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Running Brook Estates FP
OFFICIALS WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. Clty 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) 888-A433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor February 10, 1995 Warren McQueary Power Electric, Inc. 1990 Nova Lane Meridian, ID 83642 (208)888-4778 RE: Street Lights for Running Brook Estates Dear Mr. McQueary, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner b Zoning Administrator JIM JOHNSON Chairman • Planning 8 Zoning Idaho Power Company has energized the two street lights at Running Brook Estates. The street lights do not come on. They informed me I need to contact the electrician which installed the street lights. By this letter, I am asking you to check our your installation of these two street lights and correct any problems that there might be. Please notify me when you have corrected or checked this situation. Sincerely, .~;~.~ William G. Berg, Jr. City Clerk x to w m w m rr E w I-+ (D w b w w n ~o c w w tD E O O r m w ~t tD w w rr. w a ~o E O G a w w m m w a n rz 0 to n a w b b n 0 c m a r'I rD [~ O a w n w 0 0 m o+ n C rt N V 3 n ..r C ~mc~~tn c~~'-'~ yZSmD~Dm -~~mzvmzr~ 1Tir~~vrvv'i ~~mm mom ~ ~ o o rp-n p~ D ~O m r m~~~~ t rn ~n zma' < ~mr=0~ = m m~~D~D ~m ~ m fad r O ' Q ~ ~ ~ ~ ~ ~ ~ ~ V' OD~C~ ~~ Z ~~ ~ ~Z~ 2 ,0? r~DZ~2 CA~v~O~ ~ ~ ~rn N m ~ C O N ~ ~ o~v~o~z ~ZOa,7DT On~C~~ zm mDmv c m ~ m _ r j 1 O w W V+ N O ~ m ~ ~ ~ ~ ~ rA m g ~ m -~ ~ v to c n m m N r O ~ -~ r oZ ~v ~~ m D2 m r OD ~~ ~~ ~ A m~ O~ v~ Z Om ~~ mz O v O~ Tf ~ z~ c m z v N c O S a N Z Z ~o a ~ c ~• w m n w ~ o ~N G r~o rr w UJ N UI ~w W ~ oa o ~ ~ M O fDN ai ~e w O uwi n rr ~ co ~ a b w w f9 O" G. O ~ ~ m o ~. 0 r, o ~~ o b rn w ~ a ~ w N W O M C ~ o+ w `i .7 w w~ 0 ~ ~ ~o r v+ w ~ o as ~~ x b w b ~o 0 w fD a rt w K r w a m n 3 co -~ w a w w d w A a 3 ~d x m 0 td ~c z E d H C H ~"~ 0 z w w w w w n m a w 0 ro ,v ro ~c~r ~ cn m wb ~d rr n p O ~ wwa~t ~t ~ a co n O 7rwM ~ ~ i ~ 1 I N I N fA w~'C N b W O O ~ b p'S b p't n w n w ~ 1't C ~ Q' fD w i--~ ,v w m o- m v' co m Ijm r~ tD m cn ~ ~ 0 0 N m r, 0 O m rt z m n 0 a w K w 0 W n fl v ... • HUB OF TRE ASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNE S.FORREY,AICP,CityClerk JANICE GASS Treasurer CITY OF MERIDIAI~T R A , ROBERTGI SLER BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR. Attorney 33 EAST IDAHO MAX YERRINGTON , JOHN SHAWCROFT, waste water supt. MERIDIAN IDAHO 83642 ROBERT 0. CORRIE KENNY BOWERS, Fire Chief Chairman Zoning 6 Planning BILL CORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4$13 Centennial Coordinator GRANT P. KINGSFORD PATSY FEORIZZI Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and r commendations will be considered by the Meridian t , may we have your answer by: 3 TRANSMITTAL. DATE : ,~~~,,,,,,. I,~ `.Qt~Et~RING DATE : s~'~-~ REQUEST : ~1~,~~b~ ~t!~!~-1.~.__._::~,. (~ C i ~- E3 Y : l ',~.t~~ ~.JL-hfl '3 ~,1-k-lJ~~~ 4 1r LOCATION OF PROPERTY OR PROJECT : ~_~~.Crn 6~ ~: ~,~, J~L~ d~ Sv ~ C'1CJ1/1 I Q fi ~ ~I .. P . >! ~ ~l~n ~~, ~ r JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C 808 CORRIE, C/C 806 GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER Y /:: MERIDIAN SCHOOL DISTRICT 'MERIDIAN POST OFFICE (PRELIM ANO FINAL PLATS) ADA.COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR._UISTRICT SETTLERS IRRIGATION DISTRICT IDA#10 POWER CQ:.--(`PRELIM AND FINAL PLATS) U.S. WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: Roylclnce & Associat~A. Engineers • Surveyors • Landplanners 4619 Emerald, Sulte l}2, Bolse, Idaho 83706 Telephone (208) 336-7390, Fax (208) 336-7391 GENTLEMEN: WE ARE SENDING YOU ^ Attached ^ Under separate cover via the following items: ^ Shop drawings ^ Prints ^ Plans ^ Samples ^ Specifications ^ Copy of letter ^ Change order ^ COPIES DATE NO. DESCRIPTION 3d Ici Roy, _ Z F.NA L T - (af} cK PA-G E y SE S O AL iUs Uct/oN NS pc..iCt4-T d,N 3 !O ~~~~ ~~ ~Q~~~~~~~Q~ GATE _ J/_ ~ I/ JOO NO. ATTENTION RE: NIN aoK L L T P IO THESE ARE TRANSMITTED as checked below: ^ For approval ^ Approved as submitted p Approved as noted p Returned for corrections ^ Resubmit copies for approval ^ Submit copies for distribution ^ For your use O As requested ^ For review and .comment ^ Return corrected prints ^ JFOR BIDS DUE 19 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS 1 F` YOI~ f~AU6 JAN ~ QUESTIO/U~7 PL~AC ALL COPY SIGNED: nGF:EEMENT TO FUf"~CH~15E 2/4/92 at:evnrr C, (lnc~c~r~,an tbi.tyer) a3CJrRe~3 to pt.trr_ha•tt? from Lee R. StuckRr ,~rrri Gcc>rgo t1. Cushi nt,] '(~;el ] ar a) .~ppro>; i matE?1 y 2.9 at:res a•f I7r nl~rr•t y 1 ctr,~trc:1 at: l..~rar~l !.?r-...~.cr-iptican: n r.-tr~r..c~1 taf 1 .:~nc:l i n the 5W 1 /~ NW i /~t of ~er_t i an 19, T. '_'N. , R. lf:, >~+tyima Meridian, Ada Cc~r.tnty, Naha, mar•c~ partlctilarly tie:~rr i taed ~~g f of 1 owns - I:rEGINhdING ~~t the Northwps.t ct~rnr,r of said SW 1/4 Nw 1/4 1 thence T^int.ti:l~ F39 • !;9 ' 1 ~" Ea~tt , 1119.74 feet to the Nartheatat cornar of #:Itr+ al~Jl /~f NIJl /~I i tt'ience • ar~t.tti~ Cl•4<.~'3Q1" bJP~t, 1~~i.~•.~1~9 fr:+rst; thenca - f•Jcu tl~- n y • ,^ • 1 ~" 4Je~t , 1 1?VI.2f+ feet to the Section 1 i ne of thA 41r:~k ~iti~ of ~ACtion 19; {~h~nce Nnr•tl~ C• ~:;' East a31 nnll !the Section 1 1 nta s di ¢tancs3 of 194. ~tA fr•.eh tta tf•re FAINT Cdr I~E:tiiNNING. ,r EXCtrf`T ditch and raacl ri yht~ a~F way. EXCCl~'TING THEREFROM: Tits: par'c~l of 1~~nd in the SWI/4 NWi/4 of section 19, T.;N, Ft. IE y !Z. M. , ncia Car.tnty, Id~~ho mare part i ct.tl arl y deescri bed as f tal 1 aws: 1.?F'..C:INhIIhJI'a rtt the NW rarrt!'r of the above ~~aid SW1/4 NW1/4~ tht'nce • Soutls f39' S9' 1.~'.," East along the North tide of said SWi/4 NW1/4, n distance of c~tZ12.99 feet to a point; hence running ,. Satsth_ t7' ~`";' 00" Wetat a diatanc.e raf 144.50 feet to a pointl ther;re rtsnni ng, fac-r•tt; E~~' r9' 13" West , 1 distance o~F ~St212.99 feet to a point on ti•;e cract:ian line of ~t?~p We!~t side of the above ~a~aid Section 191 hlor~ tlt C~• ~;0' C)C7" East sl ony the .sr?cti nn .line a distance of 144. ~0 •feet: to thr? FL7INT OF BEGINNING. EXCEPT ditch and road rights o•F way. t~ur•ch.•~,e prire is :87,600 per .-~c:re or portions thereof. Actual 1 anti si ~ e t acreage) to be determined toy ~rur.vt3y at buyers a>spense. f'r-ir:a to be paid in full at closing. C1 a~:i ng date to be within ;.•!7J days; of final plat approval or Jul y ~1, 199.E whir_hc:v~r cama_~ first. Clasing~date will be extended if __ bs.syc~r has madr~ honest, reasonable and timely effort to obtain such appra~~al but hax not received said approval because of the de1C•rys of the v~srioua governmental agencies involved. Regardlessr the a;ttenr~ian datra shell not e>;tend beyond 12-31-92. Fsuye1- ' s off ~Anrie>cafiion ~•7.ar~ing for `l1F.> i l i t: y t: a ~r in contingFnt as follows: to City of Meridian buyers cause. ,~ppraval by City of Meridian utat~~i n city 5r: wer and water ;+ i 1 • :llk>1 1 i ~t:y to cabtai n n.~ti afactory •f i nanci ng for project. • 'Ta>tes ~e water to be prorated to time of closing/posseecsion. Seller •t:o r,rovitle Ti•t:le Insurance and clear title free of encumbr~ancAS /w~~rranty deect. G1 r~si ng ra its to be d~vi dad c~q~.~al l y by and t:~etween sel 1 er and l~t_iyc~r. G1 casi ng wi ].1 tie thr•our~h First American Title i n 8oi se, s ld~~t•tc>. .. yt~r ct:FV~n f.;. (lnrir.,re~on ~+ i S/e~l 1 er ;~ " `' Lee Ft~.~St~iclcer Fse M. Stucker s~'•~ ~ ' Cc~orge A. Cushing G~~~~,,ee-21, Lenora M. Cushing NQTAF~Y ~ ,,i~,•a'~~•q,,~~~ - .V .~ ~ • r ~~w ' ~. /~ ,/ ~ (.. z I . Q t~L .,,~ ~~. ~~~ i~; y t' ~1. ;; <: 8622'04 GEED •. ~, .. 'I FOR VALOR RECEIVED, RICHARD L. CLAGNORN and MARGARET N. CLAG- HORN, husband and wife, as Grantorat' do hereby grant, bsrgain, sell and convey unto eORes tl. CU KING, and LENORA M. GVSIiING, husband and vile, and~j~E'R~'l~1t)~kER~Bhd FAB h. STbCkeR, TRUSTEES FOR THE LEe R. STOCKER AND FA~p M. STOCKER ,TRUSTa,_ , ointl ,; as ~~Yee,, whose n ^cenQ'duness la .;~,_~~,~~ ~•~~ TAI ~ . thowing described premises in Ada County, Idaho, to-witr All that certain real property particularly described as set forth on Ellhibit "A" attached hereto and incorporated herein by this reference. TO HAVB AND TO HOLD The said premises, with their appurten- ances, unto :he said Grantee, its heirs and assigns, forever. And the said Grantors da hereby covenant to and with the said Grantee that the Grantors ace thc•+owner in fee simple of said premises, that said premises and free from all encumbrances ellcept thox of record, and that Grantors wl11 warrant and defend the seine from all lawful claims whatsoever which do not appear of record as of the date hereof. THIS DEED IS FURTHER SUBJECT To the terms and conditions o[ an Estoppel Allidavtt made and delivered by Grantors to the Grantee of even date wlth this Deed. DATED Thia _ r- day of L(.~~.~%_-, 1986. ~~~ / _~ MARGARET M. CLAGHURN RI ~ -~ ~~~- CHARD L. CLAGHO~ STATE OF IDAHOI ! $lalf OI ~ "w.:aL _ County of ~ ,. ' ~~' r ~ldL~' _ ss. ea+ss OFFICIAL SEAL ORE1:H~"! AKIN RESTER ,. • UOIAer rutlx • CALIIORItM ~ OAIN6E WIINiy -y tn"w. nMrn 11th gyp, 1!h 'r,...~.,,•.~i . L wi ~, t d lF+t w, rp+~ rw+! ~ ;i vu ~• •~/.I A~ . t '' lllR E ~;+, DEEP i ti On Ihia the .,,A_, day of ~~~ 19,J=; before me. Ihs underelpned Notary Publle. personally appeared h~ `S'~' E~G~~ ''~j. C personally known tome proved to me on the bash of anlialaelory eridenee la be Iha Dereonlsl whose name(s) subeerlDed to the wllhlr Inelrumenl, and aeknowledped Ihal ~• r eeseulad Il. WITNESS my hand and olllelal seal. t 1 Nolary'e S pnalure MLrpa.l M01.11. Attp~YAr10N.,t,lr rlw,w. eM , w.„„w, IN11L C~ttttt S ~ 'i r ;.; pry. •~ (t ~ ~+"~~ ~!# , ~ ~~,,~~,,,,, Al t, r q y.!Y~ .fit'; i t • y~ i~ ~ ,~,~ ,~e ., .tti I{ ~' " . s k~G~~ ~.lvrl~.,j~ i : ~ M' .Ahr , ~ `~. A~ .. f ~„ `ti• t•~• ~ t R• ' ' ~ .,~. i ;.:;~;,:, pataal,ot Yaad !o tba 8Al/4 Nw 1/i o! Seatlon 19, 7. 3N. ~ ~1r~t, ~. Maridiae Ada Cottct7i Idaho, ^ose partl folse ~ ealarlY deserlbed as tollors •'~"~~., •,. south Ax9'O 9e Sbe a 3 ~ r o e S l t t~ • i theeet ~~~ 1 9.7~ a~l/i le~t t ' ° ~~ o the Northe ~~1 ' Mfl/41 theoca st corner of the SNi/f ij:•`~ ' 9oneb 0.46.50• • peat, 19.49 feet! thence „1 North 89.39'15' Me sta !120.26 !set ;o the Seeeion line of the Weae sld ~~~: of Section 19• theaee • • e North 0 SS' `' East aloo8 tha llection line • distance of 14S • PO~I7' Ol [ECINN ` INO, ,Sp feet to the EXCEPT ditch and road r!=hts of ra i : Y, . L7iCLPTINC~}RONt ~~• ;`~ TF.e parcel of land ! Count o the SN} Nil! of Section 19, 7.3N, R.IE, si,N,, Ada Y. Idaho. amore psrticul~rlY deacrlbed ' 1 as follore: ' BEGINNING at the NM corner of h ~ ~ t e above Bald Sp! _ South 89.59.15' East a1onS the North slde of sa1dN54}~}en o 8 ? 9 e ` a dlstance of M . a point; thence running Soutb 0 SS 0d~ ~ est a distsnce of 16,50 feet to a cunnin6' polnt ; thence North 89.59•~S' pe at a dlstance of 602.99 feet to a ~ line of the hest side of the sbove B p~ont on the Seetlno North 0.55' d " al 00 Sectlon Eart along the Section line a dlstance of ~6`nee the POIKT OP BtCi ,l NNINC. SO feet to ` i EXCEPT ditch ani road sights of ra / Y. s ~ ''~ •• ~ 1,' ' :z ~ ..; ;:~ ~•: ' ~.~ ~ }~ ~f ~:: ~~6 ~ _ Add Counb. IdsAO. ff t Rs~wu el ~ /..: ~ii. .L/~: p:'; • y 1 ' Uw1E ~: 1 ~ , y ~ ~_~~, ~~ ~~' ' q ~ JO N SAf IDA j ' 1::: . x•.. RECOROfO i <:: yr : : . ,1.. y.~ti , t~» .ti ~•, ~• ~ ~> ~. ;. ~•~ r DEED, Exhlb}t •'A" fF'•:i ~~ • ~ %~: 1. M~'• ;,::: {f: • '~_ 1 f:.ff:! ::l:••I •: JJ••~• •••J••::/!frt~?.;tr. .:t/P:tSr:::r':,h Y.j./.tJ•,I,:f}::I•,4t.•.~J:' . r.Y ,N.•J::.•.1 ff':••ft f.•f•,r . J :'f.' A. •~. . f. , F •f'• • : i . :•tc° ..•: •. }: •~•~: •.y . .. F:r:: ... ,.: ;+ • ~ ,/, . ;. / ~• Meridian, Ddaho .Tan. 29 ~ ~ 992 City of Meridian, Meridian, Td 83642 To whom it may concern; . We are. working .with Steve Anderson and his Associates on a small parcel of property we own (approx. 3A) lodated in the SW4• N4/~ Sec.19 T. 3N R. lY~. Property is located ad3acent to 2020 S. Meridian lid. on the south and ad3acent to Meridia~i Greens on the east. Legal attached. 4Je are giving Steve. Anderson authority to request annexation and zoning to the city of Meridian. ~' ~ ` Date .t ~'9' ~ 1,ee R. Stucker Date Z --- eorge Cushing __ ~ , _ , '.•, ~w- ~_ • WAYNE: c • "' ATTACHED IS A COPY OF A DRAFT EASEMENT AGREEMENT WHICH COULD BE ONE POSSIBLE METHOD OF SATISFYING TERRACE WATER CORPORATIONS NEED FOR ACCESS TO THE WELL LOT. OUR LAWYER BELIEVES THAT THE BASIC TERMS OF AN AGREEMENT HAVE BEEN AGREED TO. HIS BELIEF IS BASED ON THE ANDERSON LAWYER'S - ALAN LANCE - LETTER TO HIM, A COPY YOU HAVE IN YOUR FILE. THE ANDERSONS LEGAL NAMES WOULD NEED TO BE INCORPORATED INTO THE AGREEMENT AS WELL AS THE LEGAL DESCRIPTION OF RUNNING BROOK ESTATES. ALTHOUGH. THIS AGREEMENT WOULD SATISFY TERRACE WATER CORPORATION'S ACCESS, IT STILL LEAVES THE HOSAC'S WITH A LAND LOCKED PIECE OF PROPERTY WHEN THE WELL IS NO LONGER NEEDED BY THE RESIDENTS OF COUNTRY TERRACE. YOU AND I HAVE ALREADY DISCUSSED THE POSSIBLE LEGAL PROBLEMS FOR THE CITY WITH THE HOSACS UNLESS LOT 13 IS DESIGNATED A FLAG LOT WITH OUR TEMPORARY ACCESS ENLARGED TO A WIDTH OF 30 FEET. Y r +• • EASEMENT AGREEMENT • DRAFT AGREEMENT MADE this day of June, 1993, between Steve Anderson and Anderson, husband and wife, (hereinafter "Anderson"), and Terrace Water Corporation, Inc., an Idaho corporation (hereinafter "Terrace Water"). RECITALS: A. Anderson owns real property located in Ada County, Idaho, more particularly described on Exhibit A, attached hereto and incorporated herein. Anderson is in the process of annexing and platting a subdivision on the above-described real property to be known as Running Brook Estates. The preliminary plat of Running Brook Estates is attached hereto as Exhibit B and incorporated herein. B. Terrace Water provides water through a private water system to Country Terrace Subdivision, which is located adjacent to and to the north and east of Running Brook Estates. C. Pursuant to a lease dated November 6, 1978, between Hosac Brothers, Inc., as lessor, and Terrace Water, as lessee, (the "lease"), which lease is recorded ir. the records of Ada County, Idaho, as Instrument No. 7866080, Terrace Water leases the following described parcel: Lot 13, Block 1, Country Terrace Subdivision, records of Ada County, Idaho. The lease provides Terrace Water an easement to operate, and Terrace Water does now operate, a well located on the above- described property (the "well lot"), where it maintains a well, a EASEMENT AGREEMENT - 1 ,~ ," • , pump, pipelines, and related equipm easement for use of the well lot ceases to be used by Terrace Water Meridian or some other entity may Country Terrace Subdivision No. 1 system. ent. Under the lease terms, the will lapse when the well lot as a well lot when the City of require the. owners of lots in to hook up to a public water D. In order to have vehicle access to the well lot, it is necessary for Terrace Water, or its employees or contractors, to have access through Running Brook Estates. Such access must be on a 24 hour basis due to the possibility of the need for an emergency repair to the pump and equipment. E. The parties wish to provide an easement to permit Terrace Water access to the well lot and to provide for the termination of this easement agreement upon the termination of the lease. NOW THEREFORE, the parties agree as follows: 1. Anderson hereby grants and conveys to Terrace Water an easement for purposes of ingress and egress from Running Brook Estates to the well lot. Specifically, the easement shall be 20 feet :aide, . consisting of property 10 feet on Dither- side of the common property line between Lots 11 and 12 as shown in Exhibit B, which 20 foot easement shall run from the northerly end of Running Brook Way to the southerly lot line of Lot 13. 2 . The easement shall ~ be for the limited purposes of Terrace Water gaining ingress and egress to the well lot for the maintenance, repair, and replacement of the well, pumps, motors, EASEMENT AGREEMENT - 2 ~, • pipelines, and other equipment and facilities relating to pumping and providing water. The easement shall remain unobstructed at all times, and shall not be utilized for storage of vehicles or other personal property. 3. Anderson shall provide, or shall cause to be provided at Anderson's expense, an all-weather gravel surface for at least ~.~ 1~ feet of the width of the easement and for its full length. Such surface shall be installed with the construction of Running Brook Way. 4. A 3 foot cyclone-type fence shall be constructed on the perimeters of the easement. Terrace Water shall pay for the materials; Anderson shall pay for the installation of the fence. 5. Terrace Water, at its expense, may install a gate at the southerly end of the easement for the purpose of limiting access to the easement and well lot. 6. Terrace Water shall maintain the easement, keeping it free of weeds and litter. 7. Anderson shall cause the easement to be delineated on the final plat of Running Brook Estates as a utility easement and shall make reference to the recorded instrument number of this easement agreement. 8. This agreement, and the easement created herein, shall terminate simultaneously with the termination of the lease pursuant to which Terrace Water operates the well, pump, and transmission lines on the well lot. 9. The easement created herein shall run with the land EASEMENT AGREEMENT - 3 • ' • • and bind the heirs, administrator, successors and assigns of the parties. l0. This easement shall be limited to the purpose described and above and-shall not operate as or be construed as a license or easement for any other purpose; nor shall this easement create a right of public access to the easement or well lot. 11. This agreement shall be filed in the records of Ada County upon the recording of the final plat of Running Brook Estates. If there are modifications of the preliminary plat attached hereto as Exhibit B, an equivalent easement shall be provided to Terrace Water for access to Lot 13. 12. The parties hereto, on behalf of themselves and their successors and assigns, agree to execute all documents necessary to effectuate this agreement, including but not limited to documents necessary to evidence the termination of this agreement. WHEREFORE, the parties execute this agreement effective. the date first set forth above. Steve Anderson TERRACE WATER CORPORATION, INC. By: Sid Harmon, President By: Secretary EASEMENT AGREEMENT - 4 r - -.... ~ ~~ ~ } -ri:~ __ _-_ ~~ t v __ ~ ~ f ~ ~ ••..o ~ 6 ~. . \.t ~, i ( _, 0 3 Q. i~ ~ i s - ~ ~ >~ ~ Y ~~~ 0, _f -~ ~~.o -- - -------__~ . 1i ® ~ ' ~ O~ - ~ f a ~ ~ ~\ i i~ ~ ~ ' ~`'~ ~ \ ~ -~ -- `-- ~ o~ ~ 1 Y '+ \~ • QC~• 1 ~' ~1 ~ \ I' •. \ O ~1 1 \ v \ ~ ~ ._ ~ ~ o -1 \: ~ ~ ~ ~ ~\ 1 O , I ~'_ _ p..~J / • ~ (~;}, _ ' ~ •~ ~ ~ ~ ^ I ~ ~ ~ -- - V~ ~ • \ • • ,l ~ w r J,~ • \ ., , . +-~_. Tel ~~ ~ •• ,~ ~-= ~ , ~. ~ ~ 1 J ~~~ .-~ r~ I ~*~~~ :~ ~~~~ ~ ~~ ~ :' ~ ~iC,u(Bf~F _ .G a~~`fZLA~NO ROf . ~ ~' f i I ~I~ \ .~ \ wiz ~I F~ ~~r a ~:: _~ ~4. • ;+ t ~ ~3~ ~ ~~~ ~~ ~~~~~~~~3~~~ ~! x$ ~~~~~~~~~~ ~ ~, •. ~ Z ~ - ~ B B 0 • • • • ~ ! ~ ~ ~~ ~ 1' dN 2 1yyy~~ A FF n~ ~~~~ ~~~~ ~~ ~# ~~ ~~s ~~ -'~,.~ ~,,~. ,.;. • ~','`e o o~~ 4`+_ ~~` f! fQ BI Isf !f :tfE w1111 w • • r 1NN1N~ NY IO~t7N 1M1 ~ •111~11NN, ,~ a F ~ aN s s ~ •~ ~ y 4 a <~. i ~~~ ~ <~~ ~~~~ 'fj~V ~~§ Zr7 b }<j ~ bi ~~ ~ w r X ~ ~ _ ~i • Y W - .~•~~ - - ~. ~~ I ~' '~~ •-ti--- - s • s ^^~ ...» $ ! ~ ~ ~ •4 ~~ w~~ ~i ~~I: DEC 1 0 1993 C~~~~ ~~° ~~$c~~~~~N ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-d395 FAX # 208-888-6201 8 December 1993 Roylance & Associates P.A. 4619 Emerald, Suite D-2 Boise, Idaho 8370E Re: Running Brook Estates Dear Sirs: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 We have reviewed the revised plans for Running Brook Estates. The plans show the 20-foot curb cut for access to the Tenmile Drain and the plans show that the drainage swale will have a 3:1 slope. We recommend that the slope be checked at the time of construction to make sure that the slope is according to plans. Please contact me if I can be of further help. Sincerely, Bill Henson Foreman pc: Each Director Se~etary of the Board 1.2'ity of Meridian Jahn Caywood File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS • 40,000 ~ ~ ~~c~~~r~n O C T 1 5 1993 CITY ~I' j~~,I:K~IlIA~N 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 13 October 19 9 3 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 Steve Anderson SHOP: Nampa 466-0663 1713 Country Terrace Way Boise 345-2431 Meridian, Idaho 83642 Re : ~i~#nq Brook _ S~d.iv'i>l~t~.on a Dear Steve: The proposed plans for the above mentioned project have been reviewed. The plans indicate that all storm water discharge will be collected in one of three sand and grease traps and absorption beds. The storm water run-off will then be discharged into a drainage swale, located along the top bank of the Tenmile Drain. This will be adequate to protect the Nampa & Meridian Irrigation District. The plans do not show how the drainage swale will control or limit the run-off exiting the drainage swale into Tenmile Drain to the pre-developed flow amounts. The plans need to show the District's access to the Tenmile Drain located on the westerly side of the drain ditch. Please supply the District with the requested information for final approval. The Tenmile Drain is a contract drain with the Bureau of Reclama- tion. Contact John Caywood at 334-1463 to prepare a license agreement for discharge and for any encroachment on this facility. Please feel free to contact me if you have any further questions. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Andy Harrington John Caywood Jo n Sharp eridian City Bill Henson Ada County Development Services Rider 4 APPROXIMATE IRRIGABLE ACRES F i 1 e RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40.000 t c AGENCY DATE : y ~ g9 ~ MERIDIAN CjT~OUNCIL AGENDA ITEM NUMBER ~y APPLICANT: C~n,~l_ MERIDIAN POLICE - MERIDIAN FIRE DEPT. - MERIDIAN CITY ENGINEER - MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - MERIDIAN BUILDING DEPT. - ADA COUNTY HIGHWAY DISTRICT ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN IRRIGATZON - SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GA5 - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - ,fir"° ~~1~Y W°~~„ ~ ~ MERIDIAN PLANNING DIRECTOR - REQUEST :.~ ~ COMMENTS: d~ u I~2 ~~ ~M1_ _ ~~g~~ Ion r~ a~ ~ 5~t~ U OTHER COMMENTS: • Meridian City Council November 3, 1993 Page 23 motor homes and camp trailers that are out in from and along the sidewalk. Kingsford: Would you do a little investigation into that Mr. Forrey and report back to Council? Mr. Anderson is here and asked a moment of the Council's time for consideration of his property with regard to Well fund versus extension of oversized pipe, Mr. Anderson. --~j Anderson: Thank you Mayor and Council, representing Running Brook Estates, we had to make a couple of changes in our water plan out there. One of those was to bring the water off of the Kuna Meridian Highway, versus where we originally intended to bring it which was from the Meridian Greens project. That particular project has added about 56 feet of 25 inch water line that we had not anticipated. So what we asked the Mayor to consider is that we trade you the cost of that water for the cost of pressurized irrigation fees that you would apply to the subdivision we would trade you that water line and of course any late comers that would be applicable to that water line. Kingsford: Did you say 25 inch, that's a pretty good water line Anderson: Excuse me 12 inch Kingsford: Did you have a chance to look at what oversizing cost might be on the water line Gary? My guess is that i wouldn't be all that significant you know after looking at that I talked, a lot of your money in that is the length of .the trench and the fill back material and so forth. The oversizing is not that big, the Council if you want to ask them to credit that oversize maybe against some of those well funds that's fine but I don't think it would be that much really. Anderson: Well the direction we were originally going to come from was much shorter you know than this decision we made. Gary and I kind of did that on the 5th hour because of other circumstances and I'm sure Gary wasn't aware at that point in time it was 500 feet farther away than what he thought it was. So once we made that decision we committed to that but that decision added up to about a $16,000 bill more for water than we had anticipated. Kingsford: It does add to the City's system, it does make a loop in that system we have two now across the freeway so to tie those together would be excellent feature. Does Council have any questions? Giesler: Your saying the $16,000 difference is because of the oversizing? > • • Meridian City Council November 3, 1993 Page 24 Anderson: No, just a different location from bringing the water, what it will do is like the Mayor said is it will give you a full loop back into Meridian Greens so it will provide some benefit there. Of course pulling it down another 500 feet down Kuna- Meridian will give you some benefit there. We're certainly willing to get whatever late comer fees would be applicable to that back to the City to offset the pressurized cost and I believe that's about $12,000. Kingsford: I'd suggest the Council take that under advisement, the City Engineer review those dollars. Giesler: So moved Corrie: Second Kingsford: Moved by Bob Giesler and second by Bob Corrie to take that under advisement and have the City Engineer review the cost of oversizing all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Anderson thank you. Next item on the agenda is to canvass the vote. ITEM #11: CANVASSING THE VOTES FROM THE CITY ELECTION ON NOVEMBER 2, 1993: Kingsford: I publically want to thank those who ran, Sheri appreciate the campaign and your interest. Congratulations Mr. Morrow, I don't see Chuck here but I thank Mr. Younger. I think what makes our system work is people willing to serve and so its any time people are willing to do this I think it should be commended. Congratulations Mr. Tolsma, it was a tough battle but I see you won. At this time I'll ask the City Clerk to bring in the ballots. Giesler: Will you congratulate me for getting out of here? Kingsford: I will first of January Giesler: Mr. Mayor, I would like to say something while we're waiting on this and that is to ask Wayne not to say things that he did to Wayne about his Findings of Fact, I think it kind of puffed his head a little bit. Crookston: Sometimes you do have to have an accolade instead of the material I received down at the other end here. C~ Sheet _~ CITY OF MERIDIAN , L • • Meridian City Council November 3, 1993 Page 23 motor homes and camp trailers that are out in from and along the sidewalk. Kingsford: Would you do a little investigation into that Mr. Forrey and report back to Council? Mr. Anderson is here and asked a moment of the Council's time for consideration of his property with regard to Well fund versus extension of oversized pipe, Mr. Anderson. Anderson: Thank you Mayor and Council, representing Running Brook Estates, we had to make a couple of changes in our water plan out there. One of those was to bring the water off of the Kuna Meridian Highway, versus where we originally intended to bring it which was from the Meridian Greens project. That particular project has added about 56 feet of 25 inch water line that we had not anticipated. So what we asked the Mayor to consider is that we trade you the cost of that water for the cost of pressurized irrigation fees that you would apply to the subdivision we would trade you that water line and of course any late comers that would be applicable to that water line. Kingsford: Did you say 25 inch, that's a pretty good water line Anderson: Excuse me 12 inch Kingsford: Did you have a chance to look at what oversizing cost might be on the water line Gary? My guess is that i wouldn't be all that significant you know after looking at that I talked, a lot of your money in that is the length of the trench and the fill back material and so forth. The oversizing is not that big, the Council if you want to ask them to credit that oversize maybe against some of those well funds that's fine but I don't think it would be that much really. Anderson: Well the direction we were originally going to come from was much shorter you know than this decision we made. Gary and I kind of did that on the 5th hour because of other circumstances and I'm sure Gary wasn't aware at that point in time it was 500 feet farther away than what he thought it was. So once we made that decision we committed to that but that decision added up to about a $16,000 bill more for water than we had anticipated. Kingsford: It does add to the City's system, it does make a loop in that system we have two now across the freeway so to tie those together would be excellent feature. Does Council have any questions? Giesler: Your saying the $16,000 difference is because of the oversizing? ^' • Meridian City Council November 3, 1993 Page 24 Anderson: No, just a different location from bringing the water, what it will do is like the Mayor said is it will give you a full loop back into Meridian Greens so it will provide some benefit there. Of course pulling it down another 500 feet down Kuna- Meridian will give you some benefit there. We're certainly willing to get whatever late comer fees would be applicable to that back to the City to offset the pressurized cost and I believe that's about $12,000. Kingsford: I'd suggest the Council take that under advisement, the City Engineer review those dollars. Giesler: So moved Corrie: Second Kingsford: Moved by Bob Giesler and second by Bob Corrie to take that under advisement and have the City Engineer review the cost of oversizing all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Anderson thank you. Next item on the agenda is to canvass the vote. ITEM #11: CANVASSING THE VOTES FROM THE CITY ELECTION ON NOVEMBER 2, 1993: Kingsford: I publically want to thank those who ran, Sheri appreciate the campaign and your interest. Congratulations Mr. Morrow, I don't see Chuck here but I thank Mr. Younger. I think what makes our system work is people willing to serve and so its any time people are willing to do this I think it should be commended. Congratulations Mr. Tolsma, it was a tough battle but I see you won. At this time I'll ask the City Clerk to bring in the ballots. Giesler: Will you congratulate me for getting out of here? Kingsford: I will first of January Giesler: Mr. Mayor, I would like to say something while we're waiting on this and that is to ask Wayne not to say things that he did to Wayne about his Findings of Fact, I think it kind of puffed his head a little bit. Crookston: Sometimes you do have to have an accolade instead of the material I received down at the other end here. RECEIVED MIRY - 4 ~g4 G~'Tlt OZ' MIERIDIAN c,~ia ~i ~l.~~ccdiacz ~Ivtigatioo~ ?~ia~uct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Steve Anderson 1434 North Meridian Street Meridian, Idaho 83642 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Running Brook Estates/Right-of-Way Vacation Lot 12 Block 1 Country Terrace Subdivision No. 2 Dear Steve: In regard to your request for vacation of easement in lot 12 block 1 of Country Terrace Subdivision No. 2, the Nampa & Meridian Irrigation District has no easement within this lot and block; therefore, we have no jurisdiction or right to comment regarding any vacation of easement. The easement of the Nampa & Meridian Irrigation District's Tenmile Drain is 100 feet: 50 feet from the center each way. Encroach- ments of any kind within this easement (fences, bike paths, discharge, permanent construction) require an agreement and approval by the District's Board of Directors and possibly by the United States Bureau of Reclamation. The District does not have a License Agreement. Nampa & Meridian Irrigation District requires curb cuts on the west side of the Tenmile Drain on Caulderwood Drive. This issue that was missed during construction. Please make note of this and make this correction. I do not want to tear up curb or break down vehicles when we come through for maintenance activities. If further discussion is required, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board John Caywood Andy Harrington l~lfy of Meridian Ada County Development Services Bill Henson Rider 4 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS ~ 23,000 BOISE PROJECT RIGHTS - 40,000 2 May 1994 MERIDIAN CITY COUNCIL JULY 6, 1993 PAGE 4 • The Motion was made by Tolsaa and seconded by Giesler to approve the Final Plat far Waterbury Park No. 2.$ubdivision conditioned upon the City Engineer's review-and approval and also getting the stub street resolved with ACRD and the other property owners. Motion Carried: All Yea: ITEM #9: FINAL PLAT: RUNNING BROOK ESTATES, 3] LOTS BY STEVE ANDERSON: Crookston: I was contacted by the attorney far the Water User^s Association at Country Terrace indicating that the Water Users Association had thought that they would have to have something of r^ecord relating to the care and maintenance and construction of the easement to the well lot and access to it. Kingsfor^d: Far the Council's information someti®e ago there was a meeting at City Hall with thane two parties, at that time the City stipulated that to approve the plat we would have to have a r^ecorded note on the plat stipulating to that easement. Additionally then there was discussions as to who was going to do what that I think basically fell outside of the City, but we did demand at that time that then^e be a note on the plat, as I under^stand then^e i s not at thi s moment. The Motion was made by Tols®a and seconded by Yer^rington to approve the Final Plat for Running Brook Estates conditioned upon City Engineer's r^eview and apps^oval and that it be noted on the plat calling out the easement for the well lot for Country Terrace Water Users Association. Motion Carried: All Yea: ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION FOR BRIDGE WOOD PARK SUBDIVISIDN, 16 FOUR-PLEX LOTS, 72 UNITS; BY HUNEMILLER-WURTZ: Kingsford: At this time I'll open the public hearing and invite the owner^ or a representative to speak first. Becky Bowcutt, Rr^iggs Engineering, 1111 S. Orchar^d, was sworn by the attor^ney. DATE : ~.~ ~ o . MERIDIAN CITY COUN~ i AGENDA ITEM NUMBER APPLICANT: ~- ).Q 'l-t~f1 ~~QI(1 REGtUEST :. GL~.Y1Q..1 ~la~ : ZU.Y1 Y1 1 hn rm ~ ~ -- AGENCY COMMENTS: MERIDIAN POLICE - MERIDIAN F IRE DEPT. - S.Q..Q Q„ Co ~~~-~-~S MERIDIAN C I TY ENGINEER -S,QQ G..~TQf~.Q.~ Co ~`'~"~^'`¢'~`~ MERIDIAN ATTORNEY - MERIDIAN POST OFFICE - MERIDIAN SCHOOL DISTRICT - ~a I2SL C~S~a-~-~~ C~~^'~~'~~ MERIDIAN BUILDING DEPT. - ` AI)A COUNTY HIGHWAY DISTRICT - ADA STREET NAME COMMITTEE - CENTRAL DISTRICT HEALTH - NAMPA MERIDIAN I RR I GAT I ON -rJ¢st- ~b.C-~~ C'©~~~"~'~5 SETTLERS IRRIGATION - IDAHO POWER - US WEST - INTERMOUNTAIN GAS - BUREAU OF RECLAMATION - MERIDIAN CITY ATTORNEY - MERIDIAN PLANNING DIRECTOR - moo w~t~t ~g~'~-~-~~~ OTHER COMMENTS: ~.~ _ :.. ,. , OFFICIALS Wt0.YNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAVNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS. Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 3 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian ~ may we have your answer by: ~ ~ 3 TRANSMITTAL- DATE : ~~~. L~. Q'1„~~HEARING DATE : ~u~,~ ~1q,~-~3 REQUEST : ~\ ~Ci \ ~~ C'~.~ a ~~ t ~n ~n ~ nrt~ ~v~~'1U ~~'t'~~ n C BY: S H/E OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN ~ `?'~-u Q LOCATION OF PROPERI`Y _ r ., ~ _ OR PRO TECT....~{_~~G`V~ [5~- ~ ,~,~N JI4 . , ~ ,. JIM JOHNSON P/Z MEfliDIAN SCHOOL DISTRICT MOE ALIDJANI,P/Z MERIDIAN P05T OFFIi;E (PRELIM AND FINAL PLATS) JIM SHEARER, P/I ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z '. ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HfAITH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRR. DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO':~(PRELIM AND FINAL PLATS) BOB GIESLER, C/C U.S. WEST (PRELIM AND FINAL PLATS) MAX YERRINGTON, C/C INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BRUCE STUART, WATER DEPT. BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) JOHN SHAWCROFT, SEWER DEPT. CITY FILES BUILDING INSPECTOR OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: The Tenmile Drain courses POLICE DEPARTMENT along the west boundary of the project. The CITY ATTORNEY Tenmile Drain is a Federal drain. Contact GARY SMITH, P.E. ENGINEER John Caywood at the Bureau of Reclamation WAYNE FORREY, AICP, PLANNER for right-of-way information. Any encroah- ment must be in writing with Nampa & Meridian Irrigation District. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans . - - ne so, T appticati~sn ~ wtth this tJi5#riCt in accordance wish i w~yy~ _ _. _ _ _ ___.~. ~.s.. ,v.s ..o Y6 11 nson, Foreman, Nampa & Meridian Irrigation District Ar°th~ar copy is a4fuchecl. t • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN WAYNES.FORREY,AICP,CityClerk CITY OF MERIDIAN R A ` JANICEGASS,Treasurer ROBERTGIESLER BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MAX YERRINGTON ROBERT D. CORRIE JOHN SHAWCROFT, waste water supt. MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning KENNY BOWERS, Fire Chief BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, P.E., City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM DATE 01 JULY 1993 T0~ MAYOR AND CITY COUNCIL FROM: CITY ENGINEER, GARY D. SMITH, P.E. RE~ RUNNING BROOK SUBDIVISION We are still workir'I~t diligently on reviewing the final plat and development plan,' t~c~r this project. I respecttullY request that the City Council apprGVe this project subject to meeting the conditions and r-egl:~irement~ oaf the City Engineer , I will continue to review and approve-this praj~ct as quickly as I can. Thank you for your understanding! OFFICIALS !NAYNE S. FORREY, AICP, City Clerk ' JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAI~t 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT 0. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and recommendations will be considered by the Meridian i , may we have your answer by: 3 TRANSMITTAL- DATE: _~~VLSL ~,~ lQ`t.,,~~HE+~RING DATE:: ~lUL1,\I ~1 `"L`t~ REQUEST: r1~C'i` ~~C'~~ ~~ ytntn~nrtn ~v/~~1V: ~~~~3~n C (~ B Y: l' 'tU.~ I~-h.Q 3 5'~lJ~ G~ u 0 LOCATION OF PROPERTY ~~ JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER O R PR 0 7 E C T: ~~GtV~ Q~ ~~-1V 1I(~ ~-~. MEAIOIAN SCHOOL DISTRICT MERIDIAN P05T OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRR. DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER C0 (PRELIM AND FINAL PLATS) t1.S: WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES //-- OTHER: C~J'~ ~~ ~~ YOUR CONCISE REMARKS: ,~'~ - C'A/D ~erwuc~e9 C'' L e,w ,o o-~ Gy .la--~1 Q S' dc~f/' ~ . a • ~SUPERINTENDENTOFSCHOOLS Bob L. Haley FOR EXC f~`~ DEP Dan Mabe, Finan eD& Administration (ry Z DIRECTORS 2 ,~~y~~ ~, Jim Carberry, Secondary ~ Christine Donnell, Personnel Q Darlene Fulwood, Elementary y Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIAN STREET • MERIDIAN, IDAH083642 PHONE(208)888-6701 June 21, 1993 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Running Brook Estates Subdivision Dear Councilmen: I have reviewed the final application for Running Brook Estates Subdivision. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking then we ask that additional residential development be denied. Residents of the new subdivision cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, ~. ryi'1~- Dan Mabe, Deputy Superintendent DM:gr ~' OFFICIALS ~:!AYNE S. FORREY, AICP, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney JOHN SHAWCROFT, Waste Water Supt. KENNY BOWERS, Fire Chief BILL GORDON, Police Chief GARY SMITH, P.E., City Engineer COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON Centennial Coordinator PATSY FEDRIZZI TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITHIN THE CITY OF MERIDIAN To insure that your com nts and ,recommendations will be considered by the Meridian i may we have your answer by: ~ 3 TRANSMITTAL DATE : ~iz.Vl.~C ~~~Q 4t~HEARING DATE : ~u~,j~„g~ \q,~ • HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAl~ 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor REQUEST = ~'` ~C1 1 ~~C'.~ - ~~ y ~n ~n t nn~ ~vn,h~l BY: LOCATION OF PROPERTY OR JIM JOHNSON P/Z MOE ALIDJANI,P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C BOB GIESLER, C/C MAX YERRINGTON, C/C BRUCE STUART, WATER DEPT. JOHN SHAWCROFT, SEWER DEPT. BUILDING INSPECTOR FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY GARY SMITH, P.E. ENGINEER WAYNE FORREY, AICP, PLANNER PROJECT : ~~1G^n a~ ~-..~~1 ~I4 ' ~ t-' ~CJ~C(/1 ' 7 Y~ HERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE (PRELIM AND FINAL PLATS) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HERLTH NAMPA MERIDIAN IRR:. HSTRICi SETTLERS IRRIGATION DISTRICT 1DAH0 POWER CQ~(PRELIM AND FINAL PLATS) _. U.Sc- WEST (PRELIM AND FINAL PLATS) INTERMOUNTAIN GAS (PRELIM AND FINAL PLATS) BUREAU OF RECLAMATION (PRELIM AND FINAL PLATS) CITY FILES OTHER: YOUR CONCISE REMARKS: allorb„nL,Q • ~.o~-- lA„ ...~,~_'rMrACe. t~.~atlit~ ~ 9S0~ }~'~ ~ REVIEW SHEET Rezone # Condition, Preliminai REC~~~E~ ~U~ p 21993 ~~.~~ ~~ i~~~RtD1A Return to: ^ BOISB ^ Eagle ~ ^ Garden City Meridian ^ Kuna ^ 1. We have no objections to this proposal. ^ 2. We recommend denial of this proposal. ^ 3. Spec'rfic 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 conceming individual sewge 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 HeaRh and Welfare, Division of Environmental Quality: ,®- Central sewage Community sewage system^ Community water Sewage dry lines ~ Central water ~^ 9. Street runoff is not to create a mosquito breeding probelm. ^ 10. This department would recommend deferral until high seasonal ground water can be determined 'rf other considerations indicate approval. ^ 11. 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 reiew for any: ^ Food establishment ^ ^ Beverage establishment ^ Swimming pools or spas ^ Child Care Center Grocery store ^ 13. CENTRAL • • DISTRICT iii'HEALTI-I DEPARTMENT DATE: ~ Reviewed by: coHO so-so ~ S ix CERTIFICATE: I hereby certify that the follwing resolution is a true and-exact copy from the Minutes of a sting of the District's Board of Directors, held 2 October 1990 recorded at Book 56 Pages 187 and 196 through 202 (finalized 16 une 1992). n R. Coon etary of the Board A & MERIDIAN IRRIGATION DISTRICT WHEREAS, the various agencies.Iwhich are authorized .to issue land use change/site development permits have made it known that~it is in the best interest of the pu lic.that this District amend rules and regulations for development within the boundaries of the District; and WHEREAS, it has been dec: coordinating arrangement can permit system; and WHEREAS, such requirements and expense burden to this Distri revenues; and ~~ ~ that such a cooperative and be realized through an amended tuests have created a considerable for which there is not available WHEREAS, a Development or Land ut~se Change policy was previously sat up at a meeting of the Districtl~s Board of Directors held 17 March. 1980, recorded at Book 36, Pages 65 through 69, of the Minutes of the Board and recorded at Ada County as Instrument #`8015309 and recorded at Canyon County as Instrument #890100; and WHEREAS, a Site Development policy was previously set up at a meeting of the District's Board of Directors held 17 March 1981, recorded at Book 37, Pages 89 through 92, of the Minutes of the Board and recorded at Ada County as Instrument #8115542 and xecorded at Canyon County as Lnstrument ,919045; and WHEREAS, it has become necessary to combine and amend these policies. NOW THEREFORE, HE IT RESOLVED, that the following amended policies are hereby established by this Board as District policy to take the- place of the~revious policies. ' ~ - ~ 2 y O ~ ~ ~ R ATtON DISYhItii ~~. NAMPA & MERIDIAN o ~ c J= ~ ~ ''~ `~ AEA CC~JNTY, l ©. FOR _..... o ~ -~ ~~ J. DAVID P~hvAFtR ~ . ~~_ ~ a _ ~ REC©RQER ~ .~ z~ ~ti~:: o a`~ ~y ' 92 JuN la Ph 1 `~ m ~~ i ~ • • NAMPA i MERIDIAN IRRIGATION AISTxICT Board of Dir®ctors~ Policy for Changes of Laced os• or Bites Development Developments or land use changes or site developments which affect irrigation and/or drainage, within the boundaries of Nampa & Meridian Irrigation District must be approved by the District Board of Directors. An application form may be obtained at the District office which will provide necessary preliminary information for District review. ' General information A. DRAINAGE: 1. There will be no .acceptance of any increased. flow_ in storm run-off, drainage, or .any contaminated waters for which the District might be made liable by the Federal and/or.State Clean Water Laws. 2. Existing or replacement of on-site drainage or run-off facilities or modification thereto must be perpetually maintained by the site owner or owners. 3. Drainage plans prepared by a registered engineer may be- required, where deemed- necessary by .the .District even.: though on-site modifications to the District drainage system are not required in the development plans. 4. If a drainage lateral owned and maintained by the District courses the site, no alterations of the let®ral nor encroachment or its right of way shall be permitted" without a license agreement. No access to such drain shall be denied to the District. B. IRRIGATION 1. The water rights of this District are not the same throughout the District. Neither are these always, the same on one tract of land. Often these can be simplified without changing .the Court confirmed status of the rights, if arrangements are made with the Secretary of .the District in the advance planning stages. 2. Any irrigation supply lateral or canal which is owned and operated by the District and which may course the site, must not be obstructed nor encroachment made on its rights of way. -1- • • C. 3. Any alteration from the original delivery point must be approved by the -Water Superintendent and transfer4 to accomplish this alteration must be arranged with the Secretary of the District as part of the, system plan acceptance by the Board of Directors. 4. No alteration or enclosure of an irrigation canal. or lateral shall be permitted without a license agreement. No access to such canals or laterals shall be denied to the District. 5. If irrigation service is not to be provided to the. individual properties, all property owners must•ba notified that_.the District tax is an obligation of all lands in the Irrigation District. -This notification is in compliance with Idaho .Law. 6. No destruction, interference, nor limitation upon water flows which are appurtenant to the property rights of others shall be permitted 7. If development plans include providing irrigation, operation and maintenance of the system may be undertaken,. by a Lateral Ditch Water User's Association, in which case the District assumes no responsibility beyond the original point of delivery for the tract. 8. The District cannot provide permission for alteration of waterways belonging to and being a part of the property rights of individual land owners and to which waters flow from the system of the District. Permission must be granted from each of .the property owners having ditch and .water rights in the waterway. REVIEW AND APPROVAL PROCESS 1. Applicant .shall complete and submit the attached application form to the Secretary of the District. Two (2j copies of the proposed plans shall be submitted with the application. 2. Upon approval of the original application, plans and specifications for construction, prepared by a registered engineer, shall be submitted for review to the District. Plans and specifications shall be reviewed by the District Water Superintendent and/or the District's engineers. If acceptable, •the developer will. be notified. Prior to actual construction an estimate of the cost of construction shall be provided to the District. -2- • • 3. If a license. agreement is required to conform to specifications of the District and/or recommendations of its engineers, the Secretary of the District will then make arrangements for an appropriate license agreement. for which the licensee shall be liable for payment of attorney fees. 4. The District shall be notified prior to commencement of construction. Inspection by representatives of the District or its engineers will not constitute approval of all or any part of the system and shall in no way relievQ the developer or his contractor of the responsibility for providing a sound, workable system. 5. Within ten (10) days after completion of construction the developer's engineer must certify to the District that the system was installed in accordance with plans and specifications, and furnish as-built drawings to the District. 6. The developer and/or his contractor shall be responsible ;for the repair of all defects, leaks or failures occurring in the installation for a period of three (3) years after completion of construction. A maintsnance and warranty bond in the amount of 10$ of the estimated or actual construction cost,. whichever is greater, shall be furnished to .the District .within thirty (30) days after completion of construction. If the owner or his contractor fails to make required repairs or replacements promptly, the District shall make them, and the -cost thereof shall be paid by the owner, his contractor or the surety. The ees required will be: 5650.00 7. Attorney fees will be required only where a license agreement is required and these will be payable directly to the law firm of the District's attorney. and, B$ IT F~RTBER RESOLVED; that the Secretary of the District is hereby ordered to send copies of this resolution to all planning and approval agencies in Ada and Canyon Counties and in the Cities of Boise, Meridian, and Nampa, to the County Commissioners of Ada and Canyon Counties and to .the Mayors of Boise, Meridian and Nampa to provide sufficient copies of the policy and application form for the continual administration and use thereof by all interested. parties. -3- ~ ~ ~ • STATE OF IDAHO j j ss. County of Canyon j On this 16th day of Juan 1992, before me, the undersigned, a Notary Public, in and for said State, personally appeared Damn R. Coon, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the. same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ., .~`~++~+ NN" ~: dog' ~~ y~,~f~}OSAR~Z~~••~M . J1 `~,~ ~ i ~~. ~~~ ~ ~ Notary Public - State of Idaho Residing at Caldwell, Idaho •.••~9 •.~~~~~~...A~~`• My Commission Expires. 11/04/94 ~'s~ni~n~•~•• -4- • `&Mfp~ d~` . NAMPA & MERIDIAN IRRIGATION DISTRICT (Reproduction of this form is not acceptable) 1, (Proposed Name of Subdivision or Development) 2. ' (General Location) 3. (Legal Description -Attach if necessary) 4. (Address) 5. .(Subdivider or Developer) (Address) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION -Page 1 of 2 ~ . .. 6. 7. 8. 9. ,. (Engineer) (Address ) (Person to Contact) (Phone) Acres ; No. of Lots ; Number of Lots/Gross Acre Proposed drainage discharge (Name of Drainage Lateral) Is irrigation water to be provided to property? If yes, answer the following: a) Proposed delivery point (Cabal or Lateral) b) .Present delivery point for this land c) Type of system i) Gravity (Piped or open ditches) 2) Pump pressure (Signature) (Date) (Application must be filed with the Secretary of the District. The appropriate fees and two (2) copies of all plats and drawings mua be included with the application.) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION - Page 2 of 2 s, r Meridian City Council November 3, 1993 Page 24 Anderson: No, just a different location from bringing the water, what it will do is like the Mayor said is it will give you a full loop back into Meridian Greens so it will provide some benefit there. Of course pulling it down another 500 feet down Kuna- Meridian will give you some benefit there. We're certainly willing to get whatever late comer fees would be applicable to that back to the City to offset the pressurized cost and I believe that's about $12,000. Kingsford: I'd suggest the Council take that under advisement, the City Engineer review those dollars. Giesler: So moved Corrie: Second Kingsford: Moved by Bob Giesler and second by Bob Corrie to take that under advisement and have the City Engineer review the cost of oversizing all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: Mr. Anderson thank you. Next item on the agenda is to canvass the vote. ITEM #11: CANVASSING THE VOTES FROM THE CITY ELECTION ON NOVEMBER 2, 1993: Kingsford: I publically want to thank those who ran, Sheri appreciate the campaign and your interest. Congratulations Mr. Morrow, I don't see Chuck here but I thank Mr. Younger. I think what makes our system work is people willing to serve and so its any time people are willing to do this I think it should be commended. Congratulations Mr. Tolsma, it was a tough battle but I see you won. At this time I'll ask the City Clerk to bring in the ballots. Giesler: Will you congratulate me for getting out of here? Kingsford: I will first of January Giesler: Mr. Mayor, I would like to say something while we're waiting on this and that is to ask Wayne not to say things that he did to Wayne about his Findings of Fact, I think it kind of puffed his head a little bit. Crookston: Sometimes you do have to have an accolade instead of the material I received down at the other end here. ' • • CITY OF MERIDIAN "r Qjr i, ~ . ~. ~'~;!~' !.~`. ~~~ W X11 ~ i'L ~ ? I r~ `w ; I ~ $1'/~ 11.x- i.i I ~ ;1 ;" ] •' ! ;~ V G~ ~ 1r ! ~ 1:.11- W t t S A n ~ ~V A T~ ~'Z. ~ ' ~ ~ ~ ^ p 1~ ~~ c ~ ran A l.l._!~( r ,, Y~~'111.I~Y1C~ i .. ~ 1 4 L 1 ~ '~~ ~ ~ i.V Iw ~ ~ ~ ~~r -, x. ~~ UVtIT U-~~T ~,_~v ~kTEY15~GP~ ~ Lt-ttT._ ~ I;`,lT~V1L1~'fJ . p n.l cf FZ-~' ~x ,Z2-~,~a ~if~-1f~f_ ~'. C~. `L~t^," _ '~qf~. ~ ^~'Z."" ~' 'c.~t~ . !2"'; ~ _V~LA'[!~1~. !~-h~_ _ 5;.01...8'._...._. 23 ~~° I I~ BfSI, ~o , ~•~ __~f X17; i,a (Zx I2X 14 T•e~. -_ __# t?r~, G2tx- q21,- 254~r 2~4!?° '; t2'' ~ VAI.Uf~I '_ 2 ~a ~ '165.' ' 153.0,"' ' ,3aq.'~ "1 `f 8.2u ...lQ': ~....VA4tat 3 ea • ..: c`a•"_ ! k~Sa.- _ _~~~,'-~ 1 t q"i.3o ' ~......... _. 1 ,r, ~ a~t~ '~. ~~~?I: ~ #Q""' ~ t 11~~' ~~ ~~'; 18',~~~±:41,~' 12%° 13,9gt.$= •} ' I M t y ~ry /~ ~ 236an 4 7 3.'$0 IO"~ x_?2t1~.° 8ti1d __ ea. #~~- ~~5." t•~t~-= 3~~.7C ,. ~ b X e .~ cl' N C r_ B y2 h c: ' _ ! 3 c~4 ,' ~ x ~' ' ~ o -- _ ~ - ~` ~y/'~~ /1/ /y ~/ A f YV'~ ~(/ ~ )~....IMY~1~... ~. o 4 :...,.. ~I l~~•. f~ `~ R lw~ /ry~ ~...I ~ ~^ ~//~ /~ Yr {~.~+ ~~ 1/ '~' ~V O'.r_ / ^ __ i~ r'~ max, ~ Z'ZJ, ~ ~,~~~, 2 pt1/F~rt~v+c~ w (3~,~~.~,''~ _~--- (24-rE~-r.w0:~ _ ~ l3~3't5.~n 1Ntlh ~tVrlo~w~¢~~" ~~hc# = at~Ob~~~ ~,n~ n ~!. .~~~i:~ ~. ~ ~ ~~~,~,~,- '13,37.-- ±;;~~'~:~ ~' ~ ~'i^.,~ f '. j~ tai h h t h ~ CC ~ D IGS ~ S ? ~ Project r Ir w ~~'~ • Designed By _ Date I ~L ' ~ ' La _ Location I/UeSt o-~ ~o U ~T T2vVA c.G S U bd • Checked By Date Description U1n-~ Y L ~ II '- ~ ~ t ~ ~ "~ 1 ~ ' . S ~ CfJ VY1 u~ et Yt ~ otn S S heet ~ of _,~_ CENTRAL . •• DISTRICT ~ HEALTH DEPARTMENT MAIN OFFICE • 107 N, ARMSTRONG PL. • BOISE, ID To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health 93-511 November 4, 1993 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: RUNNING BROOK ESTATES SUBDIVISION (31 LOTS) Dear Mr. Navarro: ~~C~~~~D r~ o u z ~ ~~~3 • (208) 375-5211 • FAX: 327-8500 Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on November 3, 1993. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, %, f Thomas E. Schmalz, .S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Running Brook Estates Corporation Roylance and Assoc. TS:ch Serving Vailey, Elmore, Boise, and Ada Counties Ada 7 Boise County Office WIC Boise • Meridian 707 N. Armstrong FI. 1606 Roberts Boise, ID. 83704 Boise, ID. Enviro. Health: 321-7499 83105 Ph. 334-3355 Family Planning: 321-7400 324 Meridian. ID. Immunizations: 327-7450 83642 Ph. 888-6525 Nutrition: 327-1460 WIC: 327-1488 Elmore County Office of Environmental Health 190 S. 4th Street E. Mountain Home, ID. 83641 Ph. 587-9225 valley County Office P.O. Box 1448 McCall, ID. 83639 Ph. 634-7194 Elmore County Office 520 E. 8th Street N. Mountain Home, ID. 83647 Ph. 587-4401 4 • • MERIDIAN PLANNING ~ ZONING APRIL 14, 1992 PAGE 1~ Chairman Johnson: I don't have the answer to that sir. I assume it's the people that own the well. Atty. Crookston: The responsibility for the well is who ever owns the well. That's why the Department of Water Resources has implicated a permit process for drilling a well. Fors: Where's that responsibility laying? Is it Mr. Johnson, or is it mine, or is it, what happens here? And your saying your going to blame it onto - Chairman Johnson: We didn't say we were blaming it on anybody. We are just saying we don't have any control over that you see. Fors: You can take control. Chairmar: Johnson: How do we do that sir? Fors : Stand up. Chairmar. Johnson: Thank you. Anybody else? Donna Aldrich, 265 Waltman Lane, was sworn by the attorney. Aldrich: Wants Waltman Lane was left as is. Chairman Johnson: I now close the public hearing. Thank you for your testimony we appreciate it and it will be passed on to the Counci 1. The Motion was made by Hepper and seconded by Alidjani to have the Findings of Fact and Conclusions of Law prepared and to table the preliminary plat, I think we also need to have a stipulation in the Findings of Fact on the R-4 zone that the minimum square footage of the houses be 1300 square feet. Motion Carried: All Yea: ITEM #C: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZDNING W/PRELIMINARY PLAT, CREEKSIDE .MANOR: ~~~~"''~~~ ~~y-~j.~ Chairman Johnson: A portion of this application Lays outside the Urban Service Planning Area which means that we can't take any action on it tonight but we can except public testimony. I will open the public hearing, is there someone from the applicant. who would now like to address the commission. t • • MERIDIAN PLANhlIh1G 3 ZO~dING AP2IL i4, 199c r^AG~ 14 Richard Jewell, 108 Arlington, Eagle, was sworn by the attorney. Jewell: We have been in communication with the City Engineer and the Clerk regarding this issue on the Planning Area. The original property or the main piece of property my understanding is that it is in the Planning Area. There's a second piece of property that we are including in the subdivision, which 1 understand is not. There are 30 lots, the lots will range from 9000 to 11000 square feet. We are asking for an R-4 zone. The rn,rnperty on the west side borders Ten Mile Creek, we have been in com:,~unication with both the irrigation distri_t and with the pecple who ar-e in control of the waters there. Most of the items on the list have been discussed with their respecting agencies. Alidjani Which list are you referring tom Jewell: The list from the City on the comments. The wet ~la„d iss~_ies I understand have been discussed with some of the adjoining property owners. The main reason the wet lands are even there right now is because of -the drainage that comes down from the subdivision in Country Terrace. There is very minimal wet lands in the portion that we are subdividing. Sewer and water^ service will be provided up to Country Terrace, whether they would like to connect to. it or not. Traffic concerns have Seen addressed by us in respect that there be a second access, not al'_ the traffic will go through Country Terrace. Is there any particular poi^t ion of the items on the list prepared by the City that you' d like to discuss. Hopper: What was the setbacks on the frontages? .:ewell: It's required to have 241 and in many of the case= there's probably 2~. Hopper: Okay but the restrictive covenants are ?0? Jewell: I believe =_o, I don't remember. Hopper: LGt 1J down there with a ~0 foot frontage and a i~ foot minimum is that lot buildable? Jewel:: Yes you have about 100 feet between lot 14 and the east boundary of the subdivision. Hopper: What's the minimum square footage of the houses? Jewel'_ : We have 1800 sq. feet now, that would be t!^~e minimum. :Je are envisioning probat~ly 000+0+ fGr the majority of them. • ME!? I D I Ah~l PLgNN I NG & ZONING APRIL 14~ 140? PAGE IS • Hopper: On your application here it states 1600 sq. foot minimum. Jewell: We will be raising that to 1800. Alidjani: Ar,e you referring to the City Engineer's comments? Jewell: On some of them. Alidjani: Do you have any problem with any of the Engineer's comments? Jewell: Not as this moment. I've tried to address as many as I c0uid. Chairman Johnson: On that list specifically are three questions. How will access be provided to the existing well lot? Jewell: For some reason no access was provided to the lot. One thing I guess needs to be clarified, the majority of this property was or is (in-audible) out of Country Terrace. Of course the well lot serviced the entire subdivision. We are connecting to City water, however we are still going to go ahead and pr^ovide an access to the well lot because otherwise it would be landlocked. There's an easement between lots. 14 & 15 which is a large easement. What we are' going to do is actually label it a=_ such and there will be provisions made to make sure that there is ~; drive-in surface made available far them to access the lot anytime that they want. Alidjani: Gravel or blacktop? Je~~e11: Either gravel or concrete. Chairman Johnson: Thank you. Anyone else to address this issue? John Gage, 1675 Count;~y Terrace Way, was sworn by the attorney. Gage: I'm here this evening representing the Homeowner's Association for the Country Terrace Subdivision. One of the objections we have to this subdivision is as follows. Country Terr.sce does not meet the Highway District's standards as a Collector Road, which it could become when you combine, our subdivi=_ior, with the one that is proposed here tonight and Meridian Greens#~. 'Joiced concerns about increase in traffic on rOlintT^,~ Terr~Ce Load. • MERIDIAN PLANNING & ZONING APR I L 14, 1992 PAGE 16 Also concerned as to what is going to happen to the condition of our road during construction with all the heavy traffic. Who is going to pay to repair it. The developer has made an offer to build an access road in the future from the Meridian Kuna Highway after the lots are sold and money is available in exchange for the Highway Department vacating Calderwood Street. Yet the plat he is submitting doesn't show this road as part of the subdivision. Received a bid od 5150,000 to bridge Ten Mile creek and to build this road to the Kuna Highway to Highway District standards. This 5150,000 is going to add 55,000 per lot over and above the normal development costs. •We think it's doubtful that market conditions are going to make this feasible, leaving no funds available to construct this road. If we are wrong and the developer is right about being able to finance this road out of the sale of lots, then let him front the money now to build that road as both an access road for construction and as the primary access to the subdivision. We are therefore suggesting 'as an alternate to his proposal that approval of the project be predicated on the developer first building a gravel road from the Meridian Kuna Highway to the project as part of the project and then having him also provide a 100X bond to pave the road and to put in the curbs, gutters and sidewalks upon completion of selling one half of the lots all to Highway District Standards and from the funds generated from the sale of these lots. Hepper: Do you know whether the developer owns the ground to the west? Gage: The land is available. Chairman Johnson: Thank you. Anyone else to testify? Craig Shoemaker, 1901 Country Terrace, was sworn by the attorney. Shoemaker: As President of the Homeowners Association I am here to voice a few of our concerns. One of our main concerns is property value, water situation, and road impact with lot drainage problems.. (Further - see tape) Hepper: How many houses are in Country Terrace Subdivision? Shoemaker: Twenty-.eight. Crookston: You have dry line sewers in Country Terrace, how about the water? Shoemaker: I would guess that maybe it is there. MERIDIAN RLANNING & ZONING ARRI~ , ln~` RAGE 17 Clerk Niemann: Not a dry line water. • Crookston: Do you know what the subdivision's plans are about connecting to city sewer? Shoemaker: The majority of the homeowners that I've talked to, we want to stay where we are .just the way we are. We do not want to connect. ~ Chairman Johnson: You mentioned you represent the Homeowners, do you have a list of people that you represent or do you represent all cf them or the board of directors? hoe;n4ker~: I know I don't represent all of them. I was asked to tall: instead of having a bunch of different people come up here. Chair^man Johnson: Thank you. Anyone else to testify? Not^m Fuller, 1:03 W. Camellia, was savor^, by the attorney. Fu31er: We met with the Developers this afternoon and we don't have any big problem, I think we are goir;g to cooperate. C!~airman Johnson: When yo!: say, "we" your meaning who'' Fuller: The developers of Meridian Greens. We have no interest in connecting on to 3rd Stn^eet, their subdivision at all, unless it goes out to Meridian Road then we probably would. Alidjar.i: When Country Terrace was put together was that a dedicated road or area of an easement or a culdesac or something +.o extend that r^oad as they are proposing today. Fuller: Yes. Country Terrace way was originally going to go on through which is now Kingsford but they didn't want that blocked off. Chairman Jchnsc^,: Thank you. Anyone else? Sylvia Evans, 2~C0 S. Meridian Rd., was sworn by the attorney. Evans: My concern is the property, the easement coming out for Meridian, Road would come right beside mine. Also there is a parcel of land sitting back there, what would they put on there Because we do have a real water problem. ^hai~^;an Johnson: T;'?ar.!~ yeu. Anyone else? ME~IDIAhd P' AhIhIING R ZONING =BRIE 14, 199c PAG_ 18 • P_~t T~c~cker, lb5 D. Overland Rd., was sworn by the attorney. Thacker: own the proper+,y north of this proposed subdivision. I have ome h.gh ground, I have some low ground and then I also share, my property line with Five people in Country Terrace. I dal a test hole to see where all the water on the lower part of my property was coming from and that water is groundwater, it sups +_;p, it' abcu~ three feet down. It's definitely a wetlands. There is a tremendous amount of duck and geese that live there. The IT^rigatior, District, Nampa Meridian Irrigation District tr_ed to take out all the trees on that ditch, cut them all down, they wanted to put a road on either side and spray it. That also violates 404C, which is a Federal Clean Water Act ar.d the wetlands is also a Federal mandate that they not be destroyed. (F~_irthe*~ explanation - see tape) Chairman Johnson: Anyone else to testify? Susan Baker-Thon, 1889 Country Ter-race Way, was sworn by t~e attot^ney. Thon: We need some assurances for our comfort about the Covenants, the size of those homes, and access. The majority of ~_rs do wish to remain on our• own water and sewer system. Chairman Johnson: Thank you. Anyone else? Ralph Lobato, 1712 Country Terrace, was sworn by the attorney ~obato: I do agree that the access r^oad to Meridian-Kona Highway be put in first before construction starts. I do differ in opinion on the sewer. I'd like to see at :east a ccr~nection if we are not individually connected tc the city sewer. Chairman Johnson: Thank you. Anyone else? Addy Houton, 1771_ Country Terrace, was sworn by the attorney. Houton: In, reviewing my title ir.s~.:rance there seems to be _. discrepancy or property lines or, two or three of the homes that adjoins this property and until this is cleared up I world think that something should be held up. Chairman Johnson: Thank yogis. Ar,yor•~ el=_e? Sid Harmon, lE~?_ Co~sntry Terrace W~?y, was sworn by the 3ttor^ey. • C~ ~ERIDIAr! PLANNING & ZONING 'APRIL i4, 19°C PACE 1° Harmon: The one point I wanted to make is to ensure that the aprlicat:on process concerned for this property in this de~~~elopment does address the State Stream Alteration Permit and the Federal 404C Permit procedures to ensure that those permits are looked at as far as the wetlands are concerned. chairman Johnson: Thank you. Steve Anderson, 1713 Country attorney. Anyone else? Terrace Way, was sworn by the Anderson: To the Commission, late tonight. To my neighbors and expre=_sing your concerns. will do everything we can to a good quality pr o,ec~. I want to thank you for working I want to say thank you for coming I'm sure the builder and myself make sure that this project will be Jewell: I'd like to address some of the subjects that have been brought up here tonight. The future Meridian Greens traffic through Country Terrace probably wouldn't happen one out of a hu•r.dred times because they would have to go out of their way to get there. There is no direct access to Meridian Greens. The future road to Meg^idian Road in exchange for Calderwood is new information to me. I was not aware of it and I don't know where the inFor^~ation came from. We asked the Ada County Highway District if there was any problems in vacating it especially since if it dr^opped out to Meridian Road it may cause undue traffic t;-iere. However, it's possible some access could be made however we'd have to loose a lot and Meridian Greens would have to loose a lot to p~.;t it in there plus we would have to get additional :^ight of way ft^om somewhere to be able to punch it through. Whoever mentioned about the bridge there is absolutely correct, the*,~ is no way we could ever put a bridge in and develop this property at our expense. We have no intentions. Values of the properties on our proposed development will in general probably exceed those in Country Terrace. The restrictive covenants have been well developed. We do not plan on having any basements.. We will be abiding to FHA drainage grading. Chairman Johnson:- Northwest Design Service sent a letter to the ACRD - maybe i misunderstood what you said, it's a request is he*^e 5y made for the exchange of Calderwood right of way for the new proposed street right of ways as shown on the preliminary al:t. Tie that in with your opening comment. • MERIDIAN PLANNING 3 ZONING APRIL 14, 1992 PAGE 20 ~J Jewell: The exchange was in regard to right of ways within the property and ACRD has asked us to resubmit a letter, they prefer that we just go in a vacate it rather than go over it with exchanges. The only other thing was the wetland areas. The wet areas have never been identified or dedicated as wetlands. The well lot and the property north of that are in fact lower than our development, everything drains that way. Our intentions are to intercept it and to drain it off into Ten Mile before it gets to that property. Actually what we will be doing is improving the well lot for Country Terrace Subdivision. Gage: In his original testimony I believe he touched on building this road we are concerned about, yet he just stated that he couldn't possibly afford to build a bridge across Ten Mile Creek, my question is who are we kidding. You don't build a bridge across Ten Mile Creek you can't get access to the subdivision. Jewell: There is suggestion that we implied there would be a road from our development to Meridian Road, this has never been. Chairman Johnson: Thank you. Anyone else? Larry Bertetto, 665 Antigua, was sworn by the attorney. Bertetto: The question I'd like to ask is this subdivision going to connect to 3rd Way in Meridian Greens? Chairman Johnson: I think the Meridian Greens #2 I think they designate that area south. The extension of 3rd Street would be where the road would connect but on this plat it doesn't show 3rd Street going down that'far south. Hepper: Would there be a problem with emergency vehicles having only one access. Alidjani: Yes you do. Jewell: The extension to the future Meridian Greens was my original concept because that was the way that they were going to develop that in the future. I approached the owners engineers on it and presented them my conceptual design and asked them if they could foresee any problem at the time, naturally they couldn't comment on it but I left word for them to let me know if there were. The owner of the property should have had access for this information. If there is no lot, that is correct we do not have legal access. U ME??IDIAN PLANNING b ZONING APRIL ? 4, 19'?2 PAGE 2l Alidj~ni: ~o you'd have a culdesac. • Chairman Johnson: Anyone else? No response. I will close the Public ='earing. The Motior was made by Alidjani and seconded by Hepper to have the attorney prepare Findings of Fact and Conclusions of Law for this request. Motion Carried: All Yea: ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING W/PRELIMINARY PLAT: MAWS ADDITION: Chair^mar, Johnson: I will open the Public Hearing. Is there a reps^esen'~ative f1^om the applicant present^ We did receive today o^e letter ':hat Jack has entered into cur record. Basically it's a concern from Dennis Baker not interested in the vacation of P.d{tins Lane. ^3t 'Tee_y, 479 Main, Boise, was sworn by the attorney. Teely: This application is for an R-8 gone on 9.39 acres, the total s'.lbdiv151on comprises 43 lots for a density of 4.5 units pe~~ ac-^~. Well below the density allowed for an R-8 zone however we need that for the dimensional, in other words to get down to _,0 foot aide lot=_. We believe this is consistent with the zoning t`-:at you have provide for Mr. Baker in the Danbury Subdivision area. We are providing for the extra right of way for improvements to Pine Street and to Loc•~st Grove and will build these in conjunction with the application. Water and sewer will also be extended north on Locust Gr^ove as part of this application. We have read the Engineer's comments and don't have any problems with what he's requested. Can I answer any questior:s'' Hepper: Do you have any landscaping figured? Te.ly: T,here'~ nothing shown here but we will landscape along the Loc~_~st Grove and Pine Street in order to buffer the subdivision. ~'epper; :Jill there be curb, gutter ar.d sidewalk? Teely; That' _ =or~ect. • HUB OF TREASURE VALLEY A Good Place to Live OFFICIALS COUNCILMEN JACKNIEMANN,CItyClerk CITY OF MERIDIAN A JANICE GASS, Treasurer ROBERT GI SLER BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO MAX YERRINGTON WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE EARL WARD, waste water supt. MERIDIAN, IDAHO 83642 Chairman Zoning 8 Planning KENNY BOWERS, Fire Chief BILL GORDON, Police Chief Phone (208) 888-4433 JIM JOHNSON GARY SMITH, City Engineer FAX (208) 887-4813 Centennial Coordinator GRANT P. KINGSFORD PATSY FEDRIZZI Mayor MEMORANDUM December 7, 1992 TO: JACK NIEMANN FROM: GARY SMITH RE: RUNNING BROOK, TATES SUBD. Steven Hosac called his' morning to ask about this subdivision and the lot presently occupied ,by he well serving the Country Terrace Subd. Hi<s-parents own this lot-an d. they want to be able to sell it as a bui ding lot if and_when the Country Terrace Subd. connects to city vrater'-and- this well is abandoned. He is concerned about access ttti the Iot from the culdesac of Running Hrook Place and how"wide the access should be.` He asked that I write you a note about our etsn ersation. In this instance I don't see a problem with a 20 foot wide easement to connect 'this future flag lot with the street even though we normally like 'to see a 30 foot wide lot frontage. Perhaps put 5 feet in Lot ll and 15-feet°'on Lot 12. I have Glenn Johnson's name and telephone numbet^ to-Steve and he said he would call him to talk about the access issue. If this is to be considered as a future residential building lot, Mr. and Mrs. Hosac should extend a 4 inch diameter sewer service line from the culdesac manhole and a 1 inch diameter water service line into the easement. • ~~ .~ ,,~ -~~~ REPLY TO ATTENTION OF: Operations Division DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS WALLA WALLA, WASHINGTON 99362.9265 August 11, 1992 SUBJECT: NPW No. 920201250 Mr. Richard Jewell Northwest Design Service 1082 Arlington Drive Eagle, Idaho 83616 Dear Mr. Jewell: This is in response to your letter, dated July 7, 1992, in which you provided some historical background requested by Mr. Greg Martinez of our Boise Regulatory Office. As you are aware, on May 13, 1992, Mr. Martinez met on-site with Mr. John Gunderson and Mr. Glen Johnson to determine if the property contained any wetlands or other waters of the United States which would be affected by the proposed residential development. Based on his inspection of the site, Mr. Martinez determined that portions of Lots 14 and 15 contained vegetative communities consisting mostly of cattail which appeared to be wetlands subject to our jurisdiction under Section 404 of the Clean Water Act. However, you asked Mr. Martinez to delay our final decision until you provided some historical background information which you felt might have a bearing on our decision. We have reviewed the submitted information and determined that the wetlands present are the result of a high ground water table, leakage from the well house, and storm water collected from Country Terrace Subdivision and discharged by a pipe into the area near the well house. Based on this information, the wetlands in Lots 14 and 15 are subject to our jurisdiction and a permit is required from the Corps of Engineers to place dredged or fill material into these areas. Regarding your recommendations to deal with the problems outlined in your letter, the cleaning out of the original ditches would be considered new construction since no trace of these ditches could be found during the initial site inspection by Mr. Martinez, Mr. Gunderson, or Mr. Johnson. However, permit requirements for this work would depend on how these ditches were constructed and whether they were located in wetlands. Dirt placed on the bank along Ten Mile Creek over the years could be removed without a permit provided that it is not placed below the ordinary high water mark of the creek or into the riparian wetland community adjacent the creek. • • -2- The proposed maintenance of the perforated pipe in upland areas and the grading of the upland portions of the property does not require a Department of the Army permit. The construction of service line crossings of Ten Mile Creek would require a permit as well as any other work in the creek or wetlands which results in the placement of fill material, either permanently or temporarily. I recommend that you submit a permit application as soon as your plans have been finalized and not less than 60 days before you would like to begin construction to allow us sufficient time to process your application. The evaluation of projects which require Department of the Army permits includes consideration of alternatives which would have the least adverse impact on the aquatic environment. Therefore, your design of the proposed project should include consideration of all means to avoid, minimize, or compensate for losses to the aquatic environment. Please be advised that the discharge of dredged or fill material in waters of the United States, including wetlands, prior to obtaining the required Department of the Army permit represents a violation of the provisions of the Clean Water Act. Also, the crossing of Ten Mile Creek to install service lines to include water, sewer, electric, cable, etc., would require approval from the Idaho Department of Water Resources. You should contact them at (208) 334-2266 with regard to their permit requirements and procedures. If you should have any questions regarding this matter, please contact Mr. Martinez at (208) 343-0671. Sincerely, G. Dean Hilliard Chief, Regulatory Branch Copies Furnished: Mr. Steve Anderson 1713 South Country Terrace Way Meridian, Idaho 83642 .~ATTN: Mr. Jack Wiemann, City Clerk City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 • Copies Furnished: (Cont'd) Mr. A. John Gaige 1675 Country Terrace Way Meridian, Idaho 83642 -3- E • • LAW OFFICE ELLIS, BROWN & SHEILS, CHARTERED P.O. BOX 388 BOISE, IDAHO 8370] 'ALLEN B. ELLIS STEPHEN C. BROWN MAX M. SHEII.S, JR. MARTIN NEILS 'Also admixed in California July 15, 1993 Wayne Forrey Meridian City Hall 33 East Idaho Meridian, ID 83642 RECEIiIE® J U l 1 6 1993 CITY OF rifFKtl}I~N 707 NORTH 8TH STREET OFFICE (208) 345-7832 FAX (208) 345-9564 Re: Running Brook Estates/Terrace Water Corporation EBS 2944.1 Dear Wayne: Thank you for your call last week to inform me that Running Brook Estates' final plat was approved subject to the developer placing restrictions on the plat pertaining to the Terrace Water Corporation easement. For your information, these are the terms the parties appear to have agreed to: 1. The access easement from the street to the well lot will be 20 feet wide, consisting of 10 feet taken from each of two lots. 2. The owner/developer will put an all weather surface on the easement. 3. There will be a 3 foot cyclone fence built on either side of the easement, with Terrace Water Corporation buying the materials and the owner/developer installing the fence. 4. Terrace Water Corporation shall be entitled to put in a gate to limit access to the easement. 5. The easement will remain unobstructed, that is, there will be no storage of boats, vehicles, or other materials to obstruct the use of the easement. 6. When the well lot ceases to be used by Terrace Water Corporation as a well lot and the lease for the well lot expires, • • • Wayne Forrey July 15, 1993 Page 2 the easement will expire. If you have any questions, please feel free to call me, or contact Sid Harmon. His work number at Hewlett Packard is 377- 9700 (ext. 333). Could you please forward a copy of the Council's written decision, as mailed to the applicant, to my office. Thank you. Very/~~u~y yours, . Brown SCB:blg cc: Wayne G. Crookston, Jr. Alan G. Lance ii' t of~laats JACK NiEMANN, Clty Cterk JANICE BASS, Tteaaurer BRUCE D. STUAgT, Water wpAcg Sui7f. WAYNE G. CROOKSTON, JA., ArtOmey EARL WARD. Wule water Supt. KENNY 80WERS, FireCHief qll 1 !.nAM]N, Dwli4o (.:t•iei GAR1'SMITM, Glty E~9lneer April 9, 1993 HUB OF TRF..45URE VALLEY • A Good Place co Live cotmcr~uEN CI~~ OF MERIDIAN E~~ A~:~ ~ 33 EAST IDAHO ~sE~txrolooaale MERIDIAN IDAHO 83642 , Phnne {7nR)1~dd33 a,alrr„al,zor+l~o m n~Mo JIM JOHNSON FAJC (2~ F8 %•x813 GRAN'C P. KINGSFORD Mayor Post-Jt' brarM faz transmittal memo 761T ~ as<~a. - r Mr. Steve Andarcon i434 Meridian St. Meridian, Idaho 83642 Dear Mr. Anderson: On March 30, 1993, RoprQCtantat i ves o Corporation met with myself and Mayor Grant access to the well lot at the north end of R We had a good positive discussion of your Based on our review of this preli~inary pla Northwest Design Serviee prepare a set of f will addre~c the concerns identified in correspondence froa~ Mr. Stephen C. Brown. have a copy of this letter. ~. f the Torrace Water Kingsford to review unning Brook Estates. proposed developtwertt. t, we recomswend that final plat notes that the March 12, 1993 We believe that you After you have prepared these final pl t notes, please send theo~ to me for review and approval. Would you also send a copy to the Te~-r4ee 4.leter Corporation, Mr•. Sid Ha non, 263 S. Country Terrace Way, Meridian, Idaho 83642, 888-68521 Mould you also verify in writing to tf'Z' develop a graveled roadway leading into this for your cooperation. If I can help you in nfr a3. 888-41+33. Keep up your good work! Respectful Iy, City of Meridi~ 5 ~~ Wayne Forre! Planning Direei City tnat you will well lot. Thank you any way please cell r, A 1 :or ,• i t• ALAN G. LANCE Attorney and Counselor at Law Heritage Building, Suite 100 77 East Idaho Post Office Box 814 Meridian, Idaho 83680 n ~D art~red .- APR2 7 1993 (208) 888-2575 FAX 888-9224 'y ~ .* * Licensed in all State and Federal Courts in Idaho and Ohio April 24, 1993 Mr. Stephen C. Brown ELLIS, BROWN & SHEILS, CHARTERED P. O. Box 388 Boise, ID 83701 Dear Steve: Please be advised that I have conferred with my clients relative to the lease of November 6, 1978, by and between Hosac Brothers, the owners of a certain lot and Terrace Water Cor- poration, Inc. Additionally, I have discussed with my clients the concerns of the Water Corporation and a variety of the matters which were addressed by you in your correspondence dated April 9, 1993. Please be advised of the following: 1. Any concession that is made by my clients will necessarily have to be made in favor of the well lot and the Hosacs, the owners thereof and not formally, nor in perpetually, in favor of your clients, Terrace Water Corporation, Inc., inasmuch as that lease will indeed terminate upon the availability of water facilities to the subdivision. Therefore, any permanent legend on a plat, or other official instrument, granting any proprietary or easement rights to the Lessee, Terrace Water Corporation, Inc., is totally unacceptable. 2. My clients, although not obligated to do so, have authorized me to make the following proposal: A. That an all weather gravel surface will be placed -~ L:J U • through their property for the benefit of the well lot property. B. That in the event your clients would like to purchase materials for a three foot high hurricane type fence, my clients would install same, bounding the all weather gravel surface that they intend to install for the benefit of the well lot. C. That any and all instrumentation would reflect clearly that the easement provided is. for the benefit of the well lot and would run with the land. These matters would appear to satisfy the concerns addressed by you in the letter and concerns previously addressed. However, again, any information contained on the plat would clearly be in favor of the real property itself, and not in favor of your clients, a mere lessee of the property. Please advise, should you have any questions and or as to the acceptability of the proposal to your clients, or to the owner of the lot, the Hosacks. AGL/dmr cc: Steve Anderson Richard Jewell Glen Johnson ince ely ours, n G. Lance Attorney at Law I LAW OFFICE ELLIS, BROWN &SHEILS, CHARTERED P.O. BOX 388 BOISE, IDAHO 83701 *ALLEN B. ELLIS STEPHEN C. BROWN MAX M. SHEILS, JR. MARTIN NEILS •Also admitted in California April 9, 1993 Grant Kingsford, Mayor Meridian City Hall 33 East Idaho Meridian, ID 83642 '~~ ~~ ~~~. 707 NORTH 8TH STREET OFFICE (208) 345-7832 FAX (208) 345-9564 Re: Running Brook Estates/Terrace Water Corp., Inc. EBS 2944.1 Dear Mayor Kingsford: Thank you for the opportunity to meet with you and Wayne Forrey several days ago. I enclose a copy of a letter to Alan Lance, attorney for Running Brook Estates Subdivision. We are making an effort to work out an agreement between the private parties that the city can incorporate into the final plat approval. I am sorry to learn this morning of the death of Jack Niemann, your city clerk. Please express my condolences to those cf j ou €•r:~c ]~.ne~•a h1?!? .ard F7~;vPd :•Jlth h~?^.. Very truly yours, Dictated by Mr Brown and mailed without his signature to avoid delay, Stephen C. Brown SCB:blg • Alan G. Lance, Esq. April 9, 1993 Page 2 vehicles, or anything else. 3. That the easement be provided with an all-weather (gravel) surface. 4. That both sides of the easement be fenced and the entry gated. Easement: The preliminary plat already provides for the 20 foot easement. The access easement is identified as a general utility easement. All the lots have those. In most instances, homeowners will be entitled to build fences, plant shrubs and leave personal property on the utility easements because they are only necessary to repair underground pipe-and conduit. The easement to the well lot, however, must remain unobstructed at all times, and that requirement should appear on the face of the plat. Legend and Plat. Surface and Fencinct: In his December 2, 1992, letter, the city engineer recommended an all-weather gravel access road with fencing along both sides. In public hearing testimony before the Planning and Zoning Commission, Richard Jewell, on behalf of the developer agreed to provide the gravel .surface, although he indicated a desire not to do the fencing. As reflected on page 4 of the findings of fact and conclusions of law of the city council, there was testimony that the easement should be fenced and that access should be an all-weather surface. The findings, beginning at the bottom of page 9, is a little vague and that is what we are trying to correct. It appears the only issue is fencing. Terrace Water Corporation would like to see the easement fenced, since that would ..prevent people from utilizing. the easement for storing vehicles, stacking wood, or doing anything else that would cause an obstruction. Terrace Water Corporation, Inc. would agree to maintain the easement, keeping weeds down and so on, and would agree to put in a gate at gell entryway to the easement. We have discussed the need for more specific findings of Mayor Grant Kingsford and Wayne Forrey. They indicated the city wanted to clarify these conditions at the final plat stage and would be requesting recommended language for the plat from your clients. Hopefully, this will clarify what Terrace Water Corporation is seeking. With the exception of the fencing, it is nothing that your clients have not already agreed to. Ideally, I would like to arrive at an agreement with your client and submit ., • • Alan G. Lance, Esq. April 9, 1993 Page 3 that written agreement to the city with the understanding that these conditions will be incorporated into the final plat. Please review this and give me a call. Very truly yours, Stephen C. Brown SCB:blg encs cc: Mayor Grant Kingsford F ~ City of Meridian ~ INTER-OFFICE MEMO DATE ~.2-^ / ~q3 FROM: SUBJECT: S u bd. -- i~'irie l r~af-- TO: ,. 1~.~~~_~ wAfP~l1~-~~..~1~~~~`J"' a~Ma~ujr~r ~t 7~ r~rtits-~ Key Bank of Idaho A KeyCorp Bank Real Estate Construction Key Financial Center - 5th Floor 702 West Idaho Street P.O. Box 2800 Boise, Idaho 83701 (208) 334-7145 July 13, 1994 City of Meridian '; Z Fagt Tda::o n~Ien;:2 Meridian, ID 83642 Re: Irrevocable Standby Letter of Credit Running Brook Estates Running Brook Estates Subpmount: $3,000.00 Issued: 01/11/94 ~a Dear Sirs, In order to update our constructiono rlmost recent inspection subdivision, please send me a copy of Y or releases. and the appropriate Letter of Credit reductions and/ Your prompt response will be greatly appreciated. Sincerely, Reed Coleman Vice President America's neighborhood bank. THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member F01 w~