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Home My WebLink AboutLake at Cherry Lane No. 4 FPOFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Flre Chief W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P b Z 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: April 11, 1995 TRANSMITTAL DATE: 4/Q2/95 HEARING DATE: 4/18/95 REQUEST: Final Plat for The Lake at Cherrv Lane No 4 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Black Cat Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 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 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RE4,lUEST FOR SUBDIVISION APPROVAL ~~! ~~~uk,.~.~v~,. •} ,~ ~X,4IIK~R FINAL PLAT PL.'~NNI;,iG AND ZONING COMMISSION TIME TABLE ~i7R SUBMISSIO`!: A request for prel~rnina-ry slat approval roust be in the Cit Clerks possessic:r, no later than three da ~~ y regular meeting o= the Planning ar,d Zoning Cornm1~l,oning the The Plar,riing ar,d Zar,ing C:ommissior~ will hear the request at the mor,trily meE'tincl following the month the -r•~quest way made. Alter a proposal er,ter•s the process it may be acted upon a± subsequent monthly meetings provided the nece~sar procedures and documeritation are received beior•e 5:b0 P. M, Y Thursday follawa.ng the Plar,r,ing ar,d Zoning Commissior, acti or,. GENERAL INFORMATION 1• Name of Anne:~:ation and Subdivision.The Lake at Cherry Lane No. 4 2• General Location, N 1/2, Section 3, T 3N , R 1W , B ~1 , Ada Co. 3. Owners of record, ~t-Pi nPr l~PVal nnmant T T r an Iaaho Limited Address, P. 0. Box 1904721ty Comppanyy BBois Zip83719Telephone 890-2774 ~. Applicant, ~tei ner DP~~A1 opment Address, ~• urve or L.L.C. ~x~~e]c- ,T~hn T ( Tom 1 Eddv Firm PaCi f i r~ r anr7 Snrvovr„~~ Address 290 ~T Manl c~ fir`-'~"' • ZiP ~~?na Telephone 37R-ti~Rri 6• Name and address dtohoreeei ~e City billings: Name Pacific Land Surveyors Address 290 N. Maple Grove Telephone 378-6380 PRELIMINARY PLAT CHECKLIST oise, Idaho 83704 subdivision Features 1• Acres 23.09 2. Number of lots 54 building lots plus 2 golf course lots :~. Lots per acre 2.34 ~. Density per acre _n_4 5. Zoning Clas~ificationcs) R-4 t,. Ii the proposed sur,divisiot, .is outside ±he Meridiar, Cit;- LimiTs but within the ~urisdictiar,ai mile, ar,at is the e:~.isting coning claasiiication ~r1~ %. Uces the plat border a potential green belt No 8. Have -recreational easements been provided for N/A 9. Are there proposed recreational amenities to the City~~_ Epialn Golf course on Lot 19, Block 1 and Lot 55, Block 2 1f0. Ar•e there proposed dedications of commor, areas`t No E:tiplain For future parks : No E:,plain il. What schooi(si service the area Mari~ian Srh~~iDistdo you Propose any agreements for future sct,ooi sites No EJ;plain 1~. 11t;,er proposed amenities to the City N/A Water ~^u pP1Y N/A Fire Uepartrnent N/A , the; E:•;plain i~• Type or Fsuilding (Residential, Commercial, Industrial or combinations Residential 1~. Type of Uwellir,g t s ~ Single Family, Uupie:.;es. Muitipie:~;es, otter c; ~,•.~ o_~~.;,; , .. 15. Yr~c~posed Development fe'ature~: a. Minimum square footage of lot (s ~ , 8 , 000 b. Minimum square footage of structure (s) 1 .400 c. Are garages provides tor, Yes square iootage~_ d. Are other coverings provided for e. Landscaping teas been provided for No Describe c_ f. Trees will be provided for Yes Trees will be maintained Lot owners 9• Sprinkler systems are provided for PYPSCLYl7.PC~ ;rr;7~}'on h• pre there multiple units No . Type remarks i. Are there special set back requirements No r.%cpiazn j. Has off street parking been provided for Yes , E;;plain Individual lots k. Value range of property_ 520.0.00 Der ac-rP 1. Type of financing f or development N/A m. Protective covenants were submitted No .Date 1b. Uaes the proposal land lock other property No Uoes it create Enclaves No I STATEMENTS OF COMPLIANCE: 1 • :~tr~eats, cu-r•bs, gutters ar~d sidewalks are to be constructed to standards as required by Ada County Highway Uist-rict and Meridiar, Or~dinar~ce. Uimer,sions will be determined by the Gity Er,girieer•. All sidewalks will be five t5i feet in width. ~'. Proposed use is ir, conformance with the City of Meridian Cumprei,erssive Plan. S. Iievelaprner,t will car,r,ect to City services. ~. UEVelopmerit will comply with City Or•dir,ances. 5. Preliminary Plat will include all appropriate easements. ~. Street names must not conflict with City grid system i3) • aasnr ~~ a i : ~ I `. 8, ~ ~ l9 S I ,... ... .. I~~~I a ~~ ii ~l' N r ~ >; ~a .. ev ;~ ~ I ; e !~~ ~ a~~ `~N i ~ li i I I ~ ~ 2 tR ~~~ ~~ ~~3~~ f!~ ~ ~ II 1 ~ ~~ 1~ ~~ ii; [h fRE ~ ` +~ 's ~~ A~g~ Q• =w~~ Z _>: ~~ ~ 0 '°>?~^ ~ t A ... _ C Z ~ ,~ ~_~ v= e~ o ~~ w ~~ ##~~ r 1~ ~~ W 8 J t y~ . `'~iJf s ' .. '..Y. . ~. . -~'.:i M. ~~'~., y ~. ~.. r . ~~ - ~ / .~ + .. ~ _ oo ~^ ;:: r .: ' UA- ~, ~'A'~~ Pk~~ t ~_ . y~am.. .1 .Il~tf _,:.J '3. . .'\ r ~ • r ~ s s • ~ n ° ~ r s ~ p u j ~ ~ . w N r • N r • • w _ \\~ ~7 • N r r r ~ t ~~ ~ i B \ ~ ® r '~G La kG ~~~, un_ lane No, 3 w ~ ::r. P~a71'd ~ a ,~: _ r r • r • • r • • BLDGK Z I ~, - ~ 5 '~ _ - ~~ '°.'~ f' k • yt ~ ' r r • r r r r Y r ~ p Y ~I .rw ~ ~+ ~ s' ' i ~~e N •I _ u fV s '~ i :1+4~t r s r r r r r L 9 ~ ~' ~~~ ~: ~ y (S fI S ~ ~ ~• ~~ ~• ~ ~ ., r ° r • " r ~r '. ,~ ti ~ ?1,e. La.ke ~ ~ ~~ ~ 7L,4 l.~t ~ ,. ~ a.+etievey - e .a ~ 4 a~ Gi~e.v~y LaneNo.2 ~ \ .~ ~ r' ~~r` .~t ~ ~ i , -•~. .rte=.-` '? ~ ~~ o +~.~ ~' '/' ~,~ 'Y 's"~ _ ,, i~ rte. ~ N 7 ,,,}< ;, . ~. f ~~{ T /~ '~-. t9'~ pn.. _ ~ ~ } SENT BY~ 4-19-95 ;11~34AM POWER ENGRS BOISE-+ 208 887 4813;# 1/ ~ •. I'AClli'!G LANp SURVIsYORS 290 North Maple (;rove Rcia~l Boiu;, Lll 83704 (208) 3711-6380 FAX (208) 37R-W25 Facsimile Cover Sheet Date: April 19, 1995, 12:26 PM Project No.: Follow-Up Original To Follow Via U.S. Mail: Yes ^ No Total Number Of Pages, InGuding This Page: 1'p: Gary Smith Meridian City Engineer Fax No.: 887-4813 From: Keith L. Jacobs, Jr~~ Subject: The Lake at Cherry Lane No. 4 Subdivision Message: Please review this request and determine it the proposed change represents a significant change and should be presented formally to the City for review and approval. The following two sketches show the approved final plat and the proposed revision to that final plat. The proposed revision improves the appearance of Lot 61, Block 2 by opening the back lot line to the golf cowse. The proposed change will increase the length of the back lot line of Lot 61 from 69.52-feet to 80.38-feet. The 10.86-feet length increase comes from the west leg of Lot b5. The west leg of Lot 65 is reduced from 49.57-feet to 38.71-feet. The back Int lines of Lot 63 wri11 need adjustment in length because of the bearing break in the lot line. The side lot lines between Lots 61- 62, 62-63, 63-64, and 64-65, will need adjustment in length and bearing. The front lot lines will not be adjusted. We will provide closure calculations showing the lot square footage's to verify that this proposed change complies with Meridian City Ordinance. cc: Dour Campbell PLEASE OAIL THE FOLLOWING NUMBER IF FACSIMII .EIS INCOMPLETE OR ILLEGIBLE: (208) 378380 THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, ANO MAY CONTAIN INFORMATION THAT IS PRMLEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE IAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DI51'RIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF You HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE'NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN P~Id81@AIS31fll~4iiE,TQ f~W~t-~'cifiH6r~V~AWa11,SIA64lL~Rlili~i O~b~dpKrl(dWn APR 19 '95 12=34 208 378 0025 PAGE.01 SENT BY~ -~ s. 0 2Q8 887 4813;# 2/ 2 4~ ~~~~ ~~ ~ir~ ~~~ 1~~ $ ~ 80 0 ~ ex o~ a^ o~ a~ ea 4~,P ~,~ h N ~, ~ ~ y `~.~ 3 2 ~ 00 80.00 80 44.24 C4 ~ N O '.,; 58..39 C9 . C 0 69.51 p* E . . 9EA COVE N esY ~ - ~9 , lS" E C8 . r o N ~ _ o 273.75 ` C3v~0 . 54.38 C6 88.00 81.94 80.00 43.81 C2 W ~ S ' 64~OS~bsN w ' ; ~: ~ ~ # ~ ~ -~- ~0 76.45 : ,* ~ g $ 19 0 ° :7 0 ~ 0 ~ 18 $ ~ ~ 17 ~~a 18 ~~a ~m ~~ 16. Tor gl ~o ~ ', - ^ o - ~ c~~ M~ c M~ ~ ~ .. •- z p 4-19-95 ;11~34AM ; POWER F~lGRS BOISE-' ~5 e s oral so.o2 39.4a 42.10 - .. ~- E rgo 80.38 89'52 g8.38 OS S w ~ 49.57 W # ~ # g 8m $~ 89 $ ~ n ~ a'$ o ° yqi 82 , f o 84 0 S ca ~ t: I ~~= 1 C)O ~ qs• 3 61 62 63 ' 64 _L~l~...SEA .COVE Wi4Y -:P~aPos~a C~~~~ APR 19 '95 12 35 208 378 0025 PAGE.02 ____ . ~ ~ .~ s OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurar GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 8884433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION - (Final Plat) April 14, 1995 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This Plat generally conforms to the previously approved Preliminary Plat. 2. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 3. Provide a statement of conformance with the approved Preliminary Plat and meeting all requirements and/or conditions thereof. 4, provide a statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 5. The street frontage of Lot 61 Block 2 needs to be increased to provide a minimum of 80 feet, per R-4 Zoning requirements. 6. The Plat maps need to be certified by the Land Surveyor. 7. Revise .the domestic water service origin note in the Certificate of Owners to read; All Lots within this plat will be eligible to receive water service from the City of Meridian's Municipal Water System, and the City has agreed in writing to serve all the Lots in this subdivision. 8. Check the alignment of the Rutledge Lateral as it crosses Lot 44 Block 4. It appears that the easement shown on the Plat map will not be adequate to accommodate public utilities as well as the Rutledge Lateral. 9. The bearing of the easterly boundary of Lot 19 Block 1 doesn't comply with that of the existing westerly boundary of the adjacent plat of record "The Lake at Cherry Lane No.2". Revise the Plat map to show (Data of Record). COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning r: \ WPWIN60\GENFI2AI_,U.AKE('I.4. ('-<' t'i ~ LAKE AT CHERRY LANE NO. 4 SUBDIVISION - (Final Plat) April 14, 1995 Page 2 10. Please consider showing a larger scale detail of the configuration of Lots 46-48 Block 2, and Lots 21-26 Block 3, to better clarify pin locations. 11. Provide 50 foot radius temporary turnaround easements at the westerly ends of W. Moon Lake Street, N. Sea Cove Way, and W. Harbor Point Drive. These easements shall remain in force until such time as these streets are extended, a note needs to be added to the Plat to that effect. 12. Golf Course Lot 55 Block 2, and Lot 19 Block 1 are to be deeded to the City of Meridian. 13. Provide a temporary easement, for the conveyance of the gravity sanitary sewer, from the westerly ends of W. Harbor Point Drive, and N. Sea Cove Way, north to W. Moon Lake Street. The purpose of this easement is to construct a temporary sanitary sewer main to service the Lots fronting these two streets until such time as permanent sewer mains are constructed in Ashford Greens Subdivision. 14. Complete the Book and Page reference to the recorded Plat of The Lake at Cherry Lane No.3 Subdivision when recording takes place. 15. Revise the fourth to last call in the legal description of the Certificate of Owners to read; ... Southwest corner of Lot 11, Block 2; 16. Revise the third to last call in the legal description of the Certificate of Owners to read; thence South 11°51'41" West 207.58 feet (formerly South 11°44'56" West 207.40 feet) to an iron pin marking the Southwest corner of the said subdivision The Lake at Cherry Lane No. 2; C: \ WPW[N60\G ENF72AL\I,AKECL4. C-C E s MERIDIAN CITY COUNCIL MEETING:___ _ MARCH 19.1996 APPLICANT: ITEM NUMBER; 20 REQUEST; REQUEST TIME EXTENSION OF THE LAKE AT CHERRY LANE NO 4 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: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 8 March 1996 City of Meridian 33 E. Idaho Avenue Meridian ID 83642 Attn Ms Shari Stiles Planning Adm~nlstrator RE Final Plat Extension The Lakes at Cherry Lane # 4 Dear Shari: Steiner Development, L.L.C. would like to request an extension on their final map on The Lakes at Cherry Lane # 4 which expires in April, 1996. If you have any questions, please contact me. Thank you for your consideration in this ma Sin rely y rs, G~~~ Doug Campbell , city0008AoC STEINER DEVELOPMENT, INC. •:• LAND DEVELOPMENT :• 19 E. FAIRVIEW MERIDIAN. ID 83642 v 208.884.2076 'o 0 M ,I- r w .y O~ O O 'F q N ~r O ~ O O + O °: N A7r ~HNNAi ~ ~ ~ ~ 0 ~ W N ~ ~ Nq~ 07 O~J pp pp Q N lV ~ N 1 ~" °~ tltl N w ' O '" A ~ N / a ~ ~' `/ v ~ ~ O O $ ~ ' ~ .w ~ / ` N ~ N ~ ' N .S~ . ~ M ~ j a BAii! dSIDU N .~ * ~ ~ ~ .Ni ~ y ~ ' \ 0.~ ~ M ~ ~ ~ a M % ~ ~ \~ V~ ~ N ~ ® ~ n ^ 1 ~ '' 1 + ~ ~ N ~ ~ ~ ~ ~~ pz ®° ~ ~ ~~~ ~o ~\ ~. ~ a ~ ~a ~ V ~ O ~ ~ N o 0 A .1 ~ ' A ~ b ~ ~ ~ N Ly. ~ ~ ~ ~ O .~ ~ ~ ~ ~ I ~ ' ~~~~ c. i 1 STEINER DEVELOPMENT, LLC July 24, 1997 Q~GEIVE Q Mayor Robert Corrie ~=t'~ ~ 1 1997 And City Council'Members C~~~~ City of Meridian ERIDIAN 33 East Idaho Avenue Meridian, Idaho 83642 RE: Non-Development Agreement for the. Lakes at Cherry Lane # 4 Dear Mayor Corrie and City Council Members: Steiner Development requests to be on the agenda for the next Meridian City Council meeting scheduled for August 5, 1997. This request is for anon-development agreement at the Lakes at Cherry Lane #4 for Lots 1-10 and Lots 35-45,'Block 7, located on West Moon Lake Street as described in Exhibit A. Steiner Development would also like your approval for the. non-development agreement, due to ,sewer availability on streets described above.- Lf you have any questions, please call me. As always, I continue to appreciate your cooperation. 5i ere , 1~ Doug. Campbell Steiner Development Copy To: Mr:.Gary Smith Mr. Shari Stiles; Mr. Bruce Freckleton Mr, Rick Clinton ~-. ,~ ~~~ ~ 1 E J :Y.. ~ ~ a a:~a3 ~ ~ I I .~, ~ ; ~ ! Y Z o C T ~ ° ~ ; ~ ; _~ iD n . s Y~` , .~ ~ H lU ~; o z 8 I ~ i J {mss W J ~ 9 ~ ~ 32 ..,~eo K ~ ~'~ ~~' q ~ ~_ ~\~~ ~ ,i ~~~ ~~9~ ~~a~z ~ ~' ~s~e ~5 ~~ ~ ~a~3~ y4 ~~~ ~~~ ~60o ga~i~ w zl te~~1"~ ~i to ~ :~~ ~~~~' ~~~ ~ ~~ ~~ 3' ~~~~ t~ ; ~s ~~ _~ l~ ~; i~~;~~ ~ ~# ~~ r~,, a j~ ~I: ~ ~ ~~ _ .. ... ~ _ t ~'s ~ B a~ ~r ~, ~X !; ~.g ~, ~ ~~ ~~~ =L_ ~L~;= -~~,. , cc'zu 7 AtAC.OO N i t MERIDIAN CITY COUNCIL MEETING:__ August 18.1997 APPLICANT: ITEM NUMBER: 18 REQUEST: NON-DEVELOPMENT AGREEMENT FOR THE LAKE AT CHERRY LANE SUBDIVISION N0.4 BY STEINER DEVELOPMENT 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: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~.;~ ~ STEPHEN A. BRADBURY EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW CAPITOL PARK PLAZA 300 NORTH SIXTH STREET POST OFFICE BOX 1368 BOISE, 10AH0 83701 ~~iG 1 1 #~~f ri M 3' ~.~ ~~y~>Z~lr~i~~ TELEPHONE (208) 344.8535 FACSIMILE (208) 344.8542 JAMES L. BERLIN OF COUNSEL T. H. EBERLE (1922.1977) August 8, 1997 Will Berg Meridian City Clerk 33 East Idaho Avenue Meridian, ID 83642 Re: Non-Development Agreement for The .Lake at Cherry Lane Subdivision No. 4 Dear Will: I am enclosing the revised proposed Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4, which is to be included on the agenda for the August 19, 1997, City Council meeting pursuant Doug Campbell's recent letter to you. Very truly yours, ~~~~.~~,l~ti ~ ~~ Stephen A. Bradbury SAB:jkr Enclosure cc: Shari Stiles Gary Smith Wayne Crookston -Doug Campbell Sandy Clay NON-DEVELOPMENT. AGREEMENT This Non-Development .Agreement ("Agreement") is .made and entered into this day of , 1997, by and between Louis J. Steiner and Brenda Steiner, husband and wife, whose address is 554 East Bellevue Road, Atwater, California 95301 (hereinafter referred to as "Developer") and the City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City"). WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as The Lake at Cherry Lane No. 4 Subdivision located in Ada County, Idaho (hereinafter the "Subdivision"),amore particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 1 through 10, Block 7 and Lots 35 through 45, Block 2 (hereinafter "the undeveloped Lots") in the said Subdivision. NOW, THEREFORE, inconsideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Developer shall not sell any of the undeveloped lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon. NON-DEVELOPMENT AGREEMENT, Page 1 osimi~-,x~ 2. Developer shall not install or permit to be installed any improvements for the undeveloped lots in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written consent of the City. 3. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that for purposes of this Agreement the status of the undeveloped lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. NON-DEVELOPMENT AGREEMENT, Page 2 osimim-,~ 5. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete the installation of the Improvements as set forth herein, approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 8. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON-DEVELOPMENT AGREEMENT, Page 3 oaimi9~-~ IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: STATE OF CALIFORNIA ) ss. County of Merced ) Louis J. Steiner Brenda Steiner On this day of , 1997, before me, a Notary Public in and for said State, personally appeared LOUIS J. STEINER and BRENDA STEINER, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year in this certificate first above written. CITY: ATTEST: Notary Public for California My Commission Expires _ CITY OF MERIDIAN By Robert Come, Mayor William G. Berg, Jr. , City Clerk STATE OF IDAHO ) ss. County of Ada ) On this day of , 1997, before me, the undersigned Notary Public in and for said State, personally appeared ROBERT CORRIE, known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, NON-DEVELOPMENT AGREEMENT, Page 4 osimi9~-.~~ or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires NON-DEVELOPMENT AGREEMENT, Page 5 oaimi~-.~ STEINER DEVELOPMENT, LLC July 24, 1997 Mayor Robert Corrie And City Council Members City of Meridian- 33 East Idaho Avenue Meridian, Idaho 83642 REcE~vEp ht,~~i 0 1 9Qq~ C11'1`0!~ ~~IERIDIAN RE: Non-Development Agreement for the Lakes at Cherry Lane # 4 Dear Mayor Corrie and City Council Members: Steiner Development requests to be on the agenda for the next Meridian City Council meeting scheduled for August 5, 1997. This request is for a non-development agreement at the Lakes at Cherry Lane #4 for Lots 1-10 and Lots 35-45, Block 7, located on West Moon Lake Street as described in Exhibit A. Steiner Development would also like your approval for the non-development agreement, due to sewer availability on streets described above. If you have any questions, please call me. continue to appreciate your cooperation. S ' ~r 1~~ ,` ~ j~. ~~,~'c~ Doug Campbell Steiner Development Copy To: Mr. Gary Smith Mr. Shari Stiles Mr. Bruce Freckleton Mr. Rick Clinton As always, I ,~ ~ .~ ~ so f ~ s ~,~^~f e ~ i 1 _ , g i g .' ~l ~ 3.. ~-.~.~a~..~ ~ I ! ~. W ~ -TQ ~ i ~ .. a~ a ry z s 1 a was ;. ~ = y ~l s ~! r~ ~ 1 1 I,o~2 { ~ ' s c t ~~~~ ~ ~• zf~ ~ ~~ ! ~~ Z ~~=t ~~'3~ s~ ~' ~ ~t~~; ~ss~ J r~ ~i - ~, a m,~~ 6 i.s~E}~ ; ~- L7~ e -~- e a :~ 7i ~. ~j ~~~ ~~~~ ~~a~s ~g= car ~~~~~ L ~?~ s6°~ gams 13 C Li 0 w 'Mr e X ~ ~r,1£q r`/~~ \`~ ~- \.. .~ ~ ; ~b° 8 nR Ba € I ~~ ! ~s f! ~ FFg f ~i ~ ~~ ~'~ =i ~ z ~- J ~.,,.~~ cti _B~AGOO r Mti4 ~~~~~L~ interoffice AUu 1 1 1~~7 MEMORANDUM to: William G. Berg, Jr. -City Clerk cc: File from: Gary D. Smith, PE i re: The Lake @ Cherry ubd. No.4 date: August 11, 1997 Will: I have reviewed the Non-development Agreement for a portion of this subdivision as submitted by the developers attorney, Steve Bradbury, on August 11, 1997. It is my understanding that this proposed agreement is to be placed on the August 19, 1997 City Council agenda for action. My review comments are as follows: 1. In the second paragraph of page 1, Exhibit A is not attached. 2. In the fourth paragraph of page 1, reference is made to proposed lots since this subdivision is not now a matter of record. I wonder if the area occupied by these lots should be set forth by a metes and bounds description with the proposed lot and block numbers since the plat has not been recorded and technically these lots and blocks don't exist. 3. In Item 6, page 3, I wonder if we can declare a portion of the plat as null and void. . 4. At the bottom of page 4, I think that the City Clerlc should be added to the Notary Statement since he is signing the document. from the desk of-. Gary D. Smith, PE fl~blic Works Director City of Meridian 33 E. Idaho Meridian, Idaho 83642 208-881-2111 Fax:108~81-1241 or 208-881-4813 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 L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor M L M O R A N D U M To: William G. Berg Shari Stiles From: Wayne G. Crookston, Jr. `~~~`~ ~ r~ - Date: August 11, 1997 COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Al1G t f l~~a Subject: Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4 Just a note to inform you that the Non-Development Agreement regarding the above matter is fine, and meets my approval. WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor M$ M O R A N D U M To: William G. Berg Shari Stiles From: Wayne G. Crookston, Jr. ~~ ~ ~ - Date: August 11, 1997 GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & 2 COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Subject: Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4 Just a note to inform you that the Non-Development Agreement regarding the above matter is fine, and meets my approval. BRIG'^ti,aL Q801`t560 8 ~ I~ '98fEB.19 i 03 NON-DEVELOPMENT AGREEME~~ _L /! ~ E HQ~ RECOF;DED AT THE «t ST OF This Non-Development Agreement ("Agreement") is made and entered into this 12th day of September 1997, by and between Louis J. Steiner and Brenda Steiner, husband and wife, whose address is 554 East Bellevue Road, Atwater, California 95301 (hereinafter referred to as "Developer") and the City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City"). WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as The Lake at Cherry Lane No. 4 Subdivision located in Ada County, Idaho (hereinafter the "Subdivision"),amore particular description of which is attached hereto as Exhibit. A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, imgation and other utility and lot improvements and sale of proposed Lots 1 through 10, Block 7 and Lots 35 through 45, Block 2 (hereinafter "the undeveloped Lots") in the said Subdivision. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Developer shall not sell any of the undeveloped lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon. NON-DEVELOPMENT AGREEMENT, Page 1 o9io9im-~i 2. Developer shall not install or permit to be installed any improvements for the undeveloped lots in the said Subdivision, including, but not limited- to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written consent of the City. 3. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that for purposes of this Agreement the status of the undeveloped lots in the said Subdivision will be as though the final .plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. NON-DEVELOPMENT AGREEMENT, Page 2 o~io~is~,w 5. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete the installation of the Improvements as set forth herein, approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 8. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON-DEVELOPMENT AGREEMENT, Page 3 0~~0~~~-,w IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: Louis J. Steiner Brenda Steiner STATE OF CALIFORNIA ) ss. County of Merced ) On this 12thday of Septemher , 1997, before me, a Notary Public in and for said State, personally appeared LOUIS J. STEINER and BRENDA STEINER, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year in this certificate first above written. +- Annette Heikkila 3 ~ Comm.#991831 ~® S NOTARY PUBLIC ~ CALIFORNIAN MERGED COUNTY IFOA Comm. Expires Nov. 7 1997 ~ CITY: ATTEST: ._ illiam G. Berg, Jr., City ler STATE OF IDAHO ) SS. County of Ada ) ` ~.~~ Notary Public for California My Commission Expires 11 /1 /97 CITY rie, Mayor ity Council 10-21-97 ~TFo 's S~~ - r .~- ~~~ -.,,~~ O "fir js~ . ~ `~.,., L, ~ ~. On this ZZ day of t~C~o ~e T , 1997, before me, the undersigned Notary Public in and for said State, personally appeared ROBERT CORRIE, known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, NON-DEVELOPMENT AGREEMENT, Page 4 o~io~,m-,xr or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set ~ Y~hand and affixed my official seal the day and year in this certificate first above written~~ / ~-; ,. v .~ _ ~ F . ~ ~ ~7rC e~ -~~ ~ ~ :~ O O~~'d'i fir' ~'~" 1`II .~ ~ .~ uw M ~,, ~~~~~'~~ ~~ ~ ~:~4 ~'~ ~~ Public for ~/-25- ZOOO NON-DEVELOPMENT AGREEMENT, Page 5 o~io~i~-,,~ interoffice MEMORANDU M to: William G. Berg, Jr. -City Clerk tt: File from: Gary D. Smith, PE re: The Lake @ Cheery ubd. No.4 date: August 11, 199 7 Will: I have reviewed the Non-development Agreement for a portion of this subdivision as submitted by the developers attorney, Steve Bradbury, on August 11, 1997. It is my understanding that this proposed agreement is to be placed on the August 19, 1997 City Council agenda for action. My review comments are as follows: 1. In the second paragraph of page 1, Exhibit A is not attached. 2. In the fourth paragraph of page 1, reference is made to proposed lots since this subdivision is not now a matter of record. I wonder if the area occupied by.these lots should be set forth by a metes and bounds description with the proposed lot and block numbers since the plat has not been recorded and technically these lots and blocks don't exist. 3. In Item 6, page 3, I wonder if we can declare a portion of the plat as null and void. . 4. At the bottom of page 4, I think that the City Clerk should be added to the Notary Statement since he is signing the document. from die desk of_ Gary D. Smith, PE Public Works fSrector Gry of Meridian 33 E. Idaho Meridian, Idala 83642 208-881-2111 fax: 208-881-1291 or 208-~1~i813 ~,.~s _ - . . v._.,-.. yrs. / & ~ e}1, , 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Charles Eddy Pacific Land Surveyors 290 N. Maple Grove Rd. Boise, lD 83704 RE: The Lake at Cherry Lane No. 4 Subdivision Dear Charles: OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345.2431 The Nampa & Meridian /rrigation District has received and reviewed the above mentioned project and as indicated, the storm water will remain on site. The pressure irrigation system is to be a continuation of a previous phase. The piping and valves appear to be adequate, however, the information regarding the pumps needs to be reviewed. The tota/pumping system should be checked by the developer to ensure this system will function with this new phase. Therefore, with the exception of the pumps, this project should be sufficient for the Nampa & Meridian /rrigation District. /f you feel further discussion is required regarding this project, please feel free to contact me. Sincerely, i3®~/~. Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTR/CT JPA: dln cc: File Each Director Secretary-Treasurer Water Superintendent Attorney - Burri ..City of Meridian APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 18 June 1997 Y w MERIDIAN CITY COUNCIL MEETING: /~" `~ /~~ (~7 APPLICANT: ~ /~LP/C ~~ ~O ~~'tiP.yv~ AGENDA ITEM NUMBER: ~< REQUEST: /~~GLQ~ G I'Ll9'z't - Cllr ~`~-e L~l~e C C~,,.c,, ~¢- AGENCY COMMENTS CITY CLERK: :.~~;i 'f7 0~''y~.- ~f ~/~'LfiC, ~ ;-,;.e-.~;~ e~ 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: a - 'k STEINER DEVELOPMENT, LLC S1T+~Ga V ~~ MAY - 1 1997 qlY OF ~ERi~AAi April 30, 1997 Mayor & City Council City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 888-4433 fax 887-4813 Re: Release of the Non-development Agreement for The Lake at Cherry Lane #4 Gentlemen Please include the request of the release of the Non-development Agreement for The Lake at Cherry Lane Subdivision #4 on the City Council's agenda for May 6th, 1997. Steiner Development wishes the City Council to release this agreement from this subdivision as all the sewer and turnaround easements have been resolved. We would like your approval of the release so we can continue this project. please call me. I continue to appreciate your cooperation. cc: Mr. Gary Smith Ms. Shari Stiles Mr. Bruce Freckleton Mr. Rick Clinton Steiner Development Sl"EINER DEVELOPMENT, LLC 22 April 1997 City of Meridian 33 E. Idaho Meridian ID 83642 Atha: Mr. Gary Smith RE: The Lakes at Chevy Lane # 4 Construction Drawings Approval Dear Gary: During our discussion at my office last week, I had asked for approval of the construction drawings for the takes at Cherry Lang # 4. Due to our acquisition of the Fuller property, we could relieve our sewer easement problem as well as delete the temporary lift station with such approval. You stated that you could give approval with a few conditions. One would be that we take the Ptan A approach; approval of the project with the lift station, and Plan B approach would be for Steiner Development to submit working drawings for a sewer extension through the Futter property to connect with Brighton. You also stated that we present the City with a warranty deed showing that Steiner Development owns the property. In speaking with Rick Clinton, he suggested that we write a letter assuming Liability and ensuring the sewer extension between # 4 and Brighton would meet the necessary requirements. 1 am submitting three sets of plans for Rick's review and comments. Gary, if there are any omissions or corrections in regard to our conversation as outlined above, plea advise. Thank you for your consideration. Si , ~~ Ct~ Doug CampbeN cc: ~iM~N~AI~"""~~ Bruce Freckleton Rick Clinton CENTRAL •• DISTRICT pl'1'HEAL DEPARTM TH ENT MAIN OFFICE ~ 707 N. ,ARMSTRONG P! . ~ BOISE, ID 83704.0825 ~ (208) 375-5211 ~ FAX 32'-?ti;;L To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 97-108 February 13 , 1997 . - ~- -- ""- - -• `_..1 ~-i ._. David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: The Lake At Cherry Lane #4. Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and signed this plat with sanitary restrictions in force. The plat was signed on February 12, 1997. No owner shall construct any building, dwelling or shelter which necessitates the supplying of water or .sewage facilities for persons using such premises until sanitary restriction requirements are satisfied and lifted. Please call if you have any questions. Sincerely, ~~~~ Michael H. Reno, EHS Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Martin O. Jones, Supervisor of Environmental Health Tom Schmalz, Sr. Environmental Health Specialist HUD City of Meridian , Pacific Land Surveyors Stiener Development, L.L.C. Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. Boise. ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 ~a I~ Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st Street R.O. Box 1448 McCatl, ID. 83638 Ph. 634-7194 FAX:634-2174 ~~ L- i -~ /!~~ L ~~ / ~} %i EBERLE, BERLIN, KADING, TURNBOW & MCKLVEEN, < v CHARTERED ATTORNEYS AND COUNSELORS AT LAW CAPITOL PARK PLAZA 300 NORTH SIXTH $TR EET POST OFFICE BOX 135'8 STEPHEN A. BRADBURY BOISE. (OAHO B37OI Gary D. Smith, ~ J~ CQ Ci En ineer _ " ~ !' ty g City of Meridian 33 East Idaho Avenue Meridian, ID 83642 JAMEB L. BERLIN OF COUN8[L November 18, 1996 ~ V ~ ~' ~/ ~~ ~ p _ ~ Iv~/ ` L //~' ~aZ~L2~~2~ ~r `%~ ~ ~ TELEPHONE (a08) 344-6333 FACSIMILE (aoe) 344-es4a T. H. EecwLe ~lazs-la~~) vnt~EIVEDG~~,~ DEC - 31996 Q11f OFMFRmW~ Re: Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4 Dear Gary: I am enclosing for your review and comment a proposed Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4. As you know, although the owner desires to complete the necessary subdivision improvements, record the subdivision plat and begin marketing the subdivision lots, they have run into difficulty in obtaining required easements for certain required sanitary sewer lines. In order to avoid having this difficulty prevent them from further pursuing the development of other portions of their property (specifically The Lake at Cherry Lane Subdivision No. 5) the owners are asking that the City consider permitting the final plat of Subdivision No. 4 to be recorded subject to the restrictions contained in the enclosed Non-Development Agreement. Once you have had an opportunity to review and consider the foregoing, and should you have any questions or concerns, please feel free to call either Doua Campbell or me. The owners would, of course, very much like to have this Non-Development Agreement (or another one which is more satisfactory to you) presented to the City Council for its consideration at the earliest opportunity. Very truly yours, SAB:jkr :/ ~ r~ `teplien ~. Bradbury cc: Doug Campbell (w/enclosure) Sandy Clay (w/enclosure) ~ 3 r - ~ i . •)~ 1 I ' EBERLE, BERLIN, KADING, T'URNBOW ~, ~ ~YIcI~LVEEN, CHARTERED . 300 North Sixth Street " ( ~ Post 4t'fice Box 1365 ~ ~~ 'Boise, Idaho 83701-1368 ~. E. ~ Telepb~me No.: (208) 344-g,S35 ~s ,, Facsimile No,: (208} 344-8542 ~FA~ COVER SHEET DATE: December 3, 1996 .; PAGES INCLUDING THIS SHEET: ~( ;Td: Will Bcrg NUMBER: 887-4813 ~; i' FR~M: Jeri Rose ' I T1BR: Lake at Cherry Lane Subdivision No. 4 y O: Doug Campbell asked me to fax this revised Non-Developmen you. i If transmission is not properly received, please call Jeri at (208) 344- I e***** . ~,+- ow.re.r a tlw ~..InAan d rpwp~p P't~w~ .s~1/wivt d Owr.1 ~$'Sw a4 r. yYl. r.i~Wl w arMy eii.iwo. 4 rol -f' amidrl nofpl.-. Son.so A.n6g MBh/ 4or.p MwMMiw. w e..ar, dw~ nabl' r r~r.y -y wl4er a6l~r wf l.On..w,. ~oA'rM d~ Mrnwlydpl 6lsbdy woMbot, ;JA+lrr I ~ wro.rdr N r w ~r dwo rWr rM U.R 16W. IV. »IN Mniuw Son1U., ' I ' i i I DEC 03 '96 17:11 to h ra.ir ~/Y a.qq. r/rw~wr-.rrrr w ~' 7Ro.1~ rn. I' . .PAGE.01 _ - 5E19T-6T1 ! i. ~. NON-DEVELppI-ZEN1' AGREEMENT This Non-Development Agrcetatutt ("Agreement") is made and entered day of November, 1996, by and between Louis J. Steiner and Brenda Steiner, hu, whose address is 554 East Bellevue Road, Atwater, California 95301 (hereinafte "Developer") and the City of IIVIGtidian, a municipality of the State of Idaho (here; t0 aS "Clty"). ' WHEREAS, Developer is the owner of all real property and subdivision I. in file proposed subdivision known as The Lake at Cherry Lane No. 4 Subdivi, Adh,`County, Idaho (hereinafter the "Subdivision"), a wore particulaz descriptic I' atti~ched hereto as Exhibit A; and ~ ` WHEREAS, Devel open desires to record the final plat of the said Subdiv WHBRFAS, the Developer nerds to obtain certain easements for the i opt~ation and maintenance of saanitary sewer Hues across property owned by a ib wHEREAS, Developer desires to withhold development of street, irrigation and other utility and lot improvements and gale of the lots in the said ; ;~ suc>r time as the said sanitary sewer easements can be obtained; ~ NOW, THEREFORE, in consideration of the mutual covenants and agreem her~in, the parties hereW agree as follows: ! 1. The City shall process for approval, and when approved, execute of The Lake at Cherry Lane No. 4 Subdivision, whicy final plat, when approved I i NOl'~J-DEVELOPIVIBNT AGRBEN>B1VT, page 1 DEC 03 '96 1?~12 r sto this land and wife, referred to as tauter refenid ,; lots contained ion located in 1 of which is lion; and construction, ~ l~y~ and ~rer, water, division until at9 wntained ~I he final plat ~ ii nd executed I unua~~ PAGE.02 ~ ~ i by all required governmental entities may be recorded as provided by law subject, however, ~o the following conditions: f i f A, Developer shall not sell any of the lots in the said Subdivision during tt~e mrm of this Agreement unl~ this Agreement is first 'Hated or modified b the parties sb as to permit the sale of the skid lots, or some of them, upon such terms and co ' 'one as may i ' b r__. e agreed upon; ~ B. Developer shall not install or per, to be installed any they said Subdivision, including, but not limited to, sheet, sewer, water, irrig i uti ity and lot improvements (hereinafter "Improvemen s") without the prior wr the City. 2. At such time as Developer desires to in tall any of the said Imp. De~eloper shall submit a written request to the City which shall contain a detai of the Improvements which Developer desires to install (which said Improvema of ail or only a portion of the complete improvements inquired for subdivision i togi;ther with an estimate of the time and cost to complete such Improvements, i consider the Developer's request therefor and shall, in the reasonable exercise of permit the said Improvements to be installed on such conditions as the Ci m ty require including, but not necessarily limited to the requirement that Developer city an irrevocable letter of credit or cash deposit and surety agreement In ari am to secure the Developer's full and adequate performance upon the installation ~ Improvements in accordance with the detailed description of the Improvements su City. The amount of the said irrevocable letter of credit or cash deposit and sure will' be calculated at the prevailing conswetion costs as reasonably determined Developer agrees and understands that the installation of any Improvements shall NON-DBVELOpMffiVT AGE p~ 2 I DEC 03 '96 17:12 vements in and other consent of avements'then ed description rs nsay consist ~velopment), fbe City shall its discretion,, ~y reasonably dew W the smt sufficient f such stated rmitted to the . ly agreement by the City. K performed. nn~ PAGE.03 -... _ ~_ i ~~ .~i.,, }n accordance with the City's standards and specifications in effect at the time of actuai ~itstallation. , I. ~ 3. Devetoper and City specifically understand and agree that the pwpoeeof thfs ~~ ~, :: ~: agreement is to permit the approval, filing and recordation of the final plat of the said Subdivision and yet prohibiting the development there If and sale of lots therein. Aceatdingly, ~ .~ is understood and agreed that the status of the lots in the said Subdivision vial be as ~tlitiugh the final plat thereof had not been filed and recorded, 'It is further understood agreed that ' I ~ dxCept as specifically contained herein, this Agreement is not intended to nor d it Gave the j, i ~ effect of altering any pus aPprov~s, conditions or requirements p to the said Subdivision. 4• Developer aclaiowledges that this Agreement will be recorded in a office of the Ad~ County, Idaho Recorder in order to pmvide public notice to prospective pu , of the i Temporary restraint on the conveyance of lots is the said Subdivision. At ,such tune as Developer has completed the installation of all Improvements as required by the governmental entities with jurisdiction thereof, this Agreement shell terminate exebute and deliver to Developer for recordation an appropriate document relE temporary restraint on the conveyance of lets in the said Subdivision and acknowiR Agreement shall have no further frnce and effect. S. This Agreement shall terminate one year from the date of execution extended by a further written agremtetlt Of the patties Or uNesS Develop i com4nenc~ installation of the said Itnpsovements, whereupon Developer shall J i front the date thereof W complete the installation of the said Improvements. In Agreement does terminate by reason of the failure of the peveloper to commence '~ ' ~ r` the installation of the Improvements as set forth herein, approval of the NON-DEVELOPMENT AGREEI~V`T, page 3 i ...___,_~-r,.,a,-z.,r,..~-_....T-, ...... M_..~-,.,,,. .. DEC 03 '96 17 13 ity and other ~d CSty shall ~ dre said ~g that this ~eof, unless shall have ve one year e ev~eet this td c~ntplete plat of the llntt96~r PAGE. @4 +87 4813~ii ; ~ I i ~i i ' I S bdivision shall be null and void and City shall record a statement that approval of the final ~ pl t of the Subdivision lies been voided, whereupon any further development the propert~- ' ~ sh 1 require additional approval from the City. ~~ .~~ ~~~ 6. This Agreement shall inure to the benefit of, and be binding n, ~' ~'~9i. ,;, ex~cutors, administrators; assignees, and successors of the respective parties ~ ~~ ' ~; ~ ~ 7. Pesch of the partied hereto egrets to execute any other documen necessary, or ! f~ ~` a Ip~iropriate to effect the intent of the parses as expressed in this Agreement. ' IN WITNESS WIiEREOP, the Developer and the City have eaeeuted this A ment on tlse day and year first above written. ~' DEVELOPER: ,'t ~~ j' Louis J. Shiner ~i, I, '~ ~ ; Brenda Steiner ~ • ~; i CITY: CTfY OF MERIDIAN I~ ' I: B ;; Y Robert Come, Mayor AT'~EST: I, i William G. Berg, Jr. City Clerk i STAB, TE OF CALIFORNIA) ' , ' ~ 99. Cou~ity of Merced ) ~ ; On this day of December, 1996, before me, a Notary Public in sod Pr said State, , ; personally appeared LOUIS J. STEINER and BRENDA STEINER, husband and wife, known or identified to me to be the persons whose names are subscribed to the foreg ' instrument, and heknowledged to me that they executed the same. ' j ~10N~ -DEVELOPMENT AGREEMENT, Page 4 ~~- ~. --- _. ., ~ ~ _ __ DEC 03 ' 96 17~ 14 ~ Pte: ~• '-~ ~'- ' I a~ li _ ere er ~ ~ ~ ..._...~; _. •i ~I ,~ i _ 'I IN WITNESS WHE~pp, I have hereunto set my hand and notarial seal the day and i year in this certificate first above written. ", ~ ' Notary Public for Califoania ~ I i My Commission Expires I ~ ~ STATB OF IDAI~O) ss. County of Ada ) On this day. of December, 1996, before me, the undersigned Notai for said State, personally appeared ROBERT CORRIE, known or identified >G Mayor of the City of Meridian, the municipality that executed the within final person who executed the instrumeta in behalf of said municipality, and aeknowle sue municipality executed the same, ~ ~T~ss w~OF, I have hereunto set my hand and affixed my i day and year in this certificate first above written. i i Notary Public for Idaho I My Commission bcpi.res _~ I NON-DEVfiLOPMENT AGREt~iE1VT, page 5 .I ~1,~ ~~ DEC 03 '96 17 14 ' Public in I nd me to be ~ the ument, oar -the ged to me that seat the i imu~~ .. ~ -- _ .--'PAGE.06 ~. ~__.. ! t MERIDIAN CITY COUNCIL MEETING: APRIL 18.1995 APPLICANT STEINER DEVELOPMENT ITEM NUMBER; 8 REQUEST; FINAL PLAT: THE LAKE AT CHERRY LANE NO 4 AG NCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION; SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS .~LIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, F1reChlef W. L "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-221 l GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chalrrnan 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 Hail, Attn: Will Berg, City Clerk by: April 11. 1995 TRANSMITTAL DATE: 4/02/95 HEARING DATE: 4/18/95 REQUEST: Final Plat for The Lake at Cherry Lane No 4 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: South of Ustick Road, East of Black Cat Foad JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C!C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY ENGINEER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT) CITY FILES , % ,~ ~ S"' OTHER: ~f YOUR CONCISE REMARKS: CITY CITY PLANNER U ~ (~%, L L :~.- l -e g-oi'' ~ .v (7 ' r .~c...~ 'li' C n ~~ ~ t'" C~ C; f..e. ~ h. v rti (~ Y .~ {.j ~ 1 Ut Mi:KitjiN.. ~ L-___ 4~~ EXCEL! ~Z ~ ~ /~~~y~~~ Q ~~ ~° SUPERINTENDENT OF SCHOOLS ~~°'~~~ DEPUTY SUPER NTENDENT Dan Mabe, Finance & Administration A~E~ '~ Jf '~~~~ ASSISTANT SUPERINTENDENT Christine Donnell, Personnel & Instruction rj•r•v ~~ ~~~~~~~~ DIRESITOR Belknap, Elementary L i i Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET MERIDIAN, IDAH083642 PHONE (208) 888-6701 April , City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: The Lake at Cherry Lane No. 4 Subdivision Dear Councilmen: I have reviewed the application for The Lake at Cherry Lane No. 4 Subdivision and find that it includes approximately 54 homes assuming a median value of $175,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Eagle High School. Elementary students from this development will be transported to Lake Hazel Elementary, due to overcrowding at Linder Elementary. Using the above information we can predict that these homes, when completed, will house 15 elementary aged children, 13 middle school aged children, and 16 senior high aged students. At the present time Linder Elementary is at 143 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Dan Mabe Deputy Superintendent f~ CENTRAL REVIEW SHEET •• DISTRICT Environmental Health Division Return to: HEALTH ~EC~~~~~ ^ Boise DEPARTMENT APR 1 p ~ggg ^ Eagle ^ Garden city Rezone # 4,.~ 1 7 ~,~ iiY(Er.tr~~n:+~ . Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ^ ACZ ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ,[~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well ^ interim sewage .central water ^ individual sewage ^ individual water ®' 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines ,~eentral water „~-9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. 5~.~-/~~ ~ • Date: ~/ ~ ~~ ~~ Reviewed By: /'D~n . 4'l~/Yt7vT, • CDHD 10/91 rcb, rev. I I/93 jll OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Worka Supt. JOHN T. SHAWCROFT, Was-e Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI S. STILES, P ~ZAdm. KENNETH W. BOWERS, Flre Chlef W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-0433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCtI MEMSER3 RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P 8 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI Ir;~~- { ~ ~ (j ~ /~ t~ ! ~ ~ JIM SHEARER REE CH , `1 ~ 11.1 L~ IJ \J° ' TIM HEPPER r.. ihi~;oH~rorv ~;s i R;CT 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: April 11. 1995 TRANSMITTAL DATE: 4/02/95 HEARING DATE: 4/18/95 REQUEST: Final Plat for The Lake at Cherry Lane No. 4 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: -South of Ustick Road. East of Black Cat Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 606 CORRIE, CIC WALT MORROW, CIC h9R,`; YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER irrigation water be made av 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 8 FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: All laterals and waste wavs must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. Bill Henson Assistant Water Superintendent ~~r~~~C~\/G1/ Nampa & Meridian Irrigation District APR 12 1~3~ APR a ~ t995 C[T~ ~F M~ti~;s~~f.: 0111 ~J-1r ~N1cKi~t~~A r~za & ~l~i~id~a~ ~Ifiniga~i~ 2~ra,~itet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 John T. (Tom) Eddy Pacific Land Surveyors 290 N. Maple Grove Boise, ID 83704 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for The Lake at Cherry Lane No. 4 Dear Mr. Eddy: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Steiner Development City of Meridian enc. - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 11 April 1995 HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIA RONALD R. TOLSMA MAXYERRINGTON GARY D. SMITH, P.E. City Engineer N ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner & Zoning Administrator W.L. BILL GORDON, Police Chief ' JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD MEMORANDUM Mayor TO: Keith L. Jacobs,. Jr., Pacific Land Surveyors FROM: Shari L. Stiles, Planning & Zoning Administrator DATE: April 24, 1995 SUBJECT: Lake at Cherry Lane No. 4 Subdivision Gary Smith forwarded your memo dated April 19, 1995, to me for response. The changes proposed do not represent a significant change and are acceptable as proposed. Please ensure all lots will maintain a minimum square footage of 8,000 square feet. If you have any questions, please do not hesitate to contact me. HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A Good P1aCC t0 LIVC WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA MAXYERRINGTON JANICEL.GASS,CityTreasurar CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: April 14, 1995 To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engineer Re; THE LAKE AT CHERRY LANE NO. 4 SUBDIVISION - (Final Plat) I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This Plat generally conforms to the previously approved Preliminary Plat. 2. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any. revisions necessary to conform. 3. Provide a statement of conformance with the approved Preliminary Plat and meeting all requirements and/or conditions thereof. 4. provide a statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 5. The street frontage of Lot 61 Block 2 needs to be increased to provide a minimum of 80 feet, per R-4 Zoning requirements. 6. The Plat maps need to be certified by the Land Surveyor. 7. Revise the domestic water service origin note in the Certificate of Owners to read; All Lots within this plat will be eligible to receive water service from the City of Meridian's Municipal Water System, and the City has agreed in writing to serve all the Lots in this subdivision. 8. Check the alignment of the Rutledge Lateral as it crosses Lot 44 Block 4. It appears that the easement shown on the Plat map will not be adequate to accommodate public utilities as well as the Rutledge Lateral. 9. The bearing of the easterly boundary of Lot 19 Block 1 doesn't comply with that of the existing westerly boundary of the adjacent plat of record "The Lake at Cherry Lane No.2". Revise the Plat map to show (Data of Record). C: \WPWIN40\GINIItAI-\LAKECL4. C-C LAKE AT CHERRY LANE NO. 4 SUBDIVISION - (Final Plat) April 14, 1995 Page 2 10. Please consider showing a larger scale detail of the configuration of Lots 46-48 Block 2, and Lots 21-26 Block 3, to better clarify pin locations. 11. Provide 50 foot radius temporary turnaround easements at the westerly ends of W. Moon Lake Street, N. Sea Cove Way, and W. Hazbor Point Drive. These easements shall remain in force until such time as these streets are extended, a note needs to be added to the Plat to that effect. 12. Golf Course Lot 55 Block 2, and Lot 19 Block 1 aze to be deeded to the City of Meridian. 13. Provide a temporary easement, for the conveyance of the gravity sanitary sewer, from the westerly ends of W. Harbor Point Drive, and N. Sea Cove Way, north to W. Moon Lake Street. The purpose of this easement is to construct a temporary sanitary sewer main to service the Lots fronting these two streets until such time as permanent sewer mains aze constructed in Ashford Greens Subdivision. 14. Complete the Book and Page reference to the recorded Plat of The Lake at Cherry Lane No.3 Subdivision when recording takes place. 15. Revise the fourth to last call in the legal description of the Certificate of Owners to read; ... Southwest corner of Lot 11, Block 2; 16. Revise the third to last call in the legal description of the Certificate of Owners to read; thence South 11°51'41" West 207.58 feet (formerly South 11°44'56" West 207.40 feet) to an iron pin marking the Southwest corner of the said subdivision The Lake at Cherry Lade No. 2; C: \WPWIN60\G ENERAL\I.AICECI.4. C-C OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 3 Z Adm. KENNETH W. BOWERS, Flre Chlef W. L. "BILL" GOROON, Pollee Chlef WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT 0. CORRIE WALT W. MORROW P d Z COMMISSION JIM JOHNSON. Chairman MOEAUOJANI 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: April 11. 1995 TRANSMITTAL DATE: 4!02!95 HEARING DATE: 4118!95 REQUEST: Final Plat for The Lake at Cherry Lane No. 4 BY: Steiner Development LOCATION OF PROPERTY OR PROJECT: South of Ustick Road. East of Black Cat Road JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, CJC 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 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF R LAMATION(PRELIM ~ FINAL PLAT) CITY FILES ~~ ~ / ~ /_ ~ru~e. n _ _ Lv _ ~ YOUR CONCISE _ ~~aT'~, s ~D Ya~..varx it APR - 6 1"~9~ HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN C'TY ~~ ~~5~3]~~9~!!G MERIDIAN CITY COUNCIL MEETING:___ December 3.1996 APPLICANT: ITEM NUMBER; 6 REQUEST:NON-DEVELOPMENT AGREEMENT FOR THE LAKE AT CHERRY LANE SUBDMSION #4 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: COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian. EBERLE, BERLIN, KADING, TURNBOW & MCKL~EEN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW CAPITOL PARK PLAZA 300 NORTH $IxTH STREET STEPHEN A. BRADHURY POST OFFICE Box 1368 BOISE, IDAHO 83701 TELEPHONE (208) 344.6535 FACSIMILE (206) 344.8542 JAMES L. BERLIN OF COUNSEL Gary D. Smith, P.E. City Engineer City of Meridian 33 East Idaho Avenue Meridian, ID 83642 November 18, 1996 T. M. EBERLE (1922-1977) Re: Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4 Dear Gary: I am enclosing for your review and comment a proposed Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4. As you know, although the owner desires to complete the necessary subdivision improvements, record the subdivision plat and begin marketing the subdivision lots, they have run into difficulty in obtaining required easements for certain required sanitary sewer lines. In order to avoid having this difficulty prevent them from further pursuing the development of other portions of their property (specifically The Lake at Cherry Lane Subdivision No. 5) the owners are asking that the City consider permitting the final plat of Subdivision No. 4 to be recorded subject to the restrictions contained in the enclosed Non-Development Agreement. Once you have had an opportunity to review and consider the foregoing, and should you have any questions or concerns, phase feel free to call either Doug Campbell or me. The owners would, of course, very much like to have this Non-Development Agreement (or another one which is more satisfactory to you) presented to the City Council for its consideration at the earliest opportunity. Very truly yours, SAB:jkr i ~~ `tep~en ~. Bradbury cc: Doug Campbell (w/enclosure) Sandy Clay (w/enclosure) NON-DEVELOPMENT AGREEMENT This Non-Development Agreement ("Agreement") is made and entered into this day of November, 1996, by and between Louis J. Steiner and Brenda Steiner, husband and wife, whose address is 554 East Bellevue Road, Atwater, California 95301 (hereinafter referred to as "Developer") and the City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City") WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as The Lake at Cherry Lane No. 4 Subdivision located in Ada County, Idaho (hereinafter the "Subdivision"),amore particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, the Developer needs to obtain certain easements for the construction, operation and maintenance of sanitary sewer lines across property owned by a third party; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of the lots in the said Subdivision until such time as the said sanitary sewer easements can be obtained; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The City shall process for approval, and when approved, execute the final plat of The Lake at Cherry Lane No. 4 Subdivision, which final plat, when approved and executed NON-DEVELOPMENT AGREEMENT, Page 1 11111/96ykr by all required governmental entities may be recorded as provided by law subject, however, to the following conditions: A. Developer shall not sell any of the lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon; B. Developer shall not install or permit to be installed any improvements in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written consent of the City. 2. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install (which said Improvements may consist of all or only a portion of the complete improvements required for subdivision development), together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed NON-DEVELOPMENT AGREEMENT, Page 2 11/11/96ykr in accordance with the City's standards and specifications in effect at the time of actual installation. 3. Developer and City specifically understand and agree that the purpose of this Agreement is to permit the approval, filing and recordation of the final plat of the said Subdivision and yet prohibiting the development thereof and sale of lots therein. Accordingly, it is understood and agreed that the status of the lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. 4. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of lots in the said Subdivision. At such time as Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and cause to be duly filed and recorded in the Office of the Recorder of Ada County, Idaho, an appropriate document releasing the said temporary restraint on the conveyance of lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. 5. This Agreement shall terminate one year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete NON-DEVELOPMENT AGREEMENT, Page 3 ,1n~,9~-,,~ the installation of the Improvements as set forth herein, approval of the final plat of the Subdivision shall be null and void and City shall record a statement that approval of the final plat of the Subdivision has been voided, whereupon any further development of the property shall require additional approval from the City. 6. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 7. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: CITY STATE OF CALIFORNIA ) ss. County of Merced ) Louis J. Steiner Brenda Steiner CITY OF MERIDIAN By Robert Come, Mayor On. this day of November, 1996, before me, a Notary Public in and for said State, personally appeared LOUIS J. STEINER and BRENDA STEINER, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. NON-DEVELOPMENT AGREEMENT, Page 4 ,~~,~~~_~ IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and yew ii. ~ ;is certif cafe first above ~v~-itt~n. Notary Public for California My Commission Expires _ STATE OF IDAHO ) ss. County of Ada ) On this day of November, 1996, before me, the undersigned Notary Public in and for said State, personally appeared ROBERT CORRIE, known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires NON-DEVELOPMENT AGREEMENT, Page 5 iiiiii~-,~ I rev s ~ i•'3 •: t^. n ~-^~ -~ ~~ ~ ~ 1K ;1 ;+ ~/ 5 J / ~ ~ ~' ~ 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 . Fax (20a) 3713-0025 PROJECT: 515062 DATE: September lit, 1995 DESCRIPTION FOR THE LAKE AT CHERRY LANE Na 4 A PORTION OF THE NORTH-HALF SECTION 3 T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the North-Half, Section 3, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho and more panictilarly described as follows: Beginning at a Brass cap marking the Southeast corner of the Northeast Quarter of Section 3,. T.3N., R.1 W., B.M., Meridian. Ada County, Idaho; thence along the Southerly boundary of the said Northeast Quarter of Section 3, North 88°55'29" West 2643.29 feet to a Brass cap marking the Southwest corner of the Northeast Quarter, thence leaving said Southerly boundary, North 75°30'00" West 190.00 feet to a 2" iron" pipe, said 2" iron pipe also being. the REAL POINT OF BEGINMNG (Initial Point); thence North 40°00'00" West ~i(1.00 feetto an iron pin: thence South 75°59'31" West 70.00 feet to an iron pin; ` " thence South 25°00'UO" West'64.19 feet to an iron pin: thence North 89°25'06" West 354.52 feet to an iron pin: thence North 00°30'I8" East 212.27 feet roan iron pin:. thence North 82°30'02" East 359:91 feet to an iron pin: thence North 00°30' 18" East 1058.53 feet to an iron pin on the Northerly boundary of the Southeast Quarter of the Northwest Quarter of said Section 3: thence along said Northerly boundary, South 89°18'58" East 301.76 feet to an iron pin marking the Northwest corner of the Southwest Quarter of the Northeast Qiiar(er of Section 3, T. 3N., R. 1 W., B.M., Meridian, Ada County, Idaho: thence leaving said Northerly boundary and along the Northerly boundary of the said Southwest Quarter of the Northeast Quarter of Section 3, South 89°02'00" East 550.08 feet to an iron pin marking the Northwest corner of The Lake At Cherry Lane No. 3 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 70 of Plats at pages 7167 and 7168; thence along the Westerh• boundary of said subdivision the following courses and distances; thence South QO°58'00" West IGO.UU feet to an iron pin marking the Southerly right-of--way of W. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation Maon Lake Street; thence along said Southerly right-of--way, South 39°02'00" East 32.43 feet to an iron pin; thence leaving said Southerly right-of way, South 00°58'00" West 120.00 feet to an iron pin; thence North 89°02'00" West 19.96 feet to an imn pin; thence South 08° 14'56" West 197.64 feet to an iron pin; thence South 21°=11'3" West 106.19 feet to an iron pin marking a point on the Northerly right-of-way of N. Sea Cove Way; thence leaving said Northerly right-of--way, South 64°06'56" West 76.45 feet to an iron pin marking a point of the Southerly right-of--way of N. Sea Cove Way; thence leaving said Southerly right-of--way, South 03°50'00" East 140.77 feet to an iron pin marking the Southwest corner of said subdivision. The Lake At Cherry Lane No. 3 Subdivision, also said iron pin marking a point on the Northerly bo~indary of The Lake At Cherry Lane No. 2 Subdivision as fi]ed for record. in the office of the Ad;t County Recorder, Boise, Idaho,. in Book 54 of Plats at pages 4882 and 4883;. thence along the.Northerly and Westerly boundary of said subdivision the following courses and distances; • thence South 86°09'17".West 170.1=1 feet (formerly South 86° 10'00" East) to an iron pin marking.the Northwest corner of said subdivision; thence South 03°59'40" East 100.1 I feet (formerly South 03° 50'00" East 100.00 feet) to an iron pin marking the Northerly right-of--way of W. Harbor Point Drive; ~ ~ ~ , thence .leaving said Northerly right-of--way, South 03°15'37" East 50.00 feet to an iron pin marking the Southerly right-of--way of W. Harbor Point Drive;. thence leaving said Southerly right-of--way, South 04°00'14" East 99..94 feet (formerly South 03°50'00" East 100.00 feet) to an iron pin marking the Southwest corner of said subdivision; "thence Leaving said boundaryy of The Lake At Cherry Lane No. 2 Subdivision, South I I°51'41" West 207.58 feet (Formerly South 11°=14'56" West 207.40 feet) to an iron pin; thence South 6S°UO'OU" ~dest 265.00 feet to a Brass cap marking the Southwest corner of the Northeast Quarter of Section ~. T.3N., R. l W.. B.M., Meridian, Ada County. Idaho: thence North 75°30'OU" West 190.00 feet to the point of beginning, comprising 23.09 acres, more or less. SUBJECT TO: All existing easements and road rights-of-~vay of record or appelring oii the above-described parcel of land. Prepared by: JTE/EDM John T. (Tom) Eddy, P.L.S. Pacific Land Surveyors V =y r ;, `y' --1 ~ " ,, n Z h O O xa ro z W h ~ yJj J O W p fv m~ o N p _ j~ U~ pU W ¢ ' ~~ ;~ ,~ ~ z W ~ W Q~ J ,~ U ~~~ 3 ~ ~ - ~ ~ ° ~ ~ `"~ U1 ~ ~ ~ m a = o co W z a X m0 l7 ~ ~ a a u `' Z Q z 0~ o 0 C QV ~ a i --~ Y i U p a m ~ ~ Z ° J W [D w J V~ W } m ~\ o m a z W a W N ~o o~ o, 00 i .C z G ~ ~~„~ ~ ~ fit: O z ~•~, °E~°'~ ~., a~ b °~ ~ ~ a~ ,o ¢~° ~ ~~"~ u V1 ~.,rG".,N ^~ yw ~ 1.~ .~ ,~ A ~ .~ e14 w ~ H C ~ O .C C y,,, C t3 U a~3'~c'~QU~ a~ ~ a~~ ~~~~~ ~ ~ ~ ~r 'd w ~ a+ +r w O 'd ~ C •~ O C) O p Q ~ ~, t~ C ~ ~ O E ~~E~•~o3'0 ao ,u;~ C'~ ~w «+ ~ .. ~ ~ ~ o ~~H°~°z°~E a ~~ c cU ,a`~~ ~ °~ ~ aQ ~0 3SS ~ '° O a ~ Q o z ~ ~..~ ~ h oo ~ 'y u a :O O N y y a) •G ~ ~ •~ p„ ~ •.. ~r ~ N ed b0 O ~ ~ by F, ~. w ar ~ ~i l~ i-r ~ ,~ ~+ ~i Q' V1 ~ Aw o b ~ ~ a~ ~ ; ~oA ~~ ~ ~ •~ ~ ~ ~ ~ ~ ~ ~ O C7UUc~~ A w c~ E c~~U az EBERLE, BERLIN, KADING, TURNBOW ~c MCKLVEEN, CHARTERED ATTORNEYS AND COUNSELORS AT LAW - CAPITOL PARK PLAZA 300 NORTH SIXTH STREET STEPHEN A. BRADBURY POST OFFICE BOX 1368 BOISE, IDAHO 83701 TELEPHONE (20B) 344-A333 FACSIMILE (208) 344-8342 .JAMES L. BERLIN OF COUNSEL Gary D. Smith, P.E. City Engineer City of Meridian 33 East Idaho Avenue Meridian, ID 83642 November 18, 1996 T. H. EeeRLE pazz-la»J Re: Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4 Dear Gary: I am enclosing for your review and comment a proposed Non-Development Agreement for The Lake at Cherry Lane Subdivision No. 4. As you know, although the owner desires to complete the necessary subdivision improvements, record the subdivision plat and begin marketing the subdivision lots, they have run into difficulty in obtaining required easements for certain required sanitary sewer lines. In order to avoid having this difficulty prevent them from further pursuing the development of other portions of their property (specifically The Lake at Cherry Lane Subdivision No. 5) the owners are asking that the City consider permitting the final plat of Subdivision No. 4 to be recorded subject to the restrictions contained in the enclosed Non-Development Agreement. Once you have had an opportunity to review and consider the foregoing, and should you have any questions or concerns, please feel free to call either Doug Campbell or me. The owners would, of course, very much like to have this Non-Development Agreement (or another one which is more satisfactory to you) presented to the City Council for its consideration at the earliest opportunity. SAB:jkr Very truly yours, tepT~en ~. Bradbury cc: Doug Campbell (w/enclosure) Sandy Clay (w/enclosure) NON-DEVELOPMENT AGREEMENT This Non-Development Agreement ("Agreement") is made and entered into this day of November, 1996, by and between Louis J. Steiner and Brenda Steiner, husband and wife, whose address is 554 East Bellevue Road, Atwater, California 95301 (hereinafter referred to as "Developer") and the City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City"). WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as The Lake at Cherry Lane No. 4 Subdivision located in Ada County, Idaho (hereinafter the "Subdivision"),amore particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, the Developer needs to obtain certain easements .for the construction, operation and maintenance of sanitary sewer lines across property owned by a third party; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of the lots in the said Subdivision until such time as the said sanitary sewer easements can be obtained; NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The City shall process for approval, and when approved, execute the final plat of The Lake at Cherry Lane No. 4 Subdivision, which final plat, when approved and executed NON-DEVELOPMENT AGREEMENT, Page 1 ~lnl,~-,k,. by all required governmental entities may be recorded as provided by law subject, however, to the following conditions: A. Developer shall not sell any of the lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon; B. Developer shall not install or permit to be installed any improvements in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written consent of the City. 2. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install (which said Improvements may consist of all or only a portion of the complete improvements required for subdivision development), together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's.request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to file requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed NON-DEVELOPMENT AGREEMENT, Page 2 iiiiiis~~ in accordance with the City's standards and specifications in effect at the time of actual installation. 3. Developer and City specifically understand and agree that the purpose of this Agreement is to permit the approval, filing and recordation of the final plat of the said Subdivision and yet prohibiting the development thereof and sale of lots therein. Accordingly, it is understood and agreed that the status of the lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. 4. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of lots in the said Subdivision. At such time as Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and cause to be duly filed and recorded in the Office of the Recorder of Ada County, Idaho, an appropriate document releasing the said temporary restraint on the conveyance of lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. 5. This Agreement shall terminate one year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete NON-DEVELOPMENT AGREEMENT, Page 3 1~~~1~9~-,,~ the installation of the Improvements as set forth herein, approval of the final plat of the Subdivision shall be null and void and City shall record a statement that approval of the final plat of the Subdivision has been voided, whereupon any. further development of the property shall require additional approval from the City. . 6. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 7. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: CITY Louis J. Steiner Brenda Steiner CITY OF MERIDIAN By Robert Corrie, Mayor STATE OF CALIFORNIA ) ss. County of Merced ) On.this day of November, 1996, before me, a Notary Public in and for said State, personally appeared LOUIS J. STEINER and BRENDA STEINER, husband and wife, known or identified to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed the same. NON-DEVELOPMENT AGREEMENT, Page 4 ll,ll,v~-,,~,. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and ye :- fir. finis certificate f;rst above w:it~en. Notary Public for California My Commission Expires STATE OF IDAHO ) ss. County of Ada ) On this day of November, 1996, before me, the undersigned Notary Public in and for said State, personally appeared ROBERT CORRIE, known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires NON-DEVELOPMENT AGREEMENT, Page 5 1~~1~~9~-,ti,. ---- •-~.~wvi,~ro-uUL5 PROJECT: 515062 DATE: September 1-x,'1995 DESCRIPTION FOR - THE LAKE AT CHERRY LANE No. ~+ A PORTION OF THE NORTH-HALF SECTION 3 T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the North-Half, Section 3, T.3N.. R. ] W.. B.M., Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a Brass cap marking the Southeast corner of the Northeast Quarter of Section 3,. T.3N., . R.1 W., B.M., Meridian, Ada County, Idaho; .r., y~ 290 ~iorth Maple Grove Road Boise, ID 83704 (208) 37A_azun ~___ .~,.~.....,. _ _ thence along the Southerly boundary of the said Northeast Quarter of Section 3, North 88°55'29" West 2643.29 feet to a Brass c~tp marking the Southwest corner~of the Northeast Quarter, thence Leaving said Southerly boundary, North 75°30'00" West 190.00 feet to a 2" iron pipe, said 2" iron pipe also being. the REAL POINT OF BEGINMNG (Initial Point): ~ ~ . - thence North 40°00'00" West =10.00 feet_to an iron pin: thence South 75°59'31" West 70:00 feet~to an iron pin; - thence South 25°00'00" WesC6=1.19 feet to an iron pin; thence North 89°25'06" West 354.52 feet to an iron pin: thence North 00°30~jg° East 212.27 feet to:an iron pin; thence North 82°30'02" East 359:91 feet to an iron pin; thence Nortlt 00°30' 18" East 1058.58 feet to an iron pin on the Northerly boundary of the Southeast Quarter of the Northwest Quarter of said Section 3; thence along said Northerly boundary, South 89°18'58" East 301.76 feet to an iron pin marking the Northwest corner of the Southwest Quarter of the Northeast Quarter of Section 3. T. 3N., R. 1 W.. B.M., Meridian, Ada County, Idaho: thence leaving said Northerly boundary and along the Northerly boundary of the said Southwest Quarter of the Northeast Quarter of Section 3, South 89°02'00" East 550.08 feet to an iron pin marking the Northwest coaster of The Lake At Cherry Lane No. 3 Subdivision as Gled for record in the office of the Ada County Recorder, Boise, [dalto, in Book 70 of Plats at pages 7167 and 7168; thence along the Westerh• boundary of said subdivision the following courses and distances; thence Soutlt 00°58'00" West 160,00 feet to an iron pin marking the Southerly right-of--way of W. I Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corooratinn Moon Lake Street; thence along said Southerly right-of-~vay, South 89°02'00" East 32.3 feet to an iron pin; thence leaving said Southerly right-of way, South 00°58'00" West 120.00 feet to an iron pin; thence North 89°02'00" West 19.96 feet to an iron pin; thence South 08° 14'56" West 197.64 feet to an iron pin; thence South 21°41'34" West 106.19 feet to an iron pin marking a point on the Northerly right-of--way of N. Sea Cove Way; thence leaving said Northerly riglu-of--way, South 6~i°06'S6" West 76.45 feet to an iron pin marking a point of the Southerly right-of--way of N. Sea Cove Way; thence leaving said Southerly right-of--way, South 03°50'00" East 140.77 feet to an iron pin marking the Southwest corner of said subdivision. The Lake At Cherry Lane No. 3 Subdivision, also said iron pin marking a point on the Northerly boundary of The Lake At Cherry Lane No. 2 Subdivision as filed for record.in the office of the Ada County Recorder, Boise, Idaho, in Book 54 of Plats at pages 4882 and 1883:. thence along the.Northerly and Westerly boundary of said subdivision the following courses and distances; ~ - . thence South 86°09'17".West 170.14 feet (formerly South 86° 10'00" East) to an iron pin marking.the Northwest corner of said subdivision; - thence South 03°59'40"..East 100.1 L feet (formerty South 03° 50'00:' East 100.00 feet) to_ an iron pin marking the Northerly right-of-way of W. Harbor Point Drive; thence leaving said Northerly right-of--way, South 03°15'37" East 50.00 feet to an iron pin marking the Southerly right-of--way of W. Harbor Point Drive;_ _ thence leaving said Southerly right-of--way, South 04°00'14"~ East 99..94 feet (formerly South 03°50'00" East 100.00 feet) to an iron pin marking the Southwest corner of siiid subdivision; thence [caving said boundary of The Lake At.Cherry Lane No. 2 Subdivision. -South t I°51'41" West 207.58 feet (Formerly South 1 l°44'56" West 207.40 feet) to an iron pin; thence South 68°00'OU" West 265.00 feet to a Brass cap marking the Southwest corner of the Northeast Quarter of Section 3. T.3N:. R. I W.. B.M., Meridian, Ada County. [daho: thence North 75°30'00" West 190.00 feet to the point of beginning, comprising 23.09 acres, more or less. SUBJECT TO: All existing easements and road rights-of--way of record or appearing oil the above-described parcel of land. Prepared by: Pacific Land Surveyors 0 JTE/EDM John T. (Tom) Eddy, P.L.S.