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HomeMy WebLinkAboutEight Mile Lateral VAROFFICIALS WILLIAM G. BERG, Jr., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parke Supt. SHARI S. STILES, P & Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good PIBCe t0 LIVe RONALD R. TOLSMA MAX YERRINGTON CITY OF MERIDIAN ROBERT 0. WALTW. MORMOOR IE W WALT WROW P 3 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 JIM SHHEAREEARS I IM R Phone (208) 8884433 a FAX (208) 8874813 R 1* ``'' C° ED CHARLIE ROUNTREE TIMHEPPER Public Works/Building=$E Department (208) 887-2211 GRANT P. KINGSFORD N 4 V Z 8 1995 Maym 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 12, 1995 TRANSMITTAL DATE: 11/30/95 HEARING DATE: 12119/95- REQUEST: 2119/95REQUEST: Variance to waive requirement to pipe the Eight Mile Lateral BY: R.T. Nahas Co. of Idaho LOCATION OF PROPERTY OR PROJECT: North of 1-84. East of E 1st Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _,BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT _POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: R.T. Nahas Co. of Idaho Phone: 208-336-6661 (Owner or holder of valid option) ADDRESS: 102 South 17th St., Boise, ID 83702 GENERAL LOCATION: A portion of the SW1/4, Section 18, T.M., R.H., B.M. Ada County, Idaho LEGAL DESCRIPTION OF PROPERTY: Attached PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: CG VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This information is available from the County Assessor.) DESCRIPTION OF PROPOSED VARIANCE: Request that the city waive the requirement to pipe the Eight Mile Lateral and the Nine Mile Drain. The Piping these drains would impose undue hardship on the applicant which h `not been required of the remainder of the Central Valley Corpor a Park. SIGNATURE:' Date Received City Council Hearing Date Received by 0 • VARIANCE APPLICATION Central Valley Corporate Park No. 5 1. The property is located north of and adjacent to Interstate 84 and east of and adjacent to South East 1 st St. in the city of Meridian. 2. R.T. Nahas Co. of Idaho, 102 South 17th Street, Boise, Idaho, 83702 and Rafanelli & Nahas, 1 Bates Blvd., Suite 200, Orinda, CA 94563, are the owners/developers of Central Valley Corporate Park No. 5. 3. Same as No. 2. 4. Warranty Deed attached to Variance Application. 5. Legal Description attached to Variance Application. 6. The present land use for the property is vacant land. 7. Central Valley Corporate Park No. 5 is intended to be developed with retail and commercial businesses. 8. Nampa -Meridian Irrigation District. 9. Attached to Variance Application. 10. N/A. 11. Attached to Variance Application. 12. N/A 13. This ordinance requires the tiling of irrigation ditches, laterals or canals. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous or which canals, ditches or laterals touch either or both sides of the area being. subdivided, shall be covered, and enclosed with tiling, or other covering equivalent in ability to detour access to said ditch, lateral or canal. 14. The Eight Mile Lateral and the Nine Mile Drain run in a northwesterly direction through he eastern part of the site. The Eight Mile Lateral has an 80' right-of-way and runs approximately 1300' through the property. The Nine Mile Drain has a 60' right-of-way and runs approximately 200' through the easterly tip of the site. • 0 15. The flow through the Eight Mile Lateral at this site is 100 cfs per the Nampa -Meridian Irrigation District. This flow will not pass through a 48" pipe which is the maximum size pipe this ordinance requires to be used for tiling or covering of laterals. The Nine Mile Drain is used to drain groundwater from the site and surrounding properties. Piping of this drain, even with perforated pipe, could potentially raise the water table in the immediate area. Also piping or tiling of the Nine -Mile drain was not allowed by the Army Corps of Engineers for Central Valley Corporate Park No. 1 as it was deemed a wetland. 16. Same as No. 15. 17. Other commercial developments in this immediate vicinity such as Central Valley Corporate Park, Phase I and Phase III located directly north of this development have been able to develop without the covering or tiling of the Eight Mile Lateral that runs through them. 18. The Eight Mile Lateral was built to deliver irrigation water to the farmers in the area. The Nine Mile drain was built to keep the. ground water table from getting too high. 19. Same as No. 17. 20. Meridian Comprehensive Plan provides for the health, welfare and safety of the residents of Meridian City. We do not believe that the granting of this variance will detract in any way from the purpose or meaning of the Comprehensive Plan. 21. Fee = $257.92 ($250.00 + 1.32 x 6 for each certified mailing to be sent = total fee.) 22. Granting this variance would allow the applicant to develop the property in a similar manner as nearby properties without creating excessive economic costs which would inhibit development. The applicant will not create excess profit by this variance but will make the development more economically feasible. mis6varappcn.val r� W KUNA HIGHWAY E. 1 ST STREET (OLD ST. HWY. 69) n — 0 m r'a �o p00 0 o j ! D Z 0 �� ' z ► z z o � 0 D D OD �o LOCUST GROVE U November 3, 1995 Ms. Shari Stiles City Planner City of Meridian 33 E. Idaho St. Meridian, ID 83642 RE: Variance Application Central Valley Corporate Park No. 5 Dear Ms. Stiles: U I, Claudio Scalisi, hereby promise to post a legal notice of public hearing for the Variance hearing on the above described property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with the requirements of the City of Meridian. Claudio Scalisi ACKNOWLEDGMENT State of Idaho ) ) ss County of Ada ) On this 14 of _�%aCrrrb , 1995 personally appeared Claudio Scalisi, whose name is subscribed to the within instrument and who acknowledged to me that he executed the same. My bond expires" 99 6 November 1995 • 0 i . . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX # 208-888-6201 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Claudio Scalisi Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Flow in Nampa & Meridian Irrigation District's Eightmile Lateral through Central Valley Corporate Park Dear Claudio: I am writing this letter to confirm our telephone conversation of last week when I stated that the maximum flow in the Eightmile Lateral within Central Valley Corporate Park was 100 cfs. If you feel further discussion is required regarding this matter, please feel free to contact me'. Sincerely, Johnpja'-*-6 P. Anderson District Water Superintendent pc: Each Director Secretary of the Board 11D Bill Henson ! Dan Caldwell File I APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 1`J 0 Schedule A-1 — (Continue.: P=62111 LEGAL OESCRIPTION A parcel of lana lying in the !gest half of Section 18, Tonwsyip 3 "forth, Range 1 East, 3oise Meridian, Ada County, Idaho, and more particularly described as follows: 8eginnina at the brass cap inarkino the Northeast corner of the said West half of Section 18; thence South 0'27'58" West 2,669.34 feet along the Easterly boundary of the said West half of Section 18 to a brass cap marking the Southeast corner of the Northwest quarter of said Section 18, also said point being the Real Point of Leginni% ; thence continuing South 0'27'58" west 1,3:6.51 feet (formerly described as 1,352.69 feet) along the said Easterly boundary of the West half of Section 18 to an iron pin on the Northerly right-of-way line of Interstate Highway No. 84 Piorth, (formerly I -80N), Federal Aid Projects No. I-80ti-1(29)45 and +o. I-8ON-1(12)37; thence along the said Northerly right-of-way line of I -84N the following courses and distances: North 89'34'22" ,Jest 10.73 feet to an iron pin; thence North 67'4o' 17" :Jest 53.85 feet to an iron pin; thence North ;39'34'22" West 100.00 feet tc an iron pin; thence South 73°43'41" lvlest 104.41 feet to an iron pin; thence Morth 89'34'22" nest 541.14 feet to an iron pin; thence +forth 85°33'42" :Jest 641.45 feet to an iron pin marking a point of beginning of curve; thence Northwesterly along a curve to the right 654.14 feet, said curve having a central ancie of 16'47'35", a radius of 2,231.83 feet, tangents of 329.43 feet and a long chord of 651.3(: feet bearing Porth 77'21'44" gest to an iron pin marking a point of tangent; thence North 68'57'56" kvst 256.00 feet to an iron pin; thence leaving the said Northerly right-of-way line of I -84N North 33'57'56" West 65.53 feet to an iron pin on the Easterly right-of-way line of State Highway Pio. 69, Federal Aid Project No. S-3732(1); thence along the said Easterly right of way line of State Highway Pio. 69 the following courses and distances: North 1'02'04" East 222.84 feet along a line 70.00 feet Easterly of and parallel with the Westerly boundary of the Southwest quarter of said Section 18 to an iron pin; thence North 1'23'25" ;lest 228.51 feet to an iron pin marking a point of spiral; thence North 3'05'20" East 243.33 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 318.33 feet, said curve having a central angle of 16047145", a radius of 1,085.92 feet, tangents of 160.31 feet and a long chord of 317.19 feet bearing North 15'40156" East to a point on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 marking a point of ending of curve 60.00 feet right of centerline P.O.C. Sta. 445+14.18 of said State Highway No. 69; thence leaving the said Easterly right-of-way line of State Highway No. 69 continued on next page Stedu;e f{-2 - (Continue P-62111 'orth 39*42'17" East tformerly liorth 89'32'12" East) 27.51 feet (formerly described as 27.5 feet, more or less) along the said `Northerly bounaary of Government Lot 3 of the Southwest quarter of Section 18 to a point of beginning of curve; thence 3ortheasterly along a curve to the right 1.84 feet (formerly described as 2.3 feet, more or less), said curve having a central angle of 0'051570, a radius of 1,060.92 feet, tangents of 0.S2 feet and a long choro of 1.34 feet bearing North 24'44'35" East to a point of 85.00 feet right of centerline P.C.S. Sta. a45+28.43 of said State Highway ,1o. 69; thence ;north 28'59118" East 90.74 feet (formerly described as 90.3 feet more or less) 65.0 feet Southeasterly of and parallel with the centerline chord. of spiral to a point; thence North 61'18'41" West 24.94 feet (formerly described as 25.0 feet, more or less) to a point on the said Easterly rignt-of-way line of State Highway No. 69 and marking a point 50.0 feet right of Sta. 446+25; thence North 28'59118" East 8.12 feet along a chord of a spiral along the said Easterly right-of-way line of State Highway No. 69 to an iron pin; thence North 89'32' 12" East 21;0.00 feet to an iron pin; thence Noth 28059113" East 150.00 feet along a line Southeasterly of and parallel with the centerline chord of spiral of the said State Highway fdo. 69 to an iron pin; thence South 29°32'12" :West 199.70 feet to an iron pin on t{;e said Easterly right-of-way line of State Highway `.o. 69; thence along t;ie said Easterly right-of-way line of State Highway iso. 69 t1je following courses and distances: Forth 31'02'34" East 176.12 feet to an iron pin marking a point of spiral; thence North 28'5951" East 226.23 feet along a chord of a spiral to an iron pin narking a point of beginning of curve; thence Northeasterly along a curve to the left 339.87 feet, said curve having a central angle of 17040'29", a radius of 1,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing ;:orth 16'09119" East (formerly described as North 16'00'19" East) to an iron pin marking a point of ending of curve; thence North 3018'48" East 18.44 feet along a chord of a spiral to an iron pin; thence leaving the said Easterly right-of-way line of State Highway Pio. 69 North 89'31'22" East 538.23 feet (formerly described as North 89026120" East 538.29) feet along a line 407.05 feet (formerly described as 410.49 feet) Southerly of and. parallel with the Northerly boundary of the South half of the Northwest quarter of the said Section 18 to an iron pin on the Easterly boundary of Government Lot 2 of the said Northwest quarter of Section la; thence South 0'40103" nest 109.00 feet (formerly described as 105.48 feet) along the said Easterly boundary of Government Lot 2 of the Northwest quarter of Section 18 to an iron pin; thence North 39'31'22" East 1,265.53 feet (formely described as North 89026120" East 1,265.49) feet along a line 516.03 feet (formerly described as 515.94 feet) Southerly of and parallel with the said Northerly boundary of the South half of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way line of a certain County Road; thence continued on next page S!heduie A-3 — (Continue -b2111 South 0'27'58" ;lest 818.41 feet (formerly described as 818.56 feet) along the said westerly right-of-way line of a certain County Road, which is also along a line 50.00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89'42' 17" East (formerly described as north 890321120 East) 50.01 feet along the said Southerly boundary of the Southeast quarter of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way line of a certain County Road; thence South 0027158" West 816.41 feet (formerly aescribed as 818.56 feet) along the said Westerly right-of-way line of a certain County Road, which is also along a line .50.00 feet Westerly of and parallel with the said Easterly boundary of the W- st half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89'42'17" East (formerly described as ;North 89032'12" East) 50.01 feet along the said Southerly boundary of the Southeast quarter of the Northwest quarter of Section 18 to the point of beginning. Schedule B I. The follo,rInq are the requirements to be compiled with: i. Instr-,Ilirents necessary to create the as -Late Or interest -o ;e insured must'_;e properiv executed, deiivered and lui,/ died for record. or poi cies to :e 3ued 'o -j-l:I faction '!" e comi"anv: to the Fa zis. c ;r, -s'ize cr 7 Dr iims c,� ins es, r vnic� voulc' .ic.-irare survey or inspection of the premises. (d) i', : 'ien, or right to a lien, for services, labor, or material heretofore or hereafter furnished,:n;'Osed., acv and not shown by the public records. 'e) U n^,atentecl mining claims; reservations or exceptions in patents or in acts authorizing the issuance , L thereof; water rights, claims or title to water. M Taxes or assessments which are not shown as existing liens by the public records. 3. Special Exceptions: 1. general taxes for "Che sear lyiL;3, are liens, in "lie original SL, -,i of 1 74, Of 'NhiC.-I t, -e Tirst hdl'l is paiH- anc. the SeCun6 ,- hal of v,hic'd, not �ecoii-ie delincuent ..;"til 113-Urle e2fftn. Farce 2. Leneral 'axes for the ;ear 19r,A, -.A,,ic!, are lions, are not betcjue ano P '211 10 . - -ce charf;es an -i s--ecial aSsess.',ent pov;ers of tcte City Gf t"O si-ecial assessiperil ts noir; S',',()w of reeccrci. 4. Liens anti ass2sSI-PlitS Of L;ie followirr-_ district and the riclifts and �hEreof as proviuoa �v la%,i. x,,,,ers I .(j delinlL.L21I.Cles _spear in tne Countk, si, r i L; ,;'.a::,,ra teriz-.iii,-: continue:: on next Rd Jedule a — (Continue .n easement containing certain terms, conditions and provisions affecting a portior, of said ;;remises and for the purposes stated herein. For: the right to construct, operate, maintain, reconstruct and remove electric transmission, distribution and telephone circuits, or any of them, and their appurtenances, attaches to a single line of poles or other supports, with their incidental equipment. In Favor of: Idaho Power Company, a corporation Recorded: May 8, 1933 Instrument .No: 152702 Filed in: Book 13 of Miscellaneous Records at page 243 Affects: a portion in Hortheast quarter of the Southwest Quarter 6. Agreement executed by and between the parties herein named upon the terms, conditions and provisions therein provided. Bet;&en: Herbert H. Wolff and Blanche Wolff and the #NaEnpa x Meridian Irrigation District Dated: September 19, 1950 Recorded: September 27, 1950 Instrument No. 308281 Prcviding: a perpetual easement and right-of-way for the construction, maintenance, operating, buildino and repair of a grain ditch upon certain conditions and provisions. Affects: the northeast quarter of the Southwest quarter 7. an easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: a right of way and easement for the erection and continued operation, maintenance, repair, alteration, inspection and replacement of the electric transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, together with guys, crossarms and other attachments and incidental equipment thereon, and appurtenances, with the right to permit the attachment of the wires and fixtures of other companies or parties. In Favor of: Idaho Power Company, a corporation Recorded: October 22, 1962 Instrument No: 540612 Affects: The Southwest quarter of the Southwest quarter 8. Covenants, conditions, restrictions and easements contained in Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: June 12, 1963 Instrument no: 558158 As follows: Grantors agree that no buildings or structures, except irriga- tion or drainage structures, will be permitted to be constructed within 20 feet of the real property above described. Grantors further agree that no billboards or other advertising signs will be permitted closer than 100 feet from the real property above described, excepting signs pertaining to business established on land adjacent to the described real property. continued on next page • Aileduie P-62111 a — (Confinue• As a part of the consideration hereinabove stated, the grantor bargain, sell, convey and rel inqui sn to the !grantee all existing, furture, or potential common law or statutory easements of access between the right of way of the Public way identified as I -80N-1(12)37, and all of the contiguous remaining real property of the Grantor whether accuired by separate -conveyances or otherwise, of which the real property covered by this instrument is a part, where said remaining real property abuts on the North side of the said public way, except for: access to Frontage Road parallel and contiguous to State Highway No. 69 Frontage Road commences at Station 435+92+ and connects with State highway No. 69 right of Station 445+28.29. Affects: a portion of said premises lying in Government Lot 3 9. Covenants, conditions, restrictions and easements contained in Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: June 12, 1963 Instrwnent no: 558159 As follows: Grantors agree that no buildings or structures, except irrica- tion or drainage structures, will be permitted to be constructed within 20 feet of the real property above described. Grantors further agree that no billboaras or other auvertisin5 signs will be permitted closer than 100 feet from the real property above described, excepting signs pertaining to business established on land adjacent to the described real property. As a part of the cor.siueration hereinabove state, the grantor bargain, sell, convey and relinquish to the Grantee all existing, future, or potential common law or statutory easements of access between the right of way of the public way identified as I-80ii-1(12)37, and all of the contiguous remaining real property of the Grantor whether acquired by separate conveyances or otherewise, of which the real property covered by this instrument is a part, where said remaining real property abuts on the North side of the said public way. Affects: a portion of said premises lying in Government Lot 3 10. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: the purpose of constructing or installing thereon an access road In Favor of: State of Idaho and Clare c. Hunt and Pauline Hunt, husband and wife Recorded: June 12, 1963 Instrument No: 558161 Affects: a strip of land 25.0 feet wide adjacent and contiguous to and on the Easterly side of the might of Way boundary of State Hiahwav Wo. 69 Survey as shown on the plans of Interstate 80N. Project No. Highway survey 11. Agreement executed by and between the parties herein named upon the terms, conditions and provisions therein provided. Between: State of Idaho, Department of Highways and Herbert H. Wolff and Blanch M. Wolff, husband and wife Dated: May 10, 1963 Recorded: June 12, 1963 Instrument No. 558162 Providing: Grantors with temporary access for Farm and Resedential purposes only between their remaining land and State Highway 69. continued on next nage � SOe�u�e - —(Continue _ �� 1"'M%IIT7,iE,:r _u2111 17. An easeTent containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated herein. For: for the purpose of constructin5 thereon irrigation facilities together with the right and privilege of ingress and egress to and from said property for said purposes. In Favor of: The State of Idaho Recorded: April 21, 1965 Instrument No: 609585 Affects: a portion of said premiss in Government Lot 2 18. Relinquishment of right of access to highway No. 69 (except to frontage road) under terms of decree. In Favor Of: State of Idaho Recorded. April 21, 1905 Instrument no: 609505 Affects: that portion in Government Lot 2 19. An easement containing certain terms, conditions and provisions affecting a portion of laic Freuises ana for the purposes stated herein. For: a right of way and easement for the erection and continued operation, maintenance, repair, alteration, inspection and reel acenent of the electric transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, together �-Atn guys, crossarms and other attachments ana incidental eruipinent thereon, and appurtenances, with the right to permit the attachrient of the wires and fixtures of other companies or parties. In Favor of: Idano ?over Company, a corporation Recorded: December 30, 1964 Instrument No: 601471 Affects: the West 100 feet of the North 18 acres of the South 1744 feet of the West ha f of the Southwest quarter 20. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: the purpose of providing an access road Recorded: March 14, 1966 Instrument No: 634730 Affects: Aastrip of land 40.0 feet wide adjacent and contiguous to and on the Easterl side of the richt OT wboundary of ehwa No. 69 urvey as shown on the Q ans of Interstate HUN, project Ivo 80N 2 Hiahway Survey. 21. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: for the following purposes: the purposes of building a road for ingress and egress, said road being intended and capable of carrying all reasonable vehicular traffic and all other traffic which may be necessary to maintain and service business premises located adjacent to and appurtenant to said easement. Recorded: November 17, 1971 Instrument No: 788547 Affects: a 55 strip adjoining "Texaco Site' on the South Schedule 3 —(Continue: C019(N1TMEN1 .t02111 22. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: a right of way easement and the right to construct, operate, maintain and remove such coimnunication and other facilities. In Favor of: The fountain States Telephone and Telegraph Company, a Colorado corporation Recorded: December 2, 1974 In strunent No: 907417 Affects: a ten foot wide easement lying East of and continuous to the Easterly right of wa ane of Hiqhway 4b9 as shown on Federal is Project No. I -8 0N-1 237 beainnin at Station.420.00 thence North 6-51115u East a distance of 250 feet more or I ess to nrantor s North rooert the end o easement in to out west quarter o ection ownship s Nort anae East, Boise Meridian. 23. A Mortgage to secure an inaebtedness of $1,500,000.00, and any other amounts as therein provided, payable under the terms, conditions, provisions and stipulations thereof. Datea : January 7, 1953 Mortgagor: Glenbrook Properties, - a Nevada corporation Mzrtgagee: First Interstate Mortgage Company, a California corporation Recorded: January 11, 1983 Instrurent Sao: 6301706 24. If the liability of the policy(s) to issue exceed $500,000.00, this report is further subject to those additional items, if any, which may be required by Ticar Title Insurance Company, following a review of this report. 25. The proposed Deed or contract must be authorized by resolution of the directors of the herein named corporation and a certified copy submitted. Corporation: Glenbrook Properties, a Nevada Corporation, which is authorized to do business in the State of Idaho 26. We request a showing of authority of the officers executing the proposed indenture on behalf of the herein named corporation. Corporation: Glenbrook Properties, a Nevada Corporation, which is authorized to do business in the State of Idaho 27. The policy applied for is to insure a corporation which has not qualified to do business in the State of Idaho. The proposed deed/contract/deed of trust should not be executed and the policy will not issue until said corporation has qualified with the Secretary of State inaccordance with the statue. Corporation: Melvin Simon « Associates NOTE: There is no notice of record and therefore no search has been made for any unpaid assessments, charges or fees for sewer, water, garbage, irrigation and other ossible utility services. NOTE: If the proposed insured under concerning the coverage or exclusions pleased to provide an explanation. END OF EXCEPTIONS the policy to issue has any questions from coverage, the company will be 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 12, 1995 TRANSMITTAL DATE: 11/30/95 HEARING DATE: 12/19 /95 REQUEST: Variance to waive requirement to pine the Eight Mile Lateral BY: R T Nahas Co of Idaho LOCATION OF PROPERTY OR PROJECT: North of 1-84, East of E 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P2 _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, CIC _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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEA WILLIAM G. BERG, Jr., City Clerk A Good Place t0 Live RONALD R. TC MAX YERRIN1 JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN ROBERT MCA WALT W. MOF BRUCE D. STUART, Water Work Supt. S JOHN T. SHAWCROFT, Waste Water Supt. P 3 Z C.OMMI81 DENNIS J. SUMMERS, Parke Supt. 33 EAST IDAHO JIM JOHNSON, M SHARI S. STILES, P & Z Adm. MERIDIAN, IDAHO 83642 MOE ALIDJAI KENNETH W. BOWERS, Fire Chief JIM SHEARM W. L. "BILL" GORDON, Police Chief Phone (208) 8884433 a FAX (208) 8874813 CHARLIE ROUN7 WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 TIM HEPPER 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 12, 1995 TRANSMITTAL DATE: 11/30/95 HEARING DATE: 12/19 /95 REQUEST: Variance to waive requirement to pine the Eight Mile Lateral BY: R T Nahas Co of Idaho LOCATION OF PROPERTY OR PROJECT: North of 1-84, East of E 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z _CHARLES ROUNTREE, P/Z _TIM HEPPER, P2 _GRANT KINGSFORD, MAYOR _RONALD TOLSMA, C/C _BOB CORRIE, CIC _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 & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • VARIANCE APPLICATION Central Valley Corporate Park No. 5 1. The property is located north of and adjacent to Interstate 84 and east of and adjacent to South East 1 st St. in the city of Meridian. 2. R.T. Nahas Co. of Idaho, 102 South 17th Street, Boise, Idaho, 83702 and Rafanelli & Nahas, 1 Bates Blvd., Suite 200, Orinda, CA 94563, are the owners/developers of Central Valley Corporate Park No. 5. 3. Same as No. 2. 4. Warranty Deed attached to Variance Application. 5. Legal Description attached to Variance Application. 6. The present land use for the property is vacant land. 7. Central Valley Corporate Park No. 5 is intended to be developed with retail and commercial businesses. 8. Nampa -Meridian Irrigation District. 9. Attached to Variance Application. 10. N/A. 11. Attached to Variance Application. 12. N/A 13. This ordinance requires the tiling of irrigation ditches, laterals or canals. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered, and enclosed with tiling, or other covering equivalent in ability to detour access to said ditch, lateral or canal. 14. The Eight Mile Lateral and the Nine Mile Drain run in a northwesterly direction through he eastern part of the site. The Eight Mile Lateral has an 80' right-of-way and runs approximately 1300' through the property. The Nine Mile Drain has a 60' right-of-way and runs approximately 200' through the easterly tip of the site. 15. The flow through the Eight Mile Lateral at this site is 100 cfs per the Nampa -Meridian Irrigation District. This flow will not pass through a 48" pipe which is the maximum size pipe this ordinance requires to be used for tiling or covering of laterals. The Nine Mile Drain is used to drain groundwater from the site and surrounding properties. Piping of this drain, even with perforated pipe, could potentially raise the water table in the immediate area. Also piping or tiling of the Nine -Mile drain was not allowed by the Army Corps of Engineers for Central Valley Corporate Park No. 1 as it was deemed a wetland. 16. Same as No. 15. 17. Other commercial developments in this immediate vicinity such as Central Valley Corporate Park, Phase I and Phase III located directly north of this development have been able to develop without the covering or tiling of the Eight Mile Lateral that runs through them. 18. The Eight Mile Lateral was built to deliver irrigation water to the farmers in the area. The Nine Mile drain was built to keep the ground water table from getting too high. 19. Same as No. 17. 20. Meridian Comprehensive Plan provides for the health, welfare and safety of the residents of Meridian City. We do not believe that the granting of this variance will detract in any way from the purpose or meaning of the Comprehensive Plan. 21. Fee = $257.92 ($250.00 + 1.32 x 6 for each certified mailing to be sent = total fee.) 22. Granting this variance would allow the applicant to develop the property in a similar manner as nearby properties without creating excessive economic costs which would inhibit development. The applicant will not create excess profit by this variance but will make the development more economically feasible. mis6varappcn.val • W KUNA HIGHWAY E. 1 ST STREET - (OLD ST. HWY. 69) 0 —0 o r Z � 00 r- o m i D Z O 0 I Z o Z t � O D D OD mu LOCUST GROVE November 3, 1995 Ms. Shari Stiles City Planner City of Meridian 33 E. Idaho St. Meridian, ID 83642 RE: Variance Application Central Valley Corporate Park No. 5 Dear Ms. Stiles: I, Claudio Scalisi, hereby promise to post a legal notice of public hearing for the Variance hearing on the above described property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with the requirements of the City of Meridian. Claudio Scalisi ACKNOWLEDGMENT State of Idaho ) SS County of Ada ) On this/� day of_AazlelrrkeW , 1995 personally appeared Claudio Scalisi, whose name is subscribed to the within instrument and who acknowledged to me that he executed the same. Notary Public for Idaho Residing in Boise t"a a a y�, y My bond expires n/ -1!�5-99 9 • i i • ii i t• 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 6 November 1995 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Claudio Scalisi Boise 345-2431 Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Flow in Nampa & Meridian Irrigation District's Eightmile Lateral through Central Valley Corporate Park Dear Claudio: I am writing this letter to confirm our telephone conversation of last week when I stated that the maximum flow in the Eightmile Lateral within Central Valley Corporate Park was 100 cfs. If you feel further discussion is required regarding this matter, please feel free to contact me'. Sincerely, P John P. Anderson District Water Superintendent pc: Each Director' � n Secretary of the Board D V Bill Henson Dan Caldwell NW -. 9MM File ? APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • Schedule A-1 — (Continues., coN1MI TMEN TP -"52111 LEGAL DESCRIPTION A parcel of land lying in the West half of Section 18, Tonwship 3 11orth, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: 8eginnina at the brass cap marking the Northeast corner of the said West half of Section 18; thence South 0'27'58" West 2,669.34 feet along the Easterly boundary of the said West half of Section 18 to a brass cap marking the Southeast corner of the Northwest quarter of said Section 18, also said point being the Real Point of Beginning; thence continuing South 0'27'58" west 1,346.51 feet (formerly described as 1,352.69 feet) along the said Easterly boundarJ of the West half of Section 18 to an iron pin on the Northerly right-of-way line of Interstate Highway No. 84 Porth, (formerly I -80N), Federal Aid Projects No. I -80N-1(29)45 and No. I -80N-1(12)37; thence along the said Northerly right-of-way line of I -84N the following courses and distances: Porth 89'34'22" West 10.73 feet to an iron pin; thence North 67'40'11" Nest 53.85 feet to an iron Nin; thence North 89034'22" 'test 100.00 feet tc an iron pin; thence South 73°43'41" West 104.41 feet to an iron pin; thence "forth 89'34'22" West 541.14 feet to an iron pin; thence North 05'33'42" :lest 641.45 feet to an iron pin marking a point of beginning of curve; thence Northwesterly along a curve to the right 654.14 feet, said curve having a central ancle of 15'47'35", a radius of 2,231.83 feet, tangents of 329.43 feet and a long chord of 651.80 feet bearing North 77'21'44" West to an iron pin marking a point of tangent; thence North 68'57'56" West 256.00 feet to an iron pin; thence leaving the said Northerly right-of-way line of I -84N North 33'57'56" West 65.53 feet to an iron pin on the Easterly right-of-way line of State Highway Pio. 69, Federal Aid Project No. S-3782(1); thence along the said Easterly right of way line of State Highway Pio. 69 the following courses and distances: Nort North Borth h 1'02'04" East 222.84 feet along a line 70.00 feet Easterly of and parallel with the Westerly boundary of the Southwest quarter of said Section 18 to an iron pin; thence 1'23'25" West 228.51 feet to an iron pin marking a point of spiral; thence 3*0 5'20" East 243.33 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 318.33 feet, said curve having a central angle of 160471458, a radius of 1,085.92 feet, tangents of 160.31 feet and a long chord of 317.19 feet bearing North 15'40'56" East to a point on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 marking a point of ending of curve 60.00 feet right of centerline P.O.C. Sta. 445+14.18 of said State Highway No. 69; thence leaving the said Easterly right-of-way line of State Highway No. 69 continued on next page Schedule ik-2 - (Continued COMMITMENT ',;0. P-62111 North 89'42'17" East (formerly irorth 89'32112" East) 27.51 feet (formerly described as 27.5 feet, more or less) along the said Northerly bounaary of Government Lot 3 of the Southwest quarter of Section 18 to a point of beginning of curve; thence Northeasterly along a curve to the right 1.84 feet (formerly described as 2.3 feet, more or less), said curve having a central angle of 0'05'57", a radius of 1,060.92 feet, tangents of 0.92 feet and a long chord of 1.84 feet bearing North 24'44'35" East to a point of 85.00 feet right of centerline P.C.S. Sta. 445+28.43 of said State highway No. 69; thence North 28'59'18" East 90.74 feet (formerly described as 90.8 feet more or less) 65.0 feet Southeasterly of and parallel with the centerline chord of spiral to a point; thence North 61'18'41" West 24.94 feet (formerly described as 25.0 feet, more or less) to a point on the said Easterly right-of-way line of State Highway No. 69 and marking a point 50.0 feet right of Sta. 446+25; thence North 28'59'18" East 8.12 feet along a chord of a spiral along the said Easterly right-of-way line of State Highway No. 69 to an iron pin; thence North 89'32'12" East 200.00 feet to an iron pin; thence Noth 28'53'18" East 150.00 feet along a line Southeasterly of and parallel with the centerline chord of spiral of the said State Highway No. 69 to an iron pin; thence South 89°32'12" West 199.70 feet to an iron pin on the said Easterly right-of-way line of State Highway No. 69; thence along the said Easterly right-of-way lire of State highway No. 69 the following courses and distances: North 31'02'34" East 176.12 feet to an iron pin marking a point of spiral; thence North 28'59'51" East 226.23 feet along a chord of a spiral to an iron pin marking a point of beginning of curve; thence Irortheasterly along a curve to the left 339.87 feet, said curve having a central angle of 17040'290, a radius of 1,101.74 feet, tangents of 171.29 feet and a long chord of 338.52 feet bearing "forth 16'09119" East (formerly described as North 16'00119" East) to an iron pin marking a point of ending of curve; thence North 3'18'48" East 18.44 feet along a chord of a spiral to an iron pin; thence leaving the said Easterly right-of-way line of State Highway No. 69 North 89'31'22" East 538.23 feet (formerly described as North 89'26'20" East 538.29) feet along a line 407.05 feet (formerly described as 410.49 feet) Southerly of and. parallel with the Northerly boundary of the South half of the Northwest quarter of the said Section 18 to an iron pin on the Easterly boundary of Government Lot 2 of the said Northwest quarter of Section 18; thence South 0040'03" West 109.00 feet (formerly described as 105.48 feet) along the said Easterly boundary of Government Lot 2 of the Northwest quarter of Section 18 to an iron pin; thence North 89'31'22" East 1,265.53 feet (formely described as North 89'26'20" East 1,265.49) feet along a line 516.03 feet (fomerly described as 515.94 feet) Southerly of and parallel with the said Northerly boundary of the South half of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way line of a certain County Road; thence continued on next page Schedule A-3 —{Continue': COMMITMENT NO. P42111 South 0'27'58" West 818.41 feet (formerly described as 818.56 feet) along the said Westerly right-of-way line of a certain County Road, which is also along a line 50.00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence Borth 89042'170 East (formerly described as horth 89032'120 East) 50.01 feet along the said Southerly boundary of the Southeast quarter of the Northwest quarter of Section 18 to an iron pin on the Westerly right of way line of a certain County Road; thence South 0'27'58" West 818.41 feet (formerly aescribed as 818.56 feet) along the said Westerly right-of-way line of a certain County Road, which is also along a line 50.00 feet Westerly of and parallel with the said Easterly boundary of the West half of Section 18, to an iron pin on the Southerly boundary of the said Southeast quarter of the Northwest quarter of Section 18; thence North 89'42'17" East (formerly described as North 89'32'12" East) 50.01 feet along the. said Southerly `boundary of the Southeast quarter of the Northwest quarter of Section 18 to the point of beginning. 0 TO 1585 ;2 83) ­rican t_ano Titio Association Commitment Tor Title Insurance -1^u6 • Schedule B I. The following are the requirements to be complied with: 1. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. ll. Schedule �f the policy or policies to be issued will contain )axcepti(-,ns to the foilowing matters unless the same are c;is:)n,sed of to the satisfaction of the Company: i _c -s, 113ns c'ncUmbran(I's, 3dver e'!,iims Or Other 'nat. ers, w,/first ippparinij In the public i:.: ^d ngsubse(.,u�'nt to 'he eifl',CtIVe ".aCl�ieI -1 �';1_1i_;ii:!ter to i e date theproposed InSUred 3Cy,r',alutP of nccord the :state or InT.er2st .;t rTlor r�ai'.' covered by this Commitment. 2. of parties in pessesslon r9cords. of __,�3r cntS, Or Claims of easements, not sIm,,, n records. c} H:-�c.oachments, overlaps, boundary line disputes, or other matters vthich would be disclosed by an accurate survey or inspection of the premises. (d) ,-any 'lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (e) Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title to water. (f) Taxes or assessments which are not shown as existing liens by the public records. 3. Special Exceptions: 1. '_-eneral tuxes for the year 1983, twhicii are liens, in tate original su^a of : 1,"°.0.74, of which the first halt is paid and the second hal f Jof which +xi l l riot uecor,e cel innuent until .lune 216'th. Parce i 03-S1118233900 2. General taxes for the ; ear 1984, ihicl, are liens, are not yet due anu payable. 3. Seg -,,erase char es and s-ecial assess. ent powers of the City of i+erioian. No special assessments now snow of reccro, 4. Liens and asses SI-e(Ints of the following district and the rights and 10ot.,er; thereof as proviui d -,y law. ; c del incuenc ies appear in the County tiecoroer's ;'ffice. 0i strict: 'ar"Cd '`erit id: :rriqation cortinuea on next page Stedulea — {Continuec: COMMITMENT P-62111 5. An easement containing certain terms, conditions ana provisions affecting a portion of said ;;remises and for the purposes stated herein. For: the right to construct, operate, maintain, reconstruct and remove electric transmission, distribution and telephone circuits, or any of them, and their appurtenances, attached to a single line of poles or other supports, with their incidental equipment. In Favor of: Idaho Power Company, a corporation Recorded: May b, 1933 Instrument No: 152702 Filed in: Book 13 of Miscellaneous Records at page 243 Affects: a portion in Northeast quarter of the Southwest quarter 6. Agreement executed by and between the parties herein named upon the terms, conditions and provisions therein provided. Between: Herbert H. Wolff and Blanche Wolff and the Nampa p Meridian Irrigation District Dated: September 19, 1950 Recorded: September 27, 1950 Instrument No. 308281 Providing: a perpetual easement and right-of-way for the construction, maintenance, operating, building ana repair of a drain ditch upon certain conditions and provisions. Affects: the Northeast quarter of the Southwest quarter 7. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: a right of way and easement for the erection ana continued operation, maintenance, repair, alteration, inspection and replacement of the electric transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, together with guys, crossarms and other attachments and incidental equipment thereon, and appurtenances, with the right to permit the attachment of the wires and fixtures of other companies or parties. In Favor of: Idaho Power Company, a corporation Recorded: October 22, 1962 Instrument No: 540612 Affects: The Southwest quarter of'the Southwest quarter 8. Covenants, conditions, restrictions and easements contained in Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: June 12, 1963 Instrument no: 558158 As follows: Grantors agree that no buildings or structures, except irriga- tion or drainage structures, will be permitted to be constructed within 20 feet of the real property above described. Grantors further agree that no billboards or other advertising signs will be permitted closer than 100 feet from the real property above described, excepting signs pertaining to business established on land adjacent to the described real property. continued on next page ScheduIe a —(Continued' inued COMMITMENT P-62111 OMMITMENrP62111 As a part of the consideration hereinabove stated, the grantor bargain, sell, convey and relinquish to the Grantee all existing, furture, or potential common law or statutory easements of access between the right of way of the public way identified as I -80N-1(12)37, and all of the contiguous remaining real property of the Grantor whether acouired by separate conveyances or otherwise, of which the real property covered by this instrument is a part, where said remaining real property abuts on the North side of the said public way, except for: access to Frontage Road parallel and contiguous to State Highway No. 69 Frontage Road commences at Station 435+92+ and connects with State highway No. 69 right of Station 445+28.29. Affects: a portion of said premises lying in Government Lot 3. 9. Covenants, conditions, restrictions and easements contained in Deed to the State of Idaho, conveying a portion of the property adjoining. Recorded: June 12, 1963 Instrument no: 558159 As follows: Grantors agree that no buildings or structures, except irriga- tion or drainage structures, will be permitted to be constructed within 20 feet of the real property above described. Grantors further agree that no billboards or other aavertising signs will be permitted closer than 100 feet from the real property above described, excepting signs pertaining to business established on land adjacent to the described real property. As a part of the consideration hereinabove state, the grantor bargain, sell, convey and relinquish to the Grantee all existing, future, or potential common law or statutory easements of access between the right of way of the public xray identified as I-8OW-1(12)37, and all of the contiguous remaining real property of the Grantor whether acquired by separate conveyances or otherewise, of which the real property covered by this instrument is a part, where said remaining real property abuts on the North side of the said public way. Affects: a portion of said premises lying in Government Lot 3. -. 10. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: the purpose of constructing or installing thereon an access road In Favor of: State of Idaho and Clare E. Hunt and Pauline Hunt, husband and wife Recorded: June 12, 1963 Instrument No: 558161 Affects: a strip of land 25.0 feet wide adjacent and contiguous to and on the Easterl side of the Right of Way boundary of State Highway No. 69 Survey as shown on the plans of Interstate 80N_ Proiect No_ 1-80N-1(121:1 11. Agreement executed by and between the parties herein named upon the terms, conditions and provisions therein provided. Between: State of Idaho, Department of Highways and Herbert H. Wolff and Blanch M. Wolff, husband and wife Dated: May 10, 1963 Recorded: June 12, 1963 Instrument No. 558162 Providing: Grantors with temporary access for Farm and Resedential purposes only between their remaining land and State Highway 69. continued on next oaae Schedule 1.1./I VIIVII I IVIt! V 1 I 1, . P-62111 B —(Continues 12. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: the purpose of constructing or installing thereon Irrigation ditches and facilities by the State of Idaho or its agents or contractors. In Favor of: The State of Idaho and the Nampa -Meridian Irrigation District Recorded: June 12, 1963 Instrument No: 558163 Affects: a strip of land adjacent and contiaunius to and nn hnth ciAnc nf of Ioaho, Department of Highways, in Government Lot 4 13. Condemnation by the State of Idaho of right of access to State Highway and of light, View and Air, by Decree: Entered: November 25, 1963 Case No: 3899 Recorded: November 25, 1963 Instrument no: 570£41 14. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: a right of way and easement to lay and construct a gas distribution line In Favor of: Intermountain Gas Company,a corporation Recorded: January 7, 1964 Instrument No: 573621 Affects: said easement to be 10 feet wide adjoining Highway No. 69 13. 15. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: for the purpose of constructing therein irrigation facilities together with the right and privilege of ingress and egress to and from said property for said purposes. In Favor of: The State of Idaho Recorded: September 11, 1964 Instrument No: 593567 Affects: a 10 foot strip adjoining Highway No. 69 on the East in Government Lot 2. ' 16. Relinquishment of right of access to Fiighway No. 69 (except to frontage road) under terms of decree. In Favor Of: State of Idaho Recorded: September 11, 1964 Instrument no: 593567 Affects: that portion in Government Lot 2. continued on next page r r • Schedule s — (Continued' COMMITMENT '' `-'u2111 17. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: for the purpose of constructing. thereon irrigation facilities together with the right and privilege of ingress and egress to and from said property for said purposes. In Favor of: The State of Idaho Recorded: April 21, 1965 Instrument No: 609585 Affects: a portion of said premiss in Government Lot 2 18. Relinquishment of right of access to Highway No. 69 (except to frontage road) under terms of decree. In Favor Of: State of Idaho Recorded: April 21, 1905 Instrument no: 609565 Affects: that portion in Government Lot 2. 19. An easement containing certain terms, conditions and provisions affecting a portion of said premises ana for the purposes stated herein. For: a right of way and easement for the erection and continued operation, maintenance, repair, alteration, inspection and reel acenent of the electric transmission, distribution and telephone lines and circuits of the Grantee, attached to poles or other supports, togetner ti%ith 4uys, crossarms and other attacivaents and incidental equipment thereon, and appurtenances, with the right to perrait the attachment of the wires and fixtures of other companies or parties. In Favor of: Idaho Power Company, a corporation Recorded: December 30, 1964 Instrument No: 601471 Affects: the West 104 feet of the North 18 acres of the South 1744 feet of the West ha f of the Southwest quarter 20. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: the purpose of providing an access road Recorded: March 14, 1966 Instrument No: 634730 Affects: a strip of land 40.d feet wide adjacent and contiguous to ind on the Easterly side -of-the richt of way boundary of State Highway No. 69 Survey as shown on the plans of Interstate 8 N, Project No. 1 -80N -1(12)3r Hiqhway Survev. 21. An easement containing certain terns, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: for the following purposes: the purposes of building a road for ingress and egress, said road being intended and capable of carrying all reasonable vehicular traffic and all other traffic which may be necessary to maintain and service business premises located adjacent to and appurtenant to said easement. Recorded: November 17, 1971 Instrument No: 788547 Affects: a 55 strip adjoining "Texaco Site" on the South Schedule s — (Continues` coMMiTMENr�_2111 22. An easement containing certain terms, conditions and provisions affecting a portion of said premises and for the purposes stated herein. For: a right of way easement and the right to construct, operate, maintain and remove such communication and other facilities. In Favor of: The Mountain States Telephone and Telegraph Company, a Colorado corporation Recorded: December 2, 1974 Instrument No: 907417 Affects: a ten foot wide easement lying East of and continuous to the Easterly right of—viaine o ighwa as shown on era id ro ect ,No. I -80.V- 2 beginning at Station 420.00, orth ti 5 " East a distance of 25U feet more or less to grantors North property line,end o easement in the out west ouarter of Nction-18, townships North Range East, do se Meridian. 23. A Mortgage to secure an indebtedness of $1,500,000.00, and any other amounts as therein provided, payable under the terms, conditions, provisions and stipulations thereof. Dated: January 7, 1983 Mortgacor: Glenbrook Properties, a Nevada corporation Mortgagee: First Interstate Mortgage Company, a California corporation Recorded: January 11, 1983 Instrw.ent No: 8301706 24. If the liability of the policy(s) to issue exceed $500,000.00, this report is further subject to those additional items, if any, which may be required by Ticor Title Insurance Company, following a review of this report. 25. The proposed Deed or contract must be authorized by resolution of the directors of the herein need corporation and a certified copy submitted. Corporation: Glenbrook Properties, a Nevada Corporation, which is authorized to do business in the State of Idaho 26, We request a showing of authority of the officers executing the proposed indenture on behalf of the herein named corporation, Corporation: Glenbrook Properties, a Nevada Corporation, which is authorized to do business in the State of Idaho 27. The policy applied for is to insure a corporation which has not qualified to do business in the State of Idaho. The proposed deed/contract/deed of trust should not be executed and the policy will not issue until said corporation has qualified with the Secretary of State inaccordance with the statue. Corporation: Melvin Simon & Associates NOTE: There is no notice of record and therefore no search has been made for any unpaid assessments, charges or fees for sewer, water, garbage, irrigation and other possible utility services. NOTE: If the proposed insured under the policy to issue has any questions concerning the coverage or exclusions from coverage, the company will be pleased to provide an explanation, END OF EXCEPTIONS 7 7i' s t of Gleribro�ok -Ft�ek Y , We , 1-41, F Z'does he convey, �release, remise and forever quit 'cl Im, Nahas Company of Idaho, an Idaho Corporation, whose a r e , z I s is, 20630 Patio Drive, Castro Valley, CA 94546, that real property located in Ada County, Idaho, legally described on Exhibit A (Parcels A and B) attached hereto and incorporated herein by ti reference, together with appurtenances. FxcEp,riNG rHEREFROM that approximately ten (1o) acre parcel conveyed to Computrol, Inc., an :,iaho Corj,oralinn, and Armstrong I n t nat I On 3 1, a N1 i _.gin C s t i o n v in,' I,' , ..I described in that Warranty D -v.! o�om 1""k Properties the 9th day of December, 1988. a,-ij record -d ,h -.-,h day of 1988, as Instrument 8861922. DAT -1) T,..s S ':1 The Glenbrnok Company k)y Title: °' r On this 5th ;,;day;. of ,Januar ;...1�9 ; before me, the 'undersigned,a Notary .,Public n and for 'safS State, personally appeared., R. T.'Nahas , known or :identifted"'to me to be the Presi4ent of The Glen ok Company$ the corporation that executed ,. the within and foregoing instrument and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. HUEN k. -Tv' A NOTARY PU =• CAL TCA -%3A AW=DAC:.Y: TY My Ce.—a Evjms s"L 7, I l Notary Public or Residing at Castro Valley, CA Commission Expires: 9/%191 A41 C.O�,ty raho w P...ue it of ��, EW i�U.LI `C it V t`^i UITCLAIM DEED R South.0'27'58'. West 2.669;34 feet ,a009,:the Easteirly oundary o e saAE ' A West half of Section .l8 to a' alUMMUMSCap marking the Southeast corner of ' the 'Northwestquarter of said Section' 18,�also said, point being the Real y Point of Beginning; thence continuirgga� South 0'27158" West 1,346.03 feet (formerly described as 1.346.51 feet) ,. along the said Easterly boundary of the West half of Section 18 to an `< iron pin on the Northerly right-of-way line of Interstate Highway No. 84N, (formerly 1-80N), Federal Aid Projects No. I -80N-1(29)45 and No. I -80N-1(12)37; thence along the said Northerly right-of-way line of 1-84N the following courses and distances: qc North 89'34122" West 10.66 feet (formerly described as 10.73 feet) to an iron pin; thence North 67'46117" West 53.85 feet to an iron pin; thence North 89'34122" West 100.00 feet to an iron pin; thence South 73'43141" West 104.41 feet to an iron pin; thence North 89'34122" West 541.14 feet to an iron pin; thence North 85'33143" West 641.45 feet to an iron pin marking a point of beginning Of curve; thence Northwesterly along a curve to the right 654.14 feet, said curve having a central angle of 16'47'35", a radius of 2,231.83 feet, tangents of 329.43 feet and a long chord of 651.80 feet bearing North 77'21144" West to an iron pin marking a point of tangent; thence North 68`57156" West 258.OQ feet to an iron pin; thence leaving the said Northerly right-of-way line of 1-84N North 33'44100" West 65.93 feet (formerly described as North 33'57156" West 65.53 feet) to an iron pin on the Easterly right-of-way line of State Highway No. 69, Federal Aid Project No. S-3782(1); thence along the said Easterly right of way line of State Highway No. 69 the following courses and distances: North 1'02104" East 222.84 feet along a line 70.00 feet Easterly of and parallel with the Westerly boundary of the Southwest quarter of said Section 18 to an iron pin; thence North 1'28125" West 228.51 feet to an iron pin marking a point of spiral; thence North 3'05120" East 243.33 feet along a chord of a spiral to an irol pin marking a point of beginning of curve; thence Northeasterly along a curve to the right 317.28 feet (formerly described as 318.33 feet), said curve having a central angle of 16'44'25" (formerly described as 16'47145"), a radius of 1,085.92 feet, tangents of 159.78 feet (formerly described as 160.31) feet and a long chord of 316.15 feet bearing North 15'39117" East (formerly described as a long chord 317.19 feet bearing North 15'40156" East) to an iron pin on the Northerly boundary of Government Lot 3 of the said Southwest quarter of Section 18 to an iron pin marking a point of ending of curve 60.00 feet right of centerline P.O.C. Sta. 445+13.10 (formerly described as Sta. 445+14.18) of said State Highway No. 59• } thence leaving the said Easterly right-of-way line of State Highway No. * # 69 ; $ 33 ;tangents) of l i4a'feet,(f6Terly'described gas°0 92'feet) and f a,Tb chord°of 2.89 '.feet bearing'North',24'42'52",ti'East;(formerly'descri a > a long chord of 1.84 feet bearing North"24'44'35" East'to an ironxprn* 85.00 feet right of centerline'P.C.S.;Sta: 445+28.43 of said State ; xx Highway No. 69; thence North 28'57'38" East (formerly described as Northr�', 28'59'18 " East 90.74 feet 85.00 feet Southeasterly of and paraliel,with �.>. the centerline chord of spiral,ta an iron pin; thence.^ North 61'21146" West 24.82 feet (formerly described as North 61'18'41" West 24.94 feet to an iron pin on the said Easterly right-of-way line of State k Highway No. 69 and marking a point 60.00 feet right of Sta. 446*25; thence North 28'57'38" East 7.0E feet (formerly described as North 28°59'18" East 8.12 feet) along a chorc of a spiral along the said Easterly right-of-way line of State Highway No. 69 to an iron pin; thence North 89'32'12" East 20U.36 feet (formerly described as 200.00 feet) to an iron pin; thence North 28'59'18" cast 150.00 to an iron pin; thence South 89'32112" west 200.1E feet (formerly described as 199.70 feet) to an iron pin on the said Easterly rignt-of-way line of State Highway No. 69; thence along the said Easterly riont-of-way line of State Highway No. 69 the following courses and distances: North 31'02'3: =ast 177.25 feet "forme ly described as 1'E.12 feet) to an iron pin ma .ing ,. Doiht of spiral; thence North 2S'59'S1" �_astJ.23 feet along a chord of a spiral to -r: iron pin marking a point ofDeginning of curve; thence Nortneasterly along a curve to the left 339.67 feet, said curve having a central angle of 17'40'2?", a radius of 1,101.74 fee:, tangents of 171.29 feet and a long chorc of 338.52 fee-, Dearing North 10°09'19" East (fo rerly described as North i6-.1­19..East) to an iron pin marking a point of ending of curve; tnence North 3'18'45" -as, 17.46 fe (formerly oescribed as13."= feet) along a chord of a spiral to an iron pin; tnence leaving tne�_aid Easterly right-cf-way '.ir.e cf State Highway No. 69 f;ortn 89'- 22" ast =35. - feet (formerly desc.ibed Nc.tn 89°26'20" East 538.23 f eet) along a line 407.05 feet (formerly des:.rioed as 410.49 feet) Southerly of and parallel with the Northerly Doundary of the South half of the P,ortnnest quarter of the said Section, 18 to an iron pin on the Easterly Douncary of Government Lot 2 of me said Northwest quarter of Section 18; thence South 0'40'03" West 109.00 feet (formerly ;escribeo as 105.48 feet) along the said Easterly boundary of Government Lot 2 of the Northwest quarter of Section 18 to an iron pin; thence North 89'31'22" East 1,265.48 feet (fornerly described as North 89°26'20" East 1,265.49) feet along a line 516.03 feet (formerly described as 511,94 -ant) Southerly of and parallel with the said Nortnerly boundary a or she South half of the Northwest quarter or Section i8 town iron pin nn the Westerly` right of way line of a Stratford Or ive ( formerly de5crio0' �# }7 t# { � as a certain County Road), thence 27!5807'Wesi, ormerly described as,. :11 e o onM SaiTWester)y'rightof way line of � Stratford Drive' (formir1k.:descri bed,", as`a'certain County Road) . j which it 'also along a line 50.00e'et Westerly of, and parallel with the said Easterly boundary of the WeSt�'half of Section 18, to an iron pin on the Southerly boundary of I the Southeast .,.Quarter of the Northwest quarter of Section 18; thtinCe North 89*42'17" East 50.00 feet (formerly described as North ?9'32'12` East 50.01 feet) aiong'the said Southerly boundary of the ;outneast quarter of the Nortnw--st quarter of Section 18 to the point of tpe;inninq. PARCEL B A parcel of land ng in Lot 2 of Section 12, Townsh.j, i-nge . East Boise -Meridian, Ada County. Idaho, and more particularly described as !o--.oU:s: Be 4nn; ing at the Brass Lap Marking the southwest corner of :.aid o! c:ion 1S, thence I;or:h 63*22'1:" --as- 2?7.44 feet to an iron pin or, on the easter!, Of -:ay line of State Ai,! `.,,,cc - No. S-31-62(lj a so said point being the real point of t-g,.nn.ng, thence North :',.77 fee[ along thea gh, 0' wa v e C,. State Highway No. 69, to ;I non ;me r. , mark::.;: S:atiun 447+16.43 of !—i,! )i ,.jE feet ;,long, the said St to H.z�hway c4-:, an iron pin. thence NOr:h 89'32'::- s 1y9.70 feet along a line no.tht-ly of and nara!:c. ;t.e sou:her:v bo--.n:a7S.:Id Lot 2 of . •`,cct ion 16, to an ir,,r South ,;es - 15(1.00 fee, nF C -Ord of a s::72: cr. :'.,,e easterly rl gh, of Way 1-ne of ;9, an iron pin, zncnce SOu:E9'32':2" .;es: 200.00 feetalong a l4ne 100.30 fcrt a n e P27a''t! to :�e said southerly bounjary of Lot 2. of SVC-!C,r, PC,,: -,t of beg;oning. • GRANTOR• �Siinida Corporation, a corporation organized and existing r under -,the laws of - the State of Indiana, with its k' principal place'of-business at Indianapolis, County of Marion, State of Indiana. GRANTEES 'Rafanelli and Nahas, a California general partnership. GRANTEE'S ADDRESS: 1 Bates Blvd., Suite 200, Orinda, CA 94563 For good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor hereby grants, bargains, sells and conveys unto Grantee, Grantor's undivided fifty percent (50%) interest in that real property, together with appurtenances thereto, located in Ada County, Idaho, legally described on Exhibit A attached hereto and incorporation herein by this reference. To have and to hold said premises unto Grantee and Grantees heirs and assigns. Subject to: 1994 real property taxes; zoning and other governmental restrictions; easements or rights of way and other matters of record or existing on the premises; covenants, conditions or restrictions of record. The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the Board of Directors of the Grantor. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be affixed by its duly authorized officers this 11th day of August, 1994. SIMIDA CORPORATION, an Indiana corporation i t n a.- Ner e t Simon, President '�','� ,:.a'';�:: . ,- �; . r. r?: ., ,.:, s . ,i ,«s i..*"MG -.- r e«..,0,. Y••.'_ �' .._. a.,,. ♦ < ,. , ,fit �. lbW10.11 AND 131N BLOCK i OF CEN VALLEY COR:'JRATE PARK N0' I, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 57 OF PLATS AT PAGES 5332 AND 5333, RECORDS OF ADA COUNTY.IDAHO, x LOT 3, BLOCK 2, AS AMENDED BY LOT UNE ADJUSTMENT SURVEY NO. 2854 RECORDED MAY 2, 1944 z AS INSTRUMENT N0.94041906, AND LOT 2, BLOCK 3 AND LOT 1, BLOCK 6 OF CENTRAL VALLEY CORPORATE PARK NO. 2, ACCORDING TO THE PLAT THEREOF FILED IN BOOK 58 OF PLATS AT PAGES 5572, 5573 AND 5574 RECORDS OF ADA COUNTY, IDAHO, EXCEPTING THEREFROM THAT PORTION OF SAID LOT 2, BLOCK 3 MORE PARTICULARLY DESCRIBED AS FOLLOWS: A TRACT OF LAND BEING A PORTION OF LOT 2, BLOCK 3, CENTRA_ VALLEY CORPORATE PARK NO.2 (A RECORDED SUBDIVISION ON FILE IN BOOK 58 AT PAGES 5572, 5573 AND 5574, RECORDS OF ADA COUNTY, IDAHO), SITUATED IN THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP MONUMENTING THE SOUTHWEST CORNER OF SAID SECTION 18 THENCE ALONG THE WESTERLY LINE OF SAID SOUTHWEST QUARTER; NORTH 01 DEGREE 02'04' EAST A DISTANCE OF 2650.29 FEET TO A FOUND BRASS CAP MONUMENTING THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER, 'THENCE LEAVING SAID ViESTERLY LINE AND ALONG THE NORTHERLY LINE OF SAID SOUTHWEST QUARTER. NORTH 89 DEGREES 42'17" EAST A DISTANCE OF 148.54 FEET TO A FOUND IRON PIPE ON THE EASTERLY RIGHT OF WAY OF EAST FIRST STREET SOUTH MONUMENTING THE POINT OF BEGINNING OF SAID CENTRAL VALLEY CORPORATE PARK NO. 2, THENCE CONTINUING ALONG SAID NORTHERLY LINE. SAIL LINE ALSO BEING THE EASTERLY RIGHT OF WAY OF SAID EAST FIRST STREET SOUTH, NORTH 89 DEGREES 42'1 7"EAST A DISTANCE OF 27.50 FEET TO A FOUND STEEL PIN, THENCE LEAVING SAID NORTHERLY LINE AND CONTINUING ALONG SAID EASTERLY RIGHT OF WAY NORTHEASTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE SOUTHEASTERLY A DISTANCE OF 2.89 FEET, SAID CURVE HAVING A RADIUS OF 1060.92 FEET, A CENTRAL ANGLE OF 00 DEGREE C9'23". A CHORD BEARING NORTH 24 DEGREES 42'42' EAST, A CHORD DISTANCE OF 2.89 FEET TO A FOUND STEEL PIN, THENCE CONTINUING NORTH 28 DEGREES 57'38' EAST, A DISTANCE OF 90.74 FEET TO A FOUND STEEL PIN ON THE NORTHEASTERLY RIGHT OF WAY OF EAST CENTRAL DRIVE, THENCE LEAVING SAID EASTERLY RIGHT OF WAY AND ALONG SAID NORTHEASTERLY RIGHT OF WAY SOUTH 61 DEGREES 21'46' EAST, A DISTANCE OF 155.18 FEET TO A FOUND STEEL PIN MONUMENTING THE SOUTHWESTERLY CORNER OF SAID LOT 2, SAID PIN BEING THE POINT OF BEGINNING. THENCE LEAVING SAID NORTHEASTERLY RIGHT OF WAY AND ALONG THE WESTERLY LINE OF SAID LOT 2 NORTH 29 DEGREES 18'00' EAST A DISTANCE OF 180.01 FEET TO A FOUND STEEL PIN, THENCE LEAVING SAID WESTERLY UNE SOUTH 51 DEGREES 22'00' EAST A DISTANCE OF 129.09 FEET TO A SET STEEL PIN ON THE NORTHWESTERLY RIGHT OF WAY OF SOUTH PROG°ESS AVENUE, THENCE ALONG SAID NORTHWESTERLY RIGHT OF WAY SOUTH 28 DEGREES 28'00' WEST A DISTANCE OF 159.95 FEET TO A FOUND STEEL PIN, THENCE LEAVING SAID NORTHWESTERLY RIGHT OF WAY AND ALONG SAID NORTHEASTERLY RIGuT OF w :. ; WAY OF EAST CENTRAL DRIVE SOUTHWESTERLY ALONG THE ARC OF A CIRCULAR CURVE CONCAVE NORTHWESTERLY A DISTANCE OF 31.48 FEET, SAID CURVE HA`RNG A RADIUS OF 20.00 FEET, A, LEGAL CONTINUED z q Yq a .Y .x Y,�'64L..j r 4 LOT 4 IN BLOCK 2 AS AMENDED BY LOT UNE ADJUSTMENT SURVEY NO, -2854 RECORDED MAY 5, 1994 ASINSTRUMENT NO. 94041906, AND ALL OF LOTS 5, 6, 7, 8 AND 9 IN BLOCK 2 AND LOTS 4 AND 5 IN s ' . BLOCK 4 AS AMENDED BY RECORD OF SURVEY NO. 26M RECORDED NOVEMBER 30, 1993 AS INSTRUMENT NO. 93100615, AND LOTS 7 AND 8 IN BLOCK 4 OF CENTRAL VALLEY CORPORATE PARK �? NO. 3. ACCORDING TO THE PLAT THEREOF FILED IN BOOK 61 OF PLATS AT PAGES 6050 AND 6051, RECORDS OF ADA COUNTY, IDAHO. _ PARCEL IV ry; THE SOUTHWEST OUARTER OF SECTION 18. TOWNSHIP 3 NORTH, RANGE 1 EAST BOISE MERIDIAN, EXCEPT ANY PORTION THEREOF, LYING SOUTH OF NORTH BOUNDARY OF 1.84 NORTH AND WEST OF "f EAST BOUNDARY OF EAST IST STREET, (FORMERLY STATE HIGHWAY NO. 69) AND ALSO EXCEPT THEREFROM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 1, ACCORDING TO THE PLAT THEREOF. FILED IN BOOK 57 OF PLATS, AT PAGES 5332 AND 5333, RECORDS OF ADA COUNTY, IDAHO. AND ALSO EXCEPT THEREFROM ALL OF CENTRAL VALLEY CORPORATE PARK NO. 2. ACCORDING TO THE PLAT THEREOF, FILED IN BOOK 58 OF PLATS, PAGES 5572 AND 5572. RECORDS OF ADA COUNTY. ��yy IDAHO. Eft` AND ALSO EXCEPT THEREFROM ALL OF CE:. ,TRAL VALLEY CORPORATE PARK NO. 3, ACC'., RDING TO THE FLAT THEREOF, FILED IN BOOK 61 OF PLATS AT PAUL 6052 AND 6053, RECORDS OF ADA COUNTY, IDAHO END OF LEGAL DESCRIPTION �' `I O ( J "i 5 tj 801 S I'.1 iLL1--. -- —' - RE6Gr.__: _.:_Si OF ..$fit ' . �. %„`.?� ...,,, ,r. .. . •. .,. _ ,r ,.. a ,,,_a n. s.. � d€ S., �•.' I j MAILING LIST OWNERS Name: B-11 Limited Liability Address: 3959 Muldoon PI. Meridian, ID 83642 Name: R.T. Nahas Co. ETAL Address: 102 S. 17th, Suite 300 Boise, ID 83702 Name: Brittany Associates Address: c/o Shari's Management Company 8205 SW Creekside Place, Suite D Beaverton, OR 97005 Name: Waremart Inc. Address: P.O. Box 5756 Boise, ID 83705 Name: Rafanelli & Nahas Address: 1 Bates Blvd., #200 Orlinda, CA 94563 Name: Computrol Inc. and Armstrong International, Inc. Address: 499 E. Corporate Dr. Meridian, ID 83642 • APPLICATION AND STANDARDS FOR VARIANCES A variance from the terms of this Ordinance shall not be granted by the Council unless and until a written application for a variance is submitted to the Administrator and the Council. Provide a written narrative containing, where applicable, the following outlined information: 1. Address of subject property. 2. Name, address and phone number of applicant. 3. Name, address and phone number of owners of subject property. 4. Proof of ownership or valid option on the property or a contract interest therein with consent of the titled owner. 5. Legal description of subject property. 6. Present use of subject property. 7. What is intended to be done on or with the property. 8. The district that pertains to the subject property. 9. Vicinity map at a scale approved by the Council showing property lines, existing streets, proposed district and such other items as may be required. 10. Schematic building plans which indicate typical elevation and floor plan of any proposed construction. 11. A list of the mailing addresses of all property owners (from authentic tax records of Ada County) within three hundred feet (300') of the external boundaries of the land being considered and a listing of the mailing addresses of all property owners within the area of the land being considered. 12. Characteristics of subject property which prevent compliance with the requirements of this Ordinance. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use. 14. Difficulty or hardship which would result if requirements of this Ordinance were applied to subject property. 15. Unusual or peculiar circumstances which indicate that regulations of this Ordinance should not be strictly complied with. 16. Statement that special conditions and circumstances exist which are peculiar to the land, structure or buildings involved which are not applicable to other lands, structures or buildings in the same district. 17. Statement that a literal interpretation of the provisions of this Ordinance shall deprive the applicant of rights commonly enjoyed by other properties in the same district under terms of this Ordinance. 18. Statement that special conditions or circumstances exist that were not a result of the applicant's action. 19. Statement that granting the variance requested shall not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district. 20. Relationship of the proposed variance to the Meridian Comprehensive Plan. 21. A fee established by the Council - 1.3L . ($250.00 + for each certified mailing to be sent = Total Fee) 22. A statement of how the granting of the variance would convenience the applicant and how the applicant would profit therefrom, which statement shall also represent whether profit and convenience is the sole reason why the variance is requested. 23. The property will be posted 1 week before the hearing stating that the Applicant has applied fora Variance. There must be a signed affidavit that this has been done as part of the application. 0 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on December 19, 1995, for the purpose of reviewing and considering the Application of R.T. Nahas Company, for a Variance application for land located in a portion of the SW 1/4, Section 18, T.3N, R.1E, Boise Meridian, Ada County, Idaho, and which property is generally located North of 1-84, East of E. 1 st Street. The Application requests a Variance to the requirement to pipe the Eight Mile Lateral and the Nine Mile Drain. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 30th day of November, 1995. CA M=M -4 1 r� W KUNA HIGHWAY E. 1 ST STREET (OLD ST. HWY. 69) m p00 00� o �m ! D C� o 00 z �I o z O � D 00 D LOCUST GROVE ,�, . u � d.. _ > - ,r p I .1.+yyrry vii; i" x {.s ar•.,-tis a �;r 3tS 'r v11 i w f', ,t L x 3 .r , � ¢ k i '� 'r . e F .[ '!C ix' ! 4 iu ^ , } 7.. ; !y -'' _ 42 .. r��t �S,� R Y , ^'. psfs`i'' Z Na R .d' fit Z f r. �' " a ' x d ,ice n { t ..' t 3 r+ I; , 4 :: is 's is z ,o- Y t „ x , w . ' d w �- h 7 ti; ! y- - 'a".. , ~ , 0 } ar '� *. $"+ Tye f' •". �- , dP' q .y t 7".l' '4y, ., k 3 . t ..3 ,s F l ,, x n i ,:a; fi 4 +. A s ti's 4.;.,.Ss. n` Z. r .� '"�, t0 ,, • It. , ' mo i * i' `'� y^F � x' �� x 11 _ 'Srt5 • .Q 1-91A I r � .r' a� -xy e ,: ++ j ,st�rt,4 1 ! M w ��' � , " �­, z . I I � �"­ I �' , _!�� , � ��_ — � � , � �' : � .' �.' .�'� , ,,, -, I . r - I. 1 ` `X Y* t aiTY� e . � . ,�.' " f�' %4 " I . � ", . I � . I I , '.7'.. 'I'll �1' 1. -4 � I . p I '� i I -, 1� ' , � �u - "a '�"."."."Sp"i";,.­7' . .�"_ ." '€r '+ Y s t+om�.'.yL. Y z XC - 'J y .q „Y .'� � �� >_'. .. , , ,+' S i f ` 3'"' . — I . , , , t _ I I- .. 70" ` " �­­' _. --A' �� _. . '__ ll­"'��' - - ��' ""..- _ --l- I., . ,,-, " ". ,� . - , ,� , -. I ,' � I .' ­ - "*' — - ''�'*'�' '�'':.' _ -,.' '' ' " 4. 11 — �'' , �-­.-'��-' '_��".' "'. , - - - — �_ " )"i, , .— . .:'; - .'l'll.p*.' , _�_ _. � .�%4';��;�' �' '�'�" , 1. - W � � i- I "' � ". , " � , � , I I -�'�'�.:'—.�­' .'vp. ,--i'�o ... . .. . !�"'��`_�.�".*17:_' _.;'4- '." , , —, �� - � � � — ��' --. � -1 .T... .. ' , , ,"".*�' I '�� �­r , ", " " ". � ­�' � ,' — I """ " ... I �'L��' -� I 1. 1, �'­ ".." - '� 1_1� - ._.l " � x "" — r �. +' s •c" —, td a'•r4 ="a sR7, . % : -3.t� �­� 'd ps'S� 4 ��" 11 t. z yr,2' C �''* !" Al r *r a M -^:Y .. , s.kr11 r af' V a r e {» s k P a' fr<' r, t - 4s r `� �L ..' ,, " r, 4. t a F. '. 34" Y Vy'. 3 w ,°' i, r 1, Y.y'�,,,%yy�' a�� ' -4." •i "4— +.+.• ':.t,. 4 V4 F` + y �: .ei ,'r^.f a vt sf yc,,,�tg'°L' ;�., ; AUG 07 '95 14:10 FR CITY OF MERIDIAN 208 887 4813 TO 3367391 P.02/03 • CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 LOT LINE ADJUSTMENT APPLICATION (RE: Meridian Zoning Ordinance - Section 11-9-604.K) NAME: 1 ANSWI f NARAS Phone: S10-26+8800 (Lot Owner of Record) ADDRESS: 102 -7 . I-1* '9V(4t t 3000 50151a) I p $2)10 -2 - GENERAL 31OZ GENERAL LOCATION: �(A AWCgf 1/4 Ig, -r3M, P -I E, DM_I_Ust 00w LEGAL DESCRIPTION OF PROPCRTY: A;Troc&06b _ PROOF OF OWNERSHIP: A copy of your property deed must be attached. PRESENT ZONE CLASSIFICATION: C _F'1 RECORD OF SURVEY: Submit a. copy of the proposed Record of Survey showing existing and proposed lot lines, streets, utility easements and such other items as the City Engineer may require. I hereby certify that the information contained herein is ti P-vb Whus Fee: $200.00 �?l(aAIATVM e6j NAI -FAS AUG 07 '95 14:10 FR CITY OF MERIDIAN 208 887 4813 TO 3367391 P.03iO3 APPLICATION AND STANDARDS FOR LOT LINE ADJUSTMENT 9-604 K LOT LINE ADJUSTMENT 1. The City may approve the relocation of original lot lines as shown on a recorded plat; provided, however, that the following standards are met: a. A relocation of the original lot lines does not reduce the building site below the dimensional standards prescribed by this Ordinance, or any covenant pertaining to said plat; b. The relocation of any lot lines does not change the original number of lots in any block, as shown on the recorded plat; C. The relocation of original lot lines does not change or move any streets, easements, or publicly dedicated areas in any manner; d. The applicant has prepared a record of survey plat or map showing the relocated lot lines which shall have received the approval of the City Engineer; and e. That prior to being submitted to the City for approval, the applicant will have obtained parcel numbers from the County Assessor. 2. The date of an application shall be the date that the Administrator of Zoning and Development Ordinances shall have received payment of the required fee and all of the information in the manner as required pursuant to this Ordinance. The date for any required public hearing shall be fixed by the City within a reasonable time thereafter, and in no case later than sixty (60) days after the receipt of the application in its due form. Hearing and notice procedures shall be governed by Section 11-2-416 E and F of the Revised and Compiled Ordinances of the City of Meridian, as it shall be amended from time to time, and by such rules and procedures as the City may adopt pursuant to this Chapter and this Title. 3. The plat or map required by Ld above shall include the following endorsements: a. Certificate of lot owner(s) and acknowledgement; b. Certificate of surveyor; C. Certificate of City Engineer; and d. County Recorder's certificate. The map or plat shall be prepared on a stable base drafting film and shall comply with Idahp Code Section 50-1304. Once recorded in the office of the Ada County Recorder, deeds will need to be written describing the new boundary per the original recorded subdivision plat plus reference to the record of survey. (Ord. 465, 3-17-86) Roylance & Associateft. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390, Fax (208) 336-7391 To vf M-u�ic�Jan GENTLEMEN: WE ARE SENDING YOU ❑ Shop drawings ❑ Copy of letter 0 [LIEVVc M o1F DATE � JOO Nq ATTEN i 5 J\ RE: CV6PAld. -f ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ Attached ❑ Under separate cover via the following items: ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Change order ❑ COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS 1 COPY TO SIGINED:�����E�/" � • 9 RECEWE SEP - 8 15b)5 CITY OF MERIDIAN TRANSPORTATION DEPARTMENT P.O. BOX 7129 BOISE, ID 83707-1129 - (208) 334-8000 September 8, 1995 TO: ALL IDAHO CITIES, COUNTIES, AND HIGHWAY DISTRICTS RE: Consultant Solicitation for Term Agreement The Idaho Transportation Department (ITD) will solicit proposals from Consultants for Term Agreements this year. Solicitations for Term Agreements are generally requested every three years from ITD's master mailing list. Please notify Consultants you deal with or may want to contract with in the future (who are not on the master mailing list) to contact Holly McClure at (208)334-8486 before October 23, 1995, to be included on the mailing list for notification. Term Agreements are used by ITD to expedite the procedure for obtaining Consultant services for work paid by Federal Aid Funding. Proposals solicited will be evaluated and negotiations entered into with those Consultants selected. A list of Consultants with Term Agreements, broken into categories of work, will be established. This Term Agreement list may be used by a local entity in selecting a Consultant to perform a service (under $250,000) instead of having to solicit proposals from the consultant industry for the required service. Sincerely, /7'!.7 PORTER Consultant Administration Manager JP/RCL/hm:C:\LIB\CORRES\TERMSOL.LTR - An Equal Opportunity Employer - CCENTRAL •• DISTRICT �1'HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 - FAX 3214500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 99-388 May 18, 1999 RECEEIVE- MAY 2 0 1999 David Navarro CITY OF MERIDWN Ada County Recorder 650 Main Street Boise, ID 83702 RE: O'Hara Townhouse Subdivision Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on May 17, 1999. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Michael H. Reno, E.H.S. Senior Environmental Health Specialist CC: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD --City of Meridian Accent Homes, LLC Pinnacle Engineering Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Roberts 520 E. 8th Street N. 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460® FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 0 Meridian City Council January 2, 1996 Page 5 Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, the City Council of the City of Meridian hereby approves that the property set forth in the application will be annexed and zoned and that the conditional use permit be granted under the conditions stated in the above findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: 3 Yeas, 1 No ITEM #3: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY R.T. NAHAS COMPANY: Kingsford: Is the Council prepared to deal with those? Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law as written. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve the findings of fact and conclusions of law for the variance request for R.T. Nahas Company as written, roll call vote. ROLL CALL VOTE: Morrow - Yea, Yerrington -Yea, Corrie - Yea, Tolsma - Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Mr. Mayor, it is decided the application for a variance from 11-9-605 M is granted and the applicant shall not fence the Eight Mile Lateral that the applicant shall place and construct landscaping along the eight Mile Lateral as a condition of being granted the variance. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Meridian City Council January 2, 1996 Page 6 Opposed? MOTION CARRIED: All Yea ITEM #4: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST BY MARTY GOLDSMITH FOR SALMON RAPIDS NO. 1 SUBDIVISION: Kingsford: This is on the setback requirements for the landscape area. Morrow: Mr. Mayor, I would move that we adopt the findings of fact and conclusions of law as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the findings of fact and conclusions of law as written for Marty Goldsmith, Salmon Rapids Subdivision No. 1, roll call vote. ROLL CALL VOTE: Yerrington - Yea, Morrow - Yea, Corrie - Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Morrow: Our decision would be that it is decided that the application for a variance from 11-9-605.G the planting strip requirement shall be granted under the conditions stated herein. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TRANSFER OF BEER LICENSE FROM MIKE ELLIOTT TO RRE INC. FOR 127 CLUB: Kingsford: Chief, I understand you have reviewed that and have no problem. Gordon: That is correct sir. 0 • MERIDIAN CITY COUNCIL MEETING: JANUARY 2.1996 APPLICANT: R.T. NAHAS COMPANY ITEM NUMBER; 3 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW MERIDIAN POST OFFICE:�- ADA COUNTY HIGHWAY DISTRICT: I 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. • • o P. BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF R. T. NAHAS COMPANY OF IDAHO FOR A VARIANCE FROM 11-9-605 M TILING OF DITCHES FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on December 19, 1995, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, the Applicant appearing through Gene Smith, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for December 19, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the December 19, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11- 9-612 B. 1.b of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-605 M., PIPING OF DITCHES, requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 1 91 or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to restrain access to said ditch, lateral or canal. 4. That the project site is located north of and adjacent to Interstate 84 and east of and adjacent to South East 1st Street, in Meridian; that the Eight Mile Lateral and the Nine Mile Drain run in a northwesterly direction through the eastern part of the site. 5. That the Applicant is requesting that it be granted a variance from the above ditch piping requirements and be allowed not to pipe the Eight Mile Lateral; that the Eight Mile Lateral has an 80' right-of-way and runs approximately 1300' through the property and the Nine Mile Drain has a 60' right -or -way and runs approximately 200' through the easterly tip of the site. 6. That the owners/developers of Central Valley Corporate Park No. 5 are R. T. Nahas Company of Idaho and Rafanelli & Nahas of Orinda, California; that they have requested this variance from the tiling ordinance and that it is not at the request of the City of Meridian. 7. That Bill Henson, of the Nampa & Meridian Irrigation District, had•made comment to the 48 inch existing pipe, which is the City of Meridian's size requirement, that the flows in the Eight Mile Lateral through this project would require a much larger pipe than the 48 inch pipe. 8. That the Applicant submitted a letter from John P. Anderson, Nampa & Meridian Irrigation District Water FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 2 9 • Superintendent, stating the maximum flow in the Eight Mile Lateral within Central Valley Corporate Park was at 100 cfs; that the Nine Mile Drain is, and has deemed to be a natural waterway by the City of meridian. 9. That the Applicant stated in its application that the maximum 48" pipe the City requires to be used for tiling or covering of laterals will not allow the water flow to pass through; that the Nine Mile Drain is used to drain groundwater from the site and surrounding properties; that piping of this drain, even with perforated pipe, could potentially raise the water table in the immediate area; that piping or tiling of the Nine Mile Drain was not allowed by the Army Corps of Engineers for Central Valley Corporate Park No. 1 as it was deemed a wetland. 10. That the Meridian Fire Department and Police Department submitted comments regarding this application and they are incorporated herein as if set forth herein in full. 11. That no other testimony was heard at the hearing. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-2-419 of the Zoning Ordinance and pursuant to Section FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 3 9 11-9-612 of the Development Ordinance. 11 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Subdivision and Development Ordinance upon which it may take judicial notice. 4. That the City Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-605 M, PIPING OF DITCHES, of the Subdivision and Development Ordinance is noted which are pertinent to the Application: "All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, on both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. The City may waive this requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district.. ." 6. That the City Council is considering changing the Ordinance regarding the piping of large ditches if the piping would require a pipe larger than 48 inches; that the Ordinance may be changed. 7. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 4 a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would be clearly impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, the nature or condition of adjacent development, other physical conditions or other conditions that make strict compliance with this Ordinance unreasonable under the circumstances, or that the conditions and requirements of this Ordinance will result in inhibiting the achievement or objectives of this Ordinance. C. That the granting of the specified variance will be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. 8. That there does appear to be a specific benefit, profit, economic gain or convenience to the Applicant if this variance is granted; however, to require tiling of the ditch would cause extreme hardship to the Applicant, and the Council is considering amending the ditch tiling ordinance so that ditches of this size would not be required to be tiled; the City has previously granted variances where the size of the tile would be greater than 48 inches and for the Eight Mile Lateral. 9. That the requirement of tiling ditches is a health and safety requirement; that in a prior variance application it was stated that it may be more hazardous to have the ditch tiled than it would be not to have it tiled and it appears that to require FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARR - VARIANCE Page 5 tiling of this ditch would not achieve the safety purpose for which tiling is required in the Ordinance. 10. That the irrigation district affected has not demanded that this ditch be tiled. 11. That regarding Section 11-9-612 A. 2., regarding the tiling of ditches, it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of the ditch tiling Ordinance would clearly be unreasonable. b. That strict compliance with the requirements of this ditch tiling Ordinance would result in extraordinary hardship to the Applicant. C* That the granting of a variance would not be detrimental to the public's welfare or possibly injurious to the public. d. That the granting of this variance would not violate the Idaho Code. e. That the variance would not have the effect of altering the interests and purposes of the ditch tiling Ordinance which is included in the Subdivision and Development Ordinance for safety purposes. 12. That it is concluded that the Application for a variance from 11-9-605 M, PIPING OF DITCHES, should be granted. 13. That as a condition of granting the variance, the Applicant shall place, and maintain, landscaping along the Eight Mile Lateral to improve the aesthetics of the property. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt and approve these Findings of Fact and Conclusions of Law. FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS WENTRAL VALLEY CORPORATE PARR - VARIANCE Page 6 • ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR KINGSFORD (TIE BREAKER) VOTED VOTED VOTED VOTED V11 DECISION That it is decided the Application for a variance from 11-9-605 M is granted; that the Applicant shall not fence the Eight Mile Lateral; that the Applicant shall place and construct landscaping along the Eight Mile Lateral as a condition of being granted the variance. APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW NAHAS\CENTRAL VALLEY CORPORATE PARK - VARIANCE Page 7 Meridian City Council December 19, 1995 Page 63 Yerrington: Are these the same findings Wayne? Crookston: They would be you have those are, the findings that you have are both the annexation and zoning and conditional use permit. Morrow: Mr. President I would move that we instruct the City Attorney to prepare new findings of fact and conclusions and have them prepared for our January 2 meeting under old business. Yerrington: Second Tolsma: Moved by Walt, second by Max to have new findings prepared for the conditional use permit and have them ready for the January 2 meeting under old business, all those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE BREAK ITEM #19: PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO PIPE THE EIGHT MILE LATERAL AND NINE MILE DRAIN BY R.T. NAHAS COMPANY: Tolsma: Is there a representative here for Mr. Nahas? Gene Smith, Hubble Engineering, 9550 Bethel Court, Boise, was sworn by the City Attorney. Smith: First off it is a little nerve racking for the applicant's representative to walk into a public hearing and see the place packed, it is nice to see them all leave. Our request is, first of all I am here representing R.T. Nahas Company on Corporate Park, Central Valley Corporate Park No. 5 which is just north of the freeway and East of 1 st. This being the hotel and this is Central Valley Corporate Park No. 5. As one of the conditions of the preliminary plat it was to either pipe or request a variance for the Eight Mile Lateral and the Nine Mile Drain which crosses this property. The Eight Mile Lateral runs through here and the Nine Mile Drain just crosses the one corner of this one lot. In our application we stated our justification, what we felt was justification that meets the conditions of this request. That justification is spelled out, I believe you have a copy of the application there. Item #15, states that flow through the Eight Mile Lateral at this site is 100 CFS per Nampa Meridian Irrigation District. We have included a letter from John Anderson at Nampa Meridian Irrigation District backing up that amount. That flow will not pass through a 48 0 Meridian City Council December 19, 1995 Page 64 • inch pipe which has been the policy of this Council to limit piping of a ditch which as capacity greater than 48 inch. Currently there are a couple box culverts crossing the Eight Mile Lateral, they are 4 by 12 box culverts and clearly would not fit within a 48 inch pipe. Secondly the Nine Mile Drain is used to drain ground water from the site and surrounding properties. Piping of this drain even with perforated pipe could potentially raise the water table in the immediate area. Also piping or tiling of the Nine Mile Drain was no allowed by Army Corps of Engineers for Central Valley Corporate Park No. 1 those deemed wetland. Item 22 goes on to say that granting this variance would allow the applicant to develop the property in a similar manner as nearby properties have been without creating excessive economic cost which would inhibit development. The applicant will not create excessive profit by this variance but would make development more economically feasible. That would conclude my remarks I would be glad to address any questions or comments which you may have. Tolsma: Any questions for Mr. Smith? Corrie: I guess I have one, the Nine Mile Drain does Nampa Meridian Irrigation District have anything to do with that? Smith: I don't believe so, it is under the jurisdiction of the Army Corps. Corrie: The reason that I brought it up is because this variance request for both the Nine Mile and the Lateral their comments were on the Eight Mile Lateral. Morrow: They have a maintenance agreement with the Corps and that is their only involvement. Tolsma: This is a public hearing, is there anybody else from the audience that wishes to testify against this variance? Seeing none I will close the public hearing. Council members what is your desire? This is that canal that runs through the Corporate Park and has not been required to be tiled before it got to the park and it (inaudible). Morrow. I might suggest that we instruct the City Attorney to prepare findings of facts and conclusions. Yerrington: Second Tolsma: It has been moved and seconded to prepare findings of fact and conclusions of law on this request for the variance, all those in favor? Opposed? MOTION CARRIED: All Yea a Meridian City Council December 19, 1995 Page 65 • Smith: May I ask just a point of clarification, what period of time would those be available? When would that come up? Morrow. Some time next year. Berg: Normally it would be the next City Council meeting. Smith: So would that be the 2nd? Berg: Yes ITEM #20: PUBLIC HEARING: REQUEST FOR A VARIANCE TO REDUCE THE 20 FOOT PLANTING STRIP ADJACENT TO LOCUST GROVE ROAD TO A 10 FOOT PLANTING STRIP IN SALMON RAPIDS SUBDIVISION NO. 1 BY MARTY GOLDSMITH: Tolsma: Is there a representative here for Salmon Rapids Subdivision? Brian McColl, 420 W. Washington, Boise, was called by the City Attorney. McColl: I have about 45 slides that I would like to show you. The first and 45th slide I have in my hand just to remind the Council of the purpose of this request for the variance. Locust Grove 90 foot right of way to the north of Salmon Rapids No. 1 is Sportsman Point Subdivision. Sportsman Point Subdivision has got an existing fence line that fences off a 10 foot berm. Salmon Rapids when it was approved the City had an ordinance requiring a 20 foot berm. So that subdivision was approved with a 20 foot berm. The Salmon Rapids fence in fact is back another approximately 10 feet behind the Sportsman Point fence if you were to shoot a line down there, they are not in line. Originally the fence at Salmon Rapids that the developer put up was put up in line with the Sportsman Point fence. In other words it was originally put up in the middle of this 20 foot berm and not on its perimeter and not on the lot lines. This created substantial problems. They were problems admittedly created by the developer my client placing the fencing on the berm instead of on the perimeter of the berm. The problems that it created were that there were a number of homeowners and I am not sure how many, I think at four and perhaps more who when they either signed their lot option agreements or in fact closed on their lots down here the fence was in the if you will incorrect position. When the developer became aware that it was in the incorrect position and more importantly when the City Planning Director became aware that it was in the incorrect position he as asked to move it back and he did so. When it was moved back that gave those several lot owners who had purchased with the fence in the incorrect position the fence being moved back now to the lot line they legitimately I think felt that they have been cheated if you will out of ten foot additional piece of property although that property was never legally theirs and it was never because • MERIDIAN CITY COUNCIL MEETING: DECEMBER 19,1995 APPLICANT: R.T. NAHAS COMPANY ITEM NUMBER; 18 / REQUEST; PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIREMENT TO PIPE THE EIGHT LATERAL AND NINE MILE DRAIN 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: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS "REVIEWED" SEE ATTACHED COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. A' 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. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 6 Z Adm. KENNETH W. BOWERS, Fire Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) U84433 a FAX (208) 887-4813 Public Works/Buik ing Department (208) 887-2211 GRANT P. EMSFORD MaYW COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 12. 1995 TRANSMITTAL DATE: 11/30/95 HEARING DATE: 12/19 /95 REQUEST: Variance to waive requirement to pipe the Eight Mile Lateral BY: R T Naha& Co of Idaho LOCATION OF PROPERTY OR PROJECT: North of 1-84, East of E 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z 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 RECEIVED ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH D E C _ i is -95 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT CITYOF ���AN IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAINF(PREL LIM & FIN LAT) BUREAU OF RECGASI &INAL PLAT) CITY FILES YOUR CONCISE 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. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 2 Adm. KENNETH W. BOWERS, Fire Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney is NUB OF TREASURE VALLEY 0 A Good INA= to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. XINGSFORD mqw COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 2 COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 12, 1995 TRANSMITTAL DATE: 11/30/95 HEARING DATE: 12/19 /95 REQUEST: Variance to waive requirement to pipe the Eight Mile Lateral BY: R T Nahas Co of Idaho LOCATION OF PROPERTY OR PROJECT: North of 1-84 East of E 1st Street JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z 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 "J � JL L N 0 V 1 9 1995 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPAMERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FLES OTHER YOUR CONCISE REMARKS: 7-A: s r ", LL rf/o-f Fi�F� c� �I.e. .',y,✓ ,C: te a &e.Oeo -A COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 32COMMISBION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 12, 1995 TRANSMITTAL DATE: 11/30/95 HEARING DATE: 12/19 /95 REQUEST: Variance to waive requirement to pipe the Eight Mile Lateral BY: R.T. Nahas Co of Idaho LOCATION OF PROPERTY OR PROJECT: North of 1-84, East of E 1st Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _-2*\_ NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER:- YOUR THER:YOUR CONCISE REMARKS: The flows in Nampa & Meridian Irrigation District's Eightmile Lateral through this nroiect would require a much larger pine than 48 inch (the City of Meridian's size r grir menr) -Sill-"Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District DEC 18 1995 CITY OF MEKIUTA 0 HUB OF TREASURE VALLEY 46 OFFICIALS WILLIAM G. BERG, Jr., City Clerk A Good Place to Live JANICE L. GASS, City TreasurerGARY D. SMITH. P.E. City Engineer BRUCE D. STUART, Water Works (/� CITY OF MERIDIAN upt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parke Supt. STILES, P a z Adm. 33 EAST IDAHO KENNETH T KENNETH W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 @gn W. L.'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 a FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 OEC O 4 1995 GRANT P.Rn NAMPA ' RRIGAr10NMERIDIAN DIsrRICr COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P 32COMMISBION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: December 12, 1995 TRANSMITTAL DATE: 11/30/95 HEARING DATE: 12/19 /95 REQUEST: Variance to waive requirement to pipe the Eight Mile Lateral BY: R.T. Nahas Co of Idaho LOCATION OF PROPERTY OR PROJECT: North of 1-84, East of E 1st Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT _CITY ATTORNEY CITY ENGINEER _CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH _-2*\_ NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER:- YOUR THER:YOUR CONCISE REMARKS: The flows in Nampa & Meridian Irrigation District's Eightmile Lateral through this nroiect would require a much larger pine than 48 inch (the City of Meridian's size r grir menr) -Sill-"Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District DEC 18 1995 CITY OF MEKIUTA