Loading...
HomeMy WebLinkAboutBedford Place Subdivision VAR~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L GASS, Clty Troasurer GARY D. SMITH, P.E. Clty Enplnesr BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Weets Water Supt. DENNIS J. SUMMERS, Perko Supt. SHARI S. STILES, P 3 2 Adm. KENNETH W. BOWERS, FlreChlef W. L "BILL" GORDON, Pollcs Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS RONALD R. TOLSMA A GOOd PIBCC t0 Ltve MAX YERRINGTON CITY OF MERIDLAN ROBERTD.CORRIE WALT W. MORROW P 62 COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 MOE AUDJANI JIM SNEAKER Phone (208) 888433 • FAX (208) 887.4813 CHARLIE ROUNTREE TIM NEPPER Public Works/13uilditlQDopartment (208) 887-2211 GRANT P. ICIIdGSFORD ~1~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 31 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/8195 REQUEST: Variance request for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: 1650 feet East of Meridian Road on the south side° of'1lstick Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM NEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER , - MI'` MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM >3< FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: Brighton Corporation Phone: 378-4000 (Owner or holder of valid option) ADDRESS: GENERAL LOCATION: Portion of Govt. Lot 3, Section 6, T.3N. , R1E. , B.M., Meridian, Ada County, Idaho LEGAL DESCRIPTION OF PROPERTY: Attache d PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: R-8 VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: Request that the City waive the requirement to pipe the South Slough Stub which is located on property west of Bedford Place Subdivision. The drain is not on applicant s property & applicant believes the drain is subject to exception by the ordinance. Ftu:•thernloxe, piping the- -drain would impose undue hardship on the applicant which had not bee regu~.red of surrounding development. I hereby certify that the information contained herein is true and correct. SIGNATURE: J~~~~~.i,~~ C~--L~~~~ Date Received 12301 w. Explorer Dr., Suite 200; Boise, ID 83713 Received by VARIANCE APPLICATION Bedford Place Subdivision 1. The property is located 1650' east of Meridian Road on the south side of Usitck Road. The South Slough Stub is west of Bedford Place Subdivision. 2. Brighton Corporation, 12301 W. Explorer Dr., Suite 200, Boise, ID 83713, is the owner/developer of Bedford Place Subdivision. 3. Same as No. 2. 4. Quit Claim Deed attached to Variance Application. 5. Legal Description attached to Variance Application. 6. The present land use for the subdivision is residential. 7. Bedford Place is intended to be developed with single family residential lots. 8. Nampa-Meridian Irrigation District. 9. Attached to Variance Application. 10. N/A. 11. Attached to Variance Application. 12. N/A 13. This ordinance requires the tiling of irrigation ditches, laterals or canals. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous or which canals, ditches or laterals touch either or both sides of the area ,being subdivided, shall be covered, and enclosed with tiling, or other covering equivalent in ability to detour access to said ditch, lateral or canal. 14. The South Slough Stub Lateral runs on property west of the Bedford Place Subdivision. The dimensions of the water flow in the drain aze approximately 10 feet wide at the surface, 2 - 5feet deep, and traverses approximately 1,316 feet. 15. The South Slough Stub runs on property west of the Bedford Place Subdivision and is an off- shoot of the South Slough. During non-irrigation months the South Slough Stub continues to flow due to groundwater in the area and is a drain for surrounding properties. Piping of this drain, even with perforated pipe, could potentially raise the water table in the immediate area. 16. Same as No. 15. 17. Other subdivisions such as Waterbury Subdivision No. 4, located approximately 1/2 mile west of Bedford Place Subdivision has been able to fence their northern boundary along the South Slough. Part of the southern boundary of the Fothergill Pointe Subdivision, which is directly south of Bedford Place Subdivision, also abuts to a large open drain. Fothergill Pointe Subdivision has fenced its southern boundary adjacent to this drain. There have been numerous other subdivisions throughout Meridian City which have not been required to pipe existing drains. It is understood that this drain partially exists within the boundary of Fothergill Pointe. 18. The South Slough Stub is an existing drain that was apparently constructed in the early 1900's to reduce the local water table. 19. Same as No. 17. 20. Meridian Comprehensive Plan provides for the health, welfare and safety of the residents of Meridian City. We do not believe that the granting of this variance will detract in any way from the purpose or meaning of the Comprehensive Plan. Applicant previously agreed in the pre plat approval to fence the west boundary of Bedford Place Subdivision which is previously under construction. 21. Fee = $298.84. ($250.00 + $1.32 x 37 for each certified mailing to be sent =total fee) 22. Granting this variance would allow the applicant to develop the property in a similar manner as nearby properties without creating excessive economic costs which would inhibit development. The applicant will not create excess profit by this variance but will make the development more economically feasible. misc\varapp.bed ~. 1~~!~' ~~g ~: ~."' ~~ ~~ ~ ~~~~ ; ... ~~ ~~~~«~`~~ RUBBLE ENGINEERING, INC. ~ ~ ~ ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322.8992 ^ Fax 2081378-0329 9 Qy ti~ SURV~rO Project No. 94035 September 8, 1994 DESCRIPTION OF BEDFORD PLACE SUBDIVISION FOR THE BRIGHTON CORPORATION A PORTION OF GOVERNMENT LOT 3, SECTION 6, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of Government Lot 3 of Section 6, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the section corner common to Section 31, T.4N., R.1E., B.M., Section 36, T.4N., R.1W., B.M., Section 1, T.3N., R.1W., B.M., and the said Section 6; thence South 89°34'26" East 2406.55 feet along the Northerly boundary of the NW1/4 of the said Section 6, which is also the centerline of East Ustick Road, to an iron pin marking the one-quarter corner common to the said Section 31 and 6; thence North 89°34'26"West 694.77 feet along the said Northerly boundary of the NW1/4 of Section 6 to an iron pin; thence South 0°25'34"West 45.00 feet to a 2-inch galvanized pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°25'34" West 180.00 feet; thence North 89°34'26" West 11.94 feet to a point of curve; thence Southwesterly along a curve to the left 10.48 feet, said curve having a central angle of 30°01'57", a radius of 20.00 feet, and a long chord of 10.36 feet bearing South 75°24'36" West ,to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the left 199.09 feet, said curve having a central angle of 16°36'16", a radius of 687.00 feet, and a long chord of 198.40 feet bearing South 7° 11'01" East to a point of ending of curve, also said point being a point of beginning of curve; Bedford Place Subd. Page 1 of 3 Project No. 94035 September 8, 1994 thence Southeasterly along a curve to the left 5.17 feet, said curve having a central angle of 14°48'47", a radius of 20.00 feet and a long chord of 5.16 feet bearing South 82°10'02" East to a point of tangent; thence South 89 ° 34'26" East 29.44 feet; thence South 0°25'34" West 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 17.48 feet, said curve having a central angle of 50°05'17", a radius of 20.00 feet and a long chord of 16.93 feet bearing South 65°22'56" West to a point of ending of curve; thence South 19°39'43" East 205.01 feet to a point of beginning of curve; thence Southeasterly along a curve to the left 3.46 feet, said curve having a central angle of 9°54'43", a radius of 20.00 feet and a long chord of 3.46 feet bearing South 84°37'04" East to a point of tangent; thence South 89°34'26" East 32.91 feet; thence South 0°25'34" West 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 17.48 feet, said curve having a central angle of 50°05'17", a radius of 20.00 feet and a long chord of 16.93 feet bearing South 65°22'56" West to a point of ending of curve; thence South 19°39'43" East 205.01 feet to a point of beginning of curve; thence Southeasterly along a curve to the left 3.46 feet, said curve having a central angle of 9°54'43", a radius of 20.00 feet and a long chord of 3.46 feet bearing South 84 ° 37'04" East to a point of tangent; thence South 89 ° 34'26" East 28.16 feet; thence South 0°25'34" West 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 14.93 feet, said curve having a central angle of 42°46'15", a radius of 20.00 feet and a long chord of 14.59 feet bearing South 69°02'27" West to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the right 95.63 feet, said curve having a Bedford Place Subd. Page 2 of 3 Project No. 94035 September 8, 1994 central angle of 14°02'01", a radius of 390.45 feet and a long chord of 95.40 feet bearing South 6 ° 35'26" East to a point of tangent; thence South 0°25'34" West 97.32 feet to a point of beginning of curve; thence Southeasterly along a curve to the left 10.47 feet, said curve having a central angle of 30°00'00", a radius of 20.00 feet and a long chord of 10.35 feet bearing South 74°34'26" East to a point of ending of curve; thence South 0°25'34" East 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 30.44 feet, said curve having a central angle of 87 ° 12'35", a radius of 20.00 feet and a long chord of 27.59 feet bearing South 46°49'17" West to a point of tangent; thence South 3 ° 12'59" West 62.15 feet to a point on the Southerly boundary of said Government Lot 3 of Section 6; thence South 89°44'06" West 819.82 feet along the said Southerly boundary of Government Lot 3 of Section 6 to a point marking the Southwest corner of the said Government Lot 3 of Section 6; thence North 0° 19'24" East 1315.99 feet along the Westerly boundary of the said Government Lot 3 of Section 6 to a point marking the Northwest corner of the said Government Lot 3 of Section 6; thence South 89°34'26"East 620.08 feet along the said Northerly boundary of the NW1/4 of Section 6; thence South 0°25'34"West 45.00 feet to the point of beginning, comprising 21.60 acres, more or less. Prepared by: NUBBLE ENGI~RING, INC. 4431 ~~-~~ MDW/DTP/GLR/bh/915.des Bedford Place Subd. o -•F of ~~~ ' '~'R,r D. Terry e , P.L.S. Page 3 of 3 October 11, 1995 Ms. Shari Stiles City Planner City of Meridian 33 E. Idaho St. Meridian, ID 83642 RE: Variance Application Bedford Place Subdivision Dear Ms. Stiles: I, Claudio Scalisi, hereby promise to post a legal notice of public hearing for the Variance hearing on the above described property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with the requirements of the City of Meridian. G~ ~~ - Claudio Scalisi ACKNOWLEDGMENT State of Idaho ) ss County of Ada ) / !/t-1995 ersonall a peared Claudio Scalisi, whose name is On this (~ day of ~ ~ P y p subscribed to the within instrumen~~ and who acknowledged to me that he executed the same. Notax~Public for Idaho :. ~~ Residing in Boise ' "° "" --..,_,1VIy bond expires ACA A„ ~, , ~~~ ., ~~~ ~~,, ~';ra±s a; ~° ..r- •;~, INSTRUMENT No. QUITCLAIM DEED ';~"=." ..."~."~'~~` .~ ,•,~ For value received HELEN V. DAVIS, a widow ,,,, --. 95 fiu~ lip i FEE ~~ _ does hereby convey, release, remise and forever quit claim RECOf;::.- ~ :. ~ _ .:',c"S or' unto BRIGHTON CORPORATION, AN IDAHO CORPORATION 12301 W. Explorer Drive, Suite 200 Boise, ID 83713 !3 _Q c~ the following descnbed premises, to-wit: together with their appurtenances. See Attached Exhibit "A" ~ /~ Dated: ~~ ~~ ~/~~ S s~~~ ~~ ~ ~ Q~~~ Helen V. Davis, a widow STATE OF IDAHO, COUNTY OF On this ~ ~ day of 1995, before me a otary public in and for said te, personally appeared HELEN V. DAMS, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that she executed the same. ' . 1N WTIr1ES~V~i~E0~,1 have hereunto'set my hand and affixed my officia!"stat the day a~~esi, in.this certificate first above written. •.., , ,, . ~~~~ ~ , , Comm. exnires:r. ~~./"' STATE OF IDAHO, COUNTY OF ADA I hexeby certify that this instrument was filed for rocord at the request of at minutes past o'clock m., 19 , in my office, and duty recorded in Book of Deeds at page Ex-O~cio Recorder By ~~• Notary Public Idaho Fees S Mail to: '`'+ `~ RUBBLE ENGINEERING, INC. v y 9550 Bethel Court • Boise, Idaho 83709 208/322-8992 • Fax 208/378-0329 ~~ SURV~r~P p e ~ // Project No. 9403500 ~ ~~~ / ~ August 8, 1995 DESCRIPTION OF BEDFORD PLACE. SUBDIVISION AREA EXCLUDED FROM LIVING TRUST A parcel of land lying in a portion of Government Lot 3 of Section 6, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the section corner common to Section 31, T.4N., R.1 E., B.M., Section 36, T.4N., R.1W., B.M., Section 1, T.3N., R.1W., B.M., and the said Section 6; thence South 89°34'26" East 2406.55 feet along the Northerly boundary of the NW1/4 of the said Section 6, which is also the centerline of East Ustick Road, to an iron pin marking the one-quarter corner common to the said Section 31 and 6; thence North 89°34'26" West 694.77 feet along the said Northerly boundary of the NW1/4 of Section 6 to an iron pin; . thence South 0°25'34" West 45.00 feet to a 2-inch galvanized pipe,~also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°25'34" West 180.00 feet; thence North 89°34'26" West 11.94 feet to a point of curve; thence Southwesterly along a curve to the left 10.48 feet, said curve having a central angle of 30°01'57", a radius of 20.00 feet, and a long chord of 10.36 feet bearing South 75°24'36" West to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the left 75.61 feet, said curve having a central angle of 6°18'21", a radius of 687.00 feet, and a long chord of 75.57 feet bearing South 02°02'03" East to a point of ending of curve; thence South 89°39'36" East 713.93 feet to a point on the East line of said Government Lot 3; Bedford Place Subd. Page 1 of 2 ~X ~Bir // thence South 00°20'24" West 998.02 feet along said East line to the Southerly boundary of said Lot 3 thence South 89°44'06" West 1314.54 feet along the said Southerly boundary of Government Lot 3 of Section 6 to a point marking the Southwest comer of the said Government Lot 3 of Section 6; thence North 0°19'24" East 1315.99 feet along the Westerly boundary of the said Government Lot 3 of Section 6 to a point marking the Northwest corner of the said Government Lot 3 of Section 6; thence South 89°34'26" East 620.08 feet along the said Northerly boundary of the NW1/4 of Section 6; thence South 0°25'34" West 45.00 feet to the point of beginning, comprising 34.61 acres, more or less. Prepared by: RUBBLE ENGINEERING, INC. TRW/vw/943.des Todd R. Waite, P.L.S. Bedford Place Subd. Pays 2 of 2 _.._. ~Rw ~~ • .A alI i I~ I~,V. a ~ ; : : ~ : C ~~ I ~~ _ ~ ,~ ~_ ~' J' ~. AO.~ -~ U~ P= ;... ~r. _ !~ ,~ _ ~ _ ~ (~,~ N ~; ( . ~ °ai e VI fs ~ a y ~~ 6• ~ ~-- - - ~. . Pr1~ITM LN. ':-vT.l ~ RT .` .. ,~ ~, , ~A ~ ~ "~ ~ "~ N ~ ~ ~ r s U PLA O \ ~ y ~ - ~ ~ ~ ~ RI` ~ Q ~ N. AN570tt AVE. N N. AN57:,N AVE, w e T 3~ - y ~ O S~ ~ ' ~ ~ I r v - I - s RI e'j (n ° I ~ ° ;n w ~ u ~ ~ IV u S N ,~ ` ^' n ~~ ~ + ~ ~ a Fi ~ Q I as ~ 1 ' ~ - ~ y 1 '~ 3 V i i. ' N ~ N q 1 7C u u .r ~ ~ ~ o.~ n ' ' ~ ,a ti ~ ~ i '" ~ N ~ T I e ~ -~ - u > N ~ N 'e '. ~ > rQi ' a v I - N .9,Q Y~~ '^ e~ ~I _ ~ a ~ ~ r A~~ _ a ~ ` i ~ a y ~ ~~ ~_ _ ~°om ~ boo ~ ~ " ~ ~ ~''otib'' •" _ '~ i N { i q 9J' {,G ~ ~' N ~ I ~ ~ 01 0~ N m J- ~N a T~ I . ~ ~ oO _. _. ~ ~ ~, z l a ~ 1 N I .i _ _ _ 4p ~ 7E n~ s y ~ ! .~ a' W a OI w 0 e 8 j~ y` ~ 7C ° s N ~a ~ ~ ~ a i ~n i 9C N I ~ ~ I 1 ~~~ I a i Pl ? + ~ 1 ^ I a ~ v ~ O ~ o ~^ l~ dl s al j ~y ~~ ~ + ~ i ) ~ ° I _ ~ \ f~~ J/ N CAPEC~O WY. I ~, ~+ .1 A N A W N _ '~ • , ` a I v i w ~ y' N i v i V ~ A ~ ~~ N - ~ ... N ~ ~ Q / :n ~ Co W N. W~~.vEplr~C w~ ~ i 6 ~~ / jJC cp N ~ p cr "~ ~ ' G_ ~ ~- GS N w' N ; ~ ~. U. ~ ~ ' w... 1`,/ J ~~ ~•~,..`~ . i -. ~ ~ ~ ~~ Q1 Z 1 ~ ~ r ~ f •~ W p v` • ~ 3~ / ~- N ~ / ~ ~ ~ v 0~.~ ~ ~ ~ N _ ° ~ ~ _. Q1 ~ 1 /~ I ~ i\ ~ ~ F.O '• , /. f MERIDIAN CITY COUNCIL MEETING: NOVEMBER 8.1995 APPLICANT: BRIGHTON CORPORATION ITEM NUMBER; 20 REQUEST• PUBLIC HEARING• REQUEST FOR A VARIANCE FROM THE REQUIR MENT TO PIPE THE SOUTH SLOUGH STUB FOR BEDFORD PLACE SUBDIVISION GA ENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS. CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. ~•;: "S interoffice MEMORANDUM bo: GarySmith. Shari stlles cc: File: Bedford Place Subdivision from: Bruce A. Freclcleton re: South Slough Stub Drain date: October 2, 1995 Today I ran some calculations to determine what the impact of the existing 50 foot wide easement for the South Slough Stub Drain would have on the boundary of the Bedford Place Subdivision. The easement offsets adjacent to the subdivision are 20 feet wide on the left and 30 feet wide on the right. At the point where the easement centerline intersects the centerline of Ustick Rd. the distance between the subdivision boundary and the centerline is approximately 19.6 feet. The distance between the easement centerline and the subdivision boundary decreases to approximately 18.2 feet as you traverse southerly to the terminus of the easement description (see sketch), therefor the issue of whether the easement would impact the net square footage of the lots is not as big a problem as once thought. '~ to' ~ , ,, p.~. l:ASEI~nEnIT 'I II m ~ ~I ZI ~'~ OI J N~ Y ~ '~ ~8.z ~~ ~ USTlGK _ _ ~ Rv. f- from the desk of_ a ~I~CE vlStOtJ Bruce A Fredda~ton Assistant to Cry Enginev Gtr of l~kridian 33 East Idaho Ara Idaho83642-1600 (208) 887-2111 Fa,c (208) 881-1297 Bri hton RECE/VED ^orporarion September 29, 1995 ,~ ~ Y1~ _ S EP 2 9 1995 Mr. Gary Smith ~p t' qTY City of Meridian I- A /tN"'~' ~J2,. ~,l.Q.uQe$ ' 33 E. Idaho ~ ~ ~~ S~GtI~ Meridian, ID 83642 5~,~~~~ ~- ~ R~CElV~,~ Facsimile: 887-4813 __---------. __ ----.___----__- 1 . $~,~ ~ ~ jb;;0 RE: Bedford Place Subdivision -South Slough Stub ~ q ~EIV Dear Gary: I gave the "DESCRIPTION OF RIGHT-OP WAY FOR THE SOU1Ti SLOUGH STUB" to both Hubble Enginecting and Pioneer Title Company. Both called today to tell me that the description does not fall on the Bedford Place Subdivision. Basal upon this information, I don't believe that any variance for useable lot. areas is necessary. Please call if you feel otherwise. Also at issue is the variance for tiling of the drain. We spoke about bonding for tiling in order to release permits on the lots you are holding until such time as a variance can be considered by the Council. The problem is that on a drain therz is no established Qow that permits any type of calculation. We really don't know how to establish arty bonding amount. . Our position is that a variance should not even be required for at least two r easons. First, this is a natural drain which carries wateryear-round and should therefore be exempted as a natural drain. I brow thax there are other drain ditches, such as the one adjacent to Fothergil! subdivision on the south side, where tiling has not been required. Further, r.'~e ditch does not fall on our property qr form the boundary with eur proToert~r,~ As you know by your inspection, the drain is approxirnatdy 20 feet to centerline $~om our property line, Even if you assume that the drain will fill to the crest of the bank, it is still approximately 3 feet off of our property line. And if it did Sll to that level, they haven't invented the pipe big enough to handle it. Please call so that we can discuss how to proceed on this matter. I have some pre-sale homes with owners anxious to get started. Sincerely, ~.,' David W. Turnbull `~ - ~qSi I7oMd -I`• tw~s~ n~c~ '~ ~~~ N•1~ I satin ~w~t,. DWT/hs as V'uvj~ht¢ i5 aPpyoued r~~- ~e.r~~-riay ~ ,~ i= -s, _ ~l~t.t~}Q. ~errv~~a'S With GI~o~ Ir ~d • . 12301 W. Explorer Drive, Suite 200 • Boise, Idaho 83713 • TEL 208-378-4000 • FAX 20&377-8962 SEP 29 '95 15 19 12083778962 PAGE.02 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chlef W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Worlrs/Building Departrnent (208) 887-2211 Motor Vehicle/Drivers license (208) 888-4443 GRANT P. KINGSFORD Mayor TO: Mayor and Council FROM: Shan~~Plannin & Zonin Administrator g g DATE: November 3, 1995 COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMI ION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER SUBJECT: Variance Request to Waive Tiling Requirement for Bedford Place Subdivision by Brighton Corporation The South Slough Stub is at least 10 feet deep with extremely steep slopes. At the times I have visited the site, the water has been extremely slow-moving with algae floating on top. I would estimate the water depth during my inspections was less than one foot. Much of this water is probably groundwater. Applicant has submitted a letter stating the ditch does not form the boundary of their property, but Bruce Freckleton's calculations clearly indicate it does. Applicant compares this situation to Waterbury Park and Fothergill Subdivisions. This is not an equitable comparison, as both Waterbury Park and Fothergill made amenities of these areas and are designed to give someone falling in the ditch the ability to get out. The South Slough does not go through Fothergill Subdivision. The subdivision most similar to Bedford Place in regard to the ditch is The Willows Subdivision. It abuts anirrigation/drainage ditch with a similar depth/slope on its westerly border. Fences have been built along the top of bank that are now falling into the ditch. Dogs have also dug holes under the fence. With no plantings to hold the bank in place, the lots in the subdivision erode during urigation/rainfall events. I believe this is a prime example of a ditch that should be tiled. I recommend that the variance be denied in consideration of public safety. Most of the homes in this starter subdivision will have young children that will naturally gravitate to the ditch. ALso, if the variance is granted, some lots will not meet the minimum 6,500 square foot lot area required in the R-8 wne. It would seem the income gained from usable, legal lots would more than pay the estimated $26,000± cost to pipe the ditch. HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS ..~uAM G. BERG, Jr., Clty Clerk A Good Place to Live RONALD R. TOLSMA MAX YERRINGTON JANICE L. GASS, Ctty Trouorsr w w CITY OF MERIDIAN ROBERT O. CORRIE WALT W. MORROW BRUCE D. STUART, Wat : o $~Dt. JOHN T. SNAWCROFT, Wute Wetsr Supt. P i Z COMMISSION DENNIS J. SUMMERS, Perks sour. 33 EAST IDAHO JIM JOHNSON, Chelm+an SHARI S. STILES, P i z Adm. MERIDIAN IDAHO 83642 - ' MOE AUDJANI KENNETH W. BOWERS, Flre Chlsf W. L "BILL" GORDON, Pollce Chlsf ~ +~~'"~~' ^ ~ ~ -~ -~~ Phone (ZOB) 8884433 • FAX (208) 887-4813 =• - ; + ~~;F =- _ .... r CHARLIE ROUNTREE WAYNEG.CROOKSTON,JR.,Attomey PUb1iCWOrks/B waling Department (?AS) 887-2211 TIM HEPPER GRANT P. KINGSFORD ~ ~. i Z 3 j ~+ ~;~ Maya ,~+ p~ a ~ i.~~ 6.r~ ~4'`....~~~si~~ t~ t~7 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 31. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/8/95 REQUEST: Variance request for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: 1650 feet East of Meridian Road on the - -- _ . _e_ .... . south side~of Ustick Road "-- -~ JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT ITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATIO ~R LIM 8 FINAL PLAT) CITY FILES ~ C~ OTHER: ti~ ' - C= - ,j ~ YOUR CONCISE REMARKS: ~' OFFICIALS .•~~LIAM G. BERG, Jr., Clty Clerk JANICE L GABS, Clty Troasuror GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waete Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flro Chlef W. L. "BILL" GORDON, Pollcs Chlef WAYNE G. CROOKSTON, JR., Attomsy 33 EAST IDAHO INERIDIAN, IDAHO 83642 Phone (ZOB) 888433 • FAX (206) 887813 Public Works/Bu1Wut8 Departmdlt (206) 887-2211 GRANT P. ImYGSFORD COUNCIL MEMBERB RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMIS810N JIM JOHNSON, CMlrman MOE AUOJANI JIM SHEARER CHARUEROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 31. 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/8/95 REQUEST: Variance request for Bedford Place Subdivision BY: Brighton Corporation LOCATION OF PROPERTY OR PROJECT: 1650 feet East of Meridian Road on the _ ` mouth side-of tistick Road _ __: . JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT _~-DA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FlLES OTHER: % y ~~ ~- 7.1 _ YOUR CONCISE REMARKS: 7` i S WILL ~7/D f .Ci~r ecT` /y1~,^i' ~ps.J ,:'., ~~' ~,;.~ ~.~~ ~ s ~'~: C.:tt'.r' 1i',~, HUB OF TREASURE VALLEY A Good Plaoe to Live CITY OF MERIDIAN OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Trouurer GARY D. SMITH, P.E. City Enpinesr BRUCE 0. STUART, Watsr Works Supt. JOHN T. SHAWCROFT, Wute Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 8 2 Adm. KENNETH W. BOWERS, FIro Chlef W. L. "BILL" GORDON, Pollcs Chlsf WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place W Live COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDLAN w LTW.MORROW P62COMMISSI~ 33 EAST IDAHO JIM JOHNSDN, churman MERIDIAN, IDAHO 83642 A ~~~'~ ~ ~ V ; ; D MOE ALIDJANI Phone (1A8) 888433 • FAX (Z08) 887.4813 MEaro1AN IAf!IOAtl~~1 ~i`~r„~TIM HEPPERREE Public Works/Building Depardngtt (208) 887.2211 GRANT P. xtNGSFORp AM ~ ~ 0 C ~ 1~~~ ~'~~i~ix~i~ ~ k . ~~ ~~ ~'i~~~i~i#~~i~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVE OPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: October 31 1995 TRANSMITTAL DATE: 10/19/95 HEARING DATE: 11/8/95 REQUEST: Variance request for Bedford Place Subdivision BY: Bri~c piton Corporation LOCATION OF PROPERTY OR PROJECT: 1650 feet Eas# of Meridian Road on the south side of Ustick Road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8~ FINAL PLAT) U.S. WEST(PREUM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF~RECLAMATION(PRELIM & FINAL PLAT) CITY FlLES OTHER: YOUR CONCISE REMARKS: The Finch to rain wi fall in the city's requirement of piping latera s --, ivisions. Henson Assistant Water Superinten ent Meridian Irri ation District ~~~~~:.I i~~~ ~t id`i~~al~~t-. CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT Rezone # Conditional Use # Preliminary /Final /Short Plat 4 C T 3 3 i~~~] Boise Garden city Meridian ^ Kuna ^ Acz 1~~ /'/~/c~: C3~ ~ ~,~c~ /~1~~ ,S'y~f1 !!~/1/vim ^ I . We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for. ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare , Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center 4 ,e.G 15. ^ beverage establishment ^ grocery store 2"S rl" ~`~ //~;~ C' ~,.~it~~./'T, D / / ate: Reviewed By: CDHD 10/91 rcb, rer. I/95 Review Sheet CENTRAL DISTRICT HEALTH DEPARTME . T,~, {~.~;; . ; ^,, , Environmental Health Division~,~~=~~ `'~ ~~`~ Return to• '`' "`~ ,RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208137&0329 9y0 SURVEyO~y December 14, 1994 Ms. Shari Styles City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 RE: Development Agreement Bedford Place Subdivision Dear Shari, Attached is the development agreement for the above mentioned subdivision for your review and comment. Please redline any necessary changes and return to me so that the developer can sign this document and the agreement can be placed before the City Council for 5nal approval. Feel free to call me if you have any questions. Sincerely, ~~.~~ Brian D. Smith Staff Engineer DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and BRIGHTON CORPORATION, an Idaho Corporation ,party of the second part, hereinafter called the "DEVELOPER", whose address is 12301 W. Explorer. Suite 200, Boise, Idaho 83709 . WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1,400 square feet of floor space, exclusive of garages. 3 . That the property zoned R-8 ,described in "Exhibit A" , shall have lot sizes of at least Six Thousand Five Hundred ( 6,500 )square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Brighton Corporation City of Meridian 12301 W. Explorer 33 East Idaho Suite 200 Meridian, ID 83642 Boise, Idaho 83709 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. By DEVELOPER: BRIGHTON CORPORATION By, By CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ) ss. On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared and known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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) STATE OF IDAHO ) County of Ada ) Notary Public for Idaho Residing at: My Commission Expires: ss. On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 .. ~.. ._' ~.;,~:,~,.,,r y w RUBBLE ENGINEERING, INC. 9560 Bethel Court ^ eofae, Idaho 83709 Project No. 94035 EXHIBIT "A" ~.~ ~ Fax ZOE . •:~ September 8, 1994 ~ :.: ~.~,~ DESCRIPTION OF BEDFORD PLACE SUBDIVISION FOR ::~~', THE BRIGHTON CORPORATION ~ ~-: A PORTION OF GOVERNMENT LOT 3, SECTION 6, =~ .~ .y, .` thence South 89°34'26" East 2406.55 feet along the Northerly boundary` of the ,, ,.;. NW4/4 of the said Section 6, which is also the centerline of East Ustick Road, to an iron" ,-` pin marking the one-quarter corner common to the said Section 31 and 6; . • ~ ~, }~~', ~: ,.; . thence North 89°34'26"West 694.77 feet along the said Northerly boundary ofthe`~ ; NW1 /4 of Section 6 to an iron pin; ~ : ~ ~ ~ _. -~ - thence South 0°25'34"West 45.00 feet to a 2-inch galvanized pipe, also said point.` 7 bein the REAL POINT OF BEGINNING INITIAL POIN ~~ ;A~,3 tiff ~ bbl thence along the following courses and distances to iron pins: ~k ~^~rf~~ y`P*~ - ~~~. ~~} continuing South 0°25'34" West 180.00 feet; .: ,;.p „_t a T.3N., R.1 E., B.M., - MERIDIAN, ADA COUNTY, IDAHO A parcel of landlying in a portion of Government Lot 3 of Section 6, T.3N., R 1 E., ' '' ~. B.M., Meridian, Ada County, Idaho and more particularly described as follows: i ~'. L ~ ~* ;'y. MS ~ ~ Commencing at the brass cap marking the section comer common to.Sectton 3a ~; '~; ,'~~w~ T.4N., R.1E., B.M., Section 36, T.4N.,~R.1W:, B:M., Section 1, T.3N., R.1W., B.M.,'an~`T , ,,~~;.;: ,> the said Section 6; '"'~~~ ` ~ d s; .t ~, thence North 89°34'26" West 11.94 feet to a point of curve; thence Southwesterly along a curve to the left 10.48 feet, said curve having a` :-~- ~:; ~~ central angle of 30°01'57", a radius of 20.00 feet, and a long chord of 10.36 feet bearing South 75°24'36" West to a point of ending of curve, also said point being a point, of .. beginning of curve; thence Southeasterly along a curve to the left 199.09 feet, said curve having a ; central angle of 16°36'16", a radius of 687.00 feet, and a long chord of,198.40 feet. ~,~ bearing South 7° 11'01" East to a point of ending of curve, also said point,being a point, ~'`~ `- of beginning of curve; L ~.f'. f: ~~, Bedford Place Subd. , ~ Page 1 of 3 ~ ~~ a. ~ a ...,z ,i '1;.. .s . . ~.~ ,,; yf ~~ • 4 ,~ A ~~~~ 1N _ r~'. ~jyt+ .r ~ rr -' ~ ,', . . '. 1: Project No. 94035 September 8, 1994 thence Southeasterly along a curve to the left 5.17 feet, said curve having a central angle of 14°48'47", a radius of 20.00 feet and a long chord of 5.16 feet bearing. ,, `~ South 82°10'02" East to a point of tangent; , thence South 89°34'26" East 29.44 feet; thence South 0°25'34" West 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 17.48 feet, said curve having a central angle of 50°05'17", a radius of 20.00 feet and a long chord of 16.93 feet bearing South 65°22'56" West to a point of ending of curve;. thence South 19°39'43" East 205.01 feet to a point of beginning of curve; ~ A, ,,~;, thence Southeasterly along a curve to the left 3.46 feet, said curve having a ~~ °' central an le of 9°54'43", a radius of 20.00 feet and a Ion chord of 3.46 feet beann ~`#'~ r°°,, 9 9 9 South 84°3T04" East to a point of tangent; ,'+ _ i~3 thence South 89°34'26" East 32.91 feet; ~ ~ ~ ~t~4s~~~ ~1~ ,~ ,< ~ ~^, thence South 0°25'34" West 50.00 feet to a point of beginning of curve; ~`.,~"~~a'~~~`~: ~~ ;' ~~ p ~~ thence Southwesterly along a curve to the left 17:48 feet, said curve having to ~~ ~"~~` central angle of 50°05'17" a radius of 20 00 feet and a long chord of 16 93 feet bearing' ~~ `S`''~t~~ ~ '. South 65°22 56 West to a point of ending of curve; ~ ~; ~~ ,~~,~ ,qx` j~l Ai thence South 19°39'43" East 205.01 feet to a point of beginning of curve; : ,~~ ~ ,~ thence Southeasterly along a curve to the left 3.46 feet, said curve having a~' ~ . central angle of 9°54'43", a radius of 20.00 feet and a long chord of 3.46 feet bearing', ; South 84°3T04" East to a point of tangent; thence South 89°34'26" East 28.16 feet; thence South 0°25'34" West 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 14.93 feet, said curve having a central angle of 42°46'15", a radius of 20.00 feet and a long chord of 14.59 feet bearing ;. South 69°02'27" West to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the right 95.63 feet, said curve having a Bedford Place Subd. Page. 2 of 3 { , y.~ i F,'~I l'~ i~S i ., ~ ~ ,r . Prepared by: RUBBLE ENGII~E~RING, INC. 4431 ,, .. ~, ; Project No. 94035 September 8, 1994 central angle of 14°02'01",a radius of 390.45 feet and a long chord of 95.40 feet bearing South 6°35'26" East to a point of tangent; ' thence South 0°25'34" West 97.32 feet to a point of beginning of curve; thence Southeasterly along a curve to the left 10.47 feet, said curve having a central angle of 30°00'00", a radius of 20.00 feet and a long chord of 10.35 feet bearing South 74°34'26" East to a point of ending of curve; thence South 0°25'34" East 50.00 feet to a point of beginning of curve; thence Southwesterly along a curve to the left 30.44 feet, said curve having a central angle of 87° 12'35", a radius of 20.00 feet and. a long chord of 27.59 feet bearing South 46°49'17" West to a point of tangent; thence South 3 ° 12'59" West 62.15 feet to a point on the Southerly boundary of - ~ , said Government Lot 3 of Section 6; thence South 89°44'06" West 819.82 feet along the said Southerly boundary of Government Lot 3 of Section 6 to a point marking the Southwest corner of the: said `t Government Lot 3 of Section 6; thence North 0 ° 19'24" East 1315.99 feet along the Westerly boundary of the said -' ~, Government Lot 3 of Section 6 to a point marking the Northwest corner of the said- -`; Government Lot 3 of Section 6; thence South 89°34'26"East 620.08 feet along the said Northerly boundary of the , NW1/4 of Section 6; thence South 0°25'34"West 45.00 feet to the point of beginning, comprising 21.60 acres, more or less. MDW/DTP/GLR/bh/915.des Bedford Place Subd. O ~'F OF ~o~ ~`RY F~~" D. Terry e , P.L.S. ~: 4 ..~ Page 3 of 3 ,, EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BRIGHTON CORPORATION This subdivision is for 78 single-family dwelling units with an overall density of 3.61 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, excluding Finch Lateral. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks streets to and within the property. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of-way, including necessary bike lanes. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the CITY. 8. Provide temporary construction perimeter fencing except where such requirement has been waived in writing by the CITY. 9. Provide for pedestrian/bike path along Finch Lateral. BEDFORD PLACE SUBD. -EXHIBIT B DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and BRIGHTON CORPORATION, an Idaho Corporation ,party of the second part, hereinafter called the "DEVELOPER", whose address is 12301 W. Explorer, Suite 200, Boise, Idaho 83709 . WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A" , and requested zoning of R-8 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 1 WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1,400 square feet of floor space, exclusive of garages. 3. That the property zoned R-8 ,described in "Exhibit A", shall have lot sizes of at least Six Thousand Five Hundred ( 6,500 )square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, gas lines, and television as required for the development. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 2 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 3 DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4 The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 5 shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct temporary construction perimeter fencing except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Brighton Corporation City of Meridian 12301 W. Explorer 33 East Idaho Suite 200 Meridian, ID 83642 Boise. Idaho 83709 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: BRIGHTON CORPORATION By By By CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) County of Ada ) ss. A/~ r On this ,2 day of f~£ , 1995, before me, the undersigned, a Notary Public in and for said State, personally appea ed D,4vio YID cwr~bk,/l and I~KE 7ili?6 known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation 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. • A~o e°~e,~o®~~~~w ° s~r e®e~ ~" o° ~oTa~~. °Q ° (SEAL) m o v 1'UBLZ~ m 00 ~,~ o°e o ego®A~Q ~°®ooo©®O®b "~.~, o~ STATE OF IDAHO ) County of Ada ) ss. .Lse.G Notary blic for Idaho Residin at: orsE My Commission Expires: 3 3 00 On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. Notary Public for Idaho Residing at: (SEAL) My Commission Expires: BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 8 . ~ EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND BRIGHTON CORPORATION This subdivision is for 78 single-family dwelling units with an overall density of 3.61 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, excluding Finch Lateral. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks streets to and within the property. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of--way, including necessary bike lanes. 5. Pay any development fee or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the CITY. 8. Provide temporary construction perimeter fencing except where such requirement has been waived in writing by the CITY. 9. Provide for pedestrian/bike path along Finch Lateral. BEDFORD PLACE SUBD. -EXHIBIT B ` '4 RELEASE OF NON-DEVELOPMENT AGREEMENT The non-development agreement entered into by and between Brighton Corporation, whose address is 12426 W. Explorer, Suite 220, Boise, ID 83713 and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 95030566, on the 5th day of May, 1995 is hereby released and revoked, the provisions thereof are no longer binding on the parties thereto, and the time for development of .Bedford Place construction as required by the Ordinances of the City of Meridian, shall commence on the 22nd day of July, 1996. Brighton Corporation avid W. T bull, President ACKNOWLEDGMENT Attested: City of Meridian o ert D. Come, Mayor G. Berg, City ~~~~ti~~~~ti+ri~br,,~i ., ~~ rV wi 1 /ma~/yy(( YY ~~ v i ~/~L ,,, ~'~ :y ~, ~~~~ On this 22nd day of July, 1996, before me, the undersigned Notary Public in and for the State, personally appeared David W. Turnbull, known to me to be the President of Brighton Corporation, and acknowledged to me that he executed the above instrument for and on behalf of said Corporation, and acknowledged to me that said Corporation exec-~±ed the same. State of Idaho ) ss County of Ada) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ ~ ~ ~~ OT~n~x ~~~GRD ~ e~ Nota Pub ' for the Sate of Idaho s ~ ~~ ~'' '`' `~ ~ `` `~ Resi ise, Idaho 's ~• ~• ~- ~' ~` ' ~' ` " "" ` My Commission Expires L o?~~ s ~ 'ALBLtG ~* ~OIS~ !% . ' $p ~~." 0 OF I~ ~;..•• ~ 31 t '96 SEP P~1 ~~vr FEE ~"_--- ~..:: ~' ~~ . RECGnu.:~ :.i ` ~•• nt~UEST OF - , ,.~ .. ACKNOWLEDGMENT On this ~ ro( day of3~, 1996, before me, the undersigned, a Notary public in and for said State, personally appeared Robert D. Corrie and William G. Berg, known or identified to me to be the Mayor and City Clerk of the City of Meridian, and the persons who executed this instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same. State of Idaho ) - ) ss County of Ada) 5ep~"~ber IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Public for the St ea of Idaho g in ~)j`J pr; q~: a ,.,._ ,Idaho Commission Expires: ~~~•~~G E L . G •.,• y BL B~'D A PORTION OF GOVERNMENT LOT 3, SECTION 6, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY IDAHO 1995 • NUBBLE ENGINEERING, INC. • eASls of 9EARINa BOISE, IDAHO .. . ~~.. ......... s ana'a' E suet . ...... ...................................... . -nr 3 ~• _ _ S 89'34'?. E 6 0,~ E E USi1CK ROAD - ~ ~ ~GOC 1 ~ S ~~ ~ w ,'- P 9EgNNING ea.ee N e •2e' w IN.K 4 ~ apt d >at x oALM. PIP[ MolA1D s/e• _ _ _ LOT 1 Oj AGiI"~~ ~ ~ ~ ~2 8 ~ L9'GIAI' B N( 3qg ~ ~ 41o ya4~ ^44F~ 488 4 ~I~i'~ a N 6a3'2a w t N li74'!0' w - b iA.73' y 9e,,, E. EDOAR couRr *~~' " ~ ~ 9 399 y 3~ NIS 4z.9 455 4~1 489 N ~.~. O D 11 _ 0 $ ~ „ ~ ~ ~ ' r~ C-1 11.94' I ,~ ~t10 - ,oor is d A LOT 1 -NTS-- N~JY~ 1t3. , ° ~ ' ~'~ S ~ ~ ~N ~~~ 1 ry ® ~ S N'34 28 E ~{ob '414 43b 458 ~ 4? '492 ~,'µ• I •~ • ~ ~~o~ s oo•zs'34' w 3a`~ h3 '' a E ADDESON STREET ~'~ ° ~n.et 4 °e'0r ~~ W a ~ ~ saao 4 H la~© `~ 4b7 4zi +443 4(•5 481 Sri ~ ~ ,. ~g,~ _ N !l 170. O ~ ~ $I © N ~ ~ ~ 13 $ Q ~ ~ ' ~© 9 $5.10 ~'~ ~ S 89'34'26' E -1 - - ~ _ - 14lP ~'ii~ t~ ~~~ 39 ~l0 22 -' • Y~ ~ a ~Saoar saa' w • e~aw Ee~r b n zsoar - - - " w - E BIILDVNN SIREEY -yeas - "- -- ~ ~ S 00?.S'34' W ;' 39S `b I ~9 421 43S 447 4~9 497 S13 S~q ct° ~s~0 ~ 0 ~ ® © 0 © ~ g t0 ~t ~~ a ~~1 ~ s - - ~~' ~ O g W g I - - - ® ,~' '~ +~ 19 $ © 3 ~ 1 $ ~ • ~ • $ 14 ~ • $ ©~ a 'i ~ O-7 n ersx ze• w Q.~ ~ ~- r ~ o-ro S 89'34'26' E ~oo.u ~3 S d;,~ aoo• ee~ar ^ w.os ' M.ao~ = aao• _ ^ w.oe~ = sw~ 28.16' I 21 ~• ~ ~ b N Y7fee w M6.lT b n sra~•2r wd ~ ~y~+ " E SEDAEMACK a :aeo• S OORO'34' W I ~~ a 'r d,~o ; ; s s s~ q ~8 c-4t i1 ,aw ~.j ' N o~4'7D' W ~ ` 2 ~ •, © •, O O • O ~ LOT 1 n ersa u• w ,oa ~ 19 ~ ~~ ©~ ®~ ®~ ©Y ~y$© 11 s~~•w n sra4•zs' w ~ a'e0 : 0-10 ,o~, q_ = waor aar ~.oo• = eaoor eaoa = ~.oor = S 00'2S'34' W I ® `~ L b a e~a~• c eel q 00.00' ¢ ° E WAKElY STREET -~ - - ,.~ Boa • a 'td._' ~ - -' - - - 3~ $ J 8215' ~T 3 F A T H R G I L L P O I N 7 E S U B D I V I S I O N N 0 1 L ~ fid R~ ~~N ~L O DEED RESTRICTION FOR GOOD AND VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, the below signed Grantor, DAVID W. TURNBULL, PRESIDENT OF BRIGHTON CORPORATION, owner of the land described as: Lot 5, Block 6, Bedford Place Subdivision, records of Ada County, Idaho Bargain and Convey unto the CITY OF MERIDIAN and to all subsequent owners of the above described parcel of property, this declaration, acknowledgement and deed restriction. It is agreed that the property above described has been granted a variance from the twenty foot (20') front setback to a ten foot (10') setback. It is further agreed that while HELEN V. DAVIS, a widow, is living, the property shall maintain a ten foot (10') front setback, and upon the demise of HELEN V. DAVIS the above described property will resort back to the twenty foot (20') front setback requirement, 'and the Grantor is willing to place a restriction on the property so that the above described property will maintain a ten foot (10') front setback until the demise of HELEN V. DAVIS, at which time •the property will resort back to the twenty foot (20') front setback requirement. Therefore, this DEED RESTRICTION is given to the City and it shall bind the Grantor and the property and shall maintain the variance of the ten foot (10') front setback until the death of HELEN V. DAVIS, at such time the property will return to the twenty foot (20') front setback requi ment. - ~~ECO~D~n-H~c~~ES~ ~~r . ~ ~~ ~ ~o BCf~E. iQr.tiO 1~~3P9~~~ PI1I~l~ 9~OZ~Oi2 That Grantor specifically covenant that he is the fee simple titled owner of record of the land described above and that he has the full and unrestricted right to grant this restriction. Grantor further covenants that he will, at his sole cost and expense, defend this restriction and take all action necessary to return the property to the twenty foot (20') front setback upon the demise of HELEN V. DAVIS. That this restriction shall be a covenant running with the land 'and shall be binding on the heirs, executors and assigns of the Grantors. DATED This ~ day of ,/~i1.r.~ 1998. AVID W. TURNBULL, RESIDENT BRIGHTON CORPORATION STATE OF IDAHO,) ss. County of Ada, ) On this ~~~`"day of (~ , 1998, before me, the undersigned, a Notary Pub is in and for said State, personally appeared DAVID W. TURNBULL, known to me to be the PRESIDENT OF BRIGHTON CORPORATION, who signed his name as PRESIDENT OF BRIGHTON CORPORATION, to the foregoing instrument; and acknowledged to me that he executed the same as PRESIDENT OF OF BRIGHTON CORPORATION. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in t~i,s certificate first above written. ~ ~ ~ ~+G~A A~ ~ iy~~Ml~`~'~ ~~~ ~~~ a ~~ i ~~O~~~g ~~ A +~,m t~ 7+~~~ o ~~ ~; R~s•iding at : f~~LliL~ My Commission Expires: - I~. ~ ~ Bri hton g Corporation September 29, 1995 Mr, Gary Smith City of Meridian 33 E. Idaho Meridian, ID 83642 Facsimile: 887-4813 RE: ~~ +'~11f~llirlp~ - South Std Dear Gary: RECE/VED SEP 2 9 1995 MERMAN CITY EN(3M1EER R~C~'f ~k~::. Sir ~ .j (~~J MEFt1UtArv qTY ENf~ER I gave the "DESCRIPTION OF RIGHT-OF-WAY FOR THE SOUTH SLOUGH STUB" to both Hubble Engineering and Pioneer Tide Company. Both called today to tell me that the description does not fall on the Bedford Place Subdivision. Based upon this information, I don't believe that any variance for useable lot areas is necessary. Please call if you feel otherwise. Also at issue is the variance for tiling of the drain. We spoke about bonding for tiling in order to release permits on the lots you are holding until such time as a variance can be considered by the Council. The problem is that on a drain there is no established Ilow that permits any type of calculation. We really don't know how to establish any bonding amourn. Our position is that a variance should not even be required for at least two reasons. First, this is a natural drain which carries water year-round and should therefore be exempted as a natural drain. I know that there are other drain ditches, such as the one adjacent to Fothergill subdivision on the south side, where tiling has not been required. Further, the ditch does not fall on our property or form the boundary with our property. As you know by your inspection, the drain is approximately 20 feet to centerline from our property line, Even if you assume that the drain will fiU to the crest of the bank, it is still approximately 3 feet off of our property line. And if it did fill to that level, they haven't invented the pipe big enough to handle it. Please caU so that we can discuss how to proceed on this matter. I have some pre-sale homes with owners anxious to get started. Sincerely, David W. Turnbull DWT/hs 12301 W. Explorer Drive, Suite 200 • Boise, Idaho 83713 • TEL 208-378-4000 FAX 208-377-8962 SEP 29 '95 15 19 12083??8962 PAGE.02 Y +~ 4 interoffice M E M O RA N D U M to: Gary.Smith, Shari Stiles tt: File: Bedford Place Subdivision from: Bruce A. Freckleton re: South Slough Stub Drain date: October 2, 1995 Today I ran some calculations to determine what the impact of the existing 50 foot wide easement for the South Slough Stub Drain would have on the boundary of the Bedford Place Subdivision. The easement offsets adjacent to the subdivision are 20 feet wide on the left and 30 feet wide on the right. At the point where the easement centerline intersects the centerline of Ustick Rd. the distance between the subdivision boundary and the centerline is approximately 19.6 feet. The distance between the easement centerline and the subdivision boundary decreases to approximately 18.2 feet as you traverse southerly to the terminus of the easement description (see sketch), therefor the issue of whether the easement would impact the net square footage of the lots is not as big a problem as once thought. FASEMEti1T I~°~2% q,te ~I.AGE ~~ from the desk af... Bruce A Freckleton Assistant to City Engineer City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642-1600 (108) 881-1111 Fax: (108) 881-1191 4 USTtGK ,` ¢v. I - utsCRIPT.I:ON.OF TF1E RIGHT OF WAY FOR TttE SOUTH SLOUGH STUB ,. \, - _ ~ •, ^. $eginning at the quarter corner common to Section 31, T 4N.,'R.lE., and Section 6, T.3N., 'R.lE. , R,t•(. '.2649.5 feet fros~ the corner commondtouSectionsr3lr-bears N, 89°47,0'W. and Sections Sand"6;'T.3N., R.IE.'.B:rf,• _ andQ32,-:T.4N.ti.lE., feet to Station O+OO.O on the centerline~ofhthe South Slough.Stub ri ht- of-wa an 282.3 Y d the Real;i?oint of Beginning;;thence•on the centecline of the' -South Slough Stub right=of-way, which is a strip of`land SO feet in width 35 feet on the left and 15 Eeet on,the right of. said centerline running S.0°48:7'W,, 898;5 feet to SCatio'n°$+98.5 a westerly on the arc of a circle 20 feet'in radiustcurvingVtouthe rightb an arc distance of 31.2 feet thence 28,.1 feet to Station 9+2g.7,' the chord of said arc running 5.45°31.0'(J,~ 13+96.0, a point of curvaturetl+thence.westerly(on the.arceof aocircle 30 feet in radius curvin lion chord of said are running Sol the left an arc distance of ~i7.1 feet, the thence S.0°15.5'67, g +5 14'4 IJ., /i2.4 feet to Station 14+43.1; common. to Sectians~64and 3letsaidSpointnbear85S4gg°34 o8nC•on the line from the corner common to Section 6, T.3N, R.lE. ' 1072'0 Section 31 feet T.4N., R.lE., and Section 3G, T.4N, ' Section 1, T.3P1., R.1(J,, bears N.89°34,g'W,~ 2406.5 feet from the quarter corner commonato sojdner Sections 6 and 31. Thence continuing from Station 1~i+85.4 . strip of land 50 feet in width, 20 feet onpthetlefttandCenterline of a right of said centerline rennin, S.0 15 5'(J, 30 feet on the • 27+48.5 F ° , said sta~ion is also Station 312+79y11on3thefcenterl.inetjon: South Slough right_of_way and the end of the described centerline point bears 5.39`59.8'E., of•the. T.3N., R.1F, .1659.0 feet from the corner common to Section 6, Lion 36 ' ' Se~ti`Jn 1B.P.3N,~ R,l(J., Section 31, T.4N., R.lE., and Sec- T.4N, from tree quarter corner commonato saideSectionsN68and`~31,W~' 2`06..5 feet _1_ . (SOUTH. 51.0(r(;H ST[1n) • ~lsiss~ isfec'S1~13 Iif'~~ I I ~I'~ , iR !15 ~ ~~ / ~ _ = i j j i ~ ~ T ~w. R.r. k T .,~E+w. j~ R ~~` e~ 5 i' R ~ ~~ ~ I ~ ' ~~I~ ~ ~ gq Q ~s . i' 1• ~N elA TTE ~ ' I~ N 1 'tt' E 90' i l k i ~ l i ~ 1 ann+. n.w A " y Aa e d~-xartpa-~ N ,Nrra+ .uE. !I l~9 ~I 01~1~~. ~..~Rni ' ~~~A`O y~'I i8 ,i~ e~ 3 ! ~ ~s ~ !~ O ~ ~~ ~ ~ v~ ~~'s~~ ~.= I _ ~~~~ ~ ?WOE 0 ~i ~ . .q ~ ~~ m D?C~ © ~ Q^,`I 9s i~6RO ~rV` w~ ~ : ~~ 4 z 506w~•wi,. ! 23 C: 2 ~ ~ Ali X10 e~ I e'er 3:r~w ~ g~ Y 4 ~l '-~Y y~° a~~ ~;o ~/ ~ r' ~ t E ~" ~ ~ o m 's g .. .~ ~~ a w~ ~Q ~ a~ ~ !~ ti~ z $ B ak w,~ fIQ ~ ~ ~ E ~X ~iq g •~ ~ ! ~ t ~~~ ~ ~~ ' ~ ~~ ~IP ~.~ ~J I ~I s ~; ~ s , 0 e -~C.. ~P-~ax~sa ~~~H,~ .,~ -~ ~ JI.. r '.Ir...IIJ ~"' ~'' ~ WARRANTY DEEy J' ~~ {~ i, ,.,~., S ~ ~{tt Reser.~ation of L;fe Esi~~~"^ ~~ s, a :~~~ -nu ~p 1 i~ ~~ .; ~7 THIS WARF~,~NTY DEED, mad^ this tOth day ottF'e~~trary, t994; between HELEN V. CAVlS, a w~do~~~, of Meridian, Ada County, Idaho_ ('GRANTGR~, and HTON CORPORATION, ~ .Idaho Corporation, whose address Es.3i `1U. Expl~e.><~raie, Suite 200, Boise, Idaho 83704 ('GRANTEE7; r.~ WITt.ESSETH: The GRANTOR, for and in consideration of the sum of Ten and No/ 100ths Dollars, lawful money of the United States of America, and other good and valuable consideration, to her in hard paid by the GRANTEE, the receipt anc7 sufficiency of which is hereby acknowledged, has granted, bargained and sold, 2:.d by these presents does g-ant, bargain, sell, convey aid confirm unto the GRANTEE, and to its successors and assigns forever, all of the following described real property situate n the County of Ada, State of Idaho (hereafter 'Subject Property'), to-wit: Real property described on 'Exhibit A' attached hereto and made a ps:~ hereof. SUBJECT TO: The exception; sho~.vn on 'Exhibit. B' attached hereto 2nd made a part hereof. FURTHER SUBJECT TU: Tile reservation by the GRANTOR of a lire estate in and to the residential dwelling located on the Subject Property and cccupied by the GRANTOR at the date of this Warranty Deed, including the land adjacent thereto required for the GRANTOR's use and occupancy thereof as her residence, togett-~er with full and unobstructed rights of ingress and egress thereto (which dwelling, land and rights of ingress and egress are hereafter called "Dwelling'), said life estate herein reserved to be on the following terms and conditions: (a) The life estate herein reserved shall continue for the life of the GRANTOR, or until the GRANTOR permanently relocates her place of residence to a place other than the Dwelling, whichever shall first occur; (~) During the term of the life estate herein reserved, the GRANTOR shall keep the improvements, comprising the Dwelling insured against loss by fire and otner casualty in an amount not less than th° full replacement cost thereof, with the GRANTEE to be named as the loss payee WtiRr~A"!TY DEED - t 16 :: UU1'1'~2 thereunder; provided, th<^.t if said improvements are damaged or destroyed by fire or other casualty, neither the GRANTOR nor the GRANTEE shall be obligated to repair or replace the same; (c) The GRANTOFc shall pay all ad ~ valorem : eal property taxes and other assessments lovied and assessed against the Dwelling during the term of the life estate herein reserved, apportioned for any period of less than a full calendar year. (dj Thq GRANTOR shall pay for all utilities used or consumed in connection with the Dwelling during the term of the life estate herein reserved, and for all maintenance and repairs ,necessary to keep and maintain the Dwelling in a good and habitable condition. TOGETHER WITH all and singular the tenements, hereditamants and appurtenances thereunto belonging or in anywise appertaining, including any and ai water right;:, mineral rights, easements, ri3hts-of-way, and all improvements Located thereon; the reversion and reversions, remainder and remainders, rents, issues an~i profits thereof; and ~ t of the GRANTOA's estate, right, title and interest in and to the Subject Property, as well in law as in equit;~, subject to the reserved life estate zbcve described. TO HAVE ANfi TO HOLD the Su` :t Property, together with the appurtenances unto the said GRA'~TEE, and to its successors and assigns forever, and the GRANTOR does hereby covenant to and with the said GRANTEE, and its successors and assigns, that the GRANTOR ~ ~ the owner in fee simple of said real property; that the Subject Property :s free from all encumbrances except as may 5e otherwise expressly specified herein; and tha: the GRANTOR w'sl! warrant and defend the Subject Property from all lawfu: claims whatsoever. IN WITNESS WHEREOF, the GRANTOR has hereunto set her hard and seal the day and year first above written. .~~.~. r/ .~ ~- HELEN V. DAVIS WARRAN~iY DEED - 2 16~;UU1~53 STATE OF IDAHO ) County of Ada ) ss: On this ~~ Februa f Public in and f rd said State ry' ~~ before me, the unde to me to be the ~ personally appeared HELEN V. DAVIS, kn wnor identfied acknowledged to mer that shesexecuted I theusame, ed to the for egoing instrument and IN WITNESS WHEREOF, I havR hereunto set my hand and a seal the day and year in this certificate first above- written (fixed my official (SEAL) Residing -- .._W.~ ' MY Commissio Expires: Idaho ~' ~~ WARRANTY DEED - 3 iE;•'; ; Ur~~ ~~~•~ HIBIT (Description of Subject Property) GOVERNMENT LOT 3, of Section 6 in Township 3 North, Range 1 East of 9oise Meridian, Ada County, Idaho; OCCLUDING therefrom: That portion lying within the Ustick Road right-of-way, including in said excluded Portion, but not necessarily limited to that portion conveyed to the State of Idaho by Deed recorded in Book 215 of Deeds at Pages 118 and 119, records of Ada County, Idaho. EXHIBIT A -Page 1 of 1 RT RT RT t RT ar. ~ R K T G i~! ~ {i.ii`~~!S' s ii:. RT R1 .! il~itij~ .` l.. lii,ii: RT ~1i1 t~~itijlij, .~ 'li,~ i •ii~~~ ji~I , } 11 1{ ~~~;~ ! ~ 1 ~ +~ j,: ~~ 1~~ : ., Ali' ..~1 . r 1 ;~ ~1 !~•;!.i ;;;Iii! i. ~1~: •{ ••~;'{~{ ~j{ is ; j,~i{~! ! :i!I~t +~~ ijlij ii !. it j ;'i ' ' II~ !•i ,;~ !(i .. ;i! ,~ • t {i RT , .! L~ .~ a 3D O ~ N I. ~ C • ` ' • ' ` ` ' ~ T 4; ; . , ; x; ,: i ; ;~; is ' R ~ , i :1 Ijl~;t~ i{ii~ ' { 3 it j{:jli ; ~~'~ { i .s ~ {t i ~ r ~ { i iE ~i I' 1 i t s }I it {!~i 1 ;It• ! s t {, i!~ ! 1!E if ! si i ~, ~ i - t'~~!!- R i. ?. { • ?r. R1 i •; ! (! R1 RT ,~, RT ; ,'. i i' ` ~ ~_ ~ RT ~it~~l RT 1 ~ '~ ii~ ~~ j ' . {;; { ~~ j' j i' ~~ ., i' RT RT RT .. Ga C-3 C'© R 1 M ' '. . INSTRUMENT No. QUITCLAIM DEED For value received HELEN V. DAMS, a widow does hereby convey, release, remise and forever quit claim See Attached Exlu'bit "A" unto BRIGHTON CORPORATION, AN IDAHO CORPORATION 12301 W. Explorer Drive, Suite 200 Boise, ID 83713 ~ ~~ the following described premises, to-wit: together with their appurtenances. Dated: ~~ `C ~ ~~~ ~~ ~~~ ~~~ ~ Helen V. Davis, a widow STATE OF IDAHO, COUNTY OF On this ~ ~ daY of 1995, before me a otary public is and or said te, personally appeared HELEN V. DAMS, known to me to be the person whose mane is subscribed to the within instrument, and aclmowledged to me that she executed the same. • . IN WTTNES~~O~,1 have hereunto set my hand and affixed my oflYCial'~l the day a7~~~esi in.tliis certificate first above written •+ u Comm. expires:. ~ ./° .' '/ f 5Ci5s: ;:? '95 Flue lit E ~" FEE ~~ ._ .: __~~.r STATE OF IDAHO, COUNTY OF ADA I hereby certify that this instrument was filed for record at the request of at minutes past o'clock m., 19 , in my office, and duly recorded in Book of Deeds at page Fx-Officio ~Rocorder sy ~~. Notary Public ,Idaho Fees S Mail to: ._ / ~NGr~ •i+iA RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992. Fax 2081378-0329 y O e ~~ // .1--- Project No. 9403500 ~~~ ~ ~ August 8, 1995 DESCRIPTION OF BEDFORD PLACE. SUBDIVISION AREA EXCLUDED FROM LIVING TRUST A parcel of land lying in a portion of Government Lot 3 of Section 6, T.3N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the section corner common to Section 31, T.4N., R.1 E., B.M., Section 36, T.4N., R.1W., B.M., Section 1, T.3N., R.1W., B.M., and the said Section 6; thence South 89°34'26" East 2406.55 feet along the Northerly boundary of the NW1/4 of the said Section 6, which is also the centerline of East Ustick Road, to an iron pin marking the one-quarter corner common to the said Section 31 and 6; thence North 89°34'26" West 694.77 feet along the said Northerly boundary of the NW1 /4 of Section 6 to an iron pin; . thence South 0°25'34" West 45.00 feet to a 2-inch galvanized pipe,~also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 0°25'34" West 180.00 feet; thence North 89°34'26" West 11.94 feet to a point of curve; thence Southwesterly along a curve to the left 10.48 feet, said curve having a central angle of 30°01'57", a radius of 20.00 feet, and a long chord of 10.36 feet bearing South 75°24'36" West to a point of ending of curve, also said point being a point of beginning of curve; thence Southeasterly along a curve to the left 75.61 feet, said curve having a central angle of 6°18'21", a radius of 687.00 feet, and a long chord of 75.57 feet bearing South 02°02'03" East to a point of ending of curve; thence South 89°39'36" East 713.93 feet to a point on the East line of said Government Lot 3; Bedford Place Subd. Page 1 of 2 L C/ ~ ~~ ~~ ~e~r thence South 00°20'24" West 998.02 feet along said East line to the Southerly boundary of said Lot 3 thence South 89°44'06" West 1314.54 feet along the said Southerly boundary of Government Lot 3 of Section 6 to a point marking the Southwest comer of the said Government Lot 3 of Section 6; thence North 0°19'24" East 1315.99 feet along the Westerly boundary of the said Government Lot 3 of Section 6 to a point marking the Northwest corner of the said Govemment Lot 3 of Section 6; thence South 89°34'26" East 620.08 feet along the said Northerly boundary of the NW1/4 of Section 6; thence South 0°25'34" West 45.00 feet to the point of beginning, comprising 34.61 acres, more or less. TRW/vw/943.des Bedford Place Subd. Prepared by: RUBBLE ENGINEERING, INC. Todd R. Waite, P.L.S. Pale 2 of 2 rRANs SI INF ~~ .I~,Q .~ ~ SeDQI: ~ .~QQE BODE t;~11Nr ,~, 5 CyVYNERS SCHED(~.E A OFFIC~ E FlLE N~M.),3~ P128682 P I N p 13 4001 80 007488 I]ATE OF POLICYPOLICY FEBRUARY 10, 1994 A8 OF 3:57 P.M. ~idOUNT OF INS RANGE 5600,000.00 PROP ~ .~E P :1830.00 7. Name of Insured: HELEN V. DAMS, A WIDOW, FOR UFE, WITH THE aEMAINDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 2. The estate or interest In the land which is covered by this p~tcy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: HELEN V. OAVIB, A WIDOW, FOR UFE, WRH TNl: REMAINDER IN BRIGHTON CORPORATION, AN IDAHO CORPORATION 4. The land herein described Is encumbered by the following mortgage or Trust Deed, and assignments: and the mortgages or trust deeds, ff any, shown in Schedule B hereof. 5. The land referred to in the Policy is described as follows; SEE SCHEDULE C Sa~+EDUL.E e Pdlcy Number: ~ ~ owes EXCEPT]ONS FROM OOVERAGE This policy does not Insure against ions or damage (and the Company w81 not pay costs, attorneys' tees or expenses) which arise by reason af: (1) Rights or claims of parties in possession not shown by the public records. (2) Encroachments, overlaps, boundary Ilne disputes, and any other matters which would be disclosed by an accurate surveyor inspection of the premises including, but not limited to, insufficient or impaired access or matters contr~iotory to any survey plat shown by the pubic recorcls. (3) Easements, or claims of easements, not shown by the public records. (4) Any Ilan, or right to a lien, for services, labor, or material heretofore or hereafter famished, imposed by law and not shown by the public records. (5) (a) Unpatented mining claims; (b) reservatbns ar exceptions in patents or In Acts authorizing the Issuance thereof; (c) water rights, claims ~ title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. (s) Taxes or special assessments which are not shown as exiting Dens by the records of any taxing authortty that levy taxes or assessments, on real property or by the public records. Proceedings by a public agency whioh may result in taxes or assessments, or notices of such proceedings, whether or not shaven by the records of such agency or by the public records. $peclal Exceptions: The mortgage, ff any, referred to in Item 4 of Schedule A. 1. GENERAL TAXES FOR THE YEAR 1994, WHICH ARE UENS, ARE NOT YET DUE AND PAYABLE. 2• DENS AND ASSESSMENTS OF THE FOLLOWING DISTRICT AND THE RIGHTS AND POWERS THEREOF AS PROVIDED BY LAW. NO DELINQUENCIES APPEAR IN THE COUNTY RECORDER'S OFFICE. DISTRICT: NEW YORK IRRIGATION DISTRICT (343-2952) 3. RIGHTS AND CLAIMS IN ANO TO DITCHES, CANALS AND/OR LATERALS WHICH ARE LOCATED OVER AND THFiU SAID PREMISES. 4. TERMS COVENANTS AND RESTRICTIONS OF SAID UFE ESTATE SET FORTH IN DEED RECORDED FEBRUARY 10, 1994 UNDER INSTRUMENT NO.: 94019024 BETWEEN HELEN V. dAVID, A WIDOW, AS GRANTOR AND BRIGHTON.CORPORATION, AN IDAHO CORPORATION, AS GRANTEE END OF ~(CEP1'IONS CONTINUED ~; Pt2i~@82 13 4001 80 007488 NOTE: THERE IS NO NOTICE OF RECORD AND THEREFORE NO SEARCH HAS BEEN MADE FOR ANY UNPAID A88ES3MENTS, CHAROE$ OR FEES FOR SEWER, WATER, GARBAGE, IRRIGATION AND OTHER P0381BLE UTILITY $ERVit'~S. Countersigned SCHEDULE B (STANDARD CQVERAGE) Schedule B of this Policy consists of 2 pages. GOVERNMENT LOT 3 OF SECTION 8 IN TOWNSHIP 3 NORTH, RANGE 1 EAST OF 8018E MERIDIAN IN AOA COUNTY, IDAHO EXCEPT THAT PORTION LYING WITHIN THE USTICK ROAD RIGHT-0F-WAY, INCLUDING IN SAID EXCEpTEp PORTION BUT NOT NECESSARILY UNITED TO THAT PORTION CONVEYED TO THE STATE OF IDAHO BY DEED RECORDED IN BOOK 215 OP DEEDS AT PAQE3118 AND 119. END OF LEGAL. DESCR11~170N • ~ s~twnNe Ro • aaa~a~,r~ • •~ • ~ ''" ..~ ~~ v.~ J J M _. _ . .. ~ Y: r•~ ,• + J • +. + J Jr/! ~ r4 r r r r 4 ~ r ' rrn J } , . r a '>: J f 1 V, ~rr ?: Ir ,i~~ Y~i t r r i ~ tt r`~H A r y ~. f :~' J ' XJ`r+I n L '''` ri{:: ifs% v .1 JJ . . ~ tr fr 3' J r r +r " y r !' ~ r N , / r. + . J ,1 J j r j f:.^ y + r , . : , • } J -. ~ h4 J ~. r~1 y,~ J ~ 4 :• + 1' ,. y4 r rr ;;y.r t•~ , fr rr ?~i~f'; ; ~ r n Jr J ~ , , ~:+ r r r 4'f Y + Orr rvi r` r'J 1 r G r .. 'L+~~ " n / r / ~ /, .:. jrr r r .+ . ~ r r + ~ 'Y ~ 5 C J'r a h 41 ~r M~N'~s+r •` ,(/ ~ Y 1 r i J JY y I +' ' ~ ^ + '~+ 4 a +,] + + ~ r r r r, +,. n . r ,., +r . Y * rJr { J ~ ~ f Jr~ N :..' r+ :hr `r ~ Y Y i t r r AJL t Y / - • J f r , r f J ^i i~ ~ +J ~.. rr ri ~ °+ ~ r`}" J r + +' 9 ' n ' An '~< rJr yjl ` r . .. , ,r~,. +. ter' r 1 / N.i%, r• J r r!. .. "fl r Yn '"r ,. •„ .+ ,r.:: .:.v . ~ r r r rRa.i ~ rt ! I '~+iil "• ~ ti ~'rt: `,.'w~. J Jr' / H wr I ' r r A rr' r .+ '::r :~:'Ni.:•.Mr I / 4, f ~ .f rr {y r I .`...,~::: Jr ~ r r Y` F .. r + . t r :R : s ~+`b' i • v. ` r + . r r{r .~, r LYE ~ ~ ? r{ ~' /"y':Yr?s' .,4, r ~ n~ ~~?rF~.: + HW o/r Y / ~ ~ i r r a •• : '....r~ ~. •hY n y. 4~.s«J . ' : ~' .: •: r. . 5 / ~ . :%'. • .r ni r..1 . ~ r. } ~~ J. ~ r. ~. ~ r~~~ri . rrf. Y ;a; r :+n ... " "i ?{ ~ r tiw~V ~." } :., ~ ::: yt f it ~~ ,. M rf : ~ si j ?,,. % . rir X, r f a a r r ' Y. .:{. is ': ~ y:: ~N h '. A . y N L : d ~ L ~ l _. Y f_ . ! .M.!?: .~ .rN.'~yr J 3 f ~ 3 K . '. Y r I y. '. rY .bL r•G'.y ~ J ( • r N '"` ^ f M ~ ~ y . !3} +'~- 4 Y A h k n+~ r 4 ~ '. 4 t ,. i . { ~ . * t wr rte /L N " . r{`ru' Y y`' N I f •.~ n 3 r J ! M j '{~ ~ h~ ~ ~ . r r , i 4 RA• N / ' ' ~ % ~ ~r ' A r r ~ ~ r . .r 4 ~ ~ •t / ~y~ ~ .. n r . n.:~:•.~~ I . ..Yr ' i y t? r .d• fi+ 1 r r r ~ . r , „~ ~ ~ X ~ `•~-i'. ~ ,. ~ ^vT yr% `A~~ . h n A'r r r / , r V + '"' f d `rf ! am ~S ' ` , 1'ti J"• n ' ~I ti y1 .. } 1 .. , ~ n~ A 1 l . k ^' G ,..r .e~. wis ta '§ . +csddc 'X i '~ > ~ Y,j~ F ! ~ rrrF ~~{ .{ ~~ N A' ' y .. td ~ , r r eK. m rp d•Yi 4 '• ~. , }rr ¢ 'y l{r +b}r~S K rra v+' f ~"' ~ r f r y > i~t` ~ ~ ~ gym ^r t + ~ ~ a + . ~.•. S V i •, ti' r { ii i r' V '"..a' r y v+r + r, • f } . r s + ] ~ 1 A f. r •r'< .{ 1 ,. , d F h '` '+ri' .r'f ~ { `Y _ , ] 1 Ir Y ' F ~ MM/ r ' + f r ~' ' `r " ' . } ' 'G - ~ ~ Y Y'r „ n n . t rw. 1 w.~ 3~. } .r, ;, r .~/ '1` ' ' ~ / }> f r ' !r;~.•^: +. r fY4 ' i.. ~•.. + I / + 5 .~ ' . 3 rrr rrY Y r ~ 7 1+. 4 .. J .: r. y... Y r ~ A} C ,YT , {,t,.• +4 w yri's-. ,.-.' J~ f r ~ r t ^' } ~ ~ , YJ+ '?fi. r ~ f t .:ht ~++ ~. J .~. +: ; :: Yi: .. ~••. .. ... .. .~•. ': r: %r ' ~i:~j .l. . r. GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary Mr. Michael Wardle Director of Operations Hubble Engineering Inc. 9550 Bethel Court Boise, ID 83709 Re: Bedford Place Subdivision ` ~6 G~OV~'.I,I. IID~ ~~9~ ~D~~ April 18, 1994 ~~ . a~~, As we discussed in our meeting of April 18, 1994, the Ada County Highway District will drop the requirement for a traffic study for the proposed Bedford Place subdivision in Meridian. The traffic study is not needed because of the unique characteristics of this subdivision: the single connection to Ustick Road,. an.. internal .collector, and the connection to the Fothergill Pointe subdivision. The traffic study requirement may be reinstated if there is a significant change to the land use plan of the subdivision. The Ada County Highway District may place site. specific requirements on the project, but they should not require a traffic.study. Please let me know if there aze any questions or concerns. David Szplett Traffic Services Department. cc: Terry Little Karen Gallagher ,, FILE ada county highway district 318 East 37th • Boise, Idaho 837 ~ 4 • Phone (208) 345-7680 '`' ~`~ RUBBLE ENGINEERING, INC. 9 ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208!378-0329 RV Project No. 94035 BEDFORD PLACE SUBDIVISION April 1, 1994 Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada- County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 6; thence South; 89°34'26" East, 2406.55 feet to the quarter comer common to the said Section 6 and Section 31, T.4N., R.1 E.; thence South 00°20'24" West, 45.00 feet along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING (INITIAL POINT). Thence continuing South 00°20'24" West, 1255.14 feet to the C-N1/16 corner; thence South 89°44'06" West, 1314.54 feet to the NW1/16 corner; thence North 00°19'24" East, 1315.99 feet to the W1/16 corner on the North boundary of said Section 6; thence South 89°34'26" East, 1314.85 feet to the North quarter corner of said Section 6; thence South 00°20'24" West, 45.00 feet to the Point of Beginning. Containing 39.48 acres, more or less. Subject to right-of-way along the North boundary for Ustick Road. Prepared by: NUBBLE ENGINEERING, INC. ~~ ~ ~~~~. o ~~~s~ .. ~l~~oF ~ ~~~ F~ ~~~ ~ ti D. Terry Peugh, P.L.S. DTP/bh/879.des ~~ • • V IVd w SOIL AND WATER TABLE REPORT for • FINCH CREEK SUBDIVISION for .NUBBLE ENGINEERING ' by ASSOCIATED EARTH SCIENCES . '~ JULY 1994 On 7-12-94 Shelby Brownfield, Associated Earth Sciences, evaluated the Finch Creek Subdivision north of Meridian Id. The area will be serviced by the Meridian sanitary sewer. / This was the middle of the irrigation season and th ere had been ample water for the first half of the season. The irrigation induced water table should be fairly high. Pit i Near the fence and north of the irrigation canal. This site is. typical for the soils between the pit and Ustick Road 0--12 inches; lOYR 3/2 silt loam 12-20 inches; lOYR 4/4 silty clay loam with some lime accumulation 19-36 inches; lOYR 7/3 and 4/4 hard duripan, impermeable 36-50 inches; lOYR 4/4 extremely gravelly sandy loam 50-78 inches; extremely gravelly and cobbly loamy sand 78-96 inches; extremely gravelly and cobbly coarse sand with water at 96 inches 86-108 inches; clean extremely gravel and cobbles with some coarse sand with water Note; Water is in the field ditch less than 50 feet from the pit. Water table at 96 inches. :. ~'. ~ Note; This is in a low area near the irrigation ditch. The water table is at 74 inches. Pit 3 West side of the property and just north of the irrigation ditch. The most wet area on the property. the field is being irrigated and water perches in the upper part of the soil. 0--13 inches; lOYR 4/2 silty clay loam with some mottles 13-23 inches; lOYR 5/2 gravelly clay loam with common medium distinct 7.5YR 4/4 mottles, a ate. Perm wk~«, 23-36 inches; lOYR 5/3 gravelly loam with some 10YR 4/4 mottles 36-45 inches; lOYR 5/4 very gravelly sandy clay loam 45-66 inches; lOYR 5/3-4/6-5/2 stratified extremely gravelly sands and sandy loam 66-72 inches; lOYR 5/3-4/6-5/2 extremely gravelly sand 72-90 inches; clean loose extremely gravelly and cobbly sand with water. Note: This is in a low area near the irrigation ditch. Water is flowing downslope from the irrigation ditch on the north _ _ - ;_ aide of the field. This surface irrigation water saturates "~~-'~="-;~~=_"~~-_ the upper part of the soil by parching on the gravelly clay `` =-~~...:,~.....~.-.loam layer . The deeper water table at 72 inches ~,.-.. _. ~:~ __ . ~- - ... 2 Pit 2 lust Sow of the old irrigation ditch. Water in an small channel of the old irrigation ditch. About 60 feet north of the new canal that is 4- full. 0--10 inches; lOYR 4/2 silty clay loam 10-18 inches; 10YR 5/3 silty clay loam with common medium distinct lOYR 6/2-4/4-4/3 mottles 18-38 inches; lOYR 5/4 gravelly loam with some lOYR 4/4 mottles 38-56 inches; lOYR 5/4 extremely gravelly loam and sandy loam 56-74 inches; lOYR 5/3 extremely cobbly and gravelly sand 74-86 inches;, clean loose extremely gravelly and cobbly sand . with water. 1 ~ ~/ _jy:! :C ~' JAMES E. BRUCE, President :~ SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary Brian Smith Hubble Engineering, Inc. 9550 Bethel Ct. Boise, ID 83709 Re: BEDFORD PLACE SUBDIVISION Street Plans Approval ~j February 14, 1995 Via Facsimile BEDFORD.SPA Street construction plans for Bedford Placef Subdivision are acc®ptable and have been approved for construction. Y have recalculated the street construction security ($715,100.00) to reflect the redesign of the drainage systems. The inspection deposit must be paid prior to a required preconstruction conference including representatives from the lead agency, ACHD Construction Services, the developers engineer, the general contractor, subcontractors, and utility companies. Please provide two additional sets for construction inspection. Zf you have any questions or comments, please call me at 345-7662. ~~~,~~~~ Stuart C. Rich, Development Analyst pevelopment Services SCR/scr cc: Project File Chron File ACHD Construction Services City Of Meridian ads county highway district 318 East 37th • Boise, Idaho 83744 • Phone (208) 3d5.7680 F 4:36 345 7650 .~ • M ,(3LC~ fore Y~L ~OcC ~ yo 3 s ~/~ MEMORANDUM TO: GENE SMTrH FROM: BRIAN SMITH DATE: NOVEMBER 29, 1994 RE: TEST PIT IIWESTIGATION BEDFORD PLACE Four test pits were dug on 11/29/94 to determine the approximate groundwater level for the subdivision. The weather was 35 F, overcast skies and windy. Pit #1 Located approximately 25' N, of Onweiler I:ateral & 150' East of the existing house. 0.0' - 2.0' Top Soil 2.0' - 4.0' Hard Pan Layer 4.0' - 9.5' Sand & Gravel 9.5' Ground water Pit #2 Located approximately 30' N. of Fisher Lateral & Due South of existing house. 0.0' - 1.5' Top Soil 1.5' - 3.5' Hard Pan Layer 3.5' - 6.5' Sand & Gravel 6.5' Ground water Pit #3 Located approximately 60' S.W. of TBM #2. 0.0' - 1.0' Top Soil 1.0' - 2.5' Silty Loam 2.5' - 5.0' Hard Pan 5.0' - 9.0' - ~ Sand & Gravel 9.0' Ground Water ' r. „ Pit #4 Located appro~nately 60' S. of Ustick Rd. & 30' E. of Pit #4. 0.0' - 2.0' Top Soil 2.0' - 4.0' Hard Pan 4.0' - 8.0' Sand & Gravel 8.0' Ground Water - - ~ ~ r'~j t~ G:j,-~' i n ~'c- ~r ti^j ,ter? ~ F' '. ,~ ~ 55 OG 85.00' ~ 85.00 85.00 7?,14 ~ u' _ ~- 5v' G 46 49 _1]' Y 8?' 12 35' 1'S..-~ .42' P8.28'- ~ N 45.25'34' E 90'00'00' 85.00' 65.00' 85.00' 85.00' 87.14' __ -_ 103.53' W _____ . -_. 42' __28.28' ! N 4/'34'26' Y ' 90'00'00' © ~ W ' W - W ~' O ~_. 13'•~ __23.00' S 89.34'26' E 180.00'00' .42' -' 28.28' N 45'25'34' E 90'00'00' `' ~ '*jOO X°o x8 ~°o ~g 17 1l~~~ ~ ~ 8 21 ~ o ~A~ 0 19`'~~ $ 18 ~ S~ y~qg 42' ~ 2e.2e' s 44.34'26• E 90.00'00• ~~ ~ ~Z ~~3~~ °o ~I o° ~~\a~ °o ~I ~ g ~ ~2I=..20' 20.22' N 30.01'43' E 60'43'49' ~} ~~~{ ~3(c 45g i.}7µ ~28-1.46' 10.34' S 74.35'09' E 29.58'34' ~y C~-84 z z z z ~ i 72 ' 19 81 ' S 29.55 ' 11 ' E 59' 21 ' 22' 0b ~ 85.00 85.00 85.00 .85.00 0.83' ' '_.53' 97.46' S 02.36.41' E 07.19'25' ~0• N 89'34'26' W - • o ,4580.18' .20' %.11' 156.92' S 09.53'04' E S 06.13'21' E 07.13'20' 11'57'41' R G-8~ E. ADDESON STREET 391~~ n •~' 216.44' S 08.09'30' E 17.10'08' RLI N p ~ 40.2 ~3 85.00 3 x{21 85.00 3 y~~ 85.00 3 4(~ • 85.00' 3 ~}S~ .94' ~;~ 59' ~`~20' 36.93' 166.19' 20 22' S 18.12'08' E S 07 • l 1 ' O1' E S 44. ' ' 02'55'09' 13.41 ' 38' ~+ J • 1t/yS14+- o n o • ~ ~~5123 ~ o - . o~'~~ r•~ o~i,.72' . 19.81' 23 44 E S 17.28'29• v 60.43'49' 59.21'22' •~- O ~ o O in o ;~ o O ~ o O ip o .11 ' 14.75' S 68' 47 ' 22' v 43.16 ' 24' 5 0' c~ 1 d oc 2 yp~+ oo (cN' - 0 4 0 °0 5 S`~ o° . 81 ' 9.71 ' N 75.31 ' 22' v 28.06 ' 08' OU a ~ r' S ~ ~ ° O '•' .57' 14. C7' J 4U`J~'UU° L •-1 `4es'36` o ~ ~m~\~° q ~ q s~9~4' `~ ^ v1 .94' 20.00' s 10.20'17• v 60.00'00• Z 80~ 85.00 85.0( •- ~ 7200' 72 ~- W W ~,~, $a . 3 N Y ~~ 0 + a ~ 0 13 r~S Q ~g 1 q ~~'B0.02' a -7200' 72 b 50.0' NA1tIPA ~c 1.00' S 00 .94' 720 72 • ~ W ~' 3`~ .~s .~~~~ o l~ 10 ° rr.84 u ° 9 X94', - N 89'34'28- W - - E 13ALDWIN STREET 749.13'~ pj 57' 85.00 ~ 85.00 3 85. 3 85.00 85.00 3 85.00 3, 52' N~ `:J ~$ ®~o O S3$ ~ o0 7 ~o ~ s~~~ g v1 ' oo v1 85.00' ^ o0 v- 8 .0~0 0 00 /J,~S! ~- 8 .00' ^ o S 89'34' 8~ B .00 0 E 00 v- .00' 0 00" ~ q` B 00' 95.39 88. 88. 88. 88 . O 88. ~ ' A •,~~ / W ~~~~_\'I ~W O ~ fM~ ~'~ 19 8 0 18 $ 16 `r 1 ~$ 15 ~ ~o ~g ~: s• o , oa O l.: svo E n~ s °1 ~~ID . , Z . 43 z ~ ~ f n z 1-422 ° '' ~ ° y;-b ~ ° L}~ ° Z g .- z Soe 38.80 88.0 0 88. 88:00' 88.00' BB.t ><MC RM S0~ ~ .. N 89'34'28' W c-~' E. SEDGEWICK 58242' ~ ~ ~ 4Qg23 y I q lj3 85.00 3~ 3 y53 3 •175 85.01 3 499 • 0 n ,~ 'oo ~i oo ~~ ~ o ~a o 00oooo~g® ~ 'oo ooo i~ '°o ooa 0 0 0 or- Z ~ V1 q q ~ q S 89`34 2 8 E N 75.15 85.00 85 85.00' 85.00' 85.01 Z Ov7 , W W W W z '° ~~ 19 ~ g 18 ~ 0 0 8 16 15 8~ c` 4oµ z 4 ! 8 ~ s1 ° 4.3b 8 45 2 z s18 8 ~ ;n18 ° ~ ~'~~ 35.04' 85.00' 85.00' = 85.00' Z 65. 0' z 8 ° S 89.34'26' E A n r ......~.. _ _ ene nee ~~~ i .49' N 77.18' .43' N 42.21' .00' S 10.20' .00' S 49.39' .00' S 10.20' .93' N 65'22' .84' N 76.48' .66' N 39.25' I T N 30.25'34' E N 75.25'34' E S 45'57'20' E N 64.34'35' y S 46.20'16' E N 59'55'13' E N 84'55'04' E S 45.22'29' y N 67.54'02' E N 22'50'57' E S 77'42'23' E S 89.20'04' E N 40.25'35' E S 04.51'51' E S 11'32'38' E S 45.22'29' V S 44.37'31' E S 45'22'29' y N 71.24'12' E N 26.21'07' E S 73.09'08' E S 69'12'43' E N 74.43'43' E N 24.02.50' E c ~n•d~.~n• c •00'00' '00'00' •05'17' •31'10' . ~" ~~. 60.00'00' 50.05'17' 25.32'17' 49.13'39' 15.14'03' 15.14'03' 20.05'17' 11'31'25' 58'45'11' 60.00'00' 60.00'00'- 30.00'00' 87'14'11' 49'59'41' 38.58'40 11'01'01 90' 06' 10 45'03'05 45'03'05 23.44'05 46'59'27 C•]•90/•C 4• 5• '1s '12 :~ '41 'S0 rE NOlE 15 p'~ ~ Q ~fL 769'82. ;VELOPER• ON CDRPORA770N FOTHERGILL POINTE SUI3DISE, IDAHO ~4-035 REC,E/VED A~UG Z 4 f~95 Meridian City Engineer SHEET 1 OF 2