HomeMy WebLinkAboutRoaring Springs VAC •
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live
Council Members 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
(zoa) 8s7-2zII
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 and Zoning. Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999
TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9. 1999
FILE NUMBER: VAC-99-001
REQUEST: VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR
ROARING SPRINGS WATER PARK
BY: REED BOWEN JR.
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, EAST OF
BLUE MARLIN LN
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, 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:
VACATION APPLICATION
{RE: 11~Ieridian Zoning Ordinance)
APPLICANT' Roaring Springs Water Park PHONE, 208/884-8842
. (Reed .Bowen, Jr. - President)
~DgE$$; 680 S. Progress Ave., Suite 1_,__ Meridian, ID 83642
OWNER: W. H. Moo~te Co. pHO~; 208/323-1919
ADDRESS: P. O• Box 8204, Boise, ID 83707
GENERAL LOCATION: North of Overland Road, east of Blue Marlin Lane
LEGAL DESCRIPTION OF PROPERTY:
See attached
PROOF~F OyVNERSIIIP OF VALID OPTION: A copy of your property deed or option
agreement must be attachcd.
PRESENT" ZONE CLASSIFICATION: C
VICINI'T'Y SKETCD: A vicinity map and/or sits plan at a scale approved by the City showing
PmP~Y lines, streets existing and proposed coning 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
rriust ire attached. This list can be obtained from the City of Meridian Planning & Zoning
Department. Please request list seven days prior to submitting application.
Fce in the a~uirt of $225.00 + $1.73/notice. Please double the mailing fce on this application.
(All vacation applications require two public hearings - I before Planning ct Zoning
Commission a~ 1 before City Council}.
DESCRIPTION OF PROPOSED VACATION: Vacation of ingress/egress
and utilities easements to allow construction of a water park
across the lots shown in the attached Exhibits A and B.
r
Signature
~ EXdig~r A ~
VACATION OF INGRESS-EGRESS AND UTILITIES EASEMENT
A Vacation of a reciprocal ingress-egress and utilities easement situated in a portion of
West King Salmon Lane as shown on the Plat of Interstate Center Subdivision as
recorded in Book 74 at Pages 7656 and 7657 Ada County Records located in the SE1/4 of
Section 13, T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho and described as
follows:
That portion of said West King Salmon Lane situated in Lots 7, 9, 19, 20 and 21, Block 1
and the North 30.00 feet of the East 80.00 feet of Lot 22 Block 1.
Said Vacation contains 0.71 acres more or less.
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VACATION OF INGRESS-EGRESS EASEMENT
A Vacation of a reciprocal ingress-egress easement situated in a portion of West King
Salmon Lane as shown on the Plat of Interstate Center Subdivision as recorded in Book
74 at Pages 7656 and 7657 Ada County Records located in the SE1/4 of Section 13,
T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho and being that portion of said
West King Salmon Lane situated in Lots 5, 22, and 23, Block 1 and described as follows:
BEGINNING at the lot corner common to Lots 5,7, and 22, thence SO°13'37"W a
distance of 30.00 feet to a point;
Thence N89°46'23"W a distance of 210.00 feet to a point;
Thence. along the arc of anon-tangent curve to the left having a length of 64.35
feet, a radius 50.00 feet, a central angle of 73°44'23", and a long chord of 60.00
feet bearing NO° 13' 37"E to a point;
Thence S89°46'23"E a distance of 210.00 feet to a point;
Thence SO°13'37"W a distance of 30.00 feet to the POINT OF BEGINNING.
Said Vacation contains 0.28 acres more or less.
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REAL P~PERTY PURCHASE AND SALE AGREEM
Date: August 10,1998
7. AGREEMENT TO SELL. Subject to and in
Consideration of the mutual terms and conditions
contained herein, Winston H_ Moore ("Seller'},
hereby sells to Reed Bowen, Dwayne Clemson,
and Kevi Denison ("Buyer"), and Buyer hereby
purchases from Seller, the n3al property
described low.
2. PROPERTY. The property that is the
subject of this Agreement ("Property's is the
parcel of land identfied on Exhibit A hereto,
together with and subject to the real property
ap~purtonanca3s thereto. Buyer admowledges its
responsibility tv independently irnestigate the
suitability of the Property for its intended use
and agrees tgtake it in the Condition it is now in,
without warranty or impmvert~ent try Seller, and
to provide aN improvements, whether otysite or
onsite, required by jurisdictional authorities or for
Buyers use.
3. PURCHASE PRICE. Buyer agrees to pay to
Seger as the PurChast Price the sum of
52,349,300 payable as fogows:
3.1 510,000 in cash to be deposited with
Stewart Title Company of Idaho ("7itie
Company") in an interest bearing account in
Boise, Idaho, by August 12, 1998. The
Deposit, as the same may be inCn3ased
pursuant tp §5.2, shall be credited against the
Purchase Price at closing.
3.2 The balance in cash via c:olteaed funds
on the Closing Date.
4. AREA ADJUSTMENT. Any revision to the
Property boundary as set forth on Exhibit A shall
be subject to the execution by Buyer and Seller,
at their disuetion, of an acknowledgment thereof
and of the corresponding adjustrnent to the
Purchase Price.
5. CONDITIONS PRECEDENT. During the
period ending November 30, 1998 ('Review
Pori d Expiration Date'). Buyer shall determine
to own satisfaction the feasibility of Buyes's
p ns regarding the Property, and the condition
and suitability of .the Property for Buyer's use.
Seger shah by September 5, 1998, furnish t0
Buyer copies of a currant prsNminary title report
and the existing environmental report. The
partier hereto will proceed to a closing of this
transaction unless, and onry unless, Buyer
notifies Seller in writing by the Review Period
Expiration Date, as the same may be extended
pursuant th §5.2, that the results of its review of
the Property were for any reason not satisfactory
to Buyer. If any such notice is timely given, then
this Agreement shah be deemed terminated, arty
interest earned on the Deposit shall be
disbursed th Buyer, and neither party shall
thereafter be liable to the other hereunder If
such notice is given by September 30, 1998, the
Deposit shalt be refunded in full th Buyer: if such
notice is not given, yr is given after September
30, 1898, the Deposit shah not be refunded for
any reason other than Seller's default
hereunder, and shall be credited against the
purchase price or disbursed to Salter upon the
earlier of the closing or termination henof.
5.1 CONSt1LTANT. Buyer agrees to engage
by September 1, 1998, a professional real
estate consultant approved in writing by Seller,
th facQiitate the timely and orderry application
for and prosecution of govemrr~ntal and
financing approvals.
S.Z REVIEW EXTENSIONS. Subject b the
continued partiGspation by the fon~going
consultant, Buyer may at its option extend the
Review Period Expiration Date by four
successive 30 day periods. Each 3fl day
extension may be exercised by Buyer only by
(a} giving written notice thereof to Seller by the
then expiring Review Period Expiration Date,
and {b} depositing with Escrow Agent by the
then expiring Review Period Expiration Date
the respectlve amounts set forth below as
additional non-refundable Deposit:
Extension Additional Deposit
~„ a24,oflo
sn° a3s,ooo
3rd $47,000
4°i $47,000
6. USE. The Property, anti the Expansion
Property as set forth on Exhibit B, shalt be
subject to use restrictions prohibiting go-tarts,
motorized bumper boats, batting cages and
miniature gulf for so long as such uses are
conducted on the adjoining property now known
REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 1
as Boondocks 1=un Center. Seller reserves the
right of approval nagarding Buyers site
development and architectural plans prior to
commencement of construction.
7. RE-PLATTING. Buyer acknowledges that
the Property is within a platted subdivision, and
agrees to pay for any na-platting. surveying or lot
line adjustments necessitated by any re-
confrguratien of the existing plat requested by
Buyer.
8. CLOSING - CLOSING QATE. The closing
agent shalt be the Title Company, at whose
offices the closing she{! occur. The coring shall
occur within 15 days after the Review Period
Expiration Date.
9. OPTION TO PURCHASE_ During the period
beginning on ;tre olosing date hereof and ending
September 30, 1899 (`Option Expiration Date"),
Buyer shall have the exclusive right to purchase
the property identified on Exhibit B hereto
('Option Property', subject to and upon the
terms set forth below. Buyer may exercise this
right only by giving to Landbrd by the Option
Expiration Date written notice of its election to
do so. Closing shall occur within 30 days after
any such notio is given. If no such notice is
timely given, then this option shall lapse and be
of no further force or effect. The election by
Buyer to extend the ebsing date for the Property
pursuant to §5.2 shall not extend arty of the
dates set forth in this section or its subsections.
9.1 OPTION EXTENSIONS. Buyer Wray at its
option extend the Option Facpiration Date by
two successive six month periods. Each six
month extension may be exercised by Buyer
only by delivering to Seller by the then expiring
Option f=xpiratron Date both (a) written notice
of such extension, and (b) 580,000 in cash as
the six month option extension fee. The
extension fee(s) shall be credited against the
Purchase Price if a closing occurs, but shall
not otherwise be refunded.
9.1.1 PURCHASE PRICE. The purchase
price for the Option Property is dependent
upon the date notice of Buyer's exercise of
option is given, as follows:
•
Notice Given By
03-31-99
09-30-99
03-31-00
09~aoo
Purchase Price
$1,616,500
$1,732,000
$1,847,500
s1,9s2,~ao
9.1.2 D01NN PAYMENT. The amount of
the Purchase Price due at ebsing is
dependent upon the date notice of Buyer's
exercise of option is given, as fiollows:
Notice Given By __Down Payment
03-31-99 $0
09-30-99 $0
03-31-00 $184,750
0930-00 $19t3,290
9.1.3 PAYMENT TERMS. The balance of
the Purchase Price shall be payable in the
form of a promissory note secured by a first
position deed of trust in form and substance
satisfactory to Seiler, accompanied by such
other documents as may be necessary do
perfect such security interest. The interest
rate shall be floating at the US Bank prime
rate plus one point Equal payments of
principal and interest based on a 15 year
amortization shall bs due monthty beginning
one month after the option closing. The note
shag be due and payable in full two years
after the option dosing. Whale or partial
prepayment will be permitted wRhout penalty.
Any prepayment shalt be applied first to
'snterest and then to principal, and will not
waive the requirement for monthly payments,
but wilt reduce the principal balance, and
may reduce the number of payments to tae
made_ No alterations to the Option Property
shall be permitted until the note is paid in fuU.
9.2 OTHER TERMS. The provisions of §10
through §24 hereof shall apply to the Option
Property transaction.
10. fEXCHANG>ir OPTION. Either or both of
Buyer and Setter may at their option effect the
purchase and sale of the Property through a
third party Section 1031 exchange, in which
event the other party shall cooperate to that end
and execute such documents as Wray be
necessary then3for, provided that the Closing
Date is not delayed, that the other party incurs
no additional expense or !'rabiliiy, and that the
provisions hereof survive any exchange, and in
which event the exchanging party indemnities
REAL PROPERTY PURCHASE ANA SALE AGREEMENT -Page 2
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1.-.
the other party against alt ct2~ims arising out of or
in any way connected with the other property or
its transfer, and against all cysts incurred by the
other pally in the course of defending against
the same.
11. TITLF AND fNSURANCE. Seller shall
cause the T'ste Company to deliver to Buyer a
preliminary title report regarding the Property.
Buyer and Seller shag cause the Title Company
to issue at closing a standard owner's policy of
title insurance in the amount of the Purchase
Price insuring title to ire Property in Buyer's
name subject to the following exceptions, Buyer
and Seller each paying one half of the cost
thereof. True to the Property shall tie conveyed
tree of tierrs, but subject bo the True Company's
usual and customary exceptions, the lien of
taxes and regular a&sessments for the year of
dosing, easements and restrictions of record,
additional utility easements N'iat do not mafierially
affect the value or development potential of the
Properly, and other rrtartters apparent or of
record.
12. CONVEYANCE. Upon the performance of
the provisions contained herein, Seiler shall
execute and deliver to Buyer on the Closing
Qate a standard form Wanantyt Deed conveying
fee simple title to the Properly to Buyer subject
only to the exceptions set forth above.
13. CLOSING COSTS -PRORATION. Buyer
shall pay the cost of recording the deed, and
Sayer and Seller shall each pay one-half of the
dosing agent's usual and Customary closing
fees. Property and irrigation taxes shalt be
prorated as of the Closing mate. Arty legal costs
incurred by either party in connection with the
Consummation of this transaction shall be paid
by the. party incurring such costs.
14. CLOSING INSTRUCTIONS. The closing
agent is instructed as follows:
14.i Closing Statement. Prepare dosing
staterr~n~ for execution by Buyer and Satter
in accordance with the terms hereof.
14.2 Receive Payments. Collect all funds to
be received from the parties at Closing and
disburse and pay the same to the parties and
such other persons or entities entitled to such
funds.
14.3 Collect, Record and Deliver Documents.
Collect the various documents and information
to be provided by Seller and Buyer and secure
the required signatures and admowledgments
and record such docurr~r>ts as necessary and
in the proper sequence, and deliver the same
to the respective parties as required tv close
this transaction.
15. POSSESSION. Buyer shalt be entitled to
possession of the Property from and after the
cbsing.
16. REMED(t8S -ATTORNEYS FEES. ff either
party fails to perform in accordance with the
terms of this Agreement, each shall be ent~ted
bo ati rights available at taw or in acuity. {n the
event of any dispute hereunder, the prevailing
pally shop be entitled to reasonable attorneys
Peas.
17. ADGI'flONAL ACTS. Each party agrees to
faits such other actions as may reasonably be
required to consummate this transaction, and tQ
afford each other reasonable cooperation
towards that end.
18. GOVERNING LAW. This Agreement shall
be governed by the laws of the State of Idaho.
19. TIAAE, SEVERABILITY. Trine is of the
essence of this Agreement, and each party
hereto agrees tD promptly perform such acts as
are reasonably required in connection herewith.
If any provision of this Agreement to any extent
is found by a court of competent jurisdiction to
be invalid or unerrfor~tbta, the remainder of
this Agraamant shall not be affected thereby.
20. NOTICES. Any notices required to be
given hereunder shall be given in writing,
addressed to the respective parties at their
addresses as set forth below, and shall be
deemed affective when personally delivered or
24 hours after deposit in the U_S_ mail, postage
prepaid, certified or registered.
21. ENTIRE AGREEMENT. This Agreement
constitutes the enure agreement between the
parties, has boon entered into in reliance solely
on the contents hereof. and shag not be
modified except in writing signed by both parties..
This Agreement supersedes arty previous
agreements, written or oral, between the parties
hereto.
REAL PROPERTY PURCHASE AND SALE AGREEMENT -Page 3
a.~
ZZ. ®iNDING EFi"i=CT - S~YAL. This
Agreement shall be binding upon the heirs,
administrators, executors, Successors and
assigns of the parties hereto and shall survive
the closing of this transaction.
Z3. ASSIGN1YlENT. Neither party may assign
its intrerest herein or '':n the option without the
prior written consent of the other.
24. RECORDING. Neither party shall record
this Agreement or the temps hereof without the
others express prior written consent, provided
that a memorandum disclosing that the Option
property is subject to the provisions of §9
hereof, but not disdosing the purchase prices
and tem~rs, may be recorded on or after the
dosing date hereof
?„~. COMMISSION. Subject to the closing
hereof. Serer shah pay any commission due to
J.L Boyd Company and Thornton Oliver Keller
Commeroiai Real Estate regarding the Property
in accord ardh sepafate agreement Buyer and
Setter shall otherwise hold each other harmless
from other commission or tinder's fee claims
~.~.
snstan H.
PO Box 8204
Boise ID 83707
arising from the inde~dying party's conduct or
representations-
Zt3. AGENCY DISCLOSURE. The palt'tes
hereto actcnowtedge that J_L. Boyd Company
represents the Seiler, 1'hvmton Ofivver tteAer
Commen:iai Rea! Estate represents the Suyer,
and each party has received and had
opportunity to read a copy of the Idaho Real
Estate Commission agency disclosure brochure.
2T. OFFER EXPIRES. This Agreement and
Sellers execution hereof shall at Setter's option
be deemed pup and void if by August 12, 1998,
either (a) Seiler or Thornton Oliver Keifer
Commercial Reat f=state has not received an
original of this Agreement executed by Buyer, or
(b} the Escrow Agent has not received the cash
Deposit
28. AUTHORITY. The individuals signing
below on behalf of the respective parties hereto
warrant that they are duty authorized to execute
this Agreement on behalf of said parties, and
that such execution is binding upon said parties
without e n tifrcation.
ne Denison
•
vin Denison
Buyer's notice address:
680 S Progress Ave -Suite 1
Meridian ID 83642
REAt_ PROPERTY PURCHASE AND SALE AGREEMENT -Page 4
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Parcel 1:
PROPERTY DESCRiPTtON •
.July 7, 1998
Ril of Lots 7, 9, 19 through 22, and 25 through 28 in BIocK 1 of Interstate Center, a
subdivision, according to the official plat thereof, records of Ada County, Idaho; and
Parcel 2:
Part of Lots 23 and 24 in Black 1 of interstate Center, a subdivision, according to the ofl9cial
plat thereof, records of Ada County, Idaho, which part is more particularly described as
follows:
Commencing at the Northeast comer of said Lot 23; thence
South 00° 13' 37" West 545.00 feet to a point; thence
North 89" 46' 23" West 160.00 feet to a point; tfience
North 00° 13' 37" East 496.01 feet to a point of curve; thence
along a curve to the right, said curve having a central angle of 44° 24' 55", a radius of 20.00
feet, and a long chord bearing North 22° 28' 05" East 15.12 feet to a point of curve;
thence
along a curve to the Jeff, said curve having a central angle of 44° 24' 55", a radius of 50.00
feet, and a long chord bearing North 22° 26' 05" East 37.80 feet to a point; thence
South $9° 4S' 23" East 140.00 feet to the point of beginning; and
Parcel 3:
Part of Lot 5 in Block 1 of Interstate Center, a subdivision, according to the official plat
thereof, records of Ada County, Idaho, which part is more particularly described as foJ[ows:
Commencing at the Southeast comer of Lot 5; thence
North 88° 46' 23" West 189.99 feet to a point of curve; thence
along a curve to the le#t, said curve having a central angle of 45.35' 05", a radius of 50.00
feet, and a long chord bearing North 22.33' S5" West 38.74 feet to a point of curve;
thence
along a curve to the left, said curve having a central angle of 44° 24' S5", a radius of 20.00
feet, and a long chord bearing South 67° 33' 56" East 15. i 2 feet to a point; thence
South $9° 46' 23" East 201.00 feet to a point; thence
South 00° 13' 37" West 30.00 feet to the point of beginning.
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VACATION OF INGRESS-EGRESS AND UTII.ITIES EASEMENT
A Vacation of a reciprocal ingress-egress and utilities easement situated in a portion of
West King Salmon Lane as shown on the Plat of Interstate Center Subdivision as
recorded in Book 74 at Pages 7656 and 7657 Ada County Records located in the SE1/4 of
Section 13, T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho and described as
follows:
That portion of said West King Salmon Lane situated in Lots 7, 9, 19, 20 and 21, Block 1
and the North 30.00 feet of the East 80.00 feet of Lot 22 Block 1.
Said Vacation contains 0.71 acres more or less.
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ExHrdir B
VACATION OF INGRESS-EGRESS EASEMENT
A Vacation of a reciprocal ingress-egress easement situated in a portion of West King
Salmon Lane as shown on the Plat of Interstate Center Subdivision as recorded in Book
74 at Pages 7656 and 7657 Ada County Records located in the SE1/4 of Section 13,
T.3N., R.1W., B.M., City of Meridian, Ada County, Idaho and being that portion of said
West King Salmon Lane situated in Lots 5, 22, and 23, Block 1 and described as follows:
BEGINNING at the lot corner common to Lots 5,7, and 22, thence SO°13'37"W a
distance of 30.00 feet to a point;
Thence N89°46'23"W a distance of 210.00 feet to a point;
Thence. along the arc of anon-tangent curve to the left having a length of 64.35
feet, a radius 50.00 feet, a central angle of 73°44'23", and a long chord of 60.00
feet bearing NO° 13' 37"E to a point;
Thence S89°46'23"E a distance of 210.00 feet to a point;
Thence SO°13'37"W a distance of 30.00 feet to the POINT OF BEGINNING.
Said Vacation contains 0.28 acres more or less.
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Apri15, 1999
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
^ /~ /~ ,~ Q/ OFFICE: Nampa 466-7861
lV' . ~ ( `_ ,~.~ ~ Y" SHOP: Nampa 466-0663
Will Berg, City Clerk ~ /r~ . S ~
Ci F M ri i
ty O e d an I~ ~~ ~,~~~ ECEIV~~
33 East Idaho ~ , ~,
~~ ~ ~ ~ ~
Meridian, ID 83642 n ~ ~ ~~
Y ~ APR - 7 1959
Re: Roariag Spriggs Water Park ~OVS;~ J`~' CITY OF iV1EftIDIAlV
~"~
Dear Mr. Berg: ~`~ ~~
The application to vacate a utilities easement at the above mentioned
project must be put on hold until the Nampa 8s Meridian Irrigation
District can start up the pump station to determine if the mainline has
been damaged in the construction of this project.
We have the plans in review and they have not been approved as of this
time. The Nampa 8a Meridian Irrigation District has some unanswered
questions concerning this project; therefore, we cannot vacate our
easement for the mainline until we have new one in place.
Sincerely,
~iB-•ll Henson, Asst. Water Su erintendent
P
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH:dln
Cc: File
Each Director
Secretary-Treasurer
Water Superintendent
PUIS -Bill Child
Laura Burri
Pinnacle Engineers -John Carpenter
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
r~ia & ~~~~idc.'a~s ~Ivugatia~s Z~~ct
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
April S, 1999
Will Berg, City Clerk
City OF Meridian
33 East Idaho
Meridian, ID 83642
Re: Roaring Springs Water Park
Dear Mr. Berg:
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
~~
RECE~D
CITY Or 12ERIBIA.ti
The application to vacate a utilities easement at the above mentioned
project must be put on hold until the Nampa 8s Meridian Irrigation
District can start up the pump station to determine if the mainline has
been damaged in the construction of this project.
We have the plans in review and they have not been approved as of this
time. The Nampa 8s Meridian Irrigation District has some unanswered
questions concerning this project; therefore, we cannot vacate our
easement for the mainline until we have new one in place.
Sincerely,
~~~~~
Henson, Asst. Water Superintendent ~ ~w
NAMPA & MERIDIAN IRRIGATION T)T~TRICI' ' pN ~ - f~ ~ I"-
BH:dln
Cc:
(~~" .~Qi," f r
File /" .
Each Director A ~, ! o~ ~ , /~
Secretary-Treasurer (i" ~, pvG"' ? K
Water Su erintendent ~,~ `
PUIS -Bill Child ~' ~~ ~ } S
Laura B ,~,,o~' d" ~'
um ~ ~ /' - ~~ o'er ~,~t~
Pinnacle Engineers -John Carpenter y~'"- yv~
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A PROXI T IRE
~/~~ RI IGHT$ ~ 23,000 I~
~~ ,,~ ~ ~V
(./" OIS PROJECT RIGHTS - a0,000
Phones: Area Code 208
,~~,~ rc~J,17Y RE~OROER
. C."a~/iQ ~1;~V~r ft0
BEFORE THE MERIDIAN CI'I
l99~ MY 21 p~~ f ~ 49
In the Matter of the REQUEST
FOR VACATION OF
INGRESS/EGRESSAND
UTILITIES EASEMENTS FOR
ROARING SPRINGS
SUBDIVISION BY REED
BOWEN, JR.
.:.OR~~~-RED E,~T Or
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Y COUNCIl~O J 3 ~ ~ I
Case No. VAC-99-001
ORDER GRANTING CITY
APPROVAL OF REQUEST FOR
VACATION OF RECIPROCAL
INGRESS/EGRESS AND
UTILITY EASEMENT
SITUATED IN A PORTION OF
WEST ICING SALMON LANE
This matter coming on regularly before the City Council at its regular meeting
on the 6`'' of April, 1999, and Shari Stiles, Planning and Zoning Administrator,
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 referred to as the Roaring Springs Water Parlc
development and is generally located north of Overland Road and east of Blue Marlin
Lane in Meridian, Idaho.
2. The owner of record of the subject property is W. H. Moore Co. of P.O.
Box 8204, Boise, Idaho.
ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF
FOR VACATION OF RECIPROCAL INGRESS/EGRESS AND UTILITY
EASEMENT SITUATED IN A PORTION OF WEST ICING SALMON LANE /
ROARING SPRINGS WATER PARK -REED BOWEN, JR. - 1
3. The Applicant is Roaring Springs Water Parlc of 680 S. Progress Ave.
Ste. 1, Meridian, Idaho.
4. The subject property is part of the Interstate Center Development and is
currently undergoing construction for a water park.
5. The Applicant filed a written request for vacation of easements.
6. The Applicant proposed the following: Vacation of a reciprocal
ingress/egress and utility easement situated in a portion of West Icing Salmon Lane.
7. The subject property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
8. Vacation of the ingress/egress and utilities easement is a condition of
Roaring Springs Conditional Use Permit prior to receiving occupancy for the water
park project.
9. That the applicant's request for vacation of the ingress/egress and
utilities easement will serve no public interest by the retention of the easement.
ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF
FOR VACATION OF RECIPROCAL INGRESS/EGRESS AND UTILITY
EASEMENT SITUATED IN A PORTION OF WEST IQNG SALMON LANE /
ROARING SPRINGS WATER PARK -REED BOWEN, JR. - 2
•
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
reciprocal ingress/egress and utilities easement situated in a portion of
West Ding Salmon Lane as shown on the Plat of Interstate Center
Subdivision as recorded in Boolc 74 at Pages 7656 and 7657 Ada
County Records located in the SE 1/4 of Section 13, T. 3N., R. 1 W.,
B.M., City of Meridian, Ada County, Idaho and described as follows:
Limited to:
That portion of said West I~i.ng Salmon Lane situated in Lots
7,9,19,20 and 21, Bloclc 1 and the North 30.00 feet of the East 80.00
feet of Lot 22 Bloclc 1.
Said Vacation contains .71 acres more or less.
2. This approval is subject to and dependant upon the applicant filing the
appropriate petition for the vacation of this easement and receiving an
Order of the Ada County Highway District whose jurisdiction on this
matter is referenced in I.C. § 50-1325 and pursuant to I.C. § 40-203.
By action of the City Council at its regular meeting held on April 20, 1999.
By:
O ERT . CORRIE
ayor, City of Meridian
ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF
FOR VACATION OF RECIPROCAL INGRESS/EGRESS AND UTILITY
EASEMENT SITUATED IN A PORTION OF WEST ICING SALMON LANE /
ROARING SPRINGS WATER PARK -REED BOWEN, JR. - 3
r
•
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By: Dated:
City Cler c
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ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF
FOR VACATION OF RECIPROCAL INGRESS/EGRESS AND UTILITY
EASEMENT SITUATED IN A PORTION OF WEST ICING SALMON LANE /
ROARING SPRINGS WATER PARK -REED BOWEN, JR. - 4
Copy served upon Applicant, the Planning and Zoning Department and the Public
Works Department.
By: Dated: L+' Z ~ - I
City Cleric
STATE OF IDAHO,)
County of Ada. )
ss.
On this day of ~' i ~ , 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 Cleric
of the CITY of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
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ORDER GRANTING CITY APPROVAL OF REQUEST FOR VACATION OF
FOR VACATION OF RECIPROCAL INGRESS/EGRESS AND UTILITY
EASEMENT SITUATED IN A PORTION OF WEST ICING SALMON LANE /
ROARING SPRINGS WATER PARI< -REED BOWEN, JR. - 4
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Meridian City Council Meeting
April 20, 1999
Page 11
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE,
YEA.
MOTION CARRIED: ALL YEAS.
12. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
REZONE OF 1.936 ACRES FROM I-L TO L-O FOR MERIDIAN FIRE STATION
BY CITY OF MERIDIAN -NORTH OF FRANKLIN RD, BETWEEN 5T" AVE &
BALTIC PLACE:
Corrie: Any comments from staff?
Gigray: Mr. Mayor and members of the Council, this as the previous one there's a little
difference in the amount of acreage and again this is because the inclusion of the
Franklin Road that is part of this parcel. I would note that we will submit if you go ahead
and approve this, I'll have my staff retype this. I seethe footer still has the 1.936 on it
even though everything else has been changed for signature. If you desire or you can
note that that footer does not reference the amount and that the actual amount of
ground is referenced in the findings because that has been changed.
Corrie: Any comment from Council?
Bird: I have none.
Rountree: Mr. Mayor, on page 14 item 2.9 the first line, there's reference to section line
of Franklin Road. That should be centerline.
Corrie: Any other corrections? Okay, I'll entertain a motion on item number 12.
Bird: Mr. Mayor I move that we pass the Findings of Fact and Conclusions of Law for
the request to rezone of 2.12 acres from I-L to L-O for the Meridian Fire Station by City
of Meridian, north of Franklin Road between 5th Avenue and Baltic Place and that in the
conclusions of law, the footers be changed to 2.12 and also the change on 2.9 from
section line to center line.
Bentley: Second.
Corrie: Motion made by Mr. Bird second by Mr. Bentley to approve the Findings of Fact
and Conclusions of Law item number 12 with the corrections as stated. Any further
discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
13. FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST FOR
' VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR ROARING
SPRINGS WATER PARK BY REED BOWEN, JR.- NORTH OF OVERLAND
RD, EAST OF BLUE MARLIN LN:
• •
Meridian City Council Meeting
April 20, 1999
Page 12
Corrie: Okay, Mr. Gigray.
Gigray: Mr. Mayor and members of the Council, we have prepared an order granting
city approval of the request for this vacation. I point out and this is the first time this
type of request has come before the Council since I have been stafi'ing the City Council
meetings. In the future I think we'll try to in house note these requests as they come up.
There is a provision in the Idaho Code as referenced as you'll see in part two of the
order on page three that in my opinion requires that this applicant make application to
the Ada County Highway District because that statutes says that the vacation of
easements will be handled as street vacations and as we know in this county that's
done by the Ada County Highway District. The other code section is a reference to the
vacation procedure for streets and so on so this order is the approval. Of course it
would require the approval of the city by statute so the action that's been taken will be
helpful to the applicant, but I think their best advised that they should seek vacation
through the Ada County Highway District. If they render an opinion that they have no
jurisdiction in this matter and that the approval of the City of Meridian is all that's
necessary this order will be in place.
Corrie: Any further discussion from the Council? Hearing none, I'll entertain a motion
on the Findings of Fact and Conclusions of Law on item number 13 Roaring Springs
Water Park.
Bentley: Mr. Mayor I move that we approve the Findings of Fact and Conclusions of
Law and the Order granting approval request for vacation of the ingress and egress
utility easement by Roaring Springs.
Bird: Second.
Corrie: Motion made by Mr. Bentley second by Mr. Bird to approve the Findings of Fact
and Conclusions of Law on item number 13 by Roaring Springs Water Park. Any
further discussion?
ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. ROUNTREE, YEA. BIRD,
YEA.
MOTION CARRIED: ALL YEAS.
14. TABLED 4/6/99: ORDINANCE # --ADD ASSISTANT FIRE CHIEF:
Corrie: Mr. Clerk would you please read Ordinance number whatever it is by title only.
Berg: Mr. Mayor the Fire Chief would like to make a comment.
Bowers: Mayor Corrie and Councilmen, Bill Gigray and I have been working together
on this three or four times the last couple of weeks. We just come up with an ordinance
today and it was just put in Ron Anderson's box this afternoon. I don't think any of the
other Councilmen have seen it. We would like to table it until our next meeting.
Corrie: Okay. Thank you Kenny.
~ ~
MERIDIAN CITY COUNCIL MEETING: APRIL 20 1999
APPLICANT: ROARING SPRINGS WATER PARK AGENDA ITEM NUMBER: 13
REQUEST: VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS
AGENCY
CITY CLERK:
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 WEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
SEE ATTACHED MINUTES FROM 4/b/99
~I' ~
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
• •
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 46
L~~.~~ ITEM NO. 16: PUBLIC HEARING: REQUEST FOR VACATION OF
INGRESS/EGRESS OF UTILITIES EASEMENT FOR ROARING SPRINGS WATER
PARK BY REED BOWEN JR:
Stiles: Mr. Mayor and council this is just a clean up item on the interstate center
subdivision. They originally platted it with a loop road, a private loop road running
through the property with utility easements on each side of that loop road and now since
Roaring Springs has taken up the rest of the property this is just a clean up item to
vacate that ingress/egress and those utilities easements.
Corrie: I'll open it up to the public to issue testimony on item no. 16.
Bird: Shari there is no other-Roaring Springs owns that complete ground, there is no
other entity that owns any part of that now.
Stiles: I was just told today that they purchased the remaining eleven acres and they
will take the rest of it.
Bird: So they took it right up to the office building and to the Sandman?
Stiles: Yeah.
Bird: Okay. Shari is there any public interest in keeping the ingress/egress roadway?
Stiles: No.
Bird: Okay.
Bentley: Mr. Mayor, I move that we close the public hearing.
Bird: You don't have any more questions? Second.
Bentley: Don't pick on me.
Corrie: Motion made and seconded to close the public hearing. Further discussion?
Hearing none, all those in favor say aye.
MOTION CARRIED: All ayes.
Corrie: Further discussion and comments. Hearing none, I'll entertain a motion for the
request for vacation of the ingress/egress of the utilities easement for Roaring Springs
Water Park.
•
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 47
Bentley: Mr. Mayor I move that we approve the recommendation to vacate the
ingress/egress utility easements at Roaring Springs Water Park and instruct the city
attorney to prepare the proper documents.
Corrie: Okay, do I hear a second.
Rountree: Second.
Corrie: Motion made and seconded to approve the request for vacation of
ingress/egress of the utility easement for Roaring Springs Water Park and have the
attorney draw up the proper form. All those-any other discussion? All those in favor of
the motion say aye.
MOTION CARRIED: All ayes.
ITEM NO. 17: REQUEST FOR CONDITIONAL USE PERMIT FOR STORAGE OF
ENTERTAINMENT EQUIPMENT IN A PORTION OF THE GARAGE AND 2 TRAILERS
IN BACKYARD BY ROBIN WALKER D/B/A JUKEBOX PARTY EXPRESS-821 E.
WILLOWBROOK:
Corrie: Council you have the findings of that? What is your pleasure on the Findings of
Fact and Conclusions of Law?
Gigray: Mr. Mayor and members of the council, just for purposes of the record I would
like to draw the councils attention and the preparation of these Findings of Fact and
Conclusions of Law and Order which you have had I believe, in your packets so you
could review. We have included a Comprehensive Plan Analysis in these findings that
was not included in the recommendations from the Planning and Zoning Commission.
As these findings and conclusions are drafted and order of decision of which comports
with your action of denial, it is my opinion and you have taken notice of your own
Comprehensive Plan that there is considerable support for your action in the
Comprehensive Plan, so I have included that analysis in these findings. I just want to
make sure for the record that it reflected that the council has had an opportunity to
review that and does in fact adopt that if it should choose to do so since there wasn't
any other specific discussion other than the fact that it is included as part of the record.
Bird: Be part of the record.
Gigray: Oh yeah, I just want to draw your attention to the fact that it's there and
(Inaudible).
Corrie: Mr. Gigray is dotting all the I's and crossing all the T's.
•
MERIDIAN CITY COUNCIL MEETING: , APRIL 6 1999
APPLICANT: REED BOWEN JR. AGENDA ITEM NUMBER:
REQUEST: VACATION OF INGRESS/EGRESS 8~ UTILITIES EASEMENTS FOR ROARING SPRINGS
AGENCY
CITY CLERK:
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:
COMMENTS
SEE ATTACHED MINUTES
SEE ATTACHED RECOMMENDATION FROM P 8 Z
REVIEWED
REVIEWED
REVIEWED
~~
r/
r ~3
~i
SEE ATTACHED COMMENTS „Q,
SEE ATTACHED COMMEN
^~I^~(~
Cpl ~v I
BUREAU OF RECLAMATION:
OTHER:
'A/!/I Materials presente~rd\ _at ,public meetings shalt become property of the City of Meridian.
MERIDIAN PLANN~ AND ZONING COMMISSION
MARCH 9, 1999
PAGE 21
Rossman: It's actually 6 and 7. Six is the fencing.
De Weerd: That's the perimeter fencing.
Rossman: It relates to Lot 12, Block 5.
Borup: It would be item 6.
De Weerd: Item 6 and 7.
Rossman: Also address the drainage if you would, with the detention pond.
De Weerd: Oh, and to include the comments on the retention pond.
Borup: That that be worked out in design with the engineer.
De Weerd: Oh yeah, detention pond.
Borup: The only other question that Ihad-I realize (Inaudible) state law whether
it be appropriate to include the right to farm clause in there.
MacCoy: If you want to put that in, you have the right to do so.
Borup: I realize it maybe a little bit redundant, but it still might not be bad.
De Weerd: Yes, I would add that to my.
MacCoy: Anything else to add to that?
Smith: Second that.
MacCoy: Any discussion now? All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 8: PUBLIC HEARING: REQUEST FOR VACATION OF
INGRESS/EGRESS & UTILITIES EASEMENTS FOR ROARING SPRINGS
WATER PARK BY REED BOWEN, JR.-NORTH OF OVERLAND RD, EAST
OF BLUE MARLIN LN:
MacCoy: This is the one we have now been accustomed to seeing north of
Overland Road and east of (Inaudible). Staff?
Stiles: Chairman MacCoy, commissioners, this is part of the Interstate Center
Development. This is where Roaring Springs is being constructed right now. At
MERIDIAN PLANN~ AND ZONING COMMISSION
MARCH 9, 1999
PAGE 22
the time the subdivision was platted, there was an ingress/egress easement that
served as a private road to serve all the lots in the development and along with
that roadway there were associated utility easements and this was a condition of
their conditional use permit for Roaring Springs that prior to getting occupancy for
the project, they would have to vacate those easements. So, I don't believe the
applicant is here tonight, it's really a house keeping issue and we recommend
that you recommend it for approval and send it on to City Council.
MacCoy: Okay, Bruce do you have any comments?
Freckleton: I have nothing to add.
MacCoy: Open the public hearing, is the applicant here? No. Okay, since it's a
public hearing, is there any comment on the positive side for this? If not, how
about on the negative side? No. All right, let me ask the commissioners what do
you want to do?
De Weerd: Mr. Chairman, I move we close the public hearing.
Borup: Second.
MacCoy: All in favor?
MOTION CARRIED: All ayes.
Smith: Mr. Chairman, I would like to make a motion that we recommend
approval to City Council for the request of vacation of ingress/egress and utilities
easements for Roaring Springs Water Park.
MacCoy: Any discussion? All in favor?
MOTION CARRIED: All ayes.
ITEM NO. 9: PUBLIC HEARING: REQUEST FOR REZONE OF 0.578 ACRES
FROM R-15 & R-4 TO L-O FOR MERIDIAN FIRE STATION BY CITY OF
MERIDIAN -WEST OF NORTH TEN MILE, BETWEEN TETER & MUIRFIELD:
MacCoy: Staff?
Stiles: Chairman MacCoy, commissioners, this is for the Fire Substation site on
Ten Mile Road, the property was originally annexed as part of the Lakes at
Cherry Lane Development and had a zoning of R-15 and R-4, the request is to
rezone to L-O because that is the only zone in which a firestation or public uses
are permitted outright at the present time. I believe Bruce went to go get Kenny
• •
MERIDIAN PLANNING AND ZONING MEETING: MARCH 9 1999
APPLICANT: REED BOWEN JR ITEM NUMBER: 8
REQUEST: VACATION OF INGRESS/EGRESS 8~ UTILITIES EASEMENTS FOR ROARING SPRINGS
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY SEWER 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:
COMMENTS
REVIEWED
REVIEWED
REVIEWED
v
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
~ ~G
T ~~
~-1'
All Materials presented at public meetings shall become property of the City of Meridian.
~-~- ~ ~
BEFORE THE PLANNING AND ZONING COMMISSIO
REcE"~D
APR 0 1 1999
City of Meridian.
City Clerk C~fl'ic~^
In the Matter of the REQUEST ) Case No. VAC-99-00 -
FOR VACATION OF )
INGRESS/EGRESS AND ) RECOMMENDATION TO CITY
UTILITIES EASEMENTS FOR ) COUNCIL
ROARING SPRINGS )
SUBDIVISION BY REED )
BOWEN, JR. )
INTRODUCTION
1. The property is referred to as the Roaring Springs Water Park
development and is generally located north of Overland Road and east of Blue Marlin
Lane in Meridian, Idaho.
2. The owner of record of the subject property is W. H. Moore Co. of P.O.
Box 8204, Boise, Idaho.
3. The Applicant is Roaring Springs Water Park of 680 S. Progress Ave.
Ste. 1, Meridian, Idaho.
4. The subject property is part of the Interstate Center Development and is
currently undergoing construction for a water park.
5. The Applicant filed a written request for vacation of easements.
6. The Applicant proposed the following: Vacation of a reciprocal
ingress/egress and utility easement situated in the portion of West King
Salmon Lane.
RECOMMENDATION TO CITY COUNCIL - 1
VACATION OF INGRESS/EGRESS AND UTILITIES EASEMENTS -
ROARING SPRINGS WATER PARK -REED BOWEN JR.
~ ~
7. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
8. The subject property is included within the Meridian Urban Service
Planning Area as the Urban Service Planning Area is defined in the Meridian
Comprehensive Plan.
9. Vacation of the ingress/egress and utilities easement is a condition of
Roaring Springs Conditional Use Permit prior to receiving occupancy for the water
park project.
14. There are no significant or scenic features of major importance that
affect. the consideration of this application.
RECOMMENDATION
1. The Meridian Planning and Zoning Commission hereby recommends to
the City Council of the City of Meridian that they approve the request for vacation
of ingress/egress and utilities easement for Roaring Springs Water Park.
EY/L:\Work\M\Meridian 15360M\Roaring Springs\Vacation.Rec
RECOMMENDATION TO CITY COUNCIL - 2
VACATION OF INGRESS/EGRESS AND UTILITIES EASEMENTS -
ROARING SPRINGS WATER PARK -REED BOWEN JR.
** TX CONFIRMA~ REPORT **
AS OF APR 01 '99 16 48 PAGE.01
CITY OF MERIDIAN
15
DATE TIME TO/FROM
04/01 164? 208 884 40??
MODE MIN/SEC PGS CMDtt STATUS
EC--S 00'45" 003 213 OK
Memo
To: ~~ ~~ Fax #:
From: City
Re: VLiC
Planning and Zoning Commission on the above t~eferenced application. Please note
this matter will be heard before the City Counal on the ~ day of ,~,
1999.
The City Counal request that you be prepared at the hearing th speafically
address the Recommerxlations ofthe Planning and Zoning Commission. If you
disagree with those recommendations, please state which ones and the reasons. If
you propose any additional recommendations, conditions, etc., please prepare your
recommendations in writing so you may submit the same to the Ciiy Counal at the
hearing.
The Counal appreciates your attention th this n~uest. It will assure that the
Counal has the benefit of understanding your position in this matter and it will help
limit the need for testimony.
Please find endosed a copy of the Recommendation to the City Counal of the
** TX CONFIRMA~ REPORT **
AS OF APR 01 '99 16 49 PAGE.01
CITY OF MERIDIAN
16
DATE TIME TOiFROM
04101 16 48 887 7781
Memo
Ta
Fromm: City
Re: VLtf_
Planning and Zoning Commission on the above referenced application. Please note
this matter will be heard before the City Council on the ~ day of_,
1999.
The City Counal request that you be prepared at the hearing to speafically
address the Recommendations of the Planning and Zoning Commission. If you
disagree with those recommendations, please state which ones and the reasons. If
you propose any additional recommendations, conditions, etc., please prepare your
recommendations in writing so you may submit the same to the Ciiy Counal at the
hearing.
The Council appreaates your attention to this request It will assure that the
Counal has the benefit of understanding your position in this matter and it will help
MODE MINiSEC PGS CMDq STATUS
EC--S 01'11" 003 214 OK
limit the need for testimony.
Please find enclosed a ropy of the Recommendation to the City Council of the
•
HUB OF TREASURE VALLEY
Mayor
ROBERT D. CORRIE
A Good Place to Live LEGAL DEPARTMENT
B
Council M
b CITY OF MERIDIAN
em
ers PUBLIC
WORKS
CHARLES ROUNTREE 33 EAST IDAHO BUILDING DEPARTMENT
GLENN BENTLEY MERIDIAN, IDAHO 83642 (208) 887 ~`~ 11
RON ANDERSON Phone (208) 888-4433 • Fax (208) 88 ~ ~ " I~NN[NG AND ZONING
KEITH BIRD V DEPARTMENT
FEB 1 ~ 1999 (208) 884-5533
City' "~ i~'i~ridian
pity 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 and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999
TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999
FILE NUMBER: VAC-99-001
REQUEST: VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR
ROARING SPRINGS WATER PARK
BY: REED BOWEN. JR.
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, EAST OF
BLUE MARLIN LN
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, 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 TRANSPORTA ION DEPARTMENT
ADA COUNTY (ANNE~TI~
YOUR CONCISE REMAR
HUB OF TREASURE VALLEY •
Mayor A Good Place to Live
ROBERT D. CORRIE
Council Members 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)884-4364
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
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 and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2. 1999
TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9. 1999
FILE NUMBER: VAC-99-001
REQUEST: VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR
ROARING SPRINGS WATER PARK
BY: REED BOWEN. JR.
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, EAST OF
BLUE MARLIN LN
TAMMY DE WEERD P/Z
MALCOLM MACCOY, P/Z
MARK NELSON, 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
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: ~ "' `~
CITY ENGINEER i s w ~G~ N[9 •~ ~ _
CITY PLANNER ~ ~ ~
l~-- ~,; r f.,-~- ~
~~~~
HUB OF TREASURE VALLE
Mayor
ROBERT D. CORRIE A Good Place to Live
Council Members CITY OF MERIDIAN
CHARLES ROUNTREE 33 EAST IDAHO
GLENN BENTLEY MERIDIAN, IDAHO 83642
RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813
KEITH B[RD
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILD[NG DEPARTMENT
(208)887-2211
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 and Zoning Commission, please submit your comments and recommendations
to Meridian City Hall, Attn: Will Berg, City Clerk by: March 2, 1999
TRANSMITTAL DATE: February 8, 1999 HEARING DATE: March 9, 1999
FILE NUMBER: VAC-99-001
REQUEST: VACATION OF INGRESS/EGRESS & UTILITIES EASEMENTS FOR
ROARING SPRINGS WATER PARK
BY: REED BOWEN. JR.
LOCATION OF PROPERTY OR PROJECT: NORTH OF OVERLAND RD, EAST OF
BLUE MARLIN LN
_ TAMMY DE WEERD P/Z MERIDIAN SCHOOL DISTRICT
MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT)
MARK NELSON, P/Z
BYRON SMITH, P2
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
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 8~ FINAL)
IDAHO TRANSPORTATION DEPARTMENT
ADA COUNTY (AN~N~EXATION)
YOUR CONCISE REMARKS: ~/UTJ ~~~y~~
REc,F~v~,D
`DEB ` 9 1999
CITY OF MERIDIAN
CENTRAL CE
•• DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
Preliminary /Final /Short Plat
Return to:
^ Boise
^ Eagle
^ Garden City
Meridian
^ Kuna
^ Acz
I. We have No Objections to this Proposal.
F E B 1 8 1999
^ 2. We recommend Denial of this Proposal ,.x-~ ~~ r,. ; . T
CITY (~F i~~;~:~~~iu~'~
^ 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 receiving ground waters and/or
surface waters.
^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and
water availability.
^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for:
^ central sewage ^ community sewage system ^ community water well
^ interim sewage ^ central water
^ individual sewage ^ individual water
^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare,
Division of Environmental Quality:
^ central sewage ^ community sewage system ^ community water
^ sewage dry lines ^ central water
^ 10. 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 be 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.
DISTRICT HEALTH DEPARTMENT
Environmental Health Division
Date: ~ / ~az /~
Reviewed By: ~
CDND 10/91 rc6, rcv. 7/91 Review Sheet
i ~ Ec~~~:~v~ ,
:~ -~.~
FEB 2 5 1999
CITY OF :~IEItII}xA.`~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
18 February 1999
City of Meridian
Planning & Zoning Commission
33 Fast Idaho
Meridian, ID 83642
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: Roaring Springs Water Park/Ingress and Egress Utilities Easements
Dear Commissioners:
The Nampa & A+I~ridian Irrigation District has pressure irrigation lines within this project. As
of today, the 'District has not seen final construction plans nor has a Land Use Change
application been filed for the above mentioned project. The District will reserve its' comments
until the final plat can be reviewed.
If you have any questions, please feel free to contact me.
Sincerely,
~~-~~~
Bison, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH:dln
cc: File
Each Director
Secretary-Treasurer
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
FE B 2 5 1999
CITY OF ~IERIDI~'V
~~~~a
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
16 February 1999
Will Berg, City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: Vacation of Ingress/Egress & Utilities Easements for ROARING SPRINGS WATER
PARK
Dear Commissioners:
The Nampa & Meridian Irrigation District has pressure and gravity flow irrigation lines within
this project. The District has no approval plans to date which are necessary to ensure that all
of the District's easements are protected.
Sincerely,
Bill Henson, Asst. Water Superintendent
NAMPA & MERIDIAN IRRIGATION DISTRICT
BH: dln
cc: File -Office
File -Shop
Water Superintendent
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
Apri15, 1999
C~
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
Will Berg, City Clerk
City OF Meridian
33 East Idaho
Meridian, ID 83642
Re: Roariag 8priags Water Park
Dear Mr. Berg:
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
~EcErvED
APR - 7 1999
cis or ~xIDiJ~ti
The application to vacate a utilities easement at the above mentioned
project must be put on hold until the Nampa 8a Meridian Irrigation
District can start up the pump station to determine if the mainline has
been damaged in the construction of this project.
We have the plans in review and they have not been approved as of this
time.. The Nampa 8a Meridian Irrigation District has some unanswered
questions concerning this project; therefore, we cannot vacate our
easement for the mainline until we have new one in place.
Sincerely,
ill Henson, Asst. Water Su rintendent
Pe
NAMPA 8s MERIDIAN IRRIGATION DISTRICT
BH:dln
Cc: File
Each Director
Secretary-Treasurer
Water Superintendent
PUIS -Bill Child
Laura Burri
Pinnacle Engineers -John Carpenter
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
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 Council0 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 Apri16, 1999, for the purpose of reviewing and considering the
application of Reed Bowen, Jr. /Roaring Springs Water Park for a vacation of
ingress/egress and utilities easements, which is generally located north of Overland
Road and east of Blue Marlin Lane.
A more 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 be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 15"' day of March, 1999.
IL IAM G. BERG, JR., C RK
PUBLISH March 17 and 31, 1999. ,~,~~`;~~ ~ ~;,~,~
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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 Planning and Zoning Commission 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 7:00 p.m. on March 9, 1999, for the purpose of reviewing
and considering the application of Reed Bo~-ven, Jr. /Roaring Springs Water Park for a
vacation of ingress/egress and utilities easements, which is generally located north of
Overland Road and east of Blue Marlin Lane.
A more 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 be heard at said public hearing and the public is welcome and invited to
submit testimony.
DATED this 10th of February 1999.
WILLIAM G. BERG, J ., C CLERK
PUBLISH February 17 & March 3, 1999.
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