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HomeMy WebLinkAboutMedimont Subdivision No. 1 FPWILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre 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 EE C G ENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 GREG OSLUND Moor Vehicle/Drivers License (208) 888-4443 MALCOLM MACCOY KEITH BORUP ROBERT D. CORRIE RON MANNING Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: June 10, 1997 TRANSMITTAL DATE: 6!10/97 HEARING DATE: 7/1 /97 REQUEST: Final Plat for Medimont Subdivision No. 1 BY: Proaerties West Inc. LOCATION OF PROPERTY OR PROJECT: South of Franklin, West of Locust Grove JIM JOHNSON, P2 MALCOLM MACCOY, P/Z RON MANNING, P/Z BYRON SMITH, P/Z KEITH BORUP, P2 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 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CI~11' FILES OTHER: YOUR CONCISE REMARKS: • • REG~UEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: ~~ A request fo•r preliminary plat approval must be in the City Clerks passession no later than three days follawing the •regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the montrily meeting following the month the request way 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 Properties blest Rnnexation P~ledir~ont Subdivision iio. 1 1. Name of Annexation and Subdivision, to be marketed as STONEQR~D~k,,, u _ ~I~ 2. General Location, south of Franklin Rd, west of Locust Grove Road 3. Owners of record, Properties l•Jest, Inc. 1401 Shoreline Drive Address, Rni sP _ Idaho . Zip83702 Telephone 345-7523 Sar.~e Address, Same 4. Applicant, 5. Engineer, Gar A. Lee, P.E./L.S. Firm ~-U-B ENGIfJEERS, Inc. 2 ec ~aoo venue Address 3oise, I~aho ~ zip 83709 Telephone 376-7330 6. Name and address to re11ceive City bDillings: Name Properties l~Jest 6oQseSh~pela3e702rive Tel a 345-7523 Address phone PRELIMINARY PLAT CHECKLIST: Subdivision Features 13.75 ac in subdivision - ownership i. Acres 14.24 ac in annexation - to center of Franklin Road buildable 2. Number of lots 3 Common 3. Lots per acre 0.69 lots/aC 4. Density per acre 0_69/a~C ~ ~ q 5. Zoning Classif ication c s ) "'equesnt~d -Ol,i ~~ • • 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictiona~T mile, what is the existing zoning classification 7. Does the plat border a potential green belt Mo 8. Have recreational easements been provided for NO 9. Are there proposed recreational amenities to the City ~~~ Explain 10. Are there proposed dedications of common areas? Yes Ex 1 ain Landscaped lot along Franklin and entire east boundary p For future parks? No Explain 11. What school t s ) service the area P1eri di an dp you propose any agreements for future school sites o Business use only (light industry) . Explain 12. Other proposed amenities to the City ~~~ Water Supply Fire Department PJo Other ~~ . Explain 13. Type of Buildin ( Re$identl~al, urt~mercial, Industrial ur combination) ~ight ~ndustrlal - business use 1~. Type of Dwellin t ) Si 1 Fa i1y, D p exes, Multiplexes, other Concrete tai I~-up, ~~oc~C, meal , a~oo~ firame 15. Proposed Development features: a. Minimum square footage of lot t s) , 41,700 sf b. Minimum square f ootage of structure t s ) ~~/A c. Are garages provides for. N/A square footage d. Are other coverings provided for PJ/A e. Landscaping has been provided for. YeS ~ Describe Along common lots and CCR requirerients along entry road (2) ! ~ f. Trees will be provided for Yes Trees will be maintained Yes by Business pwners Association. g. Sprinkler systems are provided for Yes - pressurized irriq. h. Are there multiple units No Type remarks i. Are there special set back requirements NO . Explain l~Ji 11 cor~pl v with Code and CCR' s ~. Has off street parking been provided for YeS .Explain Parking on each lot to conform to City Code k. Value range of property Unknown 1. Type of financing for development Unknown m. Protective covenants were submitted Yes . Date 11/15/96 16. Does the proposal land lock other property "Jo Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to De 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. ~. Proposed use is in conformance with the City of Meridian Comprehensive Pla n. 3. Development rill connect to City services. 4. Development rill comply with City Ordinances. 5. Preliminary Plat rill include all appropriate easements. 6. Street names must not conflict ri th City grid system. (3) i ~ f J'u June 5, 1997 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RE: MEDIMONT SUBDIVISION N0. 1 FINAL PLAT (Properties West, Inc.) To Be Marketed as "STONEBRIDGE BUSINESS PARK" 208-376-7330 FAX: 208-323-9336 ~,C~VED JUN - ~ 1997 ~~ ~ ~~~~ Enclosed for your review and processing are the necessary documents as established by the City of Meridian Ordinances for a Final Plat for the above-referenced subdivision. As stipulated by said ordinance, please find enclosed the following: 1. 30 copies of the Application for a Final Subdivision Plat. 2. 30 copies of the Final Plat, Sheet 1, 18"x27", at a scale of 1" = 100'. 3. 3 copies of the Final Plat signature page, Sheet 2, 18"x27". 4. 10 copies of a reduced copy of the Final Plat at a scale of 1" = 300'. 5. A check in the amount of $120.00 for the Final Plat application fee from Properties West, Inc. 6. A copy of a Warranty Deed dated March 13, 1996. 7. 4 sets of Improvement Plans, Sheets 1 through 9, dated June 3, 1997. Also, per City requirements, on behalf of the developer, Properties West, Inc., we wish to make a Statement of Compliance as follows: 1. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by Ada County Highway District and Meridian Ordinances. The City Engineer will determine dimensions. All sidewalks wilt be five (5) feet in width. 2. The proposed use of this development is in conformance with the City of Meridian Comprehensive Plan. 3. This development will connect to City services. 4. This development will comply with City Ordinances. 5. This Final Plat is in conformance with the approved Preliminary Plat. J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 Is T~ M~ • • ~~-u-B~ . Mr. Will Berg, City Clerk Engineers Surveyors Planners June 5, 1997 Page 2 6. The street names are as approved by the Ada County Street Name Committee and wilt not conflict with the City of Meridian grid system. Please review the enclosed information and schedule for the next available City Council Meeting. Also, Improvement Plans are included for review by the Public Works Department. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~_ Gary .Lee, P.E./L.S. Project Manager GAL:Ihc Enclosures cc: Jon Barnes, Properties West, Inc. f:\projects\11130\cityltr2.doc `,.y ~ M ,~. •r r A Pionser Company PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave /Boise, Idaho 83704 / (208) 377-2700&f READ AND APPROVED f3Y WARRANTY DEED (CORPORATE FORlrn • IVADCO, INC. , acotporatioa organized and existing under the laws of the State of Idaho, with its principal office at 4232 ADAMS BOI State of Idaho. 83714 of County of ADA grantor, hereby CONVEYS or GRANTS and WARRANTS TO PROPERTIES WEST, INC. . grantee of 1401 SHORELINE DR. , BOISE, ID 83702 for the stmt of TEN DOLLARS AND NO/100 DOLLARS, the following described tract(s) of land in ADA County, State of Idaho: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF Location of above dCSCribed property ~au. *e.n nenvr, ~ croentvt T>J House No. Strut The officers who sign t61s deed hereby certify that this deed and the transfer represented thereby was duly authorized under a resolution duly adopted by the board of directors of the grantor at a lawful meeting duly Geld and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this 13 day of March , A.D. 1996 IVADCO TNC • (CORPORATE NAME) i i //// _ By:~~/~y;r~~ ~~ PRESIDENT Attes . SECRETARY STATE Ulr rnAyO ,County of~DA , ss. On this 13 day of March , in the year of ~_. bcforc me DAVID E SELLS nay public, per- sonally appeared ~d wledged (mown or id alp tt~j~te person S-svho executed Ute instrutneat on behalf of said co ion, to the that >ed the carne. ~ 7t'1tq~ 'Sn ~ ..•~ it N Public: -r~1'J.OlL ~ Residing at: ~ ~,~ .~•p 'mss My Commission Expires: 1 28 99 i .~ • EXHIBIT'A' Fie Number. P143697 A PORTION OF LAND WITHIN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP AT THE SECTION CORNER COMMON TO SECTIONS 7, 8,17,18 OF TOWNSHIP 3 NORTH, RANGE 1 EST, BOISE MERIDIAN, AT THE CENTER UNE INTERSECTION OF FRANKLIN ROAD AND LOCUST GROVE ROAD; THENCE WESTERLY ALONG THE CENTER UNE OF SAID FRANKLIN ROAD AND THE SECTION UNE COMMON TO SECTIONS 17 AND 18, NORTH 89 DEGREES 48'18' EAST 480.70 FEET; THENCE LEAVING SAID CENTER UNE AND SAID SECTION UNE SOUTH 02 DEGREES 14'38' EAST 25.02 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF SAID FRANKLIN ROAD AND SET 5/8' REBAR iMTH CAP P.E./LS. 3260, THE REAL POINT OF BEGINNING; THENCE SOUTH 02 DEGREES 14'38' EAST 182.38 FEET TO A SET 5/8' REBAR WRH CAP P.E./LS. 3260; Tf FENCE SOUTH 00 DEGREE 58'43' WEST 494.50 FEET TO A SET 5/8' REBAR WITH CAP P.E/LS. 3260; THENCE SOUTH 19 DEGREES 08'17' EAST 135.59 FEET TO A SET 5/8' REBAR WITH CAP P.E/LS. 3260; THENCE SOUTH 01 DEGREES 25'43' WEST 79.34 FEET TO A SET 5/8' REBAR WITH CAP P.E./LS. 3260; THENCE SOUTH 89 DEGREES 43'05' WEST 231.74 FEET TO A SET 5/8' REBAR WITH CAP P.E./LS. 3260; THENCE SOUTH 00 DEGREE 30'10' WEST 441.28 FEET TO A SET 5/8' REBAR WITH CAP P.E/LS. 3260 ON THE NORTH 1/16 UNE OF SAID SECTION 18; THENCE SOUTH 89 DEGREES 39'40' WEST 683.66 FEET ALONG THE SAID 1/16 UNE OF SAID SECTION 18 TO THE NORTHEAST 1 /18 CORNER OF SAID SECTION, FROM WHICH A FOUND 5/8' REBAR BEARS NORTH 00 DEGREE 29'3Y EAST 0.25 FEET; THENCE NORTH 00 DEGREE 29'39' EAST 1,307.10 FEET ALONG SAID EAST 1/16 UNE TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID FRANKLIN ROAD AND A SET 5/8' REBAR WITH PLASTIC CAP P.E./LS. 3260; THENCE NORTH 89 DEGREES 46'18' EAST 847.60 FEET ALONG SAID SOUTHERLY RIGHT OF WAY OF SA10 FRANKLIN ROAD TO THE REAL POINT OF BEGINNING. END OF LEGAL DESCRITPION ~~ :, ~, ., PIONEER TITLE COMPANY OF ADA COUNTY 8151 W. Rifleman Ave /Boise, Idaho 83704 / (208) 377-2700&f RFJID AfVD APPROVEp BY WARRANTY DEED tcoRPORAT'B FoeM) IVADCO, INC. organized and existing under the laws of the State of Idaho, with its principal office at 4232 ADAMS 83714 of County of ADA grantor, hereby CONVEYS or GRANTS and WARRANTS TO PROPERTIES WEST, INC. . I of 1401 SHORELINE DR., BOISE, ID 83702 TEN DOLLARS AND NO/100 the following described tract(s) of land in ADA County, State of Idaho: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF s corporation BOISE, ID State of Idaho, grantee for We aum of DOLLARS, I LOCatiOn Of abOVe described property • ^m*e•n nvntfa r ceeNKT iN House No. Street The officers who sign this deed hereby certify that this deed and the transfer rcpreseated thereby was duly authorized wader a resolution dttly adopted by the board of etirectora of the grantor at a lawful meeting duly held and attended by a quorum. In witness whereof, the grantor has caused its corporate name and seal to be hereunto affixed by its duly authorized officers this 13 day of March , A.D. 1996 IVADCO ING • (CORPORATE NAME) By:~ ~c~yb"s ' - PRESIDENT Attes . SECRETARY STATB UN IDAHO ,County o[ ADA , sa. On this 13 day of March , in the year of 1996 , before me DAVID E SELLS . a notary public, per- sonalty appeared ' known or id ~ogp t~~l~te person S.svho executed flu instrumwt oa behalf of said w on, and wledged to t~ that ed the ~• , , 7~'1lf~ ~ ~.~ ~ N Public: ? -r~,y0 ?g Residing at: d,4• ~.• •.• My Comatiuion Expires: t -28-99 ~ a. TD ~•N•N~•li J1• - .. ~ ~ • ~ • EXHIBTT'A F!e Number: P143697 A PORTION OF LAND WITHIN THE NORTHEAST 1/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY AS FOLLOWS: COMMENCING AT A FOUND BRASS CAP AT THE SECTION CORNER COMMON TO SECTIONS 7, 8,17,18 OF TOWNSHIP 3 NORTH, RANGE 1 EST, BOISE MERIDIAN, AT THE CENTER UNE INTERSECTION OF FRANKLIN ROAD AND LOCUST GROVE ROAD; THENCE WESTERLY ALONG THE CENTER UNE OF SAID FRANKLIN ROAD AND THE SECTION LINE COMMON TO SECTIONS 17 AND 18, NORTH 89 DEGREES 46'18' EAST 480.70 FEET; THENCE LEAVING SAID CENTER UNE AND SAID SECTION UNE SOUTH 02 DEGREES 14'38' EAST 25.02 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY OF SAID FRANKLIN ROAD AND SET 5/8' REBAR iMTH CAP P.E./LS. 3260, THE REAL POINT OF BEGINNING; THENCE SOUTH 02 DEGREE314'38' EAST 182.38 FEET TO A SET 5/8' REBAR WITH CAP P.E/LS. 3260; TI jQNCE SOUTH 00 DEGREE 58'43' WEST 494.50 FEET TO A SET 5/8' REBAR WITH CAP P.E./LS. 3260; THENCE SOUTH 19 DEGREES 08'17' EAST 135.59 FEET TO A SET 5/8' REBAR WITH CAP P.E/LS. 3260; THENCE SOUTH Ot DEGREES 25'43' WEST 79.34 FEET TO A SET 5/8' REBAR WITH CAP P.E./LS. 3260; THENCE 30LITH 89 DEGREES 43'05' WEST 231.74 FEET TO A SET 5/8' REBAR WITH CAP P.E/LS. 3260; THENCE SOUTH 00 DEGREE 30'10' WEST 441.28 FEET TO A SET 5/8' REBAR WITH CAP P.E/LS. 3260 ON THE NORTH 1/16 LINE OF SAID 8ECTION 18; THENCE SOUTH 89 DEGREES 39'40' WEST 883.88 FEET ALONG THE SAID 1 /16 UNE OF SAID SECTION 18 TO THE NORTHEAST 1 /18 CORNER OF SAID SECTION, FROM WHICH A FOUND 5/e' REBAR BEARS NORTH 00 DEGREE 29'39' EAST 0.25 FEET; THENCE NORTH 00 DEGREE 29'39' EAST 1,307.10 FEET ALONG SAID EAST 1/18 UNE TO A POINT ON THE SOUTH RIGHT OF WAY OF SAID FRANKLIN ROAD AND A SET 5/8' REBAR WITH PLASTIC CAP P.E/LS. 3260; THENCE NORTH 89 DEGREES 48'18' EAST 847.60 FEET ALONG SAID SOUTHERLY RIGHT OF WAY OF SAID FRANKLIN ROAD TO THE REAL POINT OF BEGINNING. END OF LEGAL DESCRITPION ~aii ~ i a~ 7F~%EIIV'F~ CENTRAL SEP 0 ~ 1997 •• DISTRICT ~11'HEALTH :,T4 .tl~~~l~ DEPARTMENT 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. 97-592 September 4, 1997 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Medimont Subdivision #1 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 September 4, 1997. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, / / Michael H. Reno, E.H.S. Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor Tom Schmalz, Sr. Environmental Health Specialist HUD JUB Engineers Properties West, Inc. City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada /Boise County Office 707 N. Armsrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satellite Office 1606 Roberts Boise, ID 83705 Ph. 334-3355 FAX: 334-3355 i~ Elmore County Office 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-3521 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Offce 703 N. 1st Street P.O. Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 ~ ~ :: (~J i'_'tL5 ~'7 t ~ V r- ;'~ 1 ,~ ~ I T ~ ( J _ ~J 1 v/~i ~,Upi/v~ i I DEVELOPMENT AGREEMENT , . - ; _ - - _~^~ :; T C - THIS AGREEMENT, made and entered into this ~~ay of ~ , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of daho, part of the first part, hereinafter called the "CITY", and Properties West,~Inc., and J & A Enterprises, parties of the second part, hereinafter called the "DEVELOPER", whose addresses aze 1401 Shoreline Drive. Boise. Idaho 83702, and 1020 W. Main Street Suite 305 Boise Idaho 83707, respectively. WITNESSETH: WI~REAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" (Property), which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning and annexation of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER submitted and the CITY has approved annexation and zoning to Light Industrial (I-L) of the Property to allow a limited use light industrial project on said Property and has submitted a subdivision plat for said Property; which was recommended for approval with conditions of the Meridian City Council; and WHEREAS, the DEVELOPER has made representations at the public hearings before the Meridian Planning and Zoning Commission and the Meridian City Council as to how the Property would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the Property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 1 • • NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this agreement, as a condition of the annexation of the Property, as follows: That the above recitals aze contractual and binding and aze incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Develop and construct a light industrial subdivision restricted as identified in the CITY's Zoning Ordinance, with the exception that the following uses are not allowed: - Asphalt and concrete operation - Automobile wrecking yazd and storage - Fuel yazds - Junk yards - Mobile home manufacturing - Recycling plants - Solid waste transfer stations - Planned Unit Development -General planned residential b. Submit to the CITY applications for site plan review and obtain the CITY's approval thereof, prior to, and as a condition oiy the commencement of construction of any building(s) or improvements on the property, intended for industrial or other uses. c. Submit an application for conditional use, and obtain the CITY's approval thereof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements by DEVELOPER or use by DEVELOPER of Lots 6, 7, 8 and 9 of Block 2 of the Property. Said conditional use pennut application shall contain fully detailed landscape and building plans, including elevations. d. Submit a final subdivision plat application of the Property to the CITY to be approved by the CITY and recorded in the Ada County Recorder's office prior to any development. 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 2 3. That DEVELOPER will file with the City Engineer a complete set of Improvement Plans ("Improvement Plans") showing all internal streets, curbs, gutters, sidewalks, utilities, required transitional paving in Franklin Road, pressurized irrigation facilities, pumping stations, tiling and piping of irrigation ditches, fire hydrants, sewer and water lines and appurtenances (including extensions along the exterior boundary of Property), common area landscaping, drainage, street and other similar signage, barricades, and other such improvements contemplated within the development, which Improvement Plans, and all improvements shown thereon, shall meet the approval of the City Engineer. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference, and are referred to herein as the Subdivision Improvements. It is agreed that the improvements to be constructed and installed by successor owners for individual building lots within the boundaries of the Property (hereafter "On-Site Improvements") shall be subject to approval by the CITY in the normal course of the CITY's issuance of conditional use and building permits for the construction of a building on such separate lot, with the CTTY's remedy for the failure to construct or install such On-Site Improvements being as provided in the Ordinances of the CITY or the denial of a Certificate of Occupancy with respect to the building constructed on said lot. The failure of the owner of a lot within the property to construct or install the On-Site Improvements on said lot shall not affect or interfere with the issuance of a building permit or a Certificate of Occupancy with respect to any other lot within the property, provided the owner thereof is in compliance with the terms and conditions of the approvals granted for that lot by the CITY and/or the plans approved by the CITY for the building constructed thereon, provided that the owner of the lot is not the DEVELOPER named herein. 4. That DEVELOPER will, at his or their own expense, construct and install all Subdivision Improvements, as well as any and all other improvements as reviewed and approved by the CITY. 5. That DEVELOPER will construct and install all Subdivision Improvements in strict accordance with a filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standazd Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and what improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 7. That DEVELOPER will have "corrected" original drawings of the Improvement Plans prepazed by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylaz copy of said Plans. The Improvement Plans of the 8!15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various streets, water and sewer lines, all utility lines, piped imgation ditches, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The "corrected" Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 8. That DEVELOPER shall, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 9. That DEVELOPER agrees, upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus inerest thereon at an annual interest rate equal to the prime interest rate of First Security Bank of Idaho l~us five percent (5.0%) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Finding set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place ~of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merit of the proposed Finding. 10. That DEVELOPER agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with within any phase of the Subdivision Improvements, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within the Property and/or shall have the right to withhold the providing of culinary water service to any parcel within the Property until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said parcel allowed, and its decision shall be final, except that the rights of the parties are 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 4 preserved at law and equity, including, but not limited to, the right of appeal to a court of competent jurisdiction. 11. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Subdivision Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposits}, certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the Property until the same is provided by the DEVELOPER Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 12. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements as listed on Exhibit "B" aze completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stated when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 13. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around building construction areas to contain debris prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. 14. That DEVELOPER agrees that those portions of the water main or sanitary sewer lines, as identified in the Improvement Plans, requiring increased line size or capacity because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development, will be constructed by the DEVELOPER. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's entering into a late comers agreement to reimburse DEVELOPER for any such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work representing excess capacity. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 with copy to: DEVELOPER: Properties West. Inc. c/o Jon L. Barnes 1401 Shoreline Drive P. O. Box 2797 Boise, ID 83701 J & A Enterprises c/o James L. Boyd 1020 W. Main Street. Suite 305 P. O. Box 8105 Boise. ID 83707 Wayne G. Crookston, Jr. Fitzgerald, Crookston & Fitzgerald P. O. Box 427 Meridian, ID 83680 16 17. 18 A party shall have the right to change its address by delivering to the other party a written notification thereof. The parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a parry to agree to any modification to this Agreement. That DEVELOPER agrees to pay all recording fees necessary to record .this Agreement with the Ada County Recorder's office. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • 19. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. DATED the date, month and year first appearing. DEVELOPER: TIES WEST By I Jon L. s. President J Y J .Boyd f By ~~ Amiletto J. Boyd CITY OF MERIDIAN ` ``,`i`~~~~.~~i~~~~a~a,,.,' ~, R .Come, Ma or Y .~ r -. ti ~ r~ r r .. By g~j, William G. Berg, Jr., City Cle : ~ '~ ~ P \~`` dy T sit • ~'~,, CY ~ '`','~ ``\``` ~~~~Nlp~t t~1t~N~~`~ S/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF IDAHO ) ss. County of Ada ) • On this 2 `~ *-= day of ~L~', '.}~ ~ 1997, before me, the undersigned, a Notary Public in and for said State, personally app"ear~~edJo--n L. Barnes, known, or proved to me, to be the President of Properties West, Inc., who executed the foregoing instrument, and acknowledged to me that he executed the same on behalf of such corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year-in-this certificate first above written. ., G:...~~r,' 2J ~~.'~ .. ~ ~~',; Not lic for Idaho _ `~ ,~ f . ~ , ` {. ,~ Residing at: ~'s~. ~d~ ~ o -~~ '(S`1/'AL) ' - My Commission Expires: Z/IL,~S a ,w ~. _ ~ `~ _ ' i ~~ •` `v ~" t ~ rT 1 STATE OF IDAHO ) ss. County of Ada ) On this ~~day of y-t- utis~. 1997, before me, the undersigned, a Notary Public in and for said State, personally appe James L. Bovd and Amiletto J. Bovd, known, or proved to me, to be the partners of J & A Enterprises, an Idaho general partnership, who executed the foregoing instrument,: and acknowledged to me that they executed the same on behalf of such partnership. -" ~IN WITNESS WHEREOF, I have hereurno set my hand and affixed my ofEcial seal, the day and year in this certificate first above written. ,,,,, ^r~ __ ___ = Notary Public for Idaho - ~ Residing at: O ~ Z~AM-o :, (~$EAL;)" ' ~~^ My Commission Expires: ~ ~oDC~ ....., ~• ,.. 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) County of Ada ss. • On this ~~day of ~ ~ ~,s~` 1997, before me, the undersigned, a Notary Public in and for sail State, personally appearod~ OBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. :~~ ~a~~~'`m`~''a~~'q`r•~: ~~,. ~p'T A ~p ~,~ `!' (SEAL) _ ~ ,o \~ ° ~ lti~ fiblic for Idaho at: ~'I Cr' %ah mission Expires: 08' d~- 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 9 ~, ~ Updated Draft, 2-20-g- EXHIBIT `A' TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PROPERTIES WEST, INC. LEGAL DESCRIPTION A portion of land within the NE 1/4 of Section 18, T.3N., R.1 E., B.M., Ada County, Idaho, more particularly as follows: Commencing at a found brass cap at the section corner common to Sections 7, 8, 17 and 18 of T.3N., R.1 E., B.M., at the center line intersection of Franklin Road and Locust Grove Road; thence Westerly along the center line of said Franklin Road and the section line common to Sections and 18, South 89°46'18" West 480.70 feet, the REAL POINT OF BEGINNING; thence leaving said center line and said section line South 02°14'38" East 187.40 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 00°58'43" West 494.50 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 19°08'17" East 135.59 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 01°25'43" West 520.56 feet to a found iron pin on the North 1/16 line of said Section 18; thence South 89°39'40" West 888.27 feet along the said 1/16 line of said Section 18 to the NE 1/16 corner of said section, from which a found 5/8" rebar bears North 00°29'39" East 0.25 feet; thence North 00°29'39" East 1,332.11 feet along said East 1/16 line to a point on the Northerly boundary of said Section and the center line of said Franklin Road; thence North 89°46'18" East 846.40 feet along said Northerly boundary and center line of Franklin Road to the REAL POINT OF BEGINNING. Containing 26.59 acres, more or less. SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. -7- • ~ EXI-IIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PROPERTIES WEST. Inc. AND J & A ENTERPRISES 1. DEVELOPER shall develop the property described in Exhibit "A" (Property) as a Light Industrial Development pursuant to § 11-9-607 of the Meridian Zoning and Development Ordinance. 2. DEVELOPER acknowledges and agrees that it will be required to submit to the CITY an application for Conditional Use Permit pursuant to § 11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's approval thereof prior to, and as a condition oiy the commencement of construction of any buildings or improvemerns on Lots 6, 7, 8 and 9, Block 2, of the Property, as well as for those uses specifically required to obtain a Conditional Use Permit as outlined in the CITY's Zoning and Development Ordinance on the remaining lots. 3. DEVELOPER agrees to comply with all staff and agency requirements. 4. DEVELOPER covenants and agrees that, in connection with the development of the Property as may be approved by the CITY, DEVELOPER shall, at its cost and expense, do and perform the following: a. Berming and LandscaQing; -Franklin Road. Construct a landscape strip within the Property along the full length of the Property adjacent to the north right-of--way line of Franklin Road ("Franklin Road Landscaping"), except for driveway accesses. The Franklin Road Landscaping shall be a minimum of thirty-five feet (35') in width beyond required ACRD right-of--way, including any necessary bike lanes. The Franklin Road Landscaping will be landscaped and sprinkler irrigated, by means of pressurized irrigation, in accordance with landscape plans to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk -Franklin Road. At the time of the construction of the improvements upon the Property, construct afive-foot (5') concrete sidewalk and match paving in the public right-of--way of Franklin Road along the full length of the Property adjacent to the north boundary of the Property ("Franklin Road Sidewalk"). The Franklin Road Sidewalk shall be constructed in accordance with the standards and specifications of the ACHD in effect at the time of construction. If construction of this sidewalk is specifically prohibited at this time, DEVELOPER shall furnish a letter from Ada County Highway District outlining reasons for same, along with evidence of appropriate sureties for future construction of the sidewalk. EXI-~IT "B" 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 5 • c. Dedication/Sale of Additional Right-of--way -Franklin Road. Dedicate or sell land adjacent to the existing north right-of--way line of Franklin Road required to meet ACHD's requirement for aforty-five-foot (45') right-of--way from the centerline of Franklin Road, including any necessary bike lanes. d. Planting Stria -Eastern Boundary. Provide a permanent, 20-foot-wide, landscaped planting strip along the east boundary of the Medimont Subdivision as shown on the approved plat and as represented in public hearings, as approved by the CITY, and allow no encroachment of this strip. The strip will be planted with six- to eight-foot high Scotch pines at fifteen (15) feet on center prior to obtaining building permits and perpetually maintained to provide a screen for adjacent residential properties.. e. Planting Strip -Western Boundary. Provide a permanent, 20-foot-wide, landscaped easement along all other residential uses adjacent to the Property, and allow no encroachment of this strip. f. Subdivision Plat(sl. DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. g. Plan An rp ovals. Timely submit and obtain, as part of the regular building permit acquisition process, the required Certificate of Zoning Compliance and approval by the CITY of all drainage and grading plans, building plans, lighting plans, landscaping plans, parking and other plans relating to the development of each buildable lot within the Property. h. Compliance with ACRD Conditions of Approval. In the development of the Property, comply with the terms and conditions of the ACRD Staff Report, or as may be required by ACFID in approving Conditional Use Applications to be filed by DEVELOPER. In cases where ACHD's and. the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. Canals, Ditches and Waterwavs. Tile all canals, ditches and other waterways and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. Water and Sewer Service. Connect all water and sewer facilities within the Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. k. Landscaping -General. Construct and install all landscaped areas, as shown on plans to be submitted and approved by the CITY, with grass and sprinkler irrigation system, EXI~IIBIT "B" 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 5 except as otherwise expressly noted on said approved plans. All landscaping shall comply with the CITY's landscape requirements, particularly City Ordinance Section 11-2-414.D. Each building site shall be landscaped twenty (20) feet inside the property boundary behind the sidewalk line along any street. Each building lot shall, as a minimum, install a seven (7) foot wide landscaped strip along all interior side lot lines between the front property line, behind the sidewalk, and the front line of the building. Entry drives and visual triangle requirements are exceptions to this requirement. The remainder of any required setback may be used for automobile parking or for a different kind of landscape treatment. The twenty (20) foot landscaped area along any street shall have a berm with an approximate rise of three (3) feet. Landscaping shall also be required on each building lot in all from areas that are not otherwise used for automobile parking. In addition to the required landscaping of required setback areas, any unpaved areas lying within adjacent street rights-of--way shall be landscaped and maintained to the finished sidewalk by the owner or occupant of the property. Paving -General. All parking areas and driving lanes required for a specific lot must be paved prior to obtaining a Certificate of Occupancy. For lots undeveloped at time of initial building construction, unpaved areas shall have anall-weather surface or temporary fencing, at the option of DEVELOPER. m. Paymern of Impact Fees. Pay, in accordance with an ordinance of the CITY in effect at the time of the application by DEVELOPER for a building permit, impact fees, transfer fees (if applicable}, development fees, or similar fees or assessments which may be imposed upon, or by reason o1; the development of the Property, based on the uses to be developed on the Property. DEVELOPER acknowledges that at the date of this Agreement, the CITY does not have in force and effect an ordinance requiring the payment of such fees, but has under consideration such an ordinance. DEVELOPER waives the right, if any, to object to the imposition of such fees on the grounds that the Property was annexed and zoned prior to the adoption of such an ordinance. n. Li tin .All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties, as determined by the CITY, will be permitted, including impacts to Franklin Road. o. Signag_e. All signage within the Property shall be in accordance with the Uniform Sign Code and the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A-frame signs shall not be permitted. Sign permits must be obtained from the Building Department for all signage. p. Special Setback Requirements. As represented at public hearings, minimum side yard building setbacks shall be five (5) feet per story from the property line. The minimum EXHIBIT "B" 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 5 • • rear yard setback shall be twenty (20) feet from the property line. Lots 3 through 10, Block 2, shall have a minimum rear yard setback of forty (40) feet. All other setbacks shall be as required in the Zoning and Development Ordinance. q. Planters. Walls and Signs. Planters, walls and sign elements not exceeding three (3) feet in height may be permitted in the front setback areas with the written approval of the CITY and DEVELOPER, subject to requiremerns of applicable governmental agencies. Storage. Service. Mairrtenance and Loading_Areas. Storage, service, mairnenance and loading areas must be constructed, maintained, and used in accordance with the following conditions. (1) Unless approved in writing by the DEVELOPER and CITY, no materials, supplies, or equipment, including trucks or other motor vehicles, shall be stored upon a site except inside a closed building or behind a visual barrier screen of a wall or fence so as not to be visible from any streets or neighboring residential areas. Such visual screens shall be constructed of materials and finishes compatible with the adjacent buildings if visible from street frontage and shall be designed and placed to complement the building design. Storage areas shall be located upon the rear portions of the site, unless otherwise approved in writing by the Architectural Control Committee and the CITY. No storage areas may extend irno a setback fronting a street. (2) Loading dock areas shall be set back, recessed, or screened so as not to be visible from adjacent residential lots, and in no event shall a loading dock be closer than severity-five (75) feet from a property line fronting upon a street unless otherwise approved in writing by the CITY and DEVELOPER. s. Maximum Lot Coverage. The building footprirn shall not exceed fifty percent (50%) of the building lot. Noise Abatement. Activities conducted in rear yards adjacent to residences shall be limited to 6:00 a.m. to 10:00 p.m., or at any time which would unreasonably disturb or interfere with the peace, comfort and repose of owners or possessors of real property. All lots within the Property shall comply with the provisions of City Ordinance No. 649 (Public Disturbance Noises). u. Dust Abatement. Lot owners shall perform at least yearly dust abatement on storage yards, unless said yards are paved. Upon ten (10) days notice to the property owner, more frequent dust abatement may be required by the CITY. Failure to comply will result in a violation of this Development Agreement. EXHIBIT "B" 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 5 Maintenance of Improvements. All improvements referenced in this agreement shall be perpetually maintained by the DEVELOPER and/or their successors, heirs and assigns in a neat, aesthetically pleasing and workmanlike manner. EXHIBIT "B" 8/15/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of 5 k Mayor ROBERT D. CORRIE Council Members CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD August 20, 1998 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • Fax (208) 887-4813 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Medimont Subdivision LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208) 884-5533 Street Lights have been installed by the developer in Medimont Subdivision. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The four (4) street lights are located at: Lot 2 Block 1 E. Piper Court & S. Adkins Way Lot 3 Block 1 E. Piper Court Lot 5 Block 1 S. Adkins Way Lot 2 Block 2 E. Franklin Road & S. Adkins Way - 250 W See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~~ William G. Berg, Jr. City Clerk 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 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM: ROBERT D. CORRIE Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved the elec lights in ~'Ll can now proceed with the activation. R,~~E~D AUG 1 9 1998 CITY OF MERIDIAN wiring and associated components for _~, street lr .Idaho Power Co. Harold Hudson, Electrical Inspector . HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding DepaRment (208) 887-221 I Motor Vehicle/Drivers License (208) 888-4443 r'OUNGIL M MB RS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & 2 COMMI SION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: ~ l ~ `~t~ C:\OFFICE\WPW PI\OENERAL\HL.BWdSP.IbdO " 10/08/97 10:49 $208 323 9336 J-U-B BNG. BOISE ~ :1208-388-6532 ~ Oct ~ 97 * 301ft ~ 223Ct SA-ti _, , 26~ft ~ ~ 002/002 1019 No .004 P .02 N >> M (, a~ wi.wis 1P- + ~ I ~ Z6 1!• S ~ s a : ~ ~ /"1 klf' ~• Sq.Z 54-3 --,. E. Piper Collrt _ l ~ . t " .~~5 M .,,, ~' ~ ` ~ ~ 2 .,oa: f 1 a y \ a tri «~~ • -• l - SA-d f Tr•11S pl,ltl THA ~ BT t PG1aStBIL ~ ~ }~IRM FiES HEi1B u NOT CN11KG~• 1 gY ID+~ ~~ + ~ ~c~Y. T4~ ~t5 It3Ca1 8 Z~ W SA~-7 ' .w~+~" ~~~. ATT E}PS $ 7i?~C U6flTS ~W~ SNB 4' CONDuri' prv W j0#p - w Q 0 0 ~ ~ ~ 0 (d ~ ~ ~ 0 (~ 0 (,~ p ~ ~ 8•CtOrt SA-t Thru 5A-7 3-1 /0 AL Prirrwry " ~ nt M "' N O l 4I m ~ '~` Q ~ W M `" N W M ~"' N R~ ~ l ! ~" ~ ~ ~ ss1~ ! -- ~!- ~ 4 d a ~ ~ $ IA 4 CbAault t2.s kV. Slel-1 to P8-1 3-ZAI. Pr4norr N 4 I.a_ O 0 0 .. V f Li. . Vi ~ ii ~ Conduit Stub z ~ 4 0 ~ d 2 F-12 86k Changed to F~1Z 100E Fuae ! of N N N vii N ~~ P vious Plot 6rop Ne. Tar cea. ' ~ ~ ~ p/ u Tree Pala/ rw~h wb. ~t_ F..d•r Fc. Field t:esatton: w6$~@t'r1 lines n~_ orf~.: Meridian rob titi.i Medtmol7# Subdi i i (C i v s on ommerc al) Jab oae: UG Pnmory Backbone #0 9~ Lots '~°'~ ' ~~ CS7 ,a , p8196.a Yoknq~ Conet. 12.5kv op. 12. 5kv F..a.r-Ne, MRDN-012 b oabr Btot• Cwmty Olt. ru~c.a MDS o-~-9~ ip ADq 33 Coaipl•ad setion Townsiwp Rorge M•ddan Piet w 18 31V 1 E . B.M. Fdr. Map Pkk Mqp Ne. (R-FIU~ Work Ont~r Ne. ~,~,., ~ 03010 ~ snt ~ Fem. ~,~,~ r,,, Fa•d•r IAap O' RLFa L[ap Q o o d ~u MRDN 120 t ~ 45 217 166 ~tlV 1''V R'L'1~ G U. ~roRl{ ORDER MAP o ZW 400 sn•ac ~ or , ~ . . • • ELECTRICAL PERMIT Issued: 5/20/'38 Permit No: 12951 OWNER/APPLICANT------------------------PROPERTY LOCATION------------------------ RROPERTIES WEST I 1 MEDIMONT SUP MERIDIAN, ID 83000 I I Lot: Block: Long Legal: 208/345-7523 I Sub: T: S: I Parc No: I CONTRACTOR-----------------------------DESIGNER--------------------------------- ALLOWAY ELECTRIC I 142@ GROVE ST. I BOISE, ID 83702 I 208/344-2507 , I 000/000-0000 I PROJECT INFO-----------=-------------------------------------------------------- Prj Value: $4, 800.00 I Temp Service: Pr.j Type: I Residential Service: Occ Type: COMMERCIAL I N~_~mber of Rooms: Occ Grp: Occ Load: I Electrical Heat: Cnstr Type: I Number of Circ~_~its: Land Use: IOther:STREETLIGHTS I PROJECT NOTES-------------- --------------------------------------------- 3 100 WATT L2 Bi L3 B1 L5 B1 1 250 WATT L2 B2 PROJECT FEES ASSESSMENT--------------------------------------------------------- Amount Paid: X118.00 TOTAL ELECTRICAL FEE: X118.00 Balance Due: $0.00 • 10/08/97 10:49 '3208 323 9358 J-U-B ENG. BOISE X002/002 ~ T~1208-388-6532 ~ Oct ~7 1019 No .004 P.02 a z ft - n a..r• w ~ f .~~ . +a °~"r."'" r~ ~ ~ .. . SAS , Ne ~ ab 1R S s _ 1 /+7EtJf $~* ' 1 GphnfGt ~fir~ t9 +~i~1 mac. 1 sq. a 5~-3 -, . E. Plpar Court ~ SA-5 ~ I f ~ r.ooc s • s Vl ~ ~~' S Of L'"+" ~~IRM Ti~tA hp~~~. ~91ttTY ~,w liEvr~~ ° el: cow TME aos r~ ~ ~ '~ ZSb WA'~'r 1•}PS S'T~.T U6~1T5 -~ (W) ~B,iw1A~~ • 4' CONOtAY' +~ Nptfis: rim 0 0 ~ ~ Q 0 ~ Q (~ 0 ~ 0 0 0 ~ (~ ~ Ssclon SA-t 71eru 5+n-7 3-t /O AL Prhwry " t~l M q+ ~ ~ ~ W M `" N ~- , a ~ ~ ~ W M r+ R'V ~ I i IA 4 COn0ul1; 12.5 KV. SA~-1 to P8-~1 3-YAl Pr4nar O ~ ~ C I ~+- ~ 1 ~ N cn d 4. © ~ ~ ~ ly y Cendult Stub N ~ g , Z F-'tZ 66k Changed to F--12 IOOE Puae H c~it ~ . SA-1 vious Plot Nop Ne. c a. ~ lnr, o- °/u Typo ~,~ ~ R r ~ LeeetTon: Western lines a•c- arfi..: Meridian Job Tftw M di , e mont Su division (Commercial) .toh oew: UG Primary ne #0 9+ Lots ~ ~ Me~ CS70$196.a troRegr con.l. 12.5kv oo. . 5kv Fn.a.r-ka MRDN-012 ~ ooa. seat. evuney aiK. Ne. c.u~c.a wos s-.~-9~ ip ADA 3 3 O~iMse+d S.etion Toweship on d. 11.ridloe pr e w 1 . r $ 31V 1 E B.M. Fdr. pop Plot Mqp Na -Fil4 1NOrk Order Ne. atsad ~ Q~Q 1 ~ 7 ' t ~ Farrel. I.oeotien W. Order t.nn as orr Fa4.r hiap ~ FILb Ulep o a o v' '~'' MRDN 120 i 45 217 i 66 ~f0 FQ H'ER CLf, i~'dRl~ ORDER SAP ° Z°° 40° ~ ~ sn~ec or , • • ~~uB. July 29, 1997 Mr. Gary p, Smith, p. E, City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Smith: RE: As shown on the Prel' ' Inc. ) 208-376-7330 FAX: 208-323.9336 AECE7'-/~cpr JU(. 3 p 1991 CI1y ~minary Plat, there is an existing user irrigation ditch which is situated along the south and east boundary of Medimont Subdivision. In actor Ordinances, the developer is required to the this user ditch. This di number of irrigation water users. Some of these users ar dance with City have a right to the water, but are not using it at the re tch supplies water to a is a list of the water users. Currently, the di a actively using the water, others District, Hunter Lateral, Tap No. 7977R. tch is supplied from Nampa & Me i'dian Irrieview gation Idaho Code states that the owner, whose property the user ditch cr make this water available to all those who hold a water right within the addition, .Idaho Code states that the property owner can re-ro osses, must continue to manner he chooses as long as the amount of water right conve subject ditch. In ute the ditch or the it in any affected user, yance is not reduced to each Therefore, a pipeline design has been prepared which includes 13 t property owners to the east of Medimont Subdivision. There are six nei h water from the existing irrigation ditch. The pipeline de • aps for the adjacent "checking" of the water to create a head on the pipin s st g bors who are taking arrangement can be eliminated. This method ~,,, sign is such that it allows for the early in the planning stages. Property owners h g y em so that the old siphon tube as discussed with the existing water users take-outs, or to -, ~ ave marked where the N', Located. The design has accrn;r7;cda~ed all uscr,, y would like their The pipeline design will include a closed conduit system with a valy allow each individual property owner the o e at the property line to her watering. Once the check structures in hetmainyline arersettht amount and time of his or access the main line for operation. Any water not being used will be aut discharged over the check structure and continue dow here will be no need to omatically nstream. We have sized the main tine and each service to deliver the maxim this ditch. This means that if a rotation is used, each propert ow of water. In fact, the main line has been oversized to accom um water right available in delivery. Enclosed for your reference is a co y ner could have a full head line and the 6" service to s. modate the wet year water P As can be seen by using the check ng featu~es for the 12" main will have more hydraulic head to use than existed within the old irri each lot owner gation ditch. J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South t3eechwood Avenue, Suite 201 Boise, Idaho 83709-0944 MEDIMONT SUBDIVISION N0. 1 (Properties West, Gravity Irrigation Pipeline Analysis ~~-u Engineers Surveyors Planners Mr. Gary D. Smith, P.E. July 29, 1997 Page 2 There is not a formal water user association for this existing irrigation ditch. Therefore, the irrigation plan design was sent, by certified mail, to each water user along with a letter explaining the proposed piping of this user ditch and asking for their input. The letter also asked that each water user vote on the proposed piping plan. If, the user opposed the design, he had the opportunity to vote "no" and mail it back to our office. If the user agreed with the .plan, he did not need to respond. We received six "no" votes. This vote amounts to 13% of the eligible users. Therefore, the amount of favorable votes is 87%. A copy of the affected users is attached showing the Vote Summary. We have interpreted these votes to be an approval of the water users to pipe the ditch as planned. We believe that this letter satisfies the City Final Plat Condition that requires an approval of either NMID or the Water Users Association. Please review the enclosed information. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~`~ G~~ Gary A: Lee, P.E./L.S. Project Manager GAL:Idw Enclosures cc: Jon Barnes, Properties West, Inc. f:\projects\11130\admin\City Ltr7.doc MEDIMONT SUBDIVISION AND AFFECTED WATER USERS rr+~^ PREPARED: May 14, 1997, Updated July 21, 1997 ~~ , ~ w BY: GARY A.LEE, P.E./L.S. Reviewed with NMID Ditch Rider, Larry Gilmore, 888-4185, in field Tap 7977R is split at the south boundary of Medimont and flows east and/or west - L. Gilmore said that 55" is maximum delivery from this headgate on wet year, reverts to 5/8" in dry year PIPING OF DITCH ALONG EASTERLY BOUNDARY OF MEDIMONT SUB Tap No. Assess. No. User Name Phone Irrig. Ac. Miners Inches % of Total Approval of Plans Vote Summary yes no 7977R 882 Builders Market Place, Inc. _ 888-4050 12.10 8.77 22.1 % 8.77 7977R 882A Builders Market Place, Inc. 888-4050 6.52 4.73 11.9% 4.73 7977R 883 Berry, Arthur -Tamura, Doug 343-2931 2.69 2.00 5.0% 2.00 7977R 1042A IVADCO, Inc. 888-5467 2.38 1.58 4.0% 1.58 7977R 10426 Smith, Robert 888-2851 2.25 1.49 3.8% 1.49 7977R 1042C Little, Gary 888-4203 1.35 0.89 2.2% 0.89 7977R 1042D Pressley, Frank 888-4486 1.00 0.66 1.7% 0.66 7977R 1042E Roberson, Archie 888-1764 1.05 0.70 1.8% 0.70 7977R 1042G Properties West, Inc. 345-7523 2.30 1.52 3.8% 1.52 7977R 1042H Roberson, Arccie 888-1764 0.41 0.27 0.7% 0.27 7977R 1042K IVADCO, Inc., 888-5467 2.37 1.58 4.0% 1.58 7977R 1042 Properties West, Inc. 345-7523 19.87 12.12 30.6% 12.12 7977R 1042E Wetherell, Jim 888-1999 1.00 0.66 1.7% 0.66 7977R 1042) McClure, Monte 888-5467 4.00 2.65 6.7% 2.65 TOTAL USE -EAST DITCH 59.29 39.62 100.0% 90% 10% PIPING OF DITCH ALONG SOUTHERLY BOUNDARY OF MEDIMONT SUB 7977R 1043C States: Mary Ann 7977R 1043D Snider, Melvin 7977R 1043 Shuter, Robert 7977R 1043E Lile, John 7977R 1043E Amyx Builders, Inc. TOTAL USE -SOUTH DITCH - TOTAL OF BOTH DITCHES 939-6886 0.89 0.55 7.0% 0.55 888-3220 1.38 0.84 10.7% 0.84 4.18 2.57 32.7% 2.57 887-6248 0.25 0.15 1.9% 0.15 322-6244 6.10 3.75 47.7% 3.75 12.80 T.86 100.0% 67°k 33% 72.09 47.48 100.0% 87% 13% a aX a H I ' ~ I ! ~ i I I I I ' I ' x I to I I I to o' Ir ' I 1 I Iv1 01 f ; ~.. , j.i l yymao o ~ I I .-.' b I ... m M rIo M a i i i m'ol I I I I I I I I 1 1 a W F o m o . I o . I r o I . I u1 I . I W' ! o b b i I mlol In i" j , ' b; O I I I I ~ I I j I I F W 1!1 I I C I r-I V~ I v .a I ,-i i v I N rl rl rl v ri I t ri I rl I .a I •+ I I .i I'.I I , . I i ~ : ! ~,n l . 3 I] I I I i I I I I ' ~ l I i I ~ - I ': b I i I I I I 1 1 1 1 i l I I i 1, ^i E ! I I , ! I jw l ! j j 1 ~ ~ x E i~ a im' Irl I I,Ni 1 m 'ol 'b' . iM !u1 !,~; r: m. a .• .y~ i '°I Iv. 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'; o N I I •+I INI N I jNI I i i I j IMI jNI 1 I I I I I I r y ~ I~ 1; I I t of Io io im ' o o, IoI of ml oI I ' I of oI , • o o~ ~ I ~ of ri .a' of o lob to o' ~ ., r ~u I mI I.~i 'v ~MI j01i r ' a~ : Ni IMj ,O Ir' i 10' iNl 101 :M: M Mi !N'. ,'.11 r-1i ~ .y ': to j 0 O~ O' 01. lA Mi iO I 01 ' ml 110 !a'I ~ O 1 N i 'NI ,N ~ N ', N i : N ~~ ' N I , I 'I ri '. rl, 'ri' ''i! I i r: 1p. :u1. Sri a; r1 N .~~ mi ~ of ~ ~ : a; a' 'a x~r a~ a; a' a: x' x a; ai ' al o: gal ' a' ' a a~ o' io: of F! F~ F) ItO iC~ Fi F: F.' F'', ppj Im .~q '. ai ANALIZE TAPS ~~'u B= MEDIMONT SUBDIVISION SERVICE IRRIGATION PIPE CALCULATIONS PREPARED BY: GARY A. LEE, J-U-B ENGINEERS, INC. PROJECT NO.: 11130-03 DATE: July 25, 1997 ASSUMPTIONS: PVC Pipe, n = 0.010 Service Pipe Dia, = 0.5 feet Q = 0.463/ n * d~ 8/3 * s~ 1/2 All services will receive maximum rotation of 39.62 miners inches or 0.79 cfs TAP NO. STATION HYDR. GR. HYDR. GR. LENGTH HYDR. CAPACITY REQUIRED AT MAIN AT OUTLET OF 6" SVC SLOPE (cfs) DELIVERY * ** (cfs) 1 1,992 2,634.52 2,633.73 50.2 1.58$ 0.92 0.79 2 2,004 2,634.51 2,633.73 50.2 1.56$ 0.91 0.79 3 2,057 2,634.48 2,633.57 52.8 1.72$ 0.96 0.79 4 2,139 2,634.43 2,633.22 54.4 2.22$ 1.09 0.79 5 2,194 2,634.34 2,632.85 56.5 2.63$ 1.18 0.79 6 2,251 2,634.30 2,632.60 58.4 2.91$ 1.24 0.79 7 2,368 2,634.23 2,632.14 61.6 3.40$ 1.34 0.79 8 2,431 2,633.54 2,631.54 45.0 4.45$ 1.54 0.79 9 2,448 2,633.53 2,631.58 45.0 4.34$ 1.52 0.79 10 2,570 2,632.58 2,630.58 45.0 4.45$ 1.54 0.79 11 2,612 2,632.56 2,630.48 45.0 4.62$ 1.57 0.79 12 2,620 2,632.55 2,630.91 45.0 3.6~$ 1.39 0.79 13 2,880 2,630.91 2,629.65 45.0 2.81$ 1.22 0.79 * The Outlet hydraulic grade is the elevation of the water surface within the existing concrete ditch. However, the actual grade at the point of delivery is somewhat lower in all cases since individual - delivery has been thru a siphon tube arangement (ie, the elevation of the receiving ditch or pipe is lower than the concrete ditch water surface.) The design shown is conservative. ** Includes 20 feet equivalent of pipe for a fully open 4" gate valve Gary A. Lee, P.E./L.S. Page 1 7/29/97 -----, -s ~ ..I • AMENITY W.S. 2823.0 -•- - ~^.--r-- ~ INV. 0. 2621.0 ~ ~ I RISER 0. 2628.0 I Z~ ~ ~~ i 5~ CONSTRUCT B' CHAIN UNK FENCE. 1 WSK)E R ~ BOX, CONNECT TO EXISnNG ,~~,... 12" PIPE 32+n.31 .___ ~~ n n in 46 LF 12" IRR m w s. ze23.o , GRADE m owlw ~ i II ~wSER ~ IRR. Box 1 2826.0 STA. 31+5 . IRR. BOX 2 !8 U' 12" WRSTA. 31+07.93 ~ 1 J I I wR. Box 3 I STA. 29+00.32 I~ t7B'~5 ~ I TAKEOUT /13 Wool oourtr li I S.~ 1 M .~ ~ I{{I ~ ~I 11 ~ ~• ~1 I 000~11^^MMMIII rl 1 eLOCX t I S IRR. BOX 4 I STA. 27+02.19 CONSTRUCT 6' 5 CHAIN UNK FENCE, 1' INSIDE eLOdI 2 ~ OF LOT 2 I ~I 23+70 NI TAKEOUT /12 ~S n~ ----~/r.. - . ~I 25+66 TAKEOUT /n 4 I I ~ IRR. BOX 5 25+21 STA: 24+97.27 TAKEOUT /10 -- Tc TAKEOUT /9 24+31 - 83 if 12" IRR TAKEOUT /8 23+8E TAKEOUT 7 IRR. eox a STA. 24+19.13 rc ~ N I ~ 1 2+St TAK T _ _ 0 N 21 +94 (TAKEOUT /5 1 ~~ 21+39 TAKEOUT s i~ -- i I d S NOTE: REINFORCING SAME ~~ t $ ~N AS IRRICAflON BOXES 2 THRU 9 H INVERT ~ IRRIGAII0N BOX 10 aSnNG - N.T.S. 10 LF 12" IRR 407 LF 12~ IRR 223 LF 12' IRR --- ---'- rw _ I"F-- - Ila -- IRR. ~ .nX 1111 w STA /0+00 REMOVE EXISTING IRRIGATION STRUCTURE INSTALL 3 lF. 12" RCP. TERMMIATE IRR. BOX 10 STA. 14+07 . i4 NE 1 4 ~ 12" RCP AT PROPERTY UNE 9+90 MATCH 12' RCP INV. TO EXIST. TAP 7077R BOTTOM OF DITCIi ELEV. HUNTER LATERAL INSTALL TRASH RACK ON PIPE I N EN0. SEE DETAIL THIS SHEET. p ~ • NN O 01 j~~~ ~~~~~ X~~~~ X ~ 8~~~~ 8~~~~ 3~ &~ -- ~~ZZ ~ i> I H IRR. 80X 7 STA. 2t+33. 99 20+37 (TAKEOUT /3 +O4 N IACEOU__~ _P~____ ~ 9+92 N AKEOUT /II s 223 if 12" IRR -_ __ _ . __ ~.t_ - --- IRR. ~X 9 ;~ IRR. BOX 8 STA. 16+30.04 STA. t8+53.07 N r n ~ ip ~ N ~~ ~N ~~~ O N ~ R x~~ ~N~~ _ . ~~» ~ ~, , .. . .~, tt ~. ,~ ~~ i l A. J. Bohner BOHNER CHASAN & WALTON 1459 Tyrell Lane P.O. Box 1069 Boise, Idaho 83701 Tel. (208) 345-3760 Attorneys for Plaintiffs ^~ COPY P.M. ---,~ JUL 281997 J. DAVID NAVARRO, Clerk By lETICw ElWOOD DEPUTY IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA JAMES N. WITHERELL and ANN L. WITHERELL, husband and wife, and DOES 1-25, Plaintiffs, vs. CITY OF MERIDIAN, a municipal corporation of the State of Idaho, and its duly elected Mayor, ROBERT D. CORRIE, and its Councilmen, namely WALT MORROW, RON TOLSMA, CHARLIE ROUNDTREE AND GLENN BENTLEY, Defendants. 'CU OC CASE NO. COMPLAINT 9704203a~ COME NOW PLAINTIFFS, James N. Witherell and Ann L. Witherell, by and through their counsel of record, Anthony J. Bohner, of the firm Bohner, Chasan & Walton, and state as follows: PARTIES 1. Plaintiffs are individuals, husband and wife, who at all relevant times were residing in Meridian, Ada County, Idaho, and own residential property located therein. COMPLAINT - 1 2. Plaintif~ • Does 1 through 25, are individuals, partnerships, corporations or other entities who were in some manner injured or aggrieved by the acts and/or omissions of Defendants as alleged hereinafter. The true names of Does 1 through 25 are unknown at this time. Such Plaintiffs are therefore joined using the fictitious names Does 1 through 25 and Plaintiffs hereby seek leave to amend this Complaint at such time as the true names of Does A through Z becomes known. 3. Defendant City of Meridian is a municipal corporation located in the City of Meridian, Ada County, Idaho. Robert D. Corrie is an individual and the duly elected Mayor of the City of Meridian and was acting at all relevant times in that capacity. Walt Morrow, Ron Tolsma, Charlie Roundtree and Glenn Bentley are individuals and councilmen of the City of Meridian and were acting at all relevant times in that capacity. JURISDICTION AND VENUE 4. This Court has jurisdiction over this action and these Defendants pursuant to and by virtue of Idaho Code §§ 1-705, 67- 5273 and 67-6521(1)(d). 5. Venue is proper in Ada County pursuant to and by virtue of Idaho Code § 67-5272. 6. Plaintiffs have e$hausted all available remedies under local ordinances. GENERAL FACTS 7. On or about July 1, 1997, Defendants approved a Development Agreement, pursuant to I.C. § 67-6511A, with COMPLAINT - 2 • • Properties West, Inc. A true and correct copy of this Development Agreement is attached hereto and incorporated herein by reference as Exhibit A. 8. Pursuant to the Development Agreement, Defendants approved the development of certain property located within the City of Meridian, Ada County, Idaho. Prior to that approval, Defendants annexed said property and rezoned said property from Rural Transitional to Light Industrial. 9. The Defendants approved the Development Agreement without a final agreement on the Conditions, Covenants and Restrictions applicable to the development. The annexation ordinance which Defendants passed in regards to this development was passed with all development property on the east side of the property being conditional use, corner to corner, back to back. The Development Agreement approved by Defendants, howeve"r, violates this annexation ordinance in that only four lots in that Development Agreement are restricted to conditional use, a much smaller area than the annexation ordinance requires. 10. The Development Agreement approved by Defendants is violative of the City of Meridian and/or Ada County ordinances regarding setbacks for, yards. The Development Agreement approved by Defendants requires only a 20 foot setback for yards which is in violation of the applicable ordinance requiring a minimum 30 foot setback. This 20 foot setback is also in violation of the applicable ordinance in that it includes an easement from Idaho COMPLAINT - 3 Power. The final plat ro osed for this deve~ me P P p nt conflicts with the Development Agreement Defendants approved. 11. Plaintiffs own residential property immediately adjacent to the property involved in the Development Agreement between the Defendants and Properties West, Inc. The development at issue has direct impact upon Plaintiffs and their property. The Development Agreement allows hours of operation between 6:00 a.m. and 10:00 p.m., failing to take into consideration the residential properties immediately adjacent to the proposed industrial project. The Development Agreement approved by Defendants fails to make any provision for light, sound or dust abatement from the industrial uses currently approved which will occur immediately adjacent to Plaintiffs' residential property. 12. The Development Agreement fails to include a condition that no hazardous materials be stored, used or allowed next to adjoining residential properties. The Defendants failed to include this provision although the City of Meridian's Planning and Zoning Commission approved said condition. The Defendants failed to adopt other recommendations by the Planning and Zoning Commission, which failure materially and adversely affects Plaintiffs. The Development Agreement fails to protect against contamination of Plaintiffs' water source by the uses approved under the Development Agreement. 13. I.C. § 67-6511A speaks to rezoning, not the creation of a new zone, which is the intent of the City of Meridian in using this Code section. The City is also attempting to annex the COMPLAINT - 4 property, not merely rezone it. I.C. ~ 67-6511A is not intended to allow local government to modify zoning or subdivision requirements, which the Development Agreement approved by defendants would do. The Development Agreement, as drafted, circumvents use permits and variance provisions that must be adhered to in all development. In these regards, this agreement must protect Plaintiffs, or adhere to the application provisions of the Idaho Code. 14. The value of Plaintiffs' property has been and will be severely diminished by Defendants' actions in approving said development which was in violation of applicable ordinances and in disregard to the health, welfare and safety of Plaintiffs. Defendants actions in approving said development has and will result in a denial of Plaintiffs' quiet enjoyment of their property. Plaintiffs have exhausted their administrative remedies and now seek judicial review of the Defendants' actions. ATTORNEY'S FEES Due to Defendants' actions, Plaintiffs have been required to retain the services of counsel and have retained the firm of Bohner, Chasan & Walton, to prosecute this action. Should Plaintiffs be successful in this action, Defendants, in addition to being responsible for Plaintiffs' costs incurred herein, should be responsible for Plaintiffs' reasonable attorney's fees incurred herein pursuant to the the Idaho Code, the Idaho Rules of Civil Procedure, or other applicable law. A reasonable attorney's fee, should this action be uncontested, is the sum of COMPLAINT - 5 • • $2,500.00 and should said action be contested, the sum of $125.00 per hour for time expended on Plaintiffs' behalf is a reasonable attorney's fee herein. CLAIM FOR RELIEF WHEREFORE, Plaintiffs pray for a judgment, order and decree of this Court against Defendants, which provides as follows: a. For a stay of all development and a stay of the subject development agreement, pending resolution of this action, pursuant to I.C. § 67-5274; b. For reversal of the approval of said Development Agreement and remand to Defendants for further proceedings consistent with the Court's order; c. For protection of Plaintiffs' interests by imposing terms and conditions on the subject development which safeguard such interests and which require compliance with such terms and conditions as a prerequisite to approval of any development agreement with Defendants; d. For Defendants to comply with all applicable city and/or county ordinances in relation to said development; e. For reasonable attorney fees; f. For costs and expenses; g. For such other and further relief as the Court may deem just and proper under the circumstances, including, but not limited to the amendment of this Complaint. COMPLAINT - 6 f DATED this day of July, 1997. BOHNER, CHASAN & WALTON By ny J. Rohner COMPLAINT - 7 VERIFICATION SUBSCRIBED AND SWORN to before me this ~~a~ ~ day of July, 1997. n :. .~ ~ u ,,.••'`"o$y NOTARY PUBLIC F , ~ ILY O ~~.• ~ ••.« Qla My commission •• JIB ~, expires : (~ /,,14 -D ~ P ~ ~ '~' ON a? . •,~i ~f ~N~~~ I swear under penalty of perjury and the laws of the State of Idaho that I have read the foregoing document and believe it to be true and accurate to the best of my knowledge. ~, es N. Witherell COMPLAINT - 8 • )EVELOrItiIENT AG1tEEl~>(EN'I' THIS AGREE~IT, made and entered into this ~ day of 1997 b and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, part of the first part, hereinafter called the "CITY", and Properties West. Inc., parry of the second part, hereinafter called the "DEVELOPER", whose address is 1401 Shoreline Drive Boise Idaho 33702. WITNESSETH: WHFRF AS, DEVELOPER is the sole owner, in law and/or evuiry, of a certain tract of land in the County of Ada, State of Idaho, described in E.~chfbit "A" (Property), which is attached hereto and by this reference incorporated herein as if set forth in foil; and ~TI~RE~-1S, the Stale of Idaho le~siature, in 1991, passed Idaho Code, 67-65I1A, Development Agreements, which provides that cities may eater into development a~eements with developers upon rezoning and annexation of land; and . . WHEREAS, the CITY has passed two development averment ordinances, one when land is rezoned. 11-2-=? 16 L, and one when land is annexed, when it is also rezoned, I I ~--# 17 D; and WHEREAS, the DE4~L,OPER submitted and the CITY has approved annexation and zoning to Licht Industral (I-L) of the Property to allow a limited use light industrial project on said Properr;~ and has submitted a ~ubaivision plat for said Property; which was recommended for approval with conditions of the ~ie:idian City Council; and WHEREAS, the DEVELOPER has made rearesentations at the public hearinss before the Meridian Planning and Zoning Commission and the vferidian Ciry Council as to how the Propeny would be developed and what improvements would be made; and WHEREAS, the CITY hg's authority to place conditions and restrictions upon annexation or rezoning of property; and .f. ~. WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agrer:nent; and ~THEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the Property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. 6/30/97 MEDIl1~10NT SUBDIVISION DEVELOPIViE~1T AGP~NT Page I ~...,. ~ . ~: '+ ` ~; NOW, THEREF(~, IT IS I~REBY AGREID AS FOL~VS: DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this agreement, as a condition of the annexation of the Property, as follows: I. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the e.cpress wrirten consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Develop and construct a light industrial subdivision restricted as identified in the CITY's Zoning Ordinance, with the exception that the following uses are not allowed: - Asphalt and concrete operation - Automobile wrecLins yard and storage - Fuel yards V - Junk yards - Mobile home manufacturin_Q - Recycling plants - Solid waste transfer stations - Pla~-uied Unit Development - Gene:a~. planned residential b. Submit to the CITY applications for site plan review and obtain the CITY's approval thereof, prior to, and as a condition of, the commencement of constn.:ction of anv builain~(s) or improvements on the property, upended for industrial or other uses. c. Submit an application :cr conditional use, and obtain the CIT`I's approval thereor: prior to. and as a condition o£ the commencement of construction of any buiiainQ(s) or improvements by DE4~LOPER or use by DEVELOPER of Lots 6, 7, 8 and 9 of Block 2 of the Property. Said conditional use permit application shall contain fully detailed landscape and binding plans, including elevations. d. Submit a final subdivision plat application of the Property to the CITY to be approved by the CTTY and recorded in the Ada. County Recorder's office prior to amt development. . 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGR.EEI~NT Page' 3 • That DE~,OpER will file with the City Enginee~omplete set of Improvement Plans ("Improvement Plans") showing all internal streets, curbs, gutters, sidewalks, utilities, required transitional paving in Franklin Road, pressurized irrigation facilities, P~P~g eons, tiling and piping of irrigation ditches, fire hydrants, sewer and water lines and appurtenances (including extensions along the ~terior boundary of Property), common area landscaping, drainage, street and other similar signage, barricades, and other such improvements contemplated within the development, which Improvement Plans, and all improvements shown thereon, shall meet the approval of the City Engineer. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference, and are referred to herein as the Subdivision Improvements. It is weed that the improvements to be constructed and installed by successor owners for individual building lots within the boundaries of the Property (hereafter "On-Site Improvements") shall be subject to approval by the CITY in the normal course of the CTTY's issuance of conditional use and building permits for the construction of a building on such separate Iot, with the CTTY's remedy for the failure to construct or install such On-Site Improvements being as provided in the Ordinances of the CITY or the denial of a Certificate of Oce.~pancy with respect to the buildins constructed on said lot. The failure of the owner of a lot within the property to construct or install the On-Site Improvements on said lot shall not affect or inteiere with the issuance of a building pe.~nit or a Certificate of Occupancy with respect to 2ny other lot within the property, pro~zded the owner thereof is in compliance with the terms and conditions of the anprovaIs granted for that Iot by the CITY and/or the plans approved by the CITY for the building constructed thereon, provided that the o:vne:- of the lot is not the DEVELOPER named~herein. 4. That DEVELOPER will, at his or their own expense,, construct and install all Subdivision Improvements, as wet as arty and all other improvemenu as re~rie:ved and approved by the CITY. 5. That DEVELOPER will construct and install ail Subdivision Improvements in strict accordance with a flied and approved plat and Improvement Plans, and the Cirv Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 6. Tnat DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and what improvemants he imends to complete and the time schedule therefor, and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 7: That DEVELOPER wdI have "corrected" original drawings of the Improvement Plans prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate myIar copy of said Plans. The Improvement Plans of the 6/30/97 NiEDIMONT SUBDIVISION DEVELOPME~1'T AGREEl1d~1T page ; proposed ir~vements shall be "corrected" to show. actual constructed location (both horizontally and vertically) of the various streets, water and sewer lines, all utility lines, piped irrigation ditches, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The "corrected" Improvement Plans shall include a "Certi$cation" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. That DEVELOPER shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 9. That DEVELOPER agrees, upon a Finding by the City Council, duly entered in the official minutes of the procerdinss of the Ciry Council that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health. welfare and/or safety of the inhabitants of the CITY. the DEVELOPER will, within a reasonable tune as determined by the CITY, canst: sct said needed improvements, or, it he does not so construct within a reasonable time after «ritten notification of such Council anion, and the CITY thereafter dete.~:runes to construct, and does construct such improvement the DEVFZOPER will pav to the CTIY the actual cosu paid or incarred by the CITY for such improveme^ts so consU-uced by the CITY, plus interest thereon at an annual interes rate equal to the prime imerest rate ofFirst Security Bank of Idaho plus five percent (~.0°%) until paid, said payment to be made in such manner and under such terms as the CITY shall orcer after conference with the DEVELOPER. Provided, however, the City Council s,'~all not mare :he Finding set forth in this paragraph except at a regular er special meerins of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counse? and to be heard on the merit of the proposed Finding. I0. inat DEVELOPER agrees that ut;on its having received written notiication from the City Engineer, that any of the requirements herein specified have not been complied with within arty phase of the Subaivision Improvements, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within the Property and/or shall have the right to withhold the pro~zding of culinary water service to any parcel within the Property until such time as aII requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the .Ciry Council at any regular meeting after any Certificate of Occupancy or grey water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Councl shall then decide whether said Certificate of Occupancy shall be issued or water service to said parcel allowed, and its decision shall be final, except that the rights of the parties are 6/30/97 ItifEDIMONT SUBDIVISION DEVELOPiVIEy~I' AGREE.bIE~1T Page 4 preserved ~tw and equity, including, but not limi~to, the right of appeal'to a court of competent jurisdiction. 11. That DEVELOPER am-ees that as set,-unity for the construction by the DEVELOPER of the Subdivision Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City ofMeridian, and the CTIY shall have the right to withhold a buirding permit with respect to any lot within the Property until the same is provided by the DEVELOPER, Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation rystem, Iandscaping and berming, and fencing. 12. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements as listed on Exhi'oit "B" are cvmpleted, unless the CITY and the DEVELOPER have entered into an addendum agreement stated when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. I3. Tnat DEVELOPER agrees, in recognition of the unique and pec~sliar circ~smstances re?alive to this development, to the special c.^,naitions set forth in E~chibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around buuaing construction areas to contain debris prior to any construction, except where roadways and streets for acc.~ss are located and except where the CITY has asre~ in writing that such fenc~:ag is not necessary. I4. That DEVELOPER agrees that those portions of tl•.e water main or sanitary sewer Lines, as identifier in the Improvement Plans, requiring increased line size or capacty because of future service nerds originating from properties not owned by DEVELOPER and located within the vicinity of the subject development, will be constructed by the DEVELOPER. In recognition of the cost savings which can be accomplished by construction of suca e.YCess capacity andlor improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracacaliry or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such fac.liries subject to the CTTY's entering into a late comers agreement to re.mburse DEVELOPER for any such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualined and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work Such bids shall be solicited and itemized in a manner which allows clear and spec~.fic identincation of that portion of the construction work representing excess capacity. The CTTY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be Invited 6/3 0/97 MEDIMONT SLBDIVISION DEVELOP?tiIEVT AGR.EEM~1T Page 5 to the Iowef such bids irrespective of whether the~est bidder is in fact selected by DEVELOPER to perform the work. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified ma~T, postage prepaid, return receipt requested, addressed as follows: CITY of iliferidian: City Engineer City of vleridian 33 East Idaho 1~feridian, ID 83642 with copy to: Wayne G. Crookston, Jr. Fitzgerald, Crookston & Fitzserald P. 0. Box 427 l~feridian, ID 83680 DEVELOPER: Prooerries West Inc. c% Jon L. Barnes 1401 Shoreline Drive P. O. Box ?797 Boise. ID 83701 A parry shall have the right to chance its address by delivering to the other pat ~y a written notification they eof. T'ne parties may at anv ~:me herear'Ier moaiiy or amend this A~eemeat by a subsequent write : arereenzeat executed by the parties. T'ris Agreement shall not, however, be changed orally, nor shall it be deemed modified in any wav by the act of any of the pares hereto. Nothing herein is intended, nor shall it be constnie~',., as obliQatins a party ro asre~ to any modification to this Agreement. 16. That DEVELOPE.'Z agrees to pay aII recording fees necessary to record this Agr-eemeat t~rith the Ada County Recorder`s grace. 17. All coveaanu and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. I8. This Agreement shall become valid and binding only upon its approval by the City Councl and execstion of the \~favor and Cirv Clerk. 19. That DEVELOPER a~ees to abide by all ordinances of the CITY of l~feridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Aggreement, and the Ordinances of the CTIY of l~leridian. 6/30/97 MEDIMONT SUBDIVISION DEVELOPItiIE,1T AGREE:1~i 1T Page 6 DATED the date,~nth and year first aPP~3- DEVELOPER sy Jon L. Barnes, President CITY OF MERIDL~v By Robert D. Corrie, vfayor By William G. Berg, Jr., City Clerlt • 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREII1~i~IT Page 7 STATE OF IDAHO ) • • County of Ada ss. On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Jon L. Barnes, known, or proved to me, to be the President of Properties West, Inc., who eecuted the foregoing instrument, and acknowledged to me that he executed the same on behalf of such corporation Iv WIT,i LESS WIiEREOF, I have hereunto set my hand and affi:ced my official seal, the day and year in this certificate frst above written. (SEAL,) STATE OF IDAHO ) County of Ada Notary Public for Idaho Residing at: My Commission E.Ypires: ss. On this day of , 1997, before me, the undersized, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIr1~vI G. BERG, JR,lmown to me to be the Mayor and City Clerk, respectively, of the City of 1~Ieridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and ac.~tnowIedQed to me that said Ciry of 1~feridian executed the same. liN WI?ti~SS 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: guy Commission Expires: 6/30/97 MEDIMONT SUBDIVISION DEVELOPItiiElVT AGR.E:EME~I'I' page 8 • DCHIBIT `A' • TO THE DEVELOPMENT AGREEMENT • • BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PROPERTIES WEST, INC. LEGAL DESCRIPTION A portion of land within the NE 1/4 of Sec~on 18, T.3N., R.1 E., B.M., Ada County, Idaho, more particufariy as follows: Commencing at a found brass cap at the section comer common to Sections 7, 8, 17 and 18 of T .3N., R.1 E., B.M., at the center line intersection of Franklin Road and Locust Grove Road; thence Westerly along the center line of said Franklin Road and the section line common to Sections 1 and 18, South 89°46'18" West 480.70 feet, the REAL POINT OF BEGINNING; thence leaving said center line and said section line South 02°14'38" East 187.40 feet to a set X18" rebar with cap P.E./L.S. 3260; thence South 00°58'43" West 494.50 feel to a set 5/8" rebar with cap P.E.lL.S. 3260; thence South 19°08'1 i" East 135.59 feat to a sat Sib" rebar with cap P.EJL.S. 3260; `henca South 01°25'43" West 520.So test to a found iron Nin ~^ the North 1/16 line of said Sa~acn 18: thence South 89°39'40" West 888.27 feet along the said 1/16 Line of said Sec~on 18 to the NE '116 comer of said sec+Jon, from which a found ~/8" rebar bears North 00°2Q'39" East 0.25 feet; . thence North 00°29'39" East 1,332.11 feet along said East 1/16 line to a point on `~tte Northeriy boundary of said Section and the enter line of said Franklin Road; thence North 89°46'18" East 846.40 feat along said Nortt;eriy boundary and canter line of Franklin Road to the REAL POINT OF BEGINNING. . Containing 26.59 ac; es, mare or less. SUBJECT T0: land. All exis`~ng easements and road rights-of--way of record or appearing on the above-described portal of -7- ~~u1.11.711 "B" THE DEVELOPME~t'T AGREE~1~tT BY AND BETWEEN THE CITY OF i~tERIDIr11~t, IDAHO AND PROPERTIES WEST. Inc. 1. DEVELOPER shall develop the property described in Exhibit "~," (Property) as a Light Industrial Development pursuant to §I1-9-607 of the Meridian Zoning and Development Ordinance. 2. DEVELOPER acicnowIedges and agrees that it will be required to submit to the CITY an application for Conditional Use Permit pursuant to §11-?--~I8 of the :l~feridian Zoning and Development Ordinance, and obtain the CITY's approval thereof; prior to, and as a condition of, the commencement of construction of any buildings or improveznenu on Lots 6, 7, 8 and 9, Block 2, of the Property, as well as for those uses specifically required to obtain a Conditional Use Permit as outlined in the CITY's Zoning and Development Ordinance on the remaining lots. 3.. DEVELOPER agrees to comply with all scan and agency requirements. 4. DEVF.i.OPER covenanu and aeTees that, in connection with the development of the Property . as may be approved by .the CITY, DEtiFI,OPER shall, at its cost and e.~cpense, do and perform the following: a. Berming and Lardscaping -Franklin Road. Construct a landscape strip within the Property along the full length of the Property adjacent to the north right-of--way line of Franklin Road ("Franklin Road Landscaping"), except for ariveway accesses. Tne . ' FranIdin Road Landscaping shall be a minimum of thirty-hve feet (3 S') in width beyond required ACHD right-of-cvay, incIudins any necessary bike lanes. Tne Franklin Road Landscaping will be landscaped and sprnitIer irrigated, by means of pressurized irrigation, in accordance with landscape plans to be submitted by DEVELOPER and approved by the CITY. b. Side~Nalk -Franklin Road. At the time of the construction of the improvements upon the Property, construct afive-foot (5') concrete sidewalk and match paving in the public right-of--way of Franklin Road along the full length of the Property adjacern to the north boundary of the Property ("Franklin Road Sidewalk"). The Franklin Road Sidewalk shall be constructed in accordance ~xith the standards and saecifications of the ACHD in effect at the time of construction. If construction of this sidewalk is specifically prohibited at this time, DEVELOPER snail furnish a letter from Ada County l~ghway District outlining reasons for same, along with evidence of appropriate sureties for future construction of the sidewalk. ' EXI~IT "B" 6/30/97 MEDIMONT SUBDIVISION DEVELOP;tifENI' AGREE~IT Page I of 5 c. Dedicatiot~(e of Additional Ri t-of way Fr~Road. Dedicate or sell land adjacent to the existing north tight-of--way line of Franklin Road required to meet ACF-ID's requirement for aforty-&ve-foot (45') right-of--way from the centerline of Franklin Road, including any necessary bike Ianes. d. PlanPlan=p -Eastern Boundary. Provide a.permanent, 20-foot-wide, landscaped . planting strip along the east boundary of the Medimont Subdivision as shown on the approved plat and as represented in public hearings, as approved by the CTTY, and allow no encroachment of this strip. The strip will be planted with six- to eight-foot high Scotch pines at fifteen (15) feet on center prior to obtaining building permits and perpetually maintained to provide a screen for adjacent residential properties.. e. Planting Strip -Western Boundary. Provide a permanent, 20-foot-wide, landscaped easement along all other residential uses adjacent to the Property, and allow no encroachment of this strip. f. Subdivision Piat(sl. DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Propeny, said plat to be in confortnity with the requirements of the Ordinances of the City of Meridian and State Code. g. Plan Approvals. Timely submit and obtain, as part of the regular building permit acquisition process, the required Certincate of Zoning Compliance and approval by the CITY of all drainage and grading pj~ buiidins plans. fighrinQ ply, IandscatritrQ plans, pariatrg and other plans relating to the development of each buildable Iot within the Properrry. . h. Compliance with ACHI~ Conditions of Approval. In the deve!opme:n of the Property, comply with the terms and conditions of the AC~~ Stan Repor~ or as may be required by ACRD in approving Conditional L'se Applications to be &led by DEVELOPER. In cases where ACHD's and the CTTY's conditions of approval corrrlict, the conditions whic.`r are more restrictive shall take prere~?ence. i. Canals. Ditches and Waterways. Tr1e all canals, ditches and other waterways and submit evidence , of appropriate approvals from the irrigation disrict and/or downstream water users. j. Water and Se<Ner Service. Connect all water and sewer facciIiities within the Property to the municipal water and se^~er service of the City of.l~Ieridian. AIl water and sewer fac~liries constructed or installed by DEVELOPER on the Property shall be in accordance with plans and specincations the: efor which shall be fast approved by the CITY. k. Landscaping -General. Construe and install aII Iandscaped areas, as shown on piatrs to be submitted and approved by the CITY, with grass and sprinkler irrigation rystem, ~~~~ ~~ 6/30/97 MF..DIMONT SLBDIVISION DEVELOP:I~IE:~1T AGE Page 2 of 5 except as ~erwise e:cpressly noted on said appro~plans. All landscaping shall comply with the CTTY's landscape requirements, particularly City Ordinance Section 11-2-414.D. Each building site shall be landscaped twenty (20) feet inside the property boundary behind the sidewalk line along any street. Each building lot shall, as a muumum, install a seven (7) foot wide landscaped strip along all interior side lot lines between the front property line, behind the sidewalk,, and the front line of the building. Entry drives and visual triangle requirements are exceptions to this requirement. The remainder of any required setback may be used for automobile parking or for a different kind of landscape treatment. The twenty (ZO) foot landscaped area along any street shaII have a berm w1th an approximate rise of three (3) fees. Landscaping shall also be required on each building lot in all front areas that are not otherwise used for automobile parking. In addition to the required landscaping of required setback areas, any unpaved areas lying within adjacent street rights-of--way shall be landscaped and maintained to the finished sidewalk by the owner or occupant of the property. 1. Pavins -General. All parking areas and driving Lanes required for a specific lot must be paved prior to obtaining a Certincate of Occupane:. For. Iots undeveloped at time of initial building construction, unpaved areas shall have anail-weather surace or temporary fenc*:ng, at the option of DEtiFZOPER m. Payment of Imt•act Fe°s. Pay, in accordance with an orainance of the CTI'Y in effec; at the time of the application by DEVELOPER for a buiidins oerznit, impact fees. transr-er fees (ir appucabie), development lees, or similar fms or assessments whic:~r may be imposer upon. or by reason o£ the developme nt or':~'te Property, based on the uses to be developed on the Prope^v. DEVELOPER ac:.:.owierges that at the date of this :3greementr the CITY does not have in force and effect an ordinance requiring the payment of such fees, but has under consideration such an ordinance. DEVELOPER waives the right, if any, to object to the imposition of such fees on the grounds that the Property was annexed and zoned prior to the adoption of sue:~ an ordinance. n. Li~htins. AlI ligimns will be desirared in accoraance ~~itii ~te:iaian Ordinance Section 2-414.D.3 and approved by the vfe:idian City Engineer. No glare or illumination of adjacent properties, as determines by the CITY, will be perritted, including impacts to Franklin Road. o. Simase. All si¢nage within the Property shall be in ac~rdaace with the uniform Sisa Code and the standards set forth in Section 11-2-615 of the Ciry ofl~leridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zonins Department. A-frame signs shall not be permitted. Sign permits muse be obtained from the Building Department for all signage. . p. Special Setback Reouirements. As represented at public hearings, minimum side yard building setbacks shall be five (5) feet per story from the property line. The minimum ~~ nB~ 6/30/97 MEDIMONT SUBDIVISION DEVELOP~VT AGr'tEE1d~IT Page 3 of 5 rear yard s~ck shall be twenty (20) feet from the p~erty line. Lots 3 through 1Q Block 2, shall have a minimum rear yard setback of forty (40) feet. All other setbacks shall be as required in the Zoning and Development Ordinance. ' q. Planters Walls and Signs. Planters, walls and sign elements not exceeding three (3) feet in height maybe permitted in the front setback areas with the written approval . of the CITY and DEVELOPER, subject to requirements of applicable govetnme~aI agencies. r. Storage. Servicy Vfaintenance and Loading Areas. Storage, service, maintenance and loading areas must be constructed, maintained, and used in accordance with the following conditions. ' (I) .Unless approved in writing by the DEVELOPER and CTTY, no materials, supplies, or esluipment, including trucks or other motor vehicles, shall be stored upon a site except inside a ~iosed building or behind a visual barrier screen of a wall or fence so as not to be visible from any streets or neighboring residential areas. Such visual screens shall be constructed of materials and fuushes compatible with the adjacent buildings if vzsible from street frontage and shall be desired and placed to comple..ient the building design. Storage areas ;hail be located upon the rear portions 'of the site. unless otherwise approved in writing by the ~rchiter urzi Control Committee and the CITY. No storage areas may e~ctend into a setback fronting a stre". (2) Loading dock areas snail be set back, recessed, or screened so as not to be visible from adjacent residential Iots, and in no event shall a loading dock be - closer than seventy-$ve (75) feet from a property line fronting upon a street unless othe.~wise approved in writing by the CITY and DEVELOPER s. Maximum Lot Coverage. The building footprint shall not esc.°ed fury percent (50°.'0) of the building Iot. t. Noise Abatement. Activities conducted in rear yards adjacent to residences shall be limited to 6:00 a.m. to 10:00 p.m., or ax any time which would unreasonably disturb or interfere with tie peace, comfort and repose of owners or possessors of real property. All Iots within the Property shall comply with the provisions of City Ordinance No. 649 (Public Disturbance Noises). u. .Dust Abatemet. Lot owners snail perform at least yearly dust abatement on storage yards, unless said yards are paved. Upon ten (10) days notice to the property owner, more frequent dust abatement may be required by the CITY. Failure to comply will result in a violation of this Development Agreement. •E~~~IT "B" 6/30/97 NIFDIMONT SUBDIVISION DEVELOPMENT AGREEI~iT Page 4 of 5 5 Maintenance of Is~vements. Ali improvements referen~ in this agreement shall be P~P~Y maintained by the DEVFZOPER and/or their successors, heirs and assigns in a neat, aestheticaiiy pleasing and workmanh~ce manner. ~~~~ ~~ 6/30/9? MIDIMONT SUBDIVISION DEVELOPME~1'I' A Page 5 of 5 i ~ ~~-u~= J-U-B ENGINEERS, Inc. ENGINEERS • SURVEYORS • PLANNERS 250 South Beechwood Avenue, Suite 201 Boise, Idaho 83709-0944 208-376-7330 FAX: 208-323-9336 July 24, 1997 Mr. Will Berg, City Clerk City of Meridian 33 East Idaho Street Meridian, ID 83642 Dear Mr. Berg: RECEI'~IED J U L 2 5 1997 ~~ ~~:~~~ RE: MEDIMONT SUBDIVISION NO. 1 (Properties West, Inc.) Phase One Final Plat - 9 lots We have received a Memorandum dated June 26 1997, from Bruce Freckleton, Assistant to City Engineer, and Shari Stiles, Planning and Zoning Administrator, identifying their general and site specific comments concerning the above-referenced application which was before the Meridian City Council on July 1, 1997. We wish to make a response to each of the items discussed in that memorandum. Our response is arranged in the same order and format as the above-mentioned memorandum. GENERAL COMMENTS: An existing irrigation ditch along the eastern boundary is being tiled in accordance with City Ordinance. This ditch is not owned or maintained by an irrigation district. The developer, Properties West, Inc, owns the ditch. It delivers water to Medimont Subdivision, adjacent and downstream water users. The plans have been prepared and reviewed by the City Engineering Staff and all water users who have a right to the water it delivers. 90% of the water users voted to approve the piping in accordance with the plans submitted, 10% voted not to pipe the ditch as designed; however, these "no" voters also identified the locations of the water take out points that they desired. The number of take outs has increased from 8 to 13. A revised plan has been prepared to reflect the tap locations and numbers as requested by these voters. 2. Any known existing wells and/or septic systems on the site will be abandoned in accordance with current health standards. 3. The pressurized irrigation system for this subdivision will be owned and maintained by the Medimont Business Owners Association. Construction plans have been submitted and reviewed by the Meridian Pubic Works Dept. Copies of the Covenants, Conditions and Restrictions have been submitted to the City for approval, which addresses maintenance of the pressure irrigation system. An O&M Manual will be prepared and submitted to the City for review. 4. The pressure irrigation system includes a single point connection as a back up source of irrigation water. The developer/owner will pay the necessary connection fees at the time of connection to the City water system. ~ • • Mr. Will Berg, City Clerk ~`,• V. B/~ July 24; 1997 Page 2 Engineers Surveyors Planners 5. Enclosed is a copy of the Ada County Street Name Committee's "Final" approval letter of the subdivision street names. Please note that they have requested a .name change. Medimont Way will now be Adkins Way. 6. This letter shall act as our response to the City StafFs General and Site Specific Comments. SITE SPECIFIC COMMENTS: 1. No comment. 2. A chain link fence is planned for the perimeter of this subdivision. It will be installed during each phase of construction. 3. This development will include a common utility trench along the public right-of-way. Therefore, there will be no public utilities along the backs of the lots. In addition, the side yard set back in the IL zone is zero feet. Therefore, afive-foot side yard utility easement is not appropriate. Also, industrial users will not generally place public utilities along side yards to their buildings. A 10-foot wide pressure irrigation easement has been added in those areas where the new pipeline will be placed. 4. A 20-foot landscape set back is shown on the final plat along the west boundary of Lot 3, Block 1. 5. All strut signs, road base, pressurized irrigation system, domestic water system and fencing will be installed prior to requesting building permits. 6. Access. restrictions to Adkins Way have been shown on the plat. 7. A detailed landscape plan will be submitted by the owner to the City for all common areas for approval. 8. The final plat notes have been revised per the City's comments. The plan and plat revisions discussed above have been made and are being submitted to Rick Clinton for final, plan review. Please review fhe enclosed information. If you require additional information, please call. Sincerely, J-U-B ENGINEERS, Inc. ~i~---- G A. ee, PE./L.S. Project Manager GAL:Idw cc: Jon Barnes, Properties West, Inc. f:\projects\11130\admin\CITY Itr6.doc ' ,, Meridian City Council • July 1, 1997 Page 12 Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma on the decision, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea Morrow. Is that clear as to what we are doing now and you can have copies of all of this and then you can deal with our staff concerning those two issues. ITEM #10: FINAL PLAT AND DEVELOPMENT AGREEMENT FOR MEDIMONT SUBDIVISION NO. 1 BY PROPERTIES WEST INC.: Corrie: Mr. Barnes, would you like to step up and give us a short review I am sure we have a couple questions for you. Barnes: Yes Mr. Mayor and City Council, I had an opportunity to meet with Ms. Stiles and Mr. Crookston and Mr. Smith regarding our development agreement. It took some time to get together but we finally got that accomplished. We worked through a number of concerns and I think we have worked through things sufficiently. One of the issues that I got to Gary as a witness that Shari will do a site analysis within 72 hours when we present everything to her. I couldn't get it in the agreement but I have Gary as a witness. We worked through a number of issues and I feel good with this development agreement and we will be happy to execute it. I want to personally just to thank all of your for all that you have been through regarding this application. I want to assure you that you are going to be proud of what we are going to go forward with out there. We are going to do a good job for the City. That is basically it unless you have any further questions. Morrow. I have a couple questions with respect to dust control. We have had some discussions about that, you have instituted a dust control program with Mr. Cook of Cloverdale Nursery. Barnes: Yes Mr. Morrow we have, they have a water truck on site and have~agreed to in writing and it is on site and have agreed to keep the dust down. Morrow: Have they taken steps to inform the neighbors that they are aggressively pursuing a dust control policy? Barnes: Yes they have, they continually get harassed by the neighbors but I am having the .neighbors now call me. Morrow. Fine, then the other question that seems to have recently come up is irrigation availability to neighbors. Can you explain to us the issue there? Meridian City Council • July 1, 1997 Page 13 Barnes: They were pumping out a small amount of water for the water truck out of the head gate. The head gate is at the south end and it goes both east and west. Mr. Cook and his workers were taking the water going west meaning going away from those neighbors on the east. They accused them of stealing water. We called Nampa Meridian and informed the ditch rider to turn in some extra water. They are not taking, the water has already turned west and checked west so we really aren't taking the water that goes to that group. But anyway we have had them, we informed the ditch rider to turn in some extra water. It is a very small amount, It is like five 3,000 gallon tank fulls a day. We have worked to address that. Morrow. Do you not have a water right for that property. Barnes: We do have a water right. Morrow. So you are taking your own water? Barnes: Taking my own water. Morrow And then the issue with the final plat, it seems to me there is a question about the location of a ditch relative to access for the property owners to the east. Barnes: We have worked that all out, I know that Mr. Lee has got that all worked out. We haven't heard of any problem there at all. Morrow Could I have maybe Gary address that issue? Smith: Mayor and Council, I don't recall from whom I heard this but it was reported that the ditch is now located or to be located piped along the east side of this subdivision and it is presently outside the subdivision boundary. That the water gates that are being provided to the property owners to the east were too small to provide them with their historical flow of water. Again I don't remember where this information came from. Corrie: Gary, that was from the meeting that I had with the homeowners, I can give you a little more information. They had I guess they met with Gary and they were concerned about the ditch being inside your property line behind the fence. In the original plat you had it where they would have to be responsible for keeping it clean, they were concerned if it gets plugged up how do they get inside your property if it is locked up and do it. Plus the other fact was the piping on the blocks that was given to them the water if they ran it 24 hours a day still didn't give them their water right amounts. They were concerned with that and I was kind of hoping that Gary could give us that information because they are very concerned about that. Barnes: Mr. Mayor, we will sure work to satisfy any of their concerns. I thought we had that all worked out but Mr. Lee is very professional and we will work to make sure that they are satisfied and have delivery. Some of them have, I know one delivery and some Meridian City Council July 1, 1997 Page 14 of them have two points on their property. We will work to satisfy them in whatever way. Our concern was that has militant as they have been we wanted to have control of the, we need to flow the water on through but we wanted to have control of the pipe. If it takes, whatever it takes we will work with them. Corrie: They should mention who controls the water and under these circumstances you do because it is on your property.. That is what they are concerned about, the original flow was right on the property line the consented to that they said not it is on inside your line and they don't consent to that. That is one of the problems that they are having which is a major one is to get the water rights that they have coming. According to the piping that they have seen from Gary that they will not deliver their water the rights that they have. So that is a concem there and I just pass this onto the Council. We need to pursue that one way or another. Because if that originally it was on the line and now it is 10 or 20 feet inside your property fenced. Barnes: Yes, it was changed, I don't think it is on the line I think it is more inside, the present concrete ditch is inside my line most of the way. Gary being a professional engineer he has to put a stamp on everything (End of Tape) Tolsma: It is basically in the development agreement here it says the all canals, ditches and waterways. Submit evidence of appropriate approval (inaudible) and other down stream water users. So they are going to have to sign off on that to honor the development agreement I guess. (Inaudible) they wanted access to their head gates. They way it was set up it is was putting the head gate behind a 6 foot fence. Barnes: Our problem was that this group has gone to no end to make it difficult and we just want to make, we thought that it we had, we put checks in there to stop the water but ultimately we control the overall flow on down. But if we need to move it out to satisfy them to put it in that 20 foot buffer area no problem we can put if right down and no problem. Mr. Lee will not, we will not short them. Corrie: I don't think he would either, that is not what I was saying. I am just relaying to you what their concerns were Jon and like Ron said that is in your agreement. I have a feeling the City is going to end up as a mediator here down the line. Rountree:. I got a page and a half letter on this subject from one of the neighbors today. To summarize it in one paragraph the new proposal denies any present irrigators any access to the main. It is proposed to be on your side of the fence, this letter is addressed to Gary. Lee. To access my take out I would have to trespass on your tenants property. Moreover my takeout box is subject to damage and misuse being a nuisance to your tenant. Indeed within you overall proposal my takeout box will be located in a storage yard and vulnerable to being hit by machinery. That is the just of what the page and a half talks about. That is their concern being able to get their water and access the control of their water. ' Meridian City Council July 1, 1997 Page 15 Barnes: But we can go ahead and put it in that 20 feet, remember the way we presented this we are putting the chain link fence on our side of that 20 feet meaning that those people have access to the trees and buffering. Rountree: I think that was a misunderstanding on their part, I think they felt the fence was going to be Barnes: The fence comes clear over on our part so they have the buffer, they don't look at a fence, they look at those pretty big trees that I am putting in with the grass and all. Corrie: I think you will probably work it out, I don't have a problem with that. I think I just needed to relay this to you. Barnes: It was news to me because Gary has been out of town. They call everybody but me. Morrow. I think the other question there in terms of addressing those homeowners is it seems to me they expressed a concern about them maintaining the ditch. Obviously if it is piped and it is on the Medimont Subdivision property it is up to the Medimont folk to maintain that ditch that would be a benefit to those folk from the standpoint that and collapses or breakages or that kind of thing would be somebody else's responsibility to maintain. Obviously they either have forgotten or were not aware that the dividing fence is outside the common area where all of these things occur. So I. think those things ought to be passed on and addressed by Mr. Lee with the person that sent the letter to Councilman Rountree and with the rest of the homeowners. I realize it is going to be a white flag situation for Mr. Lee but I think he is capable of handling that. Barnes: Yes, and he met with Mr. Smith .that was the vocal one, he is the water master out there, Bob Smith, and walked the whole thing. In his design he will go back through and make sure that he satisfied and it sounds like he is going to be out there with each one of them making sure what we are going to put in (inaudible). Corrie: I think one or their concerns that they map they gave me, I think this was your first plat. It says item #5 the owner of each lot across that passes an irrigation drainage ditch or pipe is responsible for the maintenance thereof unless such responsibility is assumed by the irrigation or drainage district. You have a new one that came out and this is not the same as the original and that was their concern that the two are not the same. Was there significant difference and why suddenly they were responsible for it and now suddenly they are not. That was a concern that I think you can work out. Barnes: I appreciate hearing (inaudible). Corrie: Any further discussion from the Council? Anything else Jon? Staff any further comments? .» ~, Meridian City Council July 1, 1997 Page 16 Smith: Mr. Mayor and Council, I wasn't able to find response to our review comments from JUB. I just want to be sure that there wasn't any problem with the review comments from Mr. Barnes as far as problems or disagreements with what we had requested. Barnes: I talked to Gary Lee today and he didn't express any. Smith: I think if we don't have that written response I think if we could get that from Gary that would satisfy that request. Barnes: Okay, one concern I had, I would like to bring up to you is that and I brought this up with Mr. Smith you engineer on the water on the frontage the 12 inch water line I am required to go down 800 feet of Franklin Road with. I would, I have been caught on these late comer's deals about maybe one too many times. It is hard for us to collect our money every back and if at all possible and I request this of Mr. Smith and Mr. Tolsma in our meeting, I would like to have the pumice products the Builders Masonry I believe is what they call themselves. I would like to get three bids and have them match the cost. I will go my half and they go their half that at that time. I would rather they get their money at the go line instead of this late comer's thing going on and on. So if at all possible we can work that out with our negotiations with them and whatever I would like to do that. Corrie: I had a meeting with Stephanie and Mark the other day and I think relayed to our City Attorney that they need to, their attorney and ours needs to do post haste conversation. They wanted to take care of this as soon as possible. Crookston: I talked to their attorney this aftemoan. Corrie: So we are on line here? Crookston: Yes Morrow. Mr. Mayor, I would move that we approve the final plat and the development agreement for Medimont Subdivision No. 1 by Properties West Inc. subject to the receipt of the written response to staff s general comments and site specific comments. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the final plat and development agreement for Medimont Subdivision No. 1 subject to the conditions as stated in the motion, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea i • MERIDIAN CITY COUNCIL MEETING: July 1.1997 APPLICANT: PROPERTIES WEST INC. ITEM NUMBER; ~' ~ C~ REQUEST: FINAL PLAT FOR MEDIMONT SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: ~~J MERIDIAN POST OFFICE: 1 i ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: 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 EE ~ BRUCE D. STUART, Water Works Supt. G ENN R. BENTLEY 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 KENNETH W BOWERS Fire Chief JIM JOHNSON, Chairman . , Public WorksBuilding Department (208) 887-2211 W.L. "BILL" GORDON, Police Chief MALCOLM MACCOY Motor Vehicle/Drivers License (208) 888-4443 WAYNE G. CROOKSTON, JR., Attorney KEITH BORUP RON MANNING ROBERT D. CORRIE BYRON SMITH Mayor MEMORANDUM: June 26, 1997 To: Mayor and City Council From: Bruce Freckleton, Assistant to City En 'nee~fi~~' Shari Stiles, P&Z Administrator c Re: MEDIMONT SUBDIVISION NO. 1 (Final Plat by Properties West, Inc. ) We have reviewed this submittal and offer the following comments, as conditions of the final play 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. 3. 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. Meaimonc sub #trp Mayor and City Council June 26, 1997 Page 2 Please submit a copy of the Ada County Street Name Committee's "Final" approval letter for the Subdivision name, lot and block numbering, and street names. Make any corrections necessary to conform. 6. 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 1, 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. A letter of credit, cash, or appropriate bonding will be required for these fence items prior to signature on the final plat. 3. Depict graphically or by note, 10-foot rear lot, and 5-foot side lot easements for public utilities, drainage and irrigation. 4. Graphically depict a 20-foot-wide landscape setback on the westerly boundary of Lot 3, Block 1. 5. 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. 6. Graphically show the azea of access restriction mentioned in plat Note 11. This could possibly be done using cross-hatching with dimension lines to the Franklin Road right-of- way. 7. 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. 8. Add or revise the following note(s); (2) ... of the Re-subdivisio (10) Delete. (14) ...Ada County Highway District. Landscaping over said lots shall be maintained by the owners' association, and the Ada County Highway District shall provide heavy maintenance of the drainage facilities. Medimont sub #l.fp Mayor and City Council June 26, 1997 Page 3 (1 S) All lots within this subdivision are subject to the Development Agreement recorded as Instrument No. of Ada County, Idaho. terms and conditions of a in the records Medimont Sub #l.fp REcE'~ED JUN 2 6 1997 ~l~Y OF MERIDIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 19 June 1997 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 W/ll Berg, City Clerk Boise 345-2431 City of Meridian 33 East /daho Meridian, lD 83642 RE: Final P/at for Medimont Subdivision No. 1 -Properties West, /nc. Dear Commissioners: The Nampa & Meridian /rrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. A// laterals and waste ways must be protected. Al/municipal surface drainage must be retained on site. if any surface drainage leaves the site, the Nampa & Meridian /rrigation District must review drainage plans. The deve/opermust comp/y with /daho Code 31-3805. /t is recommended that irrigation water be made available to all developments within the Nampa & Meridian /rrigation District. Sincerely, ~~~~.G,,.,~,.._ 6i// Henson, Asst. Water Superintendent NAMPA & MER/D/AN lRR/GAT/ON D/STR/CT BH: dln cc: File -Shop File -Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~n Return to: ~.J ^ Boise JUN 1 7 1997 ^ Eagfe ^ Garden city Rezone # ~* ^~ °~~"~"~ ~ ~' ~ Meridian Conditional Use # ^ Kuna Preliminary Final Short Plat /~l~J/~IU~~% .S'y131~11~/,~/d/J a/o~1 ^ ACZ ^ 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: ,~. 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: ~ central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ central water 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store `~ 5. ~/ ~ SZ~~~~..rrr-r AiI,A~.a-r~=,~,~•/T' ~S'y6'~i+7 5"~ ail ~ Date: / / 7 p~S/ G,J `]'o PR-~/c"~NJ- / ~t b~`'S ~ i~,~- Reviewed By: ~' sG,~+-llow grouNC~ wa-~-7z . Review Sheet (DHD 10/91 rcb, rev. I/95 CENTRAL CEN~AL DISTRICT HEALTH DEPARTI~NT •~ DISTRICT Environmental Health Division HEALTH ~~~Ew DEPARTMENT HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty 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. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: June 10. 1997 TRANSMITTAL DATE: 6/10/97 HEARING DATE: 7/1 /97 REQUEST: Final Plat for Medimont Subdivision No. 1 BY: Proaerties West Inc. LOCATION OF PROPERTY OR PROJECT: South of Franklin, West of Locust Grove JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, PR BYRON SMITH, P2 KEITH BORUP, P2 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 8~ FINAL PLAT) INTERMOUNTAIN GASP LIM INAL PLAT) BUREAU OF RECLAMAT IM & FI L PLA CITY FILES OTHER: ~ ~-' ~- YOUR CONCISE REMARKS: ~CE~'VE1a ;. U ~d 1 6 197 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney . HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding 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 & •OMMI ION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: June 10. 1997 TRANSMITTAL DATE: 6/10/97 HEARING DATE: 7/1 /97 REQUEST: Finat Plat for Medimont Subdivision No. 1 BY: Properties West Inc. LOCATION OF PROPERTY OR PROJECT: South of Franklin. West of Locust Grove JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) RON MANNING, P2 ADA COUNTY HIGHWAY DISTRICT BYRON SMITH, P2 ADA PLANNING ASSOCIATION -KEITH BORUP, P2 CENTRAL DISTRICT HEALTH -,ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT REcE1VE{~ -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8r FINAL PLAT) t , ~~ 1 6 1997 -WALT MORROW, C/C , . U.S. WEST(PRELIM 8~ FINAL PLAT) -GLENN BENTLEY, C/C -WATER DEPARTMENT INTERMOUNTAIN GAS(PRELIM & FINAL PLAA,~,,,~~ +NERIDIAN BUREAU OF RECLAMATION(PRELIM & FINAL -SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES / /~ ` FIRE DE OTHER: [.O PARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY : LL N~.~ /,I 7'~wra1J - R 20U.r•? /4- f tQ CITY ENGINEER CITY PLANNER E N d F S . /-~ .o ; n~ cw t ~u . LOT /K Zo / ~• Lo Z !3/K 2 W ~ LL ~e,¢ o mot. ..ems f C~C.e,4~. o `Try s ~ -ems S WI~:"BERG, JR., Clty 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. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY A Good Place to Live CITY OF .MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding 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 GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING 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: June 10, 1997 TRANSMITTAL DATE: 6/10/97 HEARING DATE: 7/1 /97 REQUEST: Final Plat for Medimont Subdivision No. 1 BY: Proaerties West Inc. LOCATION OF PROPERTY OR PROJECT: South of Franklin. West of Locust Grove JIM JOHNSON, P2 MALCOLM MACCOY, P2 RON MANNING, P2 BYRON SMITH, P2 KEITH BORUP, P2 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 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES REMARKS: ~r~ EI V (`l ~~ 1 1 1997 CITY OF ~VIERIDIAN • • DEVELOPMENT AGREEMENT ~~e~~a~9 ~~ ~/~~~ THIS AGREEMENT, made and entered into this day of , 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, part of the first part, hereinafter called the "CITY", and Properties West. Inc., party of the second part, hereinafter called the "DEVELOPER", whose address is 1401 Shoreline Drive, Boise. Idaho 83702. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" (Property), which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning and annexation of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER submitted and the CITY has approved annexation and zoning to Light Industrial (I-L) of the Property to allow a limited use light. industrial project on said Property and has submitted a subdivision plat for said Property; which was recommended for approval with conditions of the Meridian City Council; and WHEREAS, the DEVELOPER has made representations at the public hearings before the Meridian Planning and Zoning Commission and the Meridian City Council as to how the Property would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the Property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 1 u NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this agreement, as a condition of the annexation of the Property, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Develop and construct a light industrial subdivision restricted as identified in the CITY's Zoning Ordinance, with the exception that the following uses are not allowed: - Asphalt and concrete operation - Automobile wrecking yard and storage - Fuel yards - Junk yards - Mobile home manufacturing - Recycling plants - Solid waste transfer stations - Planned Unit Development -General planned residential b. Submit to the CITY applications for site plan review and obtain the CITY's approval thereof, prior to, and as a condition of, the commencement of construction of any building(s) or improvements on the property, intended for industrial or other uses. c. Submit an application for conditional use, and obtain the CITY's approval thereof, prior to, and as a condition o~ the commencement of construction of any building(s) or improvements by DEVELOPER or use by DEVELOPER of Lots 6, 7, 8 and 9 of Block 2 of the Property. Said conditional use permit. application shall contain fully detailed landscape and building plans, including elevations. d. Submit a final subdivision plat application of the Property to the CITY to be approved by the CITY and recorded in the Ada County Recorder's office prior to any development. 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 2 • • That DEVELOPER will file with the City Engineer a complete set of Improvement Plans ("Improvement Plans") showing all internal streets, curbs, gutters, sidewalks, utilities, required transitional paving in Franklin Road, pressurized irrigation facilities, pumping stations, tiling and piping of imgation ditches, fire hydrants, sewer and water lines and appurtenances (including extensions along the exterior boundary of Property), common area landscaping, drainage, street and other similar signage, barricades, and other such improvements contemplated within the development, which Improvement Plans, and all improvements shown thereon, shall meet the approval of the City Engineer. Said Improvement Plans shall be and are incorporated herein and made a part hereof by reference, and are referred to herein as the Subdivision Improvements. It is agreed that the improvements to be constructed and installed by successor owners for individual building lots within the boundaries of the Property (hereafter "On-Site Improvements") shall be subject to approval by the CITY in the normal course of the CITY's issuance of conditional use and building permits for the construction of a building on such separate lot, with the CITY's remedy for the failure to construct or install such On-Site Improvements being as provided in the Ordinances of the CITY or the denial of a Certificate of Occupancy with respect to the building constructed on said lot. The failure of the owner of a lot within the property to construct or install the On-Site Improvements on said lot shall not affect or interfere with the issuance of a building permit or a Certificate of Occupancy with respect to any other lot within the property, provided the owner thereof is in compliance with the terms and conditions of the approvals granted for that lot by the CITY and/or the plans approved by the CITY for the building constructed thereon, provided that the owner of the lot is not the DEVELOPER named herein. 4. That DEVELOPER will, at his or their own expense, .construct and install all Subdivision Improvements, as well as any and all other improvements as reviewed and approved by the CITY. 5. That DEVELOPER will construct and install all Subdivision Improvements in strict accordance with a filed and approved plat and Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished. 6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and what improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 7. That DEVELOPER will have "corrected" original drawings of the Improvement Plans prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Improvement Plans of the 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 3 • • proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various streets, water and sewer lines, all utility lines, piped irrigation ditches, and pressurized irrigation lines and their individual building service lines, sidewalk, curb and gutter alignment and grades, etc. The "corrected" Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 8. That DEVELOPER shall, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 9. That DEVELOPER agrees, upon a Finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfaze and/or safety of the inhabitants of the CITY, the DEVELOPER will, within a reasonable time as determined by the CITY, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual irnerest rate equal to the prime interest rate of First Security Bank of Idaho l~us five percent (5.0%) until paid, said payment to be made in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the Finding set forth in this paragraph except at a regular or special meeting of the City Council, duly held, and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merit of the proposed Finding. 10. That DEVELOPER agrees that upon its having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with within any phase of the Subdivision Improvements, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within the Property and/or shall have the right to withhold the providing of culinary water service to any parcel within the Property until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regulaz meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said parcel allowed, and its decision shall be final, except that the rights of the parties are 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 4 • • preserved at law and equity, including, but not limited to, the right of appeal to a court of competent jurisdiction. 11. That DEVELOPER agrees-that as security for the construction by the DEVELOPER of the Subdivision Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the Property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 12. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements as listed on Exhibit "B" are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stated when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 13. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around building construction areas to contain debris prior to any construction, except where roadways and streets for access aze located and except where the CITY has agreed in writing that such fencing is not necessary. 14. That DEVELOPER agrees that those portions of the water main or sanitary sewer lines, as identified in the Improvement Plans, requiring increased line size or capacity because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development, will be constructed by the DEVELOPER. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER'S purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a .later time, DEVELOPER agrees to design and construct such facilities subject to the CITY'S entering irno a late comers agreement to reimburse DEVELOPER for any such excess capacity. DEVELOPER agrees to obtain. three independent bona. fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids. shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work representing excess capacity. The CITY'S obligation to enter irno a late comers agreement to help DEVELOPER to pay for such costs shall be limited 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 5 • • to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 15. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 with copy to: Wayne G. Crookston, Jr. Fitzgerald, Crookston & Fitzgerald P. O. Box 427 Meridian, ID 83680 DEVELOPER: Properties West. Inc. c/o Jon L. Barnes 1401 Shoreline Drive P. O. Box 2797 Boise~ID 83701 A party shall have the right to change its address by delivering to the other party a written notification thereof. The parties may at any time hereafter modify or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, as obligating a party to agree to any modification to this Agreement. 16. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 17. All covenants and conditions. set forth herein shalt be appurtenant to and run with the Land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 18. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 19. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 6 • DATED the date, month and year first appearing. DEVELOPER: • By Jon L. Barnes, President CITY OF MERIDIAN By Robert D. Come, Mayor By William G. Berg, Jr., City Clerk 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 7 C~ J STATE OF IDAHO ) County of Ada ss. • On this day of , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Jon L. Barnes, known, or proved to me, to be the President of Properties West, Inc., who executed the foregoing instrument, and acknowledged to me that he executed the same on behalf of such corporation. 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) STATE OF IDAHO ) County of Ada ss. Notary Public for Idaho Residing at: My Commission Expires: On this day of , 1997, 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 Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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: 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 8 • • Updated Draft, 2-20-97 EXHIBIT `A' TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PROPERTIES WEST, INC. LEGAL DESCRIPTION A portion of land within the NE 1/4 of Section 18, T.3N., R.1E., B.M., Ada County, Idaho, more particularly as follows: Commencing at a found brass cap at the section corner common to Sections 7, 8, 17 and 18 of T.3N., R.1 E., B.M., at the center line intersection of Franklin Road and Locust Grove Road; thence Westerly along the center line of said Franklin Road and the section line common to Sections 17 and 18, South 89°46'18" West 480.70 feet, the REAL POINT OF BEGINNING; thence leaving said center line and said section line South 02°14'38" East 187.40 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 00°58'43" West 494.50 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 19°08'17" East 135.59 feet to a set 5/8" rebar with cap P.E./L.S. 3260; thence South 01°25'43" West 520.56 feet to a found iron pin on the North 1/16 line of said Section 18; thence South 89°39'40" West 888.27 feet along the said 1/16 line of said Section 18 to the NE 1/16 corner of said section, from which a found 5/8" rebar bears North 00°29'39" East 0.25 feet; thence North 00°29'39" East 1,332.11 feet along said East 1/16 line to a point on the Northerly boundary of said Section and the center line of said Franklin Road; thence North 89°46'18" East 846.40 feet along said Northerly boundary and center line of Franklin Road to the REAL POINT OF BEGINNING. Containing 26.59 acres, more or less. SUBJECT TO: land. All existing easements and road rights-of--way of record or appearing on the above-described parcel of -7- • • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PROPERTIES WEST. Inc. DEVELOPER shall develop the property described in Exhibit "A" (Property) as a Light Industrial Development pursuant to §11-9-607 of the Meridian Zoning and Development Ordinance. 2. DEVELOPER acknowledges and agrees that it will be required to submit to the CITY an application for Conditional Use Permit pursuant to §11-2-418 of the Meridian Zoning and Development Ordinance, and obtain the CITY's approval thereof; prior to, and as a condition of, the commencement of construction of any buildings or improvements on Lots 6, 7, 8 and 9, Block 2, of the Property, as well as for those uses specifically required to obtain a Conditional Use Permit as outlined in the CTTY's Zoning and Development Ordinance on the remaining lots. 3. DEVELOPER agrees to comply with all staff and agency requirements. 4. DEVELOPER covenants and agrees that, in connection with the development of the Property as may be approved by the CITY, DEVELOPER shall, at its cost and expense, do and perform the following: a. Berming and Landscaping - Franklin.Road. Construct a landscape strip within the Property along the full length of the Property adjacent to the north right-of--way line of Franklin Road ("Franklin Road Landscaping"), except for driveway accesses. The Franklin Road Landscaping shall be a minimum of thirty-five feet (35') in width beyond required ACHD right-of--way, including any necessary bike lanes. The Franklin Road Landscaping will be landscaped and sprinkler irrigated, by means of pressurized irrigation, in accordance with landscape plans to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk -Franklin Road. At the time of the construction of the improvements upon the Property, construct afive-foot (5') concrete sidewalk and match paving in the public right-of--way of Franklin Road along the full length of the Property adjacent to the north boundary of the Property ("Franklin Road Sidewalk"). The Franklin Road Sidewalk shall be constructed in accordance with the standards and specifications of the ACRD in effect at the time of construction. If construction of this sidewalk is specifically prohibited at this time, DEVELOPER shall furnish a letter from Ada County Highway District outlining reasons for same, along with evidence of appropriate sureties for future construction of the sidewalk. EXHIBIT "B" 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 5 • c. DedicationlSale of Additional Right-of-way -Franklin Road. Dedicate or sell land adjacent to the existing north right-of--way line of Franklin Road required to meet ACHD's requirement for aforty-five-foot (45') right-of--way from the centerline of Franklin Road, including any necessary bike lanes. d. Planting Strip -Eastern Boundary. Provide a permanent, 20-foot-wide, landscaped planting strip along the east boundary of the Medimont Subdivision as shown on the approved plat and as represented in public hearings, as approved by the CITY, and allow no encroachment of this strip. The strip will be planted with six- to eight-foot high Scotch pines at fifteen (15) feet on center prior to obtaining building permits and perpetually maintained to provide a screen for adjacent residential properties.. e. Planting Strip -Western Boundary. Provide a permanent, 20-foot-wide, landscaped easement along all other residential uses adjacent to the Property, and allow no encroachment of this strip. f. Subdivision Plat(sl. DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code. g. Plan Approvals. Timely submit and obtain, as part of the regular building permit acquisition process, the required Certificate of Zoning Compliance and approval by the CITY of all drainage and grading plans, building plans, lighting plans, landscaping plans, parking and other plans relating to the development of each buildable lot within the Property. h. Compliance with ACRD Conditions of Approval. In the development of the Property, comply with the terms and conditions of the ACRD Staff Report, or as may be required by ACRD in approving Conditional Use Applications to be filed by DEVELOPER. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. i. Canals. Ditches and Waterwavs. Tile all canals, ditches and other waterways and submit evidence of appropriate approvals from the irrigation district and/or downstream water users. Water and Sewer Service. Connect all water and sewer facilities within the Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. k. Landscaping -General. Construct and install all landscaped areas, as shown on plans to be submitted and approved by the CITY, with grass and sprinkler imgation system, EXXI:-IIBIT "B" 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 5 except as otherwise expressly noted on said approved plans. All landscaping shall comply with the CITY's landscape requiremerns, particularly City Ordinance Section 11-2-414.D. Each building site shall be landscaped twenty (20) feet inside the property boundary behind the sidewalk line along airy street. Each building lot shall, as a minimum, install a seven (7) foot wide landscaped strip along all interior side lot lines between the front property line, behind the sidewalk, and the front line of the building. Entry drives and visual triangle requirements aze exceptions to this requirement. The remainder of any required setback may be used for automobile parking or for a different kind of landscape treatment. The twenty (20) foot landscaped area along any street shall have a berm with an approximate rise of three (3) feet. Landscaping shall also be required on-each building lot in all front azeas that are not otherwise used for automobile parking. In addition to the required landscaping of required setback azeas, any unpaved azeas lying within adjacent street rights-of--way shall be landscaped and maintained to the finished sidewalk by the owner or occupant of the property. Paving -General. All parking areas and driving lanes required for a specific lot must be paved prior to obtaining a Certificate of Occupancy. For lots undeveloped at time of initial building construction, unpaved areas shall have anall-weather surface or temporary fencing, at the option of DEVELOPER. m. Payment of Impact Fees. Pay, in accordance with an ordinance of the CITY in effect at the time of the application by DEVELOPER for a building permit, impact fees, transfer fees (if applicable), development fees, or similaz fees or assessments which may be imposed upon, or by reason o~ the developmern of the Property, based on the uses to be developed on the Property. DEVELOPER acknowledges that at the date of this Agreement, the CITY does not have in force and effect an ordinance requiring the payment of such fees, but has under consideration such an ordinance. DEVELOPER waives the right, if any, to object to the imposition of such fees on the grounds that the Property was annexed and zoned prior to the adoption of such an ordinance. n. Li tin .All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties, as determined by the CITY, will be permitted, including impacts to Franklin Road. o. Sian e_. All signage within the Property shall be in accordance with the Unifonm Sign Code and the standards set forth in Section 11-2-415 of the City of Meridian Zoning and Development Ordinance. All signage shall receive design approval of the Planning & Zoning Department. A-frame signs shall not be permitted. Sign permits must be obtained from the Building Department for all signage. p. Special Setback Requirements. As represerned at public hearings, minimum side yazd building setbacks shall be five (5) feet per story from the property line. The minimum EXHIBIT "B" 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 5 ~ ~ rear yard setback shall be twenty (20) feet from the property line. Lots 3 through 10, Block 2, shall have a minimum reaz yard setback of forty (40) feet. All other setbacks shall be as required in the Zoning and Development Ordinance. q. Planters. Walls and Si ns. Planters, walls and sign elements not exceeding three (3) feet in height may be permitted in the front setback areas with the written approval of the CITY and DEVELOPER, subject to requirements of applicable governmental agencies. Storage. Service. Maintenance and Loading Areas. Storage, service, maintenance and loading areas must be constructed, maintained, and used in accordance with the following conditions. (1) Unless approved in writing by the DEVELOPER and CITY, no materials, supplies, or equipment, including trucks or other motor vehicles, shall be stored upon a site except inside a closed building or behind a visual barrier screen of a wall or fence so as not to be visible from any streets or neighboring residential areas. Such visual screens shall be constructed of materials and finishes compatible with the adjacent buildings if visible from street frontage and shall be designed and placed to complement the building design. Storage areas shall be located upon the rear portions of the site, unless otherwise approved in writing by the Architectural Control Committee and the CITY. No storage areas may extend into a setback fronting a street. (2) Loading dock areas shall be set back, recessed, or screened so as not to be visible from adjacent residential lots, and in no event shall a loading dock be closer than seventy-five (75) feet from a property line fronting upon a street unless otherwise approved in writing by the CITY and DEVELOPER. s. Maximum Lot Coverage. The building footprint shall not exceed fifty percent (50%) of the building lot. Noise Abatement. Activities conducted in rear yards adjacent to residences shall be limited to 6:00 a.m. to 10:00 p.m., or at any time which would unreasonably disturb or interfere. with the peace, comfort and repose of owners or possessors of real property. All lots within the Property shall comply with the provisions of City Ordinance No. 649 (Public Disturbance Noises). u. Dust Abatement. Lot owners shall perform at least yearly dust abatement on storage yards, unless said yards aze paved. Upon ten (10) days notice to the property owner, more frequent dust abatement may be required by the CITY. Failure to comply will result in a violation of this Development Agreement. EXHIBIT "B" 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 4 of 5 • • 5. Maintenance of Improvements. All improvements referenced in this agreement shall be perpetually maintained by the DEVELOPER and/or their successors, heirs and assigns in a neat, aesthetically pleasing and workmanlike manner. •EXI~IT "B" 6/30/97 MEDIMONT SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of 5 • p-t-Jo~er~ies v-~es~, inc. 1401 Shoreline Dr. P.O. Box 2797 Bolse, Idpho 83701 (208)345-7523 FACISIMILE TRANSMISSION COYER PAGE DATE: T0: FAX N0. FROM: /a - a ,~- y PROPERTIES WEST, INC. PHONE (208) 345-7523, N0. OF PAGES TO FOLLOW MESSAGE: FAX 345-7028 7 ;x.,11. ~~~ ~~, _ ~~ i~ Pig ~..1.~` . ~~-l . ~~ f ~~ __. ,~:~ .. y; ~o ~:{. ~[T"Y ENGNdFF~~` OCT 23 '97 15 40 208 345 5408 PAGE. 01 ~~'{2e d vr.~ av~,t - ~ct ~ u~ ~ ~~Yo~nt~,a~t~ Q ~~ ~ c a ~-~ /h~G~ ~ ~r~,c,~., , In ~) ~ 0 854 , ~3 ~' c ~ t cGL ~~.Q, Tim- ~- V "~ ~, 27 ~ °~ a' ~ ~e~ c, ~ -~ ~ ~ v-L~~ Cf ~ ~-U ~, F ~ ~, 4 ~- o , w ~J /~~ a ~'~ ~jE'~/vvn ~~C-cit.o.--. ~,~ ,u ate,) 7, 95 D. vU . ` df ~.,~ frc ~ ~ ~ ~~s :~ ~ :*~ ~- ~c,:;~,; t 4 (~ ~~ ~- Gov" ' J - ~ ~ Z~ ~. lib, 62~, y3 ~~kt f ~ ~ l~ ~ l ~ ~ C S7l'J _ ' - ~~ 0-fto , - ' ~ 112, (. Z S' q 3 .. . ont per ~ y N~ ~ ', LANDSCAPE nRCHITEC1'S AUGUST ~ J ~- PROJECT: FnIyO~ I P~ ~ , , ~- ~~ SUBDIV SION JOHN BARNES ~ ~ G PG ~# SLANTS rxsT T.i.FD .. ~- PLANT NAI~iE ONTY S I2 E ,~ TOTAL AUTUMN BLAZE MAPLE 1 2 1/2" CAL $220.00 $220.00 ASH LEAF SPIREA 4 5 GAL 14.50 58.00 AMUR MAPLE 8 15 GAL 29.50 236.00 AUTUMN PURPLE ASH 3 2 1/2" CAL 160.00 480.00 AUSTRIAN PINE 6 9 -10' 153.00 918.00 ANTHONY WATERII SPIREA 6 5 GAL 19.50 117.00 BRIDLEWREATH SPIREA 8 5 GAL 21.50 172.00 COLORADO BLUE SPRUCE 7 5 GAL 21.00 147.00 CISTENA PLUM 4 5 GAL 14.50 58.00 EASTERN RED BUD 3 15 GAL 90.00 270.00 FORSYTHIA 2 5 GAL 23.50 47.00 GREENSPIRE LINDEN 1 2" CAL 140.00 140.00 HAWTHORNS CLUMP 4 7-8' 39.00 156.00 HONEXSUCKLE 6 5 GAL 14.50 87.00 KELSEY DOGWOOD 8 5 GAL 14.50 116.00 LILAC 5 5 GAL 22.50 112.50 LIMEMOUND SPIREA 12 2 GAL' 19.50 234.00 LITTLE PRINCESS SPIREA 4 2 GAL 15.50 62.00 LEATHERLEAF VIBURNUM 6 5 GAL 21.50 129.00 MOCKORANGE 9 5 GAL 18.50 166.50 NINEBARK 12 5 GAL 14.50 174.00 NEWPORT PLUM 2 2 1/2" CAL 180.00 360.00 PEKING COTONEASTER 7 5 GAL 14.50 101.50 POTENTILLA 5 5 GAL 12.50 62.50 RIVERBIRCH 2 2" CAL 180.00 360.00 RED TWIG DOGWOOD 17 5 GAL 14.50 246.50 aERVICEBERRY 5 10 GAL 50.00 250.00 SWEETGUA'! 2 2" CAL 160.00 320.00 YELLOW CURRENT 4 5 GAL 14.50 58.00 REDSPIRE PEAR 3 2 1/2" CAL 240.00 720.00 TOTAL FOR PLANTS $6578.50 INSTALLATION & 1 YEAR GUARANTEE 4276.03 TOTAL FOR PLANTS INSTALLED $10854.53 252H N. CLC)VERUALI< RD. (LOti) 37b-041 ~ T OCT 23 '97 15 40 ~ BOISE, IUAHO t~3713 FAX (208) 375-6173 208 345 5408 PAGE.02 ~ • PAGE 2 MEDIMONT SUBDIVISION (CONT.) C 18700 SQ FT SOD INSTALLED $5236.00 36 YDS SOIL CONDITIONER INSTALLED 1296.00 16 TONS GRANITE INSTALLED 3200.00 FINE GRADING X00.00 TOTAL FOR OTHER CONSTRUCTION $10632.00 PROJECT TOTAL $21486.53 G~hc.9s ~ ~ ' ~ ~tFAETL S?~ ~, ~.c. ~~ ~ 35 °~ - as 7S. ca 6~~ . 5 ~ ~ s~o f ~SCu.~ ~See~ ~ l 3 0 0 ~ ~. 552 ~ I oT~-~ - l4~1 ~~D~,4P~~ ~~ 3i~ 0 3 ~( /io ~~o OCT 23 '97 15 41 208 345 5408 PAGE. 03 MAILING ADDRESS: 1Ob E. 46th Place Dolse ,Idaho 8371 Q LOCATED AT: 4640 Chinden Blvd. E3oise, Idaho 83714 Board S1ze PROPOSAL TO: PROPERTY WEST ADDRESS P•~• ~oX a'7~7 ATTN: JON BARNES CHAIN LINK FENCE SPECS FenceSi~o COMMERCIAL Mesh 2 " 'Gouge Line Posts 2 3/ 8" . 0 8 t5 WOOD FENCE SPECS Height of fabr~ 4x4 Posts • • PHONE: (208)375-6767 Fox: (208)375-6768 ,5rnrr 1 ~~hl MIKE THOMPSON. PRESIDENT FENCE CO. Where 6tuolfty Counts HATE August 29, 1997 (~I~N~ ~ 83~oa JOB ADDRESS STONE RIDGE BUS t NESS PK PHONE: 3~/S- 7 J ~3 FAX: 345-7028 Helghi o(Fabric 6 ' Top l~ail 1 5 / 8 " . 06 5 lop•Barb Wire N 0 N E > > Tie Wire 9 Gauge Concrete 24 " Post 5pocing ~ 0' End Posts 2 3/ 8" T U F 2 0 Gote Posts N/ R Post Spacing Fabr~ 9uollfy 2x4 Rails Concrete Notts Galvanized Ring Shank Air Quantity: 1.250' OF e' COMMERCIAL CHAIN LINK FENCE. (4) END POSTS. / - TOTAL FOR ABOVE -- ~ 7.400.00 INSTALLED . All changes other than shown on this order or drawing will be charged for at prices agr©ed upon at time of change, Owner responsible for property lines, private utilities, repairing sprinkler systems damaged during post hole digging, sewer Ilnes, removal of existing obstructions and permits. i~~~i~al 'NOTE: The higher number of chain link gauge, reflects Ilghte- weight materials. ACCEPT[:D Terms of Payment NET ON COMPLETION N:~]!.r• M(lii lli lr h. ~lili ril k.w,^,r.~/^,.~~ ' Sales Order by ,~ ~l.P~YI Ll~~ ~is quotation void after thirty (30) days. Mlko Thompso TI.Jd n/l( V/llll IA/C A DpA~r`I~ Tr T1J~ /'1DP/1bTII~~ITV 1Y1 r'11 r/~TC \//'1IID OD/1 IC/"TI OCT 23 '97 15 42 208 345 5408 PAGE. 04 lt// GJ/ J / lY • Y:l V Lvv NY.! ./-av./ L,y , ~./v./ ~ ~. ~ .. -. dui [oi .l y~ ~ YJJ: Ly 1tJUl;l,u~/ Hl~lUAI:lU~ SCOTT CAMBRON ~ ~~ P.O. Box ,9037, u Boise, ID 83719-0371 Phone (208) 362-6503 NAME/ADpRES3 ProN, Wert ~ ...._. .. __. 140 t Shotslinc gOilc, ID e~~vs ITEM SP~INKLtNG, tNC. DESCRIPTION Aulanetic Sprintclcrs U Modinont Sub, b 1 DATE N/26/97 • ~% P~~ ~ D~GG~ , ~ G~ ~ ESTIMATE :~0 QTY ~HUt U1 ~~1~ "The Water Bearer" NO, p RATE 7,930.00,• ..._ . _ . , ROJECT . _, ,., I TOTAL I 7,950.00 i I i I I Total s1,9so.oo d.>v t~ds.e OCT 23 '97 15 42 208 345 5408 PAGE.05 1V~LJ~J. .-l~'tJ u .-vv v..i r.vv .... ....i v..J ...... ~. v -~ Uµ/ J W 1'77N Ut•: jt ~l'1GJt~lf~<1 f-ft:,:~ AI~U I~lAli I lld r',-7t~t. U~~ • .. _. _ Proposal Pea4 ~o. 4 of a Ppoee MEYa & MARTIN CONSTRUCTION 8672 Southslde Blvd. • Nampa, 10 83686 Phone (208) 465-6521 Jon Barnes, Pr~Fr~: ~~ West, Inc. 345-7523 Auqust i2, 1997 Medimont Sub. we o '. .. Meridian v1~ NFREBY fUeMIT gPC C,Fr~.~ h ~ <STrMA1Ee FOIE Forvn3rd from Pt9r.~ : ~ 147, 074.38 Gravity Irri9z~ti ~~~ 2465' of 12" 15 @ 11,00 ~ 27,335.00 10 boxes k~ '• ' IQ 8, 760.00 1 cbuble b~~. 2,08D.00 400' of 6'~ •:''. ~ ;s 125 @ 6.67 2, 668.00 100' of 4" :' , ~~ .g 125 @ 9.81 481 .00 13 - 4" ad,~~7~•,~•'•s @ 56.00 728.00 13 - 6'~ r. 3'~ ~ Klucers @ 90.00 520.00 13 - 4" ya tr 1 : ve5 @ 160 _ 00 2, 080.00 13 - 12" >: ~r' ees @ 100.00 1,300.00 11 slide qd+:.=~ !~+ 100.00 1,100.00 ~-- 'Ibtr~]. C;r~v~r~ Srrigation ~ 47,052.00 'lbtal $ 194,126.38 We Prop,~.u~ ~, .•,•pY to Tvrnle~ metsAel erd IeLor -- aompleMo In exordeooe vAtA ob~r4 pp~ic~tbne, for Its sum ol. One lhundred nine k ~ ~r thousand vne hundred twenty six and acllere tt 194,126.38 ~ Prymrw m tr n,eoe ee ~o1b. ~ Progress billircr;; 1_I~e lOt1- of each month. Balance upou'~ completion. Unpaid accounts 3 ~ : •t to f inarlce charge of 1~9 per month. IW niebrlel M M,rw~nbw0 m bK. ae ar~* d!i.d Nl..ort b es oonwrra N a •onn.Meae Trvrer eoooromp b eoeeo.•~o :Na•t~se any elwrdon or dsraieron from eao^a e0+dN0eMaw Ywd.ki0 .+M. , v,~ ••~r ~n e^ewleo onry upon irflp.n oe0ers, eM -IN O0o0rTt• /rl carte rJ~erO• ov+r,.na ear- a rh. wYr++este. N ep~lO eaRkgere upon erMe., eeddena a AM.r. M ,~ • rebol. Orw~er b 4rry Me. bmeeo, me ov+r eeowe.y M»uw,+~ Our • r~ ~ ~ • - n,ey m.~eree pY WoA~efe C'a+pen..llm Ilwutena+. AceepfaRCe oJRopA.,.l - n,. eo,we pAoee, ep.aMa,ecr,., e„e ooneMlorn en eell.faclory a •u~ ~,~. • ...roy ecoeq~d. Yw ere eue+oAred to 00 ~ rat 3lpnelw+ M ePeMMa. P+y1n.n1 wJr M .. ~~ K ix,NneO.00N. c.+. d,~.vdr~• ._ 8gned.rs• days. Authorized Sfpttolura: Hole: 71+b Dropout rrwy es wNtdrs 30Dp u. if Hart eocapba wkhln _ OCT 23 '97 15 43 208 345 5408 PRGE.06 ~,-~~ 1- ~ ~+~+~ ~ : ~~ ~ ~ ~ ~ r kui~~;~ w ur 1 utir~u 11 Jl. GkJ~..lot~b"ti i ~ * t OCT 2 TeYep)Etoao~.e (208) 466.5536 1~'aa~ 12081 488-8851 DAS-CO of Idwho. Ine. 411 1F:_ Karcher !id_ Nampa. Idaho 83687 1'nc3?~c~ SAL d . Proposal Submitted to: Name: Propentes West ~ Mr. Jo1in Barnes Address: IQ01 Shoreline Dr. Ciry: Boise .state: Idaho 83702 FAX: 345-7028 Job Name: Medimont Subdivision Street Light Proposal Job Location: Meridian--Franklin Road near Locust Grove SHF.F.T I OF 1 Date: Scpte»cber 4, 1997 6~~ 6 DAS-CO of IdaJio, Inc. lterelry submit specifications and estfmatPC for: labor and materials to provide 2• schedule 40 pvc side in said trench for a distance estimated at 600' for street lighting in Medimant Subdivision in Meridian. Depth to be 24' with native backfill. Electrical j Boxes provided as pull boxes. Workto be performed in a joint use trenc/,, with the cost of trench to be shared with /daho Power /ntermounlain Cas, and Properties West. Shou/d ACRD require restoration or compaction materia/s, they wi/! be in addil%on to this pro~os~3/. DAS-CO of Idaho, Inc. hereby propose to furnish luhor and materi.a.ls and eo,nplete fn accordance wlrh the above specifications, for tlce sum of.• Estimated shared cost per foot of trench to be 5.58 p/fr_ (51.75 split 3 ways); materials furnished, 2' schedule 40 1'vC ~ S.$0 p/ft., sweeps Ct4S6.80 ea., pull boxes ®580.00 ea. All material is guararvecd to be as specified. All work is to be completed in. a worl~nanlike -nmcner according ro standard practices. Any alteration or deviation from above specthcarionc invr~lving extra costs, will be eacecuted only upon written orders, ¢nd will become an eztru. charge over and above the estimate. ,111 agreements are contingent upon weather, strikec, accidents nr delays beyoTUl our control, Our workers are,fully covered ~' Worl(~,cc,c's Compensation I,~sccra,sce. Authorized ~ DATE ~~ % r This proposal may be withdrawn by ccs if nor accepted within _3U_dayc fro,re rh.e duae listed above. ACCEPTANCE OF PItOpOSAIL The above prices, spec~cationc and eonditions are satisfactory and ore herchy accepted. DASCO of Idah ,inc. is authorized ro do the ~k specif ed. SIGNATURE '~'~' l ~ DATE: ~~ ~/ 7 St 3 '97 15 45 Z~.~- k5 0 w-C.Q.~ G+ ~~~~ ~~ 208 345 5408 PAGE. 08 To: Will Berg, Jr. -City Cleric (;~I~ CC: File O C T 1 7 1991 From: Gary D. Smith, PE (~ Q~ 1~~~~I}IAN Date: October 17, 1997 Subject: Medimont Subdivision No.l -Final Plat Mylars Will: Here is mylar sheet No. l and No.2 for this subdivision. I have sealed and signed sheet No.2 in the appropriate location since both sheets contain the requested revisions/additions. Gary Lee has responded to my inquiries on other issues as follows: 1. Letter of Credit: Jon Barnes is going to submit copies of contractor bids to do the off-site improvements which include- landscaping, fencing, sprinkler installation, irrigation system and street lighting. (GS has not yet received this information.) 2. Pressure Irrigation O ~ M Manual: Information is not yet available to allow Gary to complete this manual. Gary requests that the city restrict issuance of building permits until the manual is received and approved by City. (OIL GS) 3. CC&R's: I don't have any information on Council approval of this document. It was submitted to the city on November 15, 1997. (Do you or Shari have this information?- Regards, Gary FROM T7-~ DESK OF... GARY D. SMITH, PE PUBLIC WORKS DIRECTOR CITY OF MERIDIAN 33 E. IDAHO MERIDIAN, IDAHO 83642 208-887-2211 Fax:208-887-1297 or 208-887-481.3 '' A1vrTa HOLLEY ~' Internationnl Banking Department First 5'ecUr/ty First Scnirih/ Bank, N.A. Bank 999 Main Street, 3rd Floor P.O. Bot 7069 (83730) Boise, Idaho 83702 208-393-531 FAX 208-393-5316 SWIFT Address FSBUUSSI Telex 3789~50firstsecbk A financinl services company of First Seatrity Corporation First Security BankG IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-0007847-0002 ISSUED IN Boise, Idaho on 12 SEP 1997 BENEFICIARY: CITY OF MERIDIAN 33 E. IDAHO ST. MERIDIAN, IDAHO 83642 AMOUNT : USD * * +-120, 696.43 ONE HUNDRED TWEidTY THOUSAND SIX HUNDRED NINETY SIX AND 43/100 UNITED STATES DOLLARS APPLICANT: Properties West, Inc. P. O. Box 2797 Boise, Idaho 83701 DATE AND PLACE OF EXPIRY: 10 SEP 1998 Our counters. We hereby issue our Irrevocable Standby Letter of Credit in favor of the above named beneficiary. CREDIT AVAILABLE WITH: First Security Bank, ~N. A. International Department 999 Main, 3rd Floor Boise, Idaho 83702 BY: PAYMENT AVAILABLE BY DRAFTS AT SIGHT DRAWN ON: First Security Bank, N. A. Boise, Idaho Documents Required: 1. Beneficiary's written statement, signed by a person authorized by the beneficiary, stating. that Properties West, Inc. has not completed the landscaping, fencing, sprinkler installation, irrigation system and street lights, according to the terms and conditions mutually agreed upon by Properties West, Inc. and the City of Meridian for the Medimont Subdivision in Meridian. 2. The original of this letter of credit. Drafts drawn under this Letter of Credit must bear the clause: Drawn under First Security Bank, N. A. Irrevocable Standby Letter of Credit No. 5-0007847-0002 dated September 12, 1997. We hereby agree to honor each draft drawn under and in compliance First Security Bank, N.A. International Department 999 Main St., 3rd Fl. (Zip 83702) P.O. Box 7069 (Zip 83730) Boise, Ida o Telephone (208) 393-5343 Fax (208) 393-5316 Telex 3789450 First Sec Bk SWIFT FSBUUS51 A financial services company of First Security Corporation F/r5t Security Bank L/C #: 5-0007847-0002 PAGE 2 with the terms of this credit, if duly presented (together with the documents as specified) at our office on or before the expiry date of this credit. Payment Instructions: Payment to be effected per your instructions against conforming documents presented at our counters. PARTIAL DRAWINGS PERMITTED. MULTIPLE DRAWINGS PERMITTED. This letter of credit is subject to Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. -I~ ~"'' AUTHORIZED SIGNATURE(S) DEBRA L. DORRIS LETTER OF CREDIT SPECIALIST First Security Bank, N.A. International Department 999 Main St., 3rd Fl. (Zip 83702) P.O. Box 7069 (Zip 83730) Boise, Ida Telephone (208) 393-5343 Fax (208) 393-5316 Telex 3789450 First Sec Bk SWIFT FSBUU551 A financial services company of First Security Corporation (.~l~~ ' , r~-u-s f J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-7330 FAX: 208/323-9336 TO: Gary D. Smith, P.E. Meridian Public Works Dept. City of Meridian 33 East Idaho Street Meridian, ID 83642 LETTER OF TRANSMITTAL DATE: 9/25/97 Project No. 11130-03 PROJECT NAME: MEDIMONT SUBDIVISION No. 1 PROJECT MANAGER: Gary A. Lee, P.E./L.S. SUBJECT: Final Plat Approval GENTLEMEN: We are sending you the following items: ®ATTACHED ^ UNDER SEPARATE COVER via ^ SHOP DRAWINGS ^ PRINTS ^ SAMPLES ^ SPECIFICATIONS ^ COPY OF LETTER ^ CATALOG SHEETS ^ CHANGE ORDER ® Mylar of Plat COPIES DATE or No. DESCRIPTION 1 7-25-97 Final Plat, Sheet 1 and 2 THESE ARE TRANSMITTED AS CHECKED BELOW: ^ FOR APPROVAL ^ AS REQUESTED ®FOR SIGNATURE ^ FOR YOUR USE ^ FOR REVIEW AND COMMENT ^ RETURNED FOR CORRECTIONS ^ FOR BIDS DUE , 1994 ^ PRINTS RETURNED AFTER LOAN TO US REMARKS: Gary: Enclosed is the original mylar of the final plat for Medimont Sub. No. 1. It has been approved and signed by ACHD and Central District Health Dept. The financial surety's should be with Will Berg. Please review and sign the plat as soon as possible. Let me know if you need anything additional. Thanks. IF ENCLOSURES ARE NOT AS NOTED, KINDLY NOTIFY US AT ONCE. COPY FOR Jon Barnes, Properties West, Inc. SIGNED: RECEIVED BY: DATE: ENGINEERS, I Lee, P.E.IL.S. PLEASE SIGN, DATE, AND RETURN COPY TO J-U-B.