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HomeMy WebLinkAboutEnglewood 2 VAC 99-003,~~ :~ ~~, HUB OF TREASURE VALLEY Mayor A Good Place to Live ROBERT D. CORRIE Council Mem~rs CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH BIRD LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-?211 PLANNING AND ZONING 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: July 2, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: VAC-99-003 REQUEST: PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK NO. 2 SUBDIVISION (LOT 17, BLOCK 6) BY: BRIAN LEE CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: ENGLEWOOD CREEK NO. 2 SUB. 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 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) YOUR CONCISE REMARKS: "1.. 4~ °~ ;. .r ~.:.~ .} ** TX CONFIRM N`s REPORT ** AS OF °JUL 26^~ 09:42 PAGE.01 a` ~,. CITY OF MERIDIAN ` DATE TIME TO/FROM MODE MIN/SEC PG5 CMD# STATUS 0? 07/26 09:42 208 888 1097 EC--S 00'30" 001 085 OK NOTICE OF HEARING NOTICE. IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on August 17, 1999, for the purpose of reviewing and considering the application of Brian Lee Construction far a partial easement vacation in Englewood Creek No. 2 Subdivision, which is generally located at lot 17 block 6 of Englewood Creek No. 2 Subdivision. A mere particular description of the above property is on file in the City Clerk's ofFice at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall b® heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26~' day of July, 1999. ' >> ANGE SIMS, DEPUTY CITY CLERK PUBLISH July 28 and August 11, 1999. a~~~~~c't ~ +"'a,,'~' ~~ ~ ,. .! -_ $LAL - ~ ~ ,~,~ =,, ~r tst . ~,,~ ,,,,ay ~ ~~.`~~. UIV't`I • ~` ,f Y~~~+++rf+i{t11{t~t~L~ ~~r~ ~1 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on August 17, 1999, for the purpose of reviewing and considering the application of Brian Lee Construction for a partial easement vacation in Englewood Creek No. 2 Subdivision, which is generally located at lot 17 block 6 of Englewood Creek No. 2 Subdivision. A more particular. description of the above property is on frle in the City Clerk's office at Meridian Gity Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 26~' day of July, 1999. ANGE SIMS, DEPUTY GITY CLERK PUBLISH July 28 and August 11, 1999. ``~e`~`~i~atLLLLLLtrrrr-: ,.i ~f 4ti\* ~~ ~ fx~~ •4 R~~ ~ ;~ ~ l~~r ..^w yy w i+~ r ~~AL , Y ~ ~. ~- ~~ -r, 'F' ~F ts'~ • ,~w~~' 4 r ~ ~~• ~~v '4J~~ i r~<t{f,~rl f~lLLL3LL it11Nti~'~`RS~~~~ O M Z H W Z O w a O a J a 0 O 0 W J Z W Z O OC N • x~~, _. - i-- ~~ y P r~ ',' I' u, 0 0 0 0 0 0 0 M O 3 ~~.L d d 0 a N ~- 0 CITY OF MERIDIAN 33 E. Idaho Street, Meridian, ID 83642 Phone: (208) 884-5533 Fax: (208) 887-4813 VACATION APPLICATION (RE: Meridian Zoning Ordinance) APPLICANT: t~ ~Q-~ ~ ~ ~ Q ~ ~ .PHONE: F~+.~~V~.-9q-~~ ADDRESS: l~~I ~ ~1~U~. L~ ~ (X~II~, ICI ~C6„r;~ ce,~ R: PHONE: ~~~ 'G~~ ~ ~ ~~ ~"SG~~ J OWNE ADDRESS: GENERAL LOCATION: LEGAL DESCRIPTION OF PROPERTY: ~~L .~ rI h L6 C.~-lO PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: ~ " LI VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require (30 copies). SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the proposed vacation must be attached. This list can be obtained from the City of Meridian Planning & Zoning Department. Please request list seven days prior to submitting application. Fee in the amount of $225.00 + $1.73 /notice. Please double the mailing fee on this application. (All vacation applications require two public hearings -1 before Planning & Zoning Commission and 1 before City Council). DESCRIPTION OF PROPOSED VACATION: L G5`~T(~P~ • SANITARY SEWER EASEMENT THIS INDENTURE, made this v 1 day of ~, 1999 between Brian Lee Construction, the parties of the first part, and hereinafter called the Grantors, and the City -of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will- be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of a sewer line over and across the following described property: (SEE ATTACHED "EXHIBIT A") The easement"hereby granted is for the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said. easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Englewood Estates No. 2 IN WITNESS W EOF, the said parties of the first part h signatures the day and y r therein above written. President Secretary STATE OF IDAHO ) ss County of Ada ) On this -~ day of ~, , 19~', fore me, the under=signed, a Notary Public in and for said State, personally appeared _ ~ '''t Q~ 1..~~ and known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day and ear fist ab ve written. ` NOTARY PUBLIC FOR IDAHO llll;, .a,~f..,,~ Residing at ~Fr;d,~. . ~ 4-~ ••,e•~ 4~.__ `~_Fu;J.'~-; Commission Expires: ~i-Z4-Zc:~~ _ , ~ ~ c, ~ ,, . ,: ~ ,U; , v ,- ~ e `~ :~ ; ~n ~' ~ J o-~ O ',d~lpCe tdSEkitlilt • bed .,,their Englewood Estates No. 2 \~ ENG~NFF `'~, ~`~ RUBBLE ENGINEERING, INC. ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 ~ 208/322-8992 ^ Fax 208/378-0329 9~0 SURVEy~Q Project No. 9802201 May 14, 1999 ENGLEWOOD NO.2 SUBDIVISION NEW EASEMENT DESCRIPTION A strip of land 10 feet wide for sanitary sewer, located in Lot 17 of Block 6 of Englewood Creek Estates Subdivision No. 2 as shown on the official plat thereof recorded in Plat Book No. 77 at Pages 8082 and 8083, as Instrument No. 98102585, records of Ada County, Idaho, and more particularly described as the wester{y 10 feet of said Lot 17, containing 852.74 square feet, more or less. Prepared by: RUBBLE ENGINEERING, INC. ,a JRW/vw/Englewood2-NewEase James R. Washburn, P: L.S. n t~• `ys. PARTIAL EASEMENT VACATION The public entity signatory hereto reYlinquishes any and all of their rights to the following described portion of a sanitary sewer easement: A PORTION OF THE 20 FOOT WIDE CITY OF MERIDIAN SANITARY SEWER EASEMENT AS SHOWN `ON LOT 18 OF BLOCK 6 OF ENGLEWOOD CREEK ESTATES SUBDIVISION NO.• 2 AS SHOWN ON THE OFFICIAL PLAT THEREOF RECORDED IN PLAT BOOK NO. 77 AT PAGES 8082~AND 8083, AS INSTRUMENT NO. 98102585, RECORDS OF ADA•COUNIY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 18,. MARKED' BY A 1/2`INCH DIAMETER STEEL PIN WITH 'A PLASTIC' CAP; ' THENCE NORTH 89°01'28"-WEST; ON THE SOUTH BOUNDARY L'I'NE OF SAID LOT 18°":10.00 FEET TO A POWT, SAID P,OINT,BEING THE REAL--POINT OF BEGINNING; THENCE NORTH. 00'18'34`; EAST AND PARALLEL TO THE EAST BOUNDARY LINE OF SAID LOT 18, 73.34~FEET ` TO°A POINT; THENCE NORTH `89°41'26" WEST, 10.00 FEET TO A POINT ON THE WEST BOUNDARY LINE OF SAID 20 FOOT WIDE EASEMENT; THENCE SOUTH 00°18'34" WEST, ON SAID,,WEST BOUNDARY LINE, 73.23 FEET TO A POINT ON THE SOUTH BOUNDARY LINE OF SAID_LOT.:18; THENCE SOUTH 89°01'28" EAST, ON SAID SOUTH BOUNDARY LINE, 10.00 FEET TO THE REAL~'POINT OF BEGINNING, CONTAINING 732.85 SQUARE FEET MORE OR LESS. Thesexrelinquishments shall become effective upon the.recording of this document. ;~ - City of Meridian°- Entity `. ~. Name Signature Title STATE OFD `_ ~ } ' <~ .; -~ ) SS. as COUNTY OF ) On this day of 1999, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ ,known to me to be a duly authorized representative of whose name is subscribed to the foregoing instrument, and acknowledged .to me that he/she executed the same on behalf of said organization. IN WITNESS WHEREOF, I have hereunto set my hand~and affixed my official seal, the day and year in this certificate first above written. Notary Public for, My Commission Expires: Residing in: Englewood Estates No. 2 I. ~\\~ ENGINF~~~ 9~0 SURVE{O~~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 Project No. 9802201 ~ ~ May 14, 1999 A portion of the 20 foot wide City of Meridian sanitary sewer easement as shown on Lot 18 of Block 6 of Englewood Creek Estates Subdivision No. 2 as shown on the official plat thereof recorded in Plat Book No. 77 at Pages 8082 and $083, as Instrument No. 98102585, records of Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner of said Lot 18, marked by a 112 inch diameter steel pin with a plastic cap; , thence North 89°01'28" West, on the South boundary line of said Lot 18, 10.00 feet to a point, said point being the REAL POINT OF BEGINNING; thence North 00°18'34" East and parallel to the East boundary-line of said Lot 18, 73.34 feet to a point; thence North 89°41'26" West, 10.00 feet to a point on the West boundary line of said 20 foot wide easement; thence South 00°18'34" West, on said West boundary line, 73.23"feet to a point on the South boundary line of said Lot 18; thence South 89°01'28" East, on said South boundary line, 10.00 feet to the Real Point of Beginning, containing 732.85 square feet more or less. Prepared by: NUBBLE ENGINEERING, INC. ;;~ V ~ , v ..., v-.~.N r ~c i ~ ,y ~~~~ ~~`> v i~ ~ ~ ~~ ~ %`Y r'( JRW/vw/Engleewood2-VacateEase James R. Washburn, P.L.S. __ v / v • ~~v ~. : a , t- '~' r G . ~Gj ~~ ~ ~.. , JX VC~ . ~... 4 • ^ ~ _, .; ~. .; G ~ ~ ,. i ~ ~~~ ~x 5~ ~P~~ ~ - G~ P .W O . ~ O -~ '. ~ ~ - D~k ~ ~,.. ~..: ~ ~~ c9 ~ ~ SL. 68 _ R ~~ ~ ~ ~ . ~ & E: I : 4.7.'85 8 ~, tiST ~ . SSM F-3 ~ . i.., ~ s ~t_p 3k ~~N . S 2+89. ~ m ~F '~~ 6 X ~A i 260°42'`,~ ~;~ . *, - st "~. ~~ S S M H -~F'-~ 2 ~ S ~' s.c..~2+6 ~ x -S~' : „ :2+74:61 S Yt¢o~ ~ S:L.~ 12' L ~~~ 13 54 ,. ,. Vacate ~ O r ~o~ E. l 47.91 ~ ~ a 1 to . o ~T. s~-~~.. ~~s~-M~Nq-' EXIST.- _HOUSE ~~ ~` ~ S.C. 2+39 ~~" ~ t~ v~~ca-~ (~~ CP -~~ ~ , ~~`~~` .. 47.91 ~~ ~~ ~ ~o.oFr S ~fL ER~'rnC ~:~~ ~ . r . ~~~ y ~` 10.0 F 1~ ~ 3 ' ~ 3K: `. =q .. =~~EXIST. SSMH~~~~ _~ ~ ~ - '~SSMH F-1_ _-_ --= t. sTA:~ 2+00.00. ~- ~r`. STA: 1 +88.32 ~ . - _~ - ~ :i ~____ .: tt-SS ~ =~--=-- -, -S S °~~ 26 7'1 " ..M.. ~ ... ,9 . RECEIVEU~ . ,-~~ ~ ~ FEB 2 ~ 1999 /~J ;. CITY R ~„rq lunlu,unrxwnl,exns , - Y ~ REAL ESTATE PURCHASE AND SALE AGREEMENT ^ - ~ ~ RI:.2, Rev. Hx (with ^~meet Money provision) TNIS CONTRACT CONTROL!{ THE TERMS OF SALE OF THE PRO~lRTY. READ CAREFULLY BEFORE SIGNING: IF ANY QUESTION, CONSULT YOUR ATTORNEY. Craig G and Janell Brown Meridian ,Idaho April 20 to 99 sprees to parches, and t~teMn~e~~ignnd Bellsrgnss to sill the lollowlnp dacrib~d nU Hlele herdndler nbrnd to ~~ Stets of Idaho, commonly known as lapallydasorlbadar.-.LOt_ 18 Count of d ace, ~1er~aian, a o 3b'~' PP I/ nVnAll ' (A FULL AND COMPLETE LEGAL DESCRIPTION MUST 8E INSERTED, ATTACHED OR WRITTEN ON THE REVERSE HEREOF PRIOR TO EXECUTION BY SELLER. Buyer hereby euthorlxea broker to Insert over hie eipneture the correct legal deacription of the premieee it unevellable at the time of signing, or to correct the legal deecripllon previously entered If rroneoua o In o lets. t.TOTALPURCHASEPRICEIS ninet thousand ~oTRars~ ($90,000.00) DOLLARS (S 500 • DO ) peyebte as follows: A. Eamest Money. (e) Buyer hereby deposits and a receipt Is hereby acknowledged of 500.00 Dollsra (S eWdencsd by: O Cash, O Personal Check, ^ Cashiers Cheek, C~NOte Due, or ) paid or delivered as semesl money In part payment o1 the purchase price for the premleee. (b) Eemaat Money to bs deposited Intrust account upon acceptance by all psrtlee. (c) All Eamest Money shalt bs held by. Sel 1 er end for ihs bsnelit of the psrtlee hereto, N/A (Broker) shell hold the completely executed broker's copy of this egresmanl. !. Balance of purchase price to be paid as lollows: -_NNS 1 Odn 2. Buyer's oiler le msda subject Io the acceptance of Seller on or before 12:00 o'clock mldnipht of Apra , tl Seller does not accept this agreement within the time epscitled. the entire Earnest Money shall be relunded to Buyer on demand. 3.Title of Seller le to be conveyed by wercenty deed, anises otherwise provided, and is to be marketable end Insurable except for rlghls reserved In laderel sesame tease ablishedotlolrecord..Llenerencumbrentceaobdellecgt to bediache pedby3ellermaybepeidouto~purch eenmoneyetdetegolcloa np Any Iiena, encumbrencee or detects which are !o be discharged or assumed by Buyer or to which title is taken subJecl to (not otherwise set lorth above) ere: ~. Tha Seller shalt, within a reesorjebts time alter closing, f urnlah to the Buyer a I ltle'inaurenee Polley in the amount of the purche se price of the premieee Irom a title Inauroncs company showing marketable end incurable Iltle subject to the Ilene, encumbrencee end delecle elsewhere set out In this spreement pt.o~. e ti~eelnaurence company show nq the condition of thls~lt a for said premlaea The pa Ilea epreetthate Buy r e preleYnaryl gp~e o~~~m~n~nt~atpde Kl Ch Title Company shell provide avid Title policy end preliminary report or commitment. II is agreed that it the tills to sold premieee is not marketable, oJ,rUUCeCCnnlaCt bs made so within thirty (30) days alter notice containing a written atetement of detects is delivered or ma lied to the Seller, or II the Seller, having a pproved said sale fells to consummate the eeme ea herein agreed, each Iailure shall eonatilute a delault end the Earnest Money shell be returned to the Buyer end Seller shell pay for the cost of tltta Insurance, escrow and legal lees, II any. 8uyer'a acceptance of the Earneal Money does not conatilute a waiver of other remedies eveilable. S.It la hereby agreed that the "closing agent" for thfe agreement shall be Sue Ri Ch Where not olherwiss provided by few, the psrtlee shell each pay one•hall ofaeid closing egenl's fees. The closing dale shall be the broker responsible for the closing. June 15th or sooner 199 e. On or belore the cloainq date, Buyer end Seller shell deposit with the cloainq agent ell funds end inatrumenta necessary to complete the sale. 7. Seller shalt deliver possession to Buyer on or belore - Dd V Of C10 S 1 ng available aaaeasment ee a basis), rents, insurance premiums, Interest end reserves on Iiena, loans or obligations assumed or taken subject toaend uteitiee shall be prorated ea of except es follows: Sayer shell pay f}o(,r(fl~ute~.l{In fuel tank, the amount to be delsrmined by the supplier el Seller's expense. s ThSELLER °Aal7KttJ la agreement contains the lollowlnp edditionel terms end condltlons: TO PAY' ALL BUYERS CLOSING COSTS 9.The Iollowinq Items of property now on the premleee ere specifically exctudsd from the eels: (`l/A The following Items of personal property ere apecitically included In the sale:. ranee hnOd, OV , dl ShWdSher (fll CrOWdVe 10.IMPORTANT: THE REVERSE OF THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS WHICH ALSO CONSTITUTE PART OF THE AGREEMENT. Each of the psrtlee ecknowledgea reeding this agreement in full. Elating Agency: N/A Selling Agency: _ N/A ~ sr f '•• On t i date. __ ""~' ap to carry out ell the terms thereol on the pert of the Seller, and the antler, fined Selpler furthertlegrees to pay al comtm~ss oln 'e above agreement end of selling price or DOLLARS (S ~ I!W furtherackn ledgerecelptoletruecopyolthieegreementwithlhecompletelegeldeacriptlonotthepremlises naertedandegnsr(b)lothpe rtolea. 1381 Goleville Crt Ea41e, ID ~~6~~g 3M •r1~I~/ A true Copy of the loregoing agreement, signed by the Seller and eontetninq the lull end complete legal deacription of the premlaea, Is hereby re• csly don this day of tq STATE OF IDA O ) yr County of ss On this day of , 19_ ,belore me, the undersigned, a Notary Public in and'for said State, personally appeared known to ms to bs the person(a) who signed the loregoing Instrument as Seller and ecknowlsdped to me that _he_ executed fha eeme. IN WITNESS WHEREOF, I have hereunto set my hand end allixsd my seal the day and year Ilrst above written, ]7B0lL19It'4 COlY Nofery P~rDflo ror ldMO ~ AeeldMp of POR ~vt~~~Y'ccJL~c7<~ ~pr'~S~NISION (Buyer's Option Agrecmcut to Purchase Land) ,,/,, THIS AGREEMENT. made and entered into this day of 4"(~,C-(,~ tg~ by and between f ~ . f ~~ ' n Scllcr, and ~ as Buyer, wherein Buy r does hereby purchase from Scll~ r the optional right lop rchase the following described property in Ada Com7ty, State of Idaho, to wit: _ Lca'T ~ '~ ~ ~GC /~ ~ ~j-y~liJi~)/~~r / ~T<~E'~ TERMS -Sell does hereby agree to sell said properly to Buyer for the sum of Dollars (S ) cc ,lawful money of the United Slates, provided said amount is fully paid to Scllcr on or before 5:00 p.m. (option expiration data. As consideration for t17is conlinuinA offer to sell said property, Buyer agrees to pay the Scllcr the sum of (S .~--'~" )upon the execution o[ this agreement which sum is hereby acknowledged by Scllcr, and which sum shall be applied toward the total purchase price if Buyer's option to purchase is exercised on or before 111C OpllOrl CXplfallon CIaIC. UpUn lhC paymCn( (1f Si11ll UI)tIU17 mOnCy, such is non•re[undable if Buyer does not exercise the option on or before the option expiration date. Un such cxpiralion dale, if the option has not been exercised, the Scllcr shall be free to sell or convey properly to others without regard to this agreement or pnyments made hercun(lcr and Buyer shall have no claim to said properly or to the option purchase nwney, 2~ ~l Total purchase price of properly S -~?~- Less option purchase price S ~¢r - ~-.r Balance due on or before option expiration date S L~ Gf ~(~ 2Lp l ~~ --~:-- In iheevent Buyer shall exercise this option to purchase said properly in a timely manner, the following additional terms and conditions shall apply: t. Buyer acknowledges receipt of a copy o[ covenants, conditions, and reslriclions [or said subdivisions, and agrees to abide by said covennnls and reslriclions. 2. Buyer agrees In submit plans and specs to the Architectural Control Committee prior to start o! construction. 3. $trbjecl to covenants, conditions, easen)enls of record, reslriclions, current year taxes, and assessments. 4, itJYIQeG- ~'~/~ is agrccd upon to be the closing agent for this transaction and each party will pay one-half (1/2) of said closing agent's fcc. rI~L v7~f [~ 3 ~3 ~~~~ It should be the responsibility of the Buyer/Builder to determine ll7e depth and location of the sewer connection on said property Erom the Deparimer7l of Public Works. ~ BuyerlBuilder has inspected said lot (or damages to streets, curbs, sidewalks, fences if any, tiled irrigation lines if any, and utility facilities, and agrees to notify developer o[ any damages prior to start of construction. Any damage to streets, curbs, sidewalks, fences if any, filed irrigation lines if any, and utility facilities, shall be the responsibility of the Buyer/ Builder if occurring after the dale o[ possession or date of conveyance, whichever dale shall first occur. It is understood and agrccd that Scllcr will not be required to furnish 'title insurance to Buyer but Seller does warrant that he will provide title to Buyer free of all encumbrance except as to current year taxes, assessments, covenants, conditions, restrictions and easements of record. Possession date shall be on the dale full payment is made to Seller or when arrangements have been made for Buyer to start construction prior to Scllcr receiving full payment. Taxes and water assessments shall be prorated as of said dale. 1[ Icgal action is instituted to enforce this agreement, the prevailing party shall be entitled to reasonable attorney fees, both as to trial and on appeal from the non•prevailing party. If the option expiration date is to be extended, it must Uc dune in writing and as consideration for the extension, the Buyer must agree to pay Seller interest on the unpaid balance of the purchase price al the rate of 13'o per month from option expiration date to ti)e elate of closing. THIS AGREEMENT shall be binding on the executors, heirs, administrators, personal representatives, successors, and assigns of the respective parties hereto, lime being of the essence. There arc nv verbal <Igrecmenls modifying this agrcemcnl. Any option money checks received prior to the recording of this plat will not be cashed until plat is recnrded. Buyer: Seller. Address:'/~~~/ ~~~//i~~ ~'Tc gy; Phone: ~ l=~f -- ~~jr? 3 ~-i~~ /~"~~-~~`~ Phone: Broker. AGREEMENT TO EXTEND OPTION EXPIRATION DATE Seller hereby agrees to extend ll7is option cxpiralion date to and receipt of Dollars (S ~ for said extension is hereby acknowledged by Scllcr. Said money shall apply first to interest on unpaid balance from the original expiration date to the date of payoff, then any balance remaining shall apply to the purchase price. All other terms of this agrcemcnl shall remain the same. Seller: Dale: Buyer: _:~ ~v ~ ~\ 2805 N. ENGLEWOOD PL` ACE -PROPERTY OWNERS WITHIN 300' 9 ~. i ., ~ + K. WEILLAND KIMBERLY A AND TITUS JEANETTE M & COLLINS H 2927 N BURLEY WAY MERIDIAN ID 83642 ENGI;EWOOD CREEK DEV CORP 8589. W BROOKVIEW DR BOISE ID 83709-0603 2910 N ENGLEWOOD WAY 2880,N ENGLEWOOD PL 2828 N PHOENIX AVE 340.1:. W ANGELICA DR N TEN MILE RD 2802 N PHOENIX AVE 2805. N ENGLEWOOD PL SHANAHAN~MATTHEW D'& SHANAHAN WENDY 3 '~ 2903 N BURLEY WAY MERIDIAN ID' 83642 NAKAGAWA KATHY A & NAKAGAWA YOSHIHIKO 2887 N BURLEY WAY MERIDIAN ID 83642 , HICKEY ARTHUR M & HICKEY FERN. E `~ 70 W WIL'L'OWBROOK MERIDIAN ID 83642 3387 W ANGELICA DR BROOK FULLER.. HOMES INC 2860 N ENGLEWOOD PL~ MERIDIAN ID '83642 Y r FIRELIGHT E5TATE& HOMEOWNERS ASSOCIATION~INC 2887 N BURLEY, WAY ' MERIDIAN ID 83642.` ~` N TEN MILE RD SCOTTSDALE CONSTRUCTION INC 1.1431 W HICKORY LOOP DR BOISE ID 83713 L 2840N ENGLEWOOD P-L 2863 N jENGLEWOOD PL MALM RICHARD & MALM NATALIE 2841' N ENGL'EWOOD+PLACE MERIDIAN ID 83642 CRANE JACKIE C & CRANE MARY L 2820 ENGLEWOOD PL MERIDIAN ID 83642 NAMPA & MERIDIAN IRRIGATION DISTRICT 1503 01ST ST SOUTH NAMPA ID 83651 N BURLEY WAY STUCKER JIM D & STUCKER JANICE D 1432 S CAROL MERIDIAN ID 83642 2808 N ENGLEWOOD PL LEE BRIAN D & LEE TEGAN M 2819 N ENGLEWOOD PL MERIDIAN ID 83642 LYONS RONNIE J & LYONS PATRICIA A PO BOX 45542 BOISE ID 83711 2807 N PHOENIX AVE BROWN TIMOTHY CHRISTIAN & CURTIS AMY CAROLINE 3434 W MOON LAKE ST MERIDIAN ID 83642 TETER WILLIAM E & TETER VIOLA M 2496 TANGENT AVE MERIDIAN ID 83642 N TEN MILE RD W TETER ST TETER W E & V M TRSTEES AND STEINER DEVELOPMENT L L C 2201 ALLUMBAUGH ST BOISE ID 83704-7448 N TEN MILE RD HOWE SCOTT D & HOWE LISA 2774 N PHOENIX AVE MERIDIAN ID 83642 STEINER DEVELOPMENT LLC 554 E BELLEVUE RD SUITE B ATWATER CA 95301 2771 N ENGLEWOOD WAY N ALTO LN 2766 N ENGLEWOOD WAY 3320 W MOON LAKE LANE 3308 W MOON LAKE LANE- 3290 WMOON LAKE LANE N TEN MILE RD 2759 N ENGLEWOOD WAY 2745 N ENGLEWOOD WAY 2750 N PHOENIX AVE 2738 N ARONMINK LANE 2733 N ENGLEWOOD WAY 2730 N ARONMINK LANE 3321 W MOON LAKE LANE W MOON LAKE LANE 2721 N ENGLEWOOD WAY 2722 N ARONMINK LANE 2719 N ARONMINK LANE 2713 N ENGLEWOOD WAY 2714 N ARONMINK LANE 2712 N ENGLEWOOD WAY 2711 N ARONMINK LANE 2701 N ENGLEWOOD WAY 2702 N ENGLEWOOD WAY 2700 N ARONMINK LANE 26$9 N ARONMINK LANE 2685 N ENGLEWOOD WAY 2684 N ENGLEWOOD WAY 2671 N ARONMINK LANE ALLEGOOD DANIEL G & ALLEGOOD CHERYL A 3393 W MOON LAKE ST MERIDIAN ID 83642 VALLI BUILDERS LLC 554 E BELLEVUE RD SUITE #B ATWATER CA 95301-2300 3392 W SCOTTSDALE ST • i~ __ __ i i ,~, 0 /_L_ •. - . . ,t • • , . , '_' 1 I ~ ~ ~ ~ ~ ill 11 ~i ~ 1 .I~~ I "~i ~ 'lllr I i ~ 9 ~ ~~ o = ~ ~~ - = ~ o ~ N °' ~ ~ ~ ; I T ~/, ~ ~ +~ I11 ~o ~ J O l ~n ~ e~ ~ g ~ O l ao m .. ~ ~ ~ ~ N ~ Y N ~ GTy m - ~~ ~ ~ , U ~ ; m ~ ', WJ~m ~LL J J m Coo ~ ~ 3 ~~ LLs ~ ^~ ZZUw .. 1 ~ ~ m Q Yl a y j mH~w ~ t O ~~ <, 'r '` ~.~~ ~~ ~E~~~I~~ "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 vuoavii c~ o ~f!'~ 1'~11~ Order No. ~ Date Name T~ C~YI ~~~~ Address Phone: SOLD BY C.O.D. CHARGE ON ACCT. MDSE. RETD. PAID OUT - ~l 55 ~/acci-~i o >1 ~ i I-ca-t-7 ~ n zz5~ ~- Z I ~r~ . (vlCtr~ II nG $ ~ ~ '. ~-~ X Z. _1 Z i(o(c I I i i i I I I I I I I I I I I I I I I I AH claims and returned. goods MUST'be accompanied"by. this-bill. -~ ~ TAX 0 0 0 9 2 8 2 syceived S TOTAL 2°I 1 GS-202-2 PRINTED IN U.S.A. /~ vAixreo wnx Q SOYINK _ ~K ~t9t.U ... • ~ ...~ jet, ~,:~.~. z '4 BEFORE THE MERIDIAN C1TY COUNCIL In the Matter of the REQUEST ) Case No..VAC-99-003 FOR VACATION OF PARTIAL ~) EASEMENT OF LOT 18 OF - `) ~ ORDER GRANTING CITY BLOCK 6 IN ~ENGLEWOOD ~) APPROVAL OF REQUEST FOR CREED NO. 2 SUBDIVISION ) VACATION OF PARTIAL BY BRIAN LEE ) EASEMENT OF LOT 18 OF CONSTRUCTION. ) BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 -F ~ ~ SUBDIVISION a This matter coming on regularly before the City Council- at its regular meeting on the 17t'' of August, 1.999, and Steve Siddoway, Assistant Planner for the Planning and Zoning Department, and Gary Smith, Public Works Director, and Brian Lee of Brian Lee{ Construction, appeared on behalf of the Applicant, and Craig Brown, the owner of the lot, appeared and testified,. and having presented- the Recommendation to the City Council of the Planning ahd Zoning Commission, and,no objection having been received makes the following Findings of Fact and Decision and Order: FINDINGS w 1. The propertysis in Lot 18.Bloclc 6_-and is generally located in Englewood Creek Subdivision No. 2 in Meridian, Idaho. ` 2. TheJowner of record~of the subject .property is Briari Lee- Construction of { ORDER GRANTING CITY APPROVAL OF REQUEST -FOR VACATION OF PARTIAL EASEMENT, OF LOT 18 OF BLOCK 6 VACATION'IN ENGLEWOODCREEK NO. 2 SUBDIVISION / F , f BRIAN LEE CONSTRUCTION - 1 a, ! - - ~ ~ ~ y ~ • a j a 4, . i M >. 1381 W. Colville Court, Eagle, Idaho. ~ t 3. The Applicant is the 'owner of record. 4 The Applicant filed a written request for easement to be vacated. . 5. The Applicant'proposed the following:.Easement vacation on Lot 18 of x ss Block 6 because the sewer line has since been relocated and. the City is noylonger in .. need of all of the twenty foot (20') wide easement as platted. r , 6. The easement that~is the subjecto'f the request is more particularly described as.follows: y 4 . .. . ~ A portion of the 20 foot-wide City of Meridian Sanitary Sewer Easement as. shown on Lot 18 of Block 6 of Englewood Creek Estates Subdivision No. 2 as shown on the official plat thereof recorded in Plat Book No: 77 at pages 8082 and 8083, as Instrument No. 98102585, Records~of Ada County, Idaho, more particularly descr`ib'ed as-follows: Commencing at the Southeast corner of said Lot 18, marked by a 1/z R ~ inch diameter steel pin with a plastic cap; thence. North 89°01'2.8" West, *' on the. South~boundary line of said Lot 18, 10.00 feet to a point, said point being the REAL POINT OF,BEGINNING; thence North a .00°18'34" East and parallel to the;East boundary line. of said Lot 18, 73:34 feet,.to a point; thence North 89°41'26"°West, 10.00 feet to a point on the West boundary line of said 20-foot wide easement; thence . South 00°18'34" West, on said West boundary, line, 73.23~feet to a ~> H point on the South boundary line of said Lot 18; thence South 89°01'28" East, on said South boundary line, 10.00 feet to-the REAL ' POINT OF BEGINNING,.containing 732.85 square-feet more or less. 7. That the Applicant has granted and the City had accepted that certain q, "Sanitary Sewer Easement'; datedahe,27t'' day of May, 1999, Brian Lee Construction, ~~ , Grantor, which provides for-the new sewer easemeritahat is necessary for-the service ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION / BRIAN LEE CONSTRUCTION - 2 ., 4 i ' ~. u .. n ~~ . °:y g of such utility, and is more particularly-described as follows: ,'~ µ A strip of land 10 feet wide for °sanitary sewer, located in Lot gl7'of Block 6 of Englewood Creek Estates Subdivision No. 2 as shown on the official- plat thereof recordedt in Plat Book No. 77 at_Pages 8082 and 8083, as Instrument _- No. 98'1.02585, records of Ada County,",Idaho,- and more particularly described as the westerly 10 feet of said Lot 17; containing 852:74 square feet,,more or ' less. `~ ~. 8: That the purpose of the requested vacation i`s that a house is on Lot 18 -~ of Block 6`~of Englewood Creek Estates Subdivision No` 2, as shown on the official plat thereof recorded`in Plat Book No. 77 at pages 8082 and 8083, as Instrument No:~ 98102585, records of Ada County, Idaho; and was inadvertently built over the t sewer line,. and the easement in question, and the dedication of the new easement referenced above will suffice to replace the subject easement for the needs of,the r, s 4 a sewer utilities. a 9. That the. retention of the sewer line utilities easement, which is ~ a nr the subject: of this application, will now serve no public interest. DECISION AND ORDER r . NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING r =.. F FINDINGS IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The City of Meridian does hereby grant its approval of the vacation of a portion of the sewer easement on Lot 18 of Block~6 of Englewood Creek Estates Subdivision No. 2, as shown orr the official plat thereof recorded~in Plat Book No. 77 { , ORDER GRANTING ,CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREEI~.NO. 2 SUBDIVISION /• BRLAN LEE CONSTRUCTION'~J - 3 Y o • ? ~ A at pages 8082 and 8083, as Instrument No. 981025.85, records of Ada:Coun'ty, :Idaho; was` inadvertently built over the sewer line; and the' easement ~in question, and the dedication of the new easement referenced above will suffice to replace`the subject easement for the needs of the sewer utilities, and described as follows: A portion of the 20 foot wide City of Meridian Sanitary Sewer Easement as shown on Lot 18 of Block 6 of Englewood Creek Estates Subdivision No. 2 as shown on the official plat thereof recorded in Plat Book No. 77 at pages 8082. and 8083, as Instrument No. 98102585, Records of.Ada County, Idaho,. more particularly described as'follows: k Commencing at the Southeast corner of said~Lot 18, marked by a 1/2 inch diameter steel pin with a plastic cap; thence North 89°01'28" West, ' on the South boundary line of said Lot 18, 10.00 feet to a point, said point being the REAL POINT OF BEGINNING; thence. North , 00° 18'34" East and parallel to the East boundary line of said Lot 18~, 73.34.feet to a point; thence North. 89°41'26" West, 10.00 feet to a point on the West boundary line of said 20 foot wide easement; thence South 00°18'34" West, on said West boundary line, 73..23 feet to a point' on the South boundary line of said Lot 18; thence South 89°01'28" East, on said South boundary line, 10.00 feet to the REAL POINT OF BEGINNING; containing 732.85 square feet more or less. 2. It is noted that the provisionsa of I.C. § 50-1325 provide that easements 1 a shall be vacated in the same manner as streets, acid the Applicant is advised to contact the Ada~County Highway District to determine if they claim any jurisdiction ~ ~ t in this- matter. 5 ., , ~. , . t ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION / - BRLAN LEE CONSTRUCTION - 4 ,. B* action of the Cit Council,,at its re lar meetin held on.the Ada Y Y~a. . ~ g. ~ 1 Y of_ ~ *; X1.999. ri„ ~ _ ~ _ ~ / n, .. EST D. CORRIE City of Meridian Copy served upon Applicant, the Plahning and Zoning Department, Public Works Department and the City Attorney. , `t{{{{{tt11tf1111/!/!!!! © /~ i! r By: Dated: C~ l ~-~ 7 ~ ^` ~ ~' .~'~~~~T~o ~ '~^r City Clerlc ~ w - SQL - UGC ~~o~ ms`s ~. 9~ SST 15"~ , ~ `~~ STATE OF IDAHO,) ~ ,''~''''j ~'UN FY ~©~~`~~`, ss. ''l~nt,~t t~tt{{{'{ x County of Ada. ) On this 3) day of , 1.999, before me, the under signed, 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 Clerlc of the CITY of Meridian, Idaho, .and who executed the within instrument, and aclcnowledged~ to me that the City of Meridian executed the same. IN' WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. x. ''~~pu~eip~,i ' ~).~o q ~ Y NOT Y PUBLIC FO .IDAHO '~ ; G e ~ * .° RESIDING AT: ~~ I ~ Z ~UBLZ ;• ~~ MY COMMISSION EXPIRES: 9 ~k- . msg/Z ~~e~5360M~Englewood Creelc No. 2 VAC EASEMdIOrderVacationEasmts ~ .. _ + ., ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF .PARTIAL EASEMENT OF LOT 18 OF BLOCK 6-VACATION,IN ENGLEWOOD CREED NO. 2 SUBDIVISION / y BRIAN LEE CONSTRUCTION - 5 ~ '' y a ;! ~ ~ Ft€CGRDED - RE4 T 0 AtIA C{tiild;Y RECORDER ~ MERi~ ~• !?AVID NAYARRO ~~I~c , I~'~HO FED-.~.gEP,U:T.Y `~ f~~sP -9 ~~ ~= 29 ~~ 9 9°0 9 0 30 ` ~ V' BEFORE THE MERIDLAN CITY COUNCIL In the Matter of the REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 IN ENGLEWOOD CREED NO. 2 SUBDIVISION BY BRIAN LEE CONSTRUCTION Case No. VAC-99-003 ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION This matter coming on regularly before the City Council at its regular meeting on the 17`'' of August, 1999, and Steve Siddoway, Assistant Planner for the Planning and Zoning+Department, and, Gary Smith, Public Worlcs Director, and Brian Lee of Brian Lee Construction, appeared on behalf. of the Applicant; and Craig Brown, the owner of the lot, appeared and testified, and having presented the Recommendation to the City Council of the Planning and Zoning Commission, and no objection having been received makes the following Findings of Fact and Decision and Order: FINDINGS 1. The property is in Lot 18 Bloclc 6 and is generally located in Englewood Creek Subdivision No. 2 in Meridian, Idaho. 2. The owner of record of the subject property is Brian Lee Construction of ORDER GRANTING CITY APPROVAL'OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION / BRIAN LEE CONSTRUCTION - 1 1381 W. Colville Court, Eagle, Idaho. 3. The Applicant is the owner of record. 4. The Applicant filed a written request for easement to be vacated. 5. The Applicant proposed the following: Easement vacation on Lot 18 of Block 6 because the sewer line has since been relocated and the City is no longer in need of all of the twenty foot (20') wide easement as platted. 6. The easement that is the subject of the request is more particularly described as follows: A portion of the 20 foot wide City of Meridian Sanitary Sewer Easement as shown on Lot 18 of Bloclc 6 of Englewood. Creek Estates Subdivision No. 2 as shown on the official plat thereof recorded in Plat Boolc No. 77 at pages 8082 and 8083, as Instrument No. 98102585, Records of Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Lot 18, marked by a 1/z inch diameter steel pin with a plastic cap; thence North 89°01'28" West, on the South boundary line of said Lot 18, 10.00 feet to a point, said point being the REAL POINT OF BEGINNING; thence North 00° 18'34" East and parallel to the East boundary line of said Lot 18, 73.34 feet to a point; thence North 89°41'26" West, 10.00 feet to a point on the West boundary line of said 20 foot wide easement; thence South 00° 18'34" West, on said West boundary line, 73.23 feet to a point on the South boundary line of said Lot 18; thence South 89°01'28" East, on said South boundary line, 10.00 feet to the REAL POINT OF BEGINNING, containing 732.85 square feet more or less. 7. That the Applicant has granted and the City had accepted that certain "Sanitary Sewer Easement" dated the 27`i' day of May, 1999, Brian Lee Construction, Grantor, which provides for the new sewer easement that is necessary for the service ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION / BRIAN LEE CONSTRUCTION - 2 of such utility, and is more particularly described as follows: A strip of land 10 feet wide for sanitary sewer, located in Lot 17 of Block 6 of Englewood Creek Estates Subdivision No. 2 as shown on the official ;plat thereof recorded in Plat Boolc No. 77 at Pages 8082 and 8083, as"Instrument No. 98102585, records of Ada County, Idaho, and more particularly described as the westerly 10 feet of said Lot 17, containing 852.74 square feet, more or less. _ 8. That the purpose of the requested vacation is that a house is on Lot 18 of Block 6 of Englewood Creek Estates Subdivision No. 2, as shown on'the official plat thereof recorded in Plat Book No. 77 at pages 8082 and 8083, as Instrument No. 98102585, records of Ada County, Idaho, and was inadvertently built over the sewer line, and the easement in .question, and the dedication of the new easement referenced above will suffice to replace the subject easement for the needs of the sewer utilities. 9. That the retention of the sewer line utilities easement, which is the subject of this application, will now serve no public interest. DECISION AND ORDER NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: 1. The City of Meridian does hereby grant its approval of the vacation of a portion of the sewer easement on Lot 18 of Bloclc 6 of Englewood Creelc Estates Subdivision No. 2, as shown on the official plat thereof recorded in Plat Book No. 77 ORDER GRANTING -CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION / BRIAN LEE CONSTRUCTION - 3 H • at pages 8082 and 8083, as Instrument No. 98102585, records of Ada County, Idaho, .was inadvertently built- over the sewer line, and the easement in question, and the dedication of the new easement referenced above will suffice to replace the subject easement for the needs of the sewer utilities, and described as follows: A portion of the 20 foot wide City of Meridian Sanitary Sewer .Easement as shown on Lot 18 of Bloclc 6 of Englewood Creelc Estates Subdivision No. 2 as shown on the official plat thereof recorded in Plat Boolc No. 77 at pages 8082 and. 8083, as Instrument No. 98102585, Records of Ada County, Idaho, more particularly described as follows: Commencing at the Southeast corner of said Lot 18, marked by a 1/z inch diameter steel pin with a plastic cap; thence North 89°01'28" West, on the South boundary line of said Lot 18, 10.00 feet to a point, said point being the REAL POINT OF BEGINNING; thence North 00°18'34" East and,parallel to the East boundary line of said Lot 18, 73.34 feet to a point; thence North 89°41'26" West, 10.00 feet to a point on the West boundary line of said 20 foot wide easement; thence South 00° 18'34" West, on said West boundary line, 73.23 feet to a point on the South boundary line of said Lot 18; thence South 89°01'28" East, on said South boundary line, 10.00 feet to the REAL POINT OF BEGINNING, containing 732.85 square feet more or less. 2. It is noted that the provisions of I.C. § 50-1325 provide that easements shall be vacated in the same manner as streets, and the Applicant" is advised to contact the Ada County Highway District to determine if they claim any jurisdictiori in this matter. ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION / BRIAN LEE CONSTRUCTION - 4 By action of the City Council at its regular meeting held on the of , 1999., ~ e ~T D. CORRIE yor, City of Meridian ~_~day Copy served upon Applicant, the Planning and Zoning Department, Public Worlcs Department and the City Attorney. ``t`\~`t,~~~~~~~r(I~f`,, .~ '-~d By: Dated: ~~ ~ (f//,,--`/ [`Ay ^~' G~ \~~a~pOt~q~~~ f/ '-.y ,~ - City Clerk - _ 5~~~ - ~ a"' - .~~/ Q i ~, ```~~ STATE OF IDAHO,) ~'''~~. L'OU~y'°Y • ~~~~`~~ County of Ada. ) On this~_ day of , 1999, before me, the under signed, 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 Clerl< of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. <<quteirr~ (~EAL)~~TARy = NOT Y PUBLIC FO IDAHO ,~ ~ ®®® ' * : RESIDING AT: d~ 1 l~fl •~• •"• 1'UBL1G ' ~ MY COMMISSION EXPIRES: (~0~~.. msg/Z:\V'Sl~~:~S360M\Englewood Creek No. 2 VAC EASEM"I~OrderVacationEasmts ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF PARTIAL EASEMENT OF LOT 18 OF BLOCK 6 VACATION IN ENGLEWOOD CREED NO. 2 SUBDIVISION / BRIAN LEE CONSTRUCTION - 5 l • RECGRDED - REp T 0,~_ AaA C~i,1tdTY RECORDER ~ MERI~ LI ~• CAYIQ HAVARRO o~~~c.. ~oaNO FEE-.~.gEP,UT.Y i~~sP-9 ~~ ~~29 ~~~° 99090 30 S MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1.999 PAGE 41 Order of Decision and at the same time that we prepare findings for the conditional use permit and hold the order of decision until we're through with the annexation. Rountree: Second. Cowie: Motion made by Mr. Bentley second by Mr. Rountree to approve the annexation and zoning and have the attorney draw up the Findings of Fact and Conclusions of Law and no development agreement in this case and also the Findings of Fact and Conclusions of Law and order for the conditional use permit and to hold that until after the annexation and zoning. Gigray: Mr. Mayor, question and point of procedure and information. Councilman Bentley, would this include in your recommendation or in the findings that we would include the conditions that are recommended by the Planning and Zoning Commission? Bentley: Yes, thank you. Corrie: All right, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 17. PUBLIC HEARING:; REQUEST FOR PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK NO. 2 SUBDIVISION BY BRIAN LEE CONSTRUCTION - LOT 17, BLOCK 6: (ATTORNEY TO PREPARE ORDER TO APPROVE) Cowie: At this time I will open the public hearing and invite staff comments first. Gigray: Mr. Mayor just a point of procedure and information while staff is coming with the permission of the Mayor and Council. Just a note, it's our advice and I think it's been the practice of the city that with regards to the vacation of easements, they're governed under Idaho Code § 50-1325, which says they have to be done in the same manner as streets. So what this public hearing is about and what the Council is considering is whether or not the city would its permission to the vacation of the easements and the proposed orders that we've done in the past associated with easements is including notice to applicants that they still have to make an application to ACHD for the vacation of the easement. Cowie: Thank you Mr. Gigray. Siddoway; Mr. Mayor and members of the Council, this vacation application for this easement is in Englewood Subdivision. We view it mostly as a formality to clean up an existing easement situation. To give you a little history, a home was built over an existing sewer main with an easement, and the sewer has been since relocated to the other side of the house at the expense of the developer and the city is no longer in need of the 20 foot wide easement as shown on the recorded plat. Anew easement has already been dedicated for the new sewer location, so~this application before you tonight is to vacate ten feet of the 20 foot wide sewer easement to allow the house to remain where it currently is and is recommended for approval. The Public Works • • MERIDIAN CITY COUNCfL MEETING AUGUST 17, 1999 PAGE 42 Department has reviewed and approved the legal descriptions for the easements, however I know Gary Smith also has some corrections that need to be made. Smith: Mr. Mayor and Council members, part of the documents that have been prepared for this request principally the recommendation to City Council has listed the wrong lot number as to the location of the vacation of easement. The reference in the introduction to the recommendation to City Council states that it is lot 17 of block 6. It should be lot 18 of block 6 in item number one. Item number five on page one, the proposed site of the requested easement and the word vacation should be inserted in there is lot 18 of block 6 of the Englewood Creek Subdivision. If you're following along with me on that. Okay. That's supported bjr the drawing that's on the overhead on the screen. Lot 18 is to the left as numbered and the existing sewer~easement was totally on lot 18 at the platting stage of the subdivision. As Steve stated to you in his presentation, that sewer line has now been .moved to the east and that portion that is cross hatched on the drawing is the portion requested being made to vacate on lot 18 of block 6. Corrie: I believe item 8 needs to be changed too. Smith: Yes, correct. Item number 8 also needs to be changed to lot 18 of block 6 and that is the location of the"requested vacation of the easement. One other thing I might mention I believe that Steve mentioned that the developer had paid for this relocation and actually the builder of the lot has paid for that relocation, which. is just a clarification for the record.. I don't think I had anything else. I know the folks that have the lot and the house are in a real pickle as far as closing on their loan. I'm not sure what running this back through the highway district; how that's going to impact their timing. I understand what Mr. Gigray is saying, and he's correct, that's his line of work and that's .what the statute as far as I know says. It is to be vacated in the same manner as road rights-of-way. I'think it's a formality thatis not really having any effect on this particular request. As far as the highway district, the last one that went through the highway district in Meridian Greens, they had no comment on it, and it was outside the road right-of-way similar to this one. I guess that's my only concern is what the owners of the house what their situation is as far`as their closing of their loan. L~know it has been a real trial for them. That's all I have. Thank you. Corrie: This is a public hearing. Would you like to come up? tee:.. Brian Lee of Brian Lee Construction, and instance in which we came in is we were given a plot and the -legal descriptions were-not written and when we called for verification or asked for more legal print on it, we were denied it, and the only verification we could get was a standard ten foot easement, so we built the house according to the ten foot easement we were given. It was approved by the Meridian City Inspectors before concrete and what not and as he stated, obviously there was a sewer line underneath the house and it was at the cost of myself. The situation we're in now is we're not able to close on this loan and we've got construction interest and what not accruing until we can get this thing closed. At this point it's accruing real fast, so ~~ a MERIDIAN CITY COUNCIL MEETING AUGUST 17, `1999 PAGE 43 we'd just like to get the thing closed and so we can get the homeowners locked in so they can still qualify for the house, and that's my only remarks. Thanks. Corrie: Anyone else from the public would like to issue testimony? ,,_.. Brown: My name is Craig Brown.;-I currently reside at lot 18. We are not locked in though on our loan. We have been issued a permit of occupancy from the city and from the builder Brian Lee and what we.are concerned about is being able to close iri a timely manner and not,losing our interest rate and opportunity to purchase the house. Is there any questions or anything? That's all (have. - ~ - Corrie: When is your closing date? Brown: Well it was scheduled a couple of months ago;-and Pioneer Title would not close on the .house because this has not been finalized. So it..will happen as soon as this is finalized whenever that happens. Corrie: Thank you Craig. Anyone else from the public who would like to issue testimony here? Okay, Mr. Gigray, it sounds like he's at catch 22 here. I don't know what is the legal procedure? They still have to go through the ACHD?' (End of Tape) Gigray: Mr. Mayor and.. members of the Council, my opinion is my opinion, and 1 think that the: statute says it has to be vacated in the same manner that streets are. The Idaho Code has very specific provisions about abandonment and vacation of roads and streets. It's in title 40. I think there's some problems with title 50 and the relationship of this requirement with easements that are not in public ways. If you were a jurisdiction that was not in a county that had a countywide highway district, I think'you'd be the highway district and you could do the whole°sha-bang. I think it poses problems in Ada County and I think it's a matter'that should go to the legislature for clarification. You go ahead and issue your order if you feel that this is in the public. interest and there's no public interest served by keeping the easement, and order just simply says that they're on notice that'they probably should file a petition with the. Ada. County Highway District so they're°not confused. And that the City does not take the position that it's attempting to,assurp any authority that may be with the Ada County Highway District. If they can get a closing and no one cares-based on the city approval, I guess that happens, but don't think we should be in a position to advise the applicant about what they legally should do. I think the city should just do what we do and then they can live with whatever that is. That's just my opinion. _. ~ _ Corrie: Any other discussion? I'll entertain a motion to close the public:hearing. Bird: So moved. Bentley: Second. - Corrie: Motion is made and second to close the public hearing on item number 17: Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. i ! MERIDIAN CITY COUNCIL MEETING AUGUST 17,.1999 PAGE 44 Corrie:. I will~entertain a motion on the request for partial easement vacation in Englewood Creek No. 2 Subdivision. Rountree: Mr. Mayor,. I move that we have the City Attorney prepare an order that approves the vacation of the easement in Englewood Creek No. 2 Subdivision, lot 18 and include in that order the recommendations provided by Planning and Zoning Commission with the corrections as stated by. City Engineer, Gary Smith for items number°one to reflect lot 18, items number 5 to reflect the insertion of the word,, "vacation" and reference to lot 18 and in items number $ to reflect lot 18. Bird: Second. Corrie: Motion made by Mr. Rountyree second by Mr. Bird to have the City Attorney draw up the order with the corrections of staff as prepared for the request. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 18. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE- ROAD PROFESSIONAL CENTER BY FERMOR, LLC- .NORTH OF I-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: (ATTORNEY TO PREPARE FINDINGS) Corrie: I' will open the public hearing. and invite the staff comments first. Siddoway: Mr. Mayor and members of the Council, this application before you is for annexation and zoning of a parcel of land for a project called Eagle Road Professional Center. It is located on this lot adjacent to Eagle Road just south of `Jackson Food Stores, Texaco and just north of where the Holiday Inn Express is going in. St. Luke's is across Eagle Road on this side. The Eagle Partners project with the Chevron is to the north of it up here. There is Hubble Engineering going in here, and we have an application currently going in -front of Planning and Zoning Commission on this lot here fora 60,000 square foot medical facility. This application before you tonight is for annexation and zoning only. A conditional use permit application has also been submitted for two medical office buildings and will be considered by the Planning and Zoning Commission later this month. We do have that site plan for you tonight to understand their intent with the lot. Staff recommends approval of this application with the requirementthat adevelopment agreement to be required as a condition of the annexation to restrict signage, require 35 foot landscape setbacks along Eagle Road, and to restrict the types of uses on the lot to the office buildings as proposed. You have staff comments dated July 12, 1998 in your packet and that is all we have at this time. Come: Any other comments from staff? This is a public hearing. Do we have the applicant- here tonight? ~•° ., MERIDIAN CITY COUNCIL MEETING: AUGUST 17.1999 ~, APPLICANT: BRIAN LEE CONSTRUCTION AGENDA ITEM NUMBER: 17 REQUEST• VACATION OF EASEMENT IN ENGLEWOOD CREEK N0.2 SUBDMSION AGENCY COMMENTS CITY CLERK: SEE ATTACHED MINUTES CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY; CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFF{CE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER• SEE ATTACHEfl RECOMMENDATION REVIEWED SEE ATTACHED COMMENTS REVIEWED SEE ATTACHED COMMENTSG~.~ (~~ ,~p V ~ p~ " 1 _ V"- US WEST: e ~~ INTERMOUNTAIN GAS: + ~~U BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. Meridia°n Planning ai~oning Commission Meeting July 13, 1999 Page 16 - °~• ITEM 5. REQUEST FOR PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK NO. 2 SUBDIVISION BY BRIAN LEE CONSTRUCTION -LOT 17, BLOCK 6. MacCoy: Staff do you have any comment on this to us right here. Item 5. Freckleton: Chairman McCoy, members of the Commission. This is a formality that we are going through on this one. A little history. There was a home that was build over a sewer main built.on the easement and the sewer main had to be relocated around the house and the easement therefore has to be vacated in order for this home to remain. We have gone through rededication of easement all ready, but according to Idaho Code we have to go through this process for a Vacation for a portion of the easement. MacCoy: So this is a formality your telling me here. Freckleton: Correct. My department has approved and reviewed the legal descriptions for the easement. MacCoy: All they need from us is a vote. Freckleton: We just need your recommendations. MacCoy: Okay Commissioner's. Borup: Mr: Chairman, I move we recommend a partial easement vacation Englewood Creek Lot 17 Block 6. Barbeiro: Second the motion. MacCoy: All in Favor? MOTION CARRIED: ALL AYES ITEM 6. PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF APPROXIMATELY 3.77 ACRES (FOR CG ZONING) OF LAND FOR PROPOSED EAGLE ROAD PROFESSIONAL CENTER BY FERMOR, LLC-NORTH OF I-84 & WEST OF EAGLE ROAD, EAST OF ALLEN STREET: MacCoy: Open the public hearing. Staff what do you have? Stiles: Mr. Chairman, Commissioner's. This is for the project that is immediately south of Jackson's Food Stores on Eagle Road. This is Magic View. This is where the McDonalds's Chevron and Idaho Central Credit Union were approved with the future road that is proposed to come down approximately and line up with this. They are proposing 2 medical office buildings at this location. Unfortunately l based my comments on two applications, only one of which is before you tonight. They have f • BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR PARTIAL` ) _ EASEMENT VACATION IN ) ENGLEWOOD CREED ) SUBDIVISION ) Case No. VAC-99-003 RECOMMENDATION TO CITY COUNCIL BRIAN LEE CONSTRUCTION, Applicant INTRODUCTION f~ 1. The property is in Lot~I Block 6 and is generally located in Englewood Creek Subdivision No. 2 in Meridian, Idaho. 2. The owner of record of the subject property is Brian Lee Construction of 1381 W. Colville Court, Eagle, Idaho. 3. The Applicant is the owner of record. 4. The subject property is currently zoned Low Density Residential (R-4). The zoning of Low Density Residential (R-4) is defined within the City of Meridian's Zoning and Development Ordinance Section 11-2-408(B)(3). l8. 5. The proposed site of the requested easementnis Lot ~, Block 6 of the l~ac~c~i ~ Englewood Creek Subdivision. 6. The subject property is within the city limits of the City of Meridian. 7. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian RECOMMENDATION TO CITY COUNCIL - 1 PARTIAL EASEMENT VACATION -ENGLEWOOD CREED SUBDIVISION by BRIAN LEE CONSTRUCTION • ., ~- Comprehensive Plan. : (8 8. ,The Applicant requests the easement vacation on Lot~'of Bloclc 6 because the sewer line has since been relocated and the City is no longer in need of the twenty foot (20') wide easement. 9. There are' no significant or scenic features of major, importance that affect the consideration of this application. 10. The applicant obtained notarized approval of the easement vacation f 2• £rom affected utilities. RECOMMENDATION ~1. The Meridian Planning and Zoning"Commission hereby recommends to the City Council of tYle City of Meridian that they approve the requested partial •i easement vacation as. requested by the Applicant for the property described in"the application: i' t, . ~ Z:\Work\M\Meridian 15360M\EnglewoodEasVac.Rec " ` k e ,, }. " ~` ?_ F ~ s ' €' a RECOMMENDATION TO CITY COUNCIL - 2 , PARTIAL EASEMENT VACATION -ENGI:EWOOD CREED SUBDIVISION by BRIAN LEE CONSTRUCTION f HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT (208) 884-4264 CITY OF MERIDIAN Council Members PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO B UILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83642 (JE ~T1 ~) (208) 887-2211 RON ANDERSON ~~ Phone (208) 888-4433 • Fax (208) 887- J '-P LANNING AND ZONING KEITH BIRD . ~ U ~ p g 1999 DEPARTMENT (208) 884-5533 MEMORANDUM: City of Meridian City Clerk ®ffice Jul 9 1999 Y To: Planning & Zoning Commission/Mayor & City Council From: Gary D. Smith, P.E., City Engineer Re: Request for Partial Vacation of Sanitary Sewer Easement on Lot 17, Block 6, Englewood Creek Subdivision No. 2, by Brian Lee Construction The home on the above-referenced lot was built within an existing sewer line easement over an existing sewer line. The person responsible for preparing the plans of the house and submitting an application for building permit failed to determine required setbacks in accordance with the recorded plat and locate the house properly on the lot. The sewer line has since been relocated at the expense of the builder and the City is.no longer in need of the 20-foot-wide easement as shown on the recorded plat. . This application to vacate ten feet of the 20-foot-wide sewer easement is recommended for approval by the Public Works Department. k f' ~°'~ HUB OF TREASURE VALLEY ~'~ Mayor LEGAL DEPARTMENT ROBERT D. CORRIE '' A Good Place to Live CITY OF MERIDIAN I'08' gx~-az6a u~ 4il'vlembers PUBLIC WORKS CHARLES ROUNTREE 33 EAST IDAHO' :BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN IDAHO 83642~+C"J~~~ c'o8> say-z2I I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48~2;3J 9 19`~°~ PLANNING AND ZONING KEITH B[RD ~{ J~~ ®~~eT® f1C (~08A88M5 33 Clt9 Clesl~ ~;ty 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999: TRANSMITTAL DATE: July 2, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: VAC-99-003 REQUEST: PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK NO. 2 SUBDIVISION (LOT 17, BLOCK 6) '! BY: BRIAN LEE CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: ENGLEWOOD CREEK NO. 2 SUB. 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 ~QPOLICE 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) YOUR CONCISE REMARKS: HUB OF TREASURE VALLEY Mayor ROBERT D. CORRIE A Good Place to Live LEGAL DEPARTMENT ~ c i cil Members CITY OF MERIDIAN UBL-~ WaRK P s CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT GLENN BENTLEY MERIDIAN, IDAHO 83 c~o8> 8s7-az t t ~ r ~ ~ RON ANDERSON Phone (208) 888-4433 • Fax (208) 8 "~"` ~LANNING AND ZONING KEITH BIRD ~~~. O ~ ~QQn D 08A88~'E 33 City of Meridian City Clerk Office 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Julv_6, 1999 TRANSMITTAL DATE: July 2, 1999 FILE NUMBER: VAC-99-003 REQUEST: PARTIAL EASEMENT SUBDIVISION (LOT 17, BLOCK 6) HEARING DATE: July 13, 1999 VACATION IN ENGLEWOOD CREEK NO. 2 BY: BRIAN LEE CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: ENGLEWOOD CREEK NO. 2 SUB. 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 & FINAL PLAT) KEITH BIRD, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL) SEWER DEPARTMENT BUILDING DEPARTMENT •~/ G~' _ ~ `~ FIRE DEPARTMENT YOUR CONCISE REMARKS: /- f POLICE DEPARTMENT CITY ATTORNEY F ~; i,ri./ ~,' F~ W iI,L Nc f tae. CITY ENGINEER _ _CITY PLANNER ~~~'..e $ - / .~ ~i~ S ~~ ~~~"'-•~~ i'i/~~l,u~-z i HUB OF TREASURE VALLEY Mayor ROBERT D CORRIE A Good Place to Live LEGAL DEPARTMENT ' . Council Members (?08) 881-1 !61 CITY OF MERIDIAN _ PUBLIC WORKS CHARLES ROUNTREE -~c TT11~UILDING DEPARTMENT 33 EAST IDAHO GLENN BENTLEY r MERIDIAN, IDAHO 83642R~C 3%' i V .L~ ('os> as7-» i I RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-48'13 19g~ PLANNING AND ZONWG ~ KEITH BIRD DEPARTMENT '~L O c'oa> as1-ss3~ ' ieroffice City of i4 Clerk City 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 Planning & Zoning Commission, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: July 6, 1999 TRANSMITTAL DATE: July 2, 1999 HEARING DATE: July 13, 1999 FILE NUMBER: VAC-99-003 REQUEST: PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK NO. 2 SUBDIVISION (LOT 17, BLOCK 6) BY: BRIAN LEE CONSTRUCTION LOCATION OF PROPERTY OR PROJECT: ENGLEWOOD CREEK NO. 2°SUB. 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) YOUR CONCISE REMARKS: ///~ ~dl~7~fi+r,~ - ; ;_ ~ , "- i~ ti r• • ~ RECED AUG - 9 1999 CITY OF MERIDIAN ORGANIZED 1904 • • ~ . . ~. • 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Aug St 4, 1999 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 City of Meridian 33 East Idaho Meridian, ID 83642 Re: Partial Vacation in Englewood Creek No. 2 for Brian Lee Construction Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the above referenced application with the exception°that it cannot impact the pressure urban irrigation. Sincerely, ~~~~~ Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File -Shop '~ File -Office ~~ Water Superintendent ~ .~ ti ~; 0 . BOISE PROJECT RIGHTS - 40,000 ~ ~~ ~. ** TX CONFIRMATTDN SPORT ** .,~ AS OFh-cAUG 25 '~09~14 PAGE.01 CITY OF MERIDIAN DRTE TIME TOiFROM 01 08125 09 11 343 4963 MODE MINiSEC PGS CMD# STATUS EC--S 02'45" 004 146 OK }laver uuu w ane.:,~JUrtc'~rLLLGI ROBERT 0, CORRIF A Goad Aluc (o Live LEG~.L DEPARTbIENT "~-~l «<m ~ CITY OF 1VY~IZIDIAN i:Q~lyga.a~ba CHARLES ROUNTREE ~ 33 EAST IDAHO PUBLIC wO0.Ks BUILDING DEPARTMENT CLENN BENTLEY ~IERIDLI-N, IDAHO 83612 ('-08) $87•._I l RON ANDERSON ° Phona (:,0$) 9$$-~33 • Fax (203) $$7~81J PLANNING AND ZONING KEITH 9(RD DEPARTMENT (30SJ331-1333 FACSIMILE COVER SHEET FAX NUMMBER:_ _~~-f 3 ` `1 -I ~Q~ DATE: TO: ~~ ~ ~n ~ !' 7 T1TLE/DEPARTMENT: CONFIDENTIAL: YES. NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): FROM: CITY-0F MERIDIAN - FAX NUMBER: (208) 888-4218 .n NAME: U ~t ~^ . TITLEfDEPARTMENT: ~V~~ ~~ C~c,~ COMMENTS _~~~1 ~,Q,c, ~.~il•St~vC~-.d'~ V/~ ~T`I/~~l ~ lll/ ~i1~2.~lJrX~D ~~ . PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888=4433. MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 41 Order of Decision and at the same time that we prepare findings for the conditional use permit and hold the order of decision until we're through with the annexation. Rountree: Second. Cowie:` Motion made by Mr. Bentley second by Mr. Rountree to approve the annexation., and zoning and have the attorney draw up the Findings of Fact and Conclusions of Law and no development agreement in this case and also the Findings of Fact and Conclusions of Law and order for the conditional use permit and to hold that until after the annexation and zoning. Gigray: Mr. Mayor, ques#ion and point of procedure and information. Councilman Bentley, would this include in your recommendation or in the findings that we would .include the condi#ions that are recommended by the Planning and Zoning Commission? Bentley: Yes, thank you. Cowie: Al{ right, al{ those in favor of the motion say aye. MOTION CARRIED: ALL AYES. 17. PUBLIC HEARING: REQUEST,FOR PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK N0.2 SUBDIVISION BY BRIAN LEE CONSTRUCTION LOT 17, BLOCK 6: (ATTORNEY TO PREPARE ORDER TO APPROVE) Cowie: At this time I will open the public hearing and invite staff comments first. Gigray: Mr. Mayor just a point of procedure and information while staff is coming with the permission of the Mayor and Council. Just a note, it's our advice and I think i#'s been the practice of the city that with regards to the vacation of easements, they're governed under~ldaho Code.§ 50-1325, which says they have to be done in the same manner as streets. So what this public hearing is about and what the Council is considering is whetheror not the city would its permission to the vacation of the easements and the proposed orders that we've done in the past associated with easements is including notice to applicants that they still have to make an application to ACRD for the vacation of the easement. Cowie;.. Thank you Mr. Gigray. Siddoway: Mr: Mayor and members of the Council, this vacation application for this easement is in Englewood Subdivision. We view it mostly as a formality to clean up an existing easement situation. To give you a little history, a home was built over an existing sewer main with an easement, and the sewer has been since relocated to the other side of the house at the expense of the developer and the city is no longer in need of the 20 foot wide easement as shown on the recorded plat. Anew easement has already been dedicated for the new sewer location, so this application before you #onight is to vacate ten feet of the 20 foot wide sewer easement to allow the house to remain where it currently is and is recommended for approval. The Public Works MERIDIAN CITY COUNCIL MEETING AUGUST 17, 1999 PAGE 42 Department has reviewed and approved the legal descriptions for the easements, .however I know Gary Smith also has some corrections that need to be made. Smith: Mr: Mayor and Council members,. part of the documents that have been prepared' for this request principally the recommendation to City Council has listed the wrong lot number" as to the location of the vacation of easement. The reference in the introduction to the recommendation to City Council states that it is lot 17 of block 6. It `should"be lot 18 of block 6 in item number one. Item "number five on page one, the proposed site of the requested easement and the word vacation should be inserted in there is lot 18 of block fi of the Englewood Creek Subdivision. tf you're following along with. me on that. Okay. That's,supported by the drawing that's on the overhead on the screen. Lot 18 is to the left as numbered and the existing sewer easement was totally on-lot 18 at th_ a platting stage of the subdivision. As Steve stated to you in his presentation, that sewer line has now been moved to`the east and that portion that is cross hatched on the drawing is the portion requested being made to vacate on lot 18 of block 6. Corrie: I believe item 8 needs to be changed too. Smith: Yes, correct. Item number 8 also needs to be changed to lot 18 of block 6 and that is the location of the requested vacation of the easement. One other thing I might mention t believe that Steve mentioned that the developer had paid for this relocation and actually the builder of the lot has paid for that relocation, which is just ~a clarification for the record. I don't think I had anything else. i know the folks that have the lot and the house are in a real pickle as far as closing on their loan. I'm not sure what running this back through the highway district, how that's going to impact their timing. I understand what Mr.~ Gigray is saying, and he's correct, that's his line of work and that's what the statute as far as 1 know says. It is to be vacated in the same manner as road rights-of--way. I think it's a formality that is not really having any effect on this particular request. As far as the highway district, the last`one that went through the highway district in Meridian Greens, they had no comment on it, and it was outside the road right-of--way similar to this one. I guess that's my only concern is what the owners of the house what their situation is as far as their closing of their loan. I know it has been a real trial for them. That's all i have. Thank you. Carrie: This is a public hearing. Would you like to come up? Lee: Brian Lee of Brian Lee Construction, and instance in which we came in is we were given a plot and the legaldescriptions were not written and when we called #or verification or asked for more legal print on it, we were denied it, and the only verification we could get was a standard ten foot easement, so we built the house according to the ten foot easement we were given. tt was approved by the Meridian City Inspectors before concrete and what not and as he stated, obviously there was a sewer line underneath the house and it was at the cost of myself. The situation we're in now is we're not able to close on this loan and we've got construction interest and what not accruing until we can get #his thing closed. At this point it's. accruing real fast, so • MERIDIAN CITY COUNCfL MEETING AUGUST 17, 1999. PAGE 43 ' we'd just Nke to get the thing closed and so we can get the homeowners locked in so they can still qualify for the house, and that's my only remarks. Thanks. Corrie: Anyone else from the public would I'rke to issue testimony? Brown: My name is Craig Brown. 1 currently reside at-lot 18. We are not locked in though on our loan. We have been issued a permit of occupancy from the city and from the builder Brian Lee and what we are concerned about is being. able to close in a timely manner and not losing our interest rate and opportunity to purchase the house. Is there any questions or anything? That's all I have. Corrie: When is your closing date? .Brown: Well it was scheduled a couple of months ago, and Pioneer title would not close on the house because this has not been finalized. So it will happen as soon as this is finalized whenever that happens. Come: Thank you Craig. Anyone else from the public who would like to issue testimony here? Okay, Mr. Gigray, it sounds like he's at catch 22 here. 1 don't know what is the legal .procedure? They still have to go through the ACRD? (End of Tape) Gigray: Mr. Mayor and members of the Council, my opinion is my opinion, and 1 think that the statute says it has to be vacated in the same manner that streets are. The Idaho Code has very specific provisions about abandonment and vacation of roads and streets. It's in title 40. I think there's some problems with title 50 and the relationship of this requirement with easements that are not in public ways. If you were a jurisdiction that was not in a county that had a~countywide highway district, I think you'd be the highway district and you could do the whole sha-bang. I think it poses problems in Ada County and I think it's a -matter that should go to the legislature for clarification. You go ahead and issue your order if you feel that this is in the public interest and there's no public interest served by keeping the easement, and order just simply says that they're on notice that they probably should file a petition with the Ada County Highway District so they're not confused. And that the City does not take the position that it's attempting to assurp any authority that may be with the Ada County Highway District. If they can get a closing and no one cares., based on the city approval, I guess that,happens, but I don't think we should be in a position to advise the applicant about what they legally should do. I think the city should just do what we do and then they can live with whatever that is. That's just my opinion. Corrie:- Any other discussion? I'll entertain a motion to close the public hearing. Bird: So moved. Bentley: Second. Corrie: Motion is made and second to close the public hearing on item number 17. Any further discussion? Hearing none, all those in favor of the motion say aye. MOTION CARRIED: ALL AYES: ** TX CONFIRMATILIN REPORT ** AS OF AUG 24 '99~17~39 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 16 08/24 1?~36 938 1252 G3--S 02'55" 004 143 ------------------------------------------------------------------- OK --------------------- ROBERT D, CORgE A Good Place Co (,wg LEC~L DHPaRT~tEVT CITY" OF MERIDIAN t:°" ~y1.1:G1 CH.~RLES ROl1Nl'RE: PUBLiC WORKS 33 EAST IDAHO BUILDING DER4RT~IE:~T GLE`~N BEVTLY ttiIERIDIrIN, IDAHO 836J2 (=BSt dyi-„! t RON.iNOERSOfY Phont (208) 333--G133 • Fax (308) 9$7-1313 PLaNNtNG,at~D zONING (LEITH BIRD OEPgRT„IEvT _ ('03x931-553J FACSIMILE COVER SHEET FAX NUMBER: `"13 b-1 aS~ DATE: Cll~ TITLE/DEPARTMENT: ~t ~~, ~ C[~~-r'yC~--)~~ CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (INCLUDING COVER SHEET): F OM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 NAME: nn TITLE/DEPARTMENT: l~~ COMMENTS: C~~ 'f~~nV ~D/ ~`~ ~ I PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-433.- - ~,11V0~ KG`B OF TRE4SUR~ ~gLLFY ROBERT D. CORAL • A Goad Ptace to Live ~~~~~~ CITY OF MERI~ AN CHARLES ROUNTREE ~ 33 E.aST ID?~HO GLENN gEVTI-E.y i~1ERIDI~N, ID.~HO 3361? RON.~iNDERSON Phone (208)'888--1-133 • Fax (208) 387-1313 KEITH BIRD LEG,~L DEPARTMENT (.V3) 331.1?~1 PUBLIC WORKS BUILD[NG DEPART~.tENT ros[ 33;-~_ I [ PLANNING AND ZON[NG DEPARTI~[ENT c~os1 ss1-;;;3 a ? p~FACSIMILE COVER SHEET FAX NUMBER: ~ 3 0 "~ ~ as~ DATE: ~' T0: 1 Y Al.~ 1:1 ~. D ~ T1TLE/DEPARTMENT: ~f +P.h-- ~ ~ l~~t'i CONFIDENTIAL: YES NO TOTAL NUMBER OF PAGES (.INCLUDING COVER SHEET): l FROM: CITY OF MERIDIAN - FAX NUMBER: (208) 888-4218 n NAME: TITLE/DEPARTMENT: ~P,LZJ~ C~ COMMENTS:_C~~ Cri PLEASE CALL US IF YOU DO NOT RECEIVE-ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. a ~Iavor ROBERT D. CORRSE om~l~tm-tee CHARLESROUNTREE GLENN BENTLEY RON ANDERSON KEITH B IRD . NUB OF TREgSURE VALLEY A Guad Place to Live CITY OF MERIDIAN 33,EAST IDAHO MERIDIAN, IDAHO 83612 Phone (208) 888--4133 • Fax (208) 387--7.313 LEGAL OEPARTME:vT (ZU3) 33~t-.t2G.t PUBLIC WpRKS BUILDING DEPARTMENT PLANNING AND ZONING DEPARTMENT ('_08) 331-jj33 FACSIMILE COVER SHEET FAX NUMBER: _C ~i c~ `" `~ ~tU DATE: TITLE/DEPARTMENT: CONFIDENTIAL: YES NO TOTAL NUMBER OF~~PAGES (INCLUDING COVER SHEET): FROM: CITY OF MERIDIAN - FAX NUMByER: (208) 888-4218 :~~ ~.~' ~ ~~ roc TITLE/DEPARTMENT: COMMENTS:. ~~l,~-~(.l ,(,~, (.c~~l.C-~YyC~•f-~ ~ ~/~G1~1`~l ~i~ 1 PLEASE CALL US IF YOU DO NOT RECEIVE ALL FAX TRANSACTIONS SUCCESSFULLY (208) 888-4433. ~, • MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 13. 1899 ___ APPLICANT: BRIAN LEE CONSTRUCTION AGENDA ITEM NUMBER: 5 REQUEST: PARTIAL EASEMENT VACATION IN ENGLEWOOD CREEK N0.2 SUBDMSION AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: ~"r~~ IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: AI- Mat®ria-s p~ented at public meetings shalt become property of the City of Meridian. .~u~' .... ~ , , y .. 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