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CZC A-2015-0008 Building BCERTIFICATE OF ZONING COMPLIANCE REPORT Ci E IDIAN DATE: October 28, 2015 TO: Dyver Development FROM: C.Jay Coles, Assistant City Planner SUBJECT: Westborough Square BLDG B - CZC - A-2015-0008 OWNER: Corey DBarton DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, requests Certificate of Zoning Compliance (CZC) approval of Building A of the Westborough Square multifamily development on 5.4 acres of land in the R-15 and L -O zoning district. The applicant is only proposing development in the R-15 district at this time (2.85 acres). The site is located generally at 6340 N. Jericho Road (address subject to change. Address verifications from 2007 no longer valid and Addressing Specialist, per EMS personnel, require addresses to be changed to allow for easier identification). The overall site layout and building design was approved with CZC-12-014, DES -12-012, ALT -12-002 and CUP -05-027. DECISION The applicant's request for Certificate of Zoning Compliance is approved with the conditions listed in this report. Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. Record a legally binding document that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features, per UDC 11-4-3- 27G. Prior to issuance of Certificate of Occupancy, provide a copy of said document to the Planning Department. 3. Prior to issuance of a building permit, Applicant shall coordinate with the City Addressing Specialist to confirm addressing on the project. New addresses required. 4. Any faded parking lot striping shall be restriped per UDC 11 -3C -6E prior to issuance of Certificate of Occupancy. 5, Detail of the proposed site art amenities shall be submitted with the Building Division submittal for review. Approval of site art from Planning Division is required prior to issuance of building permit. Conditions Document 1 Westborough Square BLDG B - CZC - A-2015-0008 6. Detail/elevations of the carports and garages shall be submitted with the Building Division submittal. 7. Detail of the community garden site amenity shall be submitted with the Building Division submittal. 8. Project is considered a multi -family development and condominiums are not approved. In order to change units into condominiums, Applicant shall complete the Short Plat process per UDC I 1-6B-5. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC I I - 3B -14A. 4. The site plan prepared by The Architects Office on September 14, 2015, labeled ALL is approved as shown in Exhibit B. 5. The landscape plan prepared by The Land Group on July 2, 2007, labeled L1.1, is approved as shown in Exhibit C, with the following comments: a. All site landscaping shall be certified as living by a landscape architect, landscape designer or qualified nurseryman prior to issuance of Certificate of Occupancy. 6. The elevations prepared by The Architects Office on September 14, 2015, labeled A5.0, are approved as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 11. The City of Meridian requires that the owner enter into a Warranty Surety Agreement and post a Warranty Surety in the amount of 20% of the total construction cost for all completed public sewer and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, and must be in place prior to Certificate of Occupancy. Applicant must file an application for surety, which can he found on the Community Development Department website. Please contact Land Development Services for more information at 208-887- 2211. Ongoing Conditions of Approval The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-3B-14. Conditions Document 2 Westborough Square BLDG B - CZC. - A-2015-0008 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The applicant shall comply with the outdoor service and equipment areas standards as set forth in UDC 11-3A-12. a. All HVAC equipment shall be screened. Detail of screening shall be submitted with the Building Division submittal. 4. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (CZC-12-014; DES -12-012; ALT -12-002; CUP -05- 027). 5. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 6. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 7. The applicant shall have an ongoing obligation to maintain all pathways, including along Chinden Boulevard (HWY 20/26). 8. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 9. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 10. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for a multifamily development as set forth in UDC 11-4-3-27. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before November 12, 2015, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if the use has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until October 28, 2016. EXHIBITS A. Vicinity Map B. Site Plan (dated: September 14, 2015) C. Landscape Plan (dated: July 2, 2007) D. Elevations (dated: September 14, 2015) Conditions Document 3 Westborough Square BLDG B - CZC - A-2015-0008 A. Vicinity Map Vicinity Map 0015 °1Miles Legend 1ne niamnm6'n...�mn�Baa ;eNs,on°Mme car a� M n10 an malls nol-, my eo Aosar2ee as to Ibe ann�enl, 6 .Area of.. a __ _ aeurzcY. Umebne5 Te_ nm9lere nes of an, at Ne aa1a i' a poo bea zna a a legzl region sbaay for he Parcels-M."'ahmmrmauon comomca on mr mag 16360 G109 C -C 6375 161 >l16 6317 l3 lj�o, 63ID 1G5v — _ a L G3 _G R_1$ CL EE f St E 6 fi223 / 1325 93 628 S93 £ N 6160 R8 i 7 f, e�'0 26. 250 161 ^.. 02.1- 6 ]al i 623a 6231 of a116 fi21s 6208 EThlee n% COlI1 Pls DIO -2 4313 `< 6200 .6217 6203 .2.1 560 I ` -. _ j O R -IS 6185 6166 612/ o R-2 z 60]5 6100 a°az R4 CC 3 I 6040 230II65 L�E IDIANF Print Date: 9@12015 Conditions Document 4 Westborough Square BLDG B - CZC - A-2015-0008 B. Site Plan (dated: September 14, 2015) sEnoEEs a nieNWiH6471w. �.�.�....,��..P.� spm �..... ^.4_s 4EIERLL MfFt iu.sesi�, E.xwxarts smssox000x co"IM xns MEI PxsaE � Conditions Document 5 Westborough Square BLDG B - CZC - A-2015-0008 cLandscape Pl:(aed:July % &0)7 � � \ o— ��. � Conditions _z 6 Westborough +_ BLDGsu -moo m �\Q�� \�1 ^ \�2»� � �,9 »�IFEIA � � \ o— ��. � Conditions _z 6 Westborough +_ BLDGsu -moo m D. Elevations (dated: September 14, 2015) A Conditions Document 7 Westborough Square BLDG B - CZC - A-2015-0008 BUILDING B Y: Project name:_ File number(s): i Assigned Planner: A- SIS- GoO� Planning Division DEVELOPMENT REVIEW APPLICATION B Applicant Information Applicant name: Dyver Development. Phone: 288-5560 Applicant address: City: 1977 East Overland Rd. Meridian Email: cbarton@cbhhomes.com State: Idaho Zip: 83642 Applicant's interest in property: ♦N Own ❑ Rent ❑ Optioned ❑ Other Owner name: Dyver Development Owner address: City: 1977 East Overland Road Meridian Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: The Architects Office, PLLC Agent address: 499 Main Street Phone: 288-5560 cbarton@cbhhomes.com Email: State: Idaho Zip: 83642 Architect Email Phone: 639-6403 mark@taoidaho.com City: Boise State: Idaho Zip, 83642 Primary contact is: ❑ Applicant ❑ Owner 13 Agcnt/Contact Subject Property Information Location/street address: See below Township, range., section: TAN, R.1 E, B.M. Assessor's parcel number(s): 89318160060 6324, 6332, 6350, 6358, 6366, 6374, 6382, 6390 North Jericho Road Total acreage: 2.85 Zoning district: R-15 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orp/plamulle -1- (Rev. 061122014) Ww' 05-Lpw'� Type of Review Requested (check all that apply) ❑ Accessory Use ❑ Planned Unit Development ❑ Administrative Design Review ❑ Preliminary Plat ❑ Alternative Compliance ❑ Private Street ❑ Annexation and Zoning ❑ Property Boundary Adjustment ® Certificate of Zoning Compliance ❑ Rezone ❑ City Council Review ❑ Short Plat ❑ Comprehensive Plan Map Amendment ❑ Time Extension: ❑ Comprehensive Plan Text Amendment Director/ Commission/Council (circle one) ❑ Conditional Use Permit ❑ UDC Text Amendment ❑ Conditional Use Modification ❑ Vacation: Director/Commission (circle one) Director/ Council (circle one) ❑ Development Agreement Modification ❑ Variance ❑ Final Plat ❑ Other ❑ Final Plat Modification Applicant Information Applicant name: Dyver Development. Phone: 288-5560 Applicant address: City: 1977 East Overland Rd. Meridian Email: cbarton@cbhhomes.com State: Idaho Zip: 83642 Applicant's interest in property: ♦N Own ❑ Rent ❑ Optioned ❑ Other Owner name: Dyver Development Owner address: City: 1977 East Overland Road Meridian Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: The Architects Office, PLLC Agent address: 499 Main Street Phone: 288-5560 cbarton@cbhhomes.com Email: State: Idaho Zip: 83642 Architect Email Phone: 639-6403 mark@taoidaho.com City: Boise State: Idaho Zip, 83642 Primary contact is: ❑ Applicant ❑ Owner 13 Agcnt/Contact Subject Property Information Location/street address: See below Township, range., section: TAN, R.1 E, B.M. Assessor's parcel number(s): 89318160060 6324, 6332, 6350, 6358, 6366, 6374, 6382, 6390 North Jericho Road Total acreage: 2.85 Zoning district: R-15 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orp/plamulle -1- (Rev. 061122014) Project/subdivision name: Westborough Square Phase 1 General description of proposed project/request: Residential/Multi-family Proposed zoning district(s): R-15 Acres of each zone proposed: 2.65 Type of use proposed (check all that apply): IN Residential 0 Office 0 Commercial 0 Employment 0 Industrial 0 Other Who will own & maintain the pressurized irrigation system in this development? Homeowners Association Which irrigation district does this property lie within? Primary irrigation source: Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 32 Number of building lots: 1 Number of common lots: 0 Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: 32 4 or more bedrooms: Minimum square footage of structure (excl. garage): See plans Maximum building height: 2 story Minimum property size (s.t): 124,323 Average property size (s.f ): N/A Gross density (Per UDC ll -IA -1): 74 Net density (Per UDC 1 I -IA -1): N/A Acreage of qualified open space: .32 Percentage of qualified open space: 11.3 Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): N/A Amenities provided with this development (if applicable): See site plan Type of dwelling(s) proposed: 0 Single-family Detached 0 Single-family Attached 0 Townhouse 0 Duplex t Multi -family 0 Vertically Integrated 0 Other Non-residential Project Summary (if applicable) N/A Number of building lots: Common lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Mark Applicant signature: !� Date: September 17, 2015 Community Development n Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.ore/ulanning -2- (Rev. 0 611 212 0 1 4) ARCHITECTS Date: September 17, 2015 To: Planning Department City of Meridian 33 E. Broadway Meridian, Idaho 83642 Project: Westborough Square Condominiums, Buildings A, B, E, F, G, H, J, K Subject: Certificate of Zoning Compliance Application PROJECT LETTER Job No. 06-325 From: Mark Sanders 499 Main Street Boise, ID 83702 V (208) 343-2931 F (208) 343-1306 Please accept this Certificate of Zoning Compliance Application for the above referenced project. This application is for eight 4-plex buildings and eight garage buildings on Lot 7, Block 1, Westborough Square Subdivision. The use of these buildings will be multifamily residential buildings. Previous approvals: FP 05-075 AZ 05-018 PP 05-020 CUP 05-027 Thank -you for your consideration and please call with any questions or concerns, 639-6403. Sincerely, Mark Sanders The Architects Office, PLLC ADA COUNTY RECORDER J. DAVIT VARRO AMOUNT 4.00 3 BOISE IDAHO 10113/05 04:58 PM RECORDED —REQUEStt TDEPUTY Gall Garre OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII'll III L LandArn1�: rices Transnation Title 105153028 Transnation Escrow No. 0500036fl1B ..�q/�I WARRANTY DEED FOR VALUE RECEIVED STETSON PROPERTIES, LP, an Idaho Limited Partnership GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL AND CONVEY unto: DYVER DEVELOPMENT LLC, an Idaho Limited Liability Company GRANTEES(s), whose current address is: P.C. Box 369 , Meridian, ID 63660 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: See Attached Exhibit "A" TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said heirs and assigns forever. And the said Grantm(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owners) in fee supple of said premises; that said premises are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements. rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not ,vet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims. whatsoever, Date: October 12, 2005 Stetson Properties, LP by Eck Properties, LLC, General Partner Eby Tim W. Eck, Member Notary Acknowledgment— see page 2 WARRANTY DEED - NOTARY ACKNOWLEDGMENT(S): State of Idaho. County of Ada, ss. GT On this day of October in the year of 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Tim W. Eck as Member of Eck Properties, LLC known or identified to me to be the General Partner in the partnership of Stetson Properties, LP and the partner(s) who subscribed said partnership's name to the foregoing instrument, and acknowledged to me that he/she/they executed the same in said partnership name. ;iding at:,/ Residing: Boise, Idaho commission expires: Commission Expires: 06/01 MIl .•`'�X nuq -,O 4 '•. c 140T4 •• sy, R ; rn ;a V- PUBLIC o A •,. •y9T� OF 11) � .0.•`•••. EXHIBIT "A" Lot 6 in Block 1 of WESTBOROUGH SUBDIVISION, according to the official plat thereof, filed in Book 87 of Plats at Pages 9884 through 9886, records of Ada County, Idaho. EXCEPTING the parcel of land deeded to the State of Idaho, Idaho Transportation Department, recorded April 21, 2004 as Instrument No. 104048110 as follows: A parcel of land located in the Northeast quarter of the Northeast quarter of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, referencing Record of Survey No. 5692, more particularly described as follows: Commencing at the Northeast corner of said Section 30, marked by a 3.5 inch brass cap; thence North 89051'35" west coincident with the North line of the Northeast quarter of the Northeast quarter of said Section 30, a distance of 1,31.7.00 feet to a 5/8 inch rebar/cap PLS 4431 marking the Northwest corner of said Northeast quarter of the Northeast quarter; thence South 00029'56" west coincident with the West line of said Northeast quarter of the Northeast quarter, a distance of 40.00 feet to a 5/8 inch rebar/cap PLS 4431 on the South right-of-way line of Chinden Boulevard (U.S. Highway 20/2.6); thence South 89051'35" East coincident with said South Tight -of -way line of Chinden Boulevard and parallel with the North line of said Northeast quarter of the Northeast quarter, a distance of 2.00 feet to a 5/8 inch rebar/cap PLS 5461 and the POINT OF BEGINNING; thence continuing South 89051135° East coincident with said South right-of-way line of Chinden Boulevard, and parallel with the North line of said Northeast quarter of the Northeast quarter, a distance of 576.69 feet to a 5/8 inch rebar/cap PLS 4431; thence South 00037'36" West, 30.00 feet to a 5/8 inch rebar/cap PLS 5461; thence North 89051135" West parallel with the North line of said Northeast quarter of the Northeast quarter, a distance of 576.62 feet to a 5/8 inch rebar/cap PLS 5461; thence North 00029156" East parallel with said West line of the Northeast quarter of the Northeast quarter, a distance of 30.00 feet to the POINT OF BEGINNING. MapQuest: Maps MAPOUEST - E Chinden Blvd & N Jericho Rd Meridian ID 83646 US Notes: Only text visible within note field will print. MAVpUE'S* Fergie rslaod W, Eagle Wand Slate r Park c T A L. physlis canal ""fad Gaff Course hinders Blvd z C w fi c M Page I of 1 a fro* $5O Fairhl kcAmL =Learnre. ITAftm W GS Hpe,`e �t Sc/vG v'd! SVJ v Saul C Snn rn rt ianburr dial/ Club Z C z < ro- m' c n a F E McMillan Rd E Stat Ln z a %ttleri 02C076Sap0uesl Inc.. All rights reserved. Use Subject to License/Copyri.ght ElChinden Btvd z w K N E Ustick Rd W Usttt?.?pa7NAVT40 This map is informational only. No representation is made or warranty given as to its content. User assumes all risk of use. MapQuest and its suppliers assume no responsibility for any loss or delay resulting from such use. http://www.mapquest.com/mapslprint.adp?mapdata=0E4 WNszg W9z293ZOzJm%252b0eh... 7/9/2007 --4 pl p.. 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'a' r j 5s nl d �4.a 11 > €, pp .W Oil 1 1111111 W o O a § oil 111 1111111111 ZMIN on0 Z J dFgFg y d` r L i. sss�ppp�y � I �Yi^✓.nhtWa x nv n. c[,yr[ r'^n=ia._awnm+witW[II'.-1[Tmrcumendmmr6al nn 1i3��■■■I!ilIISl� Il�IISlIIII 5€ r r at F" ATS%" a 11 MINI 21619 �gg e g 4 a ;3a �e E. E E b LLi "E 11 11 Id I 1 51 1 H1 k =fib p3� , z IIsiIN 8 �%�-kik C3. MEMO 11$_�I �■■ ��p a �- '�© w ■■■ i. O w 0 � ■ �1p fl 1 . ',9' IO it _ CALCULATION TABLE FOR LOT 7, BLOCK 1 WESTBOROUGH SQUARE SUBDIVISION MERIDIAN, IDAHO Parking stalls required: 80 Parking stalls provided: 88 6 accessible spaces (including accessible garage space) 40 garage spaces Building Area Residential buildings First Floor 2,407 s.f. Second Floor 1,625 s.f. Total 4,032 s.f / building 10 buildings = 40,320 s.f for project Garages 9 buildings at 840 s.f. 1 building at 945 s.f. Total = 8,505 s,f, Lot area: 124,323 s.£ / 2.85 acres Setbacks Chinden Blvd. 30 ft. East 15 ft. South 15 ft. West 15 ft. Zoning district: R-15 Q3.f.:LV�Id V':1 ¢ e'Lb r _ � N NnuII QYOX 3AOtI'J .LS[3a07 'N— p. u Ali F y o L z3 K W O N w �� [ z u rc w $ � I �Iti BOY I 'S_'C9f L .,mw �.0 eV aS,o o Wn u N m ° Q3.f.:LV�Id V':1 ¢ e'Lb r _ � N NnuII QYOX 3AOtI'J .LS[3a07 'N— p. u Ali F y o L Ell collo �� E e m I �Iti BOY I 'S_'C9f L .,mw �.0 eV aS,o W/y QYO$ OHOI83l 'N .LCYaZt 3 ,9S;8L00 N [ZCI 3.9S.BL00 N 00 Q3.f.:LV�Id V':1 ¢ e'Lb r _ � N NnuII QYOX 3AOtI'J .LS[3a07 'N— p. u 0 ow�Wl^° mh ¢ -ala W m nlll p N eE 0 3. sf E 5 i Cla Orym mer y W V w „YAI sn W\I h e M_WC zw 6 of luowl°°oap lollodsuvl 4PPI m3 P pvsotlo� aP:MV OL � / z� p / � III ry —:SC f97— Sa m 0 i r+9 P 6C [ Ali EN- ,OZ L y collo �� E e m I �Iti BOY I 'S_'C9f L �.0 !— QYO$ OHOI83l 'N .LCYaZt 3 ,9S;8L00 N [ZCI 3.9S.BL00 N 0 ow�Wl^° mh ¢ -ala W m nlll p N eE 0 3. sf E 5 i Cla Orym mer y W V w „YAI sn W\I h e M_WC zw 6 of luowl°°oap lollodsuvl 4PPI m3 P pvsotlo� aP:MV OL � / z� p / � III ry —:SC f97— Sa m 0 i r+9 P 6C [ Ali EN- ,OZ L �� �Iti BOY 'S_'C9f L !— QYO$ OHOI83l 'N .LCYaZt 3 ,9S;8L00 N [ZCI 3.9S.BL00 N iN t EN- In =r.m; \) s \} E k \ ntcm §'&§§ - ; ,w&.,■: .., ,!■§ - |! �.�� k 7 ; 2 \ !:. �.��. __■■!�,_ |!k\ /§( . ��� ;-�;§ . `.&: § - :-. - - §# E■I! 2 ; |§N §|, . _� �;!■■ §22 LU o . §�E; . . - El;z| ■ u ■ § § §2252§§ §() §���� ) §�§�kk§ �■ \| � \ L Ir b m AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 1, 00-eLA 6ar47YA F Oye�f�t ld l y d , (name} (address) �i._1 (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: 1kc. 7'tt'"C,.vt,4- _C'h to Eb (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this c}ly- day of DClkec— , 20 1S (Signature) SUBSCRIBED AND SWORN to before me the day and year fist above � 0 •�/,��S�T AO,�¢�d('1 (Notary Public for Idaho) a Residing at. ii P),-/21, . C 4 ( p My Commission Expires: Con nunity Development a Planning Division .33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-858-6854 rvtrw nreridiancity or¢/nl.mnine Clay Coles From: Austin Miller <Amiller@achdidaho.org> Sent: Wednesday, October 28, 2015 12:50 PM To: C.Jay Coles Subject: FW: Westborough Square Sub Attachments: DOC.PDF Hi C.Jay, I stand corrected. After further discussion that easement has been released. I will no longer be reissuing my response. And one of my coworkers has been in communication with the applicant. Sorry for the confusion. Thanks, Austin From: Gary Inselman Sent: Wednesday, October 28, 2015 12:45 PM To: Jeanne Gage Cc: Austin Miller Subject: FW: Westborough Square Sub Here is the release of easement we discussed. From: Gary Inselman Sent: Tuesday, August 25, 2015 4:20 PM To: 'Sonya Watters' Subject: RE: Westborough Square Sub Sonya, That easement was released. Please see the attached. Thanks, Gary. Gary Inselman Development Services Manager Ada County Highway District 3775 N. Adams Street Garden City, ID 83714 Office: (208) 387-6170 Fax: (208) 387-6393 ginselman cDachdidaho.org "We drive quality transportation for all Ada County —Anytime, Anywhere!" From: Sonya Watters [mailto:swatters@meridiancity.org] Sent: Tuesday, August 25,-.20 ,5 8:37 AM To: Gary Inselman' Subject: Westborough Square Sub Hi Gary, Can you tell me if the ACHD easement across Lot 6 on the attached plat has been vacated? Thanks, s.Y. wa"' , Associate Planner, Planning Division City of Meridian - Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, ID 83642 208-884-5533 ext. 0578 www.rneridiancitV.org 3 AOA COUNTY RECORDER J. DAVID NAVARRO a BOISE IDAHO 02110104 11,37 AM DEPUTY Db 0rbIII IIIIIIIIIIIIIIIIIIIIIIIIIIII'II I�I RECORDED -REQUEST OF 1 Ada County Highway Diel 104106186 Westborough Subdivision AMOUNT .00 Sec. 30 T. 4N.,R.1E. RELEASE OF DRAINAGE EASEMENT This RELEASE, made the Z' qday of 2004 by the Ada County Highway District, a Body Politic and Corpbfate of the State of Idaho, acting by and through its Board of Commissioners, hereinafter referred to as "RELEASOR". WHEREAS, the Final Plat of WESTBOROUGH SUBDIVISION platted an easement for permanent public utilities, drainage, and irrigation Easement on each side of interior lot lines, filed as Instrument No. 103166998, according to the official plat thereof, filed in Book 87 of Plats at Pages 9884, 9885, 9886 and 9886 records of Ada County, Idaho, and WHEREAS, the fee title owner of Lot 7, Block 1 of said Westborough Subdivision as requested release of such easement in order to obtain a lot line adjustment from the City of Boise, Idaho, and WHEREAS, the Easement, insofar as it relates to storm water drainage and any other rights granted to Releasor thereby, more particularly described as follows: EXHIBIT "A" is no longer necessary to the needs of RELEASOR, and RELEASOR desires to release its interest in such Easement to the Servient Estate. NOW, THEREOF, be it known that the Releasor, hereby releases the above described Servient Estate from the Easement, insofar as it relates to storm water drainage and any other rights granted Releasor thereunder, and hereby abandons any claim it may have thereunder to the use of the Servient Estate. IN WITNESS WHEREOF, the Director of Ada County Highway District, having been duly authorized, does hereby release the foredescribed Storm Water Drainage Easement. SUBSCRIBED AND SWORN this 2le�`day of, 2004, by the Director of Ada County Highway District. ADA COUNTY HIGHWAY DISTRICT By: 7' y William J. Schweitzer. Dire or Release of Drainage Easement — 2 STATE OF IDAHO ) ) SS: COUNTY OF ADA ) On this 5��day of �, 2004, before me, S u s,, n K . S � C' U-y�,'�-r a Notary Public in and for the to of I aho, p rs�onally appeared Wi4fiarn-J. vin; J ..I C'. Brakes Sshwsitaer, known or identified to me to be thnirb%r of the Ada County Highway District, the person who executed this instrumAi t be behalf of said Highway District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official the day and year first above written. a p'S AR y '•� P PUBS : O •'••. t T E of 1. •'• Notary Public for the State of Idaho Residing at Boise, Idaho My Commission Expires: 4 EXHIBIT AA PARCEL DESCRIPTION ACHD DRAIN EASEMENT September 2, 2003 Project: WESTBOROUGH SUBDIVISION Project No.: 30363 A parcel of land located in the northeast 1/4 of the northeast '/4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, referencing Record of Survey No. 5692, more particularly described as follows: COMMENCING at the northeast comer of said Section 30, marked by a 3.5" brass cap; Thence North 89°51'35" West coincident with the north line of said northeast '14 of the northeast %4 a distance of 1317.00 feet to a 5/8" rebar marking the northwest comer of said northeast '/4 of the northeast 94; Thence South 00°29'56" West coincident with the west line of said northeast 114 of the northeast %4 a distance of 197.66 feet to the POINT OF BEGINNING; Thence South 74°44'51" East, 99.80 feet; Thence South 60'06'12" East, 36.43 feet; Thence South 47°52'54"East, 79.55 feet; Thence South 70°49'35" East, 279.98 feet; Thence South 79°54'57" East, 22.25 feet; Thence South 77°02'26" East, 105.42 feet; Thence South 00°37'36" West, 40.94 feet; Thence North 77°02'26" West, 113.16 feet; Thence North 79°54'57" West, 24.43 feet; Thence North 70°49'35" West, 291.28 feet; Thence North 47°52'54" West, 83.39 feet; Thence North 60'06'12" West, 27.01 feet; Thence North 74°44'51°' West, 84.13 feet to said west line of the northeast 114 of the northeast 1/4; Westborough 9/2/2003 D. Sharkt, IL] Enterprises 1:\ Projects\JLL7 Enterprises\survey\legals\ACHD DRAIN Page 1 of 2 Thence North 00°29'56" East coincident with the west line of the northeast 1A of the northeast 1/4 a distance of 441.36 feet to the POINT OF BEGINNING; The parcel above described contains 0.57 acres more or less. The basis of bearings for the above description is North 89°51'35" West between the 3.5" brass cap marking the northeast comer and the 3.5" brass cap marking the north '/< comer of Section 30, Township 4 North, Range 1 East, Boise Meridian. Together with and subject to covenants, easements, and restrictions of record Westborough 9.'22003 D. Shorl'cp JLJ Enterprises N Proi.ects\JLJ Enterprisestsurvey legals\ACHD DRAIN Page 2 of 2