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HomeMy WebLinkAboutChateau Meadows Complaint~lZ~c~e~cu ~-~~~~s MEETING MINUTES ~ ~~ ~~ ~ RECEIVED ^^ Quadrant MAC 3 U 1995 Consulting, inc. Date: 3:00 PM, Monday,.Mazch 27, 1995 Location: Meridian City Hall MERIDIAN Re: Drainage -South Half, Section 5, T3N, R1E, B1V~I~ity oerRdian, Idaho Attendees: John Anderson (NMTD), Jim Aschenbrenner (Farmer), Mr. Aschenbrenner, Sr. (NMID Board), Tom Bauwens (Dakota Development/AVESTP4rcel), Don Bryan (Land Owner), Craig Callaham (Quadrant Consulting/AVEST Parcel), Dorrel] Hansen (ACRD), Dave Marks (Tealey's's Land Surveying/Dove Meadows), Frank McCrady (Capital Christian Center), Jim Merkle (Hubble Engirteering/Lotridge Parcel), Watt Morrow (City of Meridian), Gary Smith (City of Meridian),Steve Sweet (Quadrant Consultin~AVEST Parcel). Distribution: Attendees, Mayor Kingsford (City of Meridian), Roger Allen (AVEST), Dave Hwk (Fred Meyer), Bill Guevremont (Soderstrom Architects) The meetit~ kicked off with introductions. Gary Smith, Meridian City Irngineer, then led the discussion with a general description of the irrigation return flow (i.e., waste flows), drainage and irrigation situation in the subject area. Generally, the existing system was described by Gary as a system of inadequately sized open drainage ditches and some piping (of apparently adequate capacity to handle waste flows). Performance of the system is impacted by the deposition of water-home silt when Rows transition from piped to ditched conveyances. (The example discussed was the current deposition of sift on Ewing's ProP~y•) Councilman Morrow stated that in his opinion Don Bryan's place is being flooded and Aschenbrenaer is being damaged by the performance of the existing system. He further stated that Meridian has intended to issue constructive notice if the drainage system is not operating properly by April l 5, 1995. Finally, the city's position is that the cost of the soturion will not be the sole responsibility of the AVEST project as the problem is being caused primarily by properties from the Shoshone Center upstream. Jim Asehenbrenner described the JMK irrigation system. Areas irrigated by Aschenbrenner include the SE'/ of the SE'/. of Section S (the 80 acre parcel at the NW corner of Eagle Rd. and Fairview Ave.) plus gmund to the east of Eagle Road along Fairview Ave. Aschcnbrenner's best estimate ofmaximum irrigation ~urtoff due to his agriculttn~at practices on these lands is 300 (miners) inches. (Note: 1 miner's inch = 9.05 gal/min.) [Three hundred miner's inches (ldaho units) equals 2,716 gal/min = 6.05 ft'lsec.] Aschenbrenner also stated his intention to excavate silt basins before irrigation season on the downstream end of his agricultural operation. This should help alleviate downstream problems. John Anderson initiated a discussion on the Jackson Stub, including the fact that the NMID's most westerly jurisdiction on the Stub Mends from the Jackson Drain westerly to the right-of--way for Locust Grove Road. The ?VMID claims no jurisdiction either under the Locust Gmvc right-of-way or to points easterly of the r/w. The NMID has concerns regarding the current capacity of the Stub and will resist any efforts to add additional flow in the future. A round-house discussion followed on the history of irrigation and drainage in the azea, including the Jackson Stub and areas which drain into the Stvb. A brief discussion ensued concerning the ~ acre parcel immediately west of Locust Grove and immediately south of the Stub. By the account of Bryan, the owner d0$ 5. 8th Street. Sfe. 295 • 8o~e,17 83702 Phone (208) 342.0091 Fox (208) 3d2-0092 Internet: quadrant®mtcran.net Civil Engineer-ng Swveying Construction Management 208 342 409? PAGE.©1 NiEETYIVG MINUTES ~ ^^ March 27, Z 995 ^ ~ Q~ Drainage of the property moved out in 1992 and the property has not been imgated since. Mr. Aschenbreaner, Sr. also mentioned that it was his impression that under a previous atrangcment during; development of Chateau Meadows (Blaser), this landowner had his delivery re-routed from the, north through Chateau Meadows. Delivery of irrigation water to Ewing and the Shoshone Center was also discussed. 'I1ie opinion of the NMID was that since the Shoshone Center property was greater than 5 acres, the property would not be excluded from the NM1D roles and delivery to the property would remain as a District requirement. Drainage provisions for the property would also be required. Details were left to be worked out by the owners of Dove Meadows and the Shoshone Center. The last general topic discussed was the status of the drain and delivery feed at Bryan's property. AVEST, within the last two weeks, has cleaned the ditch in front of Bryan s property and relocated the waste ditch away from his southerly property line. In the opinion of both Bryan and J. Aschenbrenner, the temporary ditch will work properly. Both gentlemen were also of the opinion that the 15 inch diameter corrugated metal pipe under Bryan's driveway was adequate to handle any anticipated waste flows. The meeting concluded with a summary by Councilman Morrow. The summary was as follows: 1. To the best of the knowledge of the parties involved, the 15 inch diameter CMP under Bryan's driveway and frontage is adequate to handle waste flows. 2. The temporary drainage ditch installed by AVEST should function properly in keeping waste flows from flooding Bryan's property. 3. In light of Items 1 and 2 above, the short-term problem is solved. 4. !n the long-term, AVEST will cooperate with the city of Meridian in developing a solution on the drainage (waste and storm) situation. 5. the developers of Dove Meadows will work with AVBST in the routing and siting ofwaste flow lines. Following review of these minutes, please inform Quadrant Consulting of any signiFicant deviations from your recollection of the events at your earliest possible convenience. Unless notified prior to Tuesday, April 4, 1995, the minutes as prepazed herein will be submitted to Council on April 4, 1995. l/~ 313 c~~~75` Filename: shs:c:\I ump\IOldc6 in\woste wl.min MEETYNG MINUTES Mazch 27, 1995 Drainage DTSTRI BUTION Fax: John Anderson (NMID) - 888-9859 Mr. Aschenbrenner, Sr. (NMID Boazd) - 888-9859 ' Roger Atlen (AVEST) - 853-3633 Tom Bauwens (Dakota Development) - 343-4954 Dowell Hansen (ACRD) - 345-7650 Dave Husk (Fred Meyer) - 1-503-797-3539 Bitt Guevremont (Soderstrom Architects) - 1-503-273-8584 Mayor Kingsford (City of Meridian) - 887-4813 Dave Mazks (Tealey's Land Surveying/Dove Meadows) - 385-0696 Jim Merkle (Hubble fingincering/Lotridge Parcel) - 378-0329 Walt Morrow (City of Meridian) - 888-9936 Gary Snuth (City of Meridian) - 887-4813 Mail: Jim Aschenbrenner Don Bryaa Frank McCrady (Capital Christian Center) Filename: shs:c:\1 ~emp~t01~;6 01\wask wl.min 2E8 342 009? iiQC TOTAL P.03 PAG~.~3 ~.~~ ~i ~~ - r ~~~~ June 18, 1993 JU~ O 1 1993 CITY CF ~ERIDIA~ Building Contractors Association of Southpest Idaho 11120 Bxecutire Dr. Boise, ID 83704 AB: Complaint against Leon Blaser, dba Interpest Development Corporation TO IVHOY IT YAY CONCERN: lle, the undersigned, are registering a complaint against Leon Blaser and bis misrepresentation of lots located in the Chateau Yeadoss Bast Subdivision. Please see the enclosed plat maps for further details. The plats indicate an irrigation easement of 20 feet along the back of the properties located on the south side of B. Locbmeadop Court in Meridian. The canal runs through the middle of this 20' easement. In reality, the Nampa-Meridian Irrigation District has a 40 foot easement, 20 feet to each side of the centerline of the canal. This is documented in the enclosed license agreement signed by Blaser and the irrigation district in March of 1992 that gave 6i^ the right to cover a portion of the canal in Chateau Yeadoss. This document states the irrigation district's true easement is 40 feet. !Ve believe that Blaser Ras spare of the 40 foot irrigation easement; yet represented in the plat and through bis real estate agent that the easement pas 20` from the back of the property. Blaser told opners 6e pould build a good fence along the canal at his expense on the 20' line. The end of April 1993, Blaser dug fence boles approximately 3 feet from the edge of the canal. The irrigation company, fearing seepage and flooding, covered the boles. Blaser or his real estate agent then told opners that a temporary fence pould be erected at his expense .until the canal could be enclosed in plastic pipe in September. (This fence bas not yet been erected.) Glaser pants each opner (there are eight) to pay (1000 to help corer the expense of piping the canal. The irrigation company is providing the labor (approximately =25,000). 650 feet of 27" pipe pill cost about (14,000, according to Pacific Nater Morks Supply Company. Me believe Glaser intended to corer the canal from the beginning because the canal is covered everywhere in the subdivision except our section of the street. Blaser told a recent buyer that we, as homeowners, could sue him and pe would pin, but it would take three years and the canal would be uncovered during that time. A two-year old child from the area has already fallen in. Fortunately, 6e survived. Glaser claims that when the canal is covered, property values pill increase =4,000 and that we pill have access to all of our property. The irrigation company does not agree. They contend that by cutting off their access to the covered canal, we are liable for repairs if pe damage the pipe. They prefer the fence to be built on the homeowner's side of the covered canal, which is about 20' from the back line. ~'~t` ~"7 Ne are not convinced that Glaser properly developed these lots. Ile paid approxi~ately !18,500 each, with the prosise that we would be protected, in sore way, frog the canal. Had we known of an "extra" charge to gain access to property we already own and of the misrepresentation of the irrigation ease~ent, we would have done business elsewhere. Ne paid full price for a full-sized lot, not a lot with 30' linear feet we cannot use. Our back yards cannot have sprinklers, landscaping or fencing until this utter is resolved. Ife deaand Glaser corer the canal at his expense and erect a 6' wooden fence with a 14' gate in each lot (to allow the irrigation co~pany access) along the edge of the irrigation access road. Sincerely, The Noeeowners of Chateau Meadows Bast No. 7 and No. 8, Block 9 Lot 7 Nave: ic,l-) doz. C~d~ Ski--ct C. t-i Oh - Address : Out h G~' (,~v~,~o20 ui~- Lot 8 Nape: ~'~ ~~G~/Yt! Address: OG(IYI ~c.r-~1~O+-~l'- Lot 9 Nape: Csa.il,..~U ~(lrsu`r~ Address: ~.O ~O 3 ~ ~ LOC~'wie.ad ow C~, Lot 10 Lot 11 Lot 12 P(eas~ ~d~'ess of 13 ~t.E,l $ovres -~hclev~Ce Lot 4 Name: undue- GOh s ~`rucfiv~-, Address: OWN~r W~'' ~-n-a~.cl~ • ~ d ' ~~~ Nape. GL{jt -t~a~,~.~.. Address:p"11 ll ~ ~'`~ -~nR-u~c~cr~ o) ~ - 83~y z Name: V 1 V ~CLt/i ~ll+~- n Address: ,~,12~j d' Nacre: yl~n G(Ja~t-v~L (,/~vl Address: ~iy3 ~ . LvcH vH ea ~~~ ~ Nacre: Address: ~/ S 3 ~^ .~ eC `I~j c ~' ~~ Bnclosures: Plats of Chateau Meadows Bast No. 7 and 8, Block 9 License Agreement between Leon Glaser and Ns®pa A Meridian Irrigation District Petition of Chateau Meadows No~eowners living near the Loch®eadow canal cc: Meridian City Naapa A Meridian Irrigation District Ada County Planning ~ Zoning June 19, 1993 Ne, the residents of Chateau Meadows Bast, residing in the area of the canal that follows the property line of the lots on the south side of Bast Loc6~eadow Court, request the developer, Leon Blaser, dba Interwest Developaent Corporation, to cover said canal at his earliest opportunity. Me also request tbat 6e erect a te~porary lence along said properties until the canal is covered. Ne are concerned for the safety of the residents because of the danger this open canal presents. 4Ve are aware that the canal cannot be covered until the irrigation season is over on or before Septe~ber 15, 1993. Address 1 %~3 Lo~6~v~e~dou~ (~ 13) ~'cy~~. Mai, ~~~ ~. 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I1 X101 N. ,k; ~ ~t ~, +wik.., f LICENSE AGP.EEMF;_~ ~7ob 'Q2 ('liii? 18 f'~~l 8 `f9 X215335 Ia~cSvO~~! )'~ LICENSE AGREF.MF,NT, made and entered into this _3rd day of March , 1992, by and between NAMFA ~ MERIDIAN IRRIGATION DISTRICT, an irrigation di strict organized and existing under and by virtue of the laws of the State of Idaho, par't' of the first p,~rt, hereinafter referred to a~ thn "District", and CfiATEAU MEADOWS EAST lfOM1;OWNERS ASSOCIATIO*7,~I17C. parY_y or parties of the .~econ~I part, hereinafter referred to as th^_ W I T H E; .S E T H_: 4;}1F.RF.AS, the hicen.cc i . the owner of the r.cal property (burdened with the ea^ement of the District her~•inafter mentioned) particularly described in the "Description of Licensee's Ix~nds" attached hereto as Exhibit A and by this reference made a part hereof; and, WIIF,REAS, the District is the owner of the irrigation ditch or canal known as $TnKiSF3FRRY _I,,A~F,P~ together with the Easement therefor, including the casement to convey irrigation water in such ditch or canal and the easement to operate, maintain and repair such ditch or canal, and includes an easement of ingress and egress for those purposes, and which ditch or canal is an integral part of the irrigation worY,s and system of the District and which ditch or canal ar.d the said casements therefor cross and inters^ct said described real property of the Licensee as shown on Exhibit H attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to alter or modify said ditch or canal, or to change the location of raid ditch or canal in its course across the lands of the Licensee in the manner hereinafter appearing and under the terms and conditions hereinafter set forth; NOW, THEREFORE, for and in consideration of the premi~~es and of the covenants, agreements and conditions hereinafter set forth, the parties agree each with the other as follows: 1. The Licensee shall have the right to alter, modify cr change the location of said ditch or canal in the manner specified in the "Purpose of License" attached hereto as Exhibit C and by thi, reference made a part hereof. LICENSE AGREEMENT - Page 1 ~'. `~ y :. .~ , ,r; *: ti 4! s ~; uar ~ ~. d ~,.- ., 13580"0 ).=J Any alteration, modification or change in location of said ditch or canal by the Licensee shall be performed in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2, Any facilities constructed by the Licensee in altering, s,odi Eying or changing the location of said ditch ortc cleanshatl all constructed, maintained and kept in repair and kep b the Licensee, and at the cost and expense of the Liji~ s~nd time, Y and the conduit therein shall be maintained and kept n re ~, for the full flow of water therein, by the Y.ept cloan at all tim_~', tense of the Licensee. 1.ic~nsee, and at the cost and erp_ ~, The Licensee agrees to constr Saida dit hinorincana~ facilities constructed by the Licensee in pursuant to this agreement in a safe condition to the end that the ditch or canal shall not constitute a hazard to any person or persons, and to indemnify anoutn of any mhazard or D gligence r~n thl~ claims for damages arising sir of said facilities ~~r construction, operation, maintenance and rep.. the fail'::° of the Licensee to Y.ecp the same in safe condition. q, The alteration, modification or cthegl.icensee aato sucn said ditch or canal shall be accomplished by times and in such seasons and in such manner so as ne` to interrupt or interfee delivery of oir~igation,water by rthe Ditri~'tcto any not /its with th landowners. indemnified 5, The Licensee agrees to indemnify and keep the District from all claims of any ion w to aoinesaidoditchaorscanal the impairment of the flocaid alteration, modification or change in which may be caused by time, or from the location of said ditch or ~ the ~ LicAnseeu at oanyondition of any sic facilities constructed by impaL?menseef to maintain andikeep inarepairethensaid dit haorucanal the and such facilities or to maintain a ation w t r through saidtditchaor caCaliandstherfacilitis±sflif anyirconstructed therein by the Licensee. 6, The District reserves the right, at its option, to impediment to the flow of water t the gLicenseeaiand to remove any facilities installed therein by reason of canal and any erson or property which may arise by remove any hazards to p the alteration, modification or change in location made by t e Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such altered, modified or relocated portion of said ditch or canal, then the District, at its option, an.. without impairing or in anywise affecting its other rights and LICENSE AGREEMENT - Paqe 2 .,>, k.. ~"=a t k +~ 0 ~} ~ R I1 ~ri •,I rs ~S TM! ~1 '135~0`~.0r`.)~ ht to perform thea nc ~o'sthe remedies hereunder, shall have the rig repairs and the Licensee agrees to p Y maintenance and the cost or expense which shall be reasonably on demand, ur oses. District, the District for such p P ey.~ended or incurred by erformed and the ~, The Licensee agrees that the work P the location of used in altering, modifying or changing ection by materials canal, at all times shall be subject to insp said ditch or the engincr_rs for the District, and that finch the District and^ by truction work shall not be m^ de u t c Dil trice. tance of th_ con, ressly aPPrO>~ d by accc•p work and materials shall have been ex ,;hall not be ,, ~~ a Tees that the Disl nt t structures or g, The Lic_n~-- g which the ~ for any damages which,'ihakindc or nature phatsocvcr ^~s~ment lia>:1- rovements of Y any other imP laC~ r~is^> construct or install on the sa ats of the' License^- shall P in thn reasonable exercise of the r19ir of s~i1 ar,,a °{ the District, ~rtorm•~nce of maint~nince^n~ iip u~„ of '1"•'' ~ n~ further agrees to cu~•p- ,,,~ `ti,;. District in the cThe~Licfnp_. ~ oasoment area is requir ditch or canal. wh,.n the use of th- under this or anY °ther slid easement area the District for maintenance or repa r paragraph of this agreement. said q, The Licensee acY.nowledges that its use of its ht, either now or at roundfwttrr property hereinbefore described m19 some other ditch or time, cause an increaintonsaid ditch or canalcorwater or g ec that it wasting The Licensee understands and ag draining or ~ District. of the District canal of th'. waste into said facilities ro erty has no right to drain or wastes from said p P round water than drains or The Licensee more surface or 9 resent state and s f d r or 'Posit any such of the Licensee in its Pshall not cause, waste into said expressly agrees that it round water to drain or 1 obtained additional surface or 9 or wasting facilities of t~ 9 District unless th created ethehall have i hts of way or casements for thendcessary additional all necess Y water and (2) i clines or other facilitied of such additional in the ditches, P P ~ comp carzying capacity water i:~ to be carried and ( ) arding tY.rough which such are ulations, ordinances, and other laws req waste water into surface streams, whether with all statutes, 9 round the discharge of drainage or uifers or other bodies of g or artificial, and into aq contaminants, debris and other natural ollutants, laced in or mixed with water and (4) removed all P manner have been P of the Licensee, and foreign material which in any ro erty ollutants, such additional water while on the said p P the event of any dispute as to the sourc thefburden shall be in n material, debris or debris or other foreigollutants, contaminants, contaminants, upon the Licensee to show that the p n material do not come from the Licensee's said PrOP 1 unction foreig ex ressly agrees that the District aragraphe by stifled to Licensee P rovisions of this P ara ra h shall b~ enforce compliance with tChep provisions of this P g or permanen" and that violation °f issuance of a preliminary ` sufficient cause for LICENSE AGREEMENT - Page e,~ r; F ~ !4 ~ - r a ~ ~ t!f J. .. 13880~0~~'7 injunction. The right to such injunctive relief, and any other remedies set forth herein, shall be cumulative of any other remedies available to the District under the laws of the State of Idaho. If the Licensee shall cause, suffer or permit any such additional water t~ drain or waste into said ditch or canal or into any other facility of the District without having complied with the requirements of this paragraph, the District shall have the right to stop such additional water from draining or wasting into said ditch or canal or any other facility of the District, and the Licensee agrees to reimburse the District on demand for the costs and expenses expended or incurred by the District in stopping such drainage or wasting. 10. :,hould either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whe`_hcr by institution of suit or not, the party rightfully entorcin~ or rightfully resisting enforcement of tho provisions of this agreement, or the prevail ing party in ca^e :..uit is instituted, sh.~l? be entitled to reimhurscmnnt for its coe.ts and reasonable attornc~ ices from the other party. 11. The parties hereto understand and agree thr,t the Licensee has no right to in any respect impair the u::es and purposes of the irrigation works and system of the District, by this contract, nor to grant any rights in its irrigation works and system incompatible with the uses to which such irrigation worY.s and system arc devoted and dedicated and that this contract shall be at all tii^es construed according to such principles. 12. I7othinq herein contained shall be construed to impair the easement and right of way of the District in the said ditch or canal and all uses of said ditch or canal and the said altered, modified or changed location of said ditch or canal and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 13. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this contract, then the license of the Licensee under the terms hereof may be terminated by the District, and all structures in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. 14. The Licensee acknowledges that the license herein granted is for his or its benefit, and not for the benefit of the District, and, for that reason, the Licensee agrees to pay any attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License LICENSE AGREEMENT - Page 4 s:~ssv~o ~~a Agreement. 15. The word "Licensee", if used in the neuter in this agmberenincludes d the h pluraluli?ndl thefe plural gnundber~ includesguthe nu singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee deartiesd heretoa andE onlball parties sandl all binding on each of the p persons claiming under them or either of them, and the advantages hereof shalctive succossorsbandfassigns,ach of the parties hereto and their resp- IN WITT7ESS wi1F:RFOF, the District has hereunto caused its corporate nam^ to be pub^crit~ed by its officers first hereunto du;y authorized by resolution of its F3oard of Directors and the Licensee has hereunto subscribed his name, or if a corporation, has hereuntc- caused its corporate name to be subscribed and its seal to be affir.ej Doard of f Directors, t alle asunof theydayt andizyda byh~~e °n u f irsto above written. NAMPA & MERIDIAN IRRIGATION DISTRICT J~ y Its President ~~ • ATTEST: " --; Its Secretary ,~. ' ~ CHATEAU MEADOWS EAST HOMEOWNERS ASSOCIAT , INC. B AT'i EST: LICENSE AGREEMENT - Page 5 13880r01~9 STATE OF IDAHO ) ss. County of Canyon ) On this 3rd day of M:+rch 1992, before me, the and^rsigned, a Notary Public in and for said State, personally known to me to appeared Henry Wci_ck and ~az~~,_Coo~ be the President and Secretary, respectively, of NAMPA & MERIDIAtI IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN official written. WITNF,SS W}iEREOF, seal, the day •`~ h N • M o '•,, ~?=oT~Ry`.~ =, ' ;* • ~.. - *; G; ~s ~' U B >rt .• ~O I DA}10~~'r'~OQ~~,,,,',' ss: Ada ) STATE OF County of I have hereunto set my hand and affixed m}• and year in this certificate first above _ ~%(/GC~ t otary Public for Icl ho Residing at iXYJ(r,Y~(,XXXAIX,IKX Caldwell, Idaho My Commission Expires• 11/0~/~J4_ On this ~_ day of ~~rn_~, 1992, before me, the undersigned a Notary Public i and or said State, personally PP ~~~~~ and Pte, known to me to a eared ~ ~ n Q ~ - respectively, of be the .Q~r,,p~„1~rn~ and __ CHATEAU MEADOWS EAST HOMEOWNERS ASSOCIATION, INC., the corporation that executed the foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS W}}EREOF, official seal, the day wri'aen. ' „~ ~`-;`~J .~ I have hereunto set my hand and affixed my and year in this certificate first above ~ ~ ~ N tary Pub is r Ida Residi g at Boise, Idaho~c~~Q(p My Commission Expires: ~~~"__" LICENSE AGREEMENT - Paqe 6 135800 ;6 EXNI$I_~~ Purp_oe of~ic_•~~s The purpose of this License Agreement in to permit Licensee to enclose approximately 1320' of Stokesberry Lateral in a 21" plastic pipe and relocate Stoke berry Lateral. within its existing right of way near Chateau Meadows East subdivision located approximately one- quarter mile north of the intersection of Fairview Avenue and ~ncust Grove Road, Ada County, Id,ho. F:XIfI[3I~ Q Sp~c.i a_1_Concl_i_tj 4Ps 1. Construction shall be in accordance with certain plan, entitled "Site Improvement Plans", Sheet No. 6 of 7, prepared by Collins Engineering Company, Inc. with engineer's stamp dated Jul}• 10, 1991. These plans have been delivered to the District's water ^uperintendent, are in his possession in his offices, and are hereby incorporated by this reference. 2. Licensee shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve construction. If the District's engineers perform such inspection, Licensee shall pay the District's engineers any fee charged in connection therewith. 3. Licensee sEtall pl$tme . ~ .~tructurea of any kind above ground on 4~;c gt'~tcL's eauenrer~t area except as referred to in this agreement or exhibits thereto without the prior written consent of the fistrict. The District's easement along this section of Sto7ce berry Lateral fs 40 feet, 20 feet to each side of centerline. 4. Construction shall be completed not later than March 15, 1992. LICENSE AGREEMENT - Page 7 .~ r, ~l~S~Uh~~~ri~ 1~i ~~~' ~ ~ , ~ol~~n[~ F.XHIf3IT A engineering ~ompany, Inc. 13880'':0 X00 1365 N. Orchard, Sulte 305 Boise, Idaho 83706 (2081 377.9001 LEGAL DESCRIPTION FOR Preliminary Plat of.CHATi:AU MEADOWS EAST Subdivison The South half of the Southwest Quarter of the North~..r.~t Quarter, the Southwest Quarter of the Southeast Quarter of the Northwest Quarter; Zed the North 28 acres of the Northwest Quarter. of the Southwest Quarter; all in the Section 5, T. 3 N., R. 1 E., Boi^e P'~riJian, Ada County, Idaho, More particularly de.^,cribed as follaas: Comrr_ncing at the West Quarto Cornor of Section 5, T. 3 N., R. 1 F,., II. N.., Ada County, Idaho, said point being the POI`>Z' OF IIEGIb1UING: thence N. 0°24' 25" E. 169.00 feet to a point, thence N. 88°05' 24" E. 255.18 feet to a point, thence N. 2°08' 33" W. 189.22 feet to a point, thence S. 89°46' OS" w. 84.57 feet to a point, L.~"~i=~'1•~ thence N. thence N. 0°24' 89°35' 28" E. SO" W. 127.96 feet to a point, 161.99 feet to a point, ~~~'' qIS! " ~. thence N. 0°24' 25" E. 170.00 feet to a point, ~ ~~ ~ O ' `~~ ~~~ thence S. 69'35' S0" E. 1982.67 feet to a point, 0 M thence S. 0°26' 42" W. 663.55 feet to a point, thence N. 89°38' S8" w. 655.74 feet to a point, thence S. 0°26' 48" w. 912.61 feet to a point, thence S. 89°SO' 22" W. 1326.48 feet to a point, thence N. 0°26' 30" E. 924.44 feet to the POINT OF BEGINNING: containing 56.62 acres, more or less. 0 r ~~ M1rCQAUlKS HrDROiocr NlGrnvArs CIVIL ENGINEERING IANO DEVElOCMENT SURVEYING otaNNINC ,I n Y ti _ ~l JAI; •f mil • • 1 • ~•/ w • a ;5 7E. SVJIC~I[N~( .. ~ PROPOSED ~ ~~ [ant[ ~ ~ w7 ze w7. ro v s. so ,11 ~-,Yk :. ~. Merldian~ • IeN neon 12•'. 4Lci /. ~_~rAOO' : :. ~ 1 1 Y..1.1i~~ ~. _ ; SCALE 0:24000 1 ~•»• .II(, __ i Mll[ 1000 0 1000 }000 X000 ~ppp .~ ~-- 6000 )000 rL[1 1_ ! 0 _ -z 1 M.:OM[I(II CONTOUR INTERVAL 20 FEET DOTTED LINES REPRESENT S~FOOi CONTOURS DATUM IS MEAN SEA LEvEI F.XHIRIT ~ 13&80~'0•'_`C1 BI.ASER / STOCKER ANNEXATION REQUEST VICINITY MAP • Z :. ... ~ .~. 7` ~ o 0 _O IG~O S C K it I ... .. .. ... I....I.., V~.L 71 .~• ~ ........ ~']1 ~ •NOVItrSC~ .LAIC/.AL ~. `., ~ _ _~ '~ ,e~ l r)r FIf,IA L:i JACK talIEMAN N, G~ly Glerk JANICE GA55. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTO N, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, City Engineer \ . .... wl I.1.•ic r.. I..t~c CITY OF MERIDIAN °.~~:;~;:;.~~r~.;~,. HUtlLN1 (:IL'v LLH 33 EAST IDAHO ROBER70'CORRIE MERIDIAN, IDAHO 83642 Chairman Zoning & Planning Phone (208) 888-4433 JIM JOHNSON FAX (208) 887-4813 GRANT P. KINGSFORD Mayor Apr i 1 3, 1992 MEMORANDUM T0: MAYOR, COUNCIL RE: CHATEAU MEADOWS EAST N0. 7 SUBD. FINAL PLAT I FROM: GARY SMIT I have reviewed this final plat submittal and submit the following comments for your consideration as conditions of plat approval. A. Plat Front• Vf;l. y„~ 1. Street widths need to be shown. ,~,°J~ 2. Street names need to be shown. ~~ 3 Two subdivision tie distances to recognized land ~ ~'%~ . corners need to be shown. 4. The initial point, or point of beginning for the ~ boundary needs to be shown. ,~ ' ~ S The easement across Block 5 and Block 9 for the Nampa- v ~ . Meridian Irrigation ditch (Stokesberry Lateral) needs to be shown. v'~;~ 6. The lot numbers of Block 7 need to be changed to 8-9-10 to conform with the sequence started in Subdivision No. 6. ~- 7. The lot numbering in Block 8 and 9 needs to be resolved with County Engineer. vf.;~~ '-' 8. Line No. 27 + line No. 28 does not equal line No. 12 and they should. ~;;e. .--- 9. Show that Kearney Place Subd. exists as a platted area ~,. below Lots 7-11, Block 9. 1Q1. Show northerly lot line distance for Lot 29 and 41, ~,~~ Block 9. ~r;.:_ 11 Line No. 3, shown at the south end of what should be r,, „ . shown as N. Sequoia Ave. , should be Line No. 5. HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAI~T R A JANICE GASS, Treasurer ROBERTGIESLER BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE JOHN SHAWCROFT, Waste water Supt. MERIDIAN, IDAHO 83642 Chairman Zoning & Planning KENNY BOWERS, Fire Chief BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor Mr. Lean Blazer Interwest Development 3350 Americana Terrace Boise, Id. 83706 July 6, 1993 Dear Mr. Blazer: I have reviewed a packet of information-:from Mr. Greg Warner regarding tiling the ditch adjacent-ta Ch<-t~au Meadows East No. 8 5ubdivisian. It appears t.a me that the pr~limir}a.ry plat for this subdivision was approved by 'thy %ity of M~ridi~n when the City's current "piping cif ditches' policy wds ire affect. This means that your subdivision project is' sub;~i=pct to Zone<~ Ordinance # 9-- 605 M which stipulates .hat de~,~~lop~rs must the ditches, laterals or canal. In 'order ~c> cdrnply.witfi this ordinance, please commence caYlstruction of this project as soon as the water is out of the feeder canal. If you have any questions, please give me a call at 888-4438, Respectfully, City of Meridian W ~~ c. WayneC~S . Torrey , AICp planning Director