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HomeMy WebLinkAboutDixie Lane AZ .HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Cterk MAX YERRINGTON i S y CITY OF MERIDIAN ROBERT D. CORRIE neer GARY D. SM TH P.E City Eng WALT W. MORROW BRUCE D. STUART, Water Works Supt. S t FT W W 33 EAST IDAHO SHARI STILES ater up . , aste JOHN T. SHAWCRO KENNY W. BOWERS, Fire chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON a WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 ~ FAX (208) 887813 Chairman ~ Planning & zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7. 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Annexation and Zoning of Dixie Lane BY: D.W., Inc. LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision. South of Kearney Place Subdivision, North of Dove Meadows Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 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.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: 3 ~': ~ i 1 APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Wingate Annexation (PROPOSED NAME OF SUBDIVISION) East of Mirage Meadows Subd., South of Kearney Place Subd., North of (GENERAL LOCATION ) Proposed Dove Meadows Subd. NW 1/4 SW 1/4 and S 1/2 NE 1/4 SW 1/4, Section 5, T.3N., R.1E., B.M. (LEGAL DESCRIPTION - ATTACH I F LENGTHY ) Ada County, Idaho (see attached legal description) A rt E. Monroe and Maxine D. Monroe Norman R. Barker and Donna D. Barker 331-6348 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) Gordon R. Wood and Margaret M. Wood. Dan Wood (ADDRESS} 331-6348 wk D W , Inc c/o Dan Wood 888-29~Fi hm (APPLICANT) (NAME) (TELEPHONE N0.) 2119 E. Chateau, Meridian, ID 83642 (ADDRESS) Gary A. Lee, P.E./L.S. - J-U-B ENGINEERS, Inc. 376-7330 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 (ADDRESS City of Meridian, Idaho (JURISDICTION(S} REQUIRING APPROVAL) Residential _ (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 0.40 acres total annexation ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) r, N. LOCUST GROVE RC U C W o O ~ `' • r 1 T ,1 ~ D > > ~- ' / \ o `~ ~ N ~, ~ >. ~ ~ 7 ~ C (.Jl ~ Z ~ ~_ ~ D a ~ o z •~1~~~~~~~~• ~~_ V ^\ j _ i ~~~ ~ ~ ~~~Cp s ~ ,~ .a - ~ - A ~ N °; , L_ U 1 / \~ , / / y ~~- ~~ ~ n i - ~-~~._.!~ T J • ~ n f ~_ ~~~- -- _ s ~__~ ,~ -- J 1 I n ---_- ~ ~. 7 D , n~ ---C ~7 1~ v I' ~ ---~ ~ ~I C~ i ~ - ', 4- •T~ ~ _ i ~i ~ _ 4 ~~` ~ I ~ \` ~ v ~~ ~~_ J' ~ J. r ~ / /'~ ° ~~~ /~s..~ ~ C1 „ . _,, J • - ate. 1 '~ ,~` __ _ _ , ~ - -- ` _ - .. ~ - ~ ~._ ~_ _ - -~-~ _ , - ~ ~ .+ -. -~~ ,. .. L . ~_ ~-~ _ , -. ~- i' ~ ~ (~ 6 ~~ _' _.~ - ro ~.~ ~~~ ~ ~_ .c. ,C;a - -~ - ,~ F T n J ~ D i ~ ~ _ ~ _ ~ ~. _ ~ ~ Z _~ ~ ~ - _ ~. , n , ___ ~ ~~ ,' ~ .~ ~ ` __-_ D --`- - D T A ~/ ~ ~ z m ~ ~, - n. ~ D - __ _ ~~ ° - O ._Q ~ _ ~ D y ~ ~ f/~ D _-II- (~Y i Z - -` Z Z . ~ ~ ~ i 1= D m ~ ~ __ --~ ,~ m -~ - _. 1 C7 - ~± - ~ ~ ,_ ~~~ r T s ~~~ rl ~,_'~ _ ~' W E I ~ -- -_~/ .` ._ ~~ ~~~ ~ ~, - - - .., i '~~ ~~~~ FREDRIC V. SHOEMAKER ~ ' COSHO, HUMPHREY, GREENER SY WEL F~ Attorneys at Law _ ~~ ~ 815 West Washington Street_ Carnegie Library Building "- Boise, Idaho 83702 Telephone: (208) 344-7811 Attorneys for Plaintiffs N0. C O !> >- Mt . ' ) APR j~ ~4 -~' ~(~~~ J. DAyfp ~~ ~~~o .. ~~~. y ~ ~ WARS 4~ ~~~ .r:.h~ti~: :c.~~: IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA GORDON R. WOOD and MARGARET M. } WOOD, husband and wife, DAN ) WOOD, an individual, NORMAN R. ) BARKER and DONNA D. BARKER, } husband and wife, and ALBERT E.) MONROE and MARINE M. MONROE, ) husband and wife, ) Plaintiffs, ) vs. ) PH~YLLIS R. AKERSTROM, an ) individual, RICHARD T. ) AKERSTROM, an individual, ) IDAHO POWER COMPANY, ) an Idaho corporation, ) and JOHN DOES 1-4, being the ) unknown heirs of John Post ) and Florilla E. Post, ) Defendants. ) Case No. 97221 FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT THIS MATTER having come regularly before the Court on this (~ day of April, 1994, upon application of the Plaintiffs and FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 1. F'VS/slr/05/O4/9~;6JoodFindings)(6928-021 Plaintiffs' counsel, and based upon the verified Complaint, the Affidavit of Fredric V. Shoemaker, Affidavit of Chuck Smith, the Affidavit of Publication and proof of service, the Court FINDS, CONCLUDES, ORDERS AND ADJUDGES as follows: I. Plaintiffs in this action are Gordon R. Wood and Margaret M. Wood, husband and wife, Dan Wood, an individual, Norman R. Barker and Donna D. Barker, husband and wife, and Albert E. Monroe and Maxine M. Monroe, husband and wife, sometimes hereinafter referred to as "Plaintiffs". Defendants are Phyllis R. Akerstrom, an individual, and Richard T. Akerstrom, an individual, sometimes collectively referred to herein as "Akerstroms", Idaho Power Company, an Idaho corporation, and the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased. II. • On November 3, 1993, a verified Complaint to Quiet Title was filed by Plaintiffs against the Akerstroms, Idaho Power Company, and the unknown heirs of John Post and Florilla E. Post, both deceased, for the purposes of quieting title to certain lands and rights thereto for certain property located in Ada County, Idaho, commonly known as a portion of "North Dixie Lane", together with certain property immediately abutting a portion of North Dixie Lane to the west. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 2. PVS/slr/04/04 /?4(wood~indings)(6928-02) III. Although not a party to this action, the Ada County Highway District, a political subdivision of the State of Idaho has, through the Affidavit filed by Chuck Smith, its Senior Right-of- Way Agent, dated October 5, 1993, confirmed the status of North Dixie Lane as a private roadway, which Affidavit also expresses that the Ada County Highway District has no interest or claim to any portion of North Dixie Lane. IV. From the files in this matter, it appears that Defendant Richard T. Akerstrom was served with a Summons and Complaint on November 4, 1993 and Phyllis R. Akerstrom was served with a Summons and Complaint on November 10, 1993. Defendant Idaho Power Company was served, pursuant to an Acceptance of Service dated November 8, 1993. V. The Defendants Akerstroms, their attorney, Plaintiffs, and their attorney, have entered into and have filed with this Court a Stipulation regarding Richard T. Akerstrom and Phyllis R. Akerstrom parcel dated February 28, 1994, which the Court has reviewed and which sets forth the respective rights and responsibilities of the Plaintiffs and the Akerstroms with respect to North Dixie Lane and the property abutting North Dixie Lane to the west. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 3. FVS/slr/04/04;44(WOCdEindings)(6928-02) VI. Based upon the Affidavit of counsel and the verified Complaint, this Court signed an Order for Service by Publication dated February 4, 1994, authorizing service by publication upon the heirs of John Post and Florilla E. Post, husband and wife, now deceased, and it appearing from the files and records in this proceeding that said heirs were duly and lawfully served by publication in the Idaho Statesman for four (4) consecutive weeks beginning with February 12, 1994 and ending on March 5, 1994, and no answer or other responsive pleading has been presented to or filed with this Court, the relief sought in Plaintiffs' Complaint as against these Defendants should be granted. VII. Plaintiffs Gordon R. Wood and Margaret M. Wood, husband and wife, and Dan Wood (collectively "Woods"), are residents of the County of Ada and own the real property described in Exhibit "A" hereto (the "Wood Parcel"). VIII. Plaintiffs Norman R. Barker and Donna D. Barker, husband and wife ('Barkers"), own the real property described in Exhibit "B" hereto (the "Barker Parcel"). IX. Plaintiffs Albert E. Monroe and Maxine M. Monroe, husband and wife ("Barkers"), own the real property described in Exhibit "C" hereto (the "Monroe Parcel"). FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 4. X. Defendants Akerstroms are residents of the County of Ada and own the real property described in Exhibit "D" hereto, hereinafter referred to as the "Akerstrom Parcel". XI. The Plaintiffs claim no interest and have no interest to or in the Akerstrom Parcel. XII. North Dixie Lane is located in the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, and is legally described as follows: A strip of land 20 feet wide, being the West 20 feet of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. A portion of North Dixie Lane abuts the Akerstrom Parcel immediately to the west and is legally described as follows: Commencing at the Southwest corner of the Northeast 1/4, Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145 feet; thence East 20 feet; thence South 145 feet; thence West 20 feet to the POINT OF BEGINNING. This portion of North Dixie Lane is referred to in the Stipulation and shall be referred to herein as the Akerstrom Access. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 5. ws/slr!04/0~~94rwo~dFindinasl(6928-021 XIII. Plaintiffs own in fee simple and are entitled to the quiet and peaceful possession of North Dixie Lane by virtue of a Deed dated March 17, 1908, recorded March 18, 1908, as Instrument No. 19088, recorded in Volume 70, at page 158, records of Ada County, Idaho, and the Stipulation dated February 28, 1993, subject however to the following: (a) A permanent and perpetual easement hereby granted unto the Akerstroms, their successors and assigns, for the quiet, peaceful and non-exclusive use of the Akerstrom Access for purposes of pedestrian and vehicular access to the Akerstrom Parcel, as same may be necessary and reasonable to provide access to a public right-of-way through other lands not owned by any party to this litigation, but which the Court having taken judicial notice, constitutes an extension of Dixie Lane to the south, which runs generally in a southerly direction, having as its northerly terminus the southerly terminus of North Dixie Lane and as its southerly terminus the Fairivew Avenue public right- of-way. Said lands, referred to herein as South Dixie Lane and the ownership thereof, was not the subject matter of Plaintiffs' Complaint and is not the subject matter of this Judgment; and (b) The rights of Idaho Power Company as the grantee and beneficiary by reason of an easement recorded for its benefit as Instrument No. 168008 on February 17, 1936, and an easement recorded as Instrument No. 156390, recorded on March 29, 1934, FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 6. under authority of which Defendant Idaho Power Company has installed poles, lines and other electrical apparatus pursuant to those easements and to which easements and rights thereunder Plaintiffs and Akerstroms are subject and subordinate to. XIV. Plaintiffs shall not interfere with Akerstroms, their successors or assigns, in respect to their peaceful and quiet use of the Akerstrom Parcel and the Akerstrom Access for purposes of providing pedestrian and vehicular access to the Akerstrom Parcel for residential purposes. XV. John Post and Florilla E. Post, husband and wife, now deceased, were the last persons having an express recorded grantee's interest in the following described real property, sometimes referred to herein as the "Ten Foot Strip", which immediately abuts and adjoins North Dixie Lane and the Akerstrom Access to the west: A strip of land ten feet wide, being the East ten feet of the South Quarter of the Northwest Quarter of the Southwest Quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. XVI. Based upon the Stipulation and the verified Complaint, Plaintiffs are the owners in fee simple and are entitled to the quiet and peaceful possession of the Ten Foot Strip by reason of their succession to the interest of Plaintiffs Woods, together FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 7. F'2;!s L';09/04/941wocdFi -:dings)(6929-02) with Woods' predecessors-in-interest, who have had the exclusive, complete, actual, open notorious, hostile and continuous possession of the Ten Foot Strip adverse to the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased, and all other parties and persons for the requisite statutory period, to wit: five (5) years. XVII. Plaintiffs are entitled to judgment against Defendants, Idaho Power Company, Akerstroms, and the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased, subject to those Defendants' respective rights and easements as set forth hereinabove, and each party shall bear their respective costs and attorneys fees, except that the cost of recording this Judgment shall be borne by Plaintiffs. XVIII. The foregoing constitutes this Court's Findings of Fact, Conclusions of Law, and Judgment quieting title. IT IS SO ORDERED, ADJIIDGED AND DECREED. DATED this .~ day of April, 19'94. a• o. cAa~r Honorable George D. Carey '-•~` ~, ;; : ~ ~ ' ; 8,7ATE of -OA-~D `` . oo~~rtv aF ~o~- . ~~ awca nE a~l~*o~tarwsAw*+~~ i. a o~ who, a rot rc wr . ` , -- +r ~ ,ps11MT ~ THE STATE of NbMQ r Mo /011Mi T ~ a 1E wNu -.. ,~ cc+t~r 1-aT n+E t~oowa ~ ~ i~.A11iC01tl'E~ • ~^ ,~ -0111~[N'IMIEOFrIGE. TO ~T IIV AMA V . ~ - NI NIITI~iM MMIES7EOF, ~ HAVE H ,19 • ppgClAl~1. !~ t.0.: OF ~,a .. J RRO. CLE111( ~, ` ?UTY 8Y FINDINGS OF FACT, CONCLUSIONS~OF LAW AND JUDGMENT, Pa e 8. ~~ A parcel of land being a portion of the N 1/2 of the NE 1/4 SW 1/4 of Section 5, T.3N., R.lE., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of the SW 1/4 of said Section 5; thence South 89°38'58" East 1326.59 feet along the Northerly boundary of said SW 1/4 to an iron pipe marking the Northwest corner of the NE 1/4 SW 1/4 of said Section 5; thence South 00°26'55" West 403.74 feet along the Westerly boundary of said NE 1/4 SW 1/4 tc an iron pin, said point being the REAL POINT OF BEGINNING; thence continuing South 0°26'55" West 254.51 feet along the Westerly boundary of said NE 1/4 SW 1/4 to an iron pin, making the SW corner NW 1/4 NE 1/4 SW 1/4 of said Section S; thence South 89°44'00" East 270.00 feet along the Southerly boundary of said N 1/2 NE 1/4 SW 1/4 Section 5 to an iron pin; thence leaving said Southerly boundary North 0°26'55" East 253.65 feet along the Westerly boundary of proposed Kearney Place Subdivision to an iron pin; thence North 89°33'05" West 270.00 feet along the Southerly boundary of said proposed Kearney Place Subdivision to the point of beginning, comprising of 1.57 acres more or less. EXHIBIT .r M :i ^ ,/_~1 .-•. ~ THE SOUTH ONE HALF OF THE NOI2TtIEAST QUAR'f1;I2 OF TIIE SOUTHWEST QUARTER, OF SECTION 5, TOWNSHIP 3 NURT11, RANGE 1 EAST, B.M., ADA COUNTY, STATE OF IDAHO. ' EXCEPT THEREFROM: THE SOUTH 145 FEL•''f OF TIIE WEST' 30U FEET; ..~ ALSO EXCEPT THEREFROM: THE WEST ?U E'EE'f. ALSO EXCEPT THEREFROM: PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, f3UISE:-MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS E'OLLUWS: COMMENCING AT THE S 1/4 CORNER UL' SE:C'L'ION 5, 'fUWNS1iII~ 3 NORTII, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY; '1'fiENc.E NORTH 26' S0" EAST, ALONG THE CL•'N1'L•'li SI:C'1lUN I~1Nl•: L1l07 .OtI FEET TU 11 STEEL PIN, TEIE REAL POINT t)l~ BL•'GINNIN(;; '1'1iCNCE NORTH 26' S0" EAST, 1G5. UO FEET; 1'IiE:NCL•` NORTH 89 OEGREES 42' lU" WEST, 13UG. 4? ['[:I~'1'; 1'Ill?NCE SOUTH 26' 30" WEST, 165.00 CE(:'1'; '1'lll•:NCI SOUTH 89 DEGREES 42' 10" EAST, 1311(, . 4l L'1:1:'1' `1'C~ TIIE 12rAL POINT OF BEGINNING. •~ EXHIBIT Part of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the S i/4 corner of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County; thence North 26'50" East, along the center section line 1807.08 feet to a steel pin, the real point of beginning; thence North 26'50" East, 165.00 feet; thence North 89° 42'10" West, 1306.42 feet; thence South 26'30" West, 165.00 feet; thence South 89° 42' 10" East, 1306.41 feet to the real point of beginning. Excluding therefrom the following described real proper- ty, to-wit: A parcel of land being a portion of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at'a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89° 38'58" East 1326.59 feet to the North- west corner of said NE 1/4 of `the SE 1/4; Thence along the Westerly boundary of said NE 1/4 SW 1/4 South 0°26'55" West 658.25 feet to the Northwest corner of said S 1/2 NE 1/4 SW 1/4; Thence along the Northerly boundary of said S 1/2 NE 1/4 SW 1/4 South 89°44'00" East 20.00 feet to the real point of beginning; _ ' Thence continuing along said Northerly boundary of the S 1/2 NE 1/4 SW 1/4 South 89°44'00" East 66.54 feet; `hence leaving said Northerly boundary of said S 1/2 NE 1/4 SW 1/4 South 24 ° 18' 17" East 115.14 feet to a point of curve; Thence along a curve to the left 65.36 feet, said curve having an interior angle of 72°01'07", a radius of 52-. 00 feet and a long chord bearing of South 29°41'10" West (~ 61.14 feet; EXHIBIT ~ C Thence North 89°32'40" West 84.88 feet to a point lying 20.00 feet Easterly of the Westerly boundary of said S 1/2 NE 1/4 SW 1/4; Thence parallel to and 20.00 feet Easterly from said Westerly boundary of said S 1/2 NE 1/4 SW 1/4 North 0°26'55" East 157.69 feet to the point of beginning of the above described parcel, comprising~0.33 acres, more or less. Subject to all existing easements and rights-of-way of record or appearing on the above described parcel of land. EXHIBIT "D" A portion of the Northeast Quarter of the Southwest Quarter, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW corner of the NE 1/4, SW 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145.00 feet; thence East 300.00 feet; thence South 145.00 feet; thence West 300.00 feet to the POINT OF BEGINNING; except, however, the West 20.00 feet. ~- Engineers Surveyors Planners WINGATE ANNEXATION NARRATIVE Date: February 15, 1995 Prepared By: Gary A. Lee, P.E./L.S. J-U-B ENGINEERS, Inc. Boise, Idaho Owners: Albert E. and Maxine M. Monroe Norman R. and Donna D. Barker Gordon R. and Margaret M. Wood Dan Wood Developer: D.W., Inc. Dan Wood, President I. DEVELOPMENT LOCATION The Monroe/Barker/Wood property is located in a portion of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, B.M., Ada County, Idaho. The site is also known as Dixie Lane. More particularly, the project lies east of Mirage Meadows Subdivision, south of Kearney Place Subdivision and north of the proposed Dove Meadows Subdivision (Dave Leader Property). II. SITE DESCRIPTION Currently, the site is comprised of approximately 0.40 acres of private road. The land is generally flat with small irrigation ditches adjacent to it. At this time, the property is adjacent to the City of Meridian corporate limits on all sides. The present zoning of the site is RT within Ada County. III. PROPOSED DEVELOPMENT The developer plans to request a re-zone of the property to residential R-8. This 0.40 acres will be combined with the presently approved Wingate Park Subdivision. The adjacent lots in this subdivision will be altered slightly to include the additional 20 to 30 feet of what is now Dixie Lane. ~~-u-B~ Engineers Surveyors Planners Wingate Annexation Narrative February 15, 1995 Page 2 This development and zoning (R-8) are desirable at this location. The property is situated next to R-8 zoning to the north, west and east. In addition, R-8 zoning is planned for the proposed Dove Meadows Subdivision to the south. There are other residential developments in the area that make an R-8 zone desirable. In addition, the annexation will eliminate an existing enclave. This zoning request and annexation will comply with the Meridian Comprehensive Plan. IV. PROPOSED IMPROVEMENTS A. Sanitary Sewer System: There is an existing public sanitary sewer system on East Oakcrest Drive to the west of the site. This system is operated and maintained by the City of Meridian. This development will extend the existing sanitary sewer service into Wingate Park Subdivision. B. Domestic Water System: It is anticipated that domestic water and fire flows will be supplied by the City of Meridian through the extension of an existing water system located on East Oakcrest Drive. The annexation of this 20 to 30-foot strip of land will allow the extension of public water from East Oakcrest Drive into Wingate Park Subdivision. 17 ~ 12 Q 11 ~ 18 CHATEAU o 28 27 C~ ~ MEADOWS ~ 26 g 10 N EAST N0. 2 Z E. MEADOW WOOD ST. 21 I 22 22 25 w so N 23 O 24 z 89' S0' 22" E 10.00' N ~ Q ~ ~ 23 24 3 > ~ d N W N Z MIRAGE Q J 21 w 25 ~ w g o 20 ~ 2s W MEADOWS Z ~o N E. OAKCREST DR. o z SUBDI ISiON 4 5 6 7 MONROE PROPERTY BARKER PROPERTY AKERSTROM PROPERTY N89' 48' 59" W LN89' 48' 59" W 10.00' 20.00' PAVE LEADER PROPERTY (FUTURE DOVE MEADOWS SUBD.) AVEST LIMITED PARTNERSHIP NF c~4 sw s/4/2 PROPERTY I mac. 5, T. 3N., R.tE., e.M. FND. 5/8" I.P. W/PLASTIC CAP, P.L.S. 4347 ® ANNEXATTION AREA 1MNGATE ANNEXATIQN MAP 18919 N. r NW CORNERS 1/2 NE 1/4 SW ./4 SEC. 5, T. 3N., R. 1 E., B.M. FND. 5/8" I.P. W/PLASTIC CAP, P.1.5. 972 s8s' aa' oo" E WOOD 20.00' PROPERTY SCALE: 1" =100' ACRD OWG. MRNANNEX l ~~-u-B~ Engineers Surveyors Planners Project: 18929 Date: February 10, 1995 DESCRIPTION FOR WINGATE ANNEXATION PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 and PART OF THE NW 1/4 OF THE SW 1/4 SECTION 5, T.3N., R.lE., B.M., ADA COUNTY, IDAHO A parcel of land being situated in a portion of the S 1/2 of the NE 1/4 of the SW 1/4 AND a portion of the NW 1/4 of the SW 1/4 of Section 5, T.3N., R.lE., B.M., Ada County, Idaho, being more particularly described as follows: Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89°38'58" East 1,326.59 feet to the Northwest corner of said NE 1/4 of the SW 1/4; thence along the Westerly boundary of said NE 1/4 of the SW 1/4 South 0°26'54" West 658.25 feet to the Northwest corner of said S 1/2 of the NE 1/4 of the SW 1/4, said point being the REAL POINT OF BEGINNING: thence along the Northerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 89°44'00" East 20.00 feet; thence along a line being parallel to and 20.00 feet Easterly from the Westerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 0°26'54" West 658.21 feet to a point on the Southerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4; thence along said Southerly boundary North 89°48'59" West 20.00 feet to the Southwest corner of said S 1/2 of the NE 1/4 of the SW 1/4; thence along the Southerly boundary of the NW 1/4 of the SW 1/4 of said Section 5, North 89°48'59" West, 10.00 feet to the Southeast corner of Mirage Meadows Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 57 of Plats at pages 5394 and 5395; thence along the Easterly boundary of said Mirage Meadows Subdivision, North 00°26'54" E, 403.92 feet to the Northeast corner of said Mirage Meadows Subdivision, said point being on the Southerly boundary line of Chateau Meadows East Subdivision No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 58 of Plats at pages 5457 and 5458; thence along the Southerly boundary of said Chateau Meadows East Subdivision No. 2, North 89°50'22" East, 10.00 feet to the Southeast corner of said Chateau Meadows East Subdivision, said point being situated on the Westerly line of said S 1/2 of the NE 1/4 of the SW 1/4; thence along the Westerly boundary line of said S 1/2 of the NE 1/4 of the SW 1/4 North 00°26'54" East, 254.26 feet to the REAL POINT OF BEGINNING, comprising 0.395 acres, more or less. . ~i-u-B, Engineers Surveyors Planners SUBJECT T0: Description for Wingate Annexation February 10, 1995 Page 2 All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENGINEERS, Inc. . v~ '192` ~0..5,~~0 TgOF1~~' cqR y A tiQ~ GAL:ls Gary A. Lee, P.E./L.S. ANNEXATION/ZONING REQUEST AFFIDAVIT I, Dan Wood, do hereby certify that I am the record owner of the land described as the "Wingate Annexation" in an application for Annexation & Zoning and a Preliminary Plat Application being submitted to the City of Meridian for consideration. I further state that I hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. I also acknowledge that I will be responsible for the payment of all costs incurred by the City in processing the Variance Application, the Annexation/Zoning Application and the Preliminary Plat Application including city engineering costs, publication costs, and attorney's costs and fees. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. rJ~ Dated this a day of ~ 6 ~-~ ~` 1995. Bv~°'"~-~~~ Dan Wood STATE OF IDAHO ) ss. County of Ada ) ON THIS ~ day of said State, personally appear. 19~, before me a notary public in and for known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires 4~~~g$ My Notary Bond Expires 19_ .~ Nota Public for Idaho Residing at ~,e ~ e~x.,t~ ,Idaho ANNEXATION/ZONING REQUEST AFFIDAVIT We, Albert E. and Maxine M. Monroe, husband and wife, do hereby certify that we are record owners of a part of the land described as the Wingate Annexation in an application for Annexation & Zoning Application being submitted to the City of Meridian for consideration. We further state that we hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, we hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. ~-~ Dated this ~ day of ~~ , , 1995. By: ~''. STATE OF IDAHO ) ss. County of Ada ) ON THIS ~ ~ day of said State, personally appeared before me a notary public in and for known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires 9/r~~9s My Notary Bond Expires 19_ Public for Idaho Residing at ~~~„ ,,,,~ ,Idaho Albert E. Monroe ANNEXATION/ZONING REQUEST AFFIDAVIT We, Norman R. and Donna D. Barker, husband and wife, do hereby certify .that we are record owners of a part of the land described as the "Wingate Annexation" in an application for Annexation & Zoning Application being submitted to the City of Meridian for consideration. We further state that we hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, we hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. Dated this By: 31st Norman R. Barker ~~~ Donna D. Barker STATE OF Ca 1 i forn i a day of January , 1995. ss. County of Amador ~ ON THIS 31 s t day of January , 19 95 ,before me a notary public in and for said State, personally appeared Norman R. Barker and Donna D. Barker known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that theme executed the same. IN WITNESS WHEREOF, I have hereunta set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bold Expires October 10, 1995 October 10, 1995 19_ Notary Pul{lic~or ~c~'~}'q' C a l i f or n i a Residing at Jackson ~ Cal i forni a •• : ~.~, OFFICIAL SEAL i "" CAROLLE FLORES ~~ , ~ Notory Publk-COUtOmlo Amador County ~ My Cornmlu(on Exphe~ ,,.•...• Oatobar 10.1995 ANNEXATION/ZONING REQUEST AFFIDAVIT We, Gordon R. and Margaret M. Wood, husband and wife, do hereby certify that we are the record owners of the land described as the "Wingate Annexation" in an application for Annexation & Zoning and a Preliminary Plat Application being submitted to .the City of Meridian for consideration. We further state that we hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. We also acknowledge that we will be responsible for the payment of all costs incurred by the City in processing the Variance Application, the Annexation/Zoning Application and the Preliminary Plat Application including city engineering costs, publication costs, and attorney's costs and fees. In addition, we hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. 5~ da of cCcr 1995. Dated this y By. ~~~-- Gordon R. Wood et, .Wood STATE OF ) ss. County of ) ON THIS day of , 19 ,before me a notary public in and for said State, personally appeared Gordon R Wood and Margaret M Wood known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that _ thev executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bond Expires 19 . ~0.' l TOJ'tn ~ G~ / I' I ~ ~i7r ~oS C~ Y l C~1l~.Ow `~CxLi~bt~t ~rL~ ~t~ ClC I~t~(~ ~ Notary Public for Residing at , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5`a07 a ~ Pr to 0. State of ~ 2,1 ' -~ ~ County of ~ ; ,~ -ems ~ ; ~~ -e_._ On ~ph~..n.~., I I RRS before me, ~+ .~..~0 11~. ark o~. Noft~~ ~~ 611'x. , ATE NAME, TITLE OF OFFICE - E.G., "JANE DO ,NOTARY PUBLIC" personally appeared 1TO ,~ d ~ >^ K LA-~ ~ ~~I ~v` d UV (eL,rGa~r_PT Uy 1 . L~U o od , NAME(S) OF SIG1J R(S) ^ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose names is are subscribed to the within instrument and ac- Bruce w. Jackson ~ _ 'o _~, NOTARY FD~LIC - CAL!i=ORNIA ~ RIV'cRuIDE COUNTY ,voa`+` h1y Comm. Expires Oct. 20. 1995 knowledged to me that he/sh ey.executed the same in his/her/ ei authorizes capacity ies and that by his/her their) signatures on the instrument the perso s or the entity upon behalf of which the persor~s acted, executed the instrument. WITNESS my hand and official seal. SIGNAT OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT TRUSTEE(S) GUARD IAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT Annex t~n~~Z >n~ ~ ~eauBs~ /-~ ~~1`~tav~ f" TITLE OR T ~ E OF OCUMENT 0~~ NUMBER OF PAGES ~e ~ u a tr v ~ I ~I' 9 S DATE F DO UMENT ~~o N ~~ SIGNER(S) OTHER THAN NAMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 s ~JUJ J-U-B ENGINEERS, Inc. ENGINEERS•SURVEYORS•PLANNERS 250 S. Beechwood Avenue, Suite 201 Boise, ID 83709-0944 208/376-7330 FAX: 208/323-9336 February 15, 1995 Mr. Will Berg City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: WINGATE ANNEXATION/ZONING D.W., Inc. - Monroe/Barker/Wood - Applicant Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for an annexation/zoning application. As stipulated by said ordinance, please find enclosed the following: 1. A copy of a quiet title judgment, Instrument #9403348, showing title of the property vested in Monroe's, Barker's, and Wood's. 2. A notarized request for the annexation and zoning amendment from the titled owners (Monroe's, Barker's and Wood's) . 3. A written legal description of the subject property describing the total parcel of land to be annexed, showing how the parcel relates to adjacent properties. 4. One copy of an annexation map at a scale of 1" = 100' of the property to be annexed, showing how the parcel relates to adjacent properties. 5. 30 copies of the Application for Annexation and Zoning to an R-8 zone. 6. 30 copies of a Vicinity Map, 8-1/2" x 11", at a scale of 1" = 300'. i• +.«~ r~-u~ Engineers Surveyors Planners rtr. will serg February 10, 1995 Page 2 7. A List of Property Owners within 300 feet of the property. 8. A check in the amount of $476.06 from D.W., Inc., for the annexation application fee of $415.00 ($400 + $15/acre 1 acre); and mailing fees of $61.06 ($1.42 * 43 owners). 9. A written narrative prepared by Gary A. Lee, P.E./L.S. of J-U-B ENGINEERS, Inc., describing the annexation request and the proposed development. Please review the enclosed information and schedule a public hearing for the next available Planning and Zoning Meeting. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~~ ~~ G~ Gary A. Lee, P.E. L.S. Project Manager GAL:ls Enclosures cc: Dan Wood, D.W., Inc. Project No. 18929 f:\users\projects\18929\corresp\cityl.doc ~B~ ~ o FREDRIC V. SHOEMAKER ' COSHO, HUMPHREY, GREENER ~ WELaSI~OD Attorneys at Law ~ yy~ 815 West Washington Street. Carnegie Library Building~"- Boise, Idaho 83702 Telephone: (208) 344-7811 Attorneys for Plaintiffs ~~m~~ +~0. Cp°Y Ml APR 1~.~ J. Dgyfp I+NV ay ~ ~~ Gent ~~~ , IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA GORDON R. WOOD and MARGARET M. ) WOOD, husband and wife, DAN ) WOOD, an individual, NORMAN R. ) BARKER and DONNA D. BARKER, ) husband and wife, and ALBERT E.) MONROE and MAXINE M. MONROE, ) husband and wife, ) Plaintiffs, ) vs. ) PHYLLIS R. AKERSTROM, an ) individual, RICHARD T. ) AKERSTROM, an individual, ) IDAHO POWER COMPANY, ) an Idaho corporation, ) and JOHN DOES 1-4, being the ) unknown heirs of John Post ) and Florilla E. Post, ) Defendants. ) 1 Case No. 97221 FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT THIS MATTER having come regularly before the Court on this ~~ day of April, 1994, upon application of the Plaintiffs and FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 1. FVSislr!0,/O6 /9.(wood Findings)(6928-02> Plaintiffs' counsel, and based upon the verified Complaint, the Affidavit of Fredric V. Shoemaker, Affidavit of Chuck Smith, the Affidavit of Publication and proof of service, the Court FINDS, CONCLIIDES, ORDERS AND ADJIIDGES as follows: i. Plaintiffs in this action are Gordon R. Wood and Margaret M. Wood, husband and wife, Dan Wood, an individual, Norman R. Barker and Donna D. Barker, husband and wife, and Albert E. Monroe and Maxine M. Monroe, husband and wife, sometimes hereinafter referred to as "Plaintiffs". Defendants are Phyllis R. Akerstrom, an individual, and Richard T. Akerstrom, an individual, sometimes collectively referred to herein as "Akerstroms", Idaho Power Company, an Idaho corporation, and the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased. II. • On November 3, 1993, a verified Complaint to Quiet Title was filed by Plaintiffs against the Akerstroms, Idaho Power Company, and the unknown heirs of John Post and Florilla E. Post, both deceased, for the purposes of quieting title to certain lands and rights thereto for certain property located in Ada County, Idaho, commonly known as a portion of "North Dixie Lane", together with certain property immediately abutting a portion of North Dixie Lane to the west. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 2. FVS/slr/09/04/941WOOdFindings)(6928-02) III. Although not a party to this action, the Ada County Highway District, a political subdivision of the State of Idaho has, through the Affidavit filed by Chuck Smith, its Senior Right-of- Way Agent, dated October 5, 1993, confirmed the status of North Dixie Lane as a private roadway, which Affidavit also expresses that the Ada County Highway District has no interest or claim to any portion of North Dixie Lane. IV. From the files in this matter, it appears that Defendant Richard T. Akerstrom was served with a Summons and Complaint on November 4, 1993 and Phyllis R. Akerstrom was served with a Summons and Complaint on November 10, 1993. Defendant Idaho Power Company was served, pursuant to an Acceptance of Service dated November 8, 1993. V. The Defendants Akerstroms, their attorney, Plaintiffs, and their attorney, have entered into and have filed with this Court a Stipulation regarding Richard T. Akerstrom and Phyllis R. Akerstrom parcel dated February 28, 1994, which the Court has reviewed and which sets .forth the respective rights and responsibilities of the Plaintiffs and the Akerstroms with respect to North Dixie Lane and the property abutting North Dixie Lane to the west. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 3. FVS/slr/04/04;94(WOCdPindinys)(6928-02) VI. Based upon the Affidavit of counsel and the verified Complaint, this Court signed an Order for Service by Publication dated February 4, 1994, authorizing service by publication upon the heirs of John Post and Florilla E. Post, husband and wife, now deceased, and it appearing from the files and records in this proceeding that said heirs were duly and lawfully served by publication in the Idaho Statesman for four (4) consecutive weeks beginning with February 12, 1994 and ending on March 5, 1994, and no answer or other responsive pleading has been presented to or filed with this Court, the relief sought in Plaintiffs' Complaint as against these Defendants should be granted. vII. Plaintiffs Gordon R. Wood and Margaret M. Wood, husband and wife, and Dan Wood (collectively "Woods"), are residents of the County of Ada and own the real property described in Exhibit "A" hereto (the "Wood Parcel"). VIII. Plaintiffs Norman R. Barker and Donna D. Barker, husband and wife (''Barkers"), own the real property described in Exhibit "B" hereto (the "Barker Parce•1"). Ix. Plaintiffs Albert E. Monroe and Maxine M. Monroe, husband and wife ("Barkers"), own the real property described in Exhibit "C" hereto (the "Monroe Parcel"). FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 4. FVS/slr/09/04i941k'codFindings))6928-02) X. Defendants Akerstroms are residents of the County of Ada and own the real property described in Exhibit "D" hereto, hereinafter referred to as the "Akerstrom Parcel". XI. The Plaintiffs claim no interest and have no interest to or in the Akerstrom Parcel. XII. North Dixie Lane is located in the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, and is legally described as follows: A strip of land 20 feet wide, being the west 20 feet of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. A portion of North Dixie Lane abuts the Akerstrom Parcel immediately to the west and is legally described as follows: Commencing at the Southwest corner of the Northeast 1/4, Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145 feet; thence East 20 feet; thence South 145 feet; thence West 20 feet to the POINT OF BEGINNING. This portion of North Dixie Lane is referred to in the Stipulation and shall be referred to herein as the Akerstrom Access. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 5. FvS/slr/04/04;c~iWoodFin9ingsl(6928-02) XIII. Plaintiffs own in fee simple and are entitled to the quiet and peaceful possession of North Dixie Lane by virtue of a Deed dated March 17, 1908, recorded March 18, 1908, as Instrument No. 19088, recorded in Volume 70, at page 158, records of Ada County, Idaho, and the Stipulation dated February 28, 1993, subject however to the following: (a) A permanent and perpetual easement hereby granted unto the Akerstroms, their successors and assigns, for the quiet, peaceful and non-exclusive use of the Akerstrom Access for purposes of pedestrian and vehicular access to the Akerstrom Parcel, as same may be necessary and reasonable to provide access to a public right-of-way through other lands not owned by any party to this litigation, but which the Court having taken judicial notice, constitutes an extension of Dixie Lane to the south, which runs generally in a southerly direction, having as its northerly terminus the southerly terminus of North Dixie Lane and as its southerly terminus the Fairivew Avenue public right- of-way. Said lands, referred to herein as South Dixie Lane and the ownership thereof, was not the subject matter of Plaintiffs' Complaint and is not the subject matter of this Judgment; and (b) The rights of Idaho Power Company as the grantee and beneficiary by reason of an easement recorded for its benefit as Instrument No. 168008 on February 17, 1936, and an easement recorded as Instrument No. 156390, recorded on March 29, 1934, FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 6. FVSjs:r/04/OS/94(WOOd Fi ndings)(6928-02) under authority of which Defendant Idaho Power Company has installed poles, lines and other electrical apparatus pursuant to those easements and to which easements and rights thereunder Plaintiffs and Akerstroms are subject and subordinate to. XIV. Plaintiffs shall not interfere with Akerstroms, their successors or assigns, in respect to their peaceful and quiet use of the Akerstrom Parcel and the Akerstrom Access for purposes of providing pedestrian and vehicular access to the Akerstrom Parcel for residential purposes. XV. John Post and Flo.rilla E. Post, husband and wife, now deceased, were the last persons having an express recorded grantee's interest in the following described real property, sometimes referred to herein as the. "Ten Foot Strip", which immediately abuts and adjoins North Dixie Lane and the Akerstrom Access to the west: A strip of land ten feet wide, being the East ten feet of the South Quarter of the Northwest Quarter of the Southwest Quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. XVI. Based upon the Stipulation and the verified Complaint, Plaintiffs are the owners in fee simple and are entitled to the quiet and peaceful possession of the Ten Foot Strip by reason of their succession to the interest of Plaintiffs Woods, together FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 7. FPS/s1:i04/04~/94iWOOd°irdings)~6928-02) with Woods' predecessors-in-interest, who have had the exclusive, complete, actual, open notorious, hostile and continuous possession of the Ten Foot Strip adverse to the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased, and all other parties and persons for the requisite statutory period, to wit: five (5) years. XVII. Plaintiffs are entitled to judgment against Defendants, Idaho Power Company, Akerstroms, and the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased, subject to those Defendants' respective rights and easements as set forth hereinabove, and each-party shall bear their respective costs and attorneys fees, except that the cost of recording this Judgment shall be borne by Plaintiffs. XVIII. The foregoing constitutes this Court's Findings of Fact, Conclusions of Law, and Judgment quieting. title. IT IS SO ORDERED, ADJIIDGED AND DECREED. DATED this ~. day of April, 19'94. ~. p. CAREY Honorable George D. Carey ~~:. aTA1F of ICiAMb ~ `, _ ppUli~Y Of ~ ~~ aw~a nE ~*~-awswiw~a grit G i o~ ~Ar*o. ar w~ rc w+ :. ~. ~ ,ole~wr a~ r11E ~'fAiE c~ ~t~. ~~~i oow a wE w~~ .... ~ ~-1Ar n+E ro~oowv • ~ ~ -0M llt N 1Mw pFTIGE. v i NAVE H ro ~r w A~ u'~ y - ~ ~ NI WlrlfiM 1NIE`.1EQF. 19 • OIACUL NML •~_ LA: t~ ~' •• - RRO, CLEN( .. J. . • ` 7UTY ,c' : " BV i FINDINGS OF FACT, CONCLUSIONS~~OF LAW AND JUDGMENT, Pa e 8. pvs~sl:~oaio;,!~4(woodPindings)16928-02) ~~ A parcel of land being a portion of the N 1/2 of the NE 1/4 SW 1/4 of Section 5, T.3N., R.lE., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of the Sw 1/4 of said Section 5; SWhln4etooanhiron3pipe"marking3the5Northwestocorner ofrtherNE 1/4nSWr1/4f said / of said Section 5; thence South 00°26'55" West 403.74 feet along the Westerly boundary of said NE 1/4 SW 1/4 tc an iron pin, said point being the REAL POINT OF BEGINNING; thence continuing South 0°26'55" West 25makinfetheaSWncornerWNWt1/4yNE boundary of said NE 1/4 SW 1/4 to an iron pin, g 1/4 SW 1/4 of said Section 5; thence South 89°44'00" East 270.00 feet along the Southerly boundary of said N 1/2 NE 1/4 SW 1/4 Section 5 to an iron pin; thence leaving said Southerly boundary North 0°26'55" East 253.65 feet along the Westerly boundary of proposed Kearney Place Subdivision to an iron pin; thence North 89°33'05" West 270.00 feet along the Southerly boundary of said proposed Kearney Place Subdivision to the point of beginning, comprising of 1.57 acres more or less. ~ EXHIBIT a " r .-•. r""~ i THE SOUTH ONE HALE OF THE NORTHEAST QUAR'fE[t OF TIIE SOUTHWEST QUARTER, OF SECTION 5, TOWNSHIP 3 NuRTII, RANCE 1 EAST, B.M., ADA COUNTY, STATE OF IDAHO. • EXCEPT THEREFROM: THE SOUTH 145 FELT OF T[IE WEST' 30U FEET; ALSO EXCEPT THEREFROM: THE WEST 20 FEET. ALSO EXCEPT THEREFROM: PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BUISE-MERIUTAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: . COMMENCING AT THE S 1/4 CORNER OF SF.C'1'Ic)N 5, TUWNS1iI!' 3 NORTII, RAt1GE 1 EAST, BOZSE-MERIDIAN, ADA COUNTY; '1'fiENc:C NORTH- 26' S0" EAST, ALONG 7'I?IE CL•'N1'L•'12 SC:C"fION I,1NL•' Lll07.013 L•'EET TU A STEEL PIN, TEIE REAL POINT t)1•' HL•'GiNNINC; '1'1iL•:N(:E NORTH 26'50" EAST, 165.00 FEET; THENCL•` NORTH 89 DEGREES 42' lU" WEST, 13Ub. 42 t•'l:l~'i'; 1'ilI?NCE SOUTH 26' 30" WEST, 165.00 FEL•:'i'; '1'lll•:NCI SOUTH 89 DEGREES 42' 10" EAST, l.lll(, . 41 l'1:1i'P '1'~) TIIE I2CiAL POINT OF BEGINNING. -• EXHIBIT 5 Q ? 1J Part of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the S 1/4 corner of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County; thence North 26'50" East, along the center section line 1807.08 feet to a steel pin, the real point of beginning; thence North 26'50" East, 165.00 feet; thence North 89° 42'10" West, 1306.42 feet; thence South 26'30" West, 165.00 feet; thence South 89° 42' 10" East, 1306.41 feet to the real point of beginning. Excluding therefrom the following described real proper- ty, to-wit: A parcel of land being a portion of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at'a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89° 38'58" East 1326.59 feet to the North- west corner of said NE 1/4 of~the SE 1/4; Thence along the Westerly boundary of said NE 1/4 S~~T 1/4 South 0°26'55" West 658.25 feet to the Northwest corner of said S 1/2 NE 1/4 SW 1/4; Thence along the Northerly boundary of said S 1/2 NE 1/4 SW 1/4 South 89°44'00" East 20.00 feet to the real point of beginning; __ • Thence continuing along said Northerly boundary of the S 1/2 PIE 1/4 SW 1/4 South 89°44'00" East 66.54 feet; 'hence leaving said Northerly boundary of said S 1/2 NE 1/4 SW 1/4 South 24 °18' 17" East 115.14 feet to a point of curve; Thence along a curve to the left G5.36 feet, said curve having an interior angle of 72°01'07", a radius of 52•.00 feet and a long chord bearing of South 29°41.'10" t•;e~t ~• 61.14 feet; EXHIBIT a r ~ C Thence North 89°32'40" West 84.88 feet to a point lying 20.00 feet Easterly of the Westerly boundary of said S 1/2 NE 1/4 SW 1/4; Thence parallel to and 20.00 feet Easterly from said Westerly boundary of said S 1/2 NE 1/4 SW 1/4 North 0°26'55" East 157.69 feet to the point of beginning of the above described parcel, comprising~0.33 acres, more or less. Subject to all existing easements and rights-of-way of record or appearing on the above described parcel of land. r EXHIBIT "D" A portion of the Northeast Quarter of the Southwest Quarter, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW corner of the NE 1/4, SW 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145.00 feet; thence East 300.00 feet; thence South 145.00 feet; thence West 300.00 feet to the POINT OF BEGINNING; except, however, the West 20.00 feet. ANNEXATION/ZONING REQUEST AFFIDAVIT I, Dan Wood, do hereby certify that I am the record owner of the land described as the "Wingate Annexation" in an application for Annexation & Zoning and a Preliminary Plat Application being submitted to the City of Meridian for consideration. I further state that I hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. I also acknowledge that I will be responsible for the payment of all costs incurred by the City in processing the Variance Application, the Annexation/Zoning Application and the Preliminary Plat Application including city engineering costs, publication costs, and attorney's costs and fees. In addition, I hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. Dated this ~/9 day of ~ 6 ~-~ 1995 . Y• Dan Wood STATE OF IDAHO ) ss. County of Ada ) ON THIS ~ day of said State, personally appear 19~, before me a notary public in and for known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires g~~~/~ My Notary Bond Expires __ ~ , 19_ Not Public for Idaho Residing at _ ~ ~~~, ,Idaho ANNEXATION/ZONING REQUEST AFFIDAVIT We, Albert E. and Maxine M. Monroe, husband and wife, do hereby certify that we are record owners of a part of the land described as the Wingate Annexation in an application for Annexation & Zoning Application being submitted to the City of Meridian for consideration. We further state that we hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, we hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. _~/ Dated this ~ day of ~~~- - , 1995. By: STATE OF IDAHO ) ss. County of Ada ) ON THIS ~ ~ day of said State, personally appeared - 19(/~ ,before me a notary public in and for known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires 9~~/~'~-`~ My Notary Bond Expires 19_. Nota~v Public for Idaho Residing at _~~1~1 „~,,,,., ,Idaho Albert E. Monroe ANNEXATION/ZONING REQUEST AFFIDAVIT We, Norman R. and Donna D. Barker, husband and wife, do hereby certify that we are record owners of a part of the land described as the "Wingate Annexation" in an application for Annexation & Zoning Application being submitted to the City of Meridian for consideration. We further state that we hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. In addition, we hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridian have been made. Dated this 31 st day of January , 1995. By: Norman R. Barker Donna D. Barker STATE OF California ) ss. County of Amador ~ ON THIS 31 stday of January , 19 95 ,before me a notary public in and for said State, personally appeared Norman R. Barker and Donna D. Barker known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that they- executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires October 10, 1995 My Notary Bo d Expires October 10, 1995 , 19_. Notary Pu lic or ~c~~l}+q' California Residing at Jac{<son Cal i forni a • ~.r: ,~y OFFICIAL SEAL CAROLLE FLORES •~ ~ Not~o b ~-C~ OO ~~ ~ My ComrNsdon Explr~ .,.,..• October 10.1995 ANNEXATION/ZONING REQUEST AFFIDAVIT We, Gordon R. and Margaret M. Wood, husband and wife, do hereby certify that we are the record owners of the land described as the "Wingate Annexation" in an application for Annexation & Zoning and a Preliminary Plat Application being submitted to the City of Meridian for consideration. We further state that we hereby officially request annexation of said property into the Corporate City Limits of the City of Meridian, Idaho. We also acknowledge that we will be responsible for the payment of all costs incurred by the City in processing the Variance Application, the Annexation/Zoning Application and the Preliminary Plat Application including city engineering costs, publication costs, and attorney's costs and fees. In addition, we hereby state and certify that the subject property will be posted one week before the public hearing stating that the above-mentioned applications with the City of Meridiar_ have been made. ~- Dated this ~ ~ day of ~' ~<<«-~ , 1995. Gordon R. Wood `~, , ~~i~ Maz azet M. Wood y v' STATE OF 1 ss. County of ON THIS day of , 19 ,before me a notary public in and for said State, personally appeared Gordon R Wood and Margaret M. Wood known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and acknowledged to me that _ the~_ executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Notary Commission Expires My Notary Bond Expires ~~ll ~ l ~OJ' in ~ ~ 19_ ~iI~R~~.~~:~ Notary Public for ~/~ C'FtiVLCw ~~Cllf;A.t fvL~ A~ yC ~~~C~l ~ Residing at , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ~ ~ i ~ -~:~ r ~ ~ County of I2 ; v -e ~ ~ ;.~~~ -e__ No. 5907 On 1=~hv^.~n.~., I I ~`t5_ before me, '~.~.... :, • ~~~, k~~'.. nr~,f t ~~ ~, 611~~... , ATE NAME, TITLE OF OFFICE - E.G., "JANE DO ,NOTARY PUBLIC" personally appeared ~ Y C~ a,~ ~ i%y ~ ~~l ~„ ~ 1N1 ~.~~ a~ r~" Lti~ 1~.~ ~ ~~ , NAME(S) OF SI R(S) ^ personally known to me - OR - proved to me on the basis of satisfactory evidence to be the persons whose name( is are subscribed to the within instrument and ac- knowledged to me that he/sh ey, executed the same in his/her/ ei authorized capacity ies , and that by his/her their ~~.; o?FIC_TAI, say signatures on the instrument the perso s ~t=~~5~ ~~~~~~ v~`. 4~41ts~~ r, or the entity upon behalf of which the ~ NCTAR`f FU~LIC - CA_'i=Gr^.NIA ~~~ ~" F:PJcR5iu2 CCGt:TI' ~;~A,yComm.ExpiresOct.20.,335 persor~(s ;acted, executed the instrument. WITNESS my hand and official seal. SIGNAT OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL ^ CORPORATE OFFICER TITLE(S) ^ PARTNER(S) ^ LIMITED ^ GENERAL ^ ATTORNEY-IN-FACT ^ TRUSTEE(S) ^ GUARDIAN/CONSERVATOR ^ OTHER: _ SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) DESCRIPTION OF ATTACHED DOCUMENT TITLE OR T ~ E OF OCUMENT ~`' ~L1~ NUMBER OF PAGES ~e ~] rr u a Y 4 ~ (~ DA~F D~MENT //o ~ SIGNER(S) OTHER THAN NAMED ABOVE ®1993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga Park, CA 91309-7184 ~~-u-B~ Engineers Surveyors Planners Project: 18929 Date: February 10, 1995 DESCRIPTION FOR WINGATE ANNEXATION PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 and PART OF THE NW 1/4 OF THE SW 1/4 SECTION 5, T.3N., R.lE., B.M., ADA COUNTY, IDAHO A parcel of land being situated in a portion of the S 1/2 of the NE 1/4 of the SW 1/4 AND a portion of the NW 1/4 of the SW 1/4 of Section 5, T.3N., R.lE., B.M., Ada County, Idaho, being more particularly described as follows: Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89°38'58" East 1,326.59 feet to the Northwest corner of said NE 1/4 of the SW 1/4; thence along the Westerly boundary of said NE 1/4 of the SW 1/4 South 0°26'54" West 658.25 feet to the Northwest corner of said S 1/2 of the NE 1/4 of the SW 1/4, said point being the REAL POINT OF BEGINNING: thence along the Northerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 89°44'00" East 20.00 feet; thence along a line being parallel to and 20.00 feet Easterly from the Westerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 0°26'54" West 658.21 feet to a point on the Southerly boundary of said S 1/2 of the' NE 1/4 of the SW 1/4; thence along said Southerly boundary North 89°48'59" West 20.00 feet to the Southwest corner of said S 1/2 of the NE 1/4 of the SW 1/4; thence along the Southerly boundary of the NW 1/4 of the SW 1/4 of said Section 5, North 89°48'59" West, 10.00 feet to the Southeast corner of Mirage Meadows Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 57 of Plats at pages 5394 and 5395; thence along the Easterly boundary of said Mirage Meadows Subdivision, North 00°26'54" E, 403.92 feet to the Northeast corner of said Mirage Meadows Subdivision, said point being on the Southerly boundary line of Chateau Meadows East Subdivision No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 58 of Plats at pages 5457 .and 5458; thence along the Southerly boundary of said Chateau Meadows East Subdivision No. 2, North 89°50'22" East, 10.00 feet to the Southeast corner of said Chateau Meadows East Subdivision, said point being situated on the Westerly line of said S 1/2 of the NE 1/4 of the SW 1/4; thence along the Westerly boundary line of said S 1/2 of the NE 1/4 of the SW 1/4 North 00°26'54" East, 254.26 feet to the REAL POINT OF BEGINNING, comprising 0.395 acres, more or less. r~-u-B~ Engineers Surveyors Planners SUBJECT T0: Description for Wingate Annexation February 10, 1995 Page 2 All existing easements and road rights-of-way of record or appearing on the above-described parcel of land. Prepared by: J-U-B ENGINEERS, Inc. ~ t , r _ ~y. P ~-'' - f! //'~ ~C~.ZJ~o 5.~;0/~°,, CRY A.~/ GAL:ls Gary A. Lee, P.E./L.S. 17 12 Q 18 11 CHATEAU w C~ MEADOWS Q 9 10 ~ EAST N0. 2I Z E. MEADOW WOOD ST. 21 I 22 I 23 22 23 J MIRAGE a 21 ~ W F H 20 MEADOWS Z E. OAKCREST DR. SUBDI ISION 4 5 6 7 MONROE PROPERTY BARKER PROPERTY AKERSTROM PROPERTY N89' 48' 59" W ~1-N89' 48' 59" W 10.00' 20.00' PAVE LEADER PROPERTY (FUTURE DOVE MEADOWS SUBD.) AVEST LIMITED PARTNERSHIP ~-sw coRNER s 1/2 PROPERTY NF 1 /a sw i /a SEC. 5, T. 3N., R.1 E., B.M. FND. 5/8" I.P. W/PLASTIC CAP, P.L.S. 4347 ® ANNEXATTION AREA 1NtNGATE ANNEXAl10N MAP 18 29 28 27 ip 26 N 25 w N 24 ' ' O z " E 22 89 S0 10.00' .-. _ N ~ a ~ o ~ ~ 3 24 > ~' a N C N w Z Q 25 ~ N vs LJ.I wi X ~ ~ _ ~ 26 w e N 0 z N. NW CORNER S 1/2 r NE ~; a sw :; a ~ SEC. 5, T. 3N., R. 1 E., B.M. FND. 5j8" I.P. W/PLASTIC CAP, P.L.S. 972 S89' a4' oo" E WOOD 20.00' PROPERTY SCALE: 1" =100' ACRD DWG. NANANNEX WINGATE ANNEXATION Barriatua, Raymond D. & Connie Jean 2290 N. Laughridge Avenue Meridian, ID 83642 McLain, Mark F. & Kalynn R. 2289 N. Dixie Place Meridian, ID 83642 Wood, Daniel A. & Dixie L. 2119 E. Chateau Drive Meridian, ID 83642 Mendiola, Regina L. 2125 E. Chateau Drive Meridian, ID 83642 Maxfield, Gerald L. & Shelly L. 2133 E. Chateau Drive Meridian, ID 83642 Wood, Gordon R. & Margaret M. P.O. Box 422 Meridian, ID 83642 Monroe, Albert E. & Maxine M. 2170 Dixie Lane Meridian, ID 83642 Barker, Norman R. & Donna D. 19405 Deerwood Drive Volcano, CA 95689 Akerstrom, Phillis R. & Richard T. 2050 Dixie Lane Meridian, ID .83642 Leader, David E. 110 Parkway Drive Boise, ID 83706 Avest Limited Partnership c/o Roger H. Allen 6904 Randolph Drive Boise, ID 83709 Miller, Wade E. & Nancy K. 2005 E. Oakcrest Drive Meridian, ID 83642 Leavitt, John D. & Davalee 1985 E. Oakcrest Drive Meridian, ID 83642 Koga, Robert C. 1965 E. Oakcrest Drive Meridian, ID 83642 Chandler, Allan T. & Joyce 1945 E. Oakcrest Drive Meridian, ID 83642 Rama, Shelby R. & Margaret A. 1905 E. Oakcrest Drive Meridian, ID 83642 Dugger, Craig L. & Marcy L. 2044 N. Applewood Place Meridian, ID 83642 Roy, Theodore A. & Laurie M. 2043 N. Whittier Place Meridian, ID 83642 Wright, Charles W. & Barbara J. Dulaney, Timothy R. & Jan R. 2046 N. Whittier Place 1945 E. Meadow Wood Street Meridian, ID 83642 Meridian, ID 83642 McCarthy Terry T. Pilmer, Brian Vernon & 2048 N. Whittier Place Cunningham, R. Diane Meridian, ID 83642 1965 E. Meadow Wood Street Meridian, ID 83642 Bowman, Douglas W. & Colleen A. 2056 N. Whittier Place Blades, Elmer Joe & Meridian, ID 83642 Katherine A. 1985 E. Meadow Wood Street Meridian, ID 83642 Montgomery, Robert & Rachel 2062 N. Whittier Place Meridian, ID 83642 Whitehead, Lee J. & Kelley 2170 N. Laughridge Avenue Meridian, ID 83642 Wignot, Robert L. & Maureen S. 2059 N. Whittier Place Meridian, ID 83642 Woods, John R. & Marilyn L. 2190 N. Laughridge Avenue Meridian, ID 83642 Spagnoletti, James & Isabella M. 2053 N. Whittier Place Boyer, Richard & Natalie A. Meridian, ID 83642 2200 N. Laughridge Avenue Meridian, ID 83642 Hardee, Daniel J. & Judy and Hardee, Daniel R. & Debbie 2054 N. Applewood Wheelock, Ellen L. Meridian, ID 83642 2230 N. Laughridge Avenue Meridian, ID 83642 Higgins, Robert L. 2064 N. Applewood Place Cottle Trust Meridian, ID 83642 Cottle T.F. & Vaneta Trustees 2250 N. Laughridge Avenue Meridian, ID 83642 Hendry, Nora Joan & De Prima, Anthony R. 1925 E. Meadow Wood Street Kleckner, Lynn D. & Meridian, ID 83642 Claudette J. 2220 N. Meadowrose Place Meridian, ID 83642 Norwood, Eugene L. & Marilyn A. 2245 N. Laughridge Avenue Meridian, ID 83642 Orcutt, Dale L. & Stacey L. 2225 N. Laughridge Avenue Meridian, ID 83642 Kroupa, Timothy D. & Jodi M. 2195 N. Laughridge Avenue Meridian, ID 83642 Barry, Clay A. & Gwyn 1906 E. Meadow Wood Street Meridian, ID 83642 Nettleton, Ruth H. 1930 E. Meadow Wood Drive Meridian, ID 83642 Simpson, Alan L. & Cynthia K. 2203 N. Meadowrose Place Meridian, ID 83642 Vaughn, Christopher L. & Valerie J. 2212 N. Meadowrose Place Meridian, ID 83642 . ~~ rJ~u Engineers Surveyors Planners Date: Prepared By: Owners: Developer: WINGATE ANNEXATION NARRATIVE February 15, 1995 Gary A. Lee, P.E./L.S. J-U-B ENGINEERS, Inc. Boise, Idaho Albert E. and Maxine M. Monroe Norman R. and Donna D. Barker Gordon R. and Margaret M. Wood Dan Wood D.W., Inc. Dan Wood, President I. DEVELOPMENT LOCATION The Monroe/Barker/Wood property is located in a portion of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, B.M., Ada County, Idaho. The site is also known as Dixie Lane. More particularly, the project lies east of Mirage Meadows Subdivision, south of Kearney Place Subdivision and north of the proposed Dove Meadows Subdivision (Dave Leader Property). II. SITE DESCRIPTION Currently, the site is comprised of approximately 0.40 acres of private road. The land is generally flat with small irrigation ditches adjacent to it. At this .time, the property is adjacent to the City of Meridian corporate limits on all sides. The present zoning of the site is RT within Ada County. III. PROPOSED DEVELOPMENT The developer plans to request a re-zone of the property to residential R-8. This 0.40 acres will be combined with the presently approved Wingate Park Subdivision. The adjacent lots in this subdivision will be altered slightly to include the additional 20 to 30 feet of what is now Dixie Lane. '~ ~J~u Engineers Surveyors Planners Wingate Annexation Narrative February 15, 1995 Page 2 This development and zoning (R-8) are desirable at this location. The property is situated next to R-8 zoning to the north, west and east. In addition, R-8 zoning is planned for the proposed Dove Meadows Subdivision to the south. There are other residential developments in the area that make an R-8 zone desirable. In addition, the annexation will eliminate an existing enclave. This zoning request and annexation will comply with the Meridian Comprehensive Plan. IV. PROPOSED IMPROVEMENTS A. Sanitary Sewer System: There is an existing public sanitary sewer system on East Oakcrest Drive to the west of the site. This system is operated and maintained by the City of Meridian. This development will extend the existing sanitary sewer service into Wingate Park Subdivision. B. Domestic Water System: It is anticipated that domestic water and fire flows will be supplied by the City of Meridian through the extension of an existing water system located on East Oakcrest Drive. The annexation of this 20 to 30-foot strip of land will allow the extension of public water from East Oakcrest Drive into Wingate Park Subdivision. APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MERIDIAN PLANNING AND ZONING COMMISSION FILING INFORMATION I. GENERAL INFORMATION Wincrate Annexation (PROPOSED NAME OF SUBDIVISION) East of Mirage Meadows Subd., South of Kearney Place Subd., North of ( GENERAL LOCATION ) Proposed Dove Meadows Subd. NW 1/4 SW 1/4 and S 1/2 NE 1/4 SW 1/4, Section 5, T.3N., R.1E., B.M. (LEGAL DESCRIPTION - ATTACH IF LENGTHY) Ada County, Idaho (see attached legal description) rt E. Monroe and Maxine D. Monroe Norman R. Barker and Donna D. Barker 331-6348 (OWNER(S) OF RECORD) (NAME) (TELEPHONE N0.) Gordon R. Wood and Margaret M. Wood Dan W (ADDRESS) 331-6348 wk D W , Inc c/o Dan Wood 888-2936 hm (APPLICANT) (NAME) (TELEPHONE N0.) 2119 E. Chateau. Meridian, ID 83642 (ADDRESS) Gary A. Lee, P.E./L.S. - J-U-B ENGINEERS Inc. 376-7330 (ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE N0.) 250 S. Beachwood Avenue, Suite 201 Boise ID 83709 (ADDRESS) City of Meridian. Idaho . (JURISDICTION(S) REQUIRING APPROVAL) Residential (TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL) +50 0 40 acres total annexation ACRES OF LAND IN CONTIGUOUS OWNERSHIP. (ACCEPTED BY:) (FEE) i _v~~ N. 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T 1 t Z e o Z-~ ^ :: -~ ~ ~ 1 ~ ~ v -+ N ~ I rw ~ y ~ N w~.tnE4 , '' N ^ N :~Cnci_,,._ ~ ...E =~ _ - - r ~ + ~'1 ~1 i r , ~ - N - ~_ 1 .~ ~ ~ _ E r s S ~r i Ut W Q 0. C~ ~o ~} Y Z b ~-~_ ~ f ~ 11 ~ ~ ij, ~ t: .'~ f~ ~~ I~iii jj ~!~ f; ~ i ~i' ~~ i7 ~~~ti ~i; ~~~ ~ ~~ ~ ~~ ~^ l t ~~ ~ ~ t,, R i ~6~ ~~i ~~~ ,tsdlt :ti ~1~~ ] ~~i ~d .1 : . I~ ~~ b~ ~ ~~ I; .If,.. •Rtt•. -°-°r--T--T--T---7--T--1--- ~~~ ~ i i i i i i `. ~-~ i i i i i i 1~ 1 `ti' V---1-_L--1--1--J--- ~ I 1 - . 1 -~ )~_~~ ~ ~ ~~ , i i i i i '!~ 1 1 1 1 1 h.---- r-_Tt'•-T_iT•--~--~-~'---~ t ~u I 1 1 1 1 I 1 1 1 1 1 1 1 I 1 1 ~----_ _ 1 I 1 1 1 1 1 ~ 1 1^_a\ I 1 I 1 ~ 1 1 --1--1--1--1-- 1 ~-~['-1, F ~ 1----~ ~---'1'--T--T---. ~ ~ ~ I 1 1 ~ F I 1 I 1 1 1 1 ~ - 1 I 1 1 1 I I 1 1 x w r----~ F---- I I 1 I I 1 ~-y--JT---~ ~_--_' F 1 1 1 1 .` 1 1 I i ------i I 1 , 1 ~~ 1 r----y----• Y I 1 I 1 i i ~~`T'~.1 I----~ n ~ ~ w ~-----~ __--J ~ I11 1 i e 1 1 1 I ~i 1 I ~___-~ I 1 1 ~ 1 1 1 Z ___-_~-_ _ i T IJ-- - ~- - - - 1 1 1 -----~ ~ 1 1 1 ~; 1 \ I I 1 ~ I •~_-1---L---~-~~ r 1 .1 / ~_-- 1 / 1 1 1 I I I ~ 1 I 1 1 1 1 ~ I 1 1 1 1 ~\ ~---~-----1r--~---J F---~-------~ 1 1 1 I ~ I ~ ~ 1 1, , , 1 , I , 1 1 , I ~. -. 1 1 I 1 I 1 .'~, ,r--~---~ I 1 I 1 ~ / ~ 1 ~~" r-~ I I 1 / 1 I I I y 1 ~ 1 ~ I 1 / 1 1 I i .~ t --1- '_-__-J----_L--J---J--y--_--~ - - ;~ ~_ ~ It~ 1 ti~i3~ ~„J ~Q ~§ ~~ .;. .; ~ u .: 5 J s ~ ~ N a ^y C • ~~ .Id :~ ~~ ~~ x~ ~~$ m ~ ~ ~~ ~~ ~ ~ ~ ~ r a ~ ~ d~~ ~ Q Y MF a [ I S~! ~~ 7i{i E ~ _, ~~~ ~~ -- R _~;~, ~1, ~\ ii ig~ i ~~ ~~ N o Q V J tl ~ ~ T 4 ~ V Q ~ Q T .. n `~. - - -v~`-4 I ~ i i g o~ i ~i N O ~ i Z~ ~ W~ ~ I- Q Z _ I d ~ V AGENCY c~nnnntrv i 5 CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. MERIDIAN CITY COUNCIL MEETING: JUNE 6 1995 APPLICANT ITEM NUMBER; 3 REQUEST; ORDINANCE #705 -ANNEXATION - D.W. INC. ORDINANCE NO. 705 AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 AND A PART OF THE NW 1/4 OF THE SW 1/4 SECTION 5, T.3N., R.lE., B.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: A parcel of land being situated in a portion of the S 1/2 of the NE 1/4 of the SW 1/4 AND a portion of the NW 1/4 of the SW 1/4 of Section 5, T.3N., R.lE., B.M., Ada County, Idaho, being more particularly described as follows: Beginning at a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89°38'58" East 1,326.59 feet to the Northwest corner of said NE 1/4 of the SW 1/4; thence along the Westerly boundary of said NE 1/4 of the SW 1/4 South 0°26'55" West 658.25 feet to the Northwest corner of said S 1/2 of the NE 1/4 of the SW 1/4, said point being the REAL POINT OF BEGINNING; thence along the Northerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 89°44'00" East 20.00 feet; thence along a line being parallel to and 20.00 feet Easterly from the Westerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 0°26'55" West 658.21 feet (formerly known as South 0°26'54" West) to a point on the Southerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4; thence along said Southerly boundary North 89°48'59" West 20.00 feet to the Southwest corner of said S 1/2 of the NE 1/4 of the SW 1/4; ANNEXATION ORDINANCE - D. W. INC. Page 1 thence along the Southerly boundary of the NW 1/4 of the SW 1/4 of said Section 5, North 89°48'59" West, 10.00 feet to the Southeast corner of Mirage Meadows Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 57 of Plats at pages 5394 and 5395; thence along the Easterly boundary of said Mirage Meadows Subdivision, North 00°26'55" E, 403.92 feet (formerly known as North 0 ° 26 ' 54" East ) to the Northeast corner of said Mirage Meadows Subdivision, said point being on the Southerly boundary line of Chateau Meadows East Subdivision No. 2, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Hook 58 of Plats at pages 5457 and 5458; thence along the Southerly boundary of said Chateau Meadows East Subdivision No. 2, North 89°50'22" East, 10.00 feet to the Southeast corner of said Chateau Meadows East Subdivision, said point being situated on the Westerly line of said S 1/2 of the NE 1/4 of the SW 1/4; thence along the Westerly boundary line of said S 1/2 of the NE 1/4 of the SW 1/4 North 00°26'55" East, 254.26 feet (formerly known as North 0°26'48" East) to the REAL POINT OF BEGINNING. is hereby annexed to the City of Meridian, and is zoned R-8 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the ANNEXATION ORDINANCE - D. W. INC. page 2 subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and 11-9- 605 M. which pertains to the tiling of ditches and waterways. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law, and meet the Ordinances of the City of Meridian. Section 3. That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of June, 1995. APPROVED: MAYOR -- GRANT P. RINGSFORD ANNEXATION ORDINANCE - D. W. INC. Page 3 ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 AND A PART OF THE NW 1/4 OF THE SW 1/4 SECTION 5, T.3N., R.lE., H.M., ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE"; passed as Ordinance No. 705, by the City Council and Mayor of the City of Meridian, on the day of June, 1995, as the same appears in my office. DATED this day of June, 1995. City Clerk, City of Meridian Ada County, Idaho STATE OF IDAHO,) ss. County of Ada, ) On this day of June, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he 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 Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNE7LATION ORDINANCE - D. W. INC. Page 4 • 17 12 Q 18 it CHATEAU W o MEADOWS ~ Q g 10 J EAST N0. 2/ Z E. MEADOW WOOD ST. 28 NW CC+RNER S 1/2 NE 1/4 SW 1/4 SEC. 5, T. 3N., R. 1E., B.M. FND. 5/8" I.P. W/PLASTIC CAP, P.L.S. 972 27 ~~ S89'44'00'E pROPERTY 20.00' SCALE: 1'=100' 26 ~o ~V MONROE ,y~ PROPERTY 25 ~ V. 24 Z Vey 21 22 23 89'S0'22'E i/~ t 0.00' .~. O Q N ~ 23 ~ 22 24 3~> BARKER ,~ ~ a PROPERTY m r.. ~ ~ W 0 MIRAGE aJ. 25 v' ~ 21 ~ W W F ~" X ~- ~i o 20 ~ 2s .,g W MEADOWS Z :;~ m E. OAKCREST DR. ~o z SUBDI SION AKERSTROM PROPERTY 4 5 6 7 N89'48'59~W N89'48'S9"W to.00' 20.00' PAVE LEADER PROPERTY (FUTURE DOVE MEADOWS SUBD.) AVEST LIMITED PARTNERSHIP SW CORNERS 1/2 PROPERTY NE 1/4 sw 1/4 SEC. 5, T. 3N., R.1 E., B.M. FND. 5/8" I.P. W/PLASTIC CAP, P.L.S. 4347 ® ANNEXATTION AREA WINGATE ANNEXAT1tJN MAP 1 9 ACAD DWG. WINANNEX Rev. 6/1 /95 S MERIDIAN CITY COUNCIL MEETING: MAY 16 1995 APPLICANT D.W. INC. ITEM NUMBER; 6 REQUEST; REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR .40 ACRES AGENCY COMMENTS CITY CLERK: PLANNING 8~ ZONING MINUTES CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission March 14, 1995 Page 17 the public hearing. We need some action on the conditional use permit. Alidjani: Mr. Chairman, I make a motion that we have the City Attorney prepare findings. Shearer: Second Johnson: It has been moved and seconded to have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF R-8 FOR .40 ACRES BY D.W., INC.: Johnson: 1 will now open the public hearing and invite the applicant or his representative to come forward and address the Commission. Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney. Lee: Mr. Chairman and Commissioners, the application tonight before you is zoning and annexation on four tenths of an acre (inaudible). The property in question consists of a 20 foot wide strip along parcels owned by Monroe, Barker and Kinkerstrom. That piece of ground is known as Dixie Lane. The ownership of the property is in question and without clear title. In addition there is a 10 foot strip of property along the eastern side of Mirage Meadows that was in the same situation, there was question of title on that parcel as well when Mirage Meadows was platted. Wingate Subdivision which was proposed in 1993 and approved I would like to hand out a reduced copy of (inaudible). As you can see on the westerly side on the left part of this page there is a strip of land between the proposed Wingate Subdivision and Mirage Meadows and that is the piece that we are talking about. At the direction or suggestion I guess of the City Attorney Wayne Crookston to Dan Wood the developer of Wingate we needed to get that piece of property straightened out, get the title in order and proceed with annexation of that strip so that the pieces come together. Dan Wood proceeded with that quiet title action and was successful. Has obtained ownership along with Monroe's and Barker of that piece of ground, both the 20 foot Dixie Lane Strip and 10 foot piece that was left off of Mirage .__ Meadows. The preliminary plat for Wingate is going now into a final plat process and we have taken into. the account the 20 foot and 30 foot strip of land and distributed it throughout that portion of the development. I brought kind of a work sketch that we developed at the office for a final plat. (Inaudible) The configuration is basically the same, there was some modifications in some street alignment due to the shift in there to make lots usable and at the same we have generated some storm drainage facilities in there that ' OFFICIALS 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. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To: Mayor, City Council, Planning & Zoning ,~ From: Bruce Freckleton, Assistant to City Engineer ~ Shari Stiles, P&Z Administrator Re: Annexation and Zoning of R-8 for Dixie Lane by D.W., Inc., Dan Wood COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning March 10, 1995 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. SITE SPECIFIC COMMENTS -PUBLIC WORKS DEPARTMENT Sewer and water for the balance of the Wingate Place Subdivision will cross this strip of land being proposed for annexation. SITE SPECIFIC COMMENTS -PLANNING DEPARTMENT 1. Continuation of the 20' pedestrian access included in the Avest preliminary plat must be maintained through to E. Oakcrest Drive. 2. Connection of Dixie Lane to Chateau Drive would be desirable for a pedestrian access; this should be fully explored. 3. Dixie Lane is currently being used as a vehicle access from Fairview Avenue. Coordinate with ACRD for continued access and/or removal of barricades from E. Oakcrest Drive to allow access to all properties. ~~~V BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION J-U-B ENGINEERS, INC. ANNEXATION AND ZONING S 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 5, T.3N.,R.lE., B.M., ADA COUNTY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on March 14, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing through his representative, Gary Lee, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for March 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 14, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 1 annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is 0.40 acres in size; it is located east of Mirage Meadows Subdivision, south of Kearney Place Subdivision and North of the proposed Dove Meadows Subdivision. 3. That the ,property is presently zoned by Ada County RT (Rural Transition); that the Applicant requests that the property be zoned R-8. 4. This 0.40 acres will be combined with the presently approved Wingate Park Subdivision. 5. That the adjacent lots in this subdivision will be altered slightly to include the additional 20 to 30 feet of what is now Dixie Lane. 6. That this annexation will allow the extension of public water from East Oakcrest Drive into Wingate Park Subdivision. 7. That this zoning is desirable at this location as this property is situated next to R-8 zoning to the north, west and east and is planned for the proposed Dove Meadows Subdivision. 8. That this zoning request and annexation will comply with the Meridian Comprehensive Plan. 9. That the owners of record are Albert E. and Maxine Monroe, Norman and Donna Barker, Gordon and Margaret Wood and Dan Wood and they have requested the annexation and consented to the Application. 10. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 2 11. There were no property owners in the immediate area that testified objecting to the Application. 12. That Engineer, Gary Lee addressed the Commission on behalf of Dan Wood, the Applicant. 13. Mr. Lee stated that the property in question consists of a 20 foot wide strip along parcels owned by Monroe, Barker and Kinkerstrom; that the piece of ground is known as Dixie Lane, and that the ownership of the property was in question and without clear title; that at the suggestion of the City Attorney, Wayne Crookston, Dan Wood proceeded with a quiet title action and was successful in obtaining ownership along with the Wood's, Monroe's and Barker's. 14. That the City Planning Director, Shari Stiles, and the Assistant City Engineer, Bruce Freckleton, submitted comments regarding this application. 15. That any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M.; that continuation of the 20 foot pedestrian access included in the Avest preliminary plat must be maintained through to E. Oakcrest Drive; that the connection of Dixie Lane to Chateau Drive would be desirable for a pedestrian access; that applicant will need to coordinate with the Ada County Highway District for continued access and or removal of the barricades from E. Oakcrest Drive to allow access to all properties currently using Dixie Lane as a vehicle access from Fairview Avenue. 16. That the Ada County Highway District (ACRD) submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 3 site specific requirements and they are incorporated herein as if set forth in full which included the dedication of 50 feet of right-of-way for E. Oakcrest Drive crossing the parcel; that this dedication may be made by Warrantee Deed or by including it in a future phase of Wingate Place Subdivision. 17. That Nampa Meridian Irrigation District, Central District Health Department, Meridian Police Department and Meridian City Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural. requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 4 Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the annexation application has been initiated by the owners and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 8. That the annexation application has been initiated by the Applicant, which is not the titled owner but the titled owners have consented to the annexation application; that the annexation is not upon the initiation of the City of Meridian. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements and 11-9-605 M, Piping of Ditches; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that as a condition of annexation, the Applicant, or if required, any assigns, heirs, FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 5 executors or personal representatives, shall pay, when required, any development fee or transfer fee adopted by the City. 10. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian it is ultimately concluded that Applicant's property should be annexed and zoned R-8; that the conditions should be those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met. 10. That all ditches, canals, and waterways required to be tiled by City Ordinance shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 11. With compliance of the conditions contained herein, the annexation and zoning or R-8, Residential would be in the best interest of the City of Meridian. 15. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 6 ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) 1 VOTED ~V'' ;~ VOTED ~~ T~~ ~ VOTED -G ~"' ~ VOTED ~l~ VOTED DECISION AND RECOl~IIKENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and waterways as a condition of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: r DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 7 .HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk City Treasurer JANICE L GASS ~ N CITY OF MERIDI MAXYERRINGTON ROBERT D. CORRIE . . GARY D. SMITH, P.E. City Engineer L ~1 \ WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water Supt. planner a Zoning Administrator KENNY w. eowERS. Fire chief IDAHO 83642 MERIDIAN "BILL" GORDON, Police Chief W L , JIM JOHNSON . . WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor 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 Planning 8: Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Annexation and Zoning of Dixie Lane BY: D W Inc LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision South of Kearney Place Subdivision, North of Dove Meadows Subdivision 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 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.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF R LAMATIO~I(PRELIM & FINAL PLAT) CITY FILES ~ ~ ~ _ , YOUR CONCISE RECEIVED FE B 2 1 1995 CITY OF MERIDIAN HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live T RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk CITY OF MERIDIAN MAX YERRINGTON JANICE L. GASS, City Treasurer ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. planner & Zoning Administrator KENNY W. eowERS, Fire chief MERIDIAN, IDAHO 83642 W.L. "BILL" CORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887813 RECEIVED Chairman • Planning a Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD F E B 2 3 1995 Mayor CITY 4F MERlD1AN 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 Planning 8. Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7. 1995 _ TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Annexation and Zoning of Dixie Lane BY: D W Inc LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision. South of Kearney Place Subdivision North of Dove Meadows Subdivision JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P2 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.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) CITY FILES Z _ L 2 Y Gay OTHER: YOUR CONCISE REMARKS: S ~n/~u ,r2 x 2 i J~ we' L C.. •e. ,Q L~2%G ~i, ~ ~~ .,~ ~ cc~r~c „AMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary MAR 1 4 1995 CITY OF MERIDIAN March 9, 1995 To : DAN WOOD D.W., INC 2119 E. CHATEAU MERIDIAN ID 83642 ~~.:% .\ From: Karen Gallagher,-'~Coordinator Development Services Subject: MERIDIAN ANNEN & ZONE DIXIE LANE N/O FAIRVIEW R-T to R-8 Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on March 8, 1995. The attached staff report lists conditions of approval and street improvements which are required . If you have any questions, please feel free to call me at 345-7680. KG cc: Development Services Chron J-U-B ENGINEERS CITY OF MERIDIAN ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 c~r~c JAMES E. BRUCE, President SHERRY R. HUBER, Vice President SUSAN S. EASTLAKE, Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE MAWINGAT/DSTECH 3-8-95 DATE: March 6, 1995 FROM: Development Services SUBJECT: Annexation & Zone Change Dixie Ln n/o Fairview R-T to R-8 (Applicant - D.W., Inc., Dan Wood, 2119 E. Chateau, Meridian, ID 83642) (Representative - J-U-B Engineers, Inc., Gary Lee, P.E., 250 S. Beechwood Ave., Suite 201, Boise, ID 83709) FACTS & FINDINGS: 1. The applicant is requesting approval change for a portion of Dixie Lane, erty contains approximately 0.4-acre City of Meridian corporate limits located approximately 1/4 mile north 1/4 mile east of Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.4 ZONING - Residential RT (existing Residential R-8 (requested) TRAFFIC ANALYSIS ZONE - 265 of an annexation and zone a private Road. The prop- s and is adjacent to the on all sides. The site is of Fairview Avenue and L.F. OF FRONTAGE ON E. Oakcrest Dr. - 50 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - None shown EXISTING RIGHT-OF-WAY - 0-feet REQUIRED RIGHT-OF-WAY - 50-feet (25-feet from centerline) Oakcrest. Drive terminates at this parcel's west property line in a "Tee" and is improved with a 36-foot back-to-back street section, curb, gutter and 5-foot sidewalk on both sides. IMPACT FEE BENEFIT ZONE - WEST ADA IMPACT FEE ASSESSMENT DISTRICT - WESTERN CITIES ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Annexation & ZC Dixie Lane n/o Fairview RT to R-8 March 6, 1995 Page 2 3. The developer plans to rezone the property from R-T to R-8. This 0.40-acre parcel is proposed to be combined with the presently approved Wingate Park Subdivision. If approved, the adjacent lots in this subdivision will be altered slightly to include the additional 20 to 30-feet of what is now Dixie Lane, a private road. There is no mention of what is proposed for Oakcrest Drive. In staff's opinion Oakcrest Drive should be extended across this site into Wingate Park. 4. This application is scheduled for public hearing by the City of Meridian Planning Commission on March 14, 1995. If the annexation is approved and development proceeds, the Dis- trict will provide the following recommendations to the City of Meridian: SPECIAL RECOMMENDATION TO CITY OF MERIDIAN: 1. The District recommends that the parcel be dedicated to the City of Meridian as a pedestrian and bike path to be connected to Chateau Drive to serve this neighborhood with pedestrian access to the recently approved Avest Plaza Commercial Subdivi- sion on Fairview Avenue to the south. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 50-feet of right-of-way for E. Oakcrest Drive cross- ing the parcel. The owner will not be compensated for this additional right-of-way. The dedication may be made by Warrantee Deed or by including it in a future phase of Wingate Place Subdivision. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Annexation & ZC Dixie Lane n/o Fairview RT to R-8 March 6,1995 Page 3 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: Karen Gallagher DATE OF COMMISSION APPROVAL: MAR 0 8 1995 ;• i ±---- - - - - ~p' 7 - - _ Z• ~, _ I J^ ~- f Q i N ~_. -_ ~.- _ _ , ~ , _- -- ~ ~ - _ . a _ a _ w- _ ~ 1 ~ ,~`- ~"- • - ~. ~ ~--- - _ ~ ~ ~ '. N ~ ` - ~ _ . _ ~ ~ ~ t ] V t ~, ~-~-- - _ W ~~ L L.C~ r, ¢ C - C ~ Q ~ r ~ C ~ u N a13 ~ - _ - ~ Q ,-- !.L -- ,_ - - _ r ~~ _ H ., -- ~ . - - - ~~ - ---u--~ ---~-- _ \ 1 _~' ~i • adoa ~noa~ lsn~o~ .N ~, • 12 28 NW CORNER S i/2 N SEC. 5, T. 3N., R. tE., 8.ld. Q ~ ' FNp. 5%S° f.P. W/PLASTIC CAP, P.L.S. 972 ~ ~ -~' 27 ~ WOOD ~ 8 CHATEAU p S89' 44' 00" E ~ 20.00' PROPERTY ~ SCALE: 1 " =100' MEADOWS Q ~ 26 t g 10 ~ c~v EAST N0. 2 Z MONROE PROPERTY 25 ,,~ E. MEADOW WOOD ST. ,~ N 21 22 23 c 24 z ~/ 89' S0' 22" E i 10.00' .~ N ~ Q ~ tD ~ ~ 23 22 24 3 ~ Q > BARKER ~ a PROPERTY io N ... • W a ~~„ z MIRAGE a w 25 ~ ~ 21 W ~ X_ ~zz ~ ~ 20 3 26 W MEADOWS Z ~o N E. OAKCREST DR. b z SUBDI SION AKERSTROM PROPERTY 4 5 6 7 N89' 48' 59" W N89' 48' S9" W 10.00' 20.00' PAVE LEADER PROPERTY (FUTURE DOVE MEADOWS SUBD.) AVEST LIMITED PARTNERSHIP SW CORNER S t/2 PROPERTY NE 1 /a sw 1 /a SEC. S, T. 3N., R.1 E. B.M. FND. 5/8" I.P. W/PLASTIC CAP, P.L.S. 4347 ANNEXATTION AREA 1AlINGATE ANNEXAl1QN MAP CENTRAL •• DISTRICT ''ItHEALTH DEPARTMENT ~` ~ Return to: M~i~ (~ '{ ?~i ^ Boise ^ Ea fe REVIEW SHEET Environmental Health Division ., g Rezone #$ ^ Garden city ,Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat GJInJ~~4-~ ~Nn~~=x X4-77 o.'~J ^ Acz • ~/ /I~ XA'/~7oN /ENO SON/i~//t>- p F /~/X/E" 1,~9y/E" EIS(' O~ ~f/~~ : /t'!~'7t1~oy/.S' .ScJj~!/iS/~.~ ^ I. We have 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. 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 ^ 8. 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 ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other .considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store 13. ^ child care center /~O 08/c;=CTldNS ~?/©~/i~P~ ~i/i'rnL Sc=w~Z Date: ~ /~7 /y~ Reviewed By: r CDHD 10!91 rcb, rev. I I/93 ill HUB OF TREASURE VALLEY s COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., Clty Clerk MAX YERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDI AN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO - -- SHARI STILES JOHN T. SHAWCROFT, waate water supt. Fire chief BOWERS KENNY W IDAHO 83642 IDIAN E ~- . r , ~, r;--. p ~,;-i ~ r~~ ~ ~' ~-'~ L :~~ ~' '~ ' ' . ~~ planner & Zoning Administrator . . , M R : z~ ;:; ,~ OHNSON M W.L. "BILL" GORDON, Police Chief JI J WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 ' Chairman • Planning d Zoning ~ ,_. _ ~`) Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD -, •' -.:, _~ ~;._:; IR Mayor ; . , 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 Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7. 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Annexation and Zoning of Dixie Lane BY: D W Inc LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision South of Kearney Place Subdivision North of Dove Meadows Subdivision JIM JOHNSON, P2 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 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 8t FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District has no comment on this annexation and zoning request. CITY PLANNER G?, f/./ _ Bill Henson, Assistant Water S~nerintendent Nampa & Meridian Irrigation D;stric_r ~l V ~~ MAR - 9 1995 CITY OF MERIDIAI r ~BcS l~ ~ FREDRIC V. SHOEMAKER COSHO, HUMPHREY, GREENER Sr WEL Attorneys at Law ~ 815 West Washington Street.. Carnegie Library Building~~`~ Boise, Idaho 83702 Telephone: (208) 344-7811 Attorneys for Plaintiffs Cp°Y nt0, ~ '~~ ~/J APR I~~~ y U ''~~~o ~ A~~yH ~WARC~ ~~ /,~y ~~ ~`~'v IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA GORDON R. WOOD and MARGARET M. ) WOOD, husband and wife, DAN ) WOOD, an individual, NORMAN R. ) BARKER and DONNA D. BARKER, ) husband and wife, and ALBERT E.) MONROE and MAXINE M. MONROE, ) husband and wife, ) ) Plaintiffs, ) vs. ) PHYLLIS R. AKERSTROM, an ) individual, RICHARD T. ) AKERSTROM, an individual, ) IDAHO POWER COMPANY, ) an Idaho corporation, ) and JOHN DOES 1-4, being the ) unknown heirs of John Post ) and Florilla E. Post, ) Defendants. ) Case No. 97221 FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT THIS MATTER having come regularly before the Court on this ~~ day of April, 1994, upon application of the ?laintiffs and FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 1. F:'9lsi~'J,:t,'.., t~o~xiF:ndingslf6928-V2! Plaintiffs' counsel, and based upon the verified Complaint, the Affidavit of Fredric V. Shoemaker, Affidavit of Chuck Smith, the Affidavit of Publication and proof of service, the Court FINDS, CONCLIIDES, ORDERS AND ADJIIDGES as follows: I. Plaintiffs in this action are Gordon R. Wood and Margaret M. aloud, husband and wife, Dan Wood, an in~.ividual, Norman R. Barker and Donna D. Barker, husband and wife, and Albert E. Monroe and Maxine M. Monroe, husband and wife, sometimes hereinafter referred to as "Plaintiffs". Defendants are Phyllis R. Akerstrom, an individual, and Richard T. Akerstrom, an individual, sometimes collectively referred to herein as "Akerstroms", Idaho Power Company, an Idaho corporation, and the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased. II. On November 3, 1993, a verified Complaint to Quiet Title was filed by Plaintiffs against the Akerstroms, Idaho Power Company, and the unknown heirs of John Post and Florilla E. Post, both deceased, for the purposes of quieting title to certain lands and rights thereto for certain property located in Ada County, Idaho, commonly known as a portion of "North Dixie Lane", together with certain property immediately abutting a portion of North Dixie Lane to the west. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 2. FV3/sir/00/0~/?alrtoodFindings-(6928-02- III. Although not a party to this action, the Ada County Highway District, a political subdivision of the State of Idaho has, through the Affidavit filed by Chuck Smith, its Senior Right-of- Way Agent, dated October 5, 1993, confirmed the status of North Dixie Lane as a private roadway, which Affidavit also expresses that. the Ada County Highway District has no interest or claim to any portion of North Dixie Lane. IV. From the files in this matter, it appears that Defendant Richard T. Akerstrom was served with a Summons and Complaint on November 4, 1993 and Phyllis R. Akerstrom was served with a Summons and Complaint on November 10, 1993. Defendant Idaho Power Company was served, pursuant to an Acceptance of Service dated November 8, 1993. v. The Defendants Akerstroms, their attorney, Plaintiffs, and their attorney, have entered into and have filed with this Court a Stipulation regarding Richard T. Akerstrom and Phyllis R. Akerstrom parcel dated February 28, 1994, which the Court has reviewed and which sets forth the respective rights and responsibilities of the Plaintiffs and the Akerstroms with respect to North Dixie Lane and the property abutting North Dixie Lane to the west. FINDINGS OF FACT, CONCLUSIONS OF LAYJ AND JUDGMENT, Page 3. FV3/slr/04/0:!%4iWOCCFindings)169'_9-02) vi. Based upon the Affidavit of counsel and the verified Complaint, this Court signed an Order for Service by Publication dated February 4, 1994, authorizing service by publication upon the heirs of John Post and Florilla E. Post, husband and wife, now deceased, and it appearing from the files and records in this proceeding that said heirs were duly and lawfully served by publication in the Idaho Statesman for four (4) consecutive weeks beginning with February 12, 1994 and ending on March 5, 1994, and no answer or other responsive pleading has been presented to or filed with this Court, the relief sought in Plaintiffs' Complaint as against these Defendants should be granted. VII. Plaintiffs Gordon R. Wood and Margaret M. Wood, husband and wife, and Dan Wood (collectively "Woods"), are residents of the County of Ada and own the real property described in Exhibit "A" hereto (the "Wood Parcel"). VIII. Plaintiffs Norman R. Barker and Donna D. Barker, husband and wife (''Barkers"), own the real property described in Exhibit "B" hereto (the "Barker Parcel"). IX. Plaintiffs Albert E. Monroe and Maxine M. Monroe, husband and wife ("Barkers"), own the real property described in Exhibit "C" hereto (the "Monroe Parcel"). .. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 4. X. • Defendants Akerstroms are residents of the County of Ada and own the real property described in Exhibit "D" hereto, hereinafter referred to as the "Akerstrom Parcel". XI. The Plaintiffs claim no interest and have no interest to or in the Akerstrom Parcel. XII. North Dixie Lane is located in the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, and is legally described as follows: A strip of land 20 feet wide, being the West 20 feet of the South 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. A portion of North Dixie Lane abuts the Akerstrom Parcel immediately to the west and is legally described as follows: Commencing at the Southwest corner of the Northeast 1/4, Southwest 1/4, Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145 feet;. thence East 20 feet; thence South 145 feet; thence West 20 feet to the POINT OF BEGINNING. This portion~of North Dixie Lane is referred to in the Stipulation and shall be referred to herein as the Akerstrom Access. FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 5. _,. .,.~..~_._...a ,,, BIII. Plaintiffs own in fee simple and are entitled to the quiet and peaceful possession of North Dixie Lane by virtue of a Deed dated March 17, 1908, recorded March 18, 1908, as Instrument No. 19088, recorded in Volume 70, at page 158, records of Ada County, Idaho, and the Stipulation dated February 28, 1993, subject however to the following: (a) A permanent and perpetual easement hereby granted unto the Akerstroms, their successors and assigns, for the quiet, peaceful and non-exclusive use of the Akerstrom Access for purposes of pedestrian and vehicular access to the Akerstrom Parcel, as same may be necessary and reasonable to provide access to a public right-of-way through other lands not owned by any party to this litigation, but which the Court having taken judicial notice, constitutes an extension of Dixie Lane to the south, which runs generally in a southerly direction, having as its northerly terminus the southerly terminus of North Dixie Lane and as its southerly terminus the Fairivew Avenue public right- of-way. Said lands, referred to herein as South Dixie Lane and the ownership thereof, was not the subject matter of Plaintiffs' Complaint and is not the subject matter of this Judgment; and (b) The rights of Idaho Power Company as the grantee and beneficiary by reason of an easement recorded for its benefit as Instrument No. 168008 on February 17, 1936, and an easement recorded as :Lnstrument No. 156390, recorded on March 29, 1934, under authority of which Defendant Idaho Power Company has installed poles, lines and other electrical apparatus pursuant to those easements and to which easements and rights thereunder Plaintiffs and Akerstroms are subject and subordinate to. xiv. Plaintiffs shall not interfere with Akerstroms, their successors or assigns, in respect to their peaceful and quiet use of the Akerstrom Parcel and the Akerstrom Access for purposes of providing pedestrian and vehicular access to the Akerstrom Parcel for residential purposes. XV. John Post and Florilla E. Post, husband and wife, now deceased, were the last persons having an express recorded grantee's interest in the following described real property, sometimes referred to herein as the "Ten Foot Strip", which immediately abuts and adjoins North Dixie Lane and the Akerstrom Access to the west: A strip of land ten feet wide, being the East ten feet of the South Quarter of the Northwest Quarter of the Southwest Quarter of Section 5, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho. XVI. Based upon the Stipulation and- the verified Complaint, Plaintiffs are the owners in fee simple and are entitled to the quiet and peaceful possession of the Ten Foot Strip by~ reason of their succession to the interest of Plaintiffs Woods, together FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 7. '%~!sl:,,;/C:~~4iwocC:'irdings)i692A-02) v ~ /~ with Woods' predecessors-in-interest, who have had the exclusive, complete, actual, open notorious, hostile and continuous possession of the Ten Foot Strip adverse to the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased, and all other parties and persons for the requisite statutory period, to wit: five (5) years. gVII. Plaintiffs are entitled to judgment against Defendants, Idaho Power Company, Akerstroms, and the unknown heirs of John Post and Florilla E. Post, husband and wife, now deceased, subject to those Defendants' respective rights and easements as set forth hereinabove, and each party shall bear their respective costs and attorneys fees, except that the cost of recording this Judgment shall be borne by Plaintiffs. XVIII. The foregoing constitutes this Court's Findings of Fact, Conclusions of Law, and Judgment. quieting title. IT IS SO ORDERED, ADJUDGED AND DECREED. DATED this ,~_ day of April, 1994. Q. ~. CAREY Honorable George D. Carey '~~-h of roao - "..~ ~~ .' - ~ oouwrv of is '. .• _ s. 1.1 DIIV~ RAYIr1D. 01~~ TR ~~~«~~~ a~ . . • v ~ ,pM1wT aR TFIE ~rATE of IOIrO~ r Mo /COI 11il~lRr ~ ~ ~ ~~ ... cE~r 1-+~r Tt~ Fo~oowa r ~ tws~f ooaaT aarv a wE ANAL !k -0NI<tNTNAOFFIGE. V '~ ~ NAVE H TO ~T ~ AIID Y • - NI WI1T1f~N VMIEPEOF, ,19 r r ~ aRIC1~L~L E~_ :.AYOf e~ '~ ~. RAO. q.ElIK „d. -~- ?VTY er ^a i A parcel of land being a portion of the N 1/2 of the NE 1/4 SW 1/4 of Section 5, T.3N., R.lE., B.H., Ada County, Zdaho, and more particularly described as follows: Beginning at a brass cap marking the Northwest corner of the SW 1/4 of said Section 5; thence South 89°38'58" East 1326.59 feet al•~nq the Northerly boundary of said SW 1/4 to an iron pipe marking the Northwest corner of the NE 1/4 SW 1/4 of said Section 5; thence South 00°26.55" West 403.74 feet along the Westerly boundary of said NE 1/4 SW 1/4 tc an iron pin, said point being the REAL POINT OF BEGINNING; thence continuing South 0°26'55" West 254.51 feet along the Westerly boundary of said NE 1/4 SW 1/4 to an iron pin, making the SW corner NW 1/4 NE 1/4 SW 1/4 of said Section 5; thence South 89°44'00" East 270.00 feet along the Southerly boundary of said N 1/2 NE 1/4 SW 1/4 Section 5 to an iron pin; thence leaving said Southerly boundary North 0°26'55" East 253.65 feet along the Westerly boundary of proposed Kearney Place Subdivision to an iron pin; thence North 89°33'05" West 270.00 feet along the Southerly boundary of said proposed Kearney Place Subdivision to the point of beginning, comprising of 1.57 acres more or less. EJCHIBIT a !~ THE SOUTH ONE HALF OF THE NORTHEAST QUAR'rlrit OF THE SOUTHWEST QUARTER, OF SECTION 5, TOWNSHIP 3 NURT[l, RANGE 1 EAST, B.M., ADA COUNTY, STATE OF IDAHO. ' EXCEPT, THEREFROM: THE SOUTii 145 FEL•''T OF T(IE W'.c'ST 30U FEET; ..t ALSO EXCEPT THEREFROM: THE WEST 20 FEET. ALSO EXCEPT THEREFROM: ' PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-ML•RIUTAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE S 1/4 CORNER OF SF;C1'ION 5, 'I'UWNS[iIJ~ 3 NORTII, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY; 't'IiL•'Nr_E NORTH 26' S0" EAST, ALONG '1'IiE CL•'N1'L'lt SI:C'1'IUN I.INL•' 1.U07 .Of3 E'EET TU A STEEL PIN, TEIE REAL POINT c)t' I3L•'CiNNiNC; TlitNCc NORTH 26' S0" EAST, 1G5. UO FEET; TiIENCIi NORTH 89 DEGREES 42' lU" WEST, 13UG . 42 i~ t:l."I'; 1'11I:NCC SOUTH 26' 30" WEST, 165.00 FEL•:'I'; '1'i11:N(.'1 SOUTH 89 DEGREES 42' 10" EAST, I:tut,.4l L•'t:l:'1' '1't) TI1E liC:11L POINT OF BEGINNING. EXHIBIT .. r _-~ Part of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the S 1/4 corner of Section ,5, Township 3 North, Range 1 East, Boise-Meridian, Ada County; thence North 26'0" East, along the center section line 1807.08 feet to a steel pin, the real point of beginning; thence North 26'50" East, 165.00 feet; thence North 89 ° 42' 10" West, 1306.42 feet; thence South 26'30" West, 165.00 feet; thence South 89° 42'10" East, 1306.41 feet to the real point of beginning. Excluding therefrom the following described real proper- ty, to-wit: A.parcel of land being a portion of the S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3 North, Range 1 East, Boise-Meridian, Ada County, Idaho, and more particularly described as follows:. Beginning at~a brass cap marking the Northwest corner of said SW 1/4; thence along the Northerly boundary of said SW 1/4 South 89° 38'58" East 1326.59 feet to the North- west corner of said NE 1/4 of~the SE 1j4; Thence along the Westerly boundary of said NE 1/4 SW 1/4 South 0°26'55" West 658.25 feet to the Northwest corner of said S 1/2 NE 1/4 SW 1/4; Thence along the Northerly boundary of said S 1/2 NE 1/~: SW 1/4 South 89°44'00" East 20.00 feet to the real point of beginning; Thence continuing along said Northerly boundary of the S 1/2 2dE 1/4 SW 1/4 South 89°44'00" East 66.54 feet; 't'hence leaving said Northerly boundary of said S 1/2 NE 1/4 SW 1/4 South 24°18'17" East 115.14 feet to a point of curve; Thence along a curve to the left 65.36 feet, said curve having an interior angle of 72°01'07", a radius of 52•.00 feet and a long chord bearing of South 29°41' 10" t~:est 61. i4 feet; EXHIBIT .. ~ ~ J Thence North 89°32'40" West 84.,88 feet to a point lying 20.00 feet Easterly of the Westerly boundary of said S 1/2 NE 1/4 SW 1/4; Thence parallel to and 20.00 feet Easterly from said Westerly boundary of said S 1/2 NE 1/4 SW 1/4 North 0°26'55" East 157.69 feet to the point of beginning of the above described parcel, comprisinq~•0.33 acres, more or less. Subject to all existing easements and rights-of-way of~ record or appearing on the above described parcel of land. E EXHIBIT "D" A portion of the Northeast Quarter of the Southwest Quarter, Section 5, Township 3 North, Range 1 East. Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the SW corner of the NE 1/4, SW 1/4, Section 5. Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145.00 feet; thence East 300.00 feet; thence South 145.00 feet; thence West 300.00 feet to the POINT OF BEGINNING; except, however, the West 20.00 feet. i~> 17 1 12 11 ~ 8 CHATEAU MEADOWS g 10 EAST N0. E. MEADOW WOOD ST. 21 I 22 22 MIRAGE 21 20 MEADOWS z E. OAKCREST DR. _ r 28 N. r NW CORNER S t/2 W NE t /4 SiM1' ~ , 4 > SEC. 5. T. 3N., R. tE.. B.M. Q ~ I FNO. 5%8" I.P. w/PLASTIC 27 CAP, P.L.S. 972 W p S89' 44' 00" E WOOD ' ~_ 20.00' PROPERTY ~ N SCALE: 1 " =100' J 26 t a Z ~ f ' ~ MONROE y PROPERTY 25 W m ~, 24 i 23 89' S0' ZZ' E 10.00' ,.~ N ~ Q (D ~ ,~ 3 Q 24 ~ '~ a P N v ,• Y/ W 25 '~.\ Q c \--~.1_v~ ~ W '+,. ~ ~ X ~ 3 ~ ~ ~ 2 26 W _~ m N 0 z ~~~wGSbM AKERSTROM PROPERTY 4 5 6 7 ; '; N89' 48' 59" W N89' 48' S9' W ' 1.0.00' 20.00' DAVE LEADER PROPERTY AVEST LIMITED PARTNERSHIP ~ c~(N~TS RE DOVE MEADOWS SUBD.) PROPERTY NE ~ /a sw , /a SEC. S, T. 3N., R.tE., B.M. FNO. 5/8~ I.P. W/PLASTIC CAP, P.LS. 4347 ® ANNEXATTTON AREA 1MNGATE ANNEXAl10N MAP 1 9 - ACAO DWG. ~NINANNF BARKER ROPER " 10 FOC3T' STa ~ , Fbsr P2DP. ' t o MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 11 1995 APPLICANT: D W INC AGENDA ITEM NUMBER: 5 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW f~ i ~~,~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: gll Materials presented at public meetings shall become property of the City of Meridian. r BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION J-U-B ENGINEERS, INC. ANNEXATION AND ZONING S 1/2 OF TAE NE 1/4 OF THE SW 1/4 OF SECTION 5, T.3N.,R.lE., B.M., ADA COUNTY MERIDIAN, IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on March 14, 1995, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Council having heard and taken oral and written testimony and the Applicant appearing through his representative, Gary Lee, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2j consecutive weeks prior to the said public hearing scheduled for March 14, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 14, 1995, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations; 2. That the property included in the application for FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 1 ^ i annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is 0.40 acres in size; it is located east of Mirage Meadows Subdivision, south of Rearney Place Subdivision and North of the proposed Dove Meadows Subdivision. 3. That the property is presently zoned by Ada County RT (Rural Transition); that the Applicant requests that the property be zoned R-8. 4. This 0.40 acres will be combined with the presently approved Wingate Park Subdivision. 5. That the adjacent lots in this subdivision will be altered slightly to include the additional 20 to 30 feet of what is now Dixie Lane. 6. That this annexation will allow the extension of public water from East Oakcrest Drive into Wingate Park Subdivision. 7. That this zoning is desirable at this location as this property is situated next to R-8 zoning to the north, west and east and is planned for the proposed Dove Meadows Subdivision. 8. That this zoning request and annexation will comply with the Meridian Comprehensive Plan. 9. That the owners of record are Albert E. and Maxine Monroe, Norman and Donna Barker, Gordon and Margaret Wood and Dan Wood and they have requested the annexation and consented to the Application. 10. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 2 . , 11. There were no property owners in the immediate area that testified objecting to the Application. 12. That Engineer, Gary Lee addressed the Commission on behalf of Dan Wood, the Applicant. 13. Mr. Lee stated that the property in question consists of a 20 foot wide strip along parcels owned by Monroe, Barker and Kinkerstrom; that the piece of ground is known as Dixie Lane, and that the ownership of the property was in question and without clear title; that at the suggestion of the City Attorney, Wayne Crookston, Dan Wood proceeded with a quiet title action and was successful in obtaining ownership along with the Wood's, Monroe's and Barker's. 14. That the City Planning Director, Shari Stiles, and the Assistant City Engineer, Bruce Freckleton, submitted comments regarding this application. 15. That any existing irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 11-9-605.M.; that continuation of the 20 foot pedestrian access included in the Avest preliminary plat must be maintained through to E. Oakcrest Drive; that the connection of Dixie Lane to Chateau Drive would be desirable for a pedestrian access; that applicant will need to coordinate with the Ada County Highway District for continued access and or removal of the barricades from E. Oakcrest Drive to allow access to all properties currently using Dixie Lane as a vehicle access from Fairview Avenue. 16. That the Ada County Highway District (ACHD) submitted FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 3 site specific requirements and they are incorporated herein as if set forth in full which included the dedication of 50 feet of right-of-way for E. Oakcrest Drive crossing the parcel; that this dedication may be made by Warrantee Deed or by including it in a future phase of Wingate Place Subdivision. 17. That Nampa Meridian Irrigation District, Central District Health Department, Meridian Police Department and Meridian City Fire Department submitted comments and they are hereby incorporated herein as if set forth in full. 18. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-22Z, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application under Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 4 Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the annexation application has been initiated by the owners and the annexation is not upon the initiation of the City of Meridian. 7. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. 8. That the annexation application has been initiated by the Applicant, which is not the titled owner but the titled owners have consented to the annexation application; that the annexation is not upon the initiation of the City of Meridian. 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616 which pertains to development time schedules and requirements and 11-9-605 M, Piping of Ditches; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that as a condition of annexation, the Applicant, or if required, any assigns, heirs, FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 5 executors or personal representatives, shall pay, when required, any development fee or transfer fee adopted by the City. 10. Therefore, based on the Application, the testimony and evidence, these Findings of Fact and Conclusions, and the Ordinances of the City of Meridian it is ultimately concluded that Applicant's property should be annexed and zoned R-8; that the conditions should b~e those stated above and upon issuance of final platting and other conditions to be explored at the City Council level; that such annexation would be orderly development and reasonable if the conditions are met; that the property shall be subject to de-annexation if the requirements of these Findings of Fact and Conclusions of Law are not met. 10. That all ditches, canals, and waterways required to be tiled by City Ordinance shall be tiled as a condition of annexation and if not so tiled the property shall be subject to de-annexation. 11. With compliance of the conditions contained herein, the annexation and zoning or R-8, Residential would be in the best interest of the City of Meridian. 15. That if the conditions of approval are not met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 6 ~. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and waterways as a condition of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC. Page 7 i MERIDIAN PLANNING 8 ZONING COMMISSION MEETING: MARCH 14.1995 APPLICANT: D W INC AGENDA ITEM NUMBER: 9 REQUEST: REQUEST FOR ANNEXATION AND ZONING OF R-8 FOR 40 ACRES AGENCY 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: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ' HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA n e B CITY OF MERIDIAN I r THS P.E. Ci y E ®i GARY E SMI WALT W. M ORROW BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, waste water Supt. planner s Zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief , Phone (208) 888433 • FAX (208) 887813 JIM JOHNSON Chairman -Planning 8 Zoning WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: March 10, 1995 To: Mayor, City Council, Planning & Zoning - ~ - From: Bruce Freckleton, Assistant to City Engineer ~~- Shari Stiles, P&Z Administrator Re: Annexation and Zoning of R-8 for Dixie Lane by D.W., Inc., Dan Wood We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. SITE SPECIFIC COMMENTS -PUBLIC WORKS DEPARTMENT Sewer and water for the balance of the Wingate Place Subdivision will cross this strip of land being proposed for annexation. SITE SPECIFIC COMMENTS -PLANNING DEPARTMENT 1. Continuation of the 20' pedestrian access included in the Avest preliminary plat must be maintained through to E. Oakcrest Drive. 2. Connection of Dixie Lane to Chateau Drive would be desirable for a pedestrian access; this should be fully explored. 3. Dixie Lane is currently being used as a vehicle access from Fairview Avenue. Coordinate with ACRD for continued access and/or removal of barricades from E. Oakcrest Drive to allow access to all properties. HUB OF TREASURE VALLEY OFFICIALS A GOOd PIaCe t0 L1Ve WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chfef IDAHO 83642 MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR.. Attorney , Phone (208) 888-0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX VERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning 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 Planning S: Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Annexation and Zoning of Dixie Lane BY: D W Inc LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision. South of Kearney Place Subdivision North of Dove Meadows Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P/Z 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 ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8r. FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) fNTERMOUNTAIN GAS(PREUM 8 FINAL PLAT) BUREAU OF R LAMATIO~I(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARK n ~ RECEIVED FE B 2 ~ 1995 c~rv of HEx~DUr HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A GOOd PIaCe LO L1Ve RONALD R. TOLSMA JANICE L. GASS, City Treasurer GARY D. SMIBTHR P'E. CityiEngineer CITY OF MERIDIAN ROBERTRD.ICORRIE WALT W. MORROW BRUCE D. STUART, Water Works Supt. SHARI STILES JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO Planner 8 Zoning Administrator KENNY W. BOWERS. Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 RECEIVED Chairman • Planning 8 Zonirs Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD F E 8 2 3 1995 Mayor CITY OF MERIDIAN 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 Planning ~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14!95 REQUEST: Annexation and Zoning of Dixie Lane BY: D W Inc LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision. South of Kearney Place Subdivision North of Dove Meadows Subdivision 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 606 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.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES Z _ Z Z ~ Dy OTHER: YOUR CONCISE REMARKS: 7' %, c' I~///V .ft X /.l- ~ J~ KJr G L .~. ~ L.2%li ~i. ~ ~~ ~ ~ i 4 ~I ~ n ®~uv 1- JAMES E. BRUCE, President ~ 1 SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary ,/~/ T0: ACHD Commission a INTER-DEPARTMENT CORRESPONDENCE MAWINGAT/DSTECH 3-8-95 DATE: March 6, 1995 FROM: Development Services SUBJECT: Annexation & Zone Change Dixie Ln n/o Fairview R-T to R-8 (Applicant - D.W., Inc., Dan Wood, 2119 E. Chateau, Meridian, ID 83642) (Representative - J-U-B Engineers, Inc., Gary Lee, P.E., 250 S. Beechwood Ave., Suite 201, Boise, ID 83709) - N FACTS & FINDINGS: 1. The applicant is requesting approval change for a portion of Dixie Lane, arty contains approximately 0.4-acre City of Meridian corporate limits located approximately 1/4 mile north 1/4 mile east of Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.4 ZONING - Residential RT (existing Residential R-8 (requested) TRAFFIC ANALYSIS ZONE - 265 of an annexation and zone a private Road. The prop- s and is adjacent to the on ali sides. The site is of Fairview Avenue and L.F. OF FRONTAGE ON E. Oakcrest Dr. - 50 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - None shown EXISTING RIGHT-OF-WAY - 0-feet REQUIRED RIGHT-OF-WAY - 50-feet (25-feet from centerline) Oakcrest Drive terminates at this parcel's west property line in a "Tee" and is improved with a 36-foot back-to-back street section, curb, gutter and 5-foot sidewalk on both sides. IMPACT FEE BENEFIT ZONE - WEST ADA IMPACT FEE ASSESSMENT DISTRICT - WESTERN CITIES ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Annexation & ZC Dixie Lane. n/o Fairview RT to R-8 March 6, 1995 Page 2 3. The developer plans to rezone the property from R-T to R-8. This 0.40-acre parcel is proposed to be combined with the presently approved Wingate Park Subdivision. If approved, the adjacent lots in this subdivision will be altered slightly to include the additional 20 to 30-feet of what is now Dixie Lane, a private road. There is no mention of what is proposed for Oakcrest Drive. In staff's opinion Oakcrest Drive should be extended across this site into Wingate Park. 4. This application is scheduled for public hearing by the City of Meridian Planning Commission on March 14, 1995. If the annexation is approved and development proceeds, the Dis- trict will provide the following recommendations to the City of Meridian: SPECIAL RECOMMENDATION TO CITY OF MERIDIAN: 1. The District recommends that the parcel be dedicated to the City of Meridian as a pedestrian and bike path to be connected to Chateau Drive to serve this neighborhood with pedestrian access to the recently approved Avest Plaza Commercial Subdivi- sion on Fairview Avenue to the south. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 50-feet of right-of-way for E. Oakcrest Drive cross- ing the parcel. The owner will not be compensated for this additional right-of-way. The dedication may be made by Warrantee Deed or by including it in a future phase of Wingate Place Subdivision. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACHD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. Annexation & ZC Dixie Lane n/o Fairview RT to R-8 March 6, 1995 Page 3 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher • •1~1~ ~ •~~~+rT~ l~f~~1?~~~1• Y -' '-~ ~ ~- i J . : J n~~ ~ - ~ ~ ~ f X 7 ~ 1 ~ W Q ~ ~si«...L ~ 0 ZI I ~C ~~} Z ~ 3 ~ I I a ,-. < ' ~y ~- W l ~ ~ W ~ ~ _ _~ 4- ~ ml ~ (~Q - ~ ~ W O ( I J1 _ ~ _ --~-` - A~ Q~ I d I~ `~C-O J ~ W1 p Z ~ ~ -~ - _ -- ~ Il p ~. ~' ~ ~ I ~ 1 t /-... Y-z-J --~-- ~ ~ ~- ~ ~ ,~ ~ - ~ ~ N _ • ~ r. r ~ - Q - ~. t n 1 ~ a Q -_ ~ .-~ ~ i _ 4 ~'_ .~ ..~Q O _ - ~- ~ ~ ~+ z -_ - - ;,-~ w : ~ _ -_. o~.~, ~3c - ~ i i .~,~ _ r y / - \ •' ~ ` r 1, ~1 ,\ i • r V `~~`` / `, ~_ ~~ r u /J/ ., I tea. '`y ~ _ ~ .r / . c I ~ _ ~ - 1 ., c I `. ~~--G_._r ~: I3 4-- ` r. '_- - ~ 1 -- - ~~ = c --j C 7 Y _ _ ~ -- .- ...: -- = ~ ~- ~ -~ ' •~~ c ~ /~ ^~ - ~; `,- ;~ ^' O a a ~ ~ W _ ~ LL r Z - U W > ~,,,, ~ Z _ 3 i J L.~ i "N Z U ~_ c t O =M T O- ~_ u&i Z -~Z N Z ~t n1 i. r .may 17 ! 12 Q 11 W 18 CHATEAU n 'Z V MEADOW'S ~ g 10 EAST N0. 2~ Z E. MEADOW WOOD ST. 21 22 23 23 22 28 27 N. NW CORNER S 1/2 ~~.E t;a Sw 7;4 SEC. 5, T. 3N., R, tE., B.M. ~ ' FND. 5/8" LP. W/PLASTIC j CAP, P.L.S. 972 ! S89' 44' 00" E WOOD 20.00' PROPERTY /~ SCALE: 1 " =100' 26 N 25 W t N 24 ' ' C z " 19 2 50 E 2 10.00' .~. •- N D Q ~ O ~ so W H 24 3 Q > t ~ ~ a ~p N v • W O Z MIRAGE a. N ~ 21 w 25 ~ w ~ X_ i- ~ ~ 20 ~ 26 W MEADOWS Z N E. OAKCREST DR.oZ SUBDI SION 4 5 6 7 MONROE PROPERTY N89' 48' 59" W N89' 48' S9' W 10.00' 20.00' PAVE LEADER PROPERTY (FUTURE DOVE MEADOWS SUBD.) AVEST LIMITED PARTNERSHIP sw coRNER s ~/z PROPERTY mac, s T.W3N/4R.1E, B.M. FND. 5/8" I.P. W/PLASTIC CAP, P.LS. 4347 ANNEXATTION AREA YYtNGATE ANNEXAl10N MAP 1 9 ACAO DWG. MANANNE7 BARKER PROPERTY AKERSTROM PROPERTY CENTRAL •• DISTRICT PI'rHEALTH DEPARTMENT Rezone # ~, ~` Return to: alb Q ~ "f _`.;i ^ Boise ^ Eagle ^Garden city Meridian Conditional Use # ^ Kuna Prelimina/ry~,/Final /Short Plat f,.Jlnl~r4-~ 1t'NN~=x ~4--Tt ~~.! ^ ACZ _ -" ~/~~'X~-7oN /AND ~~N/n~~- p~ ~/X/E L.~9-r/~ ~i¢Si d ~ /tf/~~' /t'1~7t1~ 4 v/S .S~J j~ ~ /iS 1 ~sr~ ^ I. ^ 2. ^ 3. ^ 4. REVIEW SHEET Environmental Health Division We have Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. 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. 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 ^ 8. 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 ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. 0 08 G.GndNS /©`~i~~~ ~L ,SLw~/Z Date: .~ /a~7 /y.~ /s .~W~j ab c • Reviewed By: ~ CDHD 10/91 rcb, rev. I I/93 OFFICIALS 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. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO t _- _ _ SHARI STILES MERIDIAN, IDAHO 83642 ~ ..:._:. , _ - _ _, , ~ `_ ~ h~;j Planner 8 Zoning Administrator JIM JOHNSON Phone (208) 888433 ~ FAX (208) 8874813 _ - Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-22I 1 ,- . '_ ,j GRANT P. KINGSFORD Mayor - .. 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 Planning Sr Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: March 7. 1995 TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95 REQUEST: Annexation and Zoning of Dixie Lane BY: D W Inc - LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision. South of Kearney Place Subdivision North of Dove Meadows Subdivision 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, C1C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER 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.(PRELIM 8~ 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: Nampa & Meridian Irrigation District has no comment on this annexation and zoning request. CITY PLANNER /~t/~ c= _ Bill Henson Assistant Water Superintendent Namga & Meridian T riQation DiGrricr ~~~g~~D MAR - 9 1995 NUB OF TREASURE VALLEY COUNCIL MEMBERS A GOOd PIaCe tO L1Ve RONALD R. TOLSMA CITY OF MERIDIAN WALTW MIORROW CITY OF MERIDIA Q Q ~ v ~~ 1- JAMES E. BRUCE, President SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary TO: ACHD Commission INTER-DEPARTMENT CORRESPONDENCE MAWINGAT/DSTECH 3-8-95 DATE: March 6, 1995 FROM: Development Services SUBJECT: Annexation & Zone Change Dixie Ln n/o Fairview R-T to R-8 (Applicant - D.W., Inc., Dan Wood, 2119 E. Chateau, Meridian, ID 83642) (Representative - J-U-B Engineers, Inc., Gary Lee, P.E., 250 S. Beechwood Ave., Suite 201, Boise, ID 83709) N FACTS & FINDINGS: 1. The applicant is requesting approval change for a portion of Dixie Lane, erty contains approximately 0.4-acre City of Meridian corporate limits located approximately 1/4 mile north 1/4 mile east of Locust Grove Road. 2. GENERAL INFORMATION: LEAD AGENCY - City of Meridian ACRES - 0.4 ZONING - Residential RT (existing Residential R-8 (requested) TRAFFIC ANALYSIS ZONE - 265 of an annexation and zone a private Road. The prop- s and is adjacent to the on all sides. The site is of Fairview Avenue and L.F. OF FRONTAGE ON E. Oakcrest Dr. - 50 FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - None shown EXISTING RIGHT-OF-WAY - 0-feet REQUIRED RIGHT-OF-WAY - 50-feet (25-feet from centerline) Oakcrest Drive terminates at this parcel's west property line in a "Tee" and is improved with a 36-foot back-to-back street section, curb, gutter and 5-foot sidewalk on both sides. IMPACT FEE BENEFIT ZONE - WEST ADA IMPACT FEE ASSESSMENT DISTRICT - WESTERN CITIES ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 Annexation & ZC Dixie Lane n/o Fairview RT to R-8 March 6, 1995 Page 2 3. The developer plans _to rezone the property from R-T to R-8. This 0.40-acre parcel is proposed to be combined with the presently approved Wingate Park Subdivision. If approved, the adjacent lots in this subdivision will be altered slightly to include the additional 20 to 30-feet of what is now Dixie Lane, a private road. There is no mention of what is proposed for Oakcrest Drive. In staf'f's opinion Oakcrest Drive should be extended across this site into Wingate Park. 4. This application is scheduled for public hearing by the City of Meridian Planning Commission on March 14, 1995. If the annexation is approved and development proceeds, the Dis- trict will provide the following recommendations to the City of Meridian: SPECIAL RECOMMENDATION TO CITY OF MERIDIAN: 1. The District recommends that the parcel be dedicated to the City of Meridian as a pedestrian and bike path to be connected to Chateau Drive to serve this neighborhood with pedestrian access to the recently approved Avest Plaza Commercial Subdivi- sion on Fairview Avenue to the south. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 50-feet of right-of-way for E. Oakcrest Drive cross- ing the parcel. The owner will not be compensated for this additional right-of-way. The dedication may be made by Warrantee Deed or by including it in a future phase of Wingate Place Subdivision. STANDARD REQUIREMENTS: 1. Submit site drainage plans and calculations for review and appropriate action by ACRD. The proposed drainage system shall conform to the requirements of the City of Meridian and shall retain all storm water on-site. 2. A right-of-way permit must be obtained from ACRD for any street or utility construction within the public right-of- way. Utility cuts should be combined where practical to limit pavement damage. Contact Construction Services at 345-7667 (with zoning file number) for details. r • Annexation & ZC March 6, 1995 Page 3 Dixie Lane n/o Fairview RT to R-8 3. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Karen Gallagher _~.. ~ _ - ~ ~~ ~~ __ 'i. Y ~ 3 ~a 3.r^N M n ~- i c~. L 3 ~ _ ~ I ~ _ _ ~' __ a,- _ - ~ l s~._L ; Z - ~ ~ ~ _ _ Q ~ ~, Q .-c-_ rL ~ w- i V W O I ~ ~p O `~ ~ ~ p.. W --- - ~- ~ ~ W i '~P`O .1- - J W ~ ~ a J1 , .. -- -- p ~ ~ ~ ~ I T _ f ` l ~ Q ~ ~ `; .~.. _._~ i V J _ r~ ~ r ~1 N _ ~ - _ v _ - - - _---~~ y^_ ~~ I ^•- N _,_ '_ i _ ~ ^ ~ _ ~ .1aJ _ •___---r--- 3 `° ~ ~~ . 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W/PLASTIC CAP, P.L.S. 4347 ANNEXATTION AREA WINGATE ANNEXAl10N MAP 18929 lY NW CORNERS t/2 r'.E t;s SW t/s I I SEC. 5, T. 3N., R, t E.. B.M. I FND. 5%8" I.P. W/PLASTIC CAP, P.LS. 972 1' S89' 44' 00" E WOOD ~ 20.00' PROPERTY SCALE: 1 " =100' ACIlO DWG. NINANNEX