HomeMy WebLinkAboutDove Meadows AZ 99-021OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART. Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L.' BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman - Planning & Zoning
F L j 2 1199-5
CITY OF MERIDIAN
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 recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995
TRANSMITTAL DATE: 2/21/95 HEARING DATE- 3/14/95
REQUEST: Annexation and Zoning of Dixie Lane
BY: D.W., Inc.
LOCATION OF PROPERTY OR PROJECT- East of Mirage Meadows Subdivision}
South of Kearney Place Subdivision, North of Dove Meadows Subdivision
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, 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 PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
Np, C p ° Y
A,)AL
APR 1I,%4
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FREDRIC V. SHOEMAKER JLC J �V�RRO
COSHO, HUMPHREY, GREENER Sr WEL ff ;WAROS s
Attorneys at Law9D0%'��
815 West Washington Street*
CarnegieLibrary Building'" -
Boise, Idaho 83702
Telephone: (208) 344-7811
Attorneys for Plaintiffs
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
GORDON R. WOOD and MARGARET M. )
WOOD, husband and wife, DAN )
WOOD, an individual, NORMAN R. )
BARKER and DONNA D. BARKER, )
husband and wife, and ALBERT E.)
MONROE and MAXINE M. MONROE, )
husband and wife, )
Plaintiffs, )
vs. )
PHYLLIS R. AKERSTROM, an )
individual, RICHARD T. )
AKERSTROM, an individual, )
IDAHO POWER COMPANY, )
an Idaho corporation, )
and JOHN DOES 1-4, being the )
unknown heirs of John Post )
and Florilla E. Post, )
Defendants. )
Case No. 97221
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND JUDGMENT
THIS MATTER having come regularly before the Court on this
II day of April, 1994, upon application of the Plaintiffs and
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 1.
FVS/slr/04/04;9;;woodFindings))6928-02)
Plaintiffs' counsel, and based upon the verified Complaint, the
Affidavit of Fredric V. Shoemaker, Affidavit of Chuck Smith, the
Affidavit of Publication and proof of service, the Court FINDS,
CONCLUDES, ORDERS AND ADJUDGES as follows:
I.
Plaintiffs in this action are Gordon R. Wood and Margaret
M. Wood, husband and wife, Dan Wood, an individual, Norman R.
Barker and Donna D. Barker, husband and wife, and Albert E.
Monroe and Maxine M. Monroe, husband and wife, sometimes
hereinafter referred to as "Plaintiffs". Defendants are Phyllis
R. Akerstrom, an individual, and Richard T. Akerstrom, an
individual, sometimes collectively referred to herein as
"Akerstroms", Idaho Power Company, an Idaho corporation, and the
unknown heirs of John Post and Florilla E. Post, husband and
wife, now deceased.
II.
On November 3, 1993, a verified Complaint to Quiet Title
was filed by Plaintiffs against the Akerstroms, Idaho Power
Company, and the unknown heirs of John Post and Florilla E. Post,
both deceased, for the purposes of quieting title to certain
lands and rights thereto for certain property located in Ada
County, Idaho, commonly known as a portion of "North Dixie Lane",
together with certain property immediately abutting a portion of
North Dixie Lane to the west.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 2.
FV3/slr!04/04/94)WoodFindin s)(6928-02)
III.
Although not a party to this action, the Ada County Highway
District, a political subdivision of the State of Idaho has,
through the Affidavit filed by Chuck Smith, its Senior Right -of -
Way Agent, dated October 5, 1993, confirmed the status of North
Dixie Lane as a private roadway, which Affidavit also expresses
that the Ada County Highway District has no interest or claim to
any portion of North Dixie Lane.
IV.
From the files in this matter, it appears that Defendant
Richard T. Akerstrom was served with a Summons and Complaint on
November 4, 1993 and Phyllis R. Akerstrom was served with a
Summons and Complaint on November 10, 1993. Defendant Idaho
Power Company was served, pursuant to an Acceptance of Service
dated November 8, 1993.
M
The Defendants Akerstroms, their attorney, Plaintiffs, and
their attorney, have entered into and have filed with this Court
a Stipulation regarding Richard T. Akerstrom and Phyllis R.
Akerstrom parcel dated February 28, 1994, which the Court has
reviewed and which sets forth the respective rights and
responsibilities of the Plaintiffs and the Akerstroms with
respect to North Dixie Lane and the property abutting North Dixie
Lane to the west.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 3.
FVS/slr/04/04/94(WoodFindings)(6928-02)
VI.
Based upon the Affidavit of counsel and the verified
Complaint, this Court signed an Order for Service by Publication
dated February 4, 1994, authorizing service by publication upon
the heirs of John Post and Florilla E. Post, husband and wife,
now deceased, and it appearing from the files and records in this
proceeding that said heirs were duly and lawfully served by
publication in the Idaho Statesman for four (4) consecutive weeks
beginning with February 12, 1994 and ending on March 5, 1994, and
no answer or other responsive pleading has been presented to or
filed with this Court, the relief sought in Plaintiffs' Complaint
as against these Defendants should be granted.
VII.
Plaintiffs Gordon R. Wood and Margaret M. Wood, husband and
wife, and Dan Wood (collectively "Woods"), are residents of the
County of Ada and own the real property described in Exhibit "A"
hereto (the "Wood Parcel").
VIII.
Plaintiffs Norman R. Barker and Donna D. Barker, husband
and wife ('Barkers"), own the real property described in Exhibit
"B" hereto (the "Barker Parcel").
IX.
Plaintiffs Albert E. Monroe and Maxine M. Monroe, husband
and wife ("Barkers"), own the real property described in Exhibit
"C" hereto (the "Monroe Parcel").
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 4.
11
X.
Defendants Akerstroms are residents of the County of Ada
and own the real property described in Exhibit "D" hereto,
hereinafter referred to as the "Akerstrom Parcel".
XI.
The Plaintiffs claim no interest and have no interest to or
in the Akerstrom Parcel.
XII.
North Dixie Lane is located in the South 1/2 of the
Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3
North, Range 1 East of the Boise Meridian, Ada County, Idaho, and
is legally described as follows:
A strip of land 20 feet wide, being the West
20 feet of the South 1/2 of the Northeast 1/4
of the Southwest 1/4 of Section 5, Township 3
North, Range 1 East of the Boise Meridian,
Ada County, Idaho.
A portion of North Dixie Lane abuts the Akerstrom Parcel
immediately to the west and is legally described as follows:
Commencing at the Southwest corner of the
Northeast 1/4, Southwest 1/4, Section 5,
Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho;
thence North 145 feet;
thence East 20 feet;
thence South 145 feet;
thence West 20 feet to the POINT OF
BEGINNING.
This portion of North Dixie Lane is referred to in the
Stipulation and shall be referred to herein as the Akerstrom
Access.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 5.
vy^ slr/04/04 4(woedFindings)(6928-02)
XIII.
Plaintiffs own in fee simple and are entitled to the quiet
and peaceful possession of North Dixie Lane by virtue of a Deed
dated March 17, 1908, recorded March 18, 1908, as Instrument No.
19088, recorded in Volume 70, at page 158, records of Ada County,
Idaho, and the Stipulation dated February 28, 1993, subject
however to the following:
(a) A permanent and perpetual easement hereby granted unto
the Akerstroms, their successors and assigns, for the quiet,
peaceful and non-exclusive use of the Akerstrom Access for
purposes of pedestrian and vehicular access to the Akerstrom
Parcel, as same may be necessary and reasonable to provide access
to a public right-of-way through other lands not owned by any
party to this litigation, but which the Court having taken
judicial notice, constitutes an extension of Dixie Lane to the
south, which runs generally in a southerly direction, having as
its northerly terminus the southerly terminus of North Dixie Lane
and as its southerly terminus the Fairivew Avenue public right-
of-way. Said lands, referred to herein as South Dixie Lane and
the ownership thereof, was not the subject matter of Plaintiffs'
Complaint and is not the subject matter of this Judgment; and
(b) The rights of Idaho Power Company as the grantee and
beneficiary by reason of an easement recorded for its benefit as
Instrument No. 168008 on February 17, 1936, and an easement
recorded as Instrument No. 156390, recorded on March 29, 1934,
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 6.
0
under authority of which Defendant Idaho Power Company has
installed poles, lines and other electrical apparatus pursuant to
those easements and to which easements and rights thereunder
Plaintiffs and Akerstroms are subject and subordinate to.
XIV.
Plaintiffs shall not interfere with Akerstroms, their
successors or assigns, in respect to their peaceful and quiet use
of the Akerstrom Parcel and the Akerstrom Access for purposes of
providing pedestrian and vehicular access to the Akerstrom Parcel
for residential purposes.
John Post and Florilla E. Post, husband and wife, now
deceased, were the last persons having an express recorded
grantee's interest in the following described real property,
sometimes referred to herein as the "Ten Foot Strip", which
immediately abuts and adjoins North Dixie Lane and the Akerstrom
Access to the west:
A strip of land ten feet wide, being the East
ten feet of the South Quarter of the
Northwest Quarter of the Southwest Quarter of
Section 5, Township 3 North, Range 1 East of
the Boise Meridian, Ada County, Idaho.
XVI.
Based upon the Stipulation and the verified Complaint,
Plaintiffs are the owners in fee simple and are entitled to the
quiet and peaceful possession of the Ten Foot Strip by reason of
their succession to the interest of Plaintiffs Woods, together
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 7.
S!slr;O4/09/941WoodFindings)(6928-02)
with Woods' predecessors -in -interest, who have had the exclusive,
complete, actual, open notorious, hostile and continuous
possession of the Ten Foot Strip adverse to the unknown heirs of
John Post and Florilla E. Post, husband and wife, now deceased,
and all other parties and persons for the requisite statutory
period, to wit: five (5) years.
XVII.
Plaintiffs are entitled to judgment against Defendants,
Idaho Power Company, Akerstroms, and the unknown heirs of John
Post and Florilla E. Post, husband and wife, now deceased,
subject to those Defendants' respective rights and easements as
set forth hereinabove, and each party shall bear their respective
costs and attorneys fees, except that the cost of recording this
Judgment shall be borne by Plaintiffs.
XVIII.
The foregoing constitutes this Court's Findings of Fact,
Conclusions of Law, and Judgment quieting title.
IT IS SO ORDERED, ADJUDGED AND DECREED.
DATED this day of April, 1994.
Q. D. CAREV
Honorable George D. Carey
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Pa e 8.
A parcel of land being a portion of the N 1/2ofthe
e Nar1/4 sWr1/4 of
Section 5, T.3N., R.1E., B.M., Ada County, Idaho, mP
ly
described as follows:
Beginning at a brass cap marking the Northwest corner of the SW 1/4 of
said Section 5;
thence South 89°38'58" East 1326.59 feet along the Northerly boundary of
said SW 1/4 to an iron pipe marking the Northwest corner of the NE 1/4 SW 1/4
of said Section 5;
thence South 00026'55" West 403.74 feet along the Westerly boundary of
said NE 1/4 SW 1/4 to an iron pin, said point being the REAL POINT OF
BEGINNING;
thence continuing South 0126155" West 254.51 feet along the Westerly
boundary of said NE 1/4 SW 1/4 to an iron pin, making the SW corner NW 1/4 NE
1/4 SW 1/4 of said Section 5;
thence South 89144'00" East 270.00 feet along the Southerly boundary of
said N 1/2 NE 1/4 SW 1/4 Section 5 to an iron pin;
thence leaving said Southerly boundary North 0026'55" East 253.65 feet
along the Westerly boundary of proposed Kearney Place Subdivision to an iron
pin;
thence North 89133'05" West 270.00 feet along the Southerly boundary of
said proposed Kearney Place Subdivision to the point of beginning, comprising
of 1.57 acres more or less.
EXHIBIT
A
w
s A
THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF T1IE SOUTHWEST
QUARTER, OF SECTION 5, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M.,
ADA COUNTY, STATE OF IDAHO.
EXCEPT,THEREFROM: THE SOUTH 145 FEET OF THE WEST 300 FEET;
ALSO EXCEPT THEREFROM: THE WEST 20 FEET.
ALSO EXCEPT THEREFROM:
PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 5,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE:-MERIDIAN, ADA COUNTY, IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE S 1/4 CORNER OF SECTION 5, TOWNSHIP 3 NORTH, RANGE
1 EAST, BOISE -MERIDIAN, ADA COUNTY; THENCE
NORTH 26'50" EAST, ALONG THE CENTER SI:C'TION LINL•: 1007.08 DEET TO A
STEEL PIN, THE REAL POINT U1' BEGINNING;; 'l'llLNCE
NORTH 26'50" EAST, 165.00 FEET; THENCE
NORTH 89 DEGREES 42' 10" WEST, 1306.42 THENCE
SOUTH 26'30" WEST, 165.00 FELT; THENCE
SOUTH 89 DEGREES 42'10" EAST, l:l(1(, . 4l Fl:"E'T TO THE REAL POINT OF
BEGINNING.
EXHIBIT
Q
Part of the S 1/2 of the NE 1/4 of the SW 1/4 of Section
5, Township 3 North, Range 1 East, Boise -Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the S 1/4 corner of Section 5, Township 3
North, Range 1 East, Boise -Meridian, Ada County; thence
North 26150" East, along the center section line 1807.08
feet to a steel pin, the real point of beginning; thence
North 26150" East, 165.00 feet; thence
North 890 42110" West, 1306.42 feet; thence
South 26130" West, 165.00 feet; thence
South 890 42110" East, 1306.41 feet to the real point of
beginning.
Excluding therefrom the following described real proper-
ty, to -wit:
A parcel of land being a portion of the S 1/2 of the NE
1/4 of the SW 1/4 of Section 5, Township 3 North, Range
1 East, Boise -Meridian, Ada County, Idaho, and more
particularly described as follows:
Beginning at -a brass cap marking the Northwest corner of
said SW 1/4; thence along the Northerly boundary of said
SW 1/4 South 890 38158" East 1326.59 feet to the North-
west corner of said NE 1/4 of -the SE 1/4;
Thence along the Westerly boundary of said NE 1/4 S14 1/4
South 0026155" West 658.25 feet to the Northwest corner
of said S 1/2 NE 1/4 SW 1/4;
Thence along the Northerly boundary of said.S 1/2 NE 1/4
SW 1/4 South 89044100" East 20.00 feet to the real point
of beginning;
Thence continuing along said Northerly boundary of the
S 1/2 NE 1/4 SW 1/4 South 89°44'00" East 66.54 feet;
'Whence leaving said Northerly boundary of said S 1/2
NE 1/4 S;4 1/4 South 24018117" East 115.14 feet to a point
of curve;
Thence along a curve to the left 65.36 feet, said curve
having an interior angle of 7201'0711, a radius of 52.00
feet and a long chord bearing of South 29°41110" west
( 61.14 feet;
EXHIBIT
C
Thence North 89032140" West 84.`88 feet to a point lying
20.00 feet Easterly of the Westerly boundary of said
S 1/2 NE 1/4 SW 1/4;
Thence parallel to and 20.00 feet Easterly from said
Westerly boundary of said S 1/2 NE 1/4 SW 1/4 North
0026155" East 157.69 feet to the point of beginning of
the above described parcel, comprising -0.33 acres, more
or less.
Subject to all existing easements and rights-of-way of
record or appearing on the above described parcel of
land.
EXHIBIT "D"
A portion of the Northeast Quarter of the Southwest Quarter, Section 5, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the SW corner of the NE 1/4, SW 1/4, Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145.00 feet; thence
East 300.00 feet; thence South 145.00 feet; thence West 300.00 feet to the POINT OF
BEGINNING; except, however, the West 20.00 feet.
Engineers Surveyors Planners
Date:
Prepared By:
Owners:
r.
WINGATE ANNEXATION NARRATIVE
February 15, 1995
Gary A. Lee, P.E./L.S.
J -U -B ENGINEERS, Inc.
Boise, Idaho
Albert E. and Maxine M. Monroe
Norman R. and Donna D. Barker
Gordon R. and Margaret M. Wood
Dan Wood
Developer: D.W., Inc.
Dan Wood, President
I. DEVELOPMENT LOCATION
The Monroe/Barker/Wood property is located in a portion of the
S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3
North, Range 1 East, B.M., Ada County, Idaho. The site is
also known as Dixie Lane. More particularly, the project lies
east of Mirage Meadows Subdivision, south of Kearney Place
Subdivision and north of the proposed Dove Meadows
Subdivision (Dave Leader Property).
II. SITE DESCRIPTION
Currently, the site is comprised of approximately 0.40 acres
of private road. The land is generally flat with small
irrigation ditches adjacent to it.
At this time, the property is adjacent to the City of Meridian
corporate limits on all sides. The present zoning of the site
is RT within Ada County.
III. PROPOSED DEVELOPMENT
The developer plans to request a re -zone of the property to
residential R-8. This 0.40 acres will be combined with the
presently approved Wingate Park Subdivision. The adjacent
lots in this subdivision will be altered slightly to include
the additional 20 to 30 feet of what is now Dixie Lane.
rJ-U-B,i
Engineers Surveyors Planners
Wingate Annexation Narrative
February 15, 1995
Page 2
This development and zoning (R-8) are desirable at this
location. The property is situated next to R-8 zoning to the
north, west and east. In addition, R-8 zoning is planned for
the proposed Dove Meadows Subdivision to the south. There are
other residential developments in the area that make an R-8
zone desirable. In addition, the annexation will eliminate an
existing enclave.
This zoning request and annexation will comply with the
Meridian Comprehensive Plan.
IV. PROPOSED IMPROVEMENTS
A. Sanitary Sewer System:
There is an existing public sanitary sewer system on East
Oakcrest Drive to the west of the site. This system is
operated and maintained by the City of Meridian. This
development will extend the existing sanitary sewer service
into Wingate Park Subdivision.
B. Domestic Water System:
It is anticipated that domestic water and fire flows will be
supplied by the City of Meridian through the extension of an
existing water system located on East Oakcrest Drive.
The annexation of this 20 to 30 -foot strip of land will allow
the extension of public water from East Oakcrest Drive into
Wingate Park Subdivision.
17 1 12
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18 CHATEAU g
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28
27
N.
NW CORNER S 1/2
NE 1/4SW 1/4
SEC. 5, T. 3N., R. 1 E., B.M.
FND. 5/8" I.P. W/PLASTIC
CAP, P.L.S. 972
S89' 44' 00" E WOOD
20.00' PROPERTY
C� SCALE: 1 " =100'
MEADOWS < 26
g 10 N
EAST NO. 2 Z
E. MEADOW WOOD ST.
21Y I 22
22
MONROE
PROPERTY
BARKER
PROPERTY
o Z
MIRAGE CL
21 25 N W
W rn
X_
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20 1 26 W
MEADOWS Z
LoN
E. OAKCREST DR. o
z
SUBDIVISION AKER SROM
PROPERTY
4 5 6 7
N89' 48' 59" W N89' 48' 59" W
10.00' 20.00' DAVE LEADER PROPERTY
(FUTURE DOVE MEADOWS SUED.)
AVEST LIMITED PARTNERSHIP SSW CORNER S 1/2
PROPERTY NF 1 /4 SW 1 /4
SEC. 5, T. 3N., RIE., B.M.
FND. 5/8" I.P. W/PLASTIC
CAP, P.L.S. 4347
® ANNEXATTION AREA
WINGATE ANNEXATION MAP
1R07Q
ACF OWG. WNANNEX
25 W
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23
O
24 z
89' 50' 22" E
10.00'
..
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23
W
24
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W
MONROE
PROPERTY
BARKER
PROPERTY
o Z
MIRAGE CL
21 25 N W
W rn
X_
t F0
20 1 26 W
MEADOWS Z
LoN
E. OAKCREST DR. o
z
SUBDIVISION AKER SROM
PROPERTY
4 5 6 7
N89' 48' 59" W N89' 48' 59" W
10.00' 20.00' DAVE LEADER PROPERTY
(FUTURE DOVE MEADOWS SUED.)
AVEST LIMITED PARTNERSHIP SSW CORNER S 1/2
PROPERTY NF 1 /4 SW 1 /4
SEC. 5, T. 3N., RIE., B.M.
FND. 5/8" I.P. W/PLASTIC
CAP, P.L.S. 4347
® ANNEXATTION AREA
WINGATE ANNEXATION MAP
1R07Q
ACF OWG. WNANNEX
rJ-U-B�
Engineers Surveyors Planners
Project: 18929
Date: February 10, 1995
DESCRIPTION FOR WINGATE ANNEXATION
PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4
and
PART OF THE NW 1/4 OF THE SW 1/4
SECTION 5, T.3N., R.1E., B.M., ADA COUNTY, IDAHO
A parcel of land being situated in a portion of the S 1/2 of the NE 1/4 of the
SW 1/4 AND a portion of the NW 1/4 of the SW 1/4 of Section 5, T.3N., R.1E., B.M.,
Ada County, Idaho, being more particularly described as follows:
Beginning at a brass cap marking the Northwest corner of said SW 1/4;
thence along the Northerly boundary of said SW 1/4 South 89038158" East
1,326.59 feet to the Northwest corner of said NE 1/4 of the SW 1/4;
thence along the Westerly boundary of said NE 1/4 of the SW 1/4 South 0026154"
West 658.25 feet to the Northwest corner of said S 1/2 of the NE 1/4 of the SW 1/4,
said point being the REAL POINT OF BEGINNING:
thence along the Northerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4
South 89044100" East 20.00 feet;
thence along a line being parallel to and 20.00 feet Easterly from the
Westerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 0026'54" West
658.21 feet to a point on the Southerly boundary of said S 1/2 of the NE 1/4 of the
SW 1/4;
thence along said Southerly boundary North 89048'59" West 20.00 feet to the
Southwest corner of said S 1/2 of the NE 1/4 of the SW 1/4;
thence along the Southerly boundary of the NW 1/4 of the SW 1/4 of said
Section 5, North 89048159" West, 10.00 feet to the Southeast corner of Mirage
Meadows Subdivision as filed for record in the office of the Ada County Recorder,
Boise, Idaho, in Book 57 of Plats at pages 5394 and 5395;
thence along the Easterly boundary of said Mirage Meadows Subdivision, North
00026'54" E, 403.92 feet to the Northeast corner of said Mirage Meadows Subdivision,
said point being on the Southerly boundary line of Chateau Meadows East Subdivision
No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in
Book 58 of Plats at pages 5457 and 5458;
thence along the Southerly boundary of said Chateau Meadows East Subdivision
No. 2, North 89050'22" East, 10.00 feet to the Southeast corner of said Chateau
Meadows East Subdivision, said point being situated on the Westerly line of said
S 1/2 of the NE 1/4 of the SW 1/4;
thence along the Westerly boundary line of said S 1/2 of the NE 1/4 of the
SW 1/4 North 00026'54" East, 254.26 feet to the REAL POINT OF BEGINNING, comprising
0.395 acres, more or less.
f -J -U -B,
Engineers Surveyors Planners
SUBJECT T0:
Description for Wingate Annexation
February 10, 1995
Page 2
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
Prepared by:
J -U -B ENGINEERS, Inc.
3,26Vr
cT8 OF
'ANY AA
GAL:ls Gary A. Lee, P.E./L.S.
ANNEXATION/ZONING REQUEST AFFIDAVIT
I, Dan Wood, do hereby certify that I am the record owner of the land described as the "Wingate
Annexation" in an application for Annexation & Zoning and a Preliminary Plat Application being
submitted to the City of Meridian for consideration.
I further state that I hereby officially request annexation of said property into the Corporate City
Limits of the City of Meridian, Idaho.
I also acknowledge that I will be responsible for the payment of all costs incurred by the City in
processing the Variance Application, the Annexation/Zoning Application and the Preliminary Plat
Application including city engineering costs, publication costs, and attorney's costs and fees.
In addition, I hereby state and certify that the subject property will be posted one week before the
public hearing stating that the above-mentioned applications with the City of Meridian have been
made. b
Dated this a day of �6� 1995.
By.
Dan Wood
STATE OF IDAHO )
ss.
County of Ada )
ON THIS day of
said State, personally appear,
191?6�, before me a notary public in and for
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My Notary Commission Expires
My Notary Bond Expires , 19_
1417 L�2_'
Notao Public for Idaho
Residing at ,wj � , Idaho
ANNEXATION/ZONING REQUEST AFFIDAVIT
We, Albert E. and Maxine M. Monroe, husband and wife, do hereby certify that we are record
owners of a part of the land described as the Wingate Annexation in an application for
Annexation & Zoning Application being submitted to the City of Meridian for consideration.
We further state that we hereby officially request annexation of said property into the Corporate
City Limits of the City of Meridian, Idaho.
In addition, we hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the City of Meridian have
been made.
Dated this % day of 1995.
P_
Albert E. Monroe
STATE OF IDAHO )
ss.
County of Ada )
ON THIS day of `'
said State, personally appeared
19 q5 , before me a notary public in and for
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Notary Commission Expires 91.V�g.5
My Notary Bond Expires
Notai/v Public for Idaho
Residing at . �,,,,; , Idaho
, 19_.
A_�, '^
ANNEXATION/ZONING REQUEST AFFIDAVIT
We, Norman R. and Donna D. Barker, husband and wife, do hereby certify that we are record
owners of a part of the land described as the "Wingate Annexation" in an application for
Annexation & Zoning Application being submitted to the City of Meridian for consideration.
We further state that we hereby officially request annexation of said property into the Corporate
City Limits of the City of Meridian, Idaho.
In addition, we hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the City of Meridian have
been made.
Dated this
Norman R. Barker
Donna D. Barker
STATE OF
County of
31 st
California
Amador
) ss.
day of January , 1995.
ON THIS 31 stday of January , 19 95 , before me a notary public in and for
said State, personally appeared Norman R. Barker and Donna D. Barker
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that thev executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Notary Commission Expires
My Notary Bokd Expires
Notary
Residing at
October 10, 1995
October 10, 1995 .19 .
Yq** California
Jackson
California
• OFFICIAL SERI
CAROLLE FLORES
Notary Public -CO Mrrdo
r� Amada COU
NY
My CommisilonX9 08
• ,.,,..,• October 10, 1995
ANNEXATION/ZONING REQUEST AFFIDAVIT
We, Gordon R. and Margaret M. Wood, husband and wife, do hereby certify that we are the
record owners of the land described as the "Wingate Annexation" in an application for
Annexation & Zoning and a Preliminary Plat Application being submitted to the City of Meridian
for consideration.
We further state that we hereby officially request annexation of said property into the Corporate
City Limits of the City of Meridian, Idaho.
We also acknowledge that we will be responsible for the payment of all costs incurred by the City
in processing the Variance Application, the Annexation/Zoning Application and the Preliminary
Plat Application including city engineering costs, publication costs, and attorney's costs and fees.
In addition, we hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the City of Meridian have
been made.
Dated this 5�
day of 1995.
By:1-- A
Gordon R. Wood
et . Wood
v
STATE OF
County of
) ss.
ON THIS day of , 19 , before me a notary public in and for
said State, personally appeared Gordon R. Wood and Margaret M Wood
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that _ they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My Notary Commission Expires
My Notary Bond Expires
0- L%_ t T 0 V,1n " o'
Notary Public for
Residing at
/j 199_
P0rPC, SL
✓-f C�VlC1Ai l�(Xl,�';,�,i �C'�t� ci.�,^tC �t�C� �
A0%1rUf1W1 rnGMENT
CALIFVKn�w At.�--rVr�rvv� .+�-----
State of �' 1 -�c Y- �A N
County oft2 v -ev---, L, (A -�--
No. 5907
On I I before me, . Ace u.2 Sac �50L% N a , 4 2' 6 I I L f
NAME, TITLE OF OFFICER- E.G., "JANE DOV, NOTARY Arco PUBLIC
ATE 'fin
personally appeared �o r � e',O C '^'� 1M OL�ca`r e+ Uy 1
NAME(S) OF SI R(S)
❑ personally known to me - OR - proved to me on the basis Whose factory name� evidence
to be the persono
subscribed to the within instrument and ac -
or ICIAL SEAL
Bruce W. Jackson
.."', NOTARY FU31-10 - CALIFORNIA
RIv7R51DE COUNTY
,Fon4� My Comm. Expires Oct. 20, 1995
knowledged to me that he/sh ey executed
the same in his/her/ ei authorized
capacity ies , and that by his/her their "
signatures on the instrument the perso s
or the entity upon behalf of which the
persoro acted, executed the instrument.
WITNESS my hand and official seal.
�SIGIAT OFNOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
[9-11NDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
Annex I �n�,�Z ,ni a I�eavPsf
TITLE OR TOE E OF OCUMENT
0�1 -e—,, -
NUMBER OF PAGES
FeY
DATE F�UMENT
/v 0 to
SIGNER(S) OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave., P.O. Box 7184 • Canoga NarK, L;A VI iU`J-/ iow
APPLIATION FOR ANNEXATION APPROVAL &
ZONING OR REZONE
MERIDIAN PLANNING AND ZONING COMMISSION
FILING INFORMATION
I. GENERAL INFORMATION
Wingate Annexation
(PROPOSED NAME OF SUBDIVISION)
East of Mirage Meadows Subd., South of Kearney Place Subd., North of
( GENERAL LOCATION } Proposed Dove Meadows Subd.
NW 1/4 SW 1/4 and S 1/2 NE 1/4 SW 1/4, Section 5, T.3N., R.1E., B.M.
(LEGAL DESCRIPTION - ATTACH IF LENGTHY) Ada County, Idaho
(see attached legal description)
A rt E. Monroe and Maxine D. Monroe
Norman R. Barker and Donna D. Barker 331-6348
(OWNER(')) OF RECORD) (NAME) (TELEPHONE NO.)
Gordon R. Wood and Margaret M. Wood
Dan Wood
(ADDRESS) 331-6348 wk
D W , Inc.c/o Dan Wood 888- 9qh hm
(APPLICANT) (NAME) (TELEPHONE N0.)
2119 E. Chateau, Meridian, ID 83642
(ADDRESS)
Gary A. Lee, P.E./L.S. - J -U -B FNGINEERS Inc. 376-7330
(ENGINEER, SURVEYOR OR PLANNER) (NAME) (TELEPHONE NO.)
250 S. Beechwood Avenue, Suite 201, Boise ID 83709
(ADDRESS)
City of Meridian, Idaho
(JURISDICTION{S) REQUIRING APPROVAL)
Residential
(TYPE OF SUBDIVISION - RESIDENTIAL, COMMERCIAL, INDUSTRIAL)
+50 0.40 acres total annexation ACRES OF LAND IN CONTIGUOUS
OWNERSHIP.
(ACCEPTED BY:)
(FEE)
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Engineers Surveyors Planners
Project: 18929
Date: February 10, 1995
Amended June 1, 1995
DESCRIPTION FOR WINGATE ANNEXATION
PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4
and
PART OF THE NW 1/4 OF THE SW 1/4
SECTION 5, T.3N., R.1E., B.M., ADA COUNTY, IDAHO
A parcel of land being situated in a portion of the S 1/2 of the NE 1/4 of the
SW 1/4 AND a portion of the NW 1/4 of the SW 1/4 of Section 5, T.3N., R.1E., B.M.,
Ada County, Idaho, being more particularly described as follows:
Beginning at a brass cap marking the Northwest corner of said SW 1/4;
thence along the Northerly boundary of said SW 1/4 South 89038158" East
1,326.59 feet to the Northwest corner of said NE 1/4 of the SW 1/4;
thence along the Westerly boundary of said NE 1/4 of the SW 1/4 South 0°26'55"
West 658.25 feet to the Northwest corner of said S 1/2 of the NE 1/4 of the SW 1/4,
said point being the REAL POINT OF BEGINNING;
thence along the Northerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4
South 89°44'00" East 20.00 feet;
thence along a line being parallel to and 20.00 feet Easterly from the
Westerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 0026'55" West
658.21 feet (formerly known as South 0026'54" West) to a point on the Southerly
boundary of said S 1/2 of the NE 1/4 of the SW 1/4;
thence along said Southerly boundary North 89048'59" West 20.00 feet to the
Southwest corner of said S 1/2 of the NE 1/4 of the SW 1/4;
thence along the Southerly boundary of the NW 1/4 of the SW 1/4 of said
Section 5, North 89048159" West, 10.00 feet to the Southeast corner of Mirage
Meadows Subdivision, as filed for record in the office of the Ada County Recorder,
Boise, Idaho, in Book 57 of Plats at pages 5394 and 5395;
thence along the Easterly boundary of said Mirage Meadows Subdivision,
North 00°26'55" E, 403.92 feet (formerly known as North 0026'54" East) to the
Northeast corner of said Mirage Meadows Subdivision, said point being on the
Southerly boundary line of Chateau Meadows East Subdivision No. 2, as filed for
record in the office of the Ada County Recorder, Boise, Idaho, in Book 58 of Plats
at pages 5457 and 5458;
thence along the Southerly boundary of said Chateau Meadows East Subdivision
No. 2, North 89050122" East, 10.00 feet to the Southeast corner of said Chateau
Meadows East Subdivision, said point being situated on the Westerly line of said
S 1/2 of the NE 1/4 of the SW 1/4;
thence along the Westerly boundary line of said S 1/2 of the NE 1/4 of the
SW 1/4 North 00026'55" East, 254.26 feet (formerly known as North 0026148" East) to
the REAL POINT OF BEGINNING, comprising 0.395 acres, more or less.
rJ-u-B,1
Engineers Surveyors Planners
Description for Wingate Annexation
February 10, 1995
Amended June 1, 1995
Page 2
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
Prepared by:
J -U -B ENGINEERS, Inc.
326 ig
-1-%:.0 qj
GAL:ls Gary A. Lee, P.E./L.S.
f:\projects\18929\admin\anxlegal.doc
HUB OF TREASURE VALLEY
OFFICIALS
COUNCIL MEMBERS
A Good Place to Live
WILLIAM G. BERG, JR., City Clerk
RONALD R. TOLSMA
MAXVERRINGTON
NGTON
JANICE L. GASS, City Treasurer
CITY OF MERIDIAN
ROBERT D. CORRIE
GARY D. SMITH, P.E. City Engineer
WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO
SHARI STILES
KENNY W. BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
Planner & Zoning Administrator
W.L. "BILL" GORDON, Police Chief
JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney
Phone 208 888-4433 • FAX (208) 8874813
()
Chairman -Planning &Zoning
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995
TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95
REQUEST: Annexation and Zoning of Dixie Lane
BY: D.W.. Inc.
LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision}
South of Kearney Place Subdivision, North of Dove Meadows Subdivision
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/O
_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 PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
' NO. Copy
tilt
j}�% APR 1j"
4' J. DAV
;D V. SHOEMAKER - � `,yt %L� ;D NAV
COSHO, HUMPHREY, GREENER WEL I�- BY YN n ®'
Attorneys at Law D ,
815 West Washington Street... =�
Carnegie Library Building"`-
Boise, Idaho 83702
Telephone: (208) 344-7811
Attorneys for Plaintiffs
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
GORDON R. WOOD and MARGARET M. )
WOOD, husband and wife, DAN )
WOOD, an individual, NORMAN R. )
BARKER and DONNA D. BARKER, )
husband and wife, and ALBERT E.)
MONROE and MAXINE M. MONROE, )
husband and wife, )
Plaintiffs, )
VS. )
PHYLLIS R. AKERSTROM, an )
individual, RICHARD T. )
AKERSTROM, an individual, )
IDAHO POWER COMPANY, )
an Idaho corporation, )
and JOHN DOES 1-4, being the )
unknown heirs of John Post )
and Florilla E. Post, )
Defendants. )
Case No. 97221
FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND JUDGMENT
THIS MATTER having come regularly before the Court on this
(I day of April, 1994, upon application of the Plaintiffs and
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 1.
FVS/slr/04/04/94(woodFindings)(6928-02)
Plaintiffs' counsel, and based upon the verified Complaint, the
Affidavit of Fredric V. Shoemaker, Affidavit of Chuck Smith, the
Affidavit of Publication and proof of service, the Court FINDS,
CONCLUDES, ORDERS AND ADJUDGES as follows:
I.
Plaintiffs in this action are Gordon R. Wood and Margaret
M. Wood, husband and wife, Dan Wood, an individual, Norman R.
Barker and Donna D. Barker, husband and wife, and Albert E.
Monroe and Maxine M. Monroe, husband and wife, sometimes
hereinafter referred to as "Plaintiffs". Defendants are Phyllis
R. Akerstrom, an individual, and Richard T. Akerstrom, an
individual, sometimes collectively referred to herein as
"Akerstroms", Idaho Power Company, an Idaho corporation, and the
unknown heirs of John Post and Florilla E. Post, husband and
wife, now deceased.
II.
On November 3, 1993, a verified Complaint to Quiet Title
was filed by Plaintiffs against the Akerstroms, Idaho Power
Company, and the unknown heirs of John Post and Florilla E. Post,
both deceased, for the purposes of quieting title to certain
lands and rights thereto for certain property located in Ada
County, Idaho, commonly known as a portion of "North Dixie Lane",
together with certain property immediately abutting a portion of
North Dixie Lane to the west.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 2.
FVS/slr/04/04/94(woodFindings)(6928-02)
ri
Although not a party to this action, the Ada County Highway
District, a political subdivision of the State of Idaho has,
through the Affidavit filed by Chuck Smith, its Senior Right -of -
Way Agent, dated October 5, 1993, confirmed the status of North
Dixie Lane as a private roadway, which Affidavit also expresses
that the Ada County Highway District has no interest or claim to
any portion of North Dixie Lane.
IV.
From the files in this matter, it appears that Defendant
Richard T. Akerstrom was served with a Summons and Complaint on
November 4, 1993 and Phyllis R. Akerstrom was served with a
Summons and Complaint on November 10, 1993. Defendant Idaho
Power Company was served, pursuant to an Acceptance of Service
dated November 8, 1993.
V.
The Defendants Akerstroms, their attorney, Plaintiffs, and
their attorney, have entered into and have filed with this Court
a Stipulation regarding Richard T. Akerstrom and Phyllis R.
Akerstrom parcel dated February 28, 1994, which the Court has
reviewed and which sets forth the respective rights and
responsibilities of the Plaintiffs and the Akerstroms with
respect to North Dixie Lane and the property abutting North Dixie
Lane to the west.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 3.
FVS/slr/04/04/94(WoodFindings)(6928-02)
VI.
Based upon the Affidavit of counsel and the verified
Complaint, this Court signed an Order for Service by Publication
dated February 4, 1994, authorizing service by publication upon
the heirs of John Post and Florilla E. Post, husband and wife,
now deceased, and it appearing from the files and records in this
proceeding that said heirs were duly and lawfully served by
publication in the Idaho Statesman for four (4) consecutive weeks
beginning with February 12, 1994 and ending on March 5, 1994, and
no answer or other responsive pleading has been presented to or
filed with this Court, the relief sought in Plaintiffs' Complaint
as against these Defendants should be granted.
VII.
Plaintiffs Gordon R. Wood and Margaret M. Wood, husband and
wife, and Dan Wood (collectively "Woods"), are residents of the
County of Ada and own the real property described in Exhibit "A"
hereto (the "Wood Parcel").
VIII.
Plaintiffs Norman R. Barker and Donna D. Barker, husband
and wife ("Barkers"), own the real property described in Exhibit
"B" hereto (the "Barker Parcel").
IX.
Plaintiffs Albert E. Monroe and Maxine M. Monroe, husband
and wife ("Barkers"), own the real property described in Exhibit
"C" hereto (the "Monroe Parcel").
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 4.
FVS/slr/09/04/99(WoodFindings)(6928-02)
X.
Defendants Akerstroms are residents of the County of Ada
and own the real property described in Exhibit "D" hereto,
hereinafter referred to as the "Akerstrom Parcel".
XI.
The Plaintiffs claim no interest and have no interest to or
in the Akerstrom Parcel.
XII.
North Dixie Lane is located in the South 1/2 of the
Northeast 1/4 of the Southwest 1/4 of Section 5, Township 3
North, Range 1 East of the Boise Meridian, Ada County, Idaho, and
is legally described as follows:
A strip of land 20 feet wide, being the West
20 feet of the South 1/2 of the Northeast 1/4
of the Southwest 1/4 of Section 5, Township 3
North, Range 1 East of the Boise Meridian,
Ada County, Idaho.
A portion of North Dixie Lane abuts the Akerstrom Parcel
immediately to the west and is legally described as follows:
Commencing at the Southwest corner of the
Northeast 1/4, Southwest 1/4, Section 5,
Township 3 North, Range 1 East, Boise
Meridian, Ada County, Idaho;
thence North 145 feet;
thence East 20 feet;
thence South 145 feet;
thence West 20 feet to the POINT OF
BEGINNING.
This portion of North Dixie Lane is referred to in the
Stipulation and shall be referred to herein as the Akerstrom
Access.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 5.
FVS/slr/04/09/94(woodFindings)(6928-02)
XIII.
Plaintiffs own in fee simple and are entitled to the quiet
and peaceful possession of North Dixie Lane by virtue of a Deed
dated March 17, 1908, recorded March 18, 1908, as Instrument No.
19088, recorded in Volume 70, at page 158, records of Ada County,
Idaho, and the Stipulation dated February 28, 1993, subject
however to the following:
(a) A permanent and perpetual easement hereby granted unto
the Akerstroms, their successors and assigns, for the quiet,
peaceful and non-exclusive use of the Akerstrom Access for
purposes of pedestrian and vehicular access to the Akerstrom
Parcel, as same may be necessary and reasonable to provide access
to a public right-of-way through other lands not owned by any
party to this litigation, but which the Court having taken
judicial notice, constitutes an extension of Dixie Lane to the
south, which runs generally in a southerly direction, having as
its northerly terminus the southerly terminus of North Dixie Lane
and as its southerly terminus the Fairivew Avenue public right-
of-way. Said lands, referred to herein as South Dixie Lane and
the ownership thereof, was not the subject matter of Plaintiffs'
Complaint and is not the subject matter of this Judgment; and
(b) The rights of Idaho Power Company as the grantee and
beneficiary by reason of an easement recorded for its benefit as
Instrument No. 168008 on February 17, 1936, and an easement
recorded as Instrument No. 156390, recorded on March 29, 1934,
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 6.
FVS/sl:/04/04/94(Wood Findings)(6928-02)
under authority of which Defendant Idaho Power Company has
installed poles, lines and other electrical apparatus pursuant to
those easements and to which easements and rights thereunder
Plaintiffs and Akerstroms are subject and subordinate to.
XIV.
Plaintiffs shall not interfere with Akerstroms, their
successors or assigns, in respect to their peaceful and quiet use
of the Akerstrom Parcel and the Akerstrom Access for purposes of
providing pedestrian and vehicular access to the Akerstrom Parcel
for residential purposes.
XV.
John Post and Florilla E. Post, husband and wife, now
deceased, were the last persons having an express recorded
grantee's interest in the following described real property,
sometimes referred to herein as the "Ten Foot Strip", which
immediately abuts and adjoins North Dixie Lane and the Akerstrom
Access to the west:
A strip of land ten feet wide, being the East
ten feet of the South Quarter of the
Northwest Quarter of the Southwest Quarter of
Section 5, Township 3 North, Range 1 East of
the Boise Meridian, Ada County, Idaho.
XVI.
Based upon the Stipulation and the verified Complaint,
Plaintiffs are the owners in fee simple and are entitled to the
quiet and peaceful possession of the Ten Foot Strip by reason of
their succession to the interest of Plaintiffs Woods, together
FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Page 7.
FV3/slr/04/04/94(WoodFindings)(6928-02)
with Woods' predecessors -in -interest, who have had the exclusive,
complete, actual, open notorious, hostile and continuous
possession of the Ten Foot Strip adverse to the unknown heirs of
John Post and Florilla E. Post, husband and wife, now deceased,
and all other parties and persons for the requisite statutory
period, to wit: five (5) years.
Plaintiffs are entitled to judgment against Defendants,
Idaho Power Company, Akerstroms, and the unknown heirs of John
Post and Florilla E. Post, husband and wife, now deceased,
subject to those Defendants' respective rights and easements as
set forth hereinabove, and each party shall bear their respective
costs and attorneys fees, except that the cost of recording this
Judgment shall be borne by Plaintiffs.
XVIII.
The foregoing constitutes this Court's Findings of Fact,
Conclusions of Law, and Judgment quieting title.
IT IS SO ORDERED, ADJUDGED AND DECREED.
DATED this day of April, 1994.
Q. D. CAREY
Honorable George D. Carey
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FINDINGS OF FACT, CONCLUSIONS OF LAW AND JUDGMENT, Pa e 8.
FVS/slr/04/04/94(WoodFindings)(6928-02)
i
A parcel of land being a portion of the N 1/2 of the NE 1/4 SW 1/4 of
Section 5, T.3N., R.lE., B.M., Ada County, Idaho, and more particularly
described as follows:
Beginning at a brass cap marking the Northwest corner of the SW 1/4 of
said Section 5;
thence South 89038158" East 1326.59 feet along the Northerly boundary of
said SW 1/4 to an iron pipe marking the Northwest corner of the NE 1/4 SW 1/4
of said Section 5;
thence South 00026'55" West 403.74 feet along the Westerly boundary of
said NE 1/4 SW 1/4 to an iron pin, said point being the REAL POINT OF
BEGINNING;
thence continuing South 0°26155" West 254.51 feet along the Westerly
boundary of said NE 1/4 SW 1/4 to an iron pin, making the SW corner NW 1/4 NE
1/4 SW 1/4 of said Section 5;
thence South 89044'00" East 270.00 feet along the Southerly boundary of
said N 1/2 NE 1/4 SW 1/4 Section 5 to an iron pin;
thence leaving said Southerly boundary North 0°26'55" East 253.65 feet
along the Westerly boundary of proposed Kearney Place Subdivision to an iron
pin;
thence North 89'33'05" West 270.00 feet along the Southerly boundary of
said proposed Kearney Place Subdivision to the point of beginning, comprising
of 1.57 acres more or less.
EXHIBIT
A
THE SOUTH ONE HALF OF THE NORTHEAST QUARTER OF TIIE SOUTHWEST
QUARTER, OF SECTION 5, TOWNSHIP 3 NORTII, RANGE 1 EAST, B.M.,
ADA COUNTY, STATE OF IDAHO.
EXCEPT THEREFROM: THE SOUTH 145 FEET OF THE WEST 300 FEET;
ALSO EXCEPT THEREFROM: THE WEST 20 FEET.
ALSO EXCEPT THEREFROM:
PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 5,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE: -MERIDIAN, ADA COUNTY, IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE S 1/4 CORNER OF Sf:CTION 5, TOWNSHIP 3 NORTH, RANGE
1 EAST, BOISE -MERIDIAN, ADA COUNTY; THENCE
NORTH 26'50" EAST, ALONG THE CENTER SI:C'L'ION I,1NL' 11107. 08 FEET TO A
STEEL PIN, THE REAL POINT ()1' HLGINNING; TIIL•;NCE
NORTH 26'50" EAST, 165.00 FEET; THENCE
NORTH 89 DEGREES 42' 10" WEST, 1300.42 FELT; '1'iI1:NCE
SOUTH 26'30" WEST, 165.00 FEET; ' HE'NC1
SOUTH 89 DEGREES 42'10" EAST, L306.41 L'1:ET `1'O THE REAL POINT OF
BEGINNING.
EXHIBIT
� I
Q
Part of the S 1/2 of the NE 1/4 of the SW 1/4 of Section
5, Township 3 North, Range 1 East, Boise -Meridian, Ada
County, Idaho, more particularly described as follows:
Commencing at the S 1/4 corner of Section 5, Township 3
North, Range 1 East, Boise -Meridian, Ada County; thence
North 26150" East, along the center section line 1807.08
feet to a steel pin, the real point of beginning; thence
North 26150" East, 165.00 feet; thence
North 890 42110" West, 1306.42 feet; thence
South 26130" West, 165.00 feet; thence
South 890 42110" East, 1306.41 feet to the real point of
beginning.
Excluding therefrom the following described real proper-
ty, to -wit:
A parcel of land being a portion of the S 1/2 of the NE
1/4 of the SW 1/4 of Section 5, Township 3 North, Range
1 East, Boise -Meridian, Ada County, Idaho, and more
particularly described as follows:
Beginning at•a brass cap marking the Northwest corner of
said SW 1/4; thence along the Northerly boundary of said
SW 1/4 South 890 38158" East 1326.59 feet to the North-
west corner of said NE 1/4 of"the SE 114;
Thence along the Westerly boundary of said NE 1/4 S14 1/4
South 0026155" West 658.25 feet to the Northwest corner
of said S 1/2 NE 1/4 SW 1/4;
Thence along the Northerly boundary of said S 1/2 NE 1/4
SW 1/4 South 89044'00" East 20.00 feet to the real point
of beginning;
Thence continuing along said Northerly boundary of the
S 1/2 NE 1/4 SW 1/4 South 89°44'00" East 66.54 feet;
Thence leaving said Northerly boundary of said S 1/2
NE 1/4 SW 1/4 South 24018'17" East 115.14 feet to a .point
of curve;
Thence along a curve to the left 65.36 feet, said curve
having an interior angle of 720110711, a radius of 52-.00
feet and a long chord bearing of South 29°41-110" West
( 61.14 feet;
EXHIBIT
C
Thence North 8932140" West 84.88 feet to a point lying
20.00 feet Easterly of the Westerly boundary of said
S 1/2 NE 1/4 SW 1/4;
Thence parallel to and 20.00 feet Easterly from said
Westerly boundary of said S 1/2 NE 1/4 SW 1/4 North
0026'55" East 157.69 feet to the point of beginning of
the above described parcel, comprising -0.33 acres
or less. , more
Subject to all existing easements and rights-of-way of
record or appearing on the above described parcel of
land.
EXHIBIT "D"
A portion of the Northeast Quarter of the Southwest Quarter, Section 5, Township 3
North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the SW corner of the NE 1/4, SW 1/4, Section 5, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho; thence North 145.00 feet; thence
East 300.00 feet; thence South 145.00 feet; thence West 300.00 feet to the POINT OF
BEGINNING; except, however, the West 20.00 feet.
rJ•U-wa�B�
Engineers Surveyors Planners
WINGATE ANNEXATION NARRATIVE
Date: February 15, 1995
Prepared By: Gary A. Lee, P.E./L.S.
J -U -B ENGINEERS, Inc.
Boise, Idaho
Owners: Albert E. and Maxine M. Monroe
Norman R. and Donna D. Barker
Gordon R. and Margaret M. Wood
Dan Wood
Developer: D.W., Inc.
Dan Wood, President
I. DEVELOPMENT LOCATION
The Monroe/Barker/Wood property is located in a portion of the
S 1/2 of the NE 1/4 of the SW 1/4 of Section 5, Township 3
North, Range 1 East, B.M., Ada County, Idaho. The site is
also known as Dixie Lane. More particularly, the project lies
east of Mirage Meadows Subdivision, south of Kearney Place
Subdivision and north of the proposed Dove Meadows
Subdivision (Dave Leader Property).
II. SITE DESCRIPTION
Currently, the site is comprised of approximately 0.40 acres
of private road. The land is generally flat with small
irrigation ditches adjacent to it.
At this time, the property is adjacent to the City of Meridian
corporate limits on all sides. The present zoning of the site
is RT within Ada County.
III. PROPOSED DEVELOPMENT
The developer plans to request a re -zone of the property to
residential R-8. This 0.40 acres will be combined with the
presently approved Wingate Park Subdivision. The adjacent
lots in this subdivision will be altered slightly to include
the additional 20 to 30 feet of what is now Dixie Lane.
n
rJ-U-B �
Engineers Surveyors Planners
Wingate Annexation Narrative
February 15, 1995
Page 2
This development and zoning (R-8) are desirable at this
location. The property is situated next to R-8 zoning to the
north, west and east. In addition, R-8 zoning is planned for
the proposed Dove Meadows Subdivision to the south. There are
other residential developments in the area that make an R-8
zone desirable. In addition, the annexation will eliminate an
existing enclave.
This zoning request and annexation will comply with the
Meridian Comprehensive Plan.
IV. PROPOSED IMPROVEMENTS
A. Sanitary Sewer System:
There is an existing public sanitary sewer system on East
Oakcrest Drive to the west of the site. This system is
operated and maintained by the City of Meridian. This
development will extend the existing sanitary sewer service
into Wingate Park Subdivision.
B. Domestic Water System:
It is anticipated that domestic water and fire flows will be
supplied by the City of Meridian through the extension of an
existing water system located on East Oakcrest Drive.
The annexation of this 20 to 30 -foot strip of land will allow
the extension of public water from East Oakcrest Drive into
Wingate Park Subdivision.
rJ-U-B,i
Engineers Surveyors Planners
Project: 18929
Date: February 10, 1995
DESCRIPTION FOR WINGATE ANNEXATION
PART OF THE S 1/2 OF THE NE 1/4 OF THE SW 1/4
and
PART OF THE NW 1/4 OF THE SW 1/4
SECTION 5, T.3N., R.1E., B.M., ADA COUNTY, IDAHO
A parcel of land being situated in a portion of the S 1/2 of the NE 1/4 of the
SW 1/4 AND a portion of the NW 1/4 of the SW 1/4 of Section 5, T.3N., R.1E., B.M.,
Ada County, Idaho, being more particularly described as follows:
Beginning at a brass cap marking the Northwest corner of said SW 1/4;
thence along the Northerly boundary of said SW 1/4 South 89038158" East
1,326.59 feet to the Northwest corner of said NE 1/4 of the SW 1/4;
thence along the Westerly boundary of said NE 1/4 of the SW 1/4 South 0026154"
West 658.25 feet to the Northwest corner of said S 1/2 of the NE 1/4 of the SW 1/4,
said point being the REAL POINT OF BEGINNING:
thence along the Northerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4
South 89044100" East 20.00 feet;
thence along a line being parallel to and 20.00 feet Easterly from the
Westerly boundary of said S 1/2 of the NE 1/4 of the SW 1/4 South 0026'54" West
658.21 feet to a point on the Southerly boundary of said S 1/2 of the NE 1/4 of the
SW 1/4;
thence along said Southerly boundary North 89048159" West 20.00 feet to the
Southwest corner of said S 1/2 of the NE 1/4 of the SW 1/4;
thence along the Southerly boundary of the NW 1/4 of the SW 1/4 of said
Section 5, North 89048159" West, 10.00 feet to the Southeast corner of Mirage
Meadows Subdivision as filed for record in the office of the Ada County Recorder,
Boise, Idaho, in Book 57 of Plats at pages 5394 and 5395;
thence along the Easterly boundary of said Mirage Meadows Subdivision, North
00026'54" E, 403.92 feet to the Northeast corner of said Mirage Meadows Subdivision,
said point being on the Southerly boundary line of Chateau Meadows East Subdivision
No. 2 as filed for record in the office of the Ada County Recorder, Boise, Idaho, in
Book 58 of Plats at pages 5457 and 54581-
thence
458;
thence along the Southerly boundary of said Chateau Meadows East Subdivision
No. 2, North 89°50'22" East, 10.00 feet to the Southeast corner of said Chateau
Meadows East Subdivision, said point being situated on the Westerly line of said
S 1/2 of the NE 1/4 of the SW 1/4;
thence along the Westerly boundary line of said S 1/2 of the NE 1/4 of the
SW 1/4 North 00026'54" East, 254.26 feet to the REAL POINT OF BEGINNING, comprising
0.395 acres, more or less.
rJ-U-B,i
Engineers Surveyors Planners
Description for Wingate Annexation
February 10, 1995
Page 2
SUBJECT T0:
All existing easements and road rights-of-way of record or appearing on the
above-described parcel of land.
Prepared by:
J -U -B ENGINEERS, Inc.
C"r
32 rn
T� OF
IkY A.�titi
GAL:ls Gary A. Lee, P.E./L.S.
ANNEXATION/ZONING REQUEST AFFIDAVIT
I, Dan Wood, do hereby certify that I am the record owner of the land described as the "Wingate
Annexation" in an application for Annexation & Zoning and a Preliminary Plat Application being
submitted to the City of Meridian for consideration.
I further state that I hereby officially request annexation of said property into the Corporate City
Limits of the City of Meridian, Idaho.
I also acknowledge that I will be responsible for the payment of all costs incurred by the City in
processing the Variance Application, the Annexation/Zoning Application and the Preliminary Plat
Application including city engineering costs, publication costs, and attorney's costs and fees.
In addition, I hereby state and certify that the subject property will be posted one week before the
public hearing stating that the above-mentioned applications with the City of Meridian have been
made.
Dated this
Y•
Dan Wood
a0
STATE OF IDAHO )
) ss.
County of Ada )
ON THIS " 0 day of
said State, personally appear,
day of e, 4 1995.
19 195, before me a notary public in and for
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My Notary Commission Expires
My Notary Bond Expires 19_
Nota Public for Idaho
Residing at cdn , Idaho
ANNEXATION/ZONING REQUEST AFFIDAVIT
We, Albert E. and Maxine M. Monroe, husband and wife, do hereby certify that we are record
owners of a part of the land described as the Wingate Annexation in an application for
Annexation & Zoning Application being submitted to the City of Meridian for consideration.
We further state that we hereby officially request annexation of said property into the Corporate
City Limits of the City of Meridian, Idaho.
In addition, we hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the City of Meridian have
been made.
Dated this day of - 1995.
M.
P_
Albert E. Monroe
STATE OF IDAHO )
ss.
County of Ada )
ON THIS day of
said State, personally appeared —
, 19 95 , before me a notary public in and for
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Notary Commission Expires 9111/ s
My Notary Bond Expires
Nota,/v Public for Idaho
Residing atIdaho
19
ANNEXATION/ZONING REQUEST AFFIDAVIT
We, Norman R. and Donna D. Barker, husband and wife, do hereby certify that we are record
owners of a part of the land described as the "Wingate Annexation" in an application for
Annexation & Zoning Application being submitted to the City of Meridian for consideration.
We further state that we hereby officially request annexation of said property into the Corporate
City Limits of the City of Meridian, Idaho.
In addition, we hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the City of Meridian have
been made.
Dated this
Norman R. Barker
Donna D. Barker
STATE OF
County of
31 st
California
Amador
) ss.
day of January _,1995.
ON THIS 31 stday of January , 19 95 , before me a notary public in and for
said State, personally appeared Norman R. Barker and Donna D. Barker
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
My Notary Commission Expires
My Notary Bokd Expires
Notary
Residing at
October 10, 1995
October 10, 1995 . 19
M*q California
Jackson
California
• OFFICIAL SEAL
CAROLLE FLORES
NotaN PubNc-CoMbrnlo
"® Amodor County
My CommistlOn E9*0$
.., October 10.1995
ANNEXATION/ZONING REQUEST AFFIDAVIT
We, Gordon R. and Margaret M. Wood, husband and wife, do hereby certify that we are the
record owners of the land described as the "Wingate Annexation" in an application for
Annexation & Zoning and a Preliminary Plat Application being submitted to the City of Meridian
for consideration.
We further state that we hereby officially request annexation of said property into the Corporate
City Limits of the City of Meridian, Idaho.
We also acknowledge that we will be responsible for the payment of all costs incurred by the City
in processing the Variance Application, the Annexation/Zoning Application and the Preliminary
Plat Application including city engineering costs, publication costs, and attorney's costs and fees.
In addition, we hereby state and certify that the subject property will be posted one week before
the public hearing stating that the above-mentioned applications with the Pity of Meridian have
been made.
e� � da
Dated this Y of 1995.
By. �.—
Gordon R. Wood
ret, Wood
STATE OF
) ss.
County of
ON THIS day of , 19 , before me a notary public in and for
said State, personally appeared Gordon R Wood and Margaret M Wood
known to me to be the person(s) whose name(s) is (are) subscribed to the within instrument, and
acknowledged to me that _ the executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
My Notary Commission Expires
My Notary Bond Expires
�CLtlTov�+0,
Notary Public for
Residing at
19 .
AiI'PorPoSe YI G vWWl,ec w,�evt+ Q_� IBJ,
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of Ca j ; - f tv- xA �\ a
County of R ; v -ev-S �, CA -0__
No. 5907
On _} ���„��,, I ) RRS before me, `-3,rAc e LS_7, -jar ksc4x NJav v P, 0I'c ,
ATE NAME, TITLE OF OFFICE - E.G., "JANE DOV, NOTARY PUBLIC'
personally appeared 47,o �_j e) I^ L:u ,j eLy\ j M q\!;Q\r e+
,__,,�,, NAME(S) OF SIGiJER(S)
El personally known to me - OR - I—proved to me on the basis of satisfactory evidence
to be the persons whose name(s) is are
subscribed to the within instrument and ac-
knowledged to me that he/sh ey executed
the same in his/her/ ei authorize
, and that by his/hertWei-
capacity(iesOF iczaz, sl_1 signatureC on the instrument the perso
Bruce W. Jackson
NOTARY PUBLIC - CALIFORNIA or the entity upon behalf of which the
RIVERSIDE COUNTY
®,FoaMy Comm. Expires Oct. 20.1995 persoro acted, executed the instrument.
WITNESS my hand and official seal.
SIGNAT OF NOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
,— /CAPACITY CLAIMED BY SIGNER
1911NDIVIDUAL
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❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
❑ ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
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SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
DESCRIPTION OF ATTACHED DOCUMENT
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TITLE OR TOE E OF 60CUMENT
NUMBER OF PAGES
DATE F DOCUMENT
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SIGNER(S) OTHER THAN NAMED ABOVE
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February 15, 1995
Mr. Will Berg
City Clerk
City of Meridian
33 East Idaho Street
Meridian, ID 83642
Dear Mr. Berg:
J -U -B ENGINEERS, Inc.
ENGINEERS• SURVEYORS PLANNERS
250 S. Beechwood Avenue, Suite 201
Boise, ID 83709-0944
208/376-7330
FAX: 208/323-9336
RE: WINGATE ANNEXATION/ZONING
D.W., Inc. — Monroe/Barker/Wood - Applicant
Enclosed for your review and processing are the necessary documents
as established by the City of Meridian Ordinances for an
annexation/zoning application. As stipulated by said ordinance,
please find enclosed the following:
1. A copy of a quiet title judgment, Instrument #9403348,
showing title of the property vested in Monroe's,
Barker's, and Wood's.
2. A notarized request for the annexation and zoning
amendment from the titled owners (Monroe's, Barker's and
Wood's) .
3. A written legal description of the subject property
describing the total parcel of land to be annexed, showing
how the parcel relates to adjacent properties.
4. One copy of an annexation map at a scale of 1" = 100' of
the property to be annexed, showing how the parcel relates
to adjacent properties.
5. 30 copies of the Application for Annexation and Zoning to
an R-8 zone.
6. 30 copies of a Vicinity Map, 8-1/2" x 1111, at a scale of
1" = 300'.
rJ-U-B,i
Engineers Surveyors Planners Mr. Will Berg
February 10, 1995
Page 2
7. A List of Property Owners within 300 feet of the property.
8. A check in the amount of $476.06 from D.W., Inc., for the
annexation application fee of $415.00 ($400 + $15/acre *
1 acre); and mailing fees of $61.06 ($1.42 * 43 owners).
9. A written narrative prepared by Gary A. Lee, P.E./L.S. of
J -U -B ENGINEERS, Inc., describing the annexation request
and the proposed development.
Please review the enclosed information and schedule a public
hearing for the next available Planning and Zoning Meeting. If you
require additional information, please call.
Sincerely,
J -U -B ENGINEERS, Inc.
GAG
Gary A. Lee, P.E. L.S.
Project Manager
GAL: 1s
Enclosures
CC: Dan Wood, D.W., Inc.
Project No. 18929
f:\users\projects\18929\corresp\cityl.doc
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,ldaho, at the hour of 7:30 p.m., on March 14, 1995, for the purpose of reviewing
and considering the Application of D.W., Inc., for annexation and zoning of approximately
.40 acres of land located in the NW 1/4, SW 1/4 and S 1/2, NE 1/4, SW 1/4, Section 5,
T.3N, R.1 E, Boise Meridian, Ada County, Idaho, and which property is generally located
East of Mirage Meadows Subdivision, South of Kearney Place Subdivision and North of
the proposed Dove Meadows Subdivision. The Application requests annexation with
zoning of R-8.
A more particular legal 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 21 st day of February, 1995.
WILLIAM G. BERG, JR.-',-UKY CLERK
WINGATE ANNEXATION
Barriatua, Raymond D. &
Connie Jean
2290 N. Laughridge Avenue
Meridian, ID 83642
McLain, Mark F. & Kalynn R.
2289 N. Dixie Place
Meridian, ID 83642
Wood, Daniel A. & Dixie L.
2119 E. Chateau Drive
Meridian, ID 83642
Mendiola, Regina L.
2125 E. Chateau Drive
Meridian, ID 83642
Maxfield, Gerald L. & Shelly L.
2133 E. Chateau Drive
Meridian, ID 83642
Wood, Gordon R. & Margaret M.
P.O. Box 422
Meridian, ID 83642
Monroe, Albert E. & Maxine M.
2170 Dixie Lane
Meridian, ID 83642
Barker, Norman R. & Donna D.
19405 Deerwood Drive
Volcano, CA 95689
Akerstrom, Phillis R. &
Richard T.
2050 Dixie Lane
Meridian, ID 83642
Leader, David E.
110 Parkway Drive
Boise, ID 83706
Avest Limited Partnership
c/o Roger H. Allen
6904 Randolph Drive
Boise, ID 83709
Miller, Wade E. & Nancy K.
2005 E. Oakcrest Drive
Meridian, ID 83642
Leavitt, John D. & Davalee
1985 E. Oakcrest Drive
Meridian, ID 83642
Koga, Robert C.
1965 E. Oakcrest Drive
Meridian, ID 83642
Chandler, Allan T. & Joyce
1945 E. Oakcrest Drive
Meridian, ID 83642
Rama, Shelby R. & Margaret A.
1905 E. Oakcrest Drive
Meridian, ID 83642
Dugger, Craig L. & Marcy L.
2044 N. Applewood Place
Meridian, ID 83642
Roy, Theodore A. & Laurie M.
2043 N. Whittier Place
Meridian, ID 83642
Wright, Charles W. & Barbara J. Dulaney, Timothy R. & Jan R.
2046 N. Whittier Place 1945 E. Meadow Wood Street
Meridian, ID 83642 Meridian, ID 83642
McCarthy Terry T. Pilmer, Brian Vernon &
2048 N. Whittier Place Cunningham, R. Diane
Meridian, ID 83642 1965 E. Meadow Wood Street
Meridian, ID 83642
Bowman, Douglas W. & Colleen A
2056 N. Whittier Place
Blades, Elmer Joe &
Meridian, ID 83642
Katherine A.
1985 E. Meadow Wood Street
Meridian, ID 83642
Montgomery, Robert & Rachel
2062 N. Whittier Place
Meridian, ID 83642
Whitehead, Lee J. & Kelley
2170 N. Laughridge Avenue
Meridian, ID 83642
Wignot, Robert L. & Maureen S.
2059 N. Whittier Place
Meridian, ID 83642
Woods, John R. & Marilyn L.
2190 N. Laughridge Avenue
Meridian, ID 83642
Spagnoletti, James &
Isabella M.
2053 N. Whittier Place
Boyer, Richard & Natalie A.
Meridian, ID 83642
2200 N. Laughridge Avenue
Meridian, ID 83642
Hardee, Daniel J. & Judy and
Hardee, Daniel R. & Debbie
2054 N. Applewood
Wheelock, Ellen L.
Meridian, ID 83642
2230 N. Laughridge Avenue
Meridian, ID 83642
Higgins, Robert L
2064 N. Applewood Place Cottle Trust
Meridian, ID 83642 Cottle T. F. & Vaneta Trustees
2250 N. Laughridge Avenue
Meridian, ID 83642
Hendry, Nora Joan &
De Prima, Anthony R.
1925 E. Meadow Wood Street Kleckner, Lynn D. &
Meridian, ID 83642 Claudette J.
2220 N. Meadowrose Place
Meridian, ID 83642
Norwood, Eugene L. & Marilyn A.
2245 N. Laughridge Avenue
Meridian, ID 83642
Orcutt, Dale L. & Stacey L.
2225 N. Laughridge Avenue
Meridian, ID 83642
Kroupa, Timothy D. & Jodi M.
2195 N. Laughridge Avenue
Meridian, ID 83642
Barry, Clay A. & Gwyn
1906 E. Meadow Wood Street
Meridian, ID 83642
Nettleton, Ruth H.
1930 E. Meadow Wood Drive
Meridian, ID 83642
Simpson, Alan L. & Cynthia K.
2203 N. Meadowrose Place
Meridian, ID 83642
Vaughn, Christopher L. &
Valerie J.
2212 N. Meadowrose Place
Meridian, ID 83642
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,ldaho, at the hour
of 7:30 p.m., on May 16, 1995, for the purpose of reviewing and considering the
Application of D.W., Inc., for annexation and zoning of approximately .40 acres of land
located in the NW 1/4, SW 1/4 and S 1/2, NE 1/4, SW 114, Section 5, T.3N, R.1 E, Boise
Meridian, Ada County, Idaho, and which property is generally located East of Mirage
Meadows Subdivision, South of Kearney Place Subdivision and North of the proposed
Dove Meadows Subdivision. The Application requests annexation with zoning of R-8.
A more particular legal 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 24th day of April, 1995.
WILLIAM G. BERG, JR., ; I CLERK
28 N'
12 NW CORNER S 1/2
17 r NE 1;4 SW 1;4
SEC. 5, T. 3N., R. 1E., B.M.
Q FND. 5/8" I.P. W/PLASTIC
CAP, P.L.S. 972
18
11 27 1 S89' 44' 00" E WOOD
CHATEAU 20.00' PROPERTY
SCALE: 1" =100'
MEADOWS Q 26 4
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(FUTURE DOVE MEADOWS SUBD.)
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PROPERTY NF 1 / T. 4 1 /4
SEC. 5, T. 3N., ft.1E., B.M.
FND. 5/8" I.P. W/PLASTIC
CAP, P.L.S. 4347
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ADA C00TY RECORDER
W. I1ATID 14AVARR0
2000 MY 18 FM 2:
SCG, REOUST'O
lo38155
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. D.W., Inc., Developer/Owner
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into thiday of , 2000, by and between CITY OF
MERIDIAN, a municipal corporation of ifie State of Idaho, hereafter called "CITY", and
D.W., INC., hereinafter called "DEVELOPER"/"OWNER", whose address is 13141 W.
Bluebonnet Court, Boise, Idaho 83713.
1. RECITALS:
1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described
in Exhibit A, which is attached hereto and by this reference
incorporated herein as if set forth in full, herein after referred to as
the "Property"; and
1.2 WHEREAS, I.C. §67-651 IA, Idaho Code, provides that cities
may, by ordinance, require or permit as a condition of re -zoning
that the owner or "Developer" make a written commitment
concerning the use or development of the subject "Property"; and
1.3 WHEREAS, "City" has exercised its statutory authority by the
enactment of Ordinance 11-15-12 and 11-16-4 A, which authorizes
development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, "Developer" has submitted an application for
annexation and zoning of the "Property"s described in Exhibit A,
and has requested a designation of Medium Density Residential
District R-8, (Meridian City Code); and
1.5 WHEREAS, "Developer" made representations at the public
hearings both before the Meridian Planning & Zoning Commission
and before the Meridian City Council, as to how the subject
"Property" will be developed and what improvements will be
made; and
1.6 WHEREAS, record of the proceedings for the requested
annexation and zoning designation of the subject "Property" held
DEVELOPMENT AGREEMENT (AZ -99-021) -1
before the Planning & Zoning Commission, and subsequently
before the City Council, include responses of government
subdivisions providing services within the City of Meridian
planning jurisdiction, and received further testimony and
comment; and
1.7 WHEREAS, City Council, the -� day of '-, 2000, has
approved certain Findings of Fact and Conclusions of Law and
Decision and Order, set forth in Exhibit B, which are attached
hereto and by this reference incorporated herein as if set forth in
full, hereinafter referred to as (the "Findings"); and
1.8 WHEREAS, the "Findings" require the "Developer"/Owner" to
enter into a development agreement before the City Council takes
final action on annexation and zoning designation; and
1.9 "DEVELOPER" deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement
was entered into voluntarily and at its urging and requests; and
1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter
into a development agreement for the purpose of ensuring that the
"Property" is developed and the subsequent use of the "Property" is
in accordance with the terms and conditions of this development
agreement, herein being established as a result of evidence
received by the "City" in the proceedings for annexation and
zoning designation from government subdivisions providing
services within the planning jurisdiction and from affected property
owners and to ensure annexation and zoning designation is in
accordance with the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance #629, January 4, 1994, and
the Zoning and Development Ordinances codified in Meridian City
Code Title 11 and Title 12.
NOW, THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are
contractual and binding and are incorporated herein as if set forth in full.
DEVELOPMENT AGREEMENT (AZ -99-021) - 2
3 DEFINITIONS: For all purposes of this Agreement the following words,
terms, and phrases herein contained in this section shall be defined and interpreted as
herein provided for, unless the clear context of the presentation of the same requires
otherwise:
3.1 "CITY": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue
of law of the State of Idaho, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642.
3.2 "DEVELOPER"/"OWNER": means and refers to D.W., Inc.,
whose address is 13141 W. Bluebonnet Court, Boise, Idaho 83713,
the owner of the property and the parry developing said "Property"
and shall include any subsequent owner(s)/developer(s) of the
"Property".
3.3 "PROPERTY": means and refers to that certain parcel of
"Property" located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City"'s Zoning Ordinance codified at Meridian
City Code Section 11-7-2 D which are herein specified as follows:
R-8 Medium Density Residential District: The purpose of the R-
8 District is to permit the establishment of single- and two-family
dwellings at a density not exceeding eight (8) dwelling units per
acre. This District delineates those areas where such development
has or is likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of large
homes into two-family dwellings in well-established
neighborhoods of comparable land use. Connection to the
Municipal water and sewer systems of the City is required.
For the construction and development of a residential
subdivision.
DEVELOPMENT AGREEMENT (AZ -99-021) - 3
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
"Developer"/"Owner" shall develop the "Property" in accordance with the
following special conditions:
5.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The
ditches to be piped should be shown on the site plans. Plans will
need to be approved by the appropriate irrigation/drainage district,
or lateral users association, with written confirmation of said
approval submitted to the Public Works Department. No variances
have been requested for tiling of any ditches crossing this project.
5.2 Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service per
City Ordinance. Wells may be used for non-domestic purposes
such as landscape irrigation.
5.3 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
5.4 Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and
Development Ordinance. No temporary signage, flags, banners or
flashing signs will be permitted.
5.5 Provide five -foot -wide sidewalks in accordance with City
Ordinance.
5.6 A minimum 30 -foot landscape buffer is required along the east
property boundary of site and shall be a condition attached to this
property.
DEVELOPMENT AGREEMENT (AZ -99-021) - 4
5.7 Applicant shall be required to dedicate all right-of-way along Eagle
Road as required by ACHD prior to the issuance of any building
permits.
5.8 Dedicate 48 -feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision
plat or execution of a warranty deed prior to issuance of a building
permit (or other required permits), whichever occurs first. Allow
up to 30 business days to process the right-of-way dedication after
receipt of all requested material. The owner will be compensated
for all right-of-way dedicated as an addition to existing right-of-
way from available impact fee revenues in this benefit zone, if the
owner submits a letter of application to the impact fee
administrator prior to breaking ground, in accordance with Section
15 of ACHD Ordinance #193.
5.9 Construct a 5 -foot wide detached sidewalk on Eagle Road abutting
the entire site. The sidewalk should be located two feet within the
new right-of-way of Eagle Road. Coordinate the location and
elevation of the sidewalk with District staff shall be required.
5.10 Locate the Moon Dipper Street/Eagle Road intersection
approximately 100 -feet south of the north property line, as
proposed.
5.11 Construct all public roads within the subdivision as a 36 -foot street
sections with curbs, gutters, and 5 -foot wide concrete sidewalks
within 50 -feet of right-of-way. Coordinate the transition of the
setback sidewalks to the north of the site with District staff.
5.12 Terminate the Moon Dipper Court and Hood Ranch Place with
standard 45 -foot radii cul-de-sacs. Coordinate the design of the
cul-de-sacs with District staff.
5.13 Other than the access point specifically approved with this
application, direct lot or parcel access to Eagle Road is prohibited.
Lot access restrictions, as required with this application, shall be
stated on the final plat.
6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement
and the commitments contained herein shall be terminated, and the zoning designation
DEVELOPMENT AGREEMENT (AZ -99-021) - 5
reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs,
successors, assigns, to comply with Section 5 entitled "Conditions Governing
Development of subject "Property" of this agreement within two (2) years of the date this
Agreement is effective, and after the "City" has complied with the notice and hearing
procedures as outlined in I.C. § 67-6509, or any subsequent amendments or
recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer"/"Owner" consents upon default to the de -annexation and/or a
reversal of the zoning designation of the "Property" subject to and conditioned upon the
following conditions precedent to -wit:
7.1 That the "City" provide written notice of any failure to comply
with this Agreement to "Developer"/"Owner" and if the
"Developer"/"Owner" fails to cure such failure within six (6)
months of such notice.
8. INSPECTION: "Developer"/"Owner" shall, immediately upon
completion of any portion or the entirety of said development of the "Property" as
required by this agreement or by City ordinance or policy, notify the City Engineer and
request the City Engineer's inspections and written approval of such completed
improvements or portion thereof in accordance with the terms and conditions of this
Development Agreement and all other ordinances of the "City" that apply to said
Development.
9. DEFAULT:
9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's"
heirs, successors, assigns, or subsequent owners of the "Property"
or any other person acquiring an interest in the "Property", fail to
faithfully comply with all of the terms and conditions included in
this Agreement in connection with the "Property", this Agreement
may be modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer"/"Owner" of any
one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any
DEVELOPMENT AGREEMENT (AZ -99-021) - 6
other rights or remedies of "City" or apply to any subsequent
breach of any such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer "'s/"Owner's" cost, and submit proof of such recording to
"Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in
connection with the annexation and zoning of the "Property" by the City Council. If for
any reason after such recordation, the City Council fails to adopt the ordinance in
connection with the annexation and zoning of the "Property" contemplated hereby, the
"City" shall execute and record an appropriate instrument of release of this Agreement.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified
herein.
12. REMEDIES: This Agreement shall be enforceable in any court of
competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or
successors in title or by the assigns of the parties hereto. Enforcement may be sought by
an appropriate action at law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained herein.
12.1 In the event of a material breach of this Agreement, the parties
agree that "City" and "Developer"/"Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior
to the non -breaching party's seeking of any remedy provided for
herein; provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day
period, if the defaulting parry shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the
curing of same with diligence and continuity, then the time allowed
to cure such failure may be extended for such period as may be
necessary to complete the curing of the same with diligence and
continuity.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer"/"Owner" or "City" is delayed for
causes which are beyond the reasonable control of the party
responsible for such performance, which shall include, without
limitation, acts of civil disobedience, strikes or similar causes, the
time for such performance shall be extended by the amount of time
of such delay.
DEVELOPMENT AGREEMENT (AZ -99-021) - 7
13. SURETY OF PERFORMANCE: The "City" may also require surety
bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as
allowed under Meridian City Code §12-5-3, to insure that installation of the
improvements, which the "Developer" agrees to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees
that no Certificates of Occupancy will be issued until all improvements are completed,
unless the "City" and "Developer"/"Owner" have entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any
event, no Certificates of Occupancy shall be issued in any phase in which the
improvements have not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner"
agrees to abide by all ordinances of the City of Meridian and the "Property" shall be
subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet
the conditions contained in the Findings of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
16. NOTICES: Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered or certified mail, postage prepaid, return
receipt requested, addressed as follows:
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
DEVELOPER:
D.W., Inc.
13141 West Bluebonnet Court
Boise, Idaho 83713
16.1 A party shall have the right to change its address by delivering to
the other party a written notification thereof in accordance with the
requirements of this section.
DEVELOPMENT AGREEMENT (AZ -99-021) - 8
17. ATTORNEY FEES: Should any litigation be commenced between the
parties hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and reasonable attorney's
fees as determined by a Court of competent jurisdiction. This provision shall be deemed
to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and
agree that time is strictly of the essence with respect to each and every term, condition
and provision hereof, and that the failure to timely perform any of the obligations
hereunder shall constitute a breach of and a default under this Agreement by the other
party so failing to perform.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding
upon and inure to the benefit of the parties' respective heirs, successors, assigns and
personal representatives, including "City"'s corporate authorities and their successors in
office. This Agreement shall be binding on the owner of the "Property", each subsequent
owner and any other person acquiring an interest in the "Property". Nothing herein shall
in any way prevent sale or alienation of the "Property", or portions thereof, except that
any sale or alienation shall be subject to the provisions hereof and any successor owner or
owners shall be both benefitted and bound by the conditions and restrictions herein
expressed. "City" agrees, upon written request of "Developer'T'Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its sole
and reasonable discretion, had determined that "Developer"/"Owner" has fully performed
its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemed to be excised
from this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer"/"Owner"
and "City" relative to the subject matter hereof, and there are no promises, agreements,
conditions or understanding, either oral or written, express or implied, between
"Developer"/"Owner" and "City", other than as are stated herein. Except as herein
otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed
by them or their successors in interest or their assigns, and pursuant, with respect to
"City", to a duly adopted ordinance or resolution of "City".
DEVELOPMENT AGREEMENT (AZ -99-021) - 9
21.1 No condition governing the uses and/or conditions governing
development of the subject "Property" herein provided for can be
modified or amended without the approval of the City Council
after the ""City" has conducted public hearing(s) in accordance
with the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be
effective on the date the Meridian City Council shall adopt the amendment to the
Meridian Zoning Ordinance in connection with the annexation and zoning of the
"Property" and execution of the Mayor and City Clerk.
DEVELOPMENT AGREEMENT (AZ -99-021) - 10
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and Made it effective as hereinabove provided.
Attest:
Dixie Wood, Vice-President/Secretary
BY RESOLUTION NO.
Attest:
CITY CLERK
BY RESOLUTION NO.
DEVELOPMENT AGREEMENT (AZ -99-021) - 11
D.W., INC.
BY:
Dan Wood, President
Developer
CITY OF MERIDIAN
Va��MAYOR ROBERT D. CORRIE
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STATE OF IDAHO )
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County of Ada )
On this T day of // 'q , in the year 2000, before
me, a Notary Public, personally appeared Dan Wood and Dixie Wood, known or identified
to me to be the President and Vice-President/Secretary, of D.W., Inc., who executed the
instrument or the persons that executed the instrument of behalf of said D.W., Inc., and
acknowledged to me having executed the same.
`fit ;l'i/if
Notary Public for Idaho
s Commission expires: /vI -
',TATE' Obi, IDAHO )
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County of Ada )
On this 1 & fb day of M&1- , in the year 2000, before
me, a Notary Public, personally appeared Robert D. Corrie and William G. Berg, known or
identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who
executed the instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
(SEAL)
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DEVELOPMENT AGREEMENT (AZ -99-021) - 12
NotabAblic for Idaho
Commission expires:
EXHIBIT A
Legal Description Of Property
PARCEL DESCRIPTION
PROPOSED WOODHAVEN SUBDIVISION
A parcel of land being situated in the Southeast 1/4 of the Southeast
1/4 of Section 20, T.3N., RAE., B.M., Ada County, Idaho as shown on
that certain Record of Survey No. 4525 recorded as Instrument
Number 99008926 in the records of the Ada County Recorder's office,
said parcel being more particularly described as follows:
Commencing at the Southeast corner of said Section 20, thence North
00°00'18" West (formerly known as North 00°03' West in that certain
Warranty Deed recorded as Instrument Number 8153524 in the
records of Ada County) along the Easterly boundary of said Section
20, 779.44 feet (formerly known as 779.51 feet on said deed) to THE
REAL POINT OF BEGINNING;
Thence leaving said Easterly boundary North 89°47'41" West, 808.57
feet (formerly known as North 89°58'50" West on said deed) to a
point;
thence South 00°11'31" West, 400.91 feet (formerly known as South
0°08'17" West, 401.14 feet on said deed) to a point;
thence South 70°09'32' East, 61.34 feet (formerly known as South
70°11'30" East, 61.32 feet on said deed) to a point;
thence South 63°22102" East (formerly known as South 63124' East on
said deed), 87.80 feet to a point;
thence South 86°23132" East (formerly known as South 86°35'15"
East on said deed), 38.40 feet to a point;
thence North 64°28143" East (formerly known as North 64°26'45"
East on said deed), 142.18 feet to a point;
thence South 84°57'17" East (formerly known as South 84°59'15"
East on said deed), 169.02 feet to a point;
thence South 74'04'17" East (formerly known as South 74'06'15"
East on said deed), 113.67 feet to a point;
DEVELOPMENT AGREEMENT (AZ -99-021) - 13
thence South 68°54117" East (formerly known as South 68°56'15"
East on said deed), 207.43 feet to a point;
thence South 72°01'52" East, 37.78 feet (formerly known as South
72°02'30" East on said deed) to a point on the easterly boundary line
of said Section 20;
thence along the easterly boundary line of said Section 20 North
00°00'18" West, 531.72 feet (formerly known as North 00°03' West on
said deed) to the REAL POINT OF BEGINNING.
Said parcel contains 8.25 acres, more or less.
DEVELOPMENT AGREEMENT (AZ -99-021) - 14
EXHIBIT B
Findings of Fact and Conclusions of Law/Conditions of Approval
DEVELOPMENT AGREEMENT (AZ -99-021) - 15
Revised 03-24-00
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER )
Case No. AZ -99-021
APPLICATION OF DAN ) AMENDED
WOOD, D.W•, INC-, THE ) FINDINGS OF FACT AND
APPLICATION FOR ZONING CONCLUSIONS O�E AND
ANNEXATION AND ) DECISION AND
OF 8.25 ACRES FOR GRANTING APPLICATION
PROPOSED WOODHA N FOR ANNEXATION AND
SUBDIVISION, LOCATED) ZONING
WEST OF EAGLE ROAD
BETWEEN OVERLAND AND j
WEST VICTORY ROAD, )
MERIDIAN, IDAHO )
The above entitled annexation and zoning application having come on
for public hearing on February 15, 2000, at the hour of 7:30 p.m., and Shari Stiles,
Planning and Zoning Administrator, appeared and testified, and appearing on behalf
of the Applicant was Nancy Taylor of J -U -B Engineers, and comments and testimony
from concerned neighbors were given by Rex Young, Jim Allen, and Dave Marquart,
and the matter was continued until March 7, 2000, and again to March 21, 2000,
and the City Council having duly considered the evidence and the record in this
matter therefore makes the following Findings of Fact and Conclusions of Law, and
Decision and Order:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 1
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
FINDINGS OF FACT
1. The notice of public hearing on the application for annexation and
zoning was published for two (2) consecutive weeks prior to said public hearing
scheduled for February 15, 2000, and continued to March 7, 2000, and again to
March 21, 2000, before the City Council, the first publication appearing and written
notice having been mailed to property owners or purchasers of record within three
hundred feet (300') of the external boundaries of the property under consideration
more than fifteen (15) days prior to said hearing and with the notice of public
hearing having been posted upon the property under consideration more than one
week before said hearing; and that copies of all notices were made available to
newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the February 15, 2000,
and continued to March 7, 2000, and again to March 21, 2000, public hearing; and
the applicant, affected property owners, and government subdivisions providing
services within the planning jurisdiction of the City of Meridian, having been given
full opportunity to express comments and submit evidence.
2. There has been compliance with all notice and hearing requirements set
forth in Idaho Code §§ 67-6509 and 67-6511, and Meridian City Code §§ 11-15-5
and 11-16-1.
3. The City Council takes judicial notice of its zoning, subdivisions and
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 2
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
development ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof, and the Comprehensive Plan of the City of Meridian
adopted December 21, 1993, Ordinance No. 629, January 4,1994, and maps and the
ordinance Establishing the Impact Area Boundary.
4. The property which is the subject to the application for annexation and
zoning is described in the application, and by this reference is incorporated herein as
if set forth in full. The property is approximately 8.25 acres in size. The property is
located at west of Eagle Road, between Overland and west of Victory Road,
Meridian, Idaho. The property is designated as the proposed Woodhaven
Subdivision.
5. The owner of record of the subject property is Robert Bell, of 994 N.
Caucus, Meridian, Idaho.
6. Applicant is Dan Wood, D.W., Inc., of 13141 West Bluebonnet Court,
Boise, Idaho.
7. The property is presently zoned by Ada County as Rural Transitional
(R -T), and consists of agricultural uses.
8. The Applicant requests the property be zoned as Medium Density
Residential (R-8).
9. The subject property is bordered to the north by residential property
zoned R-4 and city limits of the City of Meridian are adjacent and abut to the north
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 3
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
of the subject property.
10. The property which is the subject of this application is within the Area
of Impact of the City of Meridian.
11. 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
Comprehensive Plan.
12. The Applicant proposes to develop the subject property in the following
manner: residential subdivision.
13. The Applicant requests zoning of the subject real property as Medium
Density Residential (R-8). While the Meridian Comprehensive Plan does not define
the Mixed Residential Land Use designation this parcel falls within on the
Generalized Land Use Map, annexing the subject parcel with the requested R-8 zone
or an R-4 zone conforms with other Comprehensive Plan Polices that call for a wide
variety of housing types and housing for all income groups.
14. There are no significant or scenic features of major importance that
affect the consideration of this application.
15. Giving due consideration to the comment received from the
governmental subdivisions providing services in the City of Meridian planning
jurisdiction, public facilities and services required by the proposed development will
not impose expense upon the public if the following conditions of development are
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 4
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
imposed:
Adopt the Recommendations of the Planning and Zoning staff as follows:
15.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The ditches
to be piped should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
15.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
15.3 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
15.4 Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs will be
permitted. Signage restrictions need to be included in the development
agreement.
15.5 Provide five -foot -wide sidewalks in accordance with City Ordinance.
15.6 A minimum 30 -foot landscape buffer is required along the east property
boundary of site and shall be a condition attached to this property in
the Development Agreement.
15.7 Applicant shall be required to dedicate all right-of-way along Eagle Road
as required by ACHD prior to the issuance of any building permits.
15.8 A Development Agreement will be required as a condition of
annexation.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 5
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
Adopt the Recommendations of the Ada County Highway District as follows:
15.9 Dedicate 48 -feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner will be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance #188.
15.10 Construct a 5 -foot wide detached sidewalk on Eagle Road abutting the
entire site. The sidewalk should be located two feet within the new
right-of-way of Eagle Road. Coordinate the location and elevation of
the sidewalk with District staff.
15.11 Locate the Moon Dipper Street/Eagle Road intersection approximately
100 -feet south of the north property line, as proposed.
15.12 Construct Goldbug Street from Eagle Road to the Goldbug Circle
intersection as a standard 36 -foot street section with curbs, gutters, and
5 -foot wide concrete sidewalks within 50 -feet of right-of-way.
15.13 Unless otherwise approved, the Applicant shall be required to construct
all public roads within the subdivision as a 36 -foot street sections with
curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of
right-of-way.
15.14 Other than the access point specifically approved with this application,
direct lot or parcel access to Eagle Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
plat.
16. It is found that if the developer pays for the requested improvements
and complies with the conditions set forth in these Findings of Fact No. 15, and all
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 6
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
r-.
sub -parts, the economic welfare of the City and its residents and tax and rate payers
will be protected, which requirement shall be included in a development agreement, a
condition of annexation and zoning designation.
17. It is also found that the development considerations as referenced in
Finding No. 15 are reasonable to require and must be taken into account, in order to
assure the proposed development is designed, constructed, operated and maintained
in a manner which is harmonious and appropriate in appearance with the existing, or
intended character of the general vicinity, in order to assure that the proposed use
will not change the essential character of the affected vicinity and will insure that the
proposed uses will not be hazardous or disturbing to the existing, or future
neighboring uses, particularly considering the impact of proposed development on
potential to produce excessive traffic, noise, smoke, fumes, glare and odors.
18. It is found that the zoning of the subject real property as (R-8) Medium
Density Residential District allows single- and two-family dwellings at a density not
exceeding eight (8) dwelling units per acre. This District delineates those areas where
such development has or is likely to occur in accord with the Comprehensive Plan of
the City and is also designed to permit the conversion of large homes into two-family
dwellings in well-established neighborhoods of comparable land use, and requires
connection to the Municipal Water and Sewer systems and will be compatible with
the Applicant's development intentions, and will assure that the zoning is consistent
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 7
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
_-IN
with the Meridian Comprehensive Plan Generalized Land Use Map which designates
the subject property as Mixed Residential Land Use.
19. The subject annexation request and zoning designation and proposed
development relates and is compatible to the goals and policies of the Comprehensive
Plan of the City as follows:
19.1 The consideration of the provisions of the Comprehensive plan and the
requirements of the Zoning ordinance assure that the processing of such
application is the management of growth with the aim to achieve high-
quality development. Enhancement of Meridian's quality of life for all
residents is achieved by applying the criteria of the Comprehensive plan
and the Zoning ordinances of the City to all applications such as the
subject application.
19.2 This proposed new growth development will finance public service
expansion by the requirement herein that the applicant comply with the
requests submitted of the political subdivisions responses within the
Meridian Urban Service Planning Area submitted in the record of this
matter.
19.3 The application is consistent with Meridian's self identity.
19.4 The preservation and improvement of the character and quality of
Meridian's man-made environment while maintaining its identity as a
self-sufficient community is achieved by applying the criteria of the
Comprehensive plan and the Zoning ordinances of the City to the
subject application.
19.5 Compliance with the requests of the political subdivisions providing
services, assures that community services are being provided for existing
and projected needs and that the land use patterns of the City are
balanced to insure that revenues pay for services and that the Urban
Service Planning Area is visually attractive, efficiently managed and
clearly identifiable.
19.6 Compatible and efficient use of land through innovative and functional
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 8
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
site design is achieved by applying the criteria of the Comprehensive
plan and the Zoning ordinances of the City to the subject application.
20. The property can be physically serviced with City water and sewer, if
applicant extends the lines.
CONCLUSIONS OF LAW
1. The City of Meridian has authority to annex real property upon written
request for annexation and the real property being contiguous or adjacent to city
boundaries and that said property lies within the area of city impact as provided by
Idaho Code Section 50-222. The Meridian City Code § 11-16 provides the City may
annex real property that is within the Meridian Urban Service Planning Area as set
forth in the City's Comprehensive Plan.
2. The Council may take judicial notice of government ordinances, and
policies, and of actual conditions existing within the City and State.
3. The City of Meridian has exercised its authority and responsibility as
provided by "Local Land Use Planning Act of 1975', codified at Chapter 65, Title 67,
Idaho Code by the adoption of `Comprehensive Plan City of Meridian adopted
December 21, 1993, Ord. No. 629, January 4, 1994.
4. The following are found to be pertinent provisions of the City of
Meridian Comprehensive Plan and are applicable to this Application:
4.A The Goals of the Comprehensive Plan are set forth at Page 5 and
include:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 9
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
4.1 To preserve Meridian's environmental quality and to make
provisions for and improve the total natural environment
by adopting City-wide and Urban Service Planning Area
policies, which deal with area -specific policies and
programs.
4.2 To ensure that growth and development occur in an
orderly fashion in accordance with adopted policies and
procedures governing the use of land, residential
development the provision of services and the distribution
of new housing units within the Urban Service Planning
Area.
4.3 To encourage the kind of economic growth and
development which supplies employment and economic
self-sufficiency for existing and future residents, reduces
the present reliance on Boise and strengthens the City's
ability to finance and implement public improvements,
services and its open space character.
4.4 To provide housing opportunities for all economic groups
within the community.
4.5 To preserve and improve the character and quality of
Meridian's man-made environment while maintaining its
identity as a self-sufficient community.
4.6 To encourage cultural educational and recreational
facilities which will fill the needs and preferences of the
citizens of Meridian and to insure that these facilities are
available to all residents of the City.
4.7 To provide community services to fit existing and projected
needs.
4.8 To establish compatible and efficient use of land through
the use of innovative and functional site design.
4.9 To encourage a balance of land use patterns to insure that
revenues pay for services.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 10
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
4.10 To create an Urban Service Planning Area which is visually
attractive, efficiently managed and clearly identifiable.
5. The approved zoning of Medium Density Residential District, (R-8) is
defined in the Zoning Ordinance at 11-7-2 D as follows:
(R-8) Medium Density Residential District: The purpose of the R-8 District
is to permit the establishment of single- and two-family dwellings at a density
not exceeding eight (8) dwelling units per acre. This District delineates those
areas where such development has or is likely to occur in accord with the
Comprehensive Plan of the City and is also designed to permit the conversion
of large homes into two-family dwellings in well-established neighborhoods of
comparable land use. Connection to the Municipal water and sewer systems of
the City is required.
6. By authority of the City of Meridian under the Comprehensive Plan, a
conditional use permit is not required for Applicant to construct and develop single -
and two-family dwelling units on this parcel of land.
7. Since the annexation and zoning of land is a legislative function, the
City has authority to place conditions upon the annexation of land. See Burt vs. The
City of Idaho Falls, 105 Idaho 65, 665 P2d 1075 (1983).
8. The development of the annexed land, if annexed, shall meet and
comply with the Ordinances of the City of Meridian including, but not limited to:
Section 12-2-4 which pertains to development time schedules and requirements;
Section 12-4-13, which pertains to the piping of ditches; and Section 12-5-2 N,
which pertains to pressurized irrigation systems.
9. The development of the property shall be subject to and controlled by
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 11
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
the Zoning and Subdivision and Development Ordinance of the City of Meridian.
10. Section 11-16-4 A of the Zoning and Development Ordinance provides
in part as follows:
If property is annexed and zoned, the City may require or permit, as a
condition of the zoning, that an owner or developer make a written
commitment concerning the use or development of the subject property. If a
commitment is required or permitted, it shall be recorded in the office of the
Ada County Recorder and shall take effect upon the adoption of the ordinance
annexing and zoning the property, or prior if agreed to by the owner of the
parcel. Unless the commitment is modified or terminated by the City Council,
the commitment shall be binding on the owner of the parcel, each subsequent
owner, and each other person acquiring an interest in the property. A
commitment is binding on the owner of the property even if it is unrecorded;
however, an unrecorded commitment is binding on subsequent owners and
each other person acquiring an interest in the property only if the subsequent
owner and each other person acquiring an interest in the property has actual
notice of the commitment.
DECISION AND ORDER
NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING
FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does
hereby Order and this does Order:
1. The applicant's request for annexation and zoning of approximately
8.25 acres to Medium Density Residential District (R-8) is granted subject to the
terms and conditions of this Order hereinafter stated.
2. The application is for annexation and zoning of 8.25 acres. The legal
description shall be prepared by a Registered Land Surveyor, Licensed by the State of
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 12
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
Idaho, and shall conform to all the provisions of the City of Meridian Resolution No.
158. The legal description for annexation must place this parcel contiguous to the
Corporate City Limits per Ordinance No. 686.
3. Developer enter into a Development Agreement that provides in the
event the conditions therein are not met by the Developer that the property shall be
subject to de -annexation, with the City of Meridian, which provides for the following
conditions of development to -wit:
3.1 Any existing irrigation/drainage ditches crossing the property to be
included in this project, shall be tiled per City Ordinance. The ditches
to be piped should be shown on the site plans. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association, with written confirmation of said approval submitted to the
Public Works Department. No variances have been requested for tiling
of any ditches crossing this project.
3.2 Any existing domestic wells and/or septic systems within this project will
have to be removed from their domestic service per City Ordinance.
Wells may be used for non-domestic purposes such as landscape
irrigation.
3.3 Outside lighting shall be designed and placed so as not to direct
illumination on any nearby residential areas and in accordance with
City Ordinance.
3.4 Subdivision identification signage shall be in accordance with the
standards set forth in the City of Meridian Zoning and Development
Ordinance. No temporary signage, flags, banners or flashing signs will be
permitted. Signage restrictions need to be included in the development
agreement.
3.5 Provide five -foot -wide sidewalks in accordance with City Ordinance.
3.6 A minimum 30 -foot landscape buffer is required along the east property
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 13
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
boundary of site and shall be a condition attached to this property in
the Development Agreement.
3.7 Applicant shall be required to dedicate all right-of-way along Eagle Road
as required by ACHD prior to the issuance of any building permits.
3.8 A Development Agreement will be required as a condition of
annexation.
3.9 Dedicate 48 -feet of right-of-way from the centerline of Eagle Road
abutting the parcel by means of recordation of a final subdivision plat or
execution of a warranty deed prior to issuance of a building permit (or
other required permits), whichever occurs first. Allow up to 30 business
days to process the right-of-way dedication after receipt of all requested
material. The owner will be compensated for all right-of-way dedicated
as an addition to existing right-of-way from available impact fee
revenues in this benefit zone, if the owner submits a letter of application
to the impact fee administrator prior to breaking ground, in accordance
with Section 15 of ACHD Ordinance # 188.
3.10 Construct a 5 -foot wide detached sidewalk on Eagle Road abutting the
entire site. The sidewalk should be located two feet within the new
right-of-way of Eagle Road. Coordinate the location and elevation of
the sidewalk with District staff.
3.11 Locate the Moon Dipper Street/Eagle Road intersection approximately
100 -feet south of the north property line, as proposed.
3.12 Construct Goldbug Street from Eagle Road to the Goldbug Circle
intersection as a standard 36 -foot street section with curbs, gutters, and
5 -foot wide concrete sidewalks within 50 -feet of right-of-way.
3.13 Unless otherwise approved, the Applicant shall be required to construct
all public roads within the subdivision as a 36 -foot street sections with
curbs, gutters, and 5 -foot wide concrete sidewalks within 50 -feet of
right-of-way.
3.14 Other than the access point specifically approved with this application,
direct lot or parcel access to Eagle Road is prohibited. Lot access
restrictions, as required with this application, shall be stated on the final
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 14
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
plat.
4. The City Attorney shall prepare for consideration by the City Council
the appropriate ordinance for the annexation and zoning designation of the real
property which is the subject of the application to (R-8) Medium Density Residential
District, Meridian City Code § 11-7-2 D.
5. Subsequent to the passage of the Ordinance provided for in section 4 of
this Order the engineering staff of the Public Works Department shall prepare the
appropriate mapping changes of the official boundaries and zoning maps as provided
in Meridian City Code § 11-21-1 in accordance with the provisions of the annexation
and zoning ordinance.
NOTICE OF FINAL ACTION
Please take notice that this is a final action of the governing body of the City
of Meridians Pursuant to Idaho Code § 67-6521 an affected person is a person who
has an interest in real property which may be adversely affected by the issuance or
denial of the annexation and zoning and who may within twenty-eight (28) days
after the date of this decision and order seek a judicial review as provided by Chapter
52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
day of If , 2000.
ROLL CALL
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 15
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
COUNCILMAN RON ANDERSON
COUNCILMAN KEITH BIRD
COUNCILMAN TAMMY deWEERD
COUNCILMAN CHERIE McCANDLESS
MAYOR ROBERT D. CORRIE (TIE BREAKER)
DATED: 4-1f—co
MOTION:
APPROVED: 1w
DISAPPROVED:
VOTED
VOTED 1�4—
VOTED ` v
VOTED a -,-
VOTED
Copy served upon Applicant, the Planning and Zoning Department, Public Works
Department and the City Attorney.
Of -
Dated:
ity Clerk r
SEAL
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ON
FINDINGS OF FACT AND CONCLUSIONS OF LAW - Page 16
AND DECISION AND ORDER GRANTING APPLICATION
FOR ANNEXATION AND ZONING/BY DAN WOOD (AZ -99-021)
RESOLUTION NO �; ! 5
BY: Let'llk 1�1-&
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN
AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND
BETWEEN THE CITY OF MERIDIAN AND D. W., INC.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter
into an agreement with D.W., Inc., denoted as "DEVELOPMENT
AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to
this Resolution, the reasons and authority for which are as set forth in said
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Cleric are hereby authorized to enter into and on
behalf of the City of Meridian that certain agreement with D.W., Inc., entitled
"DEVELOPMENT AGREEMENT", by and between the City of Meridian and
D.W., Inc., a copy of which is attached hereto marked as Exhibit "A" to this
Resolution and to bind this City to its terms and conditions.
Resolution (AZ -99-021) - 1 of 2
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of 1! tib , 2000.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of � , 2000.
MA-Y6R
ATTEST: 001iIW 111tl�1s�'r
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Resolution (AZ -99-021) - 2 of 2
Meridian City Council
June 6, 1995
Page 5
MOTION CARRIED: All Yea
ITEM #3: ORDINANCE #705 - ANNEXATION - D.W. INC.:
(Inaudible)
Kingsford: What we require is any time we do a land use change which is either zoning
or grant a variance or a conditional use. We have findings of fact and conclusions of law
that warrant that. Those findings will be prepared for us at the next meeting and the
Council will act on that basis. What you do need to do however is as was stipulated in the
motion is to get the paperwork and start a variance to the tiling of that ditch. Is that clear?
Ordinance #705 annexing D.W. Inc. property, AN ORDINANCE OF THE CITY OF
MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS
DESCRIBED AS A PART OF S 1/2 OF THE NE 1/4 OF THE SW 1/4 AND A PART OF
THE NW 1/4 OF SW 1/4 OF SECTION 5, T.3N, R.1 E, BOISE MERIDIAN, ADA COUNTY,
IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from the public
that would like to have Ordinance #705 read in its entirety? Seeing none I would entertain
a motion on Ordinance #705.
Tolsma: Mr. Mayor I move we approve Ordinance #705 with suspension of the rules.
Yerrington: Second
Kingsford: Moved by Ron, second by Max to approve Ordinance #705 with suspension of
the rules, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
ITEM #4: AMENDED ORDINANCE #699 - WATERBURY #5:
Kingsford: AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND
ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND
LYING IN A PORTION OF THE E 1/2 OF THE SE 1/4 OF THE NW 1/4 AND THE W 1/2
OF THE SW 1/4 OF THE NE 1/4 OF SECTION 1, T.3N, R. 1W, BOISE MERIDIAN, ADA
COUNTY, IDAHO; AND PROVIDING FOR AN EFFECTIVE DATE. Is there anyone from
the public that would like to have Amended Ordinance #699 read in its entirety? Seeing
none I would entertain a motion on Amended Ordinance on #699.
Yerrington: Mr. Mayor, I would move that we approve of the amended ordinance #699 with
Meridian City Council
May 16, 1995
Page 37
Morrow: Mr. Mayor I would move that we table items 4 and items 5, question is a date
certain.
Kingsford: It would have to be not tabled but remanded to P & Z.
Morrow: I am sorry let me retract that and start over. Mr. Mayor I move that we remand
items 4 and 5 to P & Z for further action.
Yerrington: Second
Kingsford: Moved by Walt, second by Max to remand items 4 and 5 to P & Z for further
action, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #6: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR
.40 ACRE BY D.W. INC.:
Kingsford: At this time I will open the public hearing and invite the owner or his designee
to speak first.
Gary Lee, JUB Engineers, 1750 Summertree, was sworn by the City Attorney.
Lee: The application before you this evening is an annexation and zone request for a strip
of property that is sandwiched in between Wingate Subdivision an approved preliminary
plat and a couple of existing developments Chateau Meadows East No. 2 and Mirage
Meadows Subdivision. This piece of ground is 20 feet wide, adjacent to the property
Chateau Meadows it is known as Dixie Lane. There is also an additional 10 foot strip
adjacent to Mirage Meadows that was left out of the Mirage Meadows subdivision. So in
the area of the Barker property and Akerstrom property it is 30 feet wide. At the time the
developer presented Wingate Subdivision preliminary plat he did not have clear title to
that property and subsequently was not able to make it part of the annexation request for
preliminary plat. Since that time he has proceeded through a quiet title action on that strip
of land and was successful and now has ownership of it and control. So we are before this
body to request annexation and zoning to R-8 of that strip of land to make it contiguous
to the City of Meridian city limits and button up that area.
Kingsford: Gary, what's its status in terms of access easement?
Lee: There are easement rights to the Wood property, Monroe property, Barker property
and Akerstrom property from Fairview to that Dixie Lane.
Meridian City Council
May 16, 1995
Page 38
Kingsford: So really nothing would change other than that be annexed to the City they are
still going to have access be a private lane or what?
Lee: Well, the access will change once the final phase of Wingate Subdivision is finished
and the final plat has been prepared and submitted for approval. When this project goes
forward East Oakcrest will continue to the east and will provide access through the
Akerstrom property. And also to the balance of the Wingate subdivision. So the only other
property that would be lacking access off of Dixie Lane would be the Wood property up
north of there but currently it does have direct access to Chateau Meadows or Chateau
Drive. So they all do have legal access to public right of way. One of the conditions in the
Ada County Highway District review was to dedicate that portion of East Oakcrest Drive
as public right of way to provide that access. Which we will do by plat.
Morrow. That is that little strip of ground in the cross hatch portion?
Lee: A portion of it would be 50 foot wide strip going directly east of Oakcrest. And then
the portion lying north of that would be incorporated with that in the Wingate subdivision
phase 2 plat. The strip south of that the developer has agreed to allow that pedestrian
access to the Avest property. It is this strip about 100 feet long (inaudible).
Kingsford: Any other questions of Mr. Lee?
Lee: I have one other comment I wanted to make about some of the comments that were
made by Ada County Highway district and city staff about the possibilities of extending a
pedestrian access to the north all the way to Chateau Drive. We looked at that and
discussed it, it would be very difficult at this point in time to and that pedestrian access
(End of Tape) balance of the Wood property doesn't leave any room for a pedestrian
pathway. Mr. Wood has expressed concerns about an access coming through there in his
backyard (inaudible) neighbors to the west would have that same concern. Do you have
any questions I can answer?
Kingsford: Questions of Mr. Lee? Anyone else from the public? I will close the public
hearing, Council members?
Tolsma: Mr. Mayor, I move we approve the findings of fact and conclusions of law as
prepared for P & Z for this annexation and zoning to R-8 for D.W. Inc.
Morrow. Second
Kingsford: Moved by Ron, second by Walt to approve of the findings of fact and
conclusions of law as prepared for P & Z for the annexation and zoning for D.W. Inc. for
Meridian City Council
May 16, 1995
Page 39
40 acres, roll call vote.
ROLL CALL VOTE: Morrow - Yea, Yerrington - Yea, Corrie - Yea, Tolsma - Yea
MOTION CARRIED: All Yea
Kingsford: Is there a motion on the decision?
Morrow. Mr. Mayor, I recommend that the City Council of the City of Meridian approve the
annexation and zoning as stated above for the property described in the application with
the conditions set forth in the findings of fact and conclusions of law and the applicant and
owners be specifically required to tile all ditches, canals, waterways as a condition of
annexation. That the applicant meet all of the ordinances of the City of Meridian and of
the staff and if conditions are not met the property be de -annexed.
Tolsma: Second
Kingsford: Moved by Walt, second by Ron to approve of the decision, all those in favor?
Opposed?
MOTION CARRIED: All Yea
Tolsma: Mr. Mayor I move we instruct the City Attorney to draw up an ordinance for
annexation and zoning.
Morrow: Second
Kingsford: Moved by Ron, second by Walt to have the City Attorney prepare the zoning
and annexation ordinance, all those in favor? Opposed?
MOTION CARRIED: All Yea
FIVE MINUTE BREAK
ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR MAWS
ADDITION NO. 3,6 LOTS BY MAWS LIMITED PARTNERSHIP:
Kingsford: At this time I will open the public hearing and invite the owner or his designee
to speak first.
Ted Hutchinson, 109 South 4th Street, Boise, was sworn by the City Attorney.
MERIDIAN CITY COUNCIL MEETING: MAY 16 1995
APPLICANT D.W. INC. ITEM NUMBER; 6
REQUEST; REQUEST FOR ANNEXATION AND ZONING TO R-8 FOR AQ ACRES
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION;
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
OTHER:
COMMENTS
PLANNING & ZONING MINUTES
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
"REVIEWED"
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS L
I
�C
u
All Materials presented at public meetings shall become property of the City of Meridian.
14 -
OFFICIALS
WILLIAM G. BERG, JR., City Clerk
JANICE L. GASS, City Treasurer
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
KENNY W. BOWERS, Fire Chief
W.L. "BILL" GORDON, Police Chief
WAYNE G. CROOKSTON, JR., Attorney
MEMORANDUM:
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 8884433 • FAX (208) 887-4813
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
To: Mayor, City Council, Planning & Zoning
From: Bruce Freckleton, Assistant to City Engineer
Shari Stiles, P&Z Administrator
Re: Annexation and Zoning of R-8 for Dixie Lane
by D.W., Inc., Dan Wood
COUNCIL MEMBERS
RONALD R. TOLSMA
MAX YERRINGTON
ROBERT D. CORRIE
WALT W. MORROW
SHARI STILES
Planner & Zoning Administrator
JIM JOHNSON
Chairman - Planning & Zoning
March 10, 1995
We have reviewed this submittal and offer the following comments, for your information and
consideration as conditions of the Applicant during the hearing process:
GENERAL COMMENTS
Any existing irrigation/drainage ditches crossing the property to be included in this project, shall
be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association, with written confirmation of said approval
submitted to the Public Works Department.
SITE SPECIFIC COMMENTS - PUBLIC WORKS DEPARTMENT
Sewer and water for the balance of the Wingate Place Subdivision will cross this strip of land
being proposed for annexation.
SITE SPECIFIC COMMENTS -.PLANNING DEPARTMENT
1. Continuation of the 20' pedestrian access included in the Avest preliminary plat must be
maintained through to E. Oakcrest Drive.
2. Connection of Dixie Lane to Chateau Drive would be desirable for a pedestrian access;
this should be fully explored.
3. Dixie Lane is currently being used as a vehicle access from Fairview Avenue.
Coordinate with ACHD for continued access and/or removal of barricades from E.
Oakcrest Drive to allow access to all properties.
BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION
J -U -B ENGINEERS, INC.
ANNEXATION AND ZONING
S 1/2 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 5,
T.3N.,R.1E., B.M., ADA COUNTY
MERIDIAN, IDAHO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The above entitled annexation and zoning application having
come on for consideration on March 14, 1995, at the hour of 7:30
o'clock p.m. on said date, at the Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and the Council having heard and
taken oral and written testimony and the Applicant appearing
through his representative, Gary Lee, and having duly considered
the matter, the Planning and Zoning Commission makes the
following:
FINDINGS OF FACT
1. That notice of public hearing on the annexation and zoning
was published for two (2) consecutive weeks prior to the said
public hearing scheduled for March 14, 1995, the first publication
of which was fifteen (15 ) days prior to said hearing; that the
matter was duly considered at the March 14, 1995, hearing; that
the public was given full opportunity to express comments and
submit evidence; and that copies of all notices were made
available to newspaper, radio and television stations;
2. That the property included in the application for
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC.
Page 1
annexation and zoning is described in the application, and by this
reference is incorporated herein; that the property is 0.40 acres
in size; it is located east of Mirage Meadows Subdivision, south
of Kearney Place Subdivision and North of the proposed Dove
Meadows Subdivision.
3. That the property is presently zoned by Ada County RT
(Rural Transition); that the Applicant requests that the property
be zoned R-8.
4. This 0.40 acres will be combined with the presently
approved Wingate Park Subdivision.
5. That the adjacent lots in this subdivision will be
altered slightly to include the additional 20 to 30 feet of what
is now Dixie Lane.
6. That this annexation will allow the extension of public
water from East Oakcrest Drive into Wingate Park Subdivision.
7. That this zoning is desirable at this location as this
property is situated next to R-8 zoning to the north, west and
east and is planned for the proposed Dove Meadows Subdivision.
8. That this zoning request and annexation will comply with
the Meridian Comprehensive Plan.
9. That the owners of record are Albert E. and Maxine
Monroe, Norman and Donna Barker, Gordon and Margaret Wood and Dan
Wood and they have requested the annexation and consented to the
Application.
10. That the property included in the annexation and zoning
application is within the Area of Impact of the City of Meridian.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC.
Page 2
11. There were no property owners in the immediate area that
testified objecting to the Application.
12. That Engineer, Gary Lee addressed the Commission on
behalf of Dan Wood, the Applicant.
13. Mr. Lee stated that the property in question consists of
a 20 foot wide strip along parcels owned by Monroe, Barker and
Kinkerstrom; that the piece of ground is known as Dixie Lane, and
that the ownership of the property was in question and without
clear title; that at the suggestion of the City Attorney, Wayne
Crookston, Dan Wood proceeded with a quiet title action and was
successful in obtaining ownership along with the Wood's, Monroe's
and Barker's.
14. That the City Planning Director, Shari Stiles, and the
Assistant City Engineer, Bruce Freckleton, submitted comments
regarding this application.
15. That any existing irrigation/drainage ditches crossing
the property shall be tiled per City Ordinance 11-9-605.M.; that
continuation of the 20 foot pedestrian access included in the
Avest preliminary plat must be maintained through to E. Oakcrest
Drive; that the connection of Dixie Lane to Chateau Drive would be
desirable for a pedestrian access; that applicant will need to
coordinate with the Ada County Highway District for continued
access and or removal of the barricades from E. Oakcrest Drive to
allow access to all properties currently using Dixie Lane as a
vehicle access from Fairview Avenue.
16. That the Ada County Highway District (ACRD) submitted
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC.
Page 3
site specific requirements and they are incorporated herein as if
set forth in full which included the dedication of 50 feet of
right-of-way for E. Oakcrest Drive crossing the parcel; that this
dedication may be made by Warrantee Deed or by including it in a
future phase of Wingate Place Subdivision.
17. That Nampa Meridian Irrigation District, Central
District Health Department, Meridian Police Department and
Meridian City Fire Department submitted comments and they are
hereby incorporated herein as if set forth in full.
18. That proper notice was given as required by law and all
procedures before the Planning and Zoning Commission were given
and followed.
CONCLUSIONS
1. That all the procedural requirements of the Local
Planning Act and of the Ordinances of the City of Meridian have
been met; including the mailing of notice to owners of property
within 300 feet of the external boundaries of the Applicant's
property.
2. That the City of Meridian has authority to annex land
pursuant to 50-222, Idaho Code, and Section 11-2-417 of the
Revised and Compiled Ordinances of the City of Meridian; that
exercise of the City's annexation authority is a Legislative
function.
3. That the Planning and Zoning Commission has judged this
annexation and zoning application under Section 50-222, Idaho
Code, Title 67, Chapter 65, Idaho Code, the Meridian City
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC.
Page 4
Ordinances, the Meridian Comprehensive Plan, as amended, and the
record submitted to it and things of which it can take judicial
notice.
4. That all notice and hearing requirements set forth in
Title 67, Chapter 65, Idaho Code, and the Ordinances of the City
of Meridian have been complied with.
5. That the Commission may take judicial notice of
government ordinances, and policies, and of actual conditions
existing within the City and State.
6. That the annexation application has been initiated by
the owners and the annexation is not upon the initiation of the
City of Meridian.
7. That since the annexation and zoning of land is a
legislative function, the City has authority to place conditions
upon the annexation of land.
8. That the annexation application has been initiated by
the Applicant, which is not the titled owner but the titled owners
have consented to the annexation application; that the annexation
is not upon the initiation of the City of Meridian.
9. That the development of annexed land must meet and
comply with the Ordinances of the City of Meridian and in
particular Section 11-9-616 which pertains to development time
schedules and requirements and 11-9-605 M, Piping of Ditches; that
the development of the property shall be subject to and controlled
by the Subdivision and Development Ordinance; that as a condition
of annexation, the Applicant, or if required, any assigns, heirs,
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC.
Page 5
executors or personal representatives, shall pay, when required,
any development fee or transfer fee adopted by the City.
10. Therefore, based on the Application, the testimony and
evidence, these Findings of Fact and Conclusions, and the
Ordinances of the City of Meridian it is ultimately concluded that
Applicant's property should be annexed and zoned R-8; that the
conditions should be those stated above and upon issuance of final
platting and other conditions to be explored at the City Council
level; that such annexation would be orderly development and
reasonable if the conditions are met; that the property shall be
subject to de -annexation if the requirements of these Findings of
Fact and Conclusions of Law are not met.
10. That all ditches, canals, and waterways required to be
tiled by City Ordinance shall be tiled as a condition of
annexation and if not so tiled the property shall be subject to
de -annexation.
11. With compliance of the conditions contained herein, the
annexation and zoning or R-8, Residential would be in the best
interest of the City of Meridian.
15. That if the conditions of approval are not met the
property shall be subject to de -annexation.
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian Planning and Zoning Commission hereby adopts and
approves these Findings of Fact and Conclusions.
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC.
Page 6
ROLL CALL
COMMISSIONER HEPPER
COMMISSIONER ROUNTREE
COMMISSIONER SHEARER
COMMISSIONER ALIDJANI.
CHAIRMAN JOHNSON (TIE BREAKER)
1
t
1
VOTED I
pp/`�
VOTEDTVA) '�
VOTED
VOTED l�
VOTED
DECISION AND RECOMMENDATION
The Meridian Planning and Zoning Commission hereby recommends
to the City Council of the City of Meridian that they approve the
annexation and zoning as stated above for the property described
in the application with the conditions set forth in the Findings
of Fact and Conclusions of Law and that the Applicant and owners
be specifically required to tile all ditches, canals and waterways
as a condition of annexation, and that the Applicant meet all of
the Ordinances of the City of Meridian, and that if the conditions
are not met that the property be de -annexed.
MOTION:
APPROVED:
r
DISAPPROVED:
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D. W., INC.
Page 7
HUB OF TREASURE VALLEY
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 recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995
TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95
REQUEST: Annexation and Zoning of Dixie Lane
BY: D.W. Inc.
LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision,
South of Kearney Place Subdivision North of Dove Meadows Subdivision
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
WALT MORROW, C/C
_MAX YERRINGTON, C/O
_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 R LAMATIOf (PRELIM & FINAL PLAT)
CITY FILES /? „ _ ,
YOUR CONCISE
RECEIVED
F E B 2 1 1995
CITY OF MERIDIAN
COUNCIL MEMBERS
OFFICIALS
A Good Place to Live
RONALD R. TOLSMA
WILLIAM G. BERG, JR., City Clerk
JANICE GASS, City Treasurer
L
CITY OF MERIDIAN
ROBERT 0. CORRIE
MAX W. MORROW
WALT W. MORROW
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt.
33EAST IDAHO
SHARI STILES
JOHN T. SHAWCROFT, Waste Water Supt.
Planner & Zoning Administrator
KENNY W. BOWERS, Fire Chief
MERIDIAN, IDAHO 83642
JIM JOHNSON
W.L. "BILL" GORDON, Police Chief
Phone (208) 8884433 •FAX (208) 887813
Chairman � Planning 8 Zoning
WAYNE G. CROOKSTON, JR.. Attorney
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995
TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95
REQUEST: Annexation and Zoning of Dixie Lane
BY: D.W. Inc.
LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision,
South of Kearney Place Subdivision North of Dove Meadows Subdivision
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
WALT MORROW, C/C
_MAX YERRINGTON, C/O
_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 R LAMATIOf (PRELIM & FINAL PLAT)
CITY FILES /? „ _ ,
YOUR CONCISE
RECEIVED
F E B 2 1 1995
CITY OF MERIDIAN
HUB OF TREASURE VALLEY
COUNCIL MEMBERS
OFFICIALS A Good Place to Live RONALD R. TOLSMA
MAX
WILLIAM G. BERG, JR., City Clerk ROBERT D. CORRIE
JANICE L. GASS, City Treasurer CITY OF MERIDIAN WALT W. MORROW
GARY D. SMITH, P.E. City Engineer
BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO SHARI STILES
JOHN T. SHAWCROFT, Waste Water Supt. Planner & Zoning Administrator
KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 JIM JOHNSON
W.L. "BILL" GORDON, Police Chief Phone (208) 888-4433 • FAX (208) 887-3813I���IV�D Chairman - Planning & Zoning
WAYNE G. CROOKSTON, JR., Attorney REE
Public Works/Building Department (208) 887-2211
GRANT P. KINGSFORD F E B 2 3 1995
Mayor
CITY OF MERIDIAN
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 recommendation to
Meridian City Hall, Attn-. Will Berg, City Clerk by: March 7 1995
TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95
REQUEST: Annexation and Zoning of Dixie Lane
BY- D.W. Inc.
LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision,
South of Kearney Place Subdivision North of Dove Meadows Subdivision
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
TIM HEPPER, P/Z
_GRANT KINGSFORD, MAYOR
_RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, 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 PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS:
A iS �i/✓sy szX2 �c�� !(�� GL .� QCR%lr `L�
emoi
Y_14,36u�
RECEIVED
MAR 1a19ss
� J CITY OF MERIDIAN
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary
To: DAN WOOD
D.W., INC
2119 E. CHATEAU
MERIDIAN.
.ID 83642 1
From: Karen Gallagher,'Coordinator
Development Services
March 9, 1995
Subject: MERIDIAN ANNEN & ZONE DIXIE LANE N/O FAIRVIEW R -T to R-8
Your application for the above referenced project was acted on by the
Commissioners of the Ada County Highway District on March 8, 1995. The
attached staff report lists conditions of approval and street improvements which
are required.
If you have any questions, please feel free to call me at 345-7680.
KG
cc: Development Services
Chron
J -U -B ENGINEERS
CITY OF MERIDIAN
ada county highway district
318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680
v
1
INTER -DEPARTMENT
ii►� CORRESPONDENCE
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary
TO: ACHD Commission
FROM: Development Services
MAWINGAT/DSTECH
3-8-95
DATE: March 6, 1995
SUBJECT: Annexation & Zone Change Dixie Ln n/o Fairview R -T to R-8
(Applicant - D.W., Inc., Dan Wood, 2119 E. Chateau,
Meridian, ID 83642)
(Representative - J -U -B Engineers, Inc., Gary Lee, P.E.,
250 S. Beechwood Ave., Suite 201, Boise, ID 83709)
FACTS & FINDINGS:
1. The applicant is requesting approval of an annexation and zone
change for a portion of Dixie Lane, a private Road. The prop-
erty contains approximately 0.4 -acres and is adjacent to the
City of Meridian corporate limits on all sides. The site is
located approximately 1/4 mile north of Fairview Avenue and
1/4 mile east of Locust Grove Road.
2. GENERAL INFORMATION:
LEAD AGENCY - City of Meridian
ACRES - 0.4
ZONING - Residential RT (existing
Residential R-8 (requested)
TRAFFIC ANALYSIS ZONE - 265
L.F. OF FRONTAGE ON E. Oakcrest Dr. - 50
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local
ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - None shown
EXISTING RIGHT-OF-WAY - 0 -feet
REQUIRED RIGHT-OF-WAY - 50 -feet (25 -feet from centerline)
Oakcrest Drive terminates at this parcel's west property line
in a "Tee" and is improved with a 36 -foot back-to-back street
section, curb, gutter and 5 -foot sidewalk on both sides.
IMPACT FEE BENEFIT ZONE - WEST ADA
IMPACT FEE ASSESSMENT DISTRICT - WESTERN CITIES
ada county highway district
318 East 37th • Boise, Idaho 83714 9 Phone (208) 345-7680
--. �
Annexation & ZC Dixie Lane n/o Fairview RT to R-8
March 6, 1995
Page 3
3. A request for modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING: DATE OF COMMISSION APPROVAL:
Karen Gallagher
LIAR 0 8 1995
17 1 12
Q
11 W
18 CHATEAU a
28
27
N
-NW CORNER S 1/2
NE 1/4 SN Y
ISEC. 5, T. 3N., R. 1 E., 8.M
FND. 5/8" I.P. W/PLASTIC
jCAP, P.L.S. 972
� S89' 44' 00" E WOOD
20.00' PROPERTY
SCALE: 1 " =100'
MEADOWS < 26
9 10 N
EAST NO. 2 z
E. MEADOW WOOD ST.
21 I 22
22
MONROE
PROPERTY
BARKER
PROPERTY
O
MIRAGE a.�'
21 x 25 iv
W rn w
1= x
20 3 26 W
MEADOWS Z
co
N
E. OAKCREST DR. b
z
SUBDIVISION AKERSTROM
PROPERTY
4 5 6 7
N89' 48' S9" WN89' 48' S9" W
10.00' 20.00' DAVE LEADER PROPERTY
(FUTURE DOVE MEADOWS SUBD.)
AVEST LIMITED PARTNERSHIP �SW CORNER S 1/2
PROPERTY NF 1/4 SW 1/4
SEC. 5, T. 3N., R.1E., B.M.
FND. 5/8" I.P. W/PLASTIC
CAP, P.L.S. 4347
El ANNEXATTION AREA
WlNGATE ANNEXATION MAP
18929
25 W
N
23
b
24 z
89' 50' 22" E
10.00'
•—
N
p
Q
ao
W)
O
of
cp
23
Ld
24
3
Q
>
L
a
�o
N
W
MONROE
PROPERTY
BARKER
PROPERTY
O
MIRAGE a.�'
21 x 25 iv
W rn w
1= x
20 3 26 W
MEADOWS Z
co
N
E. OAKCREST DR. b
z
SUBDIVISION AKERSTROM
PROPERTY
4 5 6 7
N89' 48' S9" WN89' 48' S9" W
10.00' 20.00' DAVE LEADER PROPERTY
(FUTURE DOVE MEADOWS SUBD.)
AVEST LIMITED PARTNERSHIP �SW CORNER S 1/2
PROPERTY NF 1/4 SW 1/4
SEC. 5, T. 3N., R.1E., B.M.
FND. 5/8" I.P. W/PLASTIC
CAP, P.L.S. 4347
El ANNEXATTION AREA
WlNGATE ANNEXATION MAP
18929
CZ
CENTRAL
DISTRICT
HEALTH
DEPARTMENT
Rezone #
Conditional Use #
Preliminary / Final / Short Plat
REVIEW SHEET
Environmental Health Division
%..J I nj u A -Fe
FW
Return to:
MAR 0 1 100- ❑ Boise
E] Eagle
('��"'�'" ❑ Garden city
Meridian
❑ Kuna
Nt=X /x-77 Z),^,J ❑ ACZ
/PND O / -- dl,- 0': � r
E/f Si OF A1/e*625- /C'%i/3opys
❑ I. We have Objections to this Proposal.
(le-
❑ 2. We recommend Denial of this Proposal.
❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal.
❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment.
❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of:
❑ high seasonal ground water
❑ solid lava from original grade
❑ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers:
❑ 2 feet
❑ 4 feet
❑ 7. 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
❑ 8. 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
❑ 9. Street Runoff is not to create a mosquito breeding problem.
❑ 10. This Department would recommend deferral until high seasonal ground water can be determined if other
considerations indicate approval.
❑ 11. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage
Regulations.
❑ 12. We will require plans be submitted for a plan review for any:
❑ food establishment ❑ swimming pools or spas
❑ beverage establishment ❑ grocery store
'�? 13
❑ child care center
Date: � 1021 /'��
Reviewed By: '� k
CDHD 10/91 rcb, rev. II/93 ill
HUB OF TREASURE VALLEY
OFFICIALS
A Good Place to Live
COUNCIL MEMBERS
RONALD R. TOLSMA
Clerk
WILLINGTON
JANIC L. GASSG, JR., T Treasurer
JANICE L. GASS, City Treasurer
CITY OF MERIDIAN
MAX
OBERT D.ICORR E
GARY D. SMITH, P.E. City Engineer
WALT W. MORROW
BRUCE D. STUART, Water Works Supt.
JOHN T. SHAWCROFT, Waste Water Supt.
33 EAST IDAHO f: t('
t— � q_ �
SHARI STILES
Planner & Zoning Administrator
KENNY W. BOWERS, Fire Chief
t'— i
MERIDIAN, IDAHO 83642 �' F1 LL- ��%GC (}
W.L. ''BILL" GORDON, Police Chief
JIM JOHNSON
WAYNE G. CROOKSTON, JR., Attorney
Phone (208) 888.4433 • FAX (208) 887-4813
Chairman . Planning & Zoning
Public Works/Building Department (208) 887-2211 d
GRANT P. KINGSFORD NAMPA & PAER"
Mayor
TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian
Planning & Zoning Commission, please submit your comments and recommendation to
Meridian City Hall, Attn: Will Berg, City Clerk by: March 7, 1995
TRANSMITTAL DATE: 2/21/95 HEARING DATE: 3/14/95
REQUEST:_ Annexation and Zoning of Dixie Lane
BY: D.W., Inc.
LOCATION OF PROPERTY OR PROJECT: East of Mirage Meadows Subdivision,
South of Kearney Place Subdivision. North of Dove Meadows Subdivision
JIM JOHNSON, P/Z
MOE ALIDJANI, P/Z
JIM SHEARER, P/Z
_CHARLES ROUNTREE, P/Z
_TIM HEPPER, P/Z
GRANT KINGSFORD, MAYOR
RONALD TOLSMA, C/C
_BOB CORRIE, C/C
_WALT MORROW, C/C
_MAX YERRINGTON, C/C
_WATER DEPARTMENT
_SEWER DEPARTMENT
BUILDING DEPARTMENT
FIRE DEPARTMENT
_POLICE DEPARTMENT
_CITY ATTORNEY
CITY ENGINEER
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 PLAT)
CITY FILES
OTHER:
YOUR CONCISE REMARKS: Nampa & Meridian Irrigation
District has no comment on this annexation and
zoning request.
_CITY PLANNER
Bill Henson Assistant Water Superintendent
Nampa & Meridian Irrigation Disrrirr
-RECEIVED
MAR - 9 1995
CITY OF MERIDIAN
APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS
The Meridian City Council hereby adopts and approves these Findings of
Fact and Conclusions this 16th day of May , 1995.
ROLL CALL
COUNCILMAN MORROW
COUNCILMAN YERRINGTON
COUNCILMAN CORRIE
COUNCILMAN TOLSMA
MAYOR KINGSFORD (TIE BREAKER)
(INITIAL)
APPROVED
DISAPPROVED
VOTED
VOTED
VOTED
VOTED
VOTED
FINDINGS OF FACT AND CONCLUSIONS OF LAW - D.W. INC. - ANNEXATION
AND ZONING TO R-8
DECEIVED
MAY 15 1995
CITY OF MERIDIAN
May 15, 1995
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
Attn: Meridian City Council
Re: Dixie Lane proposed pedestrian access
Dear Sirs:
We would like to express our concern and objection to a portion
of our property being used to connect a pedestrian access from
Chateau Drive to Dixie Lane.
We would be firmly opposed to any such right-of-way across our
property now or in the future.
Thank you for your consideration.
Sincerely,
ord mood
Margaret M. Wood
cc: file
MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 11 1995
APPLICANT: D.W. INC. AGENDA ITEM NUMBER: 5
REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
COMMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
'Is
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Meridian Planning & Zoning Commission
March 14, 1995
Page 17
the public hearing. We need some action on the conditional use permit.
Alidjani: Mr. Chairman, I make a motion that we have the City Attorney prepare findings.
Shearer: Second
Johnson: It has been moved and seconded to have the City Attorney prepare findings of
fact and conclusions of law, all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #9: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING OF R-8 FOR
.40 ACRES BY D.W., INC.:
Johnson: I will now open the public hearing and invite the applicant or his representative
to come forward and address the Commission.
Gary Lee, 250 South Beechwood, Boise, was sworn by the City Attorney.
Lee: Mr. Chairman and Commissioners, the application tonight before you is zoning and
annexation on four tenths of an acre (inaudible). The property in question consists of a
20 foot wide strip along parcels owned by Monroe, Barker and Kinkerstrom. That piece
of ground is known as Dixie Lane. The ownership of the property is in question and
without clear title. In addition there is a 10 foot strip of property along the eastern side of
Mirage Meadows that was in the same situation, there was question of title on that parcel
as well when Mirage Meadows was platted. Wingate Subdivision which was proposed in
1993 and approved I would like to hand out a reduced copy of (inaudible). As you can see
on the westerly side on the left part of this page there is a strip of land between the
proposed Wingate Subdivision and Mirage Meadows and that is the piece that we are
talking about. At the direction or suggestion I guess of the City Attorney Wayne Crookston
to Dan Wood the developer of Wingate we needed to get that piece of property
straightened out, get the title in order and proceed with annexation of that strip so that the
pieces come together. Dan Wood proceeded with that quiet title action and was
successful. Has obtained ownership along with Monroe's and Barker of that piece of
ground, both the 20 foot Dixie Lane Strip and 10 foot piece that was left off of Mirage
Meadows. The preliminary plat for Wingate is going now into a final plat process and we
have taken into the account the 20 foot and 30 foot strip of land and distributed it
throughout that portion of the development. I brought kind of a work sketch that we
developed at the office for a final plat. (Inaudible) The configuration is basically the same,
there was some modifications in some street alignment due to the shift in there to make
lots usable and at the same we have generated some storm drainage facilities in there that
Meridian Planning & Zoning Commission
March 14, 1995
Page 18
weren't reflected in the original preliminary plat. The other item that we would like to
discuss about this application and the Ada County review documents that you have in your
packets. They had made a special recommendation to the City of Meridian to review the
possibilities of dedicating this parcel of land to the City for a pedestrian and bike path
facilities. I had discussed this particular comment with Ada County Highway District
Technical review committee about 10 days ago and suggested to them that we not
dedicate the entire strip for access, pedestrian access. It would make sense to go ahead
and use that piece south of Oakcrest Drive to provide that pedestrian access to the Avest
property or the future Fred Meyer site, but it would be difficult to extend it north towards
Kearny Place. The biggest reason is that the last phase of Kearney Subdivision was to
include a culdesac layout that would be situated on what is now Gordon and Margaret
Wood's property. If we were to put a 20 foot pathway from there up to Chateau Drive it
would seriously damage that layout. As you can see that last phase of Kearney it is very
critical to have that width to get that culdesac to work. In addition the owners have
expressed concern about having a pedestrian walk path in their back yard in that area and
would not be favorable to that situation at all. I believe that concludes my discussion, if
you have any questions I would be glad to answer them.
Johnson: Thank you Gary, any questions for Mr. Lee? This is a public hearing anyone
from the public like to address the Commission on this issue? Seeing no one then I will
close the public hearing.
Hepper: Mr. Chairman, I move we have the City Attorney prepare findings of fact and
conclusions of law on this property.
Alidjani: Second
Johnson: We have a motion and a second to have the City Attorney prepare findings of
fact and conclusions of law for annexation and zoning of R-8 for .40 acres by D.W., Inc.,
all those in favor? Opposed?
MOTION CARRIED: All Yea
ITEM #10: PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR A
GIFT SHOP AND OFFICE USE BY BRENT AND GWEN ALGER:
Johnson: At this time 1 will open the public hearing and invite a representative or the
applicant to be sworn in and address the Commission.
Gwen Alger, 120 East State Avenue, was sworn by the City Attorney.
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MERIDIAN PLANNING & ZONING COMMISSION MEETING: MARCH 14 1995
APPLICANT: D.W. INC. AGENDA ITEM NUMBER: 9
REQUEST: REQUEST FOR ANNEXATION AND ZONING OF R-8 FOR .40 ACRES
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
BUREAU OF RECLAMATION:
COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
PREVIEWED i ,
SEE ATTACHED COMMENTS 6v��) p
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
SEE ATTACHED COMMENTS
All Materials presented at public meetings shall become property of the City of Meridian.
Y
-'';CGfi\/ C
JAMES E. BRUCE, President
SHERRY R. HUBER, Vice President
SUSAN S. EASTLAKE, Secretary
TO:
FROM:
ACHD Commission
Development Services
SUBJECT: Annexation & Zone Change Dixie Ln
(Applicant - D.W., Inc., Dan Wood,
Meridian, ID 83642)
(Representative - J -U -B Engineers,
250 S. Beechwood Ave., Suite 201,
FACTS & FINDINGS:
1. The applicant is requesting approval
change for a portion of Dixie Lane,
erty contains approximately 0.4 -acres
City of Meridian corporate limits
located approximately 1/4 mile north
1/4 mile east of Locust Grove Road.
2. GENERAL INFORMATION:
LEAD AGENCY - City of Meridian
ACRES - 0.4
ZONING - Residential RT (existing
Residential R-8 (requested)
TRAFFIC ANALYSIS ZONE - 265
INTER -DEPARTMENT
CORRESPONDENCE
MAWINGAT/DSTECH
3-8-95
DATE: March 6, 1995
n/o Fairview R -T to R-8
2119 E. Chateau,
Inc., Gary Lee, P.E.,
Boise, ID 83709)
of an annexation and zone
a private Road. The prop -
and is adjacent to the
on all sides. The site is
of Fairview Avenue and
L.F. OF FRONTAGE ON E. Oakcrest Dr. - 50
FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local
ADA COUNTY RIDGE -TO -RIVERS PATHWAY PLAN - None shown
EXISTING RIGHT-OF-WAY - 0 -feet
REQUIRED RIGHT-OF-WAY - 50 -feet (25 -feet from centerline)
Oakcrest Drive terminates at this parcel's west property line
in a "Tee" and is improved with a 36 -foot back-to-back street
section, curb, gutter and 5 -foot sidewalk on both sides.
IMPACT FEE BENEFIT ZONE - WEST ADA
IMPACT FEE ASSESSMENT DISTRICT - WESTERN CITIES
ada county highway district
318 East 37th 9 Boise, Idaho 83714 • Phone (208) 345-7680
Annexation & ZC Dixie Lane n/o Fairview RT to R-8
March 6, 1995
Page 3
3. A request for modification, variance or waiver of any require-
ment or policy outlined herein shall be made, in writing, to
the Manager of Engineering Services within 15 calendar days of
the original Commission action. The request shall include a
statement explaining why such a requirement would result in
substantial hardship or inequity.
Should you have any questions or comments, please contact the
Development Services Division at 345-7662.
STAFF SUBMITTING:
Karen Gallagher
DATE OF COMMISSION APPROVAL:
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