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HomeMy WebLinkAboutHonor Park Sub No. 3 FPOFFI IA WILLIAM G. BERG, JR., City Clerk JANIU`E UB OF TREASURE VALLEY L. SMITH, CityTreasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. A Good Place to Live CITY OF CO tN .0 1AC�AB R WALT W MORROW, President RONALD JOHN T. SHAWCROFT Waste Water Supt. DENNIS J. SUMMERS, Parks MERIDIAN R. O NTIREE CHARLES M. R Supt. SHARI L. STILES, P & Z Administrator 33 EAST IDAHO GLENN R. BENTLEY PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, MERIDIAN, IDAHO 83642 Phone Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., (208) 888-4433 • Public works/BuildingDe FAX (208) 887-4813 ent 887-2211 1 1 P & ? �OMM�Gc<> , JIM JOHNSON, Chairman Attorney Motor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY R013ERT D. CORRIE KEITH BORUP RON MANNING Mayor BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT WITH THE CITY OF MERIDIAN PROJECTS To insure that your comments and recommendations will be considered Meridian City Council, please submit your comments and reco ntthe m Meridian City Hall, Attn: Will Berg,medai the to City Clerk by: July 8, 1997 TRANSMITTAL DATE: 6/25/97 REQUEST: Final Plat for Honor P HEARING DATE: 7/15 /97 ark Subdivision No: 3 BY: William ur%m LOCATION OF PROPERTY OR PROJECT: South of Franklin Road Drive d West of Stratford JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/ KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT _BUILDING DEPARTMENT FIRE DEPARTMENT —POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO -(PRELIM & FINAL PLAT) __,._U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _CIN FI ESF RECLAMATION(PRELIM &FINAL PLAT) OTHER: YOUR CONCISE REMARKS: 0 r: HONOR PARK SUBDIVISION NO.3 STATEMENT OF CONFORMANCE 0 1. The two proposed new streets are designated as private. The 50 foot width and 37 foot improved section were agreed upon during the preliminary plat process. The private streets will have 5 foot sidewalks on both sides in compliance with City Ordinance. 2. The proposed commercial subdivision is in compliance with the Meridian Comprehensive Plan. 3. The project will connect to central sewer and water services. 4. The final plat complies with the Meridian City Ordinance. 5. All applicable utility easements have been delineated on the plat. 6. The street names on the final plat conform to the Street Name Committee comments. 7. The plat was drawn in conformance with acceptable engineering and surveying practices. 8. The final plat reflects the comments and conditions set forth by the City of Meridian on the preliminary plat. 970113 \statement.conf REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, HONOR PARK NO. 3 2. General Location, NW % Section 18, T.3N., R.1 E. 3. Owners of record, William A. Hon, William E. Norris & Roland L Hon Address, 3010W. State St., Boise. Idaho , Zip 83703 Telephone 343-7514 4. Applicant, William A. Hon Address, 3010 W. State St., Boise, ID 83703 5. Engineer, Stan McHutchison Firm Briggs Engineering, Inc. Address, 1111 S. Orchard, Suite 600 Boise ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings: Name William A. Hon Address 3010 W. State Street, Boise Idaho 83703 Telephone 343-7514 PRELIMINARY PLAT CHECKLIST: Subdivision Features Acres 21.02 2. Number of lots 17 Buildable & 6 Common 3. Lots per acre 1.09 4. Density per acre .81 970113/subappl 5. Zoning Classificaflon(s) C -G 6' If the proposed Jurisdictionalsubdivision7. is mile, what is the existing the Meridian 9 zoning classification Limits but within the Does the plat border a cation Potential green belt No WIN 8• Have recreational easements ents been provided for Are there proposed recreational No Explain nal amenities to the Ci 10. Are there � No Proposed dedications 0f common Explain areas? No For future parks? 11. What school(s)Explain school for future seryiCe the area sites No Meridian Explain You propose 12• Other P any agreements pro osed amenities to the Fire p City Central the Water Supp) Other y H Brants Explain Central Sewer 13. TYPe of B wilding (Residential, Commercial Industrial or combination) Co 14. Type of Dwelling(s) Sin I mmercial 15. Ingle Family, Duplexes, Multiplexes Proposed Development feature � other a. s. N/q Minimum square footage of lot b. Minimums (s) 43 560 quare footage of structure(s)°r 1 gcre C. Are garages provided for, N/q d. NA Are other coverin square e• Landsfootage gs provided for capin N/q landsca buebeen provided for Yes the Ci Ordinance ill be rovidedpescribe aloe FranklinA Oa 20 foot Rin coin fi f. Trees will be ance Provided for Y� trees owners association. will be maintained 170113/subappi b the lot g. Sprinkler stems are provided for in the 20 foot landscape buffer h Are there multiple units N/A Type, Remarks Are there special set back requirements No Explain Has off street parking been provided for Yes Explain Each commercial building will have parking lots k. Value range of property N/A Type of financing for development N/A M. Protective covenants were submitted Original Covenants on File at Meridian Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 970113/subappl N k$%etFivrilti4$t?ELti?t$? � // �7 gg gg gg / ««z«z««z«zz«z««z«z« "v�X45sv$R?ti4?=Y4$��i 00` opor'A a I i v i I / / x N W 4 ' (Fdt111 ION' _ _ _ _ _ ":a•C!T -___r zJ _- ..I� 9��� -2511 --------- ------- -----I— ,ee------ -1.-- --- It I I ' a p 111 � -- —'� '� Wlt p I� •It !! N 1 o I� z S 27 '11 I lin" w .GC utr Ir f u r 4IN N x $ U N �IV � 4 1• � zH N a 4 4 N;7L 2P-74A�-- -_ '7 I � 277.99' m 18 E S 00' j76' , I Iz >�p V gE N 0079'76' W I S 0079'76" E N 00'39'36' W z 141LL ^ 9 41 2,9.99• I S 0079'79' E , 1 i :y � I8 1 M ' I a : � I 1 i It i S V 1 o v 219.47' I — N 00'40'97_ E 102• I 229.00' e SI 270.07 211.21' _ ML ,r �ItpbOS I S. STRATFORD DRIVE I I z m S 007936" E V -M.' I w,60 5 w N 0079'76' W S 0079'76" E N 00'39'36' W z 141LL ^ 9 41 j? : $ $ It S V o v � 102• 74.69 229.00' e SI 270.07 211.21' _ ML ,r �ItpbOS S. STRATFORD DRIVE N o07791P E MERIDIAN CEMETARY 76N N' 7 f446.s1' (atsrs a� WARM) 8 7 22 23 18 9 s ® 16 11101AN ,9 M .N 6 21 20 19 15 14 13 12 T 5 E. KING ST. n «d 4 ©' 14 9 .O 13 12 it 10 9 8 7 6 5 3 15 IA 2 20 23 LLI 16 S W 17 ' 21 22 13 e, ,�. 7t 27 s b A •�Fi' '�. R8 . r n 23 se[Nur LANs p J V MERIDIAN is n t ! C oreq L 1" N� N 15 E. SOOLL[R LAN[ ♦ u z � n n w ..ter 0 4 5 6 7 8 9 3 O H N WATERTOWER LN.OR a _ NO RK Sue. H NORARK SU . N0.2 ' ~ 0 3 4 5 6 7 8 CE>, TPAt O VALLEY ' J0 PORA E PARK NO . 2 3 I4 5 6 8 9 o ZIi15 DEED IS BEICG_R:-REMMED 20 CORRE.^. 'HE _�Al M+KM M.DEED AM41.�UITCLAIM 901(7 FOR %ALL'S RECErM ROLASD L. HON. as his sole and separate property as disclosed j, by Agreement recorded 1/10/90 as Instrument No. 9001580. and LZLLIAM A. HOA. a tarried j, nen as his sole and separate property as disclosed by Instrument recorded !arch 2I. 1985. as Instrument 'go. 8515302. do hereby comer. rekm. remise and fomer quit claim an undivided 251. interest in parcels A. 8. C. i G in the below described property and a 12.5 interest in parcels D. E. i r describe] . belt PIOCEER EXCHANGE CORPORAMON. an Idaho corporation n chose addtew u Q % the fol1owm8 desenbed premises, to --n:' I* See the attached Exhibit "A" for legal description. which by this reference s is incorporated herein.) $ ti: 'y 3i 3; �I iy /✓A NEI Aift . Pion iR TiF:: roe 71'I JORN eAMA EC E � t►v 3 rogaha with that appurtmanca. Dated%January 30. 1990 $ � ho;.and non :ir:iam A. Hon 7 �I ACC\'O UDGMEhM Indmiled suTr OF IDAHO. COL.'NTY OR PRI t hareay emit)• that this Iarjumat was fUed br ry wwd Z STATEOF IDAHO Cmmtyof Adis St. at the rettutst a( -; 7 Oftth.! day of January Ln .M nWL bafmme,der at s0+minuta oa eeleekPi+a, s rotary public. tion 19`/��/^GI. in my and dolt Is A VnrOs`� �pl�w • lio and :.. and 1 -!ha A. bet 's Ivaw of L..ds at pap *�.�8 ^^,, �'�;� DA !� bF a a whose tus are edw/tmw ontrat4�Sna .1.^. .9 a !j ���� rJ otbp' d ofi�"an'11ur a�e� and mcloveme n .lad8ed a ut Fs vie Rom dee Sari .:h,r� c qtr ;i Rending n... ise. ;daho 6p FeesS I ?I UMLATION D1TE: 1; 1: 93 ,Mai! to: $l rl OF ADA CO'J'r'Y t I rl 821 Row Stm Sheet ')!mite. Idaho W= r.'O8i ?MAn10 '(201113, f=' _• " .! 942 %*Mo Cole Rod 1 bout. Who 0701 PARCEL A• THE NORTMMT 515.94 PELT OF TNM SOtTl7WEAST QUARTER OF THE NORTMW QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 "• EAST, LYING WESTERLY OF TNM WESTERLY LINE OF THE COUNTY ROAD (STRATFORD DRIVE). PARCEL at THE NORTHEAST QUARTER or THE NORTHMEST QUARTER or SECTION 18, IN TOMNSNIF 3 NORTH. RANGE 1 EAST OF THE 90231—MERIDIAN, IN ADA COUNTY, ILVUO. R=CPT mom PORTIONS or SAID TRACT DEStatI9ED IN BOOR 170 or +ac; DEEDS AT PACES 96 AND 141, RECORDS OF ADA, COUNTY. STATE OF ase IDAHOS AND EXCEPT 980I1ORN0 AT THE SOUTHWEST CORNER Or TRE -,tips NORTHEABT QUARTER OF TRM NORTRYSSS QUARTER. SUCTION 18, R.a,1E TOWNSHIP 3 MOM, RANGE I EAST. BOISE -MERIDIAN, ADA COUNTY, IDAHO, THE REAL POINT OF BZQXNlIINOs THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY Or SAID NORTHEAST striv QUARTER Or THE NORTRMEST QUARTER. SECTION 18. A s DISTANCE Or 1050 FEET TO A POINT ON THE NORTHEASTERLY BANK OF A STREAM CALLED NINE NILE CREEKS THENCE LAETERLY PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, A DISTANCE OF 622 FEET To A POINTE THENCE SOUTHERLY PARALLEL TO THE WESTERLY BOUNDARY Or SAID NORTHEAST QUARTER, OF THE NORTHWEST QUARTER, SECTION 18, A DISTANCE OF 1050 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER Or THE NORTHWEST QUARTER, SECTION 181 THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF THE SAID NORTHEAST OVARTER Or THE NORTHWEST SECTION 18 TO THE REAL POINT OF BEGINNING. AND EXCEPT THE NORTHERLY 25 FEET CONVEYED TO STATE OF IDANO BY DEED RECORDED UNDER INSTRUMENT No. 130137 (BOOK 182 Or DEED A PAGE 490), PARCEL C THE NORTHERLY 410.49 FEET OF THAT PORTION Or OOVERNBWENT LOT 2 IN THE. NORTHWEST QUARTER Or SECTION 1S, TOWNSHIP 3 NORTH, RANGE 1 EAST Or THE 8018E-MMIDIAN IN ADA COUNTY, IDAHO (TRE SOUTHERLY LINE Or WHICH IS PARALLEL TO THE NORTHERLY LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER OF SECTION 18, EXCEPT THAT PORTION LYING WEST OF THE EASTERLY LINE OF STATE HIGHWAY 69 AND ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF MERIDIAN BY DEED RECORDED MAY 27, 1976 UNDER INSTRUMENT NO. 7620286 PARCEL D• A PARCEL OF LAND BEING ALL THAT PORTION OF THE NORTH HALF OF THS NORTH HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF . SECTION 18, TOWNSHIP 3 NORTH. 1<A4CL: 1 EAST, BOISE -MERIDIAN, U114 NORTH OF THE RIGHT OF WAY DOUttOAIcY OF INTERSTATE 80N. PROJECT NO. 1-80-N-1(29)45 HICHWAY EUIcVCY: AND BEGINNING AT A POINT ON THE S.ICfIUN LINE WHICH BEARS SOUTH 0.18'50- WEST, 1,115. 5 t'CL•-r F'tOM The QUARTER SECTION CORNER C0M-140N TO SECTIONS 17 AND 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIAN; ':HENCL' SOUTH 0'18'50- WEST, ALONG THE ';CCTION LINE. 214.40 FEET TO THE SOUTH SIXTEENTH SECTION CWWtR Commom TO SECTIONS 17 AND 183 THENCE SOUTH 89.25050• WEST, ALOHC TAH: SIXTEENTH SECTION LINT, 1,325.20 FEET TO THE SOUTHEAST SIXTEI-in" SECTION CORNER OF SAID . SECTION 18: THENCE NORTH 0.17'15' EAST ALONG THE SIXTI•MNTH SECTION LINE. 1,327.82 FEET TO THE EAST CENTER SIXTELWM SECSION CORNER OF SAID SECTION 18: THENCE _ NORTH 89.20'03' EAST, 688.12 FEET TO A POINT ON THE CENTERLINE OF A CERTAIN IRRIGATION LATERAL: THENCE SOUTH 23.42'10• EAST ALONG SAID CENTERLINE, "•56.15 FEET TO A POINT: THENCE SOUTH 33.56'30' CAST ALONG SAID CL:NTERLINE. 392.37 FEET TO A POINT; THENCE SOUTH 37.01'10' EAST ALONG SAID CLUTER14". 171.a9 FEET TO A POINT: THENCE SOUTH 45.58'10' EAST. 64.27 FCC? TO THE POINT OF BEOINNINO. PARCEL E: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANCIt 1 CAST OF BOISE - MERIDIAN, IN ADA COUNTY, IDAHO. DESCRIBED AS FOLL0WSI BEGINNING AT A POINT ON THE SLCTION LINE WHICH DE.1RS SOUTH 0'18'50' WEST 503.35 FCIT FUON THE QUARTER SECTION CORNER COMMON TO SECTIONS 17 AND 18, TOWNSHIP 3 NORTH. RANCE 1 EAST, BOISE -MERIDIAN: THLNCL SOUTH 89.23'50' WEST, 416.28 FEET TO A POINT: THENCE NORTH 23'42110' WEST, 54.36 FEET TO A POINT: THENCE NORTH 89.23150' EAST, 438.42 FCCT 1b A POINT ON SAID SECTION LINE; THENCE SOUTH 0'18'50• WEST, ALONG THE SECTION LINE 50.01 FEET TO THE POINT OF BEGINNING. ....CAL = rll:JUEO PARCEL F:•:CRTU'.1EST CORNER OF THE SOUTHWEST BEGINNING AT A STONE AT T11_ 19. 1UWN`.11ZP 3 QUARTER OF THE NORTHEAST QUA+ :-lt JF SECTION RT RANGE 1 EAST, BOISE-NSRIDvAN, AO:. COUNTY. IDAHO. SOUTH ALOHC THS QUARTER SECTION LINE 7.46 CIL;"NS TO A +TONE. THE REAL POINT OF BEGINNING; CONTINUING SEC•IUN LINE 33.85 CIWINS TO THE SOUTH ALONG .HE QUAR:'_R SOUTHWEST CORNER OF THE ::Ofc.ttWEST QUARTER Of THE SOUTHEAST QUARTER OF SAID SE"lO:l 1D: T1IE4CE FAST ALONG THE SOUTH LINE OF LAID NORTHWEST QUAR-ER OF "4tfi SOUTHEAST QUARTER 3F SEC'T'OR 10 A DZS:ANCS OF 3'R or THE CHAINS TO THE SOUTHEAST CO1tttEu or ::Ala NOICTIIULST QUAt'= O SOUTHEAST QUARTER OF SAID SECTION 18: THENCE NORTH ALONG THE EAST LINE OF ::ASD NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 3D TIM t;l,ZNS ESS TO A STONEROF THE ! THENCE NORTHEAST QUARTER. HEST SECTIONDISTANCEA DISTANC£THE NORTH LOr'EOF THE SOUTHEAST :U.10 CHAINS TO THE SAM OF BEGINNING. PARLML C: THAT PORTION OF THE SOUTHWEST CUARTER OF THE BSOUTHEAST O EH�IDIUA QUARTER OF SECTION 18, TOWNSHIP 3 N0M-11, k:JtCE Z EAST. ADA COUNTY, ID;,ERLINSLYING NINEHKI1'* 11; TATE IIICHWAY HO' 04. AND �T OF EXCEPT DITCH, CANAL, WATER ;,I.D F&INERAL RIGHTS. r. taws SZr' F_ CAS. M. ' 'PUA 90 3 Lrt n�IP R - g s By _ T— rc�rne• anh then -Vunenencaa' Dacr3: January 30. 1990 FA ' a .• t } � n �i 3'BY • All y j><aea P. Spec . President . Ruby Be er. »erecary 3 ACILNOWLEDGmFpM. corpora* ' sSTATE OF �nAun _ County of SLUTCF ss. 3 , on this day of 4-s' " in the •year of_'x194_ . before toe iI 3 personally appeared Jamel P Speck an R• 9 tke an txary pabile, . 3 kn-m or idenaW to me to be the - Preeident and the. Secretary . 3 of the torparasionthat e:•cutadthe insesutaentorthepoem Lwho- P tedthe' eaid corporatism, and acknowledead to tae that such ccs • ;i 3rotary Psbliz. 3�I Residing at: _%fycommksionExpira: lam/ J •i1� PIONEER 77-71! C OF.ptZ0W_ 4 '31 9:1 Wer s— Soon ! now. me. erm rm -.'w 21� 2U bna Cele Red / twee. t"" 937tH : (M91 377..-= aI :: w.....�...e...w.,r'n-..�►�vw�r�rwvr.r.�„r►„o�rwww„�,.r..-....-..•.,v.n_r...I � AIS DEED 1S BZING RE-'ULGRDED TO P-91764 AS OF PARCEL C. y- I I..M N. �/� � ��� M'�'µMM1. y.MM M V V.V. �' • I V.M V. - .. QUITCLAIM DEED yol� so ooGs FOR MkLUE REC'EA'M PIONZ. EXCfIAICcE CORPORATIOK. an Idaho corporation, do hwv"~ O0 n-1 rekne. *a"m and fine�er qun clash its entire interest vhich is an undivided : raterest i� Parcels D E. ii P oz the attae uo'z -,*rest is ar:els A. D C 6 G of the attae�ied �e s} deecr} tion and an uadirided _ ed e�a deme._;tion WILLIAM E. SORRIS..an unmarried man, -hose ad3reeu p,0. Box 146. C. ] Sun valley. Idaho $3353 ij rhe iouoMms deecnbed pnrs"see. twex: �. Y+� . See the attached Exhibit 'A" for legal description. vhieh by this reference is incorporated herein. $1 a $l • A.a' Ceta•q•. IOYM N z P40meve EER Tr t'y AdeOem(R bird TItiI ^ ►t, O t -P .:� �' f�R O1 PIONEER Tr; LE GQ e l r. taws SZr' F_ CAS. M. ' 'PUA 90 3 Lrt n�IP R - g s By _ T— rc�rne• anh then -Vunenencaa' Dacr3: January 30. 1990 FA ' a .• t } � n �i 3'BY • All y j><aea P. Spec . President . Ruby Be er. »erecary 3 ACILNOWLEDGmFpM. corpora* ' sSTATE OF �nAun _ County of SLUTCF ss. 3 , on this day of 4-s' " in the •year of_'x194_ . before toe iI 3 personally appeared Jamel P Speck an R• 9 tke an txary pabile, . 3 kn-m or idenaW to me to be the - Preeident and the. Secretary . 3 of the torparasionthat e:•cutadthe insesutaentorthepoem Lwho- P tedthe' eaid corporatism, and acknowledead to tae that such ccs • ;i 3rotary Psbliz. 3�I Residing at: _%fycommksionExpira: lam/ J •i1� PIONEER 77-71! C OF.ptZ0W_ 4 '31 9:1 Wer s— Soon ! now. me. erm rm -.'w 21� 2U bna Cele Red / twee. t"" 937tH : (M91 377..-= aI :: w.....�...e...w.,r'n-..�►�vw�r�rwvr.r.�„r►„o�rwww„�,.r..-....-..•.,v.n_r...I � EXHIBIT 'A' PARCEL A: THE NORTHERLY 515.94 lEET OF THE SOUTHEAST QUARTER or THE NORTHWEST QUARTER Or SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST. LYING WESTERLY OF THE WESTERLY LINE OF THE COUNTY ROAD (STRATFORD DRIVE). PARCEL Ss THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18, IN TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE -MERIDIAN, IN ADA COUNTY, IDAHO, EXCEPT THOSE PORTIONS OF SAID TRACT DESCRIBED IN BOOR 170 OF DEEDS AT PAGES 96 AND 141, RDCORDS OF ADA COUNTY. STATE OF IDAHO? AND EXCEPT BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER. SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 DST, BOISE-MERIDLAN, ADA COUNTY, IDAHO, THE REAL POINT OF BECIWIING: THENCE NORTHERLY ALONG THE WESTERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, A DISTANCE OF 1030 FEET TO A POINT ON THE NORTHEASTERLY BANK OF A STREAK CALLED NINE NILE CREEK: THENCE EASTERLY PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER. SECTION 18, A DISTANCE OF 622 FEET TO A POINT: THENCE SOUTHERLY PARALLEL TO THE WESTERLY BOUNDARY OF SAID NORTHEAST QUARTER, OF THE NORTHWEST QUARTER. SECTION 18, A DISTANCE OF 1050 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 187 THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF THE SAID NORTHEAST QUARTER OF THE NORTHWEST SECTION 18 TO THE REAL POINT OF BEGINNING. AND EXCEPT THE NORTHERLY 25 FEET CONVEYED TO STATE OF IDAHO BY DEED RECORDED UNDER INSTRUMENT NO. 130137 (BOOK 182 OF DEED A PAGE 490). PARCEL C• THE NORTHERLY 410.49 FEET OF THAT PORTION OF GOVERNMENT IAT 2 IN THE.NORTHNEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE -MERIDIAN IN ADA COUNTY, IDAHO (THE SOUTHERLY LINE OF WHICH IS PARALLEL TO THE NORTHERLY LINE OF THE SOUTH HALF OF SAID NORTHWEST QUARTER OF SECTION 18, EXCEPT THAT PORTION LYING WEST OF THE EASTERLY LINE OF STATE HIGHWAY 69 AND ALSO EXCEPT THAT PORTION CONVEYED TO THE CITY OF MERIDIAN BY DEED RECORDED MAY 27, 1976 UNDER INSTRUMENT NO. 7620286 5 PARCEL DS A PA L OF LAND SEINC ALL THAT PORTION OF THE NORTH HALF OF THi NORTH HALF OF THE .SOUTHEAST OuARTP.R OF THE .SOUTHEAST QUAR?CR OF SECTION 18, TOWNSHIP 3 NORTH. nAHCL 1 EAST, 001SE-MERIDIAN, LYING NORTH OF THE RIGHT OF WAY 13OU140MCY OF IHTCn_l'TATE SON. PPAL7EC? NO. 1-80-N-1(29)45 HIGHWAY ZU14VL'Y; AND BEGINNING AT A POINT ON THE SeCTIUN LINE WHICH SEARS SOUTH 0.18050- WEST, 1,115.65 !•'CLr P104 THE QUARTER SECTION CORNER COMMON TO SECTIONS 17 AND 18, TOWNSHIP 3 NORTH, RANG1j 1 CAST, DOISt-MERIDIANI TIIGNC6 SOUTH 0-14140- We%?, ALONG THU CUCt'ION LINE, 214.40 FEE? TO THE SOUTH SIXTRRNTH SRCTION COHNLlt COMMON TO SCCTIONS 17 AMC 1g, THCNCE SOUTH 49.251500 WCST, ALONG T1111 CIXTCCNTH lCC?ION LINK, 1,329.20 FRC? TO TNN 17OWTh"A? 4lXTrLNTH ACO'Ci0N CORNRR OY SAID SECTION IS; TflzNC6 NORTH 0.171150 CAS? ALONG THQ CIX'1'I(CN?H QEC?ION LINK, 1,327.12 FCC? TO THE EAST CCNTLR SIXTUUNTH SECTION CM9A 01 SAID SECTION 181 THENCE NORTH 89.20'03- EAST, 688.12 FEET TO A POINT ON THE CCHTERLV9 O! A CERTAIN IRRIGATION LATF44AL: THENCE SOUTH 23.42'10" EAST ALONG SAID CENTERLINE, 656.15 FEE? TO A POINT, THENCE SOUTH 33.56130- CAST ALONG SAID CLNTCRLINE, 392.37 FLET TO A POINT, THENCE SOUTH 37.01110- EAST ALONG SAID CENTERLINt, 171.89 FEET TO A POINT; THENCE SOUTH 45.58'10- EAST, 64.27 FEC! TO THE POINT OF BEGINNING. PARCEL E• A PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 CAS? OF B0132 - MERIDIAN, IN ADA COUNTY, IDAHO, DCSCRISED AS FOLLOWSt BEGINNING AT A POINT ON THC SECTION LINO WHICH OCARS SOUTH 0'18150- WEST 503.35 FELr FUOM THE OUARTER SECTION CORNER COMMON TO SECTIONS 17 AND 10. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE -MERIDIANI THENCE SOUTH 89.23-50- WEST, 416.28 FELT TO A POINT/ THENCE NORTH 230420100 WEST, 54.36 FELT TO A POINT/ THENCE NORTH 89-23050- EAS?, 430.42 FEET 1.0 A POINT ON SAID $=?ION LINEI THENCE SOUTH 0.18'50- WEST, ALONG THE SECTION LINE 30.01 FEET TO THE POINT OF BEGINNING. LECAL CCN^1NUED PARCEL F: 8L•CINNING AT A STONE AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUAlrrell OF SECTION 10, TOWNSHIP 3 NORSH, RANGE 1 EAST,. BOISE -MERIDIAN, ADA COUNTY. IDAHO, SOUTH ALomG THE QUARTER SECTION LINE 7.66 CHAIN:: TO A .STONE'S, THE'REAL POINT OF . BEGINNING; CONTINUING SOUTH ALONG THE QUARTER SLC'.'ION LINE 32.85 CHAINS TO THE SOUTHWEST CORNER OF THE NOR71tWCST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10; THENCE EAST ALONG THE SOUTH LINE OF "10 NORTHWCST QUARTER OF THE SOUTUEAST QUARTER OF SL'CT1014 10 A DISTANCE OF 20.07 CHAINS TO THE SOUTHEAST COltNelt OF ::AID NOlmiul:ST QUARTCR OF THE SOUTHEAST QUARTER OF SAID SltCtION 10; THENCE NORTH ALONG THE EAST LINE Of ::AID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND T11C :;QUTMWCST QUARTER OF THE NORTHEAST QUARTER, 32.0. Cul INS TO A STONE; THENCE WEST PARALLEL TO THE NORTH L1NC OF THE SOUTHEAST QUARTER OF SAID SECTION 18. A DISTANCE OF 2U.10 CHAINS TO THE POINT OF BEGINNING. PARCEL G, THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH. l(,%NCE 1 FAST, BOISE -MERIDIAN. ADA COUNTY, IDAHO, LYING NORTH 01' INTERSTATE HIGHWAY NO. 04. AND EAST OF THE CENTERLINC OF NINE MILE CItCCK. EXCEPT DITCH, CANAL, WA!. -CR A14D MINERAL RICHTS. 12 : X11 FR L l I 'f UF- I"Itk 1 L 1 HN 2UH 8B T 4813 TU 3452950 P. 09/13 SL&IVISION EVALUATION DEET Proposed Development NameNOR PARK NO 3 _ City �11IE{fj�jQN Date Reviewed 312 6 Preliminary Stage XXXXX Final- Engineer/Developer F$ggs Enar. I W.A. Hater The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. i� The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, ENCY � ATIVES OR DESIGNEES Ada County Engineer John Priester ����- Date Ada Planning Assoc. Terri Raynor _ — Date City of Meridian Representative Meridian Fire District Representative tk'`"' Date 3 NOTE: A copy of this evaluation sheet niust be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plot will not be signed ll!! Subindex Street index 3[11.,11_ Section NUMHEillNG OF LOTS AND BLOCKSAdgi;Vwik �A%'_,�: c �=--� "E. FRANK "S. EAST F[BST.y RF , " "E WATFRTAWFRi ANN--- "S. ST AIM13D QRIV " "E_ CORPORTATF.. nRIV " The fallr mt nnn+as are annrevpd,Apd "F_ QFILJII I shall gppasr on the p at aw OF. SCENERY LANE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, ENCY � ATIVES OR DESIGNEES Ada County Engineer John Priester ����- Date Ada Planning Assoc. Terri Raynor _ — Date City of Meridian Representative Meridian Fire District Representative tk'`"' Date 3 NOTE: A copy of this evaluation sheet niust be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plot will not be signed ll!! Subindex Street index 3[11.,11_ Section NUMHEillNG OF LOTS AND BLOCKSAdgi;Vwik �A%'_,�: c �=--� 20L10 N0 16 P I i I : L ;, BECuF � pp- FF��JST GF� ( RIDi"A-N CLlT1� FEE _CFPU 10009260 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR VACATION OF THE EASEMENT COMMON TO LOTS 14, 15, 18 AND 19 OF BLOCK 2 IN HONOR PARK SUBDIVISION NO. 3 IN A C -G ZONE, SOUTH OF FRANKLIN ROAD ABUTTING THE WEST SIDE OF STRAFFORD DRIVE GENERALLY BETWEEN SCENERY LANE AND SCHILLER LANE, BRIGGS ENGINERING STEVE ARNOLD, APPLICANT FIL E Cap Y C/C 10/17/00 CASE NO. VAC -00-008 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF VACATION OF THE EASEMENT COMMON TO LOTS 14, 15, 18 AND 19 This matter coming on regularly before the City Council at its regular meeting on the 17`h day of October, 2000, at the hour of 7:30 p.m., and Shari Stiles, Planning and Zoning Administrator, appeared and testified at the hearing, and no one appeared in opposition, and the Council having received the record from the Findings of Fact and Conclusions of Law and Page 1 of 8 Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 (. Planning and Zoning Commission and its recommendations to the City Council, and no objection having been received makes the following Findings of Fact and Decision and Order. STATEMENT OF LEGAL AUTHORITY AND JURISDICTION CONCLUSIONS OF LAW Easements shall be vacated in the same manner as streets. {I.C. § 50- 13251. 2. The vacation of an easement which was accepted as part of a platted subdivision shall be vacated pursuant to the provision of Chapter 13, Title 50 Idaho Code {I.C. § 40-203 (6)}. 3. Any person, firm, association, corporation or other legally recognized form of business desiring to vacate a part of a plat which is inside the boundaries of any City must petition the City Council to vacate. Any person, persons, firm, association, corporation or other legally recognized form of business desiring to vacate a plat or any part thereof which is inside or within one (1) mile of the boundaries of any city must petition the city council to vacate. Such petition shall set forth particular circumstances of the requests to vacate; contain a legal description of the platted area or property to be vacated; the names of the persons affected thereby, and said petition shall be filed with the city cleric. Written notice of public hearing on said petition shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) successive weeks in the official newspaper of the city, the last of which shall be not less than seven (7) days prior to the date of said hearing; provided, however, that in a proceeding as to the vacation of all or a portion of a cemetery plat where there has been no Findings of Fact and Conclusions of Law and Page 2 of 8 Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 interment, or in the case of a cemetery being within three hundred feet (300') of another plat for which a vacation is sought, publication of the notice of hearing shall be the only required notice as to the property owners in the cemetery. When the procedures set forth herein have been fulfilled, the city council may grant the request to vacate with such restrictions as they deem necessary in the public interest. In the case of easements granted for gas, sewer, water, telephone, cable television, power, drainage, and slope purposes, public notice of intent to vacate is not required. Vacation of these easements shall occur upon the recording of the new or amended plat, provided that all affected easement holders have been notified by certified mail, return receipt requested, of the proposed vacation and have agreed to the same in writing. U.C. § 50-1306A (1), (2), (3) and (5)1 1. Pursuant to Meridian City Code §§ 12-10-1 A and B and 12-10-2 A and B it provides as follows: 12-10-1 APPLICATION PROCEDURE: A. Application: Any property owner desiring to vacate an existing subdivision, public right of way or easement shall complete and file an application with the Administrator. These provisions shall not apply to the widening of any street which is shown on this Comprehensive Development Plan, or the dedication of streets, rights of way or easements to be shown on a recorded subdivision. B. Administrator Action: Upon receipt of the completed application, the Administrator shall affix the date of application acceptance thereon. The Administrator shall place the application on the agenda for consideration at the next regular meeting of the Commission which is held not less than fifteen (15) days after said date of acceptance. 12-10-2 COMMISSION AND COUNCIL ACTION: A. Commission Recommendation: The Commission shall review the request and all agency responses and make a recommendation to the Findings of Fact and Conclusions of Law and Page 3 of 8 Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 0 Council for either approval, conditional approval, or denial. B. Council Action: 1. Hearing; Notice: When considering an application for vacation procedures, the Council shall establish a date for a public hearing and give such public notice as required by law. The Council may approve, deny or modify the application. Whenever public rights-of-way or lands are vacated, the Council shall provide adjacent property owners with a quit -claim deed for the vacated rights of way in such proportions as are prescribed by law. 2. Street Improvements; Bond: When considering an application for dedication procedures, the Council may approve, deny or modify the application. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction, prior to acceptance of the dedication. To complete the acceptance of any dedication of land, the owner shall furnish to the Council a deed describing and conveying such lands to be recorded with the County Recorder. FINDINGS OF FACT 1. Steve Arnold/Briggs Engineering, on behalf of the owner of the property, William A. Hon, filed a petition for the vacation of a common to lot line, removal and vacation of all public utilities, drainage and irrigation easements along the lot line between Lots 14, 15, 18 and 19 of Block 2 of Honor Park Subdivision No. 3, as dedicated in the QuitClaim Deed from Beverly B. Hon to William A. Hon, recorded March 26, 1990, as Instrument No. 9015416. 2. The legal descriptions of the utility and drainage easements which are the subject of this petition are: Lots 14, 15, 18 and 19, Block 2, of Honor Park Subdivision No. 3, Meridian, Idaho. Findings of Fact and Conclusions of Law and Page 4 of 8 Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 9 3. The particular circumstances of the requested vacation is: The vacation is requested to allow the single owner of these lots to construct buildings over the easements. The easements will not be required by the owner of these lots or the adjacent lots. 4. The names and, Relinquishment of Easements attached as Exhibit "A", of the affected by the petition to vacate include: 5.1 The applicant Steve Arnold/Briggs Engineering, Boise, Idaho, on behalf of the owner of the property, William A. Hon, Boise, Idaho, applied for the vacation application. 5.2 Consent to the vacation from Intermountain Gas Company, AT&T Cable Services, US West Communications, City of Meridian, and Idaho Power, will need to be attached as Exhibit 'A", and will be the Relinquishment of Partial Release of Easements releases from the utility companies. 5. Written notice of the public hearing of this petition was given by certified mail with return receipt at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition, and such notice was also published once a week for two (2) successive weeks in the Idaho Statesman with the last publication which was not less than seven (7) days prior to the hearing. 6. All affected utility holders have agreed to the requested vacation in writing. 7. All publication costs have been paid by the petitioner. Findings of Fact and Conclusions of Law and Page 5 of 8 Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 0 DECISION AND ORDER OF VACATION OF UTILITY EASEMENTS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING STATEMENT OF LEGAL AUTHORITY AND JURISDICTION AND STATEMENT OF FACTS RELATIVE TO LEGAL AUTHORITY AND JURISDICTION, the City Council does hereby ORDER and this does ORDER that: 1. The following utility and drainage easement as depicted on the Record of Survey of Honor Park Subdivision No. 3, is hereby vacated: Lots 14, 15, 18 and 19, Block 2, of Honor Park Subdivision No. 3, Meridian, Idaho. 2. The City Clerk shall cause a copy of this order to be served upon the affected utility holders, and the petitioner, Public Works, Planning and Zoning Departments, and the City Attorney's office. 3. The City Clerk shall cause a certified copy of this order to be recorded with the Ada County Recorders office. NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance Findings of Fact and Conclusions of Law and Page 6 of 8 Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 or denial of the vacation may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the 9 day of 6", _'2000. ROLL CALL COUNCILMAN ANDERSON COUNCILMAN BIRD COUNCILPERSON deWEERD VOTED VOTED VOTED COUNCILPERSON Mc CANDLESS VOTED `-- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED:'=(�Q Copy served upon Ap icant, the Planning and Zoning epartment, Public Works Department and City Attorney. "X01,,,.,,E►�,,,:,, v, \�oao%\fibIS- BY: D �. qty Clerk'` - �„� -°5 Findings of Fact and Conclusions of Law an Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 Page 7 of 8 Cis ('0 STATE OF IDAHO, ) ss. County of Ada. ) On this t�day of IgDV2vh6e-✓ , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Cleric of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • o®mmaaaao LTC* � � o (SEAL) �� a a s --;'0 s • •° 1T80F1D�o�•• �aaname* Notary Public 61 Ida Commission Expires: Gl d'(0 --�D 16 msg/ZAWork\M\Meridian 15360M\Honor Park No. 3 Sub\FfCIOrdVacCommonLotLine.wpd Findings of Fact and Conclusions of Law and Order of Vacation along the common lot line between Lots 14, 15, 18 and 19 Block 2/ Honor Park Sub. No. 3 By: Steve Arnold/Briggs Engineering for William A. Hon VAC -00-008 Page 8 of 8 is 0 • interoffice MEMORANDUM EcE1) To: William G. Berg, Jr. - N 0 V - 4 1999 From: Wm. F. Gigray, III CITY OF M RIDWX Subject: RELEASE OF NON -DEVELOPMENT AGREEMENT FOR HONOR PARK SUBDIVISION NO. 3 Date: November 4, 1999 Will: Please find attached, to this memo, an original of the above document. Would you please obtain Mayor Corrie's signature and then forward to William A. Hon, Roland L. Hon and William A. Norris for their execution and recording. Please forward a conformed recorded copy of the Release to our office. If you have any questions please advise. msg/ZAWork\M\Meridian 15360M\Honor Park No. 3 Sub\BergRelaseNonDevAgmt100699.Mem 1♦ 0 • RELEASE OF NON -DEVELOPMENT AGREEMENT The Non -Development Agreement entered into by and between William A. Hon, Roland L. Hon and William E. Norris, whose address is 3010 W. State Street, Suite 101, Boise, Idaho 83703, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 99088535 on the 2"d day of September, 1999, is hereby released and revolted, the provisions thereof are no longer binding on the parties thereto, and the time for development of Honor Park Subdivision No. 3 construction as required by the Ordinances of the City of Meridian, shall commence on the 50% day of 1999. DEVELOPERS William A. Hon Roland L. Hon William A. Norris CITY OF MERIDIAN VO ert D. Corrie, Mayor or - C\ c?, G c?, O ATTESTED: SQL =. 9 9G�' �Cb .Q William G. Berg, Jr., (ktyAClerk RELEASE OF NON -DEVELOPMENT AGREEMENT - PAGE 1 OF 3 HONOR PARK SUBDIVISION NO. 3 ACKNOWLEDGMENT STATE OF IDAHO,) . ss. County of Ada, ) On this day of , 1999, before me, the undersigned Notary Public in and for the State, personally appeared William A. Hon, known or identified to me to be the person who executed the above instrument, and aclalowledged 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. SEAL NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: STATE OF IDAHO,) . ss. County of Ada, ) On this day of , 1999, before me, the undersigned Notary Public in and for the State, personally appeared Roland L. Hon, known or identified to me to be the person who executed the above 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. SEAL NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: RELEASE OF NON -DEVELOPMENT AGREEMENT - PAGE 2 OF 3 HONOR PARK SUBDIVISION NO. 3 0 0 STATE OF IDAHO,) ss. County of Ada, ) On this day of , 1999, before me, the undersigned Notary Public in and for the State, personally appeared William E. Norris, known or identified to me to be the person who executed the above instrument, and ackulowledged 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. SEAL NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: STATE OF IDAHO, ) ss. County of Ada, ) On this ��c/'� day of h, , in the year 1999, before me, and William G. Berg, Jr., known or identified to me to the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged t o me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, "qday and year in this certificate first above written. STAJtp pLTBL1G t r , OF Notary Public, for Idaho Residing at: ��l C lets My Commission expires: 1/ --oma msg\Z:\Work\IvR lt"MII 15360M\Honor Park No. 3 Sub\RELEASE OF NON -DEVELOPMENT AGREEMENT RELEASE OF NON -DEVELOPMENT AGREEMENT - PAGE 3 OF 3 HONOR PARK SUBDIVISION NO. 3 EXHIBIT "B" OCT 17 Z000 CITY OF ME DIAN ' PLANrG & ONIN, 22 23 I } I I > Meridian Sonitor Sewer Eosement Ro a ~ 25' Storm Oravoge Easement 20 Q W 0 �I LL zF- E. SCENERY{' LANE Q (PRI VATS) (::I Q I) V) W 18 II 19 1 1 I V) I I1 EASEMENT PROPOSED TO BE VACATED I:I L- - - -- Ir- �! -------�._ _ _ --- I BLOCK 2 ' I II II I I I 15 14 16 I::I 10' Public Utilities, Drainage and Irrigation Easement I 20' Meridian Sanitary Sewer Eosement �..� II Meridian Sonitarz sewer Easement p�S — 25' Storm Drainoge Easement — 13 NOTES FROM RECORDED PLAT OF HONOR PARK SUBDIVISION NO.3, BK 78, PG 8191 2. LOTS 10, 11, 12, 14 THRU 19, 21 THRU 28, BLOCK 2 SHALL HAVE A FIVE (5) FOOT LOT DRAINAGE, PRESSURE IRRIGATION, PUBLIC UTILITY, CONSTRUCTION AND MAINTENANCE EASEMENT ADJACENT TO ALL LOT LINES WHICH DO NOT FRONT ON A PUBLIC STREET OR PRIVATE ROAD. REVISION EASEMENT VACATION FOR LOTS 14, 15, 18, BRIGGS ENGINEERING, INC. 19, BLOCK 2, OF HONOR PARK R SUBDIVISION NO.3 BRIGGS SHEET NW 1/4 SECTION 18, T.3N., R.1E., B.M., 1 OF 1 CITY OF MERIDIAN, ADA COUNTY, IDAHO (208)344-9700 1800 W. OVERLAND ROAD 990113VAC DESIGN I DRAFT I SCALE DATE DWG.NO. MEM NTS 8/23/00 990113 BOISE, IDAHO 83705 C� April 20, 1998 Ms. Shari Stiles City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 *NGINEER/NG BRIGGS 1 N C• • Re: Honor Park No. 3 Subdivision — Non -Development Agreement Dear Shari: Enclosed for processing is a copy of the non -development agreement for Honor Park No. 3 Subdivision. Please schedule this agreement for Council action as soon as possible. This is the same agreement we submitted to your office on December 30, 1997 for your review and comment. But since the Public Works Department will not approve the construction plans until Council approves the non -development agreement, it is very vital that Council approves the non - development agreement as soon as possible. To avoid any delays, I am sending a copy of this letter and agreement to both Will Berg and Rick Clinton. Please call me if your have any questions. Sincerely, BRIGGS ENGINEERING, Inc. Stan McHutchison, P.E. SLM:fc Enclosure: Non -Development Agreement cc: Will Berg w/enclosure Rick Clinton w/enclosure Bill Hon Becky Bowcutt Gary Smith w/enclosure 970113kitymer-10 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • • NON -DEVELOPMENT AGREEMENT This Non- Development Agreement ("Agreement") is made and entered into this --day of 1998, by and between William A. Hon, Roland L. Hon & William E. Norris , whose address is 3010 W. State Street, Suite 101, Boise, Idaho 83703 (hereinafter referred to as "Developer" and City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City") WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as Honor Park Subdivision No. 3 located in Ada County, Idaho, (hereinafter the "Subdivision"), a more particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 17 through 32, Block 2 (hereinafter "the undeveloped Lots") in the said Subdivision, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: Developer shall not sell any of the undeveloped lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon. 2. Developer shall not install or permit to be installed any improvements for the undeveloped lots in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written NON -DEVELOPMENT AGREEMENT, Page 1 c: \projects\9 70113\n a n d ev I p. ag r consent of the City. 3. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that the purposes of this Agreement the status of the undeveloped lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. 5. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as NON -DEVELOPMENT AGREEMENT, Page 2 c:\projects\970113\nondev1p.agr Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one-year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one-year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete the installation of the Improvements as set forth herein, approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 8. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON -DEVELOPMENT AGREEMENT, Page 3 c:\projects\970113\nondevlp. agr • IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: William A. Hon Roland L. Hon William A. Norris STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Hon , individual known or identified to me to be the person whose name is subscribed to the foregoing 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. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared Roland L. Hon , individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he NON -DEVELOPMENT AGREEMENT, Page 4 c:\projects\970113\nondevlp.agr • executed the same. 0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official.seal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Norris , individual known or identified to me to be the person whose name is subscribed to the foregoing 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. (SEAL) CITY: ATTEST: William G. Berg, Jr., City Clerk NON -DEVELOPMENT AGREEMENT, Page 5 c:\projects\970113\nondevlp.agr Notary Public for the State of Residing at My Commission Expires: CITY OF MERIDIAN Robert Corrie, Mayor STATE OF IDAHO) ) S.S. COUNTY OF ADA) CITY OF MERIDIAN On this day of , 19 , before me, the undersigned Notary Public in and for said State, personally appeared Robert D. Corrie , known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public of the State of Idaho (SEAL) Residing at Boise, Idaho My Commission Expires: NON -DEVELOPMENT AGREEMENT, Page 6 c: \projects\970113\n a n d ev I p. a g r LETTER t)F BRIGGS ENGINEERING, Inc. 1800 West Overland Road • Boise, Idaho 83705 PHONE: (208) 344-9700 • FAX NO: (208) 345-2950 TO of TRANSMITTAL DATE 3,0419 ID N0. q X0113 JOB NAME jiffYIEL 'P6 Lt IV 0• 3 JOB ADDRESS 0TY, STATE WE ARE SENDING YOU ❑ SHOP DRAWINGS ❑ WE ARE RETURNING ❑ CHANGE ORDER ❑ COPY OF LETTER ❑ PLANS ❑ ORIGINALS ❑ FINAL PLA T ❑ SPEC/F/CA TIONS El MPUTER DISK OTHER DESCRIPTION -THESE ARE TRANSMITTED AS CHECKED BELOW : fO? APPROYAL FU? Y17Y/R INFO WAIIG2V AS REGUa7ED f REWEW AND COVMDVT f B/DS DUE REMARKS COPY TO :& ❑ APPRO%ED AS-gJbWITIED ❑ APRRMO AS N070 ❑ RETURNED FA? CA?IUlaVS ❑ mar ENCLOSED ❑ UNDER SEPARATE COVER VIA ❑ FEDERAL EXPRESS 0 COURIER 9 ❑ REST 8M1T C6RfS FA? A0M0YAL ❑ SUBAI/T a"ES FA? DYSIR/ may ❑ RETURN CA?RECIED PRINTS AA S�6mAwt'z' MERIDIAN CITY C&CIL + MAY 19, 1998 PAGE 24 Crookston: Yes I have and I think it is fine I would just like to see the signature page and the notaries changed so that you have all the Mayor and the City Clerk sign on the same page as the developer then you have the notaries, thats my only comment, the agreement itself is fine. Corrie: Okay, further questions from Council? I've heard the recommendations of the City Attorney, Council are there any feelings on the non -development agreement? Rountree: We haven't heard from you tonight Mr. Bird. Bird: Mr. Mayor, I make a motion that we pass this non -development agreement for Honor Park Subdivision No. 3 by Hon, Hon and Norris with the amendment on the signing pages of having the Hon, Hon and Norris sign on the same pages as the City Clerk and Mayor. Anderson: Second. Corrie: Motion made by Mr. Bird and second by Mr. Anderson to accept the non - development agreement with the understanding that the signatures will be on one page between Hon, Hon and Norris and City Clerk and the Mayor. Any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #11: MARCH FOR PARKS INFORMATION BY TAMMY DE WEERD: Corrie: You didn't miss it by too much Tammy, just about fifteen minutes. De Weerd: Mr. Mayor, City Councilmen, I'm going to present our numbers to you tonight. Some of the checks have still not all arrived so again we are still a little bit tentative but to date we have $8115.50, bills have been $212.38 which leaves us a balance of $7903.00, then we have a check to present to you tonight by the Treasure Valley Volks Sport Club, they also collect donations during the march and they have a check here for $50.00 and I have another check for $10.00 which gives us — we also have outstanding sponsors at $1,055.00 so we should have a balance of over $9,000.00 that does include the $250.00 award that we received last fall for best event in the nation. If you add that to the donations or the revenue balance left over from last year we have about $15,500.00 to put towards playground equipment. Now I understand that $5,000.00 has been matched by the City, we would like to see this amount$9,000.00 matched again by the City this year, I think that that would indeed give us some very good top quality playground equipment for Tully Park and that was the goal. We had in kind donations of over $8,000.00 so that brings us to a total this year of over $17,000.00. Now we did evaluations this year at the conclusion of our walk, the MERIDIAN CITY C&CIL MAY 19, 1998 PAGE 23 Berg: This discussion though is she wants the ordinance changed and it doesn't have anything to do with her application of just meeting the five children for an accessory use, if you under — her application isn't quite the same. Bentley: I understand what you're saying but my feeling still is its in P & Z even though its still going to go back and address her issue its before P & Z and I don't want to discuss it at this time. Rountree: Boy you're grumpy. Bentley: That's what the wife said too. Corrie: What is happening here, I don't know whether you're understanding it or not but what she has before the Planning & Zoning has nothing to do with this so what you're saying here is let her go ahead and go through the Planning and Zoning and then after that is done she can — do you still want to hear her plight? She can only go to the Council, she can't go to Planning & Zoning on it, she has to go to the Council after this is taken up with the Planning and Zoning then is that correct what I'm hearing? Bird: Well no, I see what you're — Rountree: I understand what you're saying, she has a completely different issue and one issue is the ordinance and one issue is her application, if she wants to bring up her application to us no, if she wants to bring up the ordinance to us she can bring it up for discussion. Corrie: That's what she was wanting to do so — Rountree: She wants to do that on the 2"d it appears. Bird: Mr. Mayor, I make a motion that we table this until June 2"d. Rountree: Second. Corrie: Motion made by Mr. Bird second by Mr. Rountree to table this discussion until June 2"d, any further discussion? All those in favor of the motion say aye. MOTION CARRIED: All aye. ITEM #10: NON -DEVELOPMENT AGREEMENT HONOR PARK SUBDIVISION NO. 3 BY HON, HON AND NORRIS: Corrie: Counselor have you gone over this non -development agreement? 9 ki 6-e 0 STATE OF IDAHO DIVISION OF ENVIRONMENTAL QUALITY 1445 North Orchard, Boise, ID 83706-2239, (208) 373-0550 June 11, 1998 William A. Hon Real Estate 3010 W. State St. Boise, ID 83703 RE: Honor Park Subdivision #3 (Ada County) Water and sewer extensions Dear Mr. Hon: RFcEIv-ED JUN 15 1998 CITY OF MERIDIAN Philip E. Batt, Governor The plans and specifications for the subject project appear to meet State of Idaho standards and are conditionally approved based on the conditions listed below. We recommend that the District Health Department lift sanitary restrictions. STANDARD CONDITIONS: A. The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are considered to be part of the approved documents. B. This approval will be voided if. 1) construction is not completed by June 11, 1999; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. Per the project documents, the City of Meridian shall provide construction inspection sufficient to ensure the project is built as designed and approved. DEQ approval, prior to construction, is required for any deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings. D. Within thirty days after construction, the professional engineer shall provide DEQ with either: 1) record drawings with a cover letter as described in Item C, or 2) a letter of certification stating that the project was installed with no deviations from the approved plans. PROJECT SPECIFIC CONDITIONS• A. State Water Quality Standards and Wastewater Treatment Rules require that discharges from storm water must not impair the designated or existing beneficial uses of waters of the state. a • Mr. Hon June 11, 1998 Page 2 Also, as stated in the Ground Water Quality Rule, IDAPA 16.01.11 (1977), any activity with the potential to degrade the quality of an aquifer must be managed at least to maintain the existing ground water quality through the use of best management practices (BMPs), or best practical methods (BPMs) to the maximum extent practical (IDAPA 16.01.11.301). Your development, with the storm water runoff disposal proposed, could degrade ground water quality. Therefore, all storm water drainage basins, seepage beds, and appurtenant structures shall conform to the Catalog of Storm Water Best Management Practices for Idaho Cities and Counties (issued by DEQ in August, 1997), or equivalent. B. If storm water will be discharged into the unnamed existing drain ditch as the plans indicate, an NPDES permit is required from the Environmental Protection Agency (EPA). If the EPA cannot or does not issue such a permit, it will be necessary to comply with IDAPA section 16.01.02.054.080 C. Sheet St -1 shows a 15" SD line, while sheet S-1 and T-1 shows the same line as 12" SD, please clarify. D. Dead end water lines shall terminate with a 2" blow off assembly If you have any questions, please call me at 373-0252. Very best regards, 5 Larry . Peterson, P.E. Regional Manager - Engineering LSP:djb H:\DATA\WP61\PETERSN\HONORPK3.AL cc: Central District Health Department Nickie Arnold, EPA Region X, Boise field office Briggs Engineering (w/encl) City of Meridian, City Engineer, c/o Gary Smith Source File # 2, Reading File STATE OF IDAHO DIVISION OF ENVIRONMENTAL QUALITY 1445 North Orchard, Boise, ID 83706-2239, (208) 373-0550 June 11, 1998 William A. Hon Real Estate 3010 W. State St. Boise, ID 83703 RE: Honor Park Subdivision #3 (Ada County) Water and sewer extensions Dear Mr. Hon: • RE"'ElvElD JUN 15 1998 CITY OF MERIDIAN Philip E. Batt, Governor The plans and specifications for the subject project appear to meet State of Idaho standards and are conditionally approved based on the conditions listed below. We recommend that the District Health Department lift sanitary restrictions. STANDARD CONDITIONS: A. The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are considered to be part of the approved documents. B. This approval will be voided if: 1) construction is not completed by June 11, 1999; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. Per the project documents, the City of Meridian shall provide construction inspection sufficient to ensure the project is built as designed and approved. DEQ approval, prior to construction, is required for any deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings. D. Within thirty days after construction, the professional engineer shall provide DEQ with either: 1) record drawings with a cover letter as described in Item C, or 2) a letter of certification stating that the project was installed with no deviations from the approved plans. PROJECT SPECIFIC CONDITIONS• A. State Water Quality Standards and Wastewater Treatment Rules require that discharges from storm water must not impair the designated or existing beneficial uses of waters of the state. Mr. Hon June 11, 1998 Page 2 Also, as stated in the Ground Water Quality Rule, IDAPA 16.01.11 (1977), any activity with the potential to degrade the quality of an aquifer must be managed at least to maintain the existing ground water quality through the use of best management practices (BMPs), or best practical methods (BPMs) to the maximum extent practical (IDAPA 16.01.11.301). Your development, with the storm water runoff disposal proposed, could degrade ground water quality. Therefore, all storm water drainage basins, seepage beds, and appurtenant structures shall conform to the Catalog of Storm Water Best Management Practices for Idaho Cities and Counties (issued by DEQ in August, 1997), or equivalent. B. If storm water will be discharged into the unnamed existing drain ditch as the plans indicate, an NPDES permit is required from the Environmental Protection Agency (EPA). If the EPA cannot or does not issue such a permit, it will be necessary to comply with IDAPA section 16.01.02.054.080 C. Sheet St -1 shows a 15" SD line, while sheet S-1 and T-1 shows the same line as 12" SD, please clarify. D. Dead end water lines shall terminate with a 2" blow off assembly. If you have any questions, please call me at 373-0252. Very best regards, A 5La7rry.terson, P.E. Regional Manager - Engineering LSP:djb H:\DATA\WP61\PETERSN\HONORPK3.AL cc: Central District Health Department Nickie Arnold, EPA Region X, Boise field office Briggs Engineering (w/encl) City of Meridian, City Engineer, c/o Gary Smith Source File # 2, Reading File CENTRAL • •• DISTRICT WHEALTH DEPARTMENT 0 MAIN OFFICE • 707 N, ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. 98-465 July 27, 1998 PcElvEID David Navarro J U L 3 0 1998 Ada County Recorder 650 Main Street CITY OF MERIDIAN Boise, ID 83702 RE: Honor Park Subdivision #3. Dear Mr. Navarro: 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 July 22, 1998. Sanitary Restrictions as required by Idaho Code Title 50,' Chapter 13 have been partially satisfied and are lifted for Block 2, Lots 10, 11, 12 14, 15, and 16. Sanitary Restrictions as required by Idaho Code Title 50, Chapter 13 have not been satisfied and are in force for Block 2, Lots 17, 18, 191 21, 22, 23, 24, 25, 26, 27, and 28.. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, 1 Michael H. Reno, E.H.S. Environmental Health Specialist CC: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor Thomas E. Schmalz, Sr. Environmental Health Specialist HUD William Hon Real Estate Briggs Engineering, Inc. City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 707 N. Armsrong PI. 1606 Roberts 520 E. 8th Street N. 703 N. 1 st Street Boise, ID 83704 Boise, ID 83705 Mountain Home, ID 83647 P.O. Box 1448 Enviro. Health: 327-7499 Ph. 334-3355 Enviro. Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-33552P Family Health: 587-4407 Ph. 634-7194 Immunizations: 327-7450 WIC: 587-4409 FAX: 634-2174 Senior Nutrition: 327-7460® FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 RPR -20-1998 13=05 FROM April 20, 1998 Ms. Shari Stiles City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 TO ENGINEER/NG BRIGGS INC. • Re: Honor Park No. 3 Subdivision — Non -Development Agreement 8874813 P.02 RECEIVED APR 2 0 1998 (ITY OF MERIDIAN bear Shari: Enclosed for processing is a copy of the non -development agreement for Honor Park No.!3 Subdivision. Please schedule this agreement for Council action as soon as possible. This is,'the same agreement we submitted io your office on December 30, 1997 for your, review and ' comment. But since the Public, Works Department will not approve the construction plans until Council approves the non -development agreement, it is very vital that Council approves the non - development agreement as soot as possible. To avoid any delays, I am sending a copy of this letter and agreement to both Will Berg iind'Rick Clinton. Please call me if your have any, questions. Sincerely, BRIGGS ENGINEERING, Inc: Stan McHutchison, P.E. SL M: fc Enclosure: Non -Development Agreement cc: Will Berg w/enclosure Rick Clinton w/enclosure Bill Hon Becky Bowcutt Gary Smith w/enclosure 9701) 31citymer-!tr7 111 S. Orchard, Suite 600 • Boise, Idaho 83705 - (208) 344-9700 Fax# (208) 345-2950 APR 20 '98 13:0? PAGE.02 APR -20-1998 13:05 FROM TO 8874813 P.03 " NON -DEVELOPMENT AGREEMENT' This Non- Development Agreement ("Agreement') is made and ent ed into this day of 1998, by and bet, been William A. Hon. Roland L. Hon & William E. Norris , whose address is 3010 W. State Street. Suite 101. Boise, Idaho 33703 (hereinafter refen'ed to as "Developer" and City of Meridian, a municipality of the State of Idaho (hereinafter referried to as "City'). WHEREAS Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as Honor Park Subdivision No. 3 located in:Ada County„ Idaho, (hereinafter the "Subdivision), a more particular description of which is attached hereto as; Exhibit A; and ' WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvefnents and sale of proposed Lots 17 through 32 Block 2 (hefeinaf ter "the undeveloped Lots') in the said Subdivision, NOW, THEREFORE, in considerations of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: 1. Developer shall'not sell any of the undeveloped lots in the said Subdivisio4 during the term of this Agreement unless this Ab eement is first terminated or modified by the parties so as to permit the sale of the saidlots, or some of them, upon such terms and conditions asmay be agreed upon. ! 2. Developer shall not install or permit to be installed any improvements i for the undeveloped lots in the said Subdivision, including, but not limited to, street, sewer, water, izrigation and other utility' and lot improvements (hereinafter "Improvements") without the prior written NON -DEVELOPMENT AGREEMENT, Page 1 c: Iprojectst970113inondevlp.agr APR 20 '98 13:08 PAGE.03 RPR -20-1998 13:06 FROM TO 8874813 P.04 consent of the City. 3. At such time as ' Developer desires to install any of the said Improvements then Developer shall submit a written, request to the City which shall contain a detailed description of the Improvements which Developer' desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of itg discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such staged Improvements in accordance with the detailed description of the Improvements submitted to the! City. The amount of the said irrevocable letter of creditor `cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in aceordano�e with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that the purposes: of this Agreement the status of the undeveloped lots in the said Subdivision will be as- though the final plat thereof had not been filed and recorded. it is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect ofaltering any previous approvals, conditions or requirements pertaining to the said Subdivision. 5. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as NON -DEVELOPMENT AGREEMENT, Page 2 c:\projects\970113knondev1p.agr APR 20 '98 13:08 PAGE.04 RPR -20-1998 13:06 FROM 0 TO 8874813 P.05 • 1 Developer has completed the installation of all Improvements as required by the City acid other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall! execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no fiuther force and effect. The cost of recordation of this A,greenient and any release of it shall be paid by Developer. i 6. This Agreement shall terminate one-year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one-year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete the installation of the Improvements as set forth here" approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon anyfurther development of the undeveloped lots shall require additional approval from the City. i 7. This Agreement; shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. S. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON-DEVELOPMLNT AGREEMENT, Page 3 c:\projects\9701 t 3lnondevip.agr APR 20 '98 13:09 PAGE.05 RPR -20-1998 13=07 FROM TO 8874813 P.06 IN WITNESS WHEREOF, the Developer and the City have executed this Agreemeiit on the day and year first above written. DEVELOPER: William A. Hon Roland L. Hon + i William A. Norris STATE OF CALIFORNIA ) § t County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Hon , individual known or identified to me do be the person whose name is subscribed to the foregoing instrument, and acknowledged to rr a that he executed the same. ; IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sial, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and fol said State, personally; appeared Roland L. Hon , individual known or identified to me to be the person whose Ui a is subscribed to the foregoing instrument, and acknowledged to me that he NON -DEVELOPMENT AGREEMENT, Page 4 Oprojects19701 t3lnondevlp.agr APR 20 '98 13:09 PAGE.06 RPR -20-1998 13:07 FROM TO 8874813 P.07 executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Norris , individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sOal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expiret: (SEAL) CITY: CITY OF MERIDIAN Robert Corrie, Mayor ATTEST: William G. Berg; Jr., City Clerk NON -DEVELOPMENT AGREEMENT, Page 5 c:Xprojectsk970l l3, rnondevip.agr j APR 20 '98 13:09 PAGE.07 APR -20-1998 13:07 FROM STATE OF IDAHO) ) S.S. COUNTY OF ADA) CITY OF MERIDIAN TO 8874813 P.08 On this dayof , 19 , before nae, the undersigned Notary Public in and for said State, personally appeared Robert D. Corrie known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such rhunicipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public of the State of Idaho (SEAL) Residing at Boise, Idaho My Commission Expires: 1 1 I i I NON -DEVELOPMENT AGREEMENT, Page 6 c:\prqjects\970113\nondev1p.agr APR 20 '98 13:10 TOTAL P.08 PAGE.08 APR -20-1998 i i j M s com FAX D&TE EEM G BRI-GGS i FACSIMILE TRANSMITTAL d-/Idc)/fy I� FROM Zd4n BRIGGS ENGINEERIING, INC. 1111 S. ORCHARD, SUITE 600 * BOISE, ID. 83705 FAX NO.(208)345-2950 TELE N0!(208)344-9700 I ' N0 OF PAGES SENT BEI PROJECT N0. g 70 Lu (liracuding Transmitta) 9 1 ' RE!'EREN CE RE�ARKS 11111 S. ORCHARD, SUITE 600 * BOISE, IDAHO 83705 APR 20 '98 13:07 V, (208) 344-9700 FAX NO (208) 345-2950 PAGE. 01 f Meridian City Councils , January 6, 1998 Page 17 Stiles: So it is a temporary variance. Morrow. Yes but temporary could be a long time. Corrie: Any further discussion? Morrow. Mr. Mayor, I would move that we approve and adopt the findings of fact and conclusions as written. Tolsma: Second Corrie: Motion made and second that we approve the findings of fact and conclusions as written, roll call vote. ROLL CALL VOTE: Morrow — Yea, Bentley — Yea, Rountree — Absent, Tolsma —Yea MOTION CARRIED: All Yea Corrie: I will entertain a motion for the decision. Morrow. Mr. Mayor, it is hereby decided that the variance to the setback ordinance is hereby granted upon the condition that a deed restriction be entered into with Brighton Corporation and the applicant shall be required to have the 20 foot setback reinstated after the life estate of Helen B. Davis is no longer valid on the property.. Tolsma: Second Corrie: Motion made and second on the decision as read, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: DISCUSSION OF HONOR PARK NO. 3 SUBDIVISION: Corrie: Is Mr. Hon or a representative or Stan Hutchinson. Bowcutt: Becky Bowcutt, with Briggs Engineering, we brought this final plat before you in July, we had a lengthy discussion on maintenance of the two private roads. Just to refresh your memory it is the Honor Park subdivision off of Franklin owned by Mr. Hon. We are proposing two private roads, they would have a 50 foot right of way width, they were separate lots and a 37 foot back to back street section, 5 foot sidewalks both sides. Mr. Hon preferred both of these to be private, one is approximately 300 feet in length and the other is about 350 if you go to the center of the culdesac. During the preliminary plat process and the final plat we discussed issues such as maintenance of those private roadways. Mr. Morrow went into a long discussion that he wanted the Meridian City Council* • January 6, 1998 Page 18 CC&R's to include provisions for a trust fund to be set aside for each one of these roadways because they are separate by each pod of six lots. His motion in July was to make sure that the covenants included that provision. However the motion did not include the 50 foot right of way with the 37 foot back to back improved width. That was left out. Therefore staff stated that the original condition set forth by the staff which was a 58 foot right of way and a 41 foot back to back improved surface and a 62 foot radius would apply. My discussion with them was that it was in there as a final plat requirement because it was discussed at length and we were deferred to meet with staff during the preliminary plat process in order to come to an agreement on what standards we would build this to. Since the City ordinance has no private road standards. So I guess what I am asking for is just a clarification that the Council did concur with the requirements that we requested for these two private roads. There are six lots on each private road. It is zoned C -G commercial. Are there any questions, did I confuse you? Corrie: Thank you Becky, any questions from Council? Morrow. I have questions for Gary and Shari, your comments? Smith: Mayor and Council, the proposal was made by the developer for the private streets. The notes that I have in my file indicated that my assistant Bruce Freckleton was going to talk to the Highway District concerning their recommendations which he did. That precipitated the requirement for the width of right of way that was placed on our comments back to City Council. When it came before you discussion was had concerning their proposal to reduce the amount of right of way from what staff had, the recommendation that staff had received from the Highway District for a street under this type of use. That being a commercial or industrial use. The motion that was made by the Council was to approve this subdivision subject to staff recommendations. There was no amendment to our recommendations as we read the minutes. The Highway District recommended a 58 foot wide right of way for this type of use and the applicant is proposing a 50 foot wide right of way. We were simply making our recommendation based on the recommendation from the Highway District for a public road. This is being proposed as a private road. Morrow. Mr. Mayor, Gary, the 58 foot right of way as proposed by the Highway District is for a public road, is that what you are telling us? Smith: That is correct, a public road in a commercial industrial development. Morrow. Okay, then the back to back curb section would be? Smith: I think it is 41 feet. Morrow. My next question is we have done two, if memory serves me two private roads, one through Cherry Lane Meridian City Council* • January 6, 1998 Page 19 Smith: Well Ashford Greens No. 2 has some private roads in it. Morrow. Yes Ashford Greens, I recognize that those are residential and they are gated. What was the roadway right of way that we asked for there? Smith: I believe it was 42 feet of right of way. Morrow. And the back to back was something like 37 or something wasn't it? Smith: I think so Councilman, I don't recall for sure. I do know on one side the sidewalk was, well, I just don't recall. I know we had, there was a lot of discussion concerning parking because there wouldn't be any parking allowed on both sides of the street obviously and I am not sure that even one side was, we had sidewalk on one side. The Lake at Cherry Lane No. 6 and 7 both private roads, 42 foot right of ways and I believe the street back to back of curb was 37 feet with the 5 foot sidewalk on one side. So that puts the back of sidewalk on property line on one side and the back of curb on property line on the other side. Morrow. That is right if memory serves me. My question for Ms. Bowcutt is that these lots all have off street parking? Bowcutt: Yes, that is how they are planned. In our proposal originally we stated that we would put no parking signs along the roadway. They would have to be enforced by the lot owners because we went into a lengthy discussion that the City has no power to enforce private no parking signs. I believe our original intention was that if this were a public street they would ask for at least 58 foot of right of way with 41 foot section. It is based on the fact they do not look at the number of lots or consider the volumes, that is just the way the policy plan is written at ACHD. If it is commercial or industrial zone that is the standard. Our argument is the fact that there are only 6 relatively small lots. We felt that it wasn't appropriate to go with that full section. Mr. Hon's preference was to keep these private. These will meet standards for a local street and they are going to be constructed to ACHD standards in construction standards, base, asphalt, compaction, etc. Morrow. I have no other questions Mr. Mayor. Corrie: Mr. Bentley or Mr. Tolsma? Gary do you have any other questions that you want to bring up at this time? Smith: Mr. Mayor and Council members, the only thing that I might add is that this is a commercial subdivision as opposed to a residential subdivision so you can expect to have truck traffic within this culdesac street. We don't know what kind of trucks, they could range from the delivery type, Ida -Tran truck trailer or Yellow Freight that type of a delivery vehicle perhaps. I wouldn't expect any multiple trailer vehicles in there but you certainly could expect that type of a delivery vehicle to access the lots off of this Meridian City Council January 6, 1998 Page 20 culdesac street. The issue of parking on the streets, I can't address that because I don't know how that works. My thought is that enforcement by the lot owners may or may not happen, I don't know, I haven't experienced that. Most of the lots I am sure will have off street parking, parking areas in front of their buildings. I would assume employees would be directed to park in specified areas off the street but I don't know. That is all I have thank you. Corrie: Shari, anything else? Well this calls for a discussion, does the Council have anything they want to do with it other than having this discussion? Morrow. I think Mr. Mayor, as I read the motion to approve, the motion is somewhat ambiguous it does say "I would move we approve the final plat for Honor Park Subdivision No. 3 by William Hon subject to staff conditions and the additional condition within the development and including the CC&R's the provision be made to establish a sinking fund to fund the private roads as requested by the client on a regular amortized basis. And that their pure notification on the plat is a requirement of that so that everybody can be aware that there are special conditions that exist with those private roads". I think in my mind what that is basically or the intent there from my part was that it was an approval of the private roads and approval of those specs. I am sensitive to the points that Mr. Smith raises but on an issue of a private road even though it is a commercial development of which we have very stringent off street parking requirements and landscape requirements of each project that is brought to be built there. The parking issue on street truly is not a City matter, delivery trucks in that scenario would not also be a City matter, it would be a private matter within the subdivision. In many cases you might have co joining driveways that allow for turning and access in terms of how these projects are built out. So it seems to me that the discussion was is that we were approving the private roadways and by virtue of the private roadways I would think that we would be approving the specs. I think the guidance with respect to ACHD was to get a cross comparison to see if there wasn't a tremendous difference in what they were proposing and what ACHD requires. ACHD was requiring for a normal roadway width and obviously doesn't address private roads. I don't personally have a problem with the 50 foot right of way and 37 foot back to back. What that essentially leaves is two lanes and a tum lane. If you were figuring a foot for curb and gutter on each side and 11 '/z feet or thereabout for the traffic lanes. Corrie: Then you want to approve the non -development agreement as such? That is what this is about. I have it as Honor Park No. 3 Subdivision non -development agreement. Bowcutt: Discussion? Morrow: We don't have a non -development agreement. Bowcutt: No, it is still being reviewed by staff. Meridian City Council • January 6, 1998 Page 21 Corrie: Then my conversation with the City Attorney was a little bit wrong today then. Crookston: Apparently that was because the non -development agreement was put out with the documents with what you have been talking about. Morrow. The only thing we have in our packet is the letter from Ms. Bowcutt under Briggs Engineering heading and then we have a copy of three pages of minutes where we as a Council discussed this July 15th. I guess for point of discussion what is the answer to her question from Council? My answer is the private roads to those specs is fine. Corrie: Mr. Bentley? (Inaudible) Corrie: Okay Morrow. Do we need a motion to instruct the staff as such? Corrie: I would suggest that we do. Morrow. Mr. Mayor, I would move that we approve the private roads in Honor Park Subdivision No. 3 to be a 50 foot right of way with a 37 foot back to back street section. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: DISCUSSION OF WELL IN SALMON RAPIDS SUBDIVISION NO. 4: Corrie: Evidently they are wanting to turn the ownership of the pressurized irrigation system to the Nampa Meridian Irrigation District, comments from Council? Is there anybody that would like to come up and give us the run down on that one? McCall: Thank you Mr. Mayor and Council, Brian McCall attorney for the developer. The CC&R's for both Salmon Rapids and Los Alamitos as amended require the pressurized irrigation system be turned over to Nampa Meridian Irrigation district. We are in the process of negotiating the turn over with them, it turns into a negotiation because they are not necessarily willing to accept it. There were a couple of outstanding issues and we are not down to one issue. The Council may recall that the pressurized irrigation system for these two subdivisions started with ground water out of a well that was located on the Salmon Rapids property. That well provided a water right to the MERIDIAN CITY COUNCIL MEETING: JANUARY 6 1998 APPLICANT: ITEM NUMBER: 13� 14 - REQUEST: DISCUSSION OF HONOR PARK NO.3 SUBDIVISION AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS All Materials presented at public meetings shall become property of the City of Meridian. DEC -24-1997 09:17 FROM 0 December 23, 1997 Mr. will Berg City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 TO ENGINEERIlya BRIGGS i fN • i Re: Final Plat - Honor Park No. 3 Subdivision Dear Will: • 8874813 P.02 DECEIVED DE -C 2 y 1997 MY OF MERIDIAN This is a formal request to place Honor Park Subdivision No. 3 on the January 6, 1998 City'Council agenda as a discussion item. The final plat was discussed and approved by the City Council on July 15, 1997. However, the Council made no reference to the private road standards in thein motion. This has caused a problem concerning construction plan approval, and according to the staff requires Council review. Please call me if your have any, questions. Sincerely, BRIGGS ENGINEERING, Inc. Becky L. wcutt Land Use Planner BLB:fc 970113\c'ty�r ln�3 1111 4. l.JrcClard, Suite 600 - Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 TOTAL P.02 DEC 24 '97 09:21 PAGE.02 DEC -24-1997 09:17 FROM TO BRIGGS 8874813 P.01 FACRIMILE TRANSMITTAL TO �� d� COMPANY a§!:Y- A�- FAX; NO. - DATE l2%23 i NO. bF PAGES SENT (Including Transmittal) REFERENCE REMARKS REPLY REQUESTED COPY DEC 24 '97 09:21 ar (/�'&- 600 'DAN,*) a ,7 j FROM &W-ly BRIGGS ENGINEERING, INC. 1111 S. ORCHARD, SUITE 600 * 81RSE, ID. 83705 FAX NO.(208)345-2950 TELE NO.(208)344-9700 BEI PROJECT NO. u (2)8) 54•4--9700 7AX NO ;jos) 345'-2=�'1 1 PAGE. 01 Meridian City Council July 15, 1997 Page 15 MOTION CARRIED: All Yea ITEM #4: FINAL PLAT FOR CROSSROADS SUBDIVISION NO. 6, 37 LOTS BY RAMON AND MARILYN YORGASON: Corrie: As I mentioned there was a request by the senior project manager to table this until August 5th Morrow. Mr. Mayor, I move to table the application for final Plat for Crossroads Subdivision No. 6 by Ramon and Marilyn Yorgason to August 5, 1997. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to table to the August 5th meeting the final plat for Crossroads Subdivision No. 6, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT FOR HONOR PARK SUBDIVISION NO. 3, 23 LOTS BY WILLIAM HON: Corrie: Is Mr. Hon or a representative here tonight, Becky Bowcutt: Becky Bowcutt, Briggs Engineering, I am representing Mr. Hon on this project. We faxed over our responses to staff comments, Will did you receive those. Just to address a couple of things. I think we were in 'agreement, we did speak with Mr. Hon today and went over some of these issues. The only one of the problems we had was item 6 in note revisions. They asked us to change the word private road to private lane. The State code refers to public and private as roads not lanes. The Ada County Engineer's interpretation of the State code is you cannot put the word lane on a final plat. I think there are four references to changing private road to private lane. I addressed that in my responses. We have made the requested modifications -to the plat. Item 11, there is a discussion concerning the roadway widths, the improved width of 37 back to back 50 foot right of way. There is a discussion about ACHD and their standards for a commercial streets being a 58 foot road right of way with a 41 back to back. If you recall when we came through with preliminary plat we discussed this item in length, we were deferred. This was one of the items that we were told to meet with staff and try to come up with an acceptable standard. We did state that the construction of the road would be built to Ada County Highway District standards, that is the structural construction. The base, asphalt,. compaction and so forth will meet Ada County Highway District Standards. The reason that if you recall that we reduced the right of way width and roadway width was the fact that we had such a low number of lots and those culdesacs are very short. We did agreed that we would put no parking along there, we understand it is the responsibility of the lot owners to enforce the no parking Meridian City Council July 15, 1997 Page 16 along that roadway so that we do not have any congestion or emergency access problems. The third issue was adequate access over the sewer that was one of the items that we were deferred for also. We discussed that, Stan McHutchinson our engineer and myself did talk with Gary. I think Stan sent a letter dated July 18t of 1996 discussing how we could get access to those manholes. I think we came to an agreement that we would provide a compacted gravel surface that we would not have any landscaping, any parking over the top of that sewer main line. So that it could be accessed whenever the City needed it. We talked to Mr. Hon and agreed that there would be no fencing over that sewer main line either. So that easement if anyone needed say a secure site behind their building that they could go in and put their fencing along the edge of that easement. We also added that note on the plat referencing the foul balls from Story Park and that the lot owners understand that is going to happen and that they will not hold the City of Meridian liable in any shape or form in the event that a foul ball comes over and breaks a window on one of their company vehicles. Morrow: Becky, with respect to item #11, where we are talking about the private roads, what provision is made to fund replacement or repair of -that road? Bowcutt: That is in the covenants and I think we discussed that we would supply the City Attorney with a copy of those covenants for those lot owners. We have separated each street, those lots which abut or take access on one street are grouped as one entity. The other roadway those lots are grouped as another separate entity and there would be provisions in those covenants so that they would be responsible for future maintenance or any improvements required upon their street. We did that in the event that someone's street deteriorated say the street to the north that the lot owners to the south would not be responsible for maintenance of that roadway. Morrow. With other private roads our requirement has been that a sinking fund actually be established and contributed to on an annual basis by if you will an owners association so that at time of rebuild the funding is there for the rebuild to occur. Has that provision been made within your CC&R's? Bowcutt: I couldn't answer that question, I don't recall reading that provision. But I am sure that is something that can be included if that is the City's policy then obviously Mr. Hon would concur. Morrow. Well our policy with respect to private roads has been that they need to have some sort of mechanism so that they can be repaired as needed and rebuilt at point in time when they need to be rebuilt. At that juncture not have them try to be given to the public and have the public expense rebuild them. That is the line of thinking behind the funding. Bowcutt: They will also have the expense of their landscaping along Franklin Road. So there will have to be provisions for some monetary amount put away in a fund for Meridian City Council July 15, 1997 Page 17 maintenance, upkeep, etc. So the roadways, it is very feasible it could be included in that. Corrie: Thank you Becky, comments for staff? Rountree: Gary, Shari any comments? Any additions to the comments that were provided by fax? Did they address your issues? Stiles: They addressed my issues. Smith: They addressed my issues, Mayor and Council. Morrow. Do either one of your know the status of the CC&R's or the development agreement, were they in this process do we know? Stiles: The covenants were submitted with the preliminary plat application, however I do not know if Council has had an opportunity review them and make any comments. Morrow. Let me ask you this, within that document is there provision to fund the road repairs if private roads are granted as requested. Stiles: Specifically the private roads I do not believe so. Morrow. Mr. Mayor, I would move that we approve the final plat for Honor Park Subdivision No. 3 by William Hon subject to staff conditions and the additional condition that within the development and including the CC&R's a provision be made to establish a sinking fund to find the private roads as requested by the client on a regular amortized basis and that there appear notification on the plat there is a requirement of that so that everybody can be aware that there are special conditions that exist for those private roads. Rountree: Second Corrie: Motion made that we approve the final plat for Honor Park Subdivision No. 3 subject to staff and additional agreements with the CC&R and conditions as stated in the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR DAKOTA RIDGE SUBDIVISION BY MAX BOESIGER INC.: Corrie: At this time I will open the public hearing and invite the developer to start the program. RECEIVED AUG 13 1997 interoffice CITY0EN M E M O R A N D U M to: Shari Stiles, Will Berg, Wayne Crookston, Jr. cc: File from: Rick A. Clinton re: date: August 13, 1997 It has been represented to me by Stan McHutchison, P.E. that lots 17-28 will not be constructed at this time. I have advised him that a non -development agreement must be submitted and approved by Meridian City Council prior to development plan approval. It is our policy to require a secondary -year round source of water for pressurized irrigation systems when seasonal ditch water is the primary source. The development plans for this project include a cross connection to culinary water as the year round secondary source for the pressurized irrigation system. It is also our policy to require the developer to pay for water assessments on all common areas as well as the meter charges prior to the City engineers signature on the Final Plat. My concern is that the developer will request a deferral of assessments for the common areas, which are all located in the non-developed portion of this plat. There is a need for some type of a mechanism that we can implement to insure that the assessments are paid upon revocation of the non -development agreement at some point in the future. Perhaps it can be addressed in the non -development agreement. from the desk of... Rick A. Clinton Engineering Technician City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642-2600 (208) 881-2211 Fax: (208) 881-1291 MERIDIAN CITY COUNCIL MEETING: July 15,1997 APPLICANT: WILLIAM HON ITEM NUMBER; Jr REQUEST: FINAL PLAT FOR HONOR PARK SUBDIVISION NO. 3 23 LOTS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS W SEE ATTACHED COMMENTS u v,,,, G All Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS • HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer CITY OF MERIDIAN RONALD R. TOLSMA BRUCE D. STUART, Water Works Supt. G ENN R. B NTLEYEE JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public Works/Building Department (208) 887-2211 W.L. "BILLGORDON, Police Chief MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSROOKSTON, JR., Attorney KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor MEMORANDUM: July 14, 1997 To: Mayor and City Council From: Bruce Freckleton, 'neer Assistant to City En Shari Stiles, P&Z Administrator 9!l Re: HONOR PARK SUBDIVISION NO. 3 (Final Plat by William Hon) We have reviewed this submittal and offer the following comments, as conditions of the final plat These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Nampa & Meridian Irrigation District or the Owners Association. Submit an approval letter from the entity having jurisdiction over design and construction of the pressurized irrigation system. If the system is owned by the Owners' Association, construction plans and O&M Manual must be submitted for review and approval to the Meridian Public Works Department, as part of the development plan review process. Copies of the approved O&M Manual will be kept on file with the City of Meridian. A letter of credit, cash, or appropriate bonding will be required for these improvements prior to signature on the final plat. 4. Developer shall be responsible for the payment of assessment fees and meter costs associated with any single -point supplemental pressurized irrigation connection to the City of Meridian's municipal water system. Honor Park Sub. 3.FP Mayor and City Council July 14, 1997 Page 2 5. If possible, please address in written form all items contained in this memorandum, both General and Site Specific, and submit to the City Clerk's office before the July 15, 1997 meeting of the Meridian City Council. Prior to development plan approval, 3 copies of the revised plat must be reviewed by the Public Works Department for compliance with the conditions of plat approval. SITE SPECIFIC COMMENTS This final plat generally conforms to the approved preliminary plat. 2. Non-combustible, permanent perimeter fencing is required to be in place along the subdivision boundary prior to obtaining building permits, unless the City specifically waives this requirement in writing. A letter of credit, cash, or appropriate bonding will be required for these fence items prior to signature on the final plat. Depict, graphically or by note, ten -foot rear lot easements for public utilities, drainage and irrigation. 4. All street signs, road base, pressurized irrigation system, domestic water system (activated fire hydrants), and fencing are to be installed prior to obtaining building permits. 5. A detailed landscape plan for the common areas shall be submitted for approval. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. Landscape improvements along the Franklin Road frontage are to be constructed prior to occupancy of any building on Lots 24-28, Block 2 6. Add or revise the following note(s); (1) ... streets or private read lane. (2) ... streets or private read lane. (4) ... of the Re -subdivision. . (5) ...31-3805, or its provisions that apply to irrigation water. (8) ...is a private read lane ... 23, Block 2. seweF emff*. A blanket public utilities easement is hereby dedicated over Lot 20, Block 2. (9) ... is a private read lane... 16, Block 2. sewer- easenwm. A blanket public utilities easement is hereby dedicated over Lot 13, Block 2. (10) ... 28, Block 2. . Blanket public utility easements are hereby dedicated over Lots 29 thru 32, Block 2. (11) ... Meridian for oty-mases maintenance of the existing sewer main crossing said lots. Hom Park Sub. 3.FP Mayor and City Council July 14, 1997 Page 3 7. The Initial Point depicted on the face of the plat doesn't match the point referenced as the Initial Point in the Certificate of Owner's legal description. 8. Complete the dates above the signatures of the owners, and the acknowledgement of Roland L. Hon on page 2 of the plat. 9. The legal description contained in the Certificate of Owners doesn't appear to be correct. There are several extra calls toward the end of the description that don't seem to belong. Make corrections as necessary to follow the boundary depicted on the face of the plat. 10. Each lot shall be constructed with an on-site drainage retention system. 11. Applicant's representative previously stated that the private lanes would be constructed to ACHD standards. However, ACHD's staff report states: "ACHD does not make any assurances that the private road which is a part of this application will be accepted as a public road if such a request is made in the future. Substantial redesign and reconstruction costs will be necessary in order to qualify this road for public ownership and maintenance." Commercial streets require a 58 -foot -wide right-of-way (41' back-to-back) with a 62 -foot cul-de-sac radius (55' back-to-back). The Applicant's representative indicated that no parking signs would be installed along the narrower roadways. Enforcement of the no parking areas will be the responsibility of the developer and/or business owners' association. Staff recommends that ACHD's design criteria for these streets be followed, unless Council specifically approves otherwise. 12. To ensure adequate access to the sewer trunk line manholes, Developer shall install a gravel access road over the existing trunk line per Public Works Department specifications. 13. All lots adjacent to the park will undergo site plan review to ensure plans are compatible with the park. Hmm Parc Sub. 3.FP WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKI EL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney rHUB OF TREASURE VALLEY 0 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 8, 1997 TRANSMITTAL DATE: 6/25/97 HEARING DATE: 7/15 /97 REQUEST: Final Plat for Honor Park Subdivision No. 3 BY: William Hon LOCATION OF PROPERTY OR PROJECT: South of Franklin Road. West of Stratford Drive JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z RON MANNING, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P2 ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT _CHARLIE ROUNTREE, C/C _WALT MORROW, C/C _GLENN BENTLEY, C/C _WATER DEPARTMENT _SEWER DEPARTMENT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF REC N(PRELIM & FINAL PLAT) CITY FILES _BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY OTHER: 1,4— YOUR CONCISE RE CITY ENGINEER CITY PLANNER 1XECEIVED J U L - 11997 CITY OF MERIDIAN OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer G4.RY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKI EL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA C _BYRON SMITH, P/Z GLENN R. BENTLEYEE 33 EAST IDAHO CEIV CENTRAL DISTRICT HEALTH RE ED MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 JIM JOHNSON. Chairman MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 KEITH BORUP —WALT MORROW, C/C RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 8, 1997 TRANSMITTAL DATE: 6/25/97 HEARING DATE: 7/15 /97 REQUEST: Final Plat for Honor Park Subdivision No. 3 BY: William Hon LOCATION OF PROPERTY OR PROJECT: South of Franklin Road. West of Stratford Drive JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) RON MANNING, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION _KEITH BORUP, P/Z CEIV CENTRAL DISTRICT HEALTH RE ED _ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT _RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT i U N 2 6 10Q7 _CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLA —WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) CITM MERIDIAN _GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) _WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) _SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES FIRE DEPARTMENT OTHER: (9 YOUR CONCISE REMARKS: _POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER .5 ZO CITY PLANNER .'c.r w ; cc.. Ivo � , �-�•.e 41 0 SUBDIVISION EVALUATION SHEET Proposed Development Name HONOR PARK NO. 3 CitvMeridian Date Reviewed 07/03/97 Preliminary Stage Final XXX Engineer/Developer Briggs Engr. / W.A.Hon The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat: "E FRANKLIN ROAD" "S STRATFORD DRIVE" The following proposed street names are approved and shall appear on the plat: "E. SCHILLER LANE" "E SCENERY LANE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE , NCYREBRE ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date / Ada Planning Assoc. Ann Hurley Date �' 1 City of Meridian Representative Date Fire District Meridian Representative Date — 3_ / NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !I!! Subindex Street Index 3N 1 E 18 Section NUMBERING OF LOTS AND BLOCKS 0 T,zz Al TR\SUBS\SM CITY.FRM CENTRAL CENTKAL DISTRICT HEALTH DEPARMENT •• DISTRICT Environmental Health Division �R HEALTHE��' VES o to: DEPARTMENT '1111 0 1 1997 ❑ Eagle Rezone # CITY OF MR![) N ❑ Garden city Conditional Use .Meridian Kuna Preliminary Fina Short Plat Nott /�i?1^/C �c�q/ididlo..� 3 ❑ ACZ lVi/1I,;N 1740AI ❑ I. We have No Objections to this Proposal. ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ solid lava from original grade ❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ❑ 2 feet ❑ 4 feet ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ,® 8. After written approval from appropriate entities are submitted, we can approve this proposal for: .[S central sewage ❑ community sewage system ❑ community water well ❑ interim sewage central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ,IS central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines 4a central water 10. Street Runoff is not to create a mosquito breeding problem. ❑ 11. Stormwater disposal systems shall be reviewed by relative to: ❑ Waste Disposal ❑ Injection Well rules. ❑ Groundwater Protection low ❑ 13. ❑ 14. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ beverage establishment ❑ grocery store 4 ,> 4 ❑ child care center 4 91, A [DHD 10/91 rd, rev. 1/9S 1 July 1997 City of Meridian 33 East Idaho Meridian, ID 83642 a J U L 1 1 1997 CITY OF MERIDIAN % Z). 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 RE: Final Plat for Honor Park Subdivision No. 3 - William Hon Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 The Nampa & Meridian Irrigation District's Nine Mile Drain courses through the project. The right-of-way of the Nine Mile Drain is 60feet; 30feetfrom the center each way. The District's Hunter Lateral also courses through the project. The right-of-way of the Hunter Lateral is 40 feet; 20 feet from the center each way. See Idaho Code 42 -1208 --RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at either 466-0663 or 345-2431 for approval before any encroachment or change of right-of-way occurs. The Nampa & Meridian Irrigation District requires a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Contact Donna Moore at 343-1884 or 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerelyh ohn P. Anderson, Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT JPA: dln CC., File - Shop File - Office Asst. Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 , 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 8 July 1997 Phones: Area Code 208 OFFICE: Nampa 466-7861 _ Stan McHutchison Boise 343-1884 Briggs Engineering, Inc. SHOP: Nampa 466-0663 1111 South Orchard, Suite 600 Boise 345-2431 Boise, ID 83705 RE: Land Use Change Application for Honor Park No. 3 Dear Mr. McHutchison: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above - referenced development. If you have any questions concerning this matter please feel free to call on me at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, Donna N. Moore, Assistant Secretary/Treasurer dnm cc: File Water Superintendent William A. Hon William E. Norris Roland L. Hon City of Meridian 1#14-1t0MI APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 JUL-15-1997 15:09 FROM i July 14, 1997 Mr. Will Berg City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 TO �NGI EER/�yG CBRIGPS rN � Re: Honor Park No. 3 (Final Plat) Dear Will: • 8874813 P.02 RECEIVED J U L 15 1997 CM OF MERIDIAN The following responses address the comments made by City staff and received on July 14, 1997. General Comments: 1. A delivery ditch traverses the subject property and exits the northwest corner. The developer will pipe this facility in accordance with the requirements of the City of Meridian. 2. No existing septic or wells reside on the property. 3. The pressurized irrigation system for Honor Park N6. 3 will be constructed to Nampa Meridian Irrigation District Standards and will be owned and maintained by NMID. 4. Understood. Site Specific Comments: 1. OK 2. An existing 8 -foot chainlink fence is located along a portion of the west boundary of the subject property. The developer will construct fencing where necessary along the perimeter. i 3. Revised. 4. Understood. 1 5. A landscape plan and bond will be provided prior to signature on the fmal plat. I 6. (1, 2, 8 & 9) The Idaho State Code specifies public anis private roads be delineated on the fmal plat. The Ada County Engineer will not allow the word "lane" to reference a private road based upon his interpretation of the State Code. 9701131cirymer-ltr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 o (208) 3449700 Fax# (208) 345-2950 JUL 15 '97 16:12 PAGE. 02 JUL-15-199? 15:10 FROM TO 88?4813 P.03 BRIGGS ENGINEERING, INC. 1111 S. Orchard, suite 600 • Boise, Idaho 83706 • (208) 345-2881 FAX # (208) 345-2950 All note revisions (1, 2, 4, 5, 8, 9,10 & 11) have been made with the exception of modifying the word street to state lane. See revised final plat. 7. Initial Point revised to match face of plat. 8. We will complete the signature dates on back of plat. 9. Legal description revised to match face of plat. 10. Understood. U. The reduced right-of-way and street section on the two private roads was discussed in depth during the preliminary plat hearing. The 50 -foot right-of-way and 37 -foot section with a 52 - foot cul-de-sac was agreed upon as adequate to handle the trips generated by the limited number of lots. The applicant stated the streets structural design would be in compliance with ACHD's standards, however, the width would be reduced. 12. Developer will construct a gravel access over the existing trunk line to provide access to manholes. 13. Understood. Sincerely, BRI4ENGYINEERJNG, Inc. Be;k t Land Use P1alaner. 970113\ciW=r-Iv TOTAL P.03 JUL 15 '97 16:12 PAGE.03 JUL-15-1997 15:09 FROM 0 TO BRIGGS 8874813 P.01 FAT�I�^ILE T�af�T�`11TTA� Td w COMPANY ,.. 1=Ax N0. Y -k7- M13 DATE /f/2 7 NOI OF PAGES SENT (Including Transmittal) REFERENCE REMARKS i i i 1 I 1 1 j REPLY REQUESTED i i BRIGGS ENGINEERING, INC. 1111 S. ORCHARD, SUITE 600 * BOISE. ID. 83705 FAX N0:(208)345--2950 TELE NO.(208)344-9700 BEI PROJECT NO. ORCHARD, SUITE 600 * BOISE, IDAHO 83705 * (208) 344-9700 FAX NO (208) 345-2950 '97 16:11 PAGE. 01 IRREVOCABLE STANDBY LETTER OF CREDIT Mar ci 2, 1999 ISLC N,-.. 10 Ex. -in Ua±e: March 2, 2` UO - Beneficiary: Applicant: City of "VIC rdian Wiiiam A. Hc•n 33 E. Idaho P.O. Box 828 Meridian, lD $3642 Boise, ID 33701 Gentlemen: We hereby establish our Irrevocable Standby Letter of Credit in your favor for the account of The IC:t7i of Meridian to the extent of Sixty Two Thousand Four Hundred E ighty Three Dollars and 21/100 U.S. ($62,453.21). Drafts are payable at sight when presented to First Bank of Idaho and must bear Project Honor Park #3. Drafts drawn under this credit are available by.your draft(s) drawn at sight accompanied by the following documents: - The original of this Letter of Credit for Endorsement. It is a condition of this Letter of Credit that it shall not automatically extended. Drafts drawn under this credit must bear the following clause: "Drawn under First Bank of Idaho, Letter of Credit No. 10 dated March 2, 1999," and the amount of each draft must be endorsed hereon. Unless otherwise expressly stated, this credit is subject to the Uniform Customs and Practice :or Documentary Credits (1993 Revision), International Chamber of Commerce, Brochure No. 500 or by subsequent Uniform Customs and Practice fixed by subsequent Congresses of the International Chamber of Commerce. We hereby engage with the drawers, endorsers and holders in due course of drafts under and in compliance with arms of this credit that such draft(s) wilt be duly honored on presentation to the drawee bank. All 'bailk charges other than those for First Bank of Idaho if any are for the beneficiary. Si cerely, Kelly . GI n Vice President Authorized Signer 100 SECOND STREET EAST, PO 3239 KETCHUM, IDAHO 83340 PHONE 208.725.0330 FAX 208.725.0388 CITY OF MERIDIAN PLANNING & ZONING DEPARTMENT LETTER OF TRANSMITTAL March 25, 1999 To: Will Berg RKEIvED City Clerk MAR 2 6 1999 From: Steve Siddoway CITY OF MERIDIAN Planning & Zoning Subject: Honor Park Subdivision #3 Landscape Plan Remarks: I have reviewed the landscape plan for Honor Park Subdivision #3. The plan is sufficient to meet the requirements imposed as a condition of approval for the final plat, and meets current ordinance requirements. Therefore, we recommend approval of the final plat and acknowledge that landscape plan condition has been met. Copy to: File Signed w 200 E. Carlton, Ste. 201 Meridian, Idaho 83642 (208) 884-5533 Fax(208)887-1297 CITY" OF MERIDIAN PUBLIC WORDS DEPARTMENT LETTER OF TRANSMITTAL March 25, 1999 To: William G. Berg, Jr. FWF-wED City Clerk City Hall MAR 2 5 1999 Meridian, Idaho CITY OF 12ERIDIAN From: Gary D. Smith, P.E. Subject: Honor Park Subdivision No.3 - Final Plat Enclosed are the followin Remarks; Will: I have reviewed this plat mylar and find that it conforms to the requirements of the Public Works Department. In that regard, I have signed and dated the plat in the appropriate place on sheet no.2. Stan did not submit any substantiating bids for the sprinkler/landscaping of this project. He does say, at the bottom of his transmittal, that the prices he has used are from bids he has received for other projects that are less than one year old. Also, there were no bids to substantiate the sewer line maintenance road or the fencing. Shari is reviewing the landscape plan. I don't believe she has approved it yet. This developer is in a big hurry with a builder having plans ready for submittal for a building permit the minute the plat is recorded. I think this is all the information that I have. If you need anything else give me a call. Becky Bowcutt is taking calls for Stan on this project as he had a knee replaced last week and isn't back to work yet. 1800 West Overland Road Boise, Idaho 83705 Voice (208) 344-9700 Fax (208) 345-2950 E -Mail BEldaho(cD.csi.com Transmittal To: Gary Smith / Shari Stiles Fronc Stan MCHUtchison cc: Bill Hon 343-7515 Data; 03/03/99 Re: Honor Park #3-970113 SBriggs Engineering, Inc. Enclosed is Irrevocabe letter of Credit # ISLC No. 10 for Honor Park #3 for $62483.21 and a check for the irrtigation assessment. Following are the calculations I used to determine the letter of credit and check amounts. 1. Irrigation system �d Ak LE"$36,100.00 2. Sewer maintenance road $3534.50 3. Street light (2A$1500.00) --- $3000.00 4. Fence (520 x.$8.00) $4160 .00 5. Landscaping: t� a. Sprinkler installation 21448 square feet @$0.30=$6434.40 b. Hydroseeding 2144$ square feet @$0.0525=$1126.02 c. Trees: 1) 6' Ponderosa Pine 6@$145.00=$870.00 2) 6'Serbian Spruce 6@$11 0.00=$660.00 3) 6' Vanderwolf Pine 6(cD-$153.00=$918.00 NTotal $56802.92 X 1.1=$62483.21 W ' e imga assessment for a single point connection is 21447.53 square feet @ $704.00/5450 sf $2770.47. (1) The prices for landscaping are from bids for similar projects that are less than a year old. 0 Page 1 3LA -i1-199 12:50 F" To 4657090 P-01 How Pe.h No. 3 SgbdW sicm SYMM - emwa+fiort. ehv and ftvin 02 "IT DM@d Tftj d&y , lass TO' VYWam a Hon 3010 W_ suit Street Suite 101 Boise, Idaho 83703 The undersigned hereby am* OW qtly t M@ Pett *U* 4X muted Use k cOWM 1Or the Protect, Honor Perk No 3 Subdvisian, and have meed wW trrrdMtMwW qt! PMnt&, SWMcdxm old CuMno t Documents gmming the w+xk embraced in this improvrrnsnt and to rtod od by which payment *9 be made for said work and hereby propow to undertake and ccmpkAs the work errt w000d In tt;'de Ptgset in •eootdanaa w*h said Plans, Spec ificabom and C(mb act and at the kAkming schedule of fWa3s Old Pf%W (Note- Unit prises for ei nettle, WftrW M wtd WW Art' OLA of bid Muth be shOWn Show Unit pr'CeS n both words and fjgL s. If oCj RC t cogUm. lata written or tyW words " Prevail. Iterns Of work not ks%d M OW gq Sch"uae br W Mrd era evneidaqd to be VK*JRnW hart -s, and the costs to be irtdtrded under otl'ter Um of work listed an Me title Schedule.) BID SCHEDULE Bid — Unit ttem Approx. iiEM VM MIT PRIGED SID Price Amount No Quantity (Unit Prioes la in Wi ton in Vftft) $ $ $ ►A�`# g 1`t �i 1. i,839 U b SY G►mad�INA! om Cants 2 1.$39 Run Qrqpml Co"VVC t C,!LCS=PIt 3. 1,839 4" Comm 3WC u*wd Gmwel. Gompaaled 00AWS a +t 1'em "Not Mbt . In S.Y. 5. Sul Prepare gravo betas for curb, quar and situ *WK L i". ktCl itt0 �� idloIck• n and dmCM plbm Donors ceft t.�� $ 6. 1020 Pfepam gt " bow for sldPwA on Fradldin Rd, t..F. lndudirg ErrcwYoWn, Corr"thon. QevO, and 6 See SP -1 ears Calls s g ! x 7`1.7 3 _ 970113ksts-txra-r-nt 31�]1--1� 12=50 F�1 r. 2 Each g. T Each 8. 300 S.Y. 10. 1320 L.F. A% $-.5 5 C) T s�37-•X2 y!; 34 0 " Total M PACO W MlWe all Pem t am tutee, mourner sass and u0m simlw WIN mquued by taW in the MW wr*rs the worts is pwtmmd The Owner resenies the right lo MO"anY or aft proposals a 10 accept the Prop�ideemed to be m the test inlarest of thQ The Bid Prices written he+ein Oseilf be vaid 1br 5dq (9Q) cOwdor daY s from date of bld ppenmg The Bidder aCkndlMea9ts that helah� We exaerikwd oopss oR SM the gldding DoCun�rents and of the Muouwrng Addends (receipt of alt which is hereby adsn 0 - ash ,ter f+larrseS and addresses of suboon47=rs b wt+om wottc WU be swanded N the UrKW> Uned IS awarded the Contract are as kk ws: i 910113WM-e=&4;nt 4 465?69B P.0 "-11-19%12 50 FROM TO NOTES_ 1. It the Bidder is It cDiWb . so Sb'W, Olvhg Mm norm under which business Is transacted. if the Bidder is a cwPOMWn. Wn PMMSM must be executed by tts duty authorized offlc1319 3. Bid prepoesis shah be in ttMleO WNebp#s or bldeM. rubrrlltlmd &06 ply marked to BRIGGS ENGINEERING. Inc. Said MOPoeidi wit be OPOnOd M pM+ft Mm We re ipt of Siris from a majonty of ttw Selected BkkWs 4. The selected CO**C•bW it COMCWd to bOO n *MWUOf*n w4hin fire(6) days atter earl, notification of Notice to Proceed 9701 f 3NOS-exca!rcnt 5 w iLt -11-1998 12=51 FROM STATE OF IDAHO ) )ss County of ) To 4657090 N,04 O ttu4 (P day of 1968, bola- n1f, the undet3WMd, Pcrsona"Y aPpe u"1 -Iry kNe% known 10 we tiD be the person VAWW narm is SubSCubed to r11a to duly *Wm, did and Sey that f m iy the within he brciculdd the fp�� instrument on behalf of said Anti . ind that iw' the use tmd Pumotm two thetyain- IN WITNESS VNHEREOF, I ho" jW ffq twnd WW aNhaed mY ~ teal the day and Yew Al ftms cerbfcate first shove watten. W Notary Public tax Maho h — My ComnWsion Expires 970113L4tS-eXCd-Lnt 0 BRIGGS ENGINEERING, Inc, 1800 West Overland Road ENGINEERS / PLANNERS /SURVEYORS Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com June 30, 1999 Mr. Will Berg City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Honor Park No. 3A Subdivision Dear Will: RECEIVED JUN 3 0 1999 City of Meridian City Clerk Office Please consider this as a formal request to relinquish the active non -development agreement for the Honor Park No. 3A Subdivision. Enclosed please find the construction plans for the remainder of Honor Park property and a copy of the final plat (recorded). Please note that the street, sewer, water and storm drainage improvements were completed in 1998 for Lots 10 through 16. This request is to release a non -development agreement and to approve the construction of the: utility improvements for Lots 17 through 32. The developer of this subdivision is William A. Hon, his phone number is 343-7514. However, don't hesitate to call me if you have any questions or need additional information. Sincerely, BRIGGS ENGINEERING, Inc. <5j, tf Stan McHutchison, P. E. SLM:fc Enclosures: 1. Construction plans (1 set) 2. Final Plat, as recorded (1 copy) cc: Bill Hon w/ enclosures 990406\citymer-ltr ocz-06-99 11:0Z ENGNEE BRIGGS...' __174C C.. ,kpri l 20- 1908 Nils, Shari Stiles City ut' Meridian i F. Idaho Avenue Meridian. Idaho 83642 Re: Honor Park No. i Subdivision — Non -Development .Agreement I )ear Shari: inclosed li)r processing is a copy of the non -development acrcentent for I lonor Park No, 3 Subdivision. Please schedule this agreement for Council action as soon as possible. This is the same agreement we submitted to your office on December 30. 1997 I'Or your review and conlnlent. But since the Public Works Department will not approve the construction plans unril Council upproves the non -development agreement, it is vcry vital that Council approves the non - development agreement as soon as possible. '1"o,IvOid any delays. 1 ani lending a copy of this letter and al;rcemcnl 10 both Will I_iero and Rick Clinton, Plensc call me if vour have any questions. "'necrcly. BRIOCTS FNGINLURIN6. inc. 5�— '-)tan McHuTchison. P.F. Si.M:Ic I%nelosurc: Non-Dcvclopmem Agreement cc: Will Berg, w/enclosure Rick C'lintutl wrenclosure Rill Hon Beckv Bowcutt Gary Smith wlenclosure 0701 I.i�,C�l� mar-Ilr' " 1 1 t C nrr`harri OCT 06 '99 09:38 P.03 Si,ite 600 - Boise, Idaho 83705 - (208) 344-9700 F"ax# (208) 345-2950 PAGE. 03 OCZ - 05 - 99 11:0z NON -DEVELOPMENT AGREEMENT Fhis Non- Development Agreement ("Agreement") is made and entered into this day of 1998. by and between _William A. Hon, Roland L. T1on &c William F. Norris whose address is 3010 W State Street Suite lot. Boise, Idaho 837031 (hereinafter referred to as "Developer" and City of Meridian, a municipality of the State or Idaho (hereinafter referred to as "City..). WHEREAS. Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as Honor Park Subdivision No. 3 located in Ada County, Idaho. (hereinafter the "Subdivision"), a more particular description of which is attached hereto as Exhibit A: and WHLRFAS. Developer desires to record the final plat of the said Subdivision. and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed f .ots 17 through 32. Block 2 (hereinafter -the undeveloped Lots") in the said Subdivision, NOW. THERETORF, in consideration uf"the mutual cuvenants and agreements contained herein, the parties of this agreement agree as follows: Developer shall not sell any of the undeveloped lots in the said Subdivision during the term or Lhis Agreement unless this Agreement is first terminated or modiiicd by the parties so as to permit the sale of the said lots, or some of them. upon such terms and conditions as may be agreed upon. 2. Developer shall not install or permit to be installed any improvements Lor the undeveloped lots in the said Subdivision, including, but not limited to, street. newer, water. imgution and other utility and lot improvements (hereinafter "IrnprOvemems") without the prior written NON -DEVELOPMENT AGREEMENT c:\projects\970113\nondev1p.agr OCT 06 199 09:3e Page 1 PAGE. 04 P.04 Oclt-06-99 11:02 consent of the City. Al such time as Developer desires to install any of the said improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install Together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said improvements to he installed on such conditions as the City may reasonably require including, but not necessarily limited to the rcquiretnent that Developer deliver to the City an irrevocable letter of credit or gash deposit and surety agreement in an amount sufficient to secure the Developers full and adcquatc performance upon the installation of Such stated Improvements in accordance with the detailed description of the improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be perlurrrted in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that the purposes of this Agreement the status of'tlzc undeveloped tuts ill rhe said Subdivision will be as though the final plat thereof had not been filed and recorded. it is Further understood and agrccd that except as specifically contained herein, this .Agreement is not intended to nor does it have the effect of altering any previous appruvals, conditions or requirements pertaining to the said Suhdivisiun. i.Developer acknowledges that this Agreement will be recorded in the oflice of thz Ada County. Idaho Recorder in order to provide public notice to prospective purchasers of the ternporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as NOWDEVELOPMENT AGREEMENT, Page 2. C:\pr0jeCts\g70113\nondev1p.agr OCT 06 '99 09:39 PAGE. 05 P.05 Oct -06-99 11:0Z Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof. this Agreement shall tenrinate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one-year from the ciao of execution hereol: unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one-year from the date thereof to complete the installation of the said Improvements. In the event this Agreement cines terminate by reason of the failure of the Developer to commence and complete the installation of the Improvements as set forth herein. approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of. and be binding upon. the heirs. executors. administrators, assignees. and successors of the respective parties hereto. S. Fach of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON -DEVELOPMENT AGREEMENT, Page 3 c:lprojects\970113\nondevlp.agr OCT 06 '99 09=39 PAGE. 06 P_05 OC't-06-99 11:0Z IN WTTNESS WITFRFOR the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: William A. Hun Roland L. I Ion William A. Norris STATE OF CALIFORNIA ) S County of Merced ) On this day of ,^1() belinc inc. a Notary Public in and for said State. personally appearedWilliam A. I lrn1 individual known ur identified to me to he the person whose name is subscribed to the foregoing instrument, and acknowlcdoed to me that he executed the same. 1N WI"rNFSS WHEREOF, I have hereunto set my hand and affixed my orflcial .eal, the daL and vear in this certificate; first above written. Notary Public for the State of Residing at _ My Commission Fxpires: (SF,AL) STATE OI" (CALIFORNIA ) County ol'Merced ) On this _ day of 19 before me. a Notary Public in and for said Stute, personally appeared _ Roland L. Hon individual known or identified to mr to be the person whose name is subscribed to the loregoing instrument, and acknowledged to me that he NON -DEVELOPMENT AGREEMENT, Page 4 c; \projects\970113\nondevlp. ag r OCT 06 199 09:39 PAGE. 07 P.07 ocz-06-99 11:03 executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed nay official seal. the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE O CALIFORNIA ) County of Merced ) Un this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Nom*s—. individual known or identified to me to he the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNF,SS WHEREOF, I have hereunto sct my hand and affixed my official seal. the day and year in this certificate first above written. Notary Public for the State of Residing at _ My Commission Expires' (SEAL) CITY: CITY Uh MERIDIAN Robert Corrie. Mayor ATTEST: William G. Berg, Jr., City Clerk NON -DEVELOPMENT AGREEMENT, Page S c \projects\970113\nondevlp.agr OCT 06 199 09:39 PAGE. 08 P.08 ocx-05-99 STATE 01: IDAHO) ) S.S. COUNTY OF ADA) CITY O MERIDIAN On this day of , 19 , before me. the undersigned Notary Public in and for said State, personally appeared Robert D. Corrie , known or identified to me to be the Mayor of the City oil' Meridian, the municipality that executed the within instrument. or the person who executed the instrument in behalf of said municipality. and acknowledged to me that such municipality executed the same. IN WITNESS WHERF.01F, I have hereunto sct my hand and affixed my official seal, the day and year in this certilicate first above written. Notary Public of the State of Idaho (SFAI,) Residing at Boise, Idaho My Commission Expires: NON -DEVELOPMENT AGREEMENT. Page G c:lprojects\970113\nondev1p.agr OCT 06 '99 09=40 PAGE. 09 of MERIDIAN CITY RECORDED - REQUEIST 8f ADA COUNTY RECORDS PAC, u. DAYIO NAVARRO n2t^ f7 EEE DEPU NON—DEVr.'PkVIENT AGREEMENT 1999 SP -2 Pik 1s 34 99088535 This Non- Development Agreement ("Agreement") is made and entered into thislday of Q 4 1998, by and between William A. Hon, Roland L. Hon & William E. Norris , whose address is 3010 W. State Street, Suite 101 Boise Idaho 83703 (hereinafter referred to as "Developer" and City of Meridian, a municipality of the State of Idaho (hereinafter referred to as WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as Honor Park Subdivision No. 3 located in Ada County, Idaho, (hereinafter the "Subdivision"), a more particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 17 through 32, Block 2 (hereinafter "the undeveloped Lots") in the said Subdivision, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: Developer shall not sell any of the undeveloped lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon. 2. Developer shall not install or permit to be installed any improvements for the undeveloped lots in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written NON -DEVELOPMENT AGREEMENT, Page 1 c:\projects\970113\nondevip.agr consent of the City. 3. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that the purposes of this Agreement the status of the undeveloped lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. 5. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as NON -DEVELOPMENT AGREEMENT, Page 2 c:\projects\970113\nondevlp. agr Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one-year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one-year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete the installation of the Improvements as set forth herein, approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 8. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON -DEVELOPMENT AGREEMENT, Page 3 c:\projects\970113\nondev1p.agr IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: r--) ld-d William A. Hon CITY: Cki Y 'OF_MERIDIAN ''"""�ert Co rie, Mayor ATTEST: z�`.� ofrrrri'{J G �GpRF�gTFO � f -r SEAL illiam G. Berg, Jr., Ci Cl � ,moo STATE OF IDAHO '-�94 �T iso • ��`�` § %.,F Dill Y • ����'`�� County of Ada ) /,'II"" On this day of - 19 �q before me, a Notary Public in and for said State, personally appeared Will' m A. Hon , individual known or identified to me to be the person whose name is subscribed to the foregoing 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. Notary Public for the State of . Residing at _ IleMy Commission Expires: $�a®10D 'J'�, 'SV NON -DEVELOPMENT AGREEMENT, Page 4 c:\projects\970113\nondevlp.agr STATE OF IDAHO) ) S.S. COUNTY OF ADA) CITY OF MERIDIAN On this Z day of , 199q , before me, the undersigned Notary Public in and for said State, personally appeared Robert D. Corrie , known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. NON -DEVELOPMENT AGREEMENT, Page 5 c:\projects\970113\nondev1p.agr Notary(Tublic of the State of Idaho Residing at Boise, Idaho My Commission Expires:JL"s a ooa CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 8884218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 rL}' CITY OF RSL 0 I'll IDAHO 5 / g �R 14 TREASURE BEY SINCE 7903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS May 3, 2006 , Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle Mr. Pat Tealey Tealey's Land Surveying 2501 Bogus Basin Road CITY DEPARTMENTS Boise, Idaho 83702 City Attorney/FIR is 17, & 21-26, 703 Main Street 898-5506 (City Attorney) RE: Block 2, Honor Park Subdivision No. 3) 898-5503 (HR) Fax 884-8723 Dear Mr. Tealey: Fire 540 E. Franklin Road I find that your request for a property boundary adjustment on the property 888-1234 / fax 895-0390 referenced above complies with Unified Development Code (UDC) 11-6B-8. I am granting approval of the property boundary adjustment as requested by the applicant Parks & Recreation 11 W. Bower Street subject to completion of the following conditions per UDC 11 -6B -8C2: 888-3579/fax 898-5501 a. Cause the property to be surveyed and a record of survey recorded; Planning 660 E. Watertower Lane Suite 202 b. Execute and record the necessary deeds to accomplish the property 884-5533 / fax 888-6844 boundary adjustments as approved; Police 1401 E. Watertower Lane c. Obtain new tax parcel numbers from the Ada County Assessor, and; 888-6678/fax 846-7366 Public Works d. Provide copies of the recorded record of survey, recorded deeds, and the 660 E. Watertower Lane new tax parcel numbers to the Director. Suite 200 898-5500 / fax 895-9551 The applicant or owner has one year to complete the above conditions of approval. - Building Upon completion of these items the application shall be deemed approved. 660 E. Watertower Lane Suite 150 If you should have any questions regarding this matter, please don't hesitate to call 887-2211 / fax 887-1297 Sonya Watters at 884-5533. - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 Sincere - Water 2235 N.W. 8th Street Anna chers Canning, AI 888-5242 /fax 884-1159 Planning Director cc: Len Grady, City Engineer CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK- FAX 8884218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 0 ry clw ID, I of Review all ❑ Accessory Use r ❑ Alternative Compliance ❑ Certificate of Zoning Compliance ❑ Conditional Use Permit Minor Modification ❑ Design Review Property Boundary Adjustment ff Short Plat ❑ Temporary Use Certificate of Zoning Compliance ❑ Time Extension (Director) ❑ Vacation ❑ Other Information f�T79 cvtibt - k Planning Department TIVE REVIEW APPLICATION Applicant name: _Oub_x� k _ S2 i i �6U Phone: 1480- 505�'5�01/� e9,--,• q z s Z Applicant address: SsgS TC. kk[Jli(-i-`pt'd b1', r)OOp , AS g6Z'r'r Applicant's interest in _property: 1 Own ❑ Rent ❑ (Optioned ❑ Other Owner name: �C`c 1 �1nc��h �1(��� 1 (\SC`pl. Q Phone: Owner address: 'q5 �-i'Q : -�� �� , Ali 1 j SGb ' �GZSp Z g o Agent name (e.g., architect, engineer, developer, representative): Firm name:S � r 1a Slh_�1 L),P—L , P one: A 9 -0(03 Address: Zip: g3'7�a Primary contact is- ❑ Applicant ❑ Owner I KAgent ❑ Other Contact name: DPhone: a � __0(0 E-mail: Fax: Subject Property Information Location/street address: AS yZSZ p — Assessor's parcel number(s): fZ-37:tb10 901JO TL3?ab loci b &l o Z 3� 2o(a°ID� �o� �e'tOlo90)�O s�o/3o� Township, range, ection:T3A1' a (1c' Total acreage: %. Z / R372°fo9oo$e Current land use: LMNKQN&- GJ Current zoning district: 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancitv.org 1 Project No.: 2979 Date: March 24, 2006 TEALETS LAND SURVEYING 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR PARCEL "D" A parcel of land being a portion of Lot 17 and Lot 21 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho, lying in the NW 1/4 of Section 18, T.3N., R 1E., B.M., City of Meridian, Ada County, Idaho as shown on Record of Survey No. Recorded as Instrument No. in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northwest corner of Lot 26, Block 2 of said Honor Park Subdivision No. 3; Thence along the West boundary line of said Lot 26, South 00°39'36" East 218.68 feet to an iron pin marking the Southwest corner of said Lot 26; Thence along the South boundary line of said Lot 26, North 89°31'22" East 227.00 feet to an iron pin marking the Northwest comer of Lot 21, Block 2 of said Honor Park Subdivision No. 3 and a point on the West boundary of said Honor Park Subdivision No. 3; Thence along said West boundary South 00°40'02" West 211.56 feet to a point on said West boundary and the POINT OF BEGINNING; thence South 89050'44" East 193.47 feet to an iron pin; Thence South 46°02'44" East 24.99 feet to an iron pin marking a point on a curve to the left; Thence along said curve to the left having a radius of 52.00 feet, a central angle of 16°20'44", a length of 14.83 feet and a long chord that bears South 31056'39" West 14.78 feet to an iron pin marking a point on a curve to the right; Thence along said curve to the right having a radius of 52.00 feet, a central angle of 92°12'55", a length of 83.69 feet and a long chord that bears South 22020'11" East 74.95 feet to an iron pin; Thence South 21°33'27" West 226.78 feet to an iron pin; Thence North 68°26'33" West 56.18 feet to an iron pin; Thence North 89032'02" West 99.90 feet to an iron pin lying on said West boundary of said Honor Park Subdivision No. 3; Thence along said West boundary North 00°40'02" East 260.45 feet to an iron pin on said West boundary; Thence _ _cont_inuing along said West boundary North 00°40'02`East 28.75 feet to an iron pin marking the POINT OF BEG EIC ,4ti1. .AND Said Parcel contains 1.34 acres more or less. 3 0`4347 TEALETS LAND SURVEYING Project No.: 2979 Date: March 24, 2006 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR PARCEL "E" A parcel of land being a portion of Lot 21 and Lot 22 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho, lying in the NW 1/4 of Section 18, T. 3N., R 1E., B.M., City of Meridian, Ada County, Idaho as shown on Record of Survey No. . Recorded as Instrument No. in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northwest corner of Lot 26, Block 2 of said Honor Park Subdivision No.3; Thence along the West boundary line of said Lot 26, South 00°39'36" East 218.68 feet to an iron pin marking the Southwest corner of said Lot 26; Thence along the South boundary line of said Lot 26, North 89°31'22" East 227.00 feet to an iron pin marking the Northwest corner of Lot 21, Block 2 of said Honor Park Subdivision No. 3 and the POINT OF BEGINNING; thence along the North boundary line of said Lot 21, North 89°31'22" East 246.12 feet to an iron pin; Thence South 00°24'38" West 213.15 feet to an iron pin marking a point on a curve to the left; Thence along said curve to the left having a radius of 52.00 feet, a central angle of 16°37'45", a length of 15.09 feet and a long chord that bears South 77°05'05" West 15.04 feet to an iron pin marking a point on the curve to the left; Thence continuing along the curve to the left having a radius of 52.00 feet, a central angle of 28'39'12", a length of 26.00 feet and a long chord that bears South 54026'37" West 25.73 feet to an iron pin; Thence North 46°02'44" West 24.99 feet to an iron pin; Thence North 89°50'44" West 193.47 feet to an iron pin on the West boundary of said Honor Park Subdivision No. 3; Thence along said West boundary North 00040'02" East 211.56 feet to the POINT OF BEGINNING. Said Parcel contains 1.21 acres more or less. �wLj � 6! VD Project No.: 2979 Date: March 24, 2006 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. = Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR PARCEL "F" A parcel of land being a portion of Lot 22 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho, lying in the NW 1l4 of Section 18, T.3N., R. 1E., B.M., City of Meridian, Ada County, Idaho as shown on Record of Survey No. . Recorded as Instrument No. in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northwest comer of Lot 26, Block 2 of said Honor Park Subdivision No.3; Thence along the West boundary line of said Lot 26, South 00°39'36" East 218.68 feet to an iron pin marking the Southwest corner of said Lot 26; Thence along the South boundary line of said Lot 26, North 89°31'22" East 227.00 feet to an iron pin marking the Northwest corner of Lot 21, Block 2 of said Honor Park Subdivision No. 3 thence along the North boundary line of said Lot 21, North 89°31'22" East 246.12 feet to an iron pin marking the POINT OF BEGINNING; Thence along the North boundary of Lot 22, Block 2 of said Honor Park Subdivision No. 3, North 89°31'22" East 53.89 feet to an iron pin; Thence continuing along the North boundary of said Lot 22 North 89°31'22" East 73.08 feet to an iron pin marking the Northeast corner of said Lot 22; Thence along the East boundary of said Lot 22 South 00°39'36" East 242.08 feet to an iron pin marking the Southeast corner of said Lot 22; Thence along the South boundary of said Lot 22 North 89°32'02" West 70.70 feet to an iron pin marking a point starting a curve to the left; Thence along said curve to the left having a radius of 20.00 feet, a central angle of 51 ° 19' 04", a length of 17.91 feet and a long chord that bears North 63°52'30" West 17.32 feet to an iron pin marking a point starting a curve to the left; Thence along said curve to the left having a radius of 52.00 feet, a central angle of 56°23'05", a length of 51.17 feet and a long chord that bears North 66°24'30" West 49.13 feet to an iron pin; Thence North 00024'36" East 213.15 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel contains 0.69 acres more or less. ;,AID Project No.: 2979 Date: March 24, 2006 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR PARCEL "G" V 71 "'Z,YCK A . A parcel of land being a portion of Lot 25 and all of Lot 24 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho, lying in the NW 1/4 of Section 18, T.3N., R. 1E., B.M., City of Meridian, Ada County, Idaho as shown on Record of Survey No. . Recorded as Instrument No. in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northwest corner of Lot 26, Block 2 of said Honor Park Subdivision No.3; Thence along the North boundary line of said Lots 25 and 26, North 89°20'24" East 101.04 feet to an iron pin; Thence continuing North 00°39'36" West 20.00 feet to an iron pin; Thence continuing North 89°20'24" East 30.00 feet to an iron pin; Thence continuing South 00°39'36" East 20.00 feet to an iron pin; Thence continuing North 89020'24" East 380.96 feet to an iron pin; Thence continuing North 00039'36" West 20.00 feet to an iron pin; Thence continuing North 89°20'24" East 15.00 to an iron pin marking the Northeast corner of Lot 24, Block 2 of said Honor Park Subdivision No. 3 and the POINT OF BEGINNING; thence along the North line of said Lot 24 North 89020'24" East 15.00 to an iron pin; Thence continuing South 00039'36" East 20.00 feet to an iron pin; Thence continuing North 89°20'24" East 230.31 feet to an iron pin; Thence continuing South 45005'4.9" East 14.01 feet to an iron pin; Thence along the East boundary of Lot 24, Block 2 of said Honor Park Subdivision No. 3, South 00027'58" West 211.21 feet to an iron pin marking the Southeast corner of said Lot 24; Thence along the South boundary of said Lot 24 South 89°31'22" West 177.88 feet to an iron pin marking the Northwest comer of Lot 23, Block 2 of said Honor Park Subdivision No. 3; Thence continuing South 89°31'22" West 73.08 feet to an iron pin; Thence continuing South 89°31'22" West 53.89 feet to an iron pin; Thence North 00°24'38" East 190.23 feet to an iron pin; Thence North 89020'24" East 50.33 feet to an iron pin; Thence North 00°39'36" West 5 0. 00 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel contains 1.52 acres more or less. TEALEY'S LAND SURVEYING Project No.: 2979 Date: March 24, 2006 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR PARCEL "H" A parcel of land being a portion of Lot 26 and Lot 25 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho, lying in the NW 1/4 of Section 18, T.3N., R. 1E., B.M., City of Meridian, Ada County, Idaho as shown on Record of Survey No. . Recorded as Instrument No. in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northwest corner of Lot 26, Block 2 of said Honor Park Subdivision No.3; Thence along the North boundary line of said Lots 25 and 26, North 89020'24" East 101.04 feet to an iron pin; Thence continuing North 00°39'36" West 20.00 feet to an iron pin; Thence continuing North 89°20'24" East 30.00 feet to an iron pin; Thence continuing South 00039'36" East 20.00 feet to an iron pin; Thence continuing North 89°20'24" East 98.04 feet to an iron pin marking the POINT OF BEGINNING; thence continuing North 89°20'24" East 282.92 feet to an iron pin; Thence continuing North 00°39'36" West 20.00 feet to an iron pin; Thence continuing North 89°20'24" East 15.00 to an iron pin marking the Northeast corner of said Lot 25; Thence South 00°39'36" East 50.00 feet to an iron pin; Thence South 89°20'24" West 50.33 feet to an iron pin; Thence South 0002438" West 190.23 feet to an iron pin on the South boundary of said Lot 25; Thence along the South boundary of said Lot 25, South 89°31'22" West 246.12 feet to an iron pin marking the Northwest corner of Lot 21, Block 2 of said Honor Park Subdivision; Thence continuing South 89°31'22" West 3.00 feet to an iron pin; Thence North 00°40'03" East 219.46 feet to an iron pin marking the POINT OF BEGINNING. 'b Said Parcel contains 1.30 acres, more or less. 347 "O \�'�jcK e Project No.: 2979 Date: March 24, 2006 TEALEY'S LAND SURVEYING 2501 Bogus Basin Rd. • Boise, Idaho 83702 (208) 385-0636 Fax (208) 385-0696 DESCRIPTION FOR PARCEL "I" A parcel of land being a portion of Lot 26 of Honor Park Subdivision No. 3 as on file in Book 78 of Plats at Page 8191 in the Office of the Ada County Recorder, Boise, Idaho, lying in the NW 1/4 of Section 18, T. 3N., R. lE., B.M., City of Meridian, Ada County, Idaho as shown on Record of Survey No. . Recorded as Instrument No. in the office of the Ada County Recorder, Boise, Idaho and more particularly described as follows: COMMENCING at an iron pin marking the Northwest corner of Lot 26, Block 2 of said Honor Park Subdivision No.3 and the POINT OF BEGINNING; thence along the North boundary line of said Lot 26, North 89°20'24" East 101.04 feet to an iron pin marking the Southeast corner of Lot 30, Block 2 of said Honor Park Subdivision No. 3. Thence along the East boundary line of said Lot 30, North 00°39'36" West 20.00 feet to an iron pin marking the Northeast corner of said Lot 30. Thence along the North boundary of said Lot 26, North 89020'24" East 30.00 feet to an iron pin marking the Northwest comer of Lot 31, Block 2 of said Honor Park Subdivision No. 3. Thence along the West boundary of said Lot 31, South 00°39'36" East 20.00 feet to an iron pin marking the Southwest comer of said Lot 31. Thence along the South boundary of said Lot 31, North 89°20'24" East 98.04 feet to an iron pin. Thence South 00°40'03" West 219.46 feet to an iron pin on the South boundary of said Lot 26. Thence along the South boundary of said Lot 26, South 89°31'22" West 224.00 feet to an iron pin marking the Southwest corner of said Lot 26. Thence along the West boundary of said Lot 26, North 00°39'36" West 218.68 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel containing 1.15 acres more or less. M � 0? \ICR A. ,r �.,�x' ,a5 3 O«PtA PIONEER TliLE � 56Jk4' �t A -im= company PIONEER =I -F- COMPANY OF ADA COUNTY 703 S_ American, Suite 190 /Boise, Idaho 53702 (208') 3Ti=3744 NO. '395 2130 1 t ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 3.00 1 BOISE 0=105 0iPM DEPUTY BonnieOberbiilg RECORDED—REQUEST OF 105038724 Pioneer WAP,P,A_-NW )DIEID For Value Received t 'PPiW= E. Norris, Trustee of the '6 MIsm E. Norris separate property trust, dated February 15, 1991 bercmaftcr referred to as Caanxt, does beaeby grain bargain, sell, waa= end coWjey V= Fmklimt/Stratford Investments LLC, ala Idaho lknhed habRij company L hereinafter refeued to as Grantee, whose cmient adesg is the following descnbv.' premises, m -wit SC'�Z7f' S cls/�� Z �o� S✓� Lot 5 in Block 2 of Horror Patio SabdivisionNo. 2, according, to the plat thereof fled mBook 68 of Plats atpages 6959 and 6960, records ofAda County, Idabo_ Also Lots 16 and 17 and Lots 2I tru 27 n Block 2 of H=or Park Svbdivisian No. 3, according to the plat thereof 51ed in Book 78 of Plats at pages 8191 and 8192, records of Ada Coeuiy, Idaho. To I AVB A),M TO ROM the said premises, Lith ftu= apV-+— -to the said C-tanT,ee, his hers and assigns forcvev' r. And the said G;m= does hereby covenant to and w;tr tiro said Grantee,1 at Oramo; is Bre owner in fee sinple of said wises; ext said premises aro free f&=all mambumces escepi emrent years taxes, levies, and assmsmeute, end except U.S. Patent reservations, restrictions, easements of record, and easeaeais visible =on the preetises, and that Grantor wrilt_ wt== and defeed tke 5817e frm_n as daiTn whatsoever. Dated: Mrrcb30, 2005 William E. Norris S aramerty Trnsi, da t Pebtuary 15, 1991 �Af�` William a Norris, Trust= STATE OF i f�k✓1 G County of k N L , ss. On this '�E' dayoflvfarrb a�eyearof2005,befoaeme JuOiA�'� �'� a Notary Public, patsouaDy appea_*ed William E. Naas, known or iderbf-;edto tare to be the person/penong whose name islam sabsaibedto the within iastrtmmart as Trustee ofthe Wi7li=E. Norris S aratc Prop ausl dto me thathe esemted the sarne as such Trustee. JUMANNE FULLER NOTARY PUBLIC STATE OF IDAHO —} Notary Public of E fl O Residing az TZ -1-i I1 : % Co* s„onopires: AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA ) I, %�o6e.-v A AKssc�/i mame-(,off; tra�K)ik/Si►-c�J�e�� Itsocsf.�c�r-s �LC/ ocv�r+o $-5E .s E 1+1 r aV DIV. (address) 5er/0 (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: l Paleys La -LVA -y->e>C 'Qct- -,?,D, le: ► D -3702. (name) (address) to submit the accompanying application(s) pertaining to that property. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this a i D,- day of /114 ".& 920 y �, amu/ /Vt a�►. 4 ature) SUBSCRIBED AND SWORN to before me the day and year first above written. A21A ,> (Notary Pub is for Id r. $FSDQ �5SS F. Residing at: ScoWsda-Q-Q , A /Z/ S 5 a —*S My Commission Expires: /(n a LYNDA STEWART Notary Public - Arizona Maricopa County My Commission Expires, May 4, 2009 Ilw All 6-� A d 3 x .a ::Iz � W Z E-4 E o� W aAS C E, E` °a E, Z � � LL. W �z Why Z a w i if _I. --- °� o I = — . _ — . _ — . — _ . '�3Naa aao�J.yals •s .rrosta Mas.a.00s ---arm — 'R .n•eaa_ . _ �24E�. iL..Qf��i4o.5_t 14 • I I ® sj j { i d; n u ,� • I ;t � I •`+ W % N ui L--_-_-r'— m I I N V ® gm { zo I W I _ z O W W< V m N U W K 1 I I "a m i�ais Nrw�aaw 's N M O L O Q F Ir W U I Ie, 5116M U_wS ZKtls goal, i eS 2 . Ibis P OD RW,'{Tjg) w2 y.YV�6 IS jfi�2 12 c p � Sj 3 -O JW to X gig sg Sonya Watters From: Akemi Wells [tealeys@rmci.net] Sent: Monday, April 03, 2006 4:07 PM To: Sonya Watters Subject: Re: Honor Park Sub. 3 Property Boundary Adjustment Application Attachments: 2979-ros7008 for reference.pdf 2979-ros7008 for reference.pdf... Hello Sonya, The North boundary of Lot 16 was adjusted on ROS 7008, not this one. Please see the attached copy of ROS 7008 to confirm. Thank you. Akemi Wells Tealey's Land Surveying Sonya Watters wrote: > Pat, > I've reviewed the application you submitted for this property and it > looks like Lot16 should be included in the boundary for adjustment as > the northern lot line has been shifted to the north. Please submit a > revised ROS (paper copy). > Thanks, > Sonya > -------------------------------- > Sonya Watters > CITY OF MERIDIAN > Planning Department > 660 E. 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W �r I L4 oFl w 80� O 5- LL: MSE 8 2. m�1y� � zFu TEALEY'S LAND 2501 Bogus Basin Road, Boise, Idaho 83702 SURVEYING (208) 385-0636 Fax(208)385-0696 Email: tealeys@rmci.net TRANSMITTAL To: Anna Borchers - Canning Meridian City Planning and Zoning I Re: Franklin Investments — Property Boundary Adjustment Job No.: 2979 ( X ) For your action ( ) For your review Transmitted By: Donna Dodson Dear: Anna, Date: March 30, 2006 Attached is the Property Boundary Adjustment checklist, Administrative Review Application, Legal Descriptions, Warranty Deed, Affidavit of Legal Interest, Vicinity Map, copy of Recorded Plat in which subject property lies, and proper fee. Sincerely, Donna Dodson E-mail: tealeys@rmci.net czrr a� =.q C ;DZ7n It IDAHO Planning Department PROPERTY BOUNDARY ADJUSTMENT Application Checklist Project name: MfLV A licant/a ent-7�S LZLKa JWYQCQ I'M2. All applications are required to contain one copy of the following unless otherwise noted Property boundary adjustments are allowed for the adjustment ofproperty lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision (UDC 11-6B-8). THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org Milli- ✓ Completed & signed Administrative Review Application Legal description of the new property boundaries (metes and bounds) Recorded warrant deed for the subject property Affidavit of Legal Interest signed & notarized by the property owner (1f owner is a corporation, ✓ submit a co of the Articles of Incorporation or other evidence to show that the n signingis an authorized a ent) Scaled vicinity map showing the location of the subject property Existing recorded plat in which the subject property lies (8 %" x 11") Record of Survey (paper and m lar co - Fee i 4A Property boundary adjustments are allowed for the adjustment ofproperty lines between existing properties, and to allow for the reduction in the number of buildable lots. A property boundary adjustment does not vacate the platted lot lines or easements of a recorded subdivision (UDC 11-6B-8). THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 660 E. Watertower Lane, Suite 202 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org CITY OF MERIDIAN PLANNING & ZONING DEPARTMENT LETTER OF TRANSMITTAL April 3, 2006 To: Mark David/Len Grady From: Sonya Watters Subject: 483 Franklin Rd. - Property Boundary Adjustment (Honor Park Sub. 3) Enclosed are the 11 1 1 1 Property Boundary Adjustment Application II These are transmitted: ❑ For your ❑ For action information specified below Remarks: Mark, El For review ❑ For your use ❑ As requested and comment Application appears to be complete and meets min. lot requirements. Please return to me after your review. Thanks, Sonya Copy to: File Signed: —L2 660 E. Watertower Ln., Ste. 202 Meridian, Idaho 83642 (208) 884-5533 Fax (208) 888-6854 CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT LETTER OF TRANSMITTAL. Date: August 2, 2005 To: Lawrence Koerner, PLS Tealey's Land Surveying From: Karie A Glenn Dept. Specialist Supervisor Subject: Franklin/Stratford Inv — ROS/LLA Lots 16,17,21,22, &23 Blk 2 Honor Park #3 Enclosed are the followi 1 Signed ROS/LLA These are transmitted: ❑ For your OFor action ❑ For review 0 For your use S As requested information specified below and. comment Remarks: Please provide a copy to our office once the ROS has been recorded. Thank You. Copy to: PZ, BLDG, PW, File Signed: ti 660 E. Wateatowa, Ste. 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 898-9551