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Sherbrooke Hollows No. 4 Subdivision FP
NC%B OF TREASC%RE VALLEY iviayor LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place t0 Live ('04) ~~~ ~~6-1 < <~~ ~,1 ~I<<„hers CITY OF MERIDIAN PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BU[LD[NG DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83612 ~~~~~ ~~~ ,~~ I" RON ANDERSON Phone (208) 883-4433 • Fax (208) 887-4813 ~-~ T PLANNING AND ZONING KEITH BIRD ~~~~~ l e' ~~ DEPARTMENT (_Q8)8A4-1533 Jt~NG~1999 ~itv of ~'fer.i~'ian TRANSMITTAL TO AGENCIES FOR COMMENTS 01~ DE'CjE~.~PIVIENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, pease submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 6, 1999 FILE NUMBER: FP-99-022. REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 4 SUBDIVISION BY: GEM PARK II LOCATION OF PROPERTY OR PROJECT: EAST' SIDE OF LOCUST GROVE AND NORTH OF VICTORY -TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z -THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z -KEITH BORUP, P/Z -ROBERT CORRIE, MAYOR RON ANDERSON, C/C -CHARLIE ROUNTREE, C/C -KEITH BIRD, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT ~7~-FIRE DEPARTMENT 1~ POLICE DEPARTMENT C ITY ATTORN EY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: /I ~~~- STATE OF IDAHO DIVISION OF ~~~ ENVIRONMENTAL QUALITY 1445 North Orchard Boise. Idaho 83706-2239 (208) 373-0550 December 17, 1999 Greg Johnson, Managing Partner Gem Park II 30 E. Franklin Road PO Box 344 Meridian, Idaho 83680 RE: tSlierbrooke-Hollows•Subdivisiom#4 (Boise, Ada County) Water and sewer main design, and stormwater disposal Dear Mr. Johnson: ' Dirk Kempthorne. Governor C. Stephen Allred, Administrator RE°E~D CITY {~F MERIDIAN The plans and specifications for the subject project appear to meet State of Idaho standards and are conditionally approved based on the items listed below. We recommend that the District Health Department lift sanitary restrictions when the subsurface storm water disposal methods meet the requirements of the Idaho Department of Water Resources (Scott Anderson at 327- 7956) regarding the Class V Injection Well used on this project for stormwater disposal. STANDARD CONDITION A. The standard conditions on the Division of Environmental Quality (DEQ) review stamp are part of this approval. Any supporting reports or documents are. considered to be part of the approved documents. B. This approval will be voided if 1) construction is not completed by December 13, 2000; 2) the project is improperly constructed, operated, or maintained; or 3) the project fails to function as intended. C. Per the project documents, a professional engineer with the City of Meridian shall provide construction inspection sufficient to ensure the project is built as designed and approved. DEQ approval, prior to construction, is required for any deviations from the approved plans and specifications. Verbal approvals, if any, shall be documented by the professional engineer in a cover letter submitted with the project record drawings. D. Within thirty days after construction, the professional engineer shall provide DEQ with either: 1) record drawings with a cover letter as described in Item C, or 2) a letter of certification stating tha@ the project was installed with no deviations from the approved plans. ,~~ ~" REc~zvE~ ' AUG 0 4 1999 CI'T'Y OF MERIDIAN BEFORE THE MERIDIAN CITY COUNCIL PLANNING & ZONING IN THE MATTER OF THE ) CASE NO. FP-99-022 APPLICATION OF GEM PARK II ) FOR APPROVAL OF FINAL .PLAT:. ~ ) ORDER OF CONDITIONAL FOR:SHERBROOI~E. HOLLOWS ` ) APPROVAL OF FINAL PLAT NOS 4 SUBDIVISION; ) MERIDIAN, IDAHO ) , This matter coming before the City Council for Final Plat approval pursuant to § 11-9-604.H Municipal Code of the City of Meridian on July 20, 1999, and the'Council finding that the Administrative Review is complete which has included certain comments and- conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freclcleton, Assistant to City Engineer, listing 9 General Comments- and 16 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, and Becky Bowcutt, appearing on behalf of the applicant, and both having commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "SHERBROOI~E HOLLOWS NO. 4 SUBDIVISION" as evidenced in Plat bearing the job reference #980806 \ SHER4PLT. BIB 05/27/99,TSHEET 1 OF 2, Stamped MAY 28 1999, BRIGGS ORDER`°,OF~.CONDTTIONAL~APPROVAI OF FINAL PLAT FOR SHERBROOI~E HOLLOWS NO. 4 SUBDIVISION - 1 /- ENGINEERING, INC., Consulting Engineers, GEM PARK II, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Frecldeton, Assistant to City Engineer, dated June 22, 1999, listing 6 General Comments and 16 Site Specific Comments, a true and correct copy of which is attached hereto marked °Exhibit "A" and by this reference incorporatedherein, with the additional requirements that: 1.1 Fire Chief, Denny Bowers, requires that all non-buildable lots will need to be kept clear of trash and weeds; that street name signs need +to be installed before building is started. a 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that .plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and that stormwater be pretreated through a grassy wale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality; that engineers and architects ORDER. OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERBROOI~E HOLLOWS NO. 4 SUBDIVISION - 2 should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Worlcs Department, January 1997. 2. The final plat upon which there is contained the Certification and signature . of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed andlor the appropriate performance bond has been issued guaranteeing the completion of off-site improvements. By action of the City Council at its regular meeting held on the 2 ~ day of ~~- , 1999. By: , B T D. CORRIE ayor, City of Meridian ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERBROOI~E HOLLOWS NO. 4 SUBDIVISION - 3 Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department, and City Attorney. By: w,~,~ Dated: ~'Z©~~ 1 ity Clerlc 1<<~nttittrt~rrtrrrir ~~~~~ ~~ ~~~~ r~ffi msg/Z:\Work\M\Meridian 15360Ivt\Sherbrooke Hollows No.3\OrderApprovalNo4.FP ~ ~GQ ~T~ ,. ~ ~. _ ~~~~L 9 ph `~, ~.~ o ~'.,~~'9Q~ ~T 1S'~ ~ ` ~.~~~`~.,. q ~. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR SHERBROOI~E HOLLOWS NO. 4 SUBDIVISION - 4 ;. Mayor ROBERT D. CORRIE C~wncil ~tembecs CHARLES ROUNTREE GLENN BENTLEY RON.4NDERSON KEITH BIRD NIENIORANDUNI: To: From: Re: HUB OF TRE:4SURE' VALLEY A Good Place [o Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83(x32 Phone (208) 888--1-133 • Fax (208) 887-4813 Mayor and City Council Bruce Freckleton, Assistant to City Engineer ~ Shari Stiles, P&Z Administrator LEGAL DEPARTMENT I,os~ ssa--~26s PUBLIC ~~ORKS BUILDING DEPARTMENT I,osl ss;-"_I I PL.-INNING AND ZONING DEP.-~RT`IENT ~2oS1851-;~; June 22, 1999 ~~~~~v~p ;, ~~~'~ I, ~ 9 19~~ ~,LC~- Ui _1rlerid.I3II Gity Clerk Office Request for Final Plat for Sherbrooke Hollows Subdivision No. 4 by Gem Park II - 36 Lots on 14.35 Acres We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the iVleridian City Council: GENERAL INFORMATION This final plat generally conforms to the approved preliminary plat, though some lots have had minor modifications. Sewer and water service to this site will be via e~ctensions of mains that are being installed as part of earlier phases of this development. GENERAL REQUIREMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included inthis 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. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 4. Sewer and water mains shall be e:ctended to and through the proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works FP-99-023 EXHIBIT "A'' TO ORDER OF CONDITIONAL SherbrookeHoilowsil4 FP doc APPROVAL OF FINAL PLAT Mayor and`City Council June 22, 1999 Page 2 Department. Sewer manholes are to be provided to keep the sewer lines on the south and. west sides of centerline. 5. Submit a plan approval letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash will be required for these improvements prior to signature on the final plat. 6. Provide five-foot-wide sidewalks. in accordance with City Ordinance Section 11-9-606.B. 7. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. 8. 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. 9. Please address, in written form, all items contained in this memorandum (both General and Site Specific) and submit to the City Clerk's office by -12:00 noon, July 2, 1999. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC REQUII2EMENTS: 1. Applicant is to meet~all terms and conditions of the approved preliminary plat. 2. Temporary fencing to contain construction debris shall be installed and maintained along all phase lines prior to obtaining'buiiding permits unless specifically waived in writing by the City P&Z Administrator. Construct permanent, six-foot-high, non-combustible perimeter fencing along the Eight Mile Lateral and northern boundary. A letter of credit or cash will be required for this fencing prior to signature on the final plat. Fencing is to be in place prior to applying for building permits. . 3. Two-hundred-fi$y-watt and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Puhlic Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. A detailed landscape plan for the common -areas shall be submitted for review and approval as requested during the preliminary plat stage. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 5. The design of the drainage area shall ensure that water is retained only during major storm events for a maximum 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly.those without an outflow to an existing drainage system FP-99-Q2: EXHIBIT "A" TO ORDER OF CONDITIONAL Sherb(ookeFiolbwsit4FP.doc APPROVAL OF FINAL PLAT ~~ Mayor and City Council June 22. 1999 _ Page 3 6. Street signs are to be in place, water system shall be approved and activated, pressurized irrigation system approved and activated, drainage lots constructed, and road base approved by the Ada County Highway District prioi to any building permits being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. 7. Modify or revise the following notes: (6.} Delete "sibility is" on third line. (14.) Add that Lot 22, Block 2, is owned and maintained by the Sherbrooke Hollows Subdivision Homeowners Association. 8. S. Ketchum Way is not shown as being approved on tlae Ada County Street Name Committee approval letter.Revise plat to conform. 9. Note 12 indicates that Lot 2, Block 10, and Lots 14 and 16, Block 3, aze affected by a non-encroachable storm drainage easement. If the area is not usable by the homeowner, it should not be included as part of -the buildable lot. Adjust plat to meet minimum 80- foot frontage and 8,000 minimum square footage requirement exclusive of drainage easement. l0. Please execute the Certificate of Owners and accompanying Acknowledgment. 11. Lot 11, Block 3, doesn't meet the minimum 80-foot frontage requirement. Revise plat to conform 12. .Submit compaction test results to the Meridian Building Department for all lots receiving fill material. 13. Provide a blowup detail of the pin configuration for the NW comer of Lot 16, Block 2, and the out-parcel for Intermountain Gas Co.. 14. Staff recommends that building permits for this subdivision be prohibited until the bridge connection to Locust Grove is constructed, as no certificates of occupancy can be issued until all improvements are completed. 15. Please revise the erroneous distance call on the east side of Lot 16, Block 4. It appears that it should read 121.45'. F 16. Revise the "Right" direction call for the first curve referenced in the legal description of the Certificate of Owners. It appeazs that it is a -curve to the "Left". -~~ EXHIBIT "A" TO ORDER OF CONDITIONAL ShabrookeHoflowsd4FP doc APPROVAL OF FINAL PLAT ER/GGS ENG/NEFR/NG, Ins )F~C~it~S ~ Pl.ANNEits ~ SilR1/EYORS 18oo West Overland Road Boise. Idaho 83705 - 3142 Voice (208) 344-9700 ' Fax: (208) 3a5-2950 E-mail BE1-Idaho@msn.com July 2, 1999 City of ivleridian Phone: 888-4433 ~3 East Idaho St. ~ Fax: 888-4213 Meridian. Idaho 83b42 Attn: Will t3erg, Shari Stiles, & Bruce l;reclcleton Rl;: Sherbrooke Hollows Subdivision #4 Final Plat (Responses to Sta~f's Comments) General Requirements: 1. 5ma11 drainage ditches, which traverse the project, have been piped. The Eight-Mile Lateral will not be piped because it exceeds a 48-inch pipe sire. A variance was ranted by the City Council for a waiver of piping on the Eight-Mile Lateral. 2. No septic or wells exist on the subject property within phase 4. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. . 6. The applicant will comply. 7. The applicant understands and agrees. 8. The applicant will comply. , 9. The applicant will comply. Site Specific Requirement: 1. The applicant will comply. 2 The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. This drainage comment will need to be discussed with the project engineer. l will address this issue at the Council hearing. 6. "1'he applicant understands and will comply. 7. The final plat will be revised accordingly. 8. The final plat reflects approved street names. Staff's Comment is in error. 9. The final plat will be revised accordingly. Removing the easement area from the lots and merging it into the common lots. 10. The applicant will comply. 11. The final plat will be revised accordingly. 980806/city-comments EXHIBIT "A" TO ORDER OF CONDITIONAL Ju~A~'~'R~V~C~~F.FINAL PLAT i2ee~asz9se PAGt.82 12. The applicant will comply with UBC requirements coneernir~ hll on logs. l;. The final plat will be revised accordingly. 1~F: The applicant understands and will. comply. 15. "1'he final plat will be revised accordingly. 16: The legal description will he reviewed and modified if necessary. Sincerely, Briggs ;:?n~neering, inc. Becky L. Bowcutt, Land Use Planner BI.B:dw ,. 980806/city-comments` EXHIBIT "A" TO ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT JUL 02 '~9 ?0:39 TOTAL P.03 ~'7rao~nc^.ccra onrc ram y ~. `• ,w i ACHD Commission Planning and Development ~~ FINAL,I?L`AT'~ _ ,, SHERBROOKE,HOLLOWS SUBDIVISION O., 4 MEETING,DATE: APRIL 12, 2000 FACTS & FINDINGS: 1. SHERBROOKE HOLLOWS NO. 4 is a 36-lot residential subdivision on 14.35-acres. This site is located at the northeast corner of Victory Road and Locust Grove Road. 2. The preliminary plat was approved on May 21, 1997. All conditions of the preliminary plat have been satisfied. RECOMMENDATION: 1. Approve the final plat of SHERBROOKE HOLLOWS SUBDIVISION NO. 4 and authorize the President to endorse. SUBMITTED BY: DATE OF COMMISSION APPROVAL: Planningand Development Staff i .~du ~ou~t ~~~~w~~ '~~~t~~~t INTER-OFFICE MEMO Traffic Department Planning & Development Division TO: . FROM: SUBJECT P ryoaow a _/T ~~ S3 i 3 19 20 30 29 RT s,~ 6 5 4 3 2 1 ~s B(_ 1 ~ E LAKE CREEK DR ~ 14 "`• c" 15 m 15 21 ,~ 16 14 16 ~ ~ 20 ~ 17 13 19 ;£ 18 12 E~°~"" 18 ~` 19 311 20 21 "p, 23 17 22 23 24 4... 25 16 ~ E -"yYOR O 15 14 13 12 11 . _ ~~ S Q~ a RT RT R-4 )1 'tom \ Y---- _- ---~,1 , I I , ~ , :r r r----, •---- ~~ •~u ~--- - -- -- - ,~,~ E V W.tJER RrvER OR __ --\ ' -----------• c--•- 400 0 400 800 ~ ~ 1200 Feet BR-GGS ENGINEERING, INC. REVISION aa,~EE~~ SHERBROOKE HOLLOWS NO. 4 SUBDIVISION BRIGGS 5W 1/4 SECTION 20, T.3N., R.lE., B.M. t1 "', ' 1 ~~~~ ,~~ MERIDIAN, ADA COUNTY, IDAHO (208) 344-9700 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. N0. BOISE, IDAHO 83705 BKB 1" = 400' 12/07KJ9 980806 \980806.APR _~~ ; .. ~~ •„ z O . ~r-nr ~ V 1 m ~.-. 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I N $ ~\ AL ~ EIGHT M~IE LATE -~ p , ` ` 10 ~ ~ IQ Q .- ~'tt ~ o Y ; ~ O a w ~~ N ~} 10' 'Ar.ZI h I m H~ IO r g ~ o m ~ lU ztt 1 r.It ho ~ r~ ; f < ~1 Oo~o " r ~OS,>h.00 N J IN a e jW g~ o> a - I¢ f ~/ ~ , 1W~ vii :t ry O O rt J p ; Z 7 I W I n N M O H 00 Si w ~~ , . S , on I J ~ NN F- h~,= F °_z Q o ° „i v °i 2 ^ U d / wl " W z „I m I ~ ~j o ~I " > Y = ~ Y N I m I ~.. ON <~~ ~~ J ~ I :~ i l m Wa"~ 7.00 r' _ I ~ 2! _I n oaga. 8• a tD v ~ I O 3 0_ I u ~ IiV r3;; ' 2 W; I l Im ~"'vn U $ I 3" ~ 8NO°m N o.9` I ~~ w U~a u SB'rCS 3 OS rr OO N '= ~c r- ^I~ } ---__ , _ _ __ _____ ` ' _ ~ o n I 3 N r U l ~g w4 W Z to !~ / MERIDIAN CITY COUNCIL MEETING: Au4ust 19.1997 APPLICANT: WESTPARK CO. ITEM NUMBER: 10 REQUEST: PRELIMINARY PLAT FOR SHERBROOKE HOLLOW ANNEXATION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. P{arming - St~erbrt~oke #4-block 3 lo# 15 -~t~esday,-May 02, 2000 Planning -St~~ert~roc~+ce #4 k>bck ~0 dot 7 Tuesday,.May 02, 2000 ~a~~r,~ Planning Sherbrooke #4 block 10 lot-1 Tuesday; May 02, 2000 i, MERIDIAN CITY COUNCIL MEETING: JULY 20 1999 APPLICANT: GEM PARK II AGENDA ITEM NUMBER: 13 REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS N0.4 AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES FROM 7/6/99 CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: , INTERMOUNTAIN GAS: BUREAU OF RECLAMATION; . OTHER: All Materials .presented at public meetings shall become property of the City of Meridian. Meridian City Council Meeting July 6, 1999 Page 42 ENGINEERS, INC -EAST OF STRATFORD DR & NORTH & SOUTH OF WATER TOWER LN: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 16. PUBLIC .HEARING: REQUEST FOR REZONE OF .967 ACRES (FROM R-4 TO R-8 WITH CONDITIONS FOR SINGLE FAMILY RESIDENTIAL) FOR TREMONT PLACE SUBDIVISION NO. 2 BY LARRY & KAY HANSEN= BROADWAY & 8T" STREET (951 W: PINE STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 17. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TREMONT PLACE SUBDIVISION NO. 2 (ONE EXISTING, FOUR NEW BUILDING LOTS) BY LARRY & KAY HANSEN-BROADWAY & $T" STREET (951 W. PINE STREET): (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 18. PUBLIC HEARING: REQUEST FOR ANNEXATION & ZONING OF 27.86 ACRES (FROM RT & R-4 TO R-8) FOR PROPOSED WILKINS RANCH SUBDIVISION BY STEINER DEVELOPMENT LLC-SOUTH OF USTICK & WEST OF TEN MILE: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) 19. PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR WILKINS RANCH SUBDIVISION (89 BUILDING LOTS ON 27.86 ACRES) BY STEINER DEVELOPMENT LLC -SOUTH OF USTICK & WEST OF TEN MILE: (CONTINUE PUBLIC HEARING UNTIL JULY 20, 1999) Corrie: Due to the lateness of the hour, it's 10:30. We've got some other things to go. I would suggest with the Council's approval we table the public hearing on 14, 15, 16, 17, 18, and 19 at this point . Bentley: So moved. Anderson: Second. Corrie: Motion is made and second to table items number 14, 15, 16, 17, 18, and 19 to be on the first of the agenda on;July the 20tH. Is there any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Corrie: Okay they wil{ be on the first of the agenda on the 20tH 20. FINAL PLAT FOR SHERBROOKE HOLLOWS NO. 4 SUBDIVISION BY GEM PARK II -EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY: (TABLE UNTIL JULY 20, 1999) Corrie: Staff comments from Shari? Meridian City Council Meeting July 6, 1999 Page 43 Stiles: Mr. Mayor and Council, I also do not have a transparency apparently for this project. 1f you'll remember this was a section of the property being developed by Westpark Company at Locust Grove and Victory. They had come in with another proposal for this particular portion of the property wherein they would remove the access to Locust Grove Road. That project was denied and they have come'~back with the final-plat reflecting the originally approved pre{iminary plat that has the roadway to Locust Grove Road. I would ask that you incorporate staff comments, particularly the comments from Bruce Freckleton and myself dated June 22~d, 1999. We do have a 2eaponse from the applicant. I don't know if you have that in your packets dated July Bentley: Yes, we have it. A Stiles: And Becky is not here. She said she would address the drainage comment at the Council hearing so I don't know -there was a significant drainage problem. As far as I know they've been working with the Public Works Department to try to resolve that. It was particularly in the area adjacent to John Shipley to the north, and I believe they have been working that out. The other one we highlighted was number 8. That is our ..letter from Ada County Street Name Committee was that that was not approved, the name, but you know that's really a technicality that can be taken care of before we sign the plat. Other than that, it appears they have agreed with all of our recommendations and we ask that the plat be approved. We would like the fire department to have some input on when the bridge would need to be constructed so there is~an access to Locust Grove Road. Currently they have two proposed roads going to Victory, but vve feel it's important that they have some kind of a restriction as to the number of homes that are built until that's built. At first they said the Ada County Highway District they were going to wait until it was in their plan, which could be who knows. So that was our comment number 14 under site specific. Her response is the applicant understands and will comply. Our comment we would recommend building permits be prohibited until the bridge connection to Locust Grove is constructed. So if they understand and will comply, I guess we don't have a prablem. Bentley: Yeah, I have a problem with going through with this without having her response to that drainage issue; We've met with Mr. Shipley several times in the past on the very issue and I think that needs to be spoken to before this is passed. Rountree: I agree with Mr. Bentley. I kind of miss not having John here this evening, Stiles: I could call him. Corrie: I'll entertain a motion then for tabling it. Bentley: Mr..Mayor I move we table this to July 20tH Rountree: Second. Meridian City Council Meeting July 6, 1999 , Page 44 fl. Corrie: Motion is made and second that we table item 20, final plat for Sherbrooke Hollows No. 4 until the July 20th meeting. Any further discussion? Hearing none all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 21. REQUEST FOR TIME EXTENSION FOR FINAL PLAT FOR TEARE COMMERCIAL SUBDIVISION BY ANDERSON-DAVID & ASSOCIATES, INC.: (APPROVE ONE YEAR EXTENSION) Come: Shari? Stiles: Mr. Mayor and Council, this is Van Auker property that's on Overland Road. There are buildings on two of the lots. The only remaining lot I believe is the one adjacent to Overland Road. They submitted this letter just prior to expiration of the preliminary plat, and maybe Mr. Anderson could let us know when that final plat will be forthcoming so we would know. Are you requesting one year extension? (Inaudible) Anderson: My name is Gordon Anderson with Anderson-David & Associates. Right now the status of the plat is we need to get Central District Health's signature and a letter from the city of serviceability a'nd then it's going to go right to Gary for his review and then from there to Priester, sa it will be about two months probably before it gets finally signed and recorded. Corrie: So you're talking about the 21St of September? That's two months. Anderson: Sooner if I can push it faster.. But yeah, I'd say realistically two months. I don't- know what Gary's back log is and I know Priester's is three to four weeks. Corrie: Gary, does that sound plausible to you? Okay the 21St of September, we're going to have two months and - Anderson: The owner is motivated to get me motivated to get it done beings that. I get called every day. It's going to get done. Corrie: I understand. Rountree: Question for Shari, this is the first request for extension? Stiles: Yes for recordation of the final plat. Rountree: Okay, Mr. Mayor I move that we approve the request for extension of final plat for Teare Commercial Subdivision by Anderson-David & Associates for a period not to exceed one year. Bird: Second. Corrie: Motion is made and seconded that we approve the request for time extension for final plat for Teare Commercial Subdivision by Anderson-David & Associates, Inc. a JUL-rJG-1777 1VJ•JJ i7tC1UUJ GYUIIVCCI<11YU+ 1iYl... e; - ~,,,a BR/'GGS ENG/IVFFR/NG, /nc. 1cr~oJtiJG7JrJ r.rJG ETlC~MEE7i~S ] P~~~°/ SURVEYOitS - 1800 West Overland Road Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEI-Idaho@msn.com ,iuly 2, 1999 + City of Meridian 4'hone: 888-4433 33 East Idaho St. Fax: 888-4218 Meridian, Idaho 83642 Attn: Will Berg, Shari Stiles, & Bruce Freckletori R.J/: +Sherbrooke.Hollows.Subdivi'sion.#4 Final Plat (Responses to Staff s C~nunents) General Requirement. 1. Small drainage ditches, which traverse the project, have been piped. The Eight-Mile Lateral will nut be piped because it exceeds a 48-inch pipe size. A variance was granted by the City Council for a waiver of piping on the Light-Mile Lateral. 2. No septic or wells exist on the subject property within phase 4. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7, The applicant understands and agrees. 8. The applicant will comply. 9. The applicant will comply. Site Specific RecLuirements: 1. The applica~it will comply. 2. The applicant will comply. 3. The applicant will comply. 4. the applicant will comply. 5. This drainage comment wilt need to be discussed with the project engineer. 1 will address this issue at the Council hearing. 6. The applicant understands and will comply. ?. The final plat will be revised accordingly. 8. The final plat reflects approved street names. StaB's Comment is in error. ~. The final plat will be revised accordingly. Removing the easement area from the lots and merginc it into the common lots. 10. The applicant will comply. 1 1. The final plat will be revised accordingly. /G.S~ 9808Q6/city-comments JUL 02 '99 10.35 JUL 02 '99 10 36 12083452950 PAGE. 02 12083452950. PAGE. 03 J Ut_-kJG-1777 lel ~ J4 LSK 1 UU5 CNU 1 iVCCK 1 NU , 1 fVl... 1GVJbJ4JG7JCJ r . IJ' J c i~ ~ ~/~/(~(7~ C/YV~ ~.tl•(!l~<7 1/~V IOVVyY vvc„a nv ,w M - 12. The applicant will comply with UBC requirements concerning fill on lots. 13. The Tina! plat will be revised accordingly. 14. The applicant understands and will comply. 15. 'fhe final plat will be revised aceordin~ly. !6. The legal descriptio~l will be reviewed and modified if necessary. Sincerely; $ri~gs Engineering, Inc. Becky L. Bowcutt, Land IJse`Planner BLB:dw 980306~city-comments JUL 02 '99 10 36 TOTAL P. 03 12083452950 PAGE. 03 r HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live ~~,I Mem~rs _ CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO EcEI~~ GLENN`BENTLEY MERIDIAN, IDAHO 836, j- ~' .7u RON ANDERSON Phone (208) 888-4433 • Fax (208) gg'~8~7__-4813 $ X99 KEITH BIRD JUN 2 CITY OF 1RID'I PLAI~1I1Ti~~ ~ ~~~ MEMORANDUM: ; To: Mayor'and City Council From: Bruce Freckleton, Assistant to City-Engineer Shari Stiles, P&Z Administrator LEGAL. DEPARTMENT (208) 884-4264 PUBLfC WORKS BU[LD[NG DEPARTMENT (208) 887-2211 PLANNING AND ZONING DEPARTMENT (208)884-553? June 22, 1999 Re: Request for Final Plat for~She brooke,Hollo' w "Sulidi~ision.No: 4' by Gem Park II - 36 Lots on 14.35 Acres We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL INFORMATION This final plat generally conforms to the approved preliminary plat, though some lots have had minor modifications. Sewer and water service to this site will be via extensions of mains that are being installed as part of earlier phases of this development. GENERAL REQUIREMENTS 1. 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 irrigationldrainage 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. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. 4. Sewer and water mains shall be extended to and throu;;h the proposed .development. Subdivision designer to coordinate main sizing and routing with the Public Works FP-99-022 SherbrookeHollows#4. FP.doc Mayor and City Council June 22, 1999 page ~2y Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of centerline. ~ a ... S. Submit a plan approvalf letter to the Public Works Department from the entity having jurisdiction over design and construction of the pressurized irrigation,system. A letter of credit or cash will be required for these improvements prior to signature on the final plat. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. 7. Water service to this development. is contingent upon positive results from a hydraulic analysis by our computer model. 8. 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. . 9. Please address, in written form, all items contained in this memorandum (both Czeneral and Site.:. Specific) and submit to the City Clerk's office by~ 12:00 noon, July 2, 1999. Prior to development plan approval, three copies of the revised plat must be reviewed by the Public Works Department for compliance with.all conditians of plat approval. SITE SPECIFIC REQUIREMENTS: Applicant is to meet all terms and conditions of the approved preliminary plat. 2. Temporary fencing to contain construction debris shall be installed and maintained along all phase lines prior to obtaining building permits unless specifically waived in writing by the City P&Z Administrator. Construct permanent, six-foot-high,. non-combustible perimeter fencing along the Eight Mile Lateral and northern boundary. A letter of credit or cash will be required for this fencing prior to signature on the final plat. Fencing is to be in place prior to applying for building permits. 3. Two-hundred-fifty-watt and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. .All streetlights shall be installed at subdivider's expense. Typical. locations are at street .intersections and/or fire hydrants. 4. A detailed landscape plan for the common areas shall be submitted fors review and approval asrequested- during the preliminary plat stage. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. 5. The design of the drainage area shall ensure that water is retained only d~.~ring major storm events for a maximum 24-hour period. The City has been experiencing problems with groundwater in drainage areas, particularly those without an outflow to •an existing drainage system. Fe-~-ozz SherprcakeHolbwstl4. FP.doc f ~ Mayor and City Council June 22, 1999 Page 3 6. Street signs are to be in place, water system shall be approved and activated; pressurized irrigation system approved- and -activated, drainage lots constructed, and` road base approved by the Ada County Highway District prior to any building permitss being issued. Landscaping shall be installed prior to obtaining certificates of occupancy. 7. Modify or revise the following notes: (6.) Delete "sibility is" on`third line. (14.): Add that Lot 22,, Block 2, is owned and maintained by the Sherbrooke Hollows Subdivision Homeowners Association. ., 8. S. Ketchum Way is not shown as being approved on the Ada Country Street Name Committee approval letter.. Revise plat to conform. 9. Note 12 indicates that Lot 2, Block 10, and Lots 14 and 16, Block 3; az~~ affected by a ` non-encroachable storm drainage easement. If the area is not usable by the homeowner, it should not be included as part of the buildable lot. Adjust plat to meet minimum 80- foot frontage and 8,000 minimum square footage requirement exclusi~re of drainage easement. 10. Please execute the Certificate of Owners and accompanying Acknowledgment. 11. Lot 11, Block 3, doesn't meet the minimum 80-foot frontage requirement ~` Revise plat to conform. ~-0 12. Submit compaction test results to the Meridian Building Department for aJ~l lots receiving fill material. d 13. Provide a blowup detail of the pin configuration for the NW corner of Lot 16, Block 2, and the out-parcel for Intermountain Gas Co.. sz 14. Staff recommends that building permits for this subdivision be prohibited `until the bridge connection to Locust Grove is constructed, as no certificates of occupancy can be issued until all improvements aze completed. ,~ 15. Please revise the erroneous distance call on the east side of Lot 16, Block 4. It appeazs that it should read 121.45'. 16. Revise the "Right" direction call for the first curve referenced in the legal description of the Certificate of Owners. It appears that it is a curve to the "Left". ~-~-o¢s sn~k~n~uaFP.a« ~, ~~i (~E7LV~+' SUBDIVISION EVALUATION SHEET ~' JUG ~ ~ 199 CI'i`X OF MERIDIAri Proposed Development Name S~iE, RBROOKE-HOL-L-OWS=NO: 4, City_Md#a"~NING ~ ZQNiNG ___ _ ~., Date Reviewed 08/17/99 Preliminary Stage Fina(XXX i Engineer/Developer Brigg,~ E~„Qr. /Gem Park 2 I'~ ~~ The Street name comments listed below are made by the members of the ADA COIJ'INTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Orcfinance. ~,. The following existino street names shall appear on the plat. ~r "E. VICTORY ROAD" ~` "S. LOCUST GROVE ROAD' ,l i; "E. DWORSHAK DR." i~ r~~-4- i ~~eC~. ~,. ~ '~ ~~ ~'. n "E. MACKAY DR.° ~' !i ;r ~. . dc~. s~ ~~~ -- ~ ~ ~l. ILA (~~ ~ . ~!~ ~T ~+ "S KETCHUM WAY° is approved and shall appear on the plat. R' . a These findinos are subie~t_to_recordation of the surrounding properties. The above street name comments have been read and approved by the following agency representatives of the ADA GOUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street namesto be officially approved. ~ ADA COUNTY STREET NAME COMMITTEE, AGENCY REPRESENTATII/ES OR DESIGNEES ~' Ada County Engineer John Priester Date _ Ada Planning Assoc Ann Hurley Date ,~ ~~ ' ~ ~~ City of Meridian Representati ~ Date !~ ~ 1 ~ ~ ~ S D ~ 3\ ~// p a ~~CD ~ ~ 0 " ~ / ~- A ate Fire District Meridian Representative C ~, NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the,"final piaY', otherwise the plat will not be signed 111! ~' `° Sub Index Street Index 3N 1 E 20 Section I' NUMBERING OF LOTS AND BLOCKS 4U TR4SUBSISM CITY.FRM ~. ~` _ f x MERIDIAN CITY COUNCIL MEETING: JULY 6, 1999 APPLICANT: GEM PARK it AGENDA ITEM'NUMBER: 20 REQUEST: FINAL PLAT FOR JI'1ERB O KO E'Ii'OL'L"OW.S NO'.'"4~~ AGENCY COMMENTS CITY CLERK: .1 CITY ENGINEER: SEE ATTACHED COMMENTS °~ CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: REVIEWED CITY FIRE DEPT: REVIEWED , CITY BUILDING DEPT: ~ CITY WATER DEPT: REVIEWED MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: t IDAHO POWER: US WEST: .. INTERMOUNTAIN GAS: a t BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. C t L HUB OF TREASURE VALLEY Mayor !LEGAL DEPARTMENT ROBERT D. CORRIE A Good Place to Live '! I2os> ssa--~~ba Council- Member 6 PUBLIC 1~'ORKS CITY OF MERIDIAN `~ CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (3O8) ss7 ~~ ~ 1 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 P[.ANNING AND ZONING KEITH BIRD 1 DEPARTMENT (208)884-5533 MEMORANDUM; ''June 22, 1999 ~ `, To: Mayor. and City Council JR ~ ~ ~ ~ v E D R JU~V 2 9 ~99~ From: Bruce Freckleton, Assistant to City Engineer Shari Stiles, P&Z Administrator ~ ~ C i t ~~ ~ t _Yiericiian ',~ City Clerk Office Re: Request for Final Plat for Sherbrooke Hollows Subdivision No. 4 by Gem Park II - 36 Lots on 14.35 Acres We have. reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressi3~ modified or deleted by motion of the Meridian City Council: ~ f 'f GENERAL INFORMATION This final plat generally conforms to the approved preliminary plat, though somE~ lots have had minor modifications. ~ '~ ,~ Sewer and water service to this site will be via extensions of mains that are being installed as part s of earlier phases of this development. i ~v GENERAL REQUIREMENTS ~~ ~r ~r 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance l I-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users associatiori, with written confirmation of said approval submitted to the Public Works Department. ~ 2. Any existing domestic wells and/or septic systems within this project ~ vill have to be removed from their domestic service per City Ordinance Section 5-7-51T~ Wells may be used for non-domestic purposes such as landscape irrigation. t - `# 3. Coordinate fire hydrant placement with the City of Meridian's Public Works Department. F~ 4. Sewer and water mains shall be extended to and through the proposed development. Subdivision designer to coordinate main sizing and routing with they Public Works Fr FP-99-022 S~ ~~ SherbrookeHollows#4FP.doc ! ` i~ Mayor and City Council ~~ June 22, 1999 ~~ Page 2 _ ~; Department. Sewer manholes are to be provided to keep the sewer lines on'the south and west sides of centerline. 5. Submit a plan approval letter to the Public Works Department from the'; entity having jurisdiction over design and construction of the pressurized irrigation system. A letter of credit or cash will be required for these improvements prior to signature on"the final plat. 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 11-9-606.B. ~;~ 7. Water service to this development is contingent upon positive results from a hydraulic analysis by our computer model. ~~ 8. 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 name ~. Make any corrections necessary to conform. 9. Please address, in written form, all items contained in this memorandums (both General and Site Specifc) and submit to the City Clerk's office by 12:00 noon;' July 2, 1999. Prior to development plan approval, three copies of the revised plat must lie reviewed by the Public Works Department for compliance with all conditions of plat approval. SITE SPECIFIC REQUIREMENTS: 1. Applicant is to meet all terms and conditions of the approved preliminary ~~lat. ,~ 2. Temporary fencing to contain construction debris shall be installed and maintained along all phase lines prior to obtaining building permits unless specifically waive:'d in writing by the City P&Z Administrator. Construct permanent, six-foot-high, n~~n-combustible perimeter fencing along the Eight Mile Lateral and northern boundary. Ar letter of credft or cash- will be required for this fencing prior to signature on the final plat,. Fencing is to be in place prior to applying for building permits. 3. Two-hundred-fifty-watt and one-hundred-watt,. high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intei"sections and/or ,fire hydrants. ;~ 4. A detailed landscape plan .for the common areas shall be submitted for review and approval as requested during the preliminary plat stage. A letter of credit or cash surety will be required for the improvements prior to signature on the final plat. ' 5. The design of the drainage area. shall ensure that water is retained only during major storm events for a maximum 24-hour period. The City has been experiencing problems with groundwater in drainage azeas, particularly those without an outflo`N to an existing drainage system. ~i~ FP_99-022 SherbrookeHolkrwsNd.FP.doc Mayor and City Council a June 22, 1999 Page 3 t 6. Street signs are to be in place, water system shall be approved and activat~ d, pressurized irrigation system approved and activated, drainage lots constructed, ;end road base approved by the Ada County Highway District prior to any building permiiys being issued. CI:andscaping sfiall'be-installed pior~to obtaining certificates of occupancy. 7. Modify or revise the following notes: (6.) Delete "sibility is" on third line.- ` (14.) Add that Lot 22, Block 2, is owned and maintained by the Sherbrooke Hollows Subdivision Homeowners Association. ~1 8. S. Ketchum Way is not shown as being approved on the Ada County Street Name Committee approval letter. Revise plat to conform. i~ a i 9. Note 12 indicates that Lot 2, Block 10, and Lots 14 and 16, Block 3, ane affected by a p non-encroachable storm drainage easement. If the area is not usable by the homeowner, it should not be included as part of the buildable lot. Adjust plat to meei7 minimum 80- foot frontage and 8,000 minimum square footage requirement exclusi ~e of drainage easement. - '~ 10. Please execute the Certificate of Owners and accompanying Acknowledgment. 11. Lot 11, Block 3, doesn't meet the minimum 80-foot frontage requirement.''', Revise plat to conform ;~ 12. Submit compaction test results to the Meridian Building Department for all lots receiving fill material. I~ 13. Provide a blowup detail of the pin configuration for the NW corner of Ll~t 16, Block 2, and the out-parcel for Intermountain Gas Co.. 14. Staff recommends that building;permits~forahis=subdivision~be proluliited'~until-the~bridger, ~connection'to`I;ocust"GTOVe.is constructed; as no certificates of occupanc;~ can be issued until all improvements are completed. 'l 15. Please revise the erroneous distance call on the east side of Lot 16, Bloclc 4. It appears that it should read 121.45'. ',j ~! 16. Revise the "Right" direction call for the first curve referenced in the legal description of the Certificate ofOwners. It appears that it is a curve to the "Left". '~ 9~ i a. t~-9v-azz ,s ygShetbrookeHoilowsil4FP.doc ''1 i~ .: ~ iGVVJ">JG JJV I~ VG i~ ~.'~ ~ ~~~ ~ $1J~Y(~R$ 1800 West ONerland Road Boise, Idaho F13705 - 3142 Voice, (2013) 344-9700 Fax (2013) 345-2950 E-mail BEI-Idaho@msn.com ~', b July 2, 1999 City of Meridian Phone: 888-44:33 4 33 East Idaho St. 18 Fax: 888-42 Meridian, Idaho 83642 ~Y Atm: Will F3erg, Shari Stiles, & Bruce Freckleton ~!~ R.1?,: Sherbrooke Hollows Subdivision #4 l~ ~~ Final Plat (Responses to Staff's Comments) i ~P General Requirements: , ~~ 1. Small drainage ditches, which traverse the project, have been piped. The Eight-Mile Lateral will not r be piped because it exceeds a 48-inch pipe sire. A varia~lce was gxanted b~f the City Council for a waiver of piping on the Eight-Mile Lateral. ~~ 2. No septic or wells exist on the subject property within phase 4. ;, 3. The applicant will comply. ~~ 4. The applicant will comply. ~~ 5. The applicant will comply. 6.. The applicant will comply. ~s 7. The applicant understands and agrees. ~6 8. The applicant will comply. - ~'~ 9. The applicant will comply.. Q ~'~. Site Specific Requirements: ~i 1. The applicant will comply. ~I 2. The applicant will comply. ,, 3. The applicant will comply. ~'~ 4. The applicant will comply. '- 5. This drainage comment will need to be discussed with the project engineer. t will address this issue at the Council hearing. 6. "Che applicant understands and will comply. 7. The final plat will be revised accordingly. S. The final plat reflects approved street names. Staffs Comment is in error. 9. The final plat will be revised accordingly. Removing the easement area fror`n the lots and merging it [. into the common lots. ~! 10. The applicant will' comply. ~~ 11. The f nal plat will be revised accordingly. ~1 ~R ~~, p 980806/city-comments 4 JUL.02 '99 10 39 i~ 12083452950~~ PAGE.02 J uL. e.+L ~JJJ 1V'JG c7nluuJ CrvulrrCCrCtlvw 11 V1.. 1GCrOJ~-IJG~JYJ ~~ 12. The applicant will comply with UBC requirements canecrnirig hll on loi^5. ''~ 13. The final plat will be revised accordingly. 14. The applicant understands and will comply. °'~ 1 ~. The final plat will be revised accordingly. 1 16. The legal description will he reviewed and modified if'necessary. Sincerely, Briggs }3ngineering, inc. Becky L. Bowcutt, band Use Planner BI,B:dw 980806/city-comments JUL 02 '99 10 39 r . e~J o ~~ a li a ~s a °~ TOTAL P. 03 17faOZnC'~OKfa onrr ~~ ~~ ' HUB OF TRE 4SURE ~,~LLEY '' Mayor ROBERT D. CORR[E , A Good Place [o Live s~~ LEGAL DEPART~~IENT ~~ ~~~~~ ~Irmher~ CITY OF MERIDIAN (_08) 88.1-1261 ~ ~ PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO , ~BUILD[NG DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83632 ~ IZos) ~~~ 22 ~ ~ RON ANDERSON Phone (208) 888-=~d33 • Fax (208) 887-4813 ~~PLANNING AND ZONING KEITH BIRD ~~' DEPARTMENT ('08)881-i>~3 ~I _ . _ . . ~'. ~I i TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN iy ~'• To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommen~~ations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1999 iy TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 6..19~i9 ~o FILE NUMBER: FP-99-022 II ~+ REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO.4 SUBDIVISION BY: GEM PARK II i~ LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF LOCUSTs3GROVE AND NORTH OF VICTORY ~ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT {` MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) THOMAS BARBEIRO, P/Z ADA COUNTY HIGHWAY DISTRICT _BYRON SMITH, P/Z ADA PLANNING ASSOCIATION -KEITH BORUP, P/Z CENTRAL DISTRICT HEALTH ~, ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RON ANDERSON, C/C SETTLERS IRRIGATION DISTRICT -CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & F~fNAL PLAT) KEITH. BIRD, C/C U.S. WEST(PRELIM & FINAL PLi~T) - GLENN BENTLEY, C/C - INTERMOUNTAIN GAS(PRELIM„& FINAL PLAT) - WATER DEPARTMENT BUREAU OF RECLAMATION(PFZELIM & FINAL) - SEWER DEPARTMENT IDAHO TRANSPORTATION DE'.PARTMENT - BUILDING DEPARTMENT ADA COUNTY (ANNEXATIO ) ~!~ q ~' FIRE DEPARTMENT YOUR CONCISE REMARKS: - I - I POLICE DEPARTMENT ~ ~~ - - CITY ATTORNEY IVOnJ - 13u~ 1 F ~a.- 1~ L-o fi u>i LL n;..2~ -CITY ENGINEER -CITY PLANNER ~o % Q ,a, L~ X42 r~s h /~,.~~? CJ.~~~~5, [. r :~~fjs. /' ~J! C ~r HUB OF TREASURE' GALLEY Mayor ROBERT D. GORRIE LEGAL DEP.4RT;~IENT A Good Place t0 Live ~ ('03) 33-t -~'G-t CITY OF MERIDIAN ~ PUBL(G ~~oRKs CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 836~t2 ~'-03) s37-~~11 RO[Y ANDERSON Phone (208) 888--1433 • Fax (208) 387-481~~~~~~ ~~~'~NING AND ZONING KEITH B[RD ~ DEPARTMENT ++1 ' .., (~ ~ 1='03) 83a-»33 ~` -s TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 1, 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 6, 1999 FILE NUMBER: FP-99-022 REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS NO.4 SUBDIVISION BY: GEM PARK II LOCATfON OF PROPERTY OR PROJECT: EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C _KEITH BIRD, C/C GLENN BENTLEY, C/C ~GWATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANN X~ON) YOUR CONCISE REMARKS: ,[~p E /~~p-r-~S CENTRAL •~ DISTRICT 'HEALTH DEPARTMENT CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Return to: R~C~~~~ ^ Boise ^ Eagle ^ Garden City Meridian ^ Kuna ^ ACZ Rezone # ~I AI ? ~ innn Conditional Usk, ~ J Prelimina Plat 5 5 - ~~ z ~~ETGL ~TOD~L-~ ~~~Glf ^~ ~~ ^ 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 ~ ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiv'sng ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning wellVconstruction and water availability. 8. After wr' ten 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. Run-off is not to create a mosquito breeding problem. ^ I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to 6e installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 ~14. ~/~i4~c-~ C~ r~i%%Cf~G Si~~~w~-,lei Date: ~ /_~/ s S .~?i'i4~/:r~~g'.n~a-/i ~~~ ~ w~, ~~G'~l ~ b~J Reviewed By: '~'11~~/~~ ~oHO ,o,,, ~. ,~:,,9, Review Sheet ~ CE~~in,~!_ ~~ OtSTRICT ,~` H EA LT H ... 'V C:, ^, .V 11i".I<.iGCi~IG a. _C'c~ iC 7~ .. ..,:` l-~"; . ...:' ~ -:( -_' ~~w OEP.-~RT,~tENT ,t~~ C ~C: ~ •~ - ru ~rrcatl Graf irCal dtseate ar:d dlsubritN,' to prunture hcta:frv lifestyles; artd w prolce: acrd arornurc lfer lceufdt acrd .iuaiay uJ uur an'crururrerrt. STOR~tiI~'~':~TER til:~,~~i.=~GEI~IErT RECO~tiItiIENDATIO~iS ~V'e recommend that storm~vater be pretreated through-a Grassy swaie prior to discharge to the subsurface to prevent impact to around~.vater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and dzsi~n a storm~vater management system that is preventing ~round~vater and surface water de~radatior.. ~Iariuals that could be used for guidance are: I) State Of Idaho Catalog Of Stormwater Best ti~Iana~ement Practices For Idaho Cities And Counties. Prepared by t`~e Idaho Division Of Environmental Quality, July .1997. ?) Sto~~vater Best ylanaCer~ent Practices Guidebook. Prepared by City Of Boise Public ~~Torks Department, January 1997. Sco Rn W aver ;/93:C(y Seriirt; ~ia!(ty, E!rrtore, Boise, ar:d.~dc Courtdes Elmore Cotlrtry Ct3ca `/ctley Co~rtry Ct,cca ACO / 3oise Cour.ry Cttica .1CC •'NIC SC: 91(ita OftiCa '. : : , zlt??t ~I 7~,~, N, I; :`g?r ini :`t. qtr.-;:c^g?I. ;cC6 Rcczr; - r; , , , . -- ~~tCt/ntCdn Hc.^?. ~C E:Eai ~ ` ~' Cx ~sz. i0 d1%: 'C V a , ctse. tC I-f?_tL't::ai •:.L7 Gnvirc ~; .. .. tO b'3 . CC -,,, =m,:r^.. `+drt:nyh7•; 9 ~ «t . J, - ~^~ ` ~+ - . r^dy y:?C::R..Zi -._Gi i•~ %'1. G.i ~^7I d -r/ ~~_~ n~: i?i -7:1CC , ~ •~:( .,3. -^- . ~,wC. ;hi _ ;~q ~.::C. 6.. ~''<I i d ~R;C: sai•13?l 'y9rr; `(urnr~Cn: J?i•i:1M: ~ ~i.f ::; ..71 ~ ;~, N ,w. ~.x~~ CITY OF MERIDIAN FINAL SUBDIVISION. PLAT CHECKLIST INCOMPLETE SUBMIT.TALS`WILL`NOT BE PROCESSED 5 ~ ,~ , SUBDIVISION NAME: SHERBROOKE HOLLOWS SUBDIVISION NO. 4 ENGINEER: BRIGGS ENGINEERING INC. KATHY STROSCHEiN'_ ' F ~~ The final plat shall include and be°in compliance with all items required undeY~.Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following:. ITEM DESCRIPTION 1. Thirty (30) copies of written application for approval as stipulated by the Council ~ 2. Proof of~current ownership of the real°property it the proposed final-plat and' consent of recorded' owners of the plat (warranty deed, signature sheet of final plat) 3. A statement of conformance with~'the approved preliminary plat and meeting all requirements or conditions thereof - 4. A statement of conformance with all requirements and provisions of this Ordinance { 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings fo'r streets, water, sewers, sidewalks, irrigation and other public improvements .~ ~. 8. Thirty (30) prints of the final plat at a scale of one ' inch equals three hundred feet (1" =1300'). `lriclude subdivision and street names, lot` and block numbers only COMMENTS ATTACHED / ATTACHED SEE ATTACHED STATEMENT~/ SEE ATTACHED STATEMENT s SEE ATTACHED STATEMENT/ LETTER ATTACHED 2/11/99 and 1 /21 /99 _~ S. 4CP'f 1N,,~.1,10~ ~o'~ o~ aQ~~ bst ATTACHED ~r ATTACHED 980806\FINCKLST-MER FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting c. Sectional location of plat -County d. North arrow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) ~`'" including curve table k'~ Descriptions of survey monuments I. .Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor -signed seal q. Land Surveyor business name -City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - 40 Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council 980806\FINCKLST-MER Page 2 Sherbrooke Hollows & Sherbrooke Village Approved OK / OK / OK / OK / OK OK / OK OK OK OK ~~ OK OK OK OK / OK ~/ OK / OK / OK / OK / 400.00 :.fir: v -FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles, Planning & Zoning Administrator Gary D. Smith, P.E.. City Engineer ACCEPTANCE DATE: ADDITIONAL INFORMATION NORMALLY REQUIRED BY THE CITY OF MERIDIAN: 1. SQUARE FOOTAGE OF LOTS (8'/2 X 11 SHEET) 2. GRAOUND WATER REPORT -ATTACHED TO PLANS 3. DEVELOPMENT AGREEMENT (IF AVAILABLE) 4. CC & R's (IF AVAILABLE) 980806\FINCKLST-MER LETTER ' OF BRIGGS ENGINEERING, Inc. 1800 West Overland Road Boise, Idaho 83705 PHONE: (208) 344-9700 • FAX NO: (208) 345-2950 ~~ TO ~• WE ARE SENDING YOU ^ WE ARE RETURNING TRANSMITTAL DATE ~ Zg~~ ID N0. ~R~~~ JOB NA VlN I~ fAA~ S ME JOB ADDRESS qTY, STATE ^ SHOP ORA WINGS ^ CHANGE ORDER ^ COPY OF LETTER PLANS ^ OR/G/NALS F/NAL PLA T ^ SPEC/F/CA 770NS ^ COMPUTER D/SK ^ OTHER ^ ENCLOSED ^ UNDER SEPARATE COVER VIA ^ FEDERAL EXPRESS COURIER COPIES DATED ID NO. DESCRIPTION g ~ ~ Z ~~ 3 I. n t I ~- C THESE ARE TRANSMITTED AS CHECKED FAR APPROVAL ^ APPROVED AS S!/BM/TIED FA4 YOIUR INFARMAAAN ^ APRROVID AS NOTED ^ AS REIXlES1ID ^ RETURNED FAR CARRECAAII ^ FAR RENEW AND CA4/MENT ^ PR/CE ^ FAR BIDS DUE REMARKS COPY TO BELOW ^ RE57/BM/T CA°/ES FGI~ APPROVAL ^ SY/BM/T COP/ES FAR D/SIR/BUAA'V S ^ RETURN CARRECTID PR/Nls C ~ ~cu '. \ k, 1 _ ,, r ~ REQUEST, FOR, SUBDIVISION. APPROVAL . ~~, , : -~. ~ . . PRELIMINARY PLAT AND/OR FINAL PLAT ~- ~._ _ .< PLANNING AND ZONING COMMISSION,. z x,,,~s ,, ~ _~ 4 3 q ,. TIME TABLE FOR~SUBMISSION: n // e ~ ~k T f A request for.preliminary plat approval must be in the City Clerks possession no later than `three days following the regulaz meeting of the Planning and Zoning Commission. .~ _. The Planning -and Zoning- Commission will hear the request at the montlily meeting following. the month that the request was made;- _. After a'proposal enters the process it maybe acted upon at~subsequent monthly meetings °- provided the: necessary.procedures and documentation are received before S:OO P:M., Thursday following the Planning and ZoninguCommission action. .~ ~. GENERAL INFORMATION -, l . Name of Annexation and Subdivision: , ~ Sherbrooke Hollows Subdivision No. 4 2. General Location: SW'/ Secp20 T3N R1E (East side of Locust Grove and'North of Victoryl` 3. `Owners of record: y ~ " Gem Pazk ~II. Address: ~ P..O:~Box~ 344 =Meridian..ID. ,Zip '83642 Telephone 888-9946 4: Applicant: Gem-Pazk II .: .: . _ , 4 . , j ~ _ Address: P. O. Box 344, Meridian, ID ,Zip 83642 Telephone 888-9946- 5. ` Engineer,'= y ~_ Kathy'Stroschein Firm Briggs Engineering,~Inc. Address, 1800 W. Overland Road, Boise, ID -Zip 83705 Telephone 344-9700 . 6. 'Name and address to receive:City billings - ,Name: Gem Park II r Address P O. Box 3441VIeridian. ID 83642 Telephone '' 888=9946 - -. PRELIMINARY PLAT CHECKLIST: Subdivision Features. ' a 1. 'Acres: .14.35 2. =Number`ofbuilding lots: ~ ~36~ .-- 3.Number of other lots: ,-4-~Common ,, 4. Gross density per acre: 2.79 S. '~ Net density per acre: _ ~~- . r 2.51 6. Zoning Classification(s): R-4 7. ''If the°proposed subdivision is outsideahe Meridian City Limits,but within the jurisdictional .mile,'whati's ~the existingzoning classification? N/A 8. .Does the plat horde"r. a potential green belt? W No .:a ~ l ` 9. Have recreational easements been provided for?. No '. ~ ` - 10. - Are there;proposed recreational amenities to the City? No ~ Explain F ~, , 11. Are there proposed dedications of common areas? No " `~ Explain For future parks? No Explain 980806\SUBAPPI;"=MER-final ~1) 12 ~~ What school(s) service the area? Mary McPherson , do you propose any agreements for future school sites? No .Explain 13. Are there any other proposed amenities to the City? Central Water Supply Hydrants , Fire Department, Central Sewer, Other ,Explain Extension of Nine Mile Sewer Main within the subject property 14. Type of Building (Residential, Commercial, Industrial or combination): Residential 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): Single FamilyDwellin~_ 16. Proposed Development features: a. Minimum square footage of lot(s): 8,000 SF b. Minimum square footage of structure(s): 1.400 SF c. Are garages provided for? Yes Square footage: 400 d. Has landscaping been provided for: Yes ,Describe 30 feet of landscaping along Locust Grove Road (Lot & 7, Block 10). e. Will trees be provided for? Yes ,Will trees be maintained ? Yes f. Are sprinkler systems provided for? Yes g. Are there multiple units ? No ,Type: Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Garages and Driveways j. Value range of property: N/A k. Type of financing for development: Conventional 1. Were protective covenants submitted? Yes ,Date: 9/30/98 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 980806\SUBAPPL-MER-final (2) /- Yj o-m SOUTH LOCUST GROVE RD. -~-._._._ N 00'44'S0'.E 792.11' __ __ --~ N N 00'44'50" E 534.95 --~--'~~~~~~~ --~ 1p ~. ^ - - ~ - INIERMOUNTAW GAS •598.14' + ~N 794.27' \\ R~ ~ PARCEL (NOT A PART) 900' 44.50• W 531.08' N 17.5 ' i~ $r 1 ~ V' N , ° 534.52' ,~--' 6L 111 ~'~ - J 149.71' J0.00' O ^~ Z ~. 4o a UlFFA( U97/FNI ~ '-~'~ 'LS g£ •e~ 11.07' S 00' 44' S0' W C ~ NS N N _~.-' Op .415 3g6C 945 _ r°+,Io - 170.01 I lug " A _ I ~A "'Sti i' ~.~(.I -__•--___ ~ ______'~ s1 .Z1 ~3 ~GYp~09\ S3 9C.~ 58 Li .gi m O ug m I~~ I ~zm ~'id, ~lr l0'L6l 5 390.50 5 3.~~e,y1.t9~:B+14 ~, ~' v -~iJ m I ~ NE~m'1 3.~0010 B~t.ZI ,T ~~5 z ° N m + ~ ° .OS'9sl I n j a_ N 3• tl ~~ : m. 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E~~~ 15 m 15 21 16 14 13 16 20 17 19 18 12 L 11 18 19 20 21 23 17 22 23 24 25 16 ~ E "~+c,r~ 15 14 13 12 11 10 19J 20 30l 29 RT ETag 9H8Oi EE.fY JET BT qq ~~ A N , ~ ~ ~ ~ ~ , F DWDFfINK DF .___~-_- ~ r ; ' _ _r_i_,__~i_ ~-, - ~__ - i--O~~ , , --~-- ~---1---1--- O , - - -, -- ~ - ~ - --- --- -- -- - ~ N i ~ O~J --- ~ _ ~~ fY.CVAY ~ ' J __ _ ~ ~' \ \~_~_~ - ~--- ~- 'w ~ O ` ---------- , 4~ Ivy _'r--- --- ~ ~ ~~~~~.. ~~,J~,.. `.b~.rC1 \~Ji _1~~~~~ ~'~ ~ -___r____IQ r_-_ , , , M -`~ ~-"Itl I , i i y ____r _- ~6 i , ~ Hj .. , - s i I , Q~ , ~ m ,•-___----~I ___- l ~ ,r E PON9ER RIVER DR , , , t F~•~.lf ~-f l~~f!!E e~ RT R7 F .. 400 0 400 800 1200 Feet BRIGGS ENGINEERING, INC. REVISION ,N~ SHERBROOKE HOLLOWS NO. 4 SUBDIVISION BRIGGS SW 1/4 SECTION 20, T.3N., R.lE., B.M. „~ MERIDIAN, ADA COUNTY, IDAHO Cog) 3aa9~oo 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1" =400' 05127199 980808 ~980g06.APR ~~~,~~ HUB OF TREASUREVALLEY ~s~". N1~y0f CE L DEPARTMENT RoaERT D. coRRIE A Good Place to Live ~' ZoB~ 884-4264 until Members CITY OF MERIDI ~1N o x;.19Q~ PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 CITY OF MERIDIAI'I~8> 887-'-2I I Phone (208) 888-4433 • Fax (208) 887-4813pI~ING ~ Z PLNN~GG AND ZONING RON ANDERSON KEITH BIRD DEPARTMENT (208)884-5533 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: Wilt Berg, City Clerk by: July 1 1999 TRANSMITTAL DATE: June 7, 1999 HEARING DATE: July 6, 1999 FILE NUMBER: FP-99-022 REQUEST: FINAL PLAT FOR SHERBROOKE HOLLOWS N0.4 SUBDIVISION BY: GEM PARK tl LOCATION OF PROPERTY OR PROJECT: EAST SIDE OF LOCUST GROVE AND NORTH OF VICTORY:. TAMMY DE WEERD P/Z MALCOLM MACCOY, P/Z THOMAS BARBEIRO, P/Z BYRON SMITH, P/Z KEITH BORUP, P/Z ROBERT CORRIE, MAYOR RON ANDERSON, C/C CHARLIE ROUNTREE, C/C KEITH BIRD, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM_& FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL) IDAHO TRANSPORTATION DEPARTMENT ADA COUNTY (ANNEXATION) YOUR CONCISE REMARKS: ~>~. F„r:r. Y r c~ ~xx~xx~~~ ~.e~e~ ~or Value Received KEN.AI PARTNERS, LLC., .A LIMITED LIABILITY COMPANY the grantor , do hereby i,Tant, bargain, sell and convey unto GEM PARK II PARTNERSHIP, .AN IDAHD GENERAL PARTNERSHIP whose Curren[ address is P, 0. Box 344, Meridian, Idaho 83b42 the grantee ,the following described premises, in ADA SEE .ATTACHED LEGAL J. BOISE NDVHCPO 1998 SP 1 I PNt 4~ C I County Idaho, to wit. At,11ERICAN ~`x~ ~'1~1-E G~' itECOROED-~EUUc,ST OF f EE.~.=---OEPU 9sas~s~ ~O HAVE AND TO HOLll the said premises, with their appurtenances unto the said Grantee , heirs and assigns forever. And the Cranrot do hereby covenant to and with the said Grantee that he the owner in fee simple of said premises; that they are free from all encumbrances, EXCEPT chose to which this conveyance is expressly made subject and those made, suffered nr done by the Grantee ;and subject to reservations, restrictions, dedications, easements, rights of way and agrcnnents, (if any) of record, and general taxes :tnd assessments, includes irrigation and utility assessments, (if any) for the current year, which are not due and payahle, and that Cr,mtor wil! wartant and defend the same from np lawful Claims whatsoever. ~ated; September L0, 1998 ~ ~• ~ 1 ` . ,1t ~'\ ~ ,1 Managing Member cF~~~ .+J'TATE OF IDAHO. COUNTY l~F STATE OF IDAHO 1 COUNTY OFADA f :~. On this 10th day of September l9 9„$__, before me a Notary Public in and for said State, personally appcarod _ Gregory B.' Johnsora.~~pd Robert R. Bass !mown to the to be the ,~ r,r r.,+~~, Com~anMemberin the Limited Liability ~~' Kenai Partners, LLC.. A Limited Liability P y A~w~pho f~bed said Limited Liability Company name to the fore- going instrument, and acknow ged to c t OTrfid jn ~_ ocFcuted the same in said LLC same. .k ~.~. Notary Pubtic '.~ jq'••.•..~.• ~ , . ` ''..T~OPl9.. '~ ~ ... Residingaz: Meridian, Idaho Commission Expires: l l /02f OL 3 , • LSC.7~7~ hs'SCRIPT'~ON •• froncinued) FILE NO: Si486B EXHIBIT A 4 ..~ _. ~A~PAACEL OF LAND HEING A PORTION OF THE SWl/4 OF SEC?ION 20~"TOWNSHIP 3 NORTH, RANGE 1 • EAST OF THE~BOSSE MERIDIAN, MHRZDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS Fl~LLOWS : ' .. .. F ' COMMENCZNp 7~T THE SW CORNER OF 6ECTION 20, T. 3 N., A. 1 E., B,M.; THENCE S'B9°34'22' E 1;30.30 FEET ALONG THE SOUTHERLY BOUNDARY LINE OF SAID SECTION 20 TO THE WEST; 1/16 CORNER OF-SAID SECTION 20, SAID POINT BEING THE SOUTHEASTERLY CORNER OF ~SHERBROOKS HOLLOWS SUBDIVISION NO- 1, AND~THE~REAL POINT OF BEGINNINp OF T7iIS SUBDIVISION; THENCE ALONG THE EASTERLY BOUNDARY OF SHERBROOKH HOLLOWS SUBDIVISION NO, 1 THE FOLLOWING: THENCE N•00°34'24"''~E~516,00 PEST TO A POINT; ~ ~ THENCE N 89°34'22" W 1fi,75 FEET TO R POINT; THENCE N 00°30'93" W 128,90 FEET TO A POINT; THENCE N 00°25'38" E 50,00 FEET TO A POINT; THENCE N 89°34'22" W 22,98 FEET TO A POINT; THENCE N 04°00'00" W 108.32 FEET TO THE SOUTHWESTERLY CORNER OF SHERBROOKE HOLLOWS sUBDIV2sroN Na. 2; ALONG THE SOVTI3TRLY BOUNDARY OF SHERBROOIG: HOLLOWS SUBDIVI9ION NO. 2 THE FOLLOWING: THENCE 5 89°34'22" S 322.64 FEET TO A POINT; THENCE N 00°25'38" £ 19.63 FEET TO A POINT; THENCE N @4°00'00" E 126.93 FEET TO A POINT; • THENCE 6 02°00'00" E 9.71 FEET TO A POINT OF CURVATURE; THENCE ALONG A CURVE TO THE LEFT 44.36 FEET, SAID CURVE HAVING A RADIUS OF 125.00-PEET, DELTA ANGLE OF 20°19'55", TANGENTS OF 22.41 PEST, AND A LONG CHORD BEARING 9 12.09'58" 8 44.1] FEET TO A POINT; THE.*ICE S 18°20'02" W 26.07 FEET TO A POINT; THENCE S 59°00'00^ W 1.66 FEET TO A POINT; THENCE S 31°00'00" E 60.00 FEET TO A POINT; THENCE S 76°00'00" E 28.28 FEET TO A POINT; THENCE N 59°00'00" E 50.00 FEET TO A POINT; THENCE N 14°00'00" E 28.28 FEET TO A POINT; THENCE N 59°00'00" E 6.64 FEET TO A POINT OF CURVATURE; ?HENCE ALONG A CURVE TO THE RIGHT 41.14 FEET, SAID CURVE AAVXNG A RADIUS OF 75.00 PEET, DELTA ANGLE OF 31°25'38", TANGENTS OF 21.10 FEET, AND A LONG CHORD BEARING N 74°42'49" E 40.62 FEET TO A POINT OF TANGENCY; THENCE S 89°34'22" S 93.85 FEET TO A POINT; LEAVING THE SOUTHERLY BOUNDARY OF SHERHROOKE HOLLOWS SUBDIVISION NO. 2; THENCE 5 00°34'22" W 777.04 FEET TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF 6AZD SECTION 20; THENCE N 89°34'12" W 640.00 PEET TO THE REAL POINT OF BEGINNING. PROPOSER 6HERBAOOKE HOLLOWS SUBDIVISION NO. 3 EXCEPTINp THfiREFROM A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST 1/4 SOUTHWEST 1/9 OF SECTION 2D, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAf~O, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' (CONTINUED) - ~ ...... ' •LE01'S, 17..SCRIPI_ ON -~_• (contini~e.d] 1 FZLE N0: 514868 CONAIENCING AT THE BRASS CAP MARXINC TEE CORNEA CONS•SON TO SfiCTIONS 19, 20, 29 AND 30, TOWNSRI373 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COIIN'PY, ZDA$0; THENCE SOUTH 89°34'22" EAST 1340.30 FEET ALONG TFO; LING COFAlON TO SAID SECTION 20 AND 29 TO AN ALIIMZNLM CAP MARXING T]i~"WEST 1/16 CORNER C029•SON TO SAID SfiCTZONS; THENCE NORTS 0°34'29° EAST 25.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF W. VICTORY ROAD, SAID POINT BEING THE R`AL POINT OF BEGINfTING; TH~1CE CONTINUING NORTH 0°34.24" EAST 506.00 FEET ALONG THE WEST LINE OF SAID SOUTBfiAST 1/4 SOUTHWEST 1/4 OF SECTION 20; T&HNCE 60UTH 89°32'0!" EAST 639.99 FEET; THENCE _ 60ITTA 0°34'29• WEST 505.60 FEET TO SAID NORTH RIGHT-OF-WAY OF w, VICTORY ROAD.; THENCE NORTH 99.34'12' WEST 690.00 FL'BT TO THE REAL POZNT OP BEGIJTNING. AND ALSO E7CCEPT THAT PORTION WITHIN RIGHT OF WAY OF VICTORY ROAD. Case KC-LD# 51382 c~ ~xxx~xx~~~ ~.e.e.~ c. or Value Received RICHARD W. COONSB AND RHOxDA K. COONSE, HUSBAND AND WIPE the grantor S do gS hereby grant, bargain, sell and convey unto GEM PARK II PARTNERSHIP, AN IDAHO GENERAL PARTNERSHIP whose current address is 2000 E. VICTORY ROAD , MERIDIAN, IDAHO 63642 the grnntce S the following described premises, !n ADA G~unty Idaho, to wit: SEE "EXHIBIT A" ATTACHED HERETO AND MADE A PART HEREOF`. !CONTINUED) AMF~RICAN LAND T(TL~ CO. RECQRQEQ• REQUEST} F ' OA CL'JN7Y RE~i7°7Ei; J.OAV10 HAVARRD eorsE. roaH~ FEE~pEPUT 19S8AU3! Pri 447 980S3706 ll0 HAVE AND TO HGLD the said premises, with their appurtenances unto the said Grantee S , -THE1R heirs and assigns forever. Andthe Grantors doES hereby covenant to and with the said Grantee g, that They the owner S in fee simple of said premises; that they are free from all encumbrances, EXCEPT chose to which this conveyance is expressly made subjec[ and those made, suffered or done by the Grantee S ;and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (If any} of record, and general taxes and assessments, inchtdes irrigation and utility assessments, (if any) for the curren[ year, which are not due and payable, and'that Grantors will watranr and defend [hc same from all lawful claims whatsoever. ~ated: August 31, 1'998 ~~~. ,ems _ ~~~ RICHARD W. COONSB RHONDA K. COONSE p`~TATE OF IUAHO, (X)UPfTY OF ADA On this 31ST day of AUGUST , 79 9B , tuforc trsc, a rw[ary puhlic rn anJ fur said Stare, txrwtnlly appeared RICHARD W. CO ttrMrsysrr's' RHONDA K. C E ~'~Io1 ~~ known ro me ro )~ rs~S h~r® r~rt)~"sS'; wbzcrihed m the i~ insrerpm t, • acRp !edged io me thur THEY ~ ~ C~ ~ cxnvmd the awmc. KIMBERLIE S. 'C'#4~t68r~~. Nowry['ubfic Rexidint; at BOISB , ld~alw Comm. Expires 6/22/2001 3 Y >s T z G ', .LEGAL DESCRIPTION - (continued} FILE NO: 51382 r EXHIBIT A A PARCEL OF LAND BEING A PORTION OF THE SOUTHEAST 1/4 SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE ' MERIDIAN, ADA COUNTY, IDAHO, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE BRASS CAP MARKING THE CORNER COMMON TO SECTIONS 19, 20, 29 AND 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89°34'22" BAST 1340.30 FEET ALONG THE LINE COMMON TO 9AID SECTION 20 AND 29 TO AN ALUMINUM CAP MARKING THE WEST 1/16 CORNER COMMON TO SAID SECTIONS; THENCE NORTH 0°34'24" EAST 25.00 PEST TO THE NORTH RIGHT-OF-WAY LINE OF t W. VICTORY ROAD, SAID, POINT BEING THE REAL POINT OP BEGINNING; THENCE CONTINUING NORTH 0°34'24" EAST 506.00 FEET ALONG THE WEST LINE OF SAID SOUTHEAST 1/4 SOUTHWEST 1/4 OF SECTION 20; THENCE SOUTH B9°32'04" EAST 639.99 FEET; THENCE SOUTH 0°34'22" WEST 505.60 PEST TO SAID NORTH RIGHT-OF-WAY OF W. VICTORY ROAD; THENCE NORTH B9°34'12" WEST 640.00 PEET TO THE REAL POINT OF BEGINNING. a 3 app, CUL'~TY P,ECCROE?, J. LA1'IQ MA'JARRO 19991~Y - 7 r' ~ °, ~ Z d NAMPA & M~~~~!~ -~~~I~ia(~ `DISTRICT FEE ~'O~DEFUTY S90~~~05 BILL OF SALE FOR SHERBROOK HOLLOWS SUBDIVISION NOS. 2, 3 AND 4 0 KNOW AL~, MEN BY THESE PRESENTS, That on this ~ day of ~JZt !i - , 1999, GEM PARK II, an Idaho Partnership, hereinafter referred to as "Seller", for good and valuable consideration, the receipt of which is hereby acknowledged from NAMPA & MERIDIAN IRRIGATION DISTRICT, 1503 First Street South, Nampa, Idaho 83651, hereinafter referred to as "Buyer", and does.by these presents Grant, Bargain, Sell and Convey unto Buyer, and its successors and assigns, the personal property listed as follows: All irrigation equipment, including, but not limited to pipelines, fittings and valves, constructed or to be constructed, which constitute the pressurized irrigation system located in Sherbrook Hollows Subdivision Nos. 2, 3 and 4 which are legally described in Exhibit A which is attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns ~° forever; and Seller does covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, Seller does hereunto set its hand the day and year first above written. BILL OF SALE -PAGE 1 GEM PARK II, an Idaho Partnership STATE OF IDAHO ) ss: COUNTY OF ADA ) A'~ 'On this ~~ day of ~1~ L , 1999, before me, the undersigned, a notary public in and for said state, personally appeared. GREG JOHNSON, known to me to a partner of Gem Park II, the partnership that executed the foregoing instrument and acknowledged to me that such partnership 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. • ' 4~ ~ ~.~ AR I,'L,~.,~ ? No Public for Idaho ~ "~' ~~,- v * ` Residing at ~r ~ SG , ~~d-a.1,~ ~t P ~ ~~ZG se o ; My commission expues: ~ ~ ~a a n ~~~'+fti ~ ~i~ ~~ Z~;~s'~,, BILL OF SALE -PAGE 2 t COMBINED LEGAL DESCRIPTION FOR SHERBROOKE HOLLOWS SUBDIVISIONS NOS. Z, 3, & 4 - February 16, 1999 Parcels of land comprising proposed Sherbrooke Hollows. Subdivisions Nos. 2, 3, & 4, being portions of the SW'/< of Section 20, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, and being more particularly described as follows: PARCEL ((PHASE NOS. 2 & 3) Commencing at the SW comer of Section 20, T.3N., R.1E., B.M., thence S 89°34'22" E 1,340.30 feet along the southerly boundary line of said Section 20 to the West 1116 comer of said Section 20, thence N 00°34'24" E 25.00 feet along the west line of the SE'/ of the SW %< of said Section 20 to a point on the north right-of-way of Victory Road, fhe REAL POINT OF BEGINNING of this parcel description; Thence continuing N 00°34'24" E 491.00 feet along the west line of the SE'/< of the SW'/< of said Section 20 to a point; Thence N 89°34'22" W 16.75 feet to a pointy Thence N 00°30'53" W 128.90 feet to a point; Thence N 00°25'38" E 50.00 feet to a point; Thence N 89°34'22" W 22.98 feet to a point; Thence N 04°00'00" W 216.65 feet to a point; Thence S 89°34'22" E 35.59 feet to a point; Thence N 00°25'38" E 150.00 feet to a point; Thence N 89°34'22" W 30.83 feet to a point; Tf~ence N 00°25'38" E 100.20 feet to a point; r Thence along a curve to the left 12.62-feet, said curve having a radius of 1,025.00 feet, central angle of 00°42'19", tangents of 6.31 feet, and a chord of 12.62 feet which bears S 88°47'00" E to a point; ~ - Thence N 00°51'50" E 50.00 feet to apoint; - ~ . • Thence along a-curve to the right 5.00-feet, said curve having a radius of 975.00 feet, central angle .. ~. of-00°17'38", tangents'of 2.50 feet, and a chord of 5.00 feet-which bears N 88°59'21" W.tp.a point;- _ ~ .. Thence. N 00°25'3$." E.121.93 feet to,a point on.the.north line of the S,'/2 Qf.ttte S.W 1/4..of said . ::. .. Section _20; .. ~ - -- .; - ; ... ..~ :• - . ; _. ' ....~.: EXHIBIT ~ ' Thence S 89°49'11" E 940.56 feet along the north line of the S'/Z of the SW 1/4 of said Section 20 to a point on the centerline of the Ridenbaugh Canal; Thence along the centerline of the Ridenbaugh Canal the following: Thence S 20°43'18" E 111.74 feet to a point; Thence along a curve to the (eft 168.45 feet, said curve having a radius of 750.00 feet, central angle of'12°52'06", tangents of 84.58 feet, and a chord of 168.09 feet which bears S 27°09'21" E to a point; Thence S 33°35'24" E 233.60 feet to a point; Thence S 52°22'24" E 44.13 feet to a point; Leaving said centerline of the Ridenbaugh Canal; Thence S 00°25'48" W 206.35 feet to a point; Thence N 89°34'12" W 538.36 feet to a point; Thence S 00°34'22" W 632.15 feet to a point on the north right-of way of Victory Road; Thence N 89°34'12" W 640.00 feet along the north right-of-way of Yctory Road to the REAL POINT OF BEGINNING' of this parcel description, comprising 26.55 acres, more or less. And also PARCEL I[ (PHASE NO.4j, Commencing at the SW comer of Section 20, T.3N., R.1E., B.M., thence S 89°34'22" E 951.40 feet aiang the southerly boundary tine of said Section 20 to a point on the centerline of the Eight Mite Lateral, thence N 03°04'10" W 45.08 feet along the centerline of the Eight Mile Lateral to a point on the north right-of-way of Victory Road, the REAL POINT OF BEGINNING of this parcel description; Continuing along the centerline of the Eight Mile Lateral: Thence continuing N 03°04'10" W 274.32 feet to a point of curvature; Thence along a curve to the Jeff 155.25 feet, said curve having a delta angle of 74°07'42", radius'of 120.00 feet, tangents of 90.64 feet, and a long chord bearing N 40°08'01" W 144.65 .feet to a point; Thence N 77°11'52" W 523.60 feet to a point; Leaving the centerline of the Eight Mile Lateral: ~. Thence S 89°22'14" W 323.49 feet to a point on the west boundary of-the SVV 1/4 of said Section 20; ., Thence N 00°44`50". E 792.41 feet along the west boundary of the SW 1/4 of.said Section 20 to the ~ ~~ northwest comer of the SW 1/4 of the SW 1/4 of said Section 20; ..:. :.. .._ Thence S 89°49'11" E 701.73 feet along the north boundary of the SW 1/4 of the SW 1/4 of said Section 20 to a point; Thence S 00°25'38" W 93.65 feet to a point; Thence S 13°07'49" W 104.66 feet to a point; Thence S 11°00'00" W 181.09 feet to a point; Thence S 14°25'58" W 50.02 feet to a point; Thence S 12°48'08" W 112.00 feet to a point; Thence S 77°11'52" E 234.78 feet to a point; Thence N 83°56'00" E 91.99 feet to a point; Thence S 01°17'09" W 40.07 feet to a point; Thence S 21°00'00" W 105.75 feet to a point; Thence S 17°56'22" W 50.00 feet to a point on a curve; Thence along. a curve to the right 29.05 feet, said curve having a delta angle of 03°30'15", radius of 475.00 feet, tangents of 14.53 feet, and a tong chord bearing N 73°48'46" W 29.05 feet to a point; Thence S 13°30'00" W 111.82 feet to a point; Thence S 77°11'52" E 15.33 feet to a point of curvature; Thence along a curve'to the right 206.95 feet, said curve having a delta angle of 74°09'27", radius of 159.89 feet, tangents of 120.83 feet, and a long chord bearing S 40°08'53" E 192.80 feet to a poin~ of tangency; Thence S 03°04`10" E 276.76 feet to a point on the north right-of-way of Victory Road; Thence N 89°34'22" W 40.07 feet along the north right-of way of Victory Road to the REAL POINT OF BEGINNING of this parcel description, comprising 14.35 acres, more or less. s Combined area of Parcels I and II comprises 40.90 acres, more or less. Michael E. Marks, P.L.S. No. 4998 r ' ~pF CGtJ~TY REC~D}2DE~ .,. DA`J10 NRAYHftnRQ • 1Q99 hY -7 A~~ ~~ 20 REGUt~;Utu-~.cuv+-~ NA~v1PA & PYlER17iA`I IP,RtGATION DISTRICT FEE~~OERJTY 990! 5 0~ QUITCLAIM DEED GRANTOR, Nampa & Meridian Irrigation District, whose address is 1503 First Street South, Nampa, Idaho, for good and valuable consideration, does hereby REMISE, RELEASE and forever QUITCLAIM, unto Gerri Park II, an Idaho Partnership; P.O Box 344, Meridian, Idaho 83642 all of the following"described real estate, situate in the County: of Ada, State of= Idaho, to-wit: " e ' See attached exhibit "A" TOGETHER with all tenements, hereditaments and appurtenances thereunto belonging. In construing this deed, and where the context so requires, the singular includes the plural and the masculine, the feminine and the neuter. IN WITNESS WHEREOF, the said GRANTOR has hereunto set its hand this day of ~ ~ / , 1999. NAMPA & MERIDIAN IlZRIGATION DISTRICT By r,•~ - ,. ,'~ ATTEST': 1 r ~ ~ - r , J/ . ~ v ~' ~` STATE OF IDAHO ) ss: County of Canyon ) On this ~~ day of , 1998, before me, the undersigned, a Notary Public in an ~ for said State, personally appeared ~j,~~,t~ ~~.~i~,~ ~~~.s ~ and ~~ ~ ~yt ,known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. ~~~,///1///ffy~,f •~ 1~ , ~ ;•••q~~ •~pTA~p~; s~•••.,Notary Public for the State of Idaho ~~ ~ ; ~, ~tesiding at ,,D ~ .ul.~ ,Idaho . . *, ~ - - G ! 3VIy Commission Expires:_ ///D~/ZDDO :~ ~~ DAUB L1 ~~.~~ •; •',. 9 ~'•....••' A .~~ QUITCLAIM DEED - PAGE 2 EXHIBIT "A" PUMPHOUSE DESCRIPTION AT PROPOSED SHERBROOKE HOLLOWS SUBDIVISION February 19, 1999 A parce! of land located in proposed Sherbrooke Hollows Subdivision in the S'/z of the SW 114 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particulariy described as follows: Commencing at the southwest corner of Section 20, T.3N., R.1E., B.M., N 0°44'50" E 1,327.36 feet along the west line of said Section 20 to the northwest comer of the S %Z of the SW %4; Thence S 89°49'11" E 2,157.00_ along the north line of the S '/z of the SW %< to a point; Thence S 0°10'49° W 5.00 feet to the northwest comer of this pumphouse parcel, the REAL POINT OF BEGINNING of this description; Thence S 89°49'11" E 20.00 feet to the northeast corner of said parcel; Thence S 0°10'49" E 20.00 feet to the southeast corner of said parcel; Thence N 89°49'11" W 20.00 feet to the southwest corner of said parcel; Thence N 0°10'49° E 20.00 feet to the REAL POINT OF BEGINNING of this description. This parcel contains 400 sq. ft. (0.009 acres), more or less. LAND Michael E. Marks, P.L.S. No. 49M ~ Y. wLl ~~~~ t~` 4~5 Fs. 961102\pumphouse-Exhib itA BRIGGS ENGINEERING' Inc. 1800 West Overland Road Boise, Idaho 83705 - 3142 ENGINEERS / F~LANNERS /SURVEYORS Voice (208) 344-9700 Fax (208) 345-2950 E-mail BEldaho@msn.com May 27, 1999 STATEMENT OF CONFORMANCE SHERBROOKE HOLLOWS SUBDIVISION N0.4 The final plat is in conformance with the approved preliminary plat and reflects conditions setforth in the findings. 2. All lots meet or exceed the dimensional standards of.the R-4 Zone. The plat is in conformance with the provisions of the Meridian City Ordinance. 3. The plat conforms to acceptable engineering, architectural- and surveying practices and local standards. STATEMENT OF COMPLIANCE 1. All streets are proposed as public with 50-foot right-of--ways, curb, gutter, 5' sidewalk and 36' back to back asphalt. 2. The proposed residential use is in conformance with the Meridian Comprehensive plan. 3. The development will connect to the Nine-Mile Sewer Trunk line and to central water. 4. The subject development complies with the Meridian City Ordinance. A variance was granted bye the City Council for block length and- excluding Eight-Mile Lateral from the piping requirement. 5. The final plat reflects all existing and proposed easements. 6. The street names comply with comments by the Ada County Street Name Committee dated 2/11199. 980806/stm n t-conform-fi n a I i 4 ~ O ~ ~ ~~ N 00' 44' S0~ E 5J4.95 ~ _ i a$n m ~ O N N n -' I ~mZ ~ ~ yy NOO ~~ Nim ~~ mm lo, I ~ ^^ ~ ~ Z ~ N~i I v 8~p ^N~ • 2 E°. ~"' KI 2 NFFm sr ~ I ~ I = `"O $ o°O $ o'm ~ o °-I i -I m I r I m ~ I r h ~ 1~ o I~ n~1 ~~ ~ Im C Z ~ / 'l'I~, /~~ 2 I D , 2~ a ~. ~U is H m 2r'lU o " _ Y/gym r o I O ra •i~~ . 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DWORSIif K DR. 15 14 m 15 ~ 21 16 16 20 17 13 w 19 18 12 L 11 18 19 23 17 ~ 20 21 22 23 24 5 2 16 "_ _4 E'~*AYDR 15 14 13 12 11 \ 10 19 i-- 30 29 RT N w. on , ~ ~ , ~ ~ ~ ~ ~ , - ----------------~ ~~-- ; R_4 ; , r ~ ` ' ~ --~,~ --~---'---'---L--' I ~ ry 1--- ~~ - EM~LKA r J 1 ~~~~' \ \Y_-_' _____ __ ~~ ~ iO I I U ~r----~ `i'~ `I~ I- -'Y-"'1~ ~ __ , i i m ~ i ~ _ ~ i i i -• Ia r____i __.. _iy ~____ i i u g Q y ~ i ~ im . ~ i i i t_ i , ~~, E POWDER RIVER OR _ _ _ _ J ------------'' ~-'- ENCiOir W RT BRIGGS ENGINEERING, INC. p1DINEE1bNp ~ BRIGGS ~ .ND (208) 344-9700 1800 W. OVERLAND ROAD BOISE, IDAHO 83705 RT 400 0 400 800 SHERBROOKE HOLLOWS NO. 4 SUBDIVISION REVISION SW 1/4 SECTION 20, T.3N., R.lE., B.M. MERIDIAN, ADA COUNTY, IDAHO DESIGN DRAFT SCALE DATE DWG. NO. BKB 1" = 400' 05/27!99 980806 1200 Feet \980806.APR W 1 O (9 I- (n U O J 2 F- O LOT AREAS SHERBROOKE HOLLOWS SUBDIVISION NO 6LOCK 10 1 13 7 3 2 4 11412 SF 6 5 10214 SF 9445 SF 9441 SF v~`i< 0.262 AC. ~ 13831 SF 13067 SF 0.234 AC. 0.217 AC. 0.217 AC, m~ f a 0.300 AC. 0.318 AC n o 'N . vo w 1 4 ~o Q to72o sF E. DWORSHAK DR, 0'246 AC. J Q 1 5 11aa3 sF Z 1 5 .0.271 AC. W 9385 SF N ~ 0.215 AC, 9699 SF ~ 21 9080 SF 0.223 AC. ~ 12173 SF 0.208 AC. 1 4- ~] 0.279 Ac. 1 6 1 1 6 U [ U , N 12157 SF Q 1 3 a.27s Ac. 2 0 ~ 1 7 ~ 9713 SF 111 8610 SF 10607 SF 0 243 AC 0.223 Ac. . . ~ o.1ss Ac. E . ~Ak ~REe ~ k °R 19 ~ 18 12 - 0 217 AC 10824 SF '~ 0 285 AC . . . . 0.248 ac. 1 1 '~ 10556 SF 1 8 0.242 AC. 19 9845 SF 12624 SF 0.226 AC. 0.294 AC. 20 loeoa sF 2 1 0.246 AC. 8966 SF 22 23 1 7 BOO o.zo6 AC. 8966 SF 23 37 F 14457 SF Ck 3 0.206 AC. 6 2 4 2 5 22 S 0.332 AC. 0 864 AC 0.206 AC. 9021 SF . . E. M oso7 Ac. ol eo C 1 6 '° cKq l- O A z R. 1547a SF 1 5 0.355 AC. 1 4 8960 SF 2 2 BL O o.206 Ac. esso SF C 1 ~3 K 2 a.2os Ac. esso 5F 1 2 69166 SF 1.588 AC. 0.206 AC. 8960 SF l 1 0.206 AC. 8960 ~ 1 O 0.206 AC. 8883 ~ 0.204 AC. 3 4 22 EAST VICTORY ROAD . SUBDIVISION EVALUATION SHEET Proposed Development Name SHERBROOKE HOLLOWS NO. 4 City_Meridian Date Reviewed 02/11/99 Preliminary Stage XXX Final Engineer/Developer Briggs Enor. /Gem Park 2 The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. This is a revised plat for phase 4 It i a smaller acreage and number of {ots than before The following existing street names shall appear on the plat "E. DWORSHAK DRIVE" _ `E MACKAY DRIVE° I~ ~ _ .~~ Sr N1~1 E~ r_ f}-l~ L ~?/~ These findings are subject to recordation of the surrounding properties The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM E, AGENCY~PRESENTATNES OR DESIGNEES. // // Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian ,~ John Priester ,T` ~ ., Ann Hurley Representative Representative ~ ~ ~~ Date ~ ~ ~~~ Date a ~ 1 ! - C Date `=~ r-- P. Z Date ~ - ~~ NOTE: A copy of this evacuation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS ~C~ ~-~ ~ ~~'.. ~ ~~ ( ~ ~ ~ .~ , ~ ~~.~ TR\SUBS\SM CITY.FRM _ ~ ~- y Z//// L SUBDIVISION EVALUATION SHEET K,~ ~_, .t, l ~/ ~~ ;..~1.lA~'~ 2 s 1999 CITY OF-~~I~~Dll~:v Proposed Development Name SHERBROOKE HOLLOWS NO 4 City Meridian . Date Reviewed 01/21/99 Preliminary Stage Final XXXX ,..Engineer/Developer Brigos Enar. /Gem Park 2 . The Street name comments listed below are made by the members of the ADA COUNTY STREET .NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in ,. ~ accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat "EAST VICTORY ROAD" - "SOUTH LOCUST GROVE ROAD" 'E. MACKAY DRNE" "E. OWORSHAK DRNE" "E. LAKE CREEK DRIVE' "$. SIMMENTAL AVENUE' is agnroved and shall aggQar on the plat These findings are subject to recordation of the sun-oundina properties ~ c~ t ~~ ~ - The above street me comment have een read and appro wing agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be offcially approved. ADA COUNTY STREET NAME COMMITTEE, AGEN~.a( REPRESENTATNES OR DESIGNEES ~ Ada County Engineer Ada Planning Assoc. City of Meridian Fire District Meridian John Priester Ann Hurley Representative Date ~` Zz "~l~ Date ~-a'-~~ Date 'ZI-`~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Sub Index Street Index 3N 1 E 20 Section NUMBERING OF LOTS AND BLOCKS TRISUBS\SM_CITY.FRM 0 ~~~x~~~ ~ g~o7 a52- DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Gem Park II ,and Idaho General Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is P. O. Box 344, Meridian, Idaho 83642. 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", 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 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, which is when it is also rezoned, 11-2-417 D; and WHEREAS, an application for annexation and zoning of that certain property described _ _. _ _ -. m Ex ibit "A" was submitted, requesting zoning of __ Low Density Residential District (R-4) and the DEVELOPER has submitted a subdivision final plat for said property; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land 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, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, a request was made to the CITY to have the same annexed to said CITY, or rezoned, and the DEVELOPER has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 961 l02\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page I WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. 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. Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder" office prior to any development. b. That the property zoned R-4 ,described in "Exhibit A", shall have lot sizes of at least Eight Thousand 8 000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone including a minimum house size of Fourteen Hundred (1,400) square feet, and have no duplex units, townhouses, or patio homes constructed on said property. c. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat by the DEVELOPER and approved by the City, which is incorporated herein as if set forth in full herein. 3. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" (Improvement Plans") showing all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing and 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 are incorporated herein and made a part hereof by reference. 4. That DEVELOPER will, at his or their own expense, construct and install all 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. DEVELOPER agrees that no Certificates of Occupancy will be issued for any building or use on a lot until all improvements have been installed, completed and accepted by the CITY for any phase. 5. That DEVELOPER will construct and install all such improvements in strict accordance with the 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 of 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 of all said improvements 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 proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision 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 each of the two phases 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, that 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, or 96 l 102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 improvements, 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 interest rate equal to the prime interest rate of First Security Bank of Idaho plus 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, acid to be heard on themerits ~i Cheproposed F finding. ~- ~ - - ~ -~ - 10. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of OccuQancX within such phase and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area 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 property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity including, but not limited to, the right of appeal to a court of appeal to a court of competent jurisdiction. 11. DEVELOPER agrees that; in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 12. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVEI,OPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided Further Thal upon request of the DEVELOPER, the CITY will execute 961 102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 4 and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. 13. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, "- iiOwcvct, uta~ utc ttttittil:ttt~ ctutty sltait litat WQ11G11t at1t1 1G~J1ZJGllI ri1-JVi'itirl~ l.llat it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. 14. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that as security for the construction by the DEVELOPER of the Project 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. 16. 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 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. 17. That DEVELOPER agrees that those portions of the water main, as identified in Exhibit "B" hereto, including any water line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development. That sound planning requires construction thereof at the present time in order to accommodate future expansion and development. in recognition 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 5 of the cost savings which can be accomplished by construction of 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 agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of 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 for which the CITY may possibly agree to enter into a late comers agreement. T'ne CiT z's obligation to enter into a tare comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 18. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating 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. 19. 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 DEVELOPER: Gem Pazk II P. O. Box 344 Meridian, Idaho 83642 With copy to: Wayne G. Crookston, Jr. 33 E. Idaho Street Meridian, Idaho 83642 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this Section. 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, 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 6 as obligating a party to agree to any modification of this Agreement. 20. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 21. 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. 22. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 23. 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, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4, 1994. 961 102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 7 DATED the date, month and year firs* ~^^A".:^^ CITY OF MERIDIAN: By By Robert D. Corrie, Mayor William G. Berg, Jr., City Clerk 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO ) ss. County of Ada) Q~ On this 1 day of , 1998, before me, the undersigned, a Notary Public in and for said State, personall appeared Grey Johnson ,known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. _ _ TT.T ~Z7TTTTr00 ~Z~rTT'.nrni'.. T L....... 1.....^---~.. ,...~ -^^.L.......7 ..-,7 ..rF:..,..] r--. rr. 1 ..L~ ~ --- ' u~ rr a i i~a.:.~v yr iii.i~.vi , • iiuv~, ia.i~uiaw ~c.i iiiy iiaiiu cuau uiiin~.u uiy Gilii.Iai SEui, the ------ day and year in this certificate first above written. ~.•' L B p ~~ ~. ,~ ; ,~ ~ ~ ~pTAR Y ~:`'~ ~ ' N Public for Idaho ~ s Residing at: ~d13'-C. ~-~f~~ (SEAL) * ~, pU ~;;; G a ~ My Commission Expires: c~'~'r7QOC7 ~s ,p . ~, STATE OF IDAHO ) ss. County of Ada) On this day of , 1998, 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: 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 9 EXHIBIT "A". TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND GEM PARK II A parcel of land being a portion of the South '/ of Section 20, Township 3 North, Range 1 East, Boise Mprirfian, Ada r~~~nty, Iriahn, caul nar~at hainn mnra particularly dacr_.rihari ac fnllpwc. Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T. 3N., R. 1 E., B.M., Ada County, Idaho; Thence N 0°44'50" E 1,327.36 feet to an aluminum cap marking the south 1/16 corner common to said Sections 19 and 20, said point being the REAL POINT OF BEGINNING; Thence S 89°49'11" E 2,228.88 feet along the north line of the South'/~ SW 1/4 of said Section 20 to a point on the centerline of the Ridenbaugh Canal; Along said centerline the following courses and distances: Thence S 20°43'05" E 111.76 feet to a point of curvature; Thence along a curve to the left 168.45 feet, said curve having a central angle of 12°52'06", a radius of 750.00 feet, tangents of 84.58 feet and a long chord of 168.09 feet which bears S 27°09'08" E to a point of tangency; Thence S 33°35'11" E 233.60 feet to a point; Thence S 52°22'11" E 44.27 feet to a point; Leaving said centerline: Thence S 0°25'48" W 206.24 feet to a point; Thence N 89°34'12" W 538.36 feet to a point; Thence S 0°34'22" W 126.54 feet to a point; Thence N 89°32'04" W 639.99 feet to a point; Thence S 0°34'24" W 531.00 feet to an Aluminum Cap marking the west 1/16 corner common to said Sections 20 and 29; 961102.des Thence N 89°34'22" W 388.90 feet along the line common to said Sections 20 and 29 to a point on the centerline of the Eight Mile Lateral; Along said centerline the following courses and distances: Thence N 3°04'10" W 319.40 feet to a point of curvature; +~ Thence along a curve to the left 155.25 feet, said curve having a delta of 74°07'42", a radius of 120.00 feet, tangents of 90.64 feet and a long chord of 144.65 feet which bears N 40°08'01" W to a point of tangency; Thence N 77°11'52" W 523.60 feet to a point; i Leaving said centerline: Thence S 89°22'14" W 323.49 feet to the line common to said Sections 19 and 20; Thence N 0°44'50" E 792.41 feet to the REAL POINT OF BEGINNING of this description, said parcel containing 48.70 acres, more or less. EXHIBIT "A" 961 102 SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND GEM PARK II This subdivision is for 140 Single-Family dwelling units with an overall density of 2.87 dwelling units per acre. The DEVELOPER shall: i. i~EVELGrER shaii deveiup 'the property described in Exhibit "fi' as a i4u iot Singie Family Residential Development pursuant to §11-9-607 of the Meridian Zoning and Department Ordinance. 2. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACRD"}, Central District Health Department and the Nampa-Meridian Irrigation District. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Plat Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following: a. Landscaping -Locust Grove Road and Victory Road. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the east right-of--way line of Locust Grove Road ("Locust Grove Road Landscaping"), and adjacent to the north right-of--way line of Victory Road ("Victory Road Landscaping"}. The Locust Grove Road and Victory Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACHD right-of--way. The Locust Grove and- Victory Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk -Locust Grove Road and Victory Road. Prior to obtaining a building permit on the Subject Property, deposit funds with the Ada County Highway District for construction of a five-foot (5') concrete sidewalk or construct along the full length of the Subject Property adjacent to the west boundary of the Subject Property)"Locust Grove Road") and the south boundary of the subject property ("Victory Road"). The Locust Grove and Victory Road Sidewalk shall be constructed in accordance with the standards and specifications of the Ada County Highway District (hereafter "ACHD") in effect at the time of construction. EXHIBIT "B" 961102 SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 4 Dedication/Sale of Additional Right-of-Way -Locust Grove Road and Victory Road. Dedicate or sell land adjacent to the existing east right-of--way line of Locust Grove Road and existing north right-of--way line of Victory Road required to meet ACHD's requirement for aforty-five-foot (45') right-of--way from the centerline of Locust Grove and Victory Road, including any necessary bike lanes. d. Internal Roads. Construct the internal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(sl. DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code and preliminary plat approval. f. Plan Approvals. Timely submit and obtain the required approval by the City of all building plans, lighting plans, landscaping plans, and other plans relating to the development of the Subject Property in accordance with the Meridian City Ordinances. g. Compliance with ACRD Conditions of Approval. In the development of the Subject Property, comply with the terms and conditions of the approval by ACRD of the development of the Subject Property, as set forth in the ACRD Staff Report. A master drainage plan shall be submitted to ACRD and shall be approved prior to construction of the development. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals, Ditches and Waterways. Tile all canals, ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the irrigation district and/or downstream water users, except those waterways which include the Ridenbaugh Canal, Eight-Mile Lateral and Nine-Mile Drain as approved by variance by the Meridian City Council. Water and Sewer Service. Connect all water and sewer facilities within the Subject 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 Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. Landscaping -General. Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler irrigation system. All shrubs and trees planted on the Subject Property will comply with the EXHIBIT "B" 961 toe SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 4 CITY's landscape requirements, unless otherwise expressly approved by the CITY. 4. Lighting. 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. 5. Maintenance of Landscaping. All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Sherbrooke Hollows Home Owners Association. 6. Pressurized Irri ation. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. 7. Fencine. Perimeter fencing (required prior to obtaining building permits). The fence shall be six feet (6') in height and shall be permanent and constructed of non-combustible materials. 8. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances of the CITY. 9. Extension of the Nine Mile Sewer Trunk Line. The applicant will be responsible for extension of the Nine Mile Sewer Trunk line south on Locust Grove from the entrance of Los Alamitos Subdivision to the subject property. The 12-inch sewer trunk line will be extended through the subject property to Victory Road. 10. Relocation of the Nine Mile Drain. Provide evidence of plan approval from Nampa and Meridian Irrigation District prior to relocation of the Nine Mile Drain. 11. Block Length. The Meridian City Council granted a vaziance of the maximum block length of 1,000 feet on those block's which exceeded the requirement. 12. Shipley Property Drainage. Provide a plan with provisions for a perforated pipe to intercept subsurface drainage along the north boundary of the subject property. 13. Pedestrian Bridge. Provide evidence of a deposit in the amount of $15,000.00 to a trust fund at Ada County Highway District for one-half the cost for a future pedestrian bridge over the Ridenbaugh Canal. 14. One Story Lots. Lots 2, Block 2 and 2 Block 7 Sherbrooke Hollows No. 1 at the Victory Road entrance shall be single story homes. The six (6) lots adjoining the southeast corner of the subject property shall be single story to preserve the view corridor. EXHIBIT "B" 96l 102 SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of yl' 3 ~J"~ . / LL~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Becky $Owcutt SHOP: Nampa 466-0663 Briggs Engineering, Inc. 1800 W. Overland Rd. Boise, ID 83705-3142 Re: Sherbrooke Hollow Nos. 2, 3 and 4 Deaz Becky: \, The Nampa 8s Meridian Irrigation District has completed a review on the above- mentioned project. The storm water run-off for phases 3 and 4 will be retained on site and phase 2 will be returned to the District's Ninemde Drain. The District does require a license agreement for this discharge. The relocation of the Ninemde Drain has been approved in previously plans. We wdl need an easement description for the relocation and it wdl need to be reviewed to make sure it is acceptable. The pressure irrigation plans appear to be acceptable, however, we will need to do a pressure test at the time it is completed and review the thrust blocks, etc. If the subdivision is constructed according to the plans, it will be acceptable to the Nampa & Meridian Irrigation District. Please feel free to contact me if you feel further discussion is required. S' cerel~ John P. Anderson, WaterfSuperintendent NAMPA 8s MERIDIAN IRRIGATION DISTRICT Cc: File Each Director Secretary-Treasurer Asst. Water Superintendent Sharp & Smith -John Sharp Ringert Clark Chartered -Bryce Faros City of Meridian Ada County Higkiway District APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Apri121, 1999 ,ACA CUB"!TY RECUROER ,;. cr~v~o r,a~ra~r~o ,~.- :~. ~.~~n ~g~9 rsY -~ ~{~, ~~ Lo RECDRO~~ - R~~'t't~ - OF naMNa & MERIDIAN IRR1GATlON D TR1Ct FE~~~ oE~=uT~~ S90'~5404 ADDENDUM TO CONSTRUCTION CONTRACT FOR URBAN IRRIGATION SYSTEM IN SHERBROOK HOLLOWS SUBDIVISION TO INCLUDE SHERBROOK HOLLOWS SUBDIVISION NOS. 2, 3 AND 4,? 1. DEFINITIONS. In this Agreement certain words appear which have the following meaning: "Owner" means the owner(s) of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Addendum" means this written and signed Addendum (contract) the Owner and Nampa & Meridian Irrigation District have entered into for the work to be done. "Agreement" or "Prior Agreement" means the written and signed Agreement (contract) the Owner and Nampa & Meridian Irrigation District has previously entered into pertaining to Sherbrook Hollows Subdivision No. 1. 2. STA'T'UTORY AUTHORITY. This Addendum is made under the authority of Idaho Code § 43-330A through 43-330G. 3. PRIOR AGREEMENT. Owner and Nampa & Meridian Irrigation District entered into a Construction Contract for Urban Irrigation System in Sherbrook Hollows Subdivision on the 7th day of July, 1999, recorded on July 9, 1998 in the records of Ada County, Idaho as instrument number 98066043. The parties hereto hereby incorporate the prior agreement into this addendum by reference. The parties further affirm as unchanged the terms, conditions and requirements set forth in the prior agreement except as a result of the provisions ADDENDUM TO CONSTRUCTION CONTRACT -Page I of this Addendum. This Addendum and the prior agreement incorporated herein shall be binding on every lot in Sherbrook Hollows Subdivision Nos. 2, 3 and 4 and shall run with the land. 4. PROPERTY COVERED BY THIS ADDENDUM. This Addendum is intended for the benefit of those lots in Sherbrook Hollows Subdivision Nos. 2, 3 and 4. The purpose of the addendum is to add Sherbrook Hollows Subdivision Nos. 2, 3 and 4 to the terms and conditions of the prior agreement described in paragraph 3 of this Addendum. Final plats for Sherbrook Hollows Subdivision Nos. 2, 3 and 4 have not been recorded. A legal description of Sherbrook Hollows Subdivision Nos. 2, 3 and 4 is attached hereto as Exhibit A and incorporated herein by reference. If the final plat(s) include a different legal description of Sherbrook Hollows Subdivision Nos. 2, 3 or 4 than the one attached hereto, this addendum shall be null and void unless an addendum to this addendum correcting the legal description(s) is approved by Nampa & Meridian Irrigation District. 5. PUMP STATION. The pump station to serve Sherbrook Hollows Subdivision Nos. 2, 3 and 4 is located in Sherbrook Hollows Subdivision. Owner represents that the capacity of the irrigation pump(s) and facilities will~be sufficient for delivery of pressurized water to all lots in Sherbrook Hollows Subdivision Nos. 2, 3 and 4 as well as the other subdivisions served by the pump station. In the event the pump(s) or facilities are not sufficient to adequately serve Sherbrook Hollows Subdivision Nos. 2, 3 and 4 or the existing subdivisions, Owner agrees to supplement and/or correct the operation of the pump(s), pump station capacity and facilities to the satisfaction of Nampa & Meridian Irrigation District so that the pump(s) and facilities will ADDENDUM TO CONSTRUCTION CONTRACT -Page 2 adequately serve all the existing subdivisions served by the pump station, including Sherbrook Hollows Subdivision Nos. 2, 3 and 4. 6. START OF WORK TO COMPI:ETION. Owner will begin the work within 90 days after the date of this Addendum. However, Owner must first obtain the necessary insurance and permits. Owner will work through to completion, and shall complete the work in a timely manner, subject to delays permitted under this Addendum. When Owner finishes any segment of the work, Nampa & Meridian Imgation District has the right to notify Owner in writing of any defects it finds. Nampa & Meridian Irrigation District shall not be required to approve and accept the pressurized irrigation system, and place it in service, until all defective work has been corrected by the Owner. Owner will work through to completion, and shall complete the work prior to October 31, 2000, subject to delays permitted under this Addendum. This addendum shall be null and void, at the option of Nampa & Meridian Irrigation District in the event construction is not completed by October 31, 1999. 7. STATUTORY REQUIREMENTS OF IDAHO CODE § 43-330B. The following provisions are included in this Addendum as required by Idaho Code § 43-330B. A. The cost of construction of the pressurized irrigation system has been, or shall be, paid in full by Owner. B. Any portion of the cost of construction that is not paid upon completion of construction by the Owner or Owners, or by a third party on their behalf, shall constitute a lien against the lots in Sherbrook Hollows Subdivision Nos. 2, 3 and 4, securing payment of the balance of the construction cost and payment of interest on any deferred installments of the construction cost. C. The balance of the construction cost, if any, shall be included in the assessments levied by Nampa & Meridian Irrigation District against each lot in Sherbrook Hollows Subdivision Nos. 2, 3 and 4, based upon the ratio that the acreage in each lot bears to the total acreage in all lots in the subdivision. The levy -and collection of those installments shall be, as nearly as practicable, in accordance ADDENDUM TO CONSTRUCTION CONTRACT -Page 3 with the assessment, levy and collection of other assessments levied upon lands in Nampa & Meridian Irrigation District. D. Any deferred annual installment payments of principal and accrued interest, if any, may be prepaid in whole or in part at any time without penalty, but any prepayment of principal shall be not less than one-half of the amount of the annual installment payment of principal next coming due, but the prepayment privilege authorized by this subparagraph shall not be applicable where the construction costs have been fmanced through a local improvement district. E. If the pumping station and pipeline serving Sherbrook Hollows Subdivision Nos. 2, 3 and 4 also serve other lands, the cost of the pumping station and pipeline has been apportioned by Nampa & Meridian Irrigation District to all lands which are planned to be served by the pumping station, so that each acre of irrigable land to be served by the pumping station will be assessed and required to pay the same amount. G. Easement. The Owner hereby grants to Nampa & Meridian Irrigation District an easement for the installation, operation, maintenance, repair and replacement of those portions of the pressurized irrigation system. The location of the easement shall be determined by the location of the pipelines and other facilities, as finally installed, the width of the easement shall be no less than five (5) feet on either side of the centerline of each pipeline, for a total of ten (10) feet. 8. OWNERSIiIP OF DISTRIBUTION SYSTEM. The pressurized irrigation system constructed under this Addendum shall be the property of, and shall be owned by, Nampa & Meridian Irrigation District. 9. OPERATION AND MAINTENANCE BY NAMPA & MERIDIAN IRRIGATION DISTRICT; ASSESSMENTS FOR OPERATION AND MAINTENANCE. As provided in Idaho Code § 43-330F, the pressurized irrigation system constructed under this Addendum shall be operated, maintained, repaired and replaced by Nampa & Meridian Irrigation District, and Nampa & Meridian Irrigation District may levy and collect annual assessments against each lot served by the irrigation system to defray the cost and expense of such operation, maintenance, repair or replacement. The Board of Directors of Nampa & Meridian Irrigation ADDENDUM TO CONSTRUCTION CONTRACT -Page 4 District shall apportion to -each lot in Sherbrook Hollows Subdivision Nos. 2, 3 and 4 a portion of the cost of operation, maintenance, repair and replacement of the irrigation system, on the basis of the ratio between the acreage in that lot and the total acreage in all lots served by the pressurized urban irrigation system. 10. WATER QUALITY. Neither Owner or its successors and assigns shall make any cross-connection or tie in or allow one to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior written approval of Nampa & Meridian Irrigation District. t 11. SUPPLEMENTAL WATER.. NO LIABILITY FOR LACK OF WATER. Supplemental water to these subdivisions may be provided by a well located in Sherbrook Hollows Subdivision. Such supplemental water will be provided to Sherbrook Hollows Subdivision Nos. 2, 3 and 4 only if the Department of Water Resources allows the water right on each such lot or allows transfer, enlargement or a new water right to the well located in Sherbrook Hollow Subdivision to serve all such lots in Sherbrook Hollows Subdivision Nos. 2, 3 and 4. Nampa & Meridian Irrigation District will provide supplemental water only to the extent allowed by the water right. If no such water rights are allowed for Sherbrook Hollows Subdivision Nos. 2, 3 and 4, no supplemental water will be available to Sherbrook Hollows Subdivision Nos. 2, 3 and 4. All costs associated with supplemental water shall be a cost of operation, maintenance, repair or replacement. Each lot will be assessed for supplemental water regardless of whether or not water is actually used on the lot or the quantity of water used. The parties hereto acknowledge that irrigation water is not always reliable. Irrigation water may not be available due to drought, harsh ADDENDUM TO CONSTRUCTION CONTRACT -Page 5 weather conditions, governmental actions or other causes. The District shall not have any liability to any lot owner, tenant or others for any damages to, or loss of lawns, landscaping or the like caused by lack of water. 12. DAMAGE TO WORK. At all times prior to acceptance of the work, as between the Owner and Nampa & Meridian Imgation District, Owner is responsible for any and all defects, damages and repairs required. For a term of one (1) year after Nampa & Meridian Irrigation District's acceptance ~ of the work, Owner warrants that there shall be no defects in materials or workmanship in the work, and shall be responsible for the repair of any defects in the materials or workmanship of the work. Thereafter, as between the Owner and Nampa & Meridian Irrigation District, Owner shall be responsible only for any damages caused by Owner. 13. ENTIRE AGREEMENT. This Addendum and the prior Agreement entered into between the parties contains the entire agreement between the parties hereto with respect to the subject matter of this Addendum. 14. '~ GOVERNING LAW. This Addendum shall be construed under, and governed by, the laws of the State of Idaho. 15. BINDING EFFECT. This Addendum shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. 16. AUTHORIZATION OF SIGNATURE. Owner hereby warrants that the person signing this Addendum has been authorized to do so by Owner. 17. AMENDMENTS. Amendments to this Addendum shall be made only by written instrument executed by each. of the parties hereto. ADDENDUM TO CONSTRUCTION CONTRACT -Page 6 IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed this day of , 1999. GEM PARK II, an Idaho Partnership ~~. B NAMPA & MERIDIAN IRRIGATION DISTRICT By ~C~-~-~1 ATTEST: ~-~~- ADDENDUM TO CONSTRUCTION CONTRACT -Page 7 , ~, STATE OF IDAHO ) ss: COUNTY OF ADA ) D On this ~ day of ~~ ~ , 1999, before me, the undersigned, a notary public in and for said state, personally appeared GREG JOHNSON, known to me to be a partner of Gem Park II, the partnership that executed the foregoing instrument and acknowledged to me that such partnership 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. ~~`" •i ~.• p, L• 01y ti ,mss G~ ~~~~~~~~ yy ~ •. ~ G~'1 W ~pTA,12y ~,•~ ~ ~: j'UBti1G O. +~ L OF _a~ STATE OF IDAHO County of Canyon ss: C~ N tary Public for the State of Idaho esiding at ~ c ~.c. , ~-~ • ,Idaho My commission expires: ~'-~ ~Da On this ~ day of , 1999, before me, the undersigned, a Notary Public in and for said State, p rsonally appeared ~.-,r.~ ,d~ Q., lts~,r~ce,4 ~ and ,known to me to be the resident and Secretary, respectively, of NAMPA s & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. r,',,~ ~ ~N ~N~Q~,.,, s ~ Notary Public for Idaho ,~. .~.. • ~ ~esiding at /°~~i~,v~ ,Idaho ~.,,~'•.~°UB LZ~;.t~,~! My Commission Expires: //~/p~/ZOOO 'ti,,~$ p F 19 ~~~• ADDENDUM TO CON~'i'R~l~ON CONTRACT -Page 8 COMBINED LEGAL DESCRIPTION FOR SHERBROOKE HOLLOWS SUBDIVtS1ONS NOS. 2, 3, & 4 Febnaary 16, 1999 Parcels of land comprising proposed Sherbrooke Hollows Subdivisions Nos. 2, 3, & 4, being portions of the SW'/4 of Section 20, Township 3 North, Range 1 East of the Boise Meridian, Meridian, Ada County, Idaho, and being more particularly described as follows: PARCEL I (PHASE NOS. 2 & 3) Commencing at the SW comer of Section 20, T.3N., R.1 E., B.M., thence S 89°34'22" E 1,340.30 _.: feet along the southerly boundary line of said Section 20 to the West 1/16 comer of said Section 20, thence N 00°34'24" E 25.00 feet along the west line of the SE %4 of the SW'/ of said Section 20 to a point on the north right-of-way of Victory Road, the REAL POINT OF BEGINNING of this parcel description; Thence continuing N 00°34'24" E 491.00 feet along the west line of the SE'/4 of the SW'/4 of said Section 20 to a point; Thence N 89°34'22" W 16.75 feet to a point Thence N 00°30'53" W 128.90 feet to a point; Thence N 00°25'38" E 50.00 feet to a point; Thence N 89°34'22" W 22.98 feet to a point; Thence N 04°00'00" W 216.65 feet to a paint; Thence S 89°34'22" E 35.59 feet to a point; Thence N 00°25'38" E 150.00 feet to a point; Thence N 89°34'22" W 30.83 feet to a point; r Thence N 00°25'38" E 100.20 feet to a point; Thence along a curve to the left 12.62~feet, said curve having a radius of 1,025.00 feet, central angle of 00°42'19", tangents of 6:31 feet, and a chord of 12.62 feet which bears S 88°47'00" E to a . point; - ~. Thence N 00°51'50" E 50.00 feet to a point; ~ • . Thence along a•curve to the right 5.00-feet, said curve having a radius of 975.00 feet, central angle ... - of-00°17'38", tangents 'of 2.50 feet, and a chord of 5.00 feet-which bears N 88°59'21" W.to a point; Thence N 00°25'3&" E.121.93 feet to.a point.on .the.north fine of the S.'/.z of.ttle S.W 1/4.:of said .. . - EXH~BiT ~: Thence S-89°49'11" E 940.56 feet along the north line of the S'/2 of the SW 1/4 of said Section 20 to a point on the centerine of the Ridenbaugh Canal; Thence along the centerline of the Ridenbaugh Canal the following: Thence S 20°43'18"YE 111.74 feet to a point; Thence along a curve to the left 168.45 feet, said curve having a radius of 750.00 feet, central angle of 12°52'06", tangents of 84.58 feet, and a chord of 168.09 feet which bears S 27°09'21" E to a point;. , Thence S 33°35'24" E 233.60 feet to a point; Thence S 52°22'24" E 44.13 feet to a point; Leaving said centerline of the Ridenbaugh Canal; Thence S 00°25'48" W 206.35 feet to a point; Thence N 89°34'12" W 538.36 feet to a point; Thence S 00°34'22" W 632.15 feet to a point on the north right-of-wayof Victory Road; Thence N 89°34'12" W 640.00 feet along the north "right of-way of Victory Road to the REAL POINT OF BEGINNING of this parcel description, comprising 26.55 acres, more or less. And also PARCEL 11 (PHASE N0.4) Commencing at the SW comer of Section 20, T.3N., R.1 E, B.M., thence S 89°34'22" E 951.40 feet along the southerly boundary line of said Section 20 to a point on the centerline of the Eight Mite Lateral, thence N 03°04'10" W 45.08 feet along the centerline of the Eight Mile Lateral to a point on the north right-of-way of Victory Road, the REAL POINT OF BEGINNING of this parcel description; Continuing along the centerline of the Eight Mile Lateral: Thence continuing N 03°04'10" W 274.32 feet to a point of curvature; Thence along a curve to the left 155.25 feet, said curve having a delta angle of 74°07'42", radius~of 1.20:00 feet, tangents of 90.64 feet, and a long chord~bearing N 40°08'01" W 144.65 feet to a point; Thence N 77°11'52" W 523.60 feet to a point; Leaving the centerline of the Eight Mile Lateral: Thence S 89°22'14" W 323.49 feet to a point on the west boundary of~the SW 1/4 of said Section 20; - - - Thence N 00°44'50". E 792.41 feet along the west boundary of the SW 1/4 of.said Section 20 to the - northwest comer of the SW 1/4 of the SW 1/4 of said Section 20; . - :.. - - C Thence S 89°49'11" E 701.73 feet along the north boundary of the SW 1/4 of the SW 1/4 of said Section 20 to a point; Thence S 00°25'38" W 93.65 feet to a point; Thence S 13°07'49" W 104.66 feet to a point; Thence S 11°00'00" W 181.09 feet to a point; Thence S 14°25'58"~ W 50.02 feet to a point; Thence S 12°48'08" W 112.00 feet to a point; Thence S 77°11'52" E 234.78 feet to a point; Thence N 83°56'00" E 91.99 feet to a point; Thence S 01 °17`09" W 40.07 feet to a point; Thence S 21°00'00" W 105.75 feet to a point; Thence S 17°56'22" W 50.00 feet to a point on a curve; Thence along a curve to the right 29.05 feet, said curve having a delta angle of 03°30'15", radius of 475.00 feet, tangents of 14.53 feet, and a long chord bearing N 73°48'46" W 29.05 feet to a point; Thence S 13°30'00" W 111.82 feet to a point; Thence S 77°11'52" E 15.33 feet to a point of curvature; , Thence along a curve to the right 206.95 feet, said curve having a delta angle of 74°09'27", radius of'159.89 feet, tangents of 120.83 feet, and a long chord bearing S 40°08'53" E 192.80 feet to a point of tangency; Thence S 03°04'10" E 276.76 feet to a point on the north right-of-way of Victory Road; Thence N 89°34'22" W 40.07 feet along the north right-of-way of Victory Road to the REAL POINT OF BEGINNING of this parcel description, comprising 14.35 acres, more or less. Combined area of Parcels 1 and II comprises 40.90 acres, more or less. Michael E. Marks, P.LS. No. 4998 C.omplel~~e. o~ C C ~ P~ 's on DECLARATION OF COVII~tANTS, CONDITIONS AND RESTRICTIONS FOR SHE~2BROOKE HOLLOW SUBDIVISION THIS MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR SHERBROUlCS HUi.~~l SUBu~"ISION is made effective as of the ~?'y of , 1997, by Gem Park II, an Idaho General Partnership ("Grantor" and "Class B Member").