antl ie reaponeibie for Me closing. n
(c) nail condniona have been met by Buyer, Buyerand Seller agreeMataeeameat money(bsacredn report fees, antl any aher BUyer etoata)ahall be refunded to BuyerM to
the event the financing contempletetl herein by Buyer Is not obtainable. to
(d) Tha parties agree that 80 f; a Title Company shall provide said tole policy end preliminary report of commitment and the "cloMrp 20
agent" for this trenaeaion shell be S fl a r0 n w 1 l S 0 n . H e lore-term eauow/eolleaion la involveQ then the escrow holder shat/ be zr
Erise>c,Yi>t~l~ex~~r~lx M/A
1. TOTAL PURCHASE PRICE IS Eighty Thousand and .na/100-----------DOLUns (t8~•000.OD------) 2e
IsaYaDN as lolbwe: . 2,
e. S 30.000.00-------------~-------~:eah tlown, MaudM above EameatM
g oney (Closing costa ere atlditionap. zb
D. s 50a.Q00_00----------------------galanceof thepurchaeeprice(M.I.P.naincluded). za
2. FINANCRiG. This agreement is contingent upon Buyer quelityin0 for. zY
OFHA ^ VA O Conventional ^ IHA. Purchase loan balance ea nolerLabove for a period a ~A- years at ~A- % per annum. (n FMA or VA ban is sough, 2e
roatl the eppllcaDle provisions on the reverse aide hawse.) Buyer shall pay no more then ~A-points plus originatbn fee it any. Seller to pay only Me dfecamt 2s
points neceaeary in order to obtain above deacribetl financing but not to exceetl ~.~b. ao
^ Buyer to ASSUME and O will ^ will not be required to quality for en EXISTING LOAN(S) of approximately S N ~ A at no more 1henN~% with monthly sr
paymema of approximately S N~ ~ P ~ 1 p T O I p. This agreement p is O fa not comingem upon Lender releasing Seller's liebilny. 3z
Type of loan ei-'w ~4 a~_. Buyer shell apply for each loan or assumption within three (S) banking days soar Seller's acceptance of this agreemem. ss
OTHER FINANCING, TERMS 8 CONDITIONS: as
s6
c.tt ~.. a.- -..-..a J- ..--e Ll ..-e,a..w w! nwwwl wi nwwn~w•u_ tiwwe a.u wL a9
9r
" ^~"DIM FOR BALANCE"OF CONTIN6ENICES• ae
3. TF115 AGREEMENT ^ b O k not CONTINGENT upon sale end closing of ~:., E on a Detore se
N / A -- listed with - ~o
(H a comingency is noted please reed applicable Conditions in Paragraph # 15 on reveres aide. NOTE: Any waiver by the Buyer under Chia section will be a waiver of ALL ~r
tontingenaee. including financing.) ~z
4. REMS SPECIFICALLY MCLUDED IN THIS SALE (if FHA/ VA financing is sought sae Item # 14 on reverse aide): 4a
• 4e to ~~l t1~A-^~~QIIS-k_. rha4r~ca ~ She~yae-~ ~°
5. fTEMS SPECIFICALLY EXCLUDED IN THS SALE: ~
e. COSTS PAID 8Y: Coats in addition to those listed below may Da inverted by Buyer end Seller. Unless aherwfee agreed herein,or provided by law or required by lentler, 4e
Buyer shall purchase Seller's reserve account it loan assumption. zi
-__ _.. _ _.__._..._______t.,_e_,:_.-__..__.e., .wwuo...a.......u,,.....:n n„ __. .See Rem #17 on reveres side. b
U rea unv. rurunaac, a u.e„~w .....o,ov~ ,,.- • =^•-r •~.•__.__..~_... _.._ ~. _._._._ ~_ _ _,
If requested by lentler or otherwise stated herein, the below soars will be paid ea indicated.
Costs Lean Well Pumpllnspea
Pall By Appraisal Aswmpt. Inspect. Sptic ClrylCOUnry Canhact andla Closing Lotp Term LerMer or
Code Inspect. Document Agent's Escrow Code
nrequlrM Prep. Fee fees Repairs
eurEa
NIA
sEUEa
9aNEEpIALLY
Cost a lentler or cotle repairs not to exceed
Discount Pointe to
agreed on Ilrre 29 end 90. SELLER UNDERSTANDS
comply with Me MusirW code R4E7FERORNOT'A,
SALE IS COMPLETED UNDER TMSAGREEMENT. -
7. POSSESSION. Buyer shall be entitled to possession on O closing ^ other . "Closing' means the tlete on which all documents ere
enherrewMatl oraccepted by en eacrav agent antl Me sale proceeds are avefleb std Se ~'cTexes and wateraasesaments(using the last available assessment aea
Deals), rents, insurance premiums, interest and reserves do liana, encumDrancea ar oagetiona assumed end ailXiea shalt be pro-ratetl ae of
.Buyer span pay for fuel in tank, amount to be delerminetl by the supplier at Setter's exprmee.
8. CLOSI . On r before the closing date, Buyer and Seller shall deposit with the closing agent all funds antl instruments neceaeary to complete the sate: The
cloaMg date shall be no later then
9. ACCEPTANCE, Buyer's otter B mega subiect to the acceptance of SelitX on or before 12:00 o'clock Itdgnight e! ~ w • t e t o Dp E SeINr ~
acceptance 01 Buyer on or before 12:00 o'aock mitlnight of ~_'~.~--~.¢~~ - .TIME IS OF THE ESSENCE OF THIS AGREEMENT:
t0. MAPORTANT -AGENCY DISCLOSURE. At the time of signing aria agreement Me gpMl-working with tYn!buyer reprssentetl ~ a t 1 s t
ant The agent workng wiM the seller representetl _~s~-~ .Each party eignin0 this document confirms that prior wdnen disclosure
--al6gescyweeprovided to him/her inthi~traneaaion.Eeq p-artylo-M`ia transaction has readand underetenda Macontents of theagencydi~clo~ure brochure prsviousy
rocaivetl.
ea
62
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Uetin nc Selling Agency:-~..o-.-~-~r-~~~~ as
gA~ Y: Phone: q-r~ qq~ B _ • Thors,6 Phone:~Z34a
BY: ytY~CyY'0 Y:--J~C--fF~--~..~wr~
Bu ~ Buyer's Atldreea: n
Buyer: Buyei s l'trone: Reaitlence Business r2
On this tlate. I e her y approve antl accept the sale set forth in the above agreement and agree to carry out all the terms hereof on the pan of the Seller ant the ra
untleraignetl lurther agrees to pay a total brokerage lee of to the above nemetl Broker(s) la rtrevicea. 7x
Brokerage lee will be paitl in cash unless otherwise epree0 in wnli .. r6
I/ Wa W acknowletlge cei SPY or m a9reemeM nsd both parties. ,1 ,y rO
Se Det /O 3O'S'E'l~ l'f U 7 x/17 J A! j. /ryE.4~12/vrjyv
,gyp ~ Salbr's Adtlresa: - ~
SeN r e[L~re: Seller's Phone: Reaitlencea.Q 8 x-30 ~'S'~ Busineas~~ D-i/~6:3 re
A true copy of the foregoin agreemanL signed by tae Seller a con dining the roll a complete legal description o/ the Oremisea, is hereby received on Mis ss
tlaY Of .19 ~. M
' Buyer: er
O SIDE OF THIS PAGE SHALL ALSO CONSTITl1TE PMT OF THE AGREEMENT OF TIE PARTIES. EACH OF TFE pARTE8 a2
ACKNOWLE S R ING TIaS AGREEMEM ee FULL. ~ ` ~ry/~~~~~l~ ~
OCJ,~ W e ~ V (1R~ r RF 21 REV. 1t/M M
B„y.ry ~ Sener's initial _ _
OFFICIALS
JACK NIEMANN, City Clerk
JANICE GA$$, Treuurer
BRUCE D. STUART, Weter Works Supl.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD, Waste Weter Supt.
KENNY BOWERS. Fire Chiel
BLLL GDRDDN, Police Chist
GARY SMITH, CIfY Engineer
January 2, 1992
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (7A8)888-4433
FAX (208) 887-08] 3
GRANT P. KINGSFORD
Mayor
State of Idaho
Department of Transportation
Vehicle Services
This letter is to verify that the property located at 225 East
Fairview, Chapins Addition Annexation, is zoned properly under
the Ordinance's of the City of I~xidian for use as a
Putomobile Sales Lot.
Sincerely,
HUB OF TREASURE VALLEY •
A Good Place to Live
CITY OF MERIDIAN
2
COUNCILMEN
RONALD R. TOLSMA
J. E. BERT MYERS
ROBERT OIEBLER
MA%YERRINGTON
Cnalrmen Zoning 8 Plannlnp
JIM JONNSON
• HUB OF TREASURE VALLEY •
OFFICIplS
JACK NIEMANN, City Clerk
JANICE GASS, Traaeurer
BRUCE D. STUART, Water Works Supt.
WAYNE G. CROOKSTON, JR., Attorney
EARL WARD. Waste Water Supl.
KENNY SOWERS, Flro C~lei
BILL GDRDDN, Police C~lei
GARY SMRH, Gfy Enpinser
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone 888433
GRANT P. KINGSFORD
Mayor
COUNCILMEN
RONALD R.TOLSMA
J. E. BERT MYERS
ROBERT GIESLER
MAX YERRINGTON
GMlrmsn Zonlrp 8 Mnnirp
JIM JOHNSON
December 21, 1990
State of Idaho
Department of Transportation
Vehicle Services
This letter is to verify that the property located at 225 E. Fairview
Chapins Addition Annexation, was granted a Conditional Use Permit
for a Automobile Sales Lot in compliance with the City of Meridian
Ordinance's on October 15, 1990.
Sincerely,
PS Form 3877, Sept. 1986 - FOR REGISTERED, INSURED, C.O.D., CERTIFIF,~ AND EXPRESS MAIL
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