Application MaterialsHearing Date: September 21, 2017
File No.: H-2017-0115
Project Name: Pond Subdivision - PP
Request: Request for a preliminary plat consisting of 21 building lots and 5 common lots on 4.82
acres of land in an R-8 zoning district, by Schultz Development.
Location: The site is located at 2980 N. Meridian Road in the NW 1/4 of Section 6, Township 3N.,
Range 1E.
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AUG 0 3 2011 I I
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Planning Division
EVELOPMENT REVIEW APPLICATION
/e0�fIA4 11h � 9-2/47
STAFF USE ONL . e Su bd
Projectname: / 0 $ d , 44-X
File number(s): ' -- , t y
Assigned Planner: J b (k Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use
❑ Planned Unit Development
❑ Administrative Design Review
CIAPreliminary 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
rmation
Applicant name: �� C t -a �' —Applicant address: -Pb�� ,
City: ( �-
Email:
State
Phone:l
ID Zip: 93C -93c>
Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned 719ther
Owner name: p�'� 'Po -,,k Phone:
Owner address: Email: �rn
city: �,r-ld,`L�.,� State: L Zip:
Agent/Contact name e.g., architect, ngine e��velope^�r, �presentative):
Firm name:
Z- QrpPhone:
Agent address: VO 04— 1(,� 5 Email:
City: c6, a -v.- State: L") Zip: ���� O •ae �
Primary contact is( Applicant ❑Owner IA.gent/Contact
ect Property Information
Location/street address: -7-�100 'W - MP--f-kc" art Township, range, section: `'� 'I 1
Assessor's parcel number(s): S I L 062'227—
C' S � Total acreage:0 Zoning district:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www meridiancity.org/planniDg
(Rev. 06/1212014)
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Project/subdivision name:
Gt S "Xt vk S `c-"'
General description of proposed project/request: _
�_b-4_-P, c>v,
Proposed zoning district(s): _
Acres of each zone proposed:
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02
Type of use proposed (check all that apply):
residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other
Who will own & maintain the pressurized irrigation system in this development? l
Which irrigation district does this property lie within? V " /-k— ( C)
Primary irrigation source: V� 1 Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): .z O 50
Residential Project Summary (if applicable)
Number of residential units: ?i( Number of building lots: <Z++
Number of common lots: 5 Number of other lots: dp
Proposed number of dwelling units (for multi -family developments only): -
1 bedroom: 2-3 bedrooms: q 4 or more bedrooms:
Minimum square footage of structure (excl. garage): l �2— / S F— Maximum building height:
Minimum property size (s. fl: C) Average property size (s.£): �2
Gross density (Per UDC 11-1A-1): /` r- Net density (Per UDC 11-1A-1): L A-7 'DL
Acreage of d open space: b- Percentage of qaa Pied open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
p
V\-".'
—moi A
Amenities provided with this development (if applicable): _
Type of dwelling(s) proposed: Ingle -family Detached
❑ Duplex ❑ Multi -family ❑ Vertically Integrated
Non-residential Project Summary (if applicable)
Number of building lots:
Gross floor area proposed:
Hours of operation (days and hours):
Total number of parking spaces provided:
Authorization
Print applicant naml
Applicant signature:
❑ Single-family Attached ❑ Townhouse
❑ Other
Common lots: Other lots:
Existing (if applicable):
Building height:
Number of compact spaces provided:
Date:
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org//planning
-2- (Rev. 06/1212014)
August 3, 2017
City of Meridian
Planning and Zoning Commission and City Council
c/o City of Meridian Planning Department
33 E. Broadway Avenue
Meridian, ID 83642
RE: Pond Subdivision
Preliminary Plat Application
Dear Commissioners and City Council Members:
On behalf of Schultz Development, LLC and Berkeley Building Company, please accept this
application for the Preliminary Plat for the Pond Subdivision located at 2980 N. Meridian
Road, approximately 500 feet south of Ustick Road on the east side of Meridian Road. We are
requesting a preliminary plat for 21 building lots and 5 common lots on 4.82 acres previously
annexed into the City of Meridian in 2013.
Site History
This property was approved for annexation into the City of Meridian on January 22, 2013 with
the Tomorrow's Hope application (AZ 12-014 and CUP 12-020) with an R-8 zoning and a
development agreement (Inst. #1130019366) on 6.99 acres. The 2 acre property to the north
consists of 2 assisted living houses owned and operated by the Pond Family Revocable Living
Trust. The subject 4.82 acre property has a single-family residential home and 2 outbuildings
that will remain on a platted lot within the proposed subdivision plat. Both properties take
access from a single shared driveway out to Meridian Road.
Surrounding Uses and Zoning
The site is 4.82 acres excluding the right-of-way for Meridian Road under contract with ACRD
to purchase for the road widening project underway adjacent to the site (see attached
unrecorded deed and purchase agreement).
The site consists of 2,570 SF single family home, 2 outbuildings, and pasture. The property to
the south across the Onweiler Lateral is an existing R-8 subdivision. The property across
Meridian Road is zoned R-15. The property to the east is undeveloped County RUT property.
Proposed Preliminary Plat
In conformance with the existing R-8 zoning, the submitted preliminary plat has 21 building
lots and 5 common lots on 4.82 acres for a gross density of 4.35 dwelling units per acre. The
lot sizes range from 4,129 SF to 32,255 SF (House Lot) with an average size of 6,731 SF. With
the existing house lot excluded from the calculations (0.74 acres), the remaining 4.08 acres has
a gross density of 4.96 dwelling units per acre and an average lot size of 5,109 SF. We are not
requesting any variances or deviations from the R-8 zoning ordinance for this site.
Sewer and Water Service
The Pond Subdivision will be serviced by recently installed 8 -inch sewer and water mains
constructed at the northwest property line at Meridian Road with adequate depth and capacity
to service the site.
Pressure Irrigation
Irrigation water will be provided to the site by the Nampa -Meridian Irrigation District (NMID)
via the Onweiler Lateral on the south property line. We understand either an upgrade to the
existing NMID regional pump station or a new pump station may be required depending on
final engineering plans and NMID requirements for development. Individual pressure
irrigation services will be provided to every lot in the subdivision.
Gravitv Irrie-ation
An existing private field delivery for properties to the northeast will be piped along the east
boundary of the site in a 12" pipe. We are requesting a waiver for the tiling of the Onweiler
Lateral due to the size of the facility and adjacent subdivisions have not tiled it. We estimate
the size of the facility to be at least,,48-inches if tiled.
�'D('
Roadways and Storm Drainage
The site is immediately accessible to Meridian Road in the northwest corner of the site.
Meridian Road widening work is currently underway adjacent to the site with a new median to
be built at this location. As such, the site entrance for will be limited to Right -In, Right Out
access.
The proposed interior roadway will be ACHD approved and maintained with 47 feet of right
of -way and 5 foot attached sidewalks/roll curb on both sides and parking allowed on both sides
of the street. The 20 -foot -wide private driveway serving the easterly 5 lots is designed to meet
City of Meridian Fire Department turn -around length and approach radius requirements. In
addition, a 5 -foot -wide landscape buffer and 6 -foot -high fence will be constructed on the west
side of the driveway for the full length.
Storm drainage will be mitigated by underground seepage beds and/or shallow retention basins
in accordance with ACHD design criteria as designed during the final plat and development
plan process.
Architecture
The Pond Subdivision site has been designed to allow for a mix of 34 -foot and 40 -foot -wide
detached houses to be constructed on 44 -foot and 50 -foot wide lots within the R-8 dimensional
and setback standards of the City of Meridian. The homes proposed by Berkeley Building
Company will be a mix of single- and two-story homes ranging in size from 1,329 SF -2,242 SF
with quality elevations and materials similar to those included with the application.
Variances
The site design for the Pond Subdivision exceeds the minimum requirements of the R-8 zoning
ordinance and no variances are requested with this application.
City Council Waivers
As previously mentioned, we are requesting a waiver from City Council for the Onweiler
Lateral Tiling due to the facility size. The Lateral will be fenced with a 6 -foot -high wrought
iron fence for the full length and the 35 -foot -wide ditch access easement will be maintained by
the Pond Subdivision HOA.
In addition, the existing shop located north and slightly east of the front of the existing house
does not meet code stating accessory dwellings are not to be constructed in front of the home.
We are requesting the shop be allowed to remain since it is already existing for many years
when it was constructed in the County, it is partially behind the front of the house, and it is
located over 120 feet back from the public right-of-way on a large 3/4 acre lot.
Summary
The proposed preliminary plat application for the Pond Subdivision carefully considered all
aspects of the Meridian Zoning Ordinance, the Meridian Comprehensive Plan, site location,
surrounding neighborhoods, and the housing market in Meridian to develop a high-quality
residential development that exceeds the minimum development standards and provides
excellent design characteristics. We respectfully request your approval of these applications.
Sincerely,
Matt Schultz
Schultz Development LLC
A parcel of land located in the NW 1/4 of the NW 1/4 of Section 6, Township 3 North,
Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the NW corner of said Section 6 from which the West 1/4 corner of said
Section 6 bears South 00°17'20" West, 2658.34 feet;
thence along the West boundary line of said Section 6 South 00017'20" West, 569.20
feet;
thence leaving the said West boundary line South 89033'40" East, 59.33 feet to a point
on the East right-of-way line of N. Meridian Road, said point also being the REAL POINT OF
BEGINNING;
thence continuing South 89033'40" East, 344.99 feet;
thence North 00026'20" East, 8.53 feet;
thence South 89033'40" East, 75.55 feet;
thence South 00026'20" West, 8.53 feet;
thence South 89033'40" East, 109.73 feet;
thence South 00017'20" West, 467.61 feet to a point on the North boundary line of
Highgate Subdivision Phase 2 as filed in Book 90 of Plats at Pages 10,514 through 10,515,
records of Ada County, Idaho, said point also being on the centerline of Onweiler Lateral;
thence along the said North boundary line and along the centerline of the Onweiler
Lateral the following four course and distances:
thence South 80°27'38" West, 1.31 feet;
thence South 88°07'04" West, 67.45 feet;
thence North 85038'57" West, 72.50 feet;
thence North 67026'44" West, 49.00 feet to NE corner of Silhouette Subdivision as filed
in Book 87 of Plats at Pages 9,846 and 9,847, records of Ada County, Idaho;
thence along the North boundary line of said Silhouette Subdivision and along the
centerline of Onweiler Lateral the following three course and distances:
thence North 63058'43" West, 120.07 feet;
Page 1 of 2
thence 78.54 feet along the arc of a curve to the right, said curve having a radius of
500.00 feet, a central angle of 09*00'00" and a long chord of 78.46 feet which bears North
59'28'43" West;
thence North 54058'43" West, 219.84 feet to a point on the East right-of-way line of N.
Meridian Road;
thence along the said East right-of-way line the following three course and distances:
thence North 01 °27'21" East, 60.05 feet;
thence North 12'45'57" East, 40.79 feet;
thence North 01 °27'21" East, 131.35 feet to the REAL POINT OF BEGINNING.
Containing 4.82 acres, more or less.
M
Page 2 of 2
4
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.Title0n'e
aaicic \ rsceo,r
Co.,
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 2
BOISE IDAHO 07113105 04:24 PM 1 11
DEPUTY DNikole —RE0laon
RECORDED—REQUEST OF
Title One 105094510
FOR VALUE RECEIVED, THAIR POND, as trustee of THE POND FAMIL Y REVOCABLE
LIVING TRUST
Does hereby convey, release, remise and forever quit claim unto
THAIR POND, AN UNMARRIED MAN
whose current address is: 2980 N MERIDIAN RD MERIDIAN, ID 83642
the following described premises:
SEE ATTACHED EXHIBIT "A"
TO HAVE AND TO HOLD the said premises, unto the said grantees, heirs and assigns forever.
Date: JULY 8, 2005
r
By:
THAIR POND, TRI.YSTEE
STATE OF IDAHO
COUNTY OF CANYON
ON THIS 8TH DAY OF JULY IN THE YEAR 2005, BEFORE ME, THE UNDERSIGN ED, A
NOTARY PUBLIC IN AND FOR SAID STATE PERSONALLY APPEARED THAIR POND, KNOWN
OR IDENTIFIED TO ME TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT, AS TRUSTEE OF THE POND FAMILY REVOCABLE LIVING TRUST
AN ACKNOW EDGED TO ME THAT HEISHE/THEY EXECUTED THE SAME AS TRUSTEE.
®O4"
ATTENKE
RESIDING AT: NAMPA
MY COMMISSION EXPIRES ON:07/09/05�® ®'C�.YtX
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A parcel of land in Lot 4 of Section 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more
particularly described as follows:
BEGINNING at the Northwest corner of said Section 6, Township 3 North, Range 1 East, a bronze cap; thence
South 569.2 feet along the West boundary line of said Section 6 to a point, the REAL POINT OF BEGINNING;
thence
South 210.4 feet along the West boundary line of said Section 6 to a point; thence along the centerline of an
irrigation ditch through the following two courses and distances; thence
South 59°30' East, 469.0 feet to a point; thence
South 83°34' East, 186.6 feet to a point; thence
North 467.8 feet to a steel pin; thence
North 89°51' West, 589.6 feet to the REAL POINT OF BEGINNING.
Exhibit "A'
Legal Description
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
R/W Parcel No: 28
T3N, R 1 E, Sec. 06
APN: S1106222656
SALE AND PURCHASE AGREEMENT
(Partial Acquisition)
THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made and entered into this 18th day of
May, 2015, by and between Thair Pond ("Seller") and Ada County Highway District ("ACHD");
WITNESSETH;
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1, Definitions. As used in this Agreement, the following terms shall have the following meanings:
(a) The term "ACHD" shall refer to ADA COUNTY HIGHWAY DISTRICT, a body politic and
corporate of the state of Idaho whose address is 3775 Adams Street, Garden City, Idaho
83714, and the person to contact at ACHD is Barbara Burton, whose telephone number is
(208) 387-6275,
(b) The term "Closing Date" shall mean the date that is within thirty (30) days of receipt of
partial reconveyances from mortgagees of the Property, but in no case later than one year
past the day, month and year first above written; provided, by written addendum signed by
both parties and delivered to Closing Agent, the Closing Date may be rescheduled to such
date as the parties agree. The Closing Date may also be extended, and in either event the
Closing Date shall then mean such rescheduled date. Notwithstanding anything contained
in this Agreement to the contrary, in the event such partial reconveyances are not received
by ACHD within one year of the date of this Agreement, in lieu of Closing, ACHD shall
commence a friendly condemnation action with Seller, whereby Seiler and ACHD shall
stipulate to the terms contained herein and in that certain Compensation Summary of even
date herewith and related agreements. Such friendly condemnation shall be at ACHD's
sole cost and expense, however, Seiler shall be solely responsible for the costs and
expenses of its own legal counsel associated with such friendly condemnation unless
ACHD violates the terms contained in that Certain Compensation Summary of even date
herewith, this Agreement and/or related documents. Seller shall not be liable for any
costs or expenses related to or arising out of such friendly condemnation, in the event of
such friendly condemnation action, the Closing Date shall be date on which such friendly
condemnation action is concluded.
(c) The term "Deed" shall mean the warranty deed attached hereto as Exhibit "A" , The Deed is
hereby incorporated into this Agreement, by this reference.
Page 1 of 12
�P
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
R/W Parcel No: 28
UN, R1 E, Sec. 06
APN: S1106222656
(d) The term "Temporary Easement" shall mean the Temporary Easement as described and/or
depicted on Exhibit "A" to the Temporary Easement, The Temporary Easement is hereby
incorporated into this Agreement, by this reference
(e) The term "Hazardous Materials" shall mean any substance, material, or waste in amounts
that are regulated as hazardous by any federal, state or local governmental authority.
(f) The term "Project" shall refer to the highway improvement program being undertaken by
ACRD internally known as Project Number 313039 and commonly known as the Ustick
Road and Meridian Road and more particularly described in the official ACHD right of way
plans dated April 15, 2014.
(g) The term "Properly" shall refer to the real property described on the Exhibit "A" attached to
the Deed.
(h) The Property is a part of a larger parcel of real property owned by Seller, and the term
'Remaining Property" shall refer to the remainder of the parcel of real property which will
continue to be owned by Seller after this transaction is closed, and shall include the
Temporary Easement Area.
(i) The term "Seller" refers to the above-named Seller whose telephone number is 208-384-
1800,
SECTION 2. Recitals,
2.1 ACHD is a single county -wide highway district organized and existing under the laws of the
state of Idaho, with the responsibility and jurisdiction and authority to acquire public right-of-way and
construct and improve highways in Ada County, Idaho, and in that connection has undertaken the Project
2.2. In lieu of condemnation and in furtherance of the Project and for the price and on the terms
and conditions hereinafter set forth, ACHD desires to purchase the Property from Seller, acquire the rights of
access and use of the Temporary Easement Area set forth in the Temporary Easement, and pay for any
damages which may accrue to the Remaining Property and/or any eligible business located thereon by
reason of its severance from the Property and the construction of the Project, and for the price and on the
terms and conditions hereinafter set forth Seller is willing to sell and grant the same to ACHD and settle
such damage claims, if any,
SECTION 3, Agreement to Sell and Purchase Propert and Grant Temporary Easement For the
purchase price and on the terms and conditions hereinafter set forth, Seiler hereby agrees to sell, grant and
convey the Property and grant the rights of access and use of the Temporary Easement Area to ACHD, and
ACHD hereby agrees to purchase the Property, subject to the Exceptions to Title, and acquire the rights set
forth in the Temporary Easement(s) from Seller,
Page 2 of 12 %
G
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
R/W Parcel No: 28
T3N, R1 E, Sec. 06
APN: S1106222666
SECTION 4, Damages to Remaining Property: Release and Survival. The parties agree that the
purchase price set forth in Section 5 includes reimbursement for any and all damages which may accrue to
the Seller's Remaining Property and/or any eligible business located thereon by reason of: (i) its severance
from the Property, (ii) the Temporary Easement thereon, and (iii) the construction of the Project on the
Property and Temporary Easement Area in the manner proposed by ACRD, and that this payment is in full
settlement of all claims, demands and causes of action Seller may have against ACHD for such damages,
Accordingly, Seller hereby forever releases, discharges and acquits ACHD from any and all actions, causes
of action, claims or suits for damages, losses, expenses, attorney's fees and costs of suit which Seller shall
have, or which in the future may arise, to the Seller's Remaining Property and/or any eligible business
located thereon from or as a result of or by reason of or in connection with: (i) the severance of the Property
from the Remaining Property, (ii) the Temporary Easement thereon, and (iii) the construction of the Project
on the Property and Temporary Easement Area in the manner proposed by ACHD. Notwithstanding the
foregoing, Seller may pursue any and all claims for loss, injury, death and damage caused by, arising out of
or resulting from ACHD's use of the Property and Temporary Easement Area during construction, including,
without limitation, attorney's fees and costs that might be incurred by Seller in pursuing any such claims. It
is agreed that the provisions of this section will survive the closing under this Agreement.
SECTION 5. Purchase Price: Closing; Possession,
5.1 The purchase price to be paid by the ACHD for the Property and for the rights of access
and use of the Temporary Easement Area set forth in the Temporary Easement and for any severance or
business damages to the Remaining Property of Seller shall be paid/performed as follows:
a. ACHD shall pay Seller in cash or immediately available funds, the sum of Twenty -Two Thousand
Seven Hundred Ninety -Five and 79/100 Dollars fiZZ195.79 ;
b. In addition to the foregoing funds, and as additional consideration for the Property, ACHD hereby
terminates that certain Temporary License Agreement dated May 10, 2013, by and between the
Pond Family Revocable Trust and ACHD, recorded in the official records of Ada County, Idaho as
Instrument No. 113055154, and hereby releases the Seller from any claims, obligations or liabilities
thereunder. Upon Closing, ACHD shall record in the official records of Ada County, Idaho a notice
of termination of said Temporary License Agreement, at no cost or expense to Seller;
c. ACHD shall coordinate and facilitate efforts to obtain partial reconveyances from existing
mortgagees of the Property, at no cost to Seller, and shall be responsible for reasonable mortgagee
review costs and expenses, Seller agrees to assist ACHD's efforts to obtain any partial
reconveyances as may be required by ACHD in good faith, at no cost to Seller, In the event ACHD
is unable to obtain partial reconveyances from any existing mortgagee's of the Property within one
year of the date of this Agreement, or in the event ACHD reasonably determines that mortgage
review fees demanded by mortgagee's of the Property are excessive, ACHD shall commence a
friendly condemnation action with Seller, whereby Seller and ACHD shall stipulate to the terms
contained herein and in that certain Compensation Summary of even date herewith and related
agreements. Such friendly condemnation shall be at ACHD's sole cost and expense, however,
Seller shall be solely responsible for the costs and expenses of its own legal counsel associated
Page 3 of 12 V
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
RIW Parcel No: 28
T3N, R1E, Sec. 06
APN: S1106222656
with such friendly condemnation unless ACHD violates the terms contained in this Agreement or
that certain Compensation Summary of even date herewith or related agreements; and
d. ACHD shall provide and perform all of the Items set forth in that certain Compensation Summary
between Seller and ACHD of even date herewith.
5.2 The closing under this Agreement shall take place at the offices of ACHD on or before the
Closing Date, by the delivery to Seller of ACHD's check made payable to Seller in the amount of the
purchase price in return for the delivery to ACHD of the Deed and/or the Temporary Easement, each duly
executed by Seller and acknowledged in form suitable for recording, Taxes and assessments shall be
prorated as of the Closing Date,
5.3 ACHD shall be entitled to possession of the Property and the Temporary Easement Area as
provided in the Temporary Easement on and following the date this Agreement is executed, and upon the
following terms and conditions;
(a) On and after possession, ACHD shall have full and unrestricted authority and right to enter
upon the Property and the Temporary Easement Area and to make full use of the property for any lawful
purpose, including but not limited to, construction of the Project thereon.
(b) In the event that the parties are unable to close within one year from the date of this
Agreement, the par -Iles shall stipulate to a friendly condemnation action as previously described in this
Agreement. ACHD shall retain full and unrestricted possession and use of the Properly and the Temporary
Easement Area pending commencement of such condemnation action by ACI -ID and issuance of an order
by the court granting ACHD possession of the Property pursuant to Idaho Code § 7-721.
(c) Possession of the Property and the Temporary Easement Area by ACHD under this Section
5.3 and before the date the Deed is recorded is intended to give ACHD the right of possession, and it does
not establish a landlord -tenant relationship between Seller and ACHD,
5.4 At its sole discretion, ACHD may elect to close the transaction through a title company,
Notification of title closing will be given to seller in writing, ACHD shall be responsible for all title and/or
escrow costs, fees and expenses, including without limitation, costs of recording, title insurance premiums,
and costs of removal of any exceptions, and reasonable mortgagee review costs and expenses associated
with partial releases from any applicable mortgagees.
SECTION 6, Hazardous Materials Wa►7anty. Seller warrants that neither Seller, nor, to the knowledge of
Seller, any previous owner, tenant, occupant, or user of the Property used, generated, released, discharged,
stored, or disposed of any Hazardous Materials under, in, or about the Property, This warranty shall not be
merged into the Deed and shall survive the closing under this Agreement.
SECTION 7. Remedies for Default. In the event of the failure or neglect by either party in the
performance required under this Agreement, the other party shall have all the remedies available under the
laws of the state of Idaho for breach of a contract, including the remedy of specific performance.
Page 4 of V � {
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
R(W Parcel No: 28
UN, RIE, Sec, 06
APN:S1106222656
SECTION S. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein
agrees to reimburse the prevailing party for its reasonable attorneys' fees expended or incurred in
connection therewith and in connection with any appeal, and the same may be included in the judgment.
SECTION 9. Incorporation of Exhibits. It is agreed that all exhibits or other documents related to or
referenced in this Agreement are incorporated by reference and made a part of the terms, provisions and
covenants of this Agreement.
SECTION 10. Binding Effect; Assirgnment. This Agreement shall be binding upon and inure to the benefit
of the parties hereto and their successors, provided no assignment of their respective rights and obligations
hereunder shall be made by either party without the written consent of the other.
SECTION 11. Time of Essence. Time is of the essence of this Agreement.
SECTION 12. Entire Agreement. This Agreement and the Exhibits or other documents referenced in this
Agreement constitute the entire understanding between the parties with respect to this transaction, and all
prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are
merged into this Agreement,
SECTION 13, Counterparts. This Agreement shall be executed in two counterparts, each of which shall
be deemed an original but both of which together shall constitute one and the same instrument.
SECTION 14. Warranty of Authority to Execute.
14.1 The person(s) executing this Agreement on behalf of ACHD represent(s) and warrant(s)
due authorization to do so on behalf of ACRD, and that upon execution of this Agreement on behalf of
ACHD, the same is binding upon, and shall inure to the benefit of, ACHD.
14.2 If Seller is not a natural person, the person(s) executing the Agreement on behalf of Seller
represent(s) and warrant(s) due authorization to do so on behalf of Seller, and that upon execution of this
Agreement on behalf of Seller, the same is binding upon, and shall inure to the benefit, of Seller,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first
above written.
Page 5 of 12
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
R/W Parcel No: 28
T3N, R1 E, Sec. 06
APN: S1106222656
SELLER:
Thair Pond, an unmarried man
ADA COUNTY (1GH AY DIS RICT:
David Serdar
RI i= f -Way S ervisor
David Wallace
Deputy Director, Planning and Project Management
Page 6 of 12
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
RIW Parcel No: 28
UN, RIE, Sec. 06
APN: S 1106222656
(Reserved for Ada County Recorder)
THIS WARRANTY DEED, made this 18th day of May, 2015, by and between, Thair Pond, an unmarried
man, the "GRANTOR", and Ada County Highway District, a body politic and corporate of the State of Idaho, the
"GRANTEE";
WITNESSETH:
FOR VALUE RECEIVED, the GRANTOR has granted, conveyed, bargained and sold, and does hereby
grant, bargain, sell, convey and confirm to the GRANTEE and its successors and assigns forever, that certain real
property situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached
hereto and by this reference made a part hereof,
TOGETHER with all and singular the buildings, structures, improvements and fixtures thereto, the
tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and
reversions, remainder and remainders, and rents, issues and profits thereof (the "Premises"),
SUBJECT TO all matters of record and that a physical inspection or ALTA survey would disclose and those
made, suffered or done by the GRANTEE.
Subject to the foregoing, (a) the GRANTOR covenants to the GRANTEE, its successors and assigns, that the
GRANTEE shall enjoy the quiet and peaceful possession of the Premises; and (b) the GRANTOR warrants to the
GRANTEE, its successors and assigns, that GRANTOR is the owner of said Premises in fee simple and has the
right and authority to convey the same to GRANTEE, and GRANTOR will defend the GRANTEE's title from all
lawful claims whatsoever,
The current address of the GRANTEE is:
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714-6499
The Ada County Highway District (ACHD) is committed to compliance Mill Title Vf of the Civil Rights Act of 1964 and related regulations and directives. AND assures
that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation In, be denied the benefits of, or be otherwise
subjected to discrimination under any AND service, program or aclivity.
M//
Project Name: Ustick Road & Meridian Road
Project: 313039
Name: Pond
RM Parcel No: 28
T3N, RIE, Sec. 06
APN: S1106222656
IN WITNESS WHEREOF, this WARRANTY DEED has been duly executed by the GRANTOR, the day,
month and year herein first above written.
Grantor:
Thair Pond
STATE OF Idaho )
ss.
County of Ada )
On this 18th day of May, 2015, before me, --j."11. /�%!L t_ Y' /30Yt. _ , a Notary Public in and for
the State of Idaho, personally appeared Thair Pond, known or identified to me to be the person(s) who executed
this 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, month and year
in this certificate first above written,
RR ISO), KYR
Notar ublic for Idaho
p O,tARY Resi ng at: Boise, Idaho
My Commission Expires: 03/08/2018
•' G
PUS%*
TS Of,.
••,. 0........�••.
The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures
that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation In, be denied the benellls of, or be otherwise
subjected to discrimination under any ACHD service, program or activity.
.e<X
ACHD Project: Ustick Road and Meridian Road EXHIBIT A
ACHD Project No.: 313039
Owner of Record: Thair Pond
Ada Co. Parcel No, : S 1106222656
S.6, T.3 N., R.I E., B. M.
Parcel 28
Right -of -Way Requirement A
A parcel of land situated in Government Lot 4 of Section 6, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, and being a portion of the Parcel
described in Quitclaim Deed recorded as Instrument Number 105094510 in the office of
the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found aluminum cap marking the northwest corner of said
Government Lot 4 of Section 6 from which a 5/8" rebar marking the southwest corner of
Government Lot 5of said Section 6 bears S 0°17'06" W a distance of 2658.38 feet;
Thence along the west line of said Government Lot 4, S 0017'06" W a distance of
569.20 feet (formerly South, 569.2') to the northwest corner of said Parcel and the
POINT OF BEGINNING.
Thence continuing S 0°17'06" W a distance of 210.40 feet (formerly South,
210.4') along said west line to the southwest corner of said Parcel;
Thence leaving said west line, S 59012'54" E a distance of 50.52 feet (formerly S
59°30' E) along the southerly boundary of said Parcel to a point;
Thence leaving said southerly boundary, N 1°27'07" E a distance of 65.10 feet to
a point;
Thence N 12°45'43" E a distance of 40.79 feet to a point;
Thence N 1°27'07" E a distance of 131.00 feet to the northerly boundary of said
Parcel;
Thence N 89°33'54" W a distance or 56.33 feet (formerly N 89°51' W) along said
northerly boundary to the POINT OF BEGINNING.
Said described Parcel contains 11,488 square feet (0.264 acres) includir^ A s'',<
square feet (0.151 acres) of existing right-of-way of which 5,443 square feet (C
is by prescriptive use and 1,133 square feet (0.026 acres) is deeded right-of-wa
described parcel being subject to covenants, easements and restrictions of recoi
EXHIBITA
ACHD Project: Ustick Road and Meridian Road
ACHD Project No.: 313039
Owner of Record: Thair Pond
Ada Co. Parcel No.: S 1106222656
S.6, T.3 N., R.1 E., B.M.
Parcel 28
Right of Way Requirement B
A parcel of land situated in Government Lot 4 of Section 6, Township 3 North,
Range I East, Boise Meridian, Ada County, Idaho, and being a portion of the Parcel
described in Quitclaim Deed recorded as Instrument Number 105094510 in the office of
the Recorder, Ada County, Idaho, more particularly described as follows:
COMMENCING at a found aluminum cap marking the northwest corner of said
Government Lot 4 of Section 6 from which a 5/8" rebar marking the southwest corner of
Government Lot 5 of said Section 6 bears S 0°17'06" W a distance of 2658.38 feet;
Thence along the west line of said Government Lot 4, S 0°17'06" W a distance of
569.20 feet (formerly South, 569.2') to the northwest corner of said Parcel;
Thence leaving said west line, S 89°33'54" E a distance of 56.33 feet (formerly S
89°51' E) along the northerly boundary of said Parcel to the POINT OF BEGINNING.
Thence continuing S 89°33'54" E a distance of 3.00 feet along said northerly
boundary to a point;
Thence leaving said northerly boundary, S 1°27'07" W a distance of 131.35 feet
to a point;
Thence S 12°45'43" W a distance of 40.79 feet to a point;
Thence S 1°27'07" W a distance of 66.49 feet to a point to southerly boundary of
said Parcel;
Thence N 59°12'54" W a distance of 3.44 feet (formerly N 59°30' W) along said
southerly boundary to a point;
(Description continues on Page 2)
Page 1
EXHIBIT M
Page 2, continued
ACHD Project: Ustick Road and Meridian Road
ACHD Project No.: 313039
Owner of Record: Thair Pond
Ada Co. Parcel No.: S1106222656
5.6, T.3 N., R.1 E., B.M.
Parcel 28
Right of Way Requirement B
Thence leaving said southerly boundary, N 1 °27'07" E a distance of 65.10 feet to
a point;
Thence N 12°45'43" E a distance of 40.79 feet to a point;
Thence N 1'27'07" E a distance of 131.00 feet to the POINT OF BEGINNING.
Said described Parcel contains 713 square feet (0.016 acres).
USTICK ROAD
T.4.N. 36 31
T.3N, I Cl
NW COR GOVT
ALUM
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0)
/ Lo
Lo
/
/
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EXHIBIT
PARCEL 28
USTICK ROAD AND MERIDIAN ROAD
ACHD PROJECT NO.: 313039
OWNER: THAIR POND
ASSESSOR PARCEL # S1106222656
LOCATED IN:
GOVT. LOT 4, S.6, T.3 N., R.1 E.,
BOISE MERIDIAN, ADA CO., IDAHO
N89'33'54"W
56,33' FOB ROW B
_ S89'33'54"E
Z 3.00'
25'-------
//�--5'
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00
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GOVT 1-01 4 1� E
5W CO 5/8" REBAR
00 V 05Og 454 O
GOA-��7
N 12' 45'43 "E
40.79'
. S12'45'43"W
40.79'
N1'27'07"E
65.10'
S1*27'07"W
\ I I 66.49'
N59' 12'54"W
3.44'
S59 -12'54"E"",,
50.52
ROW A READ. = 11,488
SF (0,264 AC.)
NO SCALE
EXIST ROW. = 6,576 SF
(0.051 AC.)
EXISTING ROW INCLUDES:
5,443 SF = PRESCRIPTIVE ROW
1,133 SF = ROW WD #91 14542
ROW B REQD, = 713 SF (0.016 AC.)
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
P 0 A A o -1-J'4 %t/ /44
(name) (address)
(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:
-beP,"IQA) NeP AV -V
(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.
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 L� day of , 20 l%
(Signature)
SUBSCRIBED AND SWORN to before me the day and ye first above written.
OTARy I, (NQ ary Public for Idahnoa) I
3 p`• ;G Residing at:
Us D
,�''•,4TQ 1p*My Commission Expires: S IaS�
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
STATE OF IDAHO )
COUNTY OF ADA )
AFFIDAVIT OF LEGAL INTEREST
(name) (address)
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
(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 / day of , 20
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
��.••-eER
� � u
�A z
4
Jay
= 4
,
��'•.,,�
S T ,
••�•
'-(Notary Public for Idaho)
residing at:[ �� 1 LLl irk 1ilLu.J li � �
My Commission Expires:
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 9 Website: www.meridiancity.org
Ku
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
SJi��y���4''�
Project/Subdivision Name: Date: � 7
Applicants)/Contact(s): A4L k�sllfz
City Staff: 'f1Y,11
Location: Size of Property: y.'7 4,co
Comprehensive Plan FLUM Designation:
Design Guidelines Development Context: ❑ Urban ❑ Urban/Suburban Suburban ❑ Rural
Existing Use: Vhtak Existing Zoning: X
�
Proposed Use: \W.61* Proposed Zoning:
Surrounding Uses: N bt I tew►,l
Street Buffer(s) and/or Land Use Buffer(s):
Open Space/Amenities/Pathways:
Access/Stub Streets/Street System: Ne. esO o.) 44
Sewer & Water Service:
Waterways/ Floodplain/Topography/Hazards:
History:
Additional Meetina Notes:
Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To
avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application
to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387-
,_6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process.
Other Agencies/Departments to Contact:
Er Ada County Highway Dist. (ACHD)
❑
Nampa Meridian Irrigation Dist. (NMID)
❑
Public Works Department
❑ Idaho Transportation Dept. (ITD)
❑
Settler's Irrigation District
❑
Building Department
❑ Republic Services
❑
Police Department
❑
Parks Department
❑ Central District Health Department
❑
Fire Department
❑
Other:
Application(s) Required:
❑ Administrative Design Review
❑
Conditional Use Permit Modification/Transfer
❑
Rezone
❑ Alternative Compliance
❑
Development Agreement Modification
❑
Short Plat
❑ Annexation
❑
Final Plat
❑
Time Extension - Council
❑ City Council Review
❑
Final Plat Modification
❑
UDC Text Amendment
❑ Comprehensive Plan Amendment - Map
❑
Planned Unit Development
❑
Vacation
❑ Comprehensive Plan Amendment -Text
®
Preliminary Plat
❑
Variance
❑ Conditional Use Permit
❑
Private Street
❑
Other
Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public
hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice
in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during
this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may
affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months.
NEIGHBORHOOD MEETING
POND SUBDIVISION — PRELIMINARY PLAT
4.85 ACRES AT 2980 N. MERIDIAN ROAD
MERIDIAN POLICE STATION, CONFERENCE ROOM
AUGUST 1, 2017 at 6:00 PM
�N9amee Address Phone #
1. r�
2. VVP(�to r) Gxi-zA A �et�;?-Y)q �t�
6.
7.
8.
9.
10.
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent
Date
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning
E IDIAN*,----
IDAHO
Community Development
Department
Parcel Verification
Date: 7/10/17
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
208.887.2211
The parcel information below has been researched and verified as correct by the City of Meridian
Community Development Department.
Project Name: Pond PBA
Parcel Numbers: S1106222656 (5.17 Acres),4---------:f?,2��
S1106222635 (1.714 Acres) N� G
T/R/S:
3N 1E 06
Property Owners: Thair Pond
2980 N. Meridian Rd.
Meridian, ID 83646
(1St parcel listed)
Pond Family Revocable Living Trust (2nd parcel listed)
1655 W. Fairview Ave. #100
Boise, ID 83702
Address Verification Rev: 04/23/12
7/10/2017
subject: Pond Subdivision Name Reservation
From: subnamemail@adaweb.net
To: schultzdevelopment@yahoo.com; gcarter@idahosurvey.com
Date: Wednesday, June 28,2017,5:42:16 PM MDT
June 28, 2017
Greg Carter, Idaho Survey Group
Matt Schultz, Schultz Development LLC
RE: Subdivision Name Reservation: POND SUBDIVISION
Print Window
AS X
At your request, I will reserve the name Pond Subdivision for your project. I can honor this reservation only as long as your project is in the approval process. Final
approval can only take place when the final plat is recorded.
This reservation is available for the project as long as it is in the approval process unless the project is terminated by the client, the jurisdiction or the conditions of approval
have not been met, in which case the name can be re -used by someone else.
Sincerely,
Jerry L. Hastings, PLS 5359
County Surveyor
Deputy Clerk Recorder
Ada County Development Services
200 W. Front St., Boise, ID 83702
(208) 287-7912 office
(208) 287-7909 fax
From: Matt Schultz[mailto:schultzdevelor)ment!@.yahoo.coml
Sent: Wednesday, June 14, 2017 9:49 AM
To: Sub Name Mail
Cc: Greg Carter
Subject: [EXTERNAL] Pond Subdivision
Please reserve the name "Pond Subdivision" for the 5 acre property at 2980 N. Meridian Road .... S1106222656 ... owned by Their Pond. Greg Carter is the surveyor
thank you
Matt Schultz
Schultz Development LLC
(208) 880-1695
C-4ONSULTING, LLC
Mr. Matt Schultz August 3, 2017
Schultz Development Page 1 of 1
Post Office Box 1115 File #17011-A
Meridian, Idaho 83680
Re: Groundwater Research
Pond Property
2890 North Meridian Road
Meridian, Idaho
Matt:
As per your request, on June 2, 1017, SITE excavated three test pits on the referenced
property. This project consists of a single parcel (#S1106222656) located on the east
side of Meridian Road, just south of Ustick Road in Meridian, Idaho. An address of
2890 North Meridian Road was provided for the subject property. Our onsite test pits
reveal the groundwater is 7-8 feet below the ground surface. This matches well with
recent well data generated by SITE at the Maddyn Homes project at 2975 & 3001 North
Meridian Road. On this property, groundwater in the six -onsite wells averaged 8.0 feet
below grade on May 23, 2017. Based upon observed conditions on the subject property
and another project directly across Meridian Road, it is safe to assume that groundwater
is 7-8 feet below grade on the subject property. Based upon this depth to groundwater
and the observed soil conditions, construction of the proposed residential subdivision is
feasible.
We look forward to assisting with your geotechnical needs as this project proceeds to
the design phase. A complete geotechnical recommendation report will be prepared as
soon as the labwork is completed and your proposed layout is confirmed. Should you
have any questions or require additional information, please contact our office at your
convenience.
Respectfully submitted;�N4N- [-:f"! .,
Bob J. Arnold, PE IE:��
SITE Consulting, LLC`
CL
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208-440-6276 * bjarnoldpe@msn.com (1) Post Office Box 190537 * Boise, Idaho 83719
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