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Application MaterialsHearing Date: October 4, 2018 File No.: H-2018-0101 Project Name: Meridian HS Auditorium Request: Request for conditional use permit approval to expand an existing non- conforming use (parking lot). Request: Request for conditional use permit approval to expand a public education institution an additional 31,922 square feet in the R-4 zoning district, by LCA Architects Location: 1900 W. Pine, in the NE'/a of Section 11, Township 3 North, Range 1 West. CJfE IDIAPlanning Division - ELOPMENT REVIEW APPLICATION STAFF USE ONLY• J I /� e Project name: /fferu i a-, N-- A v 46 File number(s)• I"'� '—' '9— n CQ��I Assigned Planner: Jos 1. — PICL L. Related files: Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare ❑ Landscape Plan Modification ❑ Home Occupation ❑ Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street ❑ Administrative Design Review ❑ Property Boundary Adjustment ❑ Alternative Compliance ❑ Rezone CJ Annexation and Zoning ❑ Short Plat *Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment ■ Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance ❑ Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: L CA A26 H lt�—'-G'iS Phone: 20B° 345.44. 77 Applicant address: 1221 5 H01ZE L I M E L N City: 'ppl5k�:-, Email: 50PI fA l:' LCA XC N•CO,-t State: IV Zip: 1'/ 3 7P 7 - Applicant's Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ® Other A C H I Tl�GT- Owner name: J46ST APA 5C NoOL VI 51 RI C T Phone: 208 ° 350.5038 Owner address: 130 3 i- • CEI TWA L 'PP -105 Email: ipcNuM • JAE & 114fE5TAPA • Ojef City: IICI2,91 AN State: I D Zip: 6 3& `{ 1- Agent/Contact Agent/Contact name (e.g., architect, engineer, developer, representative): 5Gd i i /nl SOn1 Firm name: I--C'l\ Av'�CI•i ITC-fTS Phone: LO¢j 34)5' vo77 Agent address: 111- 1 SNO(ZE L 1f -J L L NI • Email: '5C Prr N G WA I -C H -'0A1 City: 00150 State: 1 0 Zip: P3?o2 Primary contact is: ❑ Applicant ❑ Owner ■ Agent/Contact Subject Property Information Location/street address: 19 00 W • T1 N C- /AVC Township, range, section: -3N 11A 11 Assessor's parcel number(s): Si 2 1114 I By 5 Total acreage: 33 .7 Zoning district: IZ — 4 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 «Nvw.meridianci!y.org/planning -1 Rev: (2/2/2 0 1 8 2/7/2 0 1 8) Project/subdivision name: /V/4 General description of proposed project/request: THIE IMF ILL Ok� 1-A6 EX I STInJG C 6&) M 1- COV/LT yAW !N/1N A NEW Z8F 56 -Ir 31 CI SS 5F �fvD�TJ�✓L&�M, 13A0PAPv,M AN2 SCEnC-81014 Proposed zoning district(s): N17 C h4ArV G l: 'To 746 £X15TIn)64 !Z -`i Acres of each zone proposed: 31 .'1 7V M4 L A-C(LG6 Da) _15-X I S 1`1n►6 5 1 * f Type of use proposed (check all that apply): ❑ Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial N Other PUALIC 6pUGI' TWA-) Who will own & maintain the pressurized irrigation system in this development? 14551Al2A 5Cf%Dt PIS Which irrigation district does this property lie within?_/✓A7 toA ImEr-1-r� /Ary 1feP4,4i►0/,1 DI swr Primary irrigation source: A91fl"AWr" Of AC11 Secondary: X'/ry Edi►+ Ti C vG6010PJ Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 7601 5 F O Z Loco30 517 I.G—$s }AnJ 7th Pt4�9 Residential Project Summary (if applicable) t'1z'&:V+ 0vs t,J lam, car s>✓o . Number of residential units: Number of common lots: Number of building lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 2-3 bedrooms: Minimum square footage of structure (excl. garage): Minimum property size (s.f): Gross density (Per UDC 11-1A-1): Acreage of qualified open space: _ 4 or more bedrooms: Maximum building height: _ Average property size (s.f.): Net density (Per UDC 11-1A-1): Percentage of qualified open space: Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: N Common lots: NA Other lots: IVA Gross floor area proposed: �J I, q '22 4F Existing (if applicable): -7'41 ZZa 1 it Hours of operation (days and hours): 13'CVA^ - IP r PM Building height: U Total number of parking spaces provided: 5 9 4 Number of compact spaces provided: 95X15TI04 d NEW Authorization Print applicant name: JrC� i7+= NSOi✓ Applicant signature: Date: � " 7� Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 wNNNv.meridiancity.ore/planning -2- Rev: (2/7/2018) li7ral LCA Architects August 20, 2018 Planning Supervisor City of Meridian 33 E. Broadway Ave Suite 210 Meridian, Idaho 83642 Re: NARRATIVE OF JUSTIFICATION 1 MERIDIAN HIGH SCHOOL — NEW AUDITORIUM Dear: Planning Supervisor The West Ada School District is seeking approval to construct a new auditorium to serve the student and parent population at Meridian High School. Meridian High School is the only high school in Meridian or Boise without an appropriately sized auditorium to serve the needs of the school. We are proposing an addition of 31,922 sf. To accommodate a 780 seat auditorium with stage. The facility will also be provided with a new lobby and restrooms, a prop shop, dressing/make-up rooms and a new band room to replace the existing inadequate band room. The new auditorium is designed to be a striking addition to the complex to underscore the importance of the performing arts while also utilizing the same building materials from the previous additions. The auditorium's massing is broken into various shapes and heights to create interest along with overhangs and recesses to provide shadows and contrast. Metal panels of both horizontal ribbed and vertical units will be colored yellow, grey, and silver. Brick will not be used as we believe it would be out of character with the new design and the original brick color is no longer available. The ratios of building materials on the building as a whole including the auditorium additions are as follows: Brick — 56% Metal Panel — 29% Glass —13% Other Solid — 2% 1221 Shoreline Ln Boise, ID 83702 208.345.6677 fox.208.344.4002 lco@lcarch.com www,icorch.com Ll City of Meridian Page 2 The new auditorium will be located in the existing courtyard. The existing building complex suffers from a excessive amount of points of entry to the building. The courtyard resembles a public entry and also has over a dozen points of entry into the school. Additionally, students must leave the academic building and go outside to access the gym or theater arts building. The new auditorium will serve to improve safety and security by reducing access into the building and allowing students to from building to building within enclosed secure circulation space. • The single level lobby creates a stepped building massing to reduce the visual mass of the larger auditorium behind. • Materials will be selected to match the materials of the recent additions to create a uniform look across the elevations. • Mechanical equipment will be screened in recessed areas on the roof. • Landscaping will be provided in the new entry plaza. • The new lobby will serve both the auditorium and existing gymnasium. The building area as of 2015 was 298,000. CUP -12-015 added 40,000sf and 3,220sf was added as a part of MCU -18-073 for a current area of 341,220sf. Due to the square footage limit placed on the site as part of CUP -015, the 31,922sf added in this application will necessitate a new CUP and CZC for this auditorium. The CUP would normally call for parking lots and property perimeters to be buffered with landscaping as well as planting in parking lot islands. Alternative Compliance The requirement to install a landscape buffer between the west parking lot and Pine Avenue as well as the requirement to install landscaped islands in the parking lot would create an undue hardship to the school districts and its patrons. • Such a requirement is well beyond the budget allowed for the auditorium addition. The Pine Avenue landscape buffer would reduce the total parking count by at least 50 parking spaces and the island landscape would reduce parking by another 30 parking stalls. The existing building is designed to accommodate 2,400 students and currently serves 1,933 students. The school district strongly believes that the current 894 stalls are minimally sufficient to adequately support the student body, staff, and visitors, especially when the design capacity is approached. Meridian High School cannot afford to lose any parking stalls. For comparison purposes: 20, 2018 LCA Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 fx: 208.344.9002 20, 2018 City of Meridian Page 3 OHS (new high school, 1800 capacity) —1200 spaces RMHS (1800 capacity) —1031 spaces MVHS — (1800 capacity) —1177 spaces CHS — (1900 capacity) — 708 spaces EHS — (1800 capacity) —1233 spaces • If parking was eliminated in favor of planting, it would only encourage students to park in the neighborhoods across the streets and make students cross the street to get to school. • While It was not required as part of the multi-year remodel and expansion project, the school district took it upon themselves to rebuild the east section of the parking lot including an area which was previously a dirt lot. Though not required, the lot was built in full compliance with the design and landscape standards including buffering alone Pine Avenue and parking planters. • Tree mitigation: a total of 190 tree inches must be removed from the courtyard in order to build the auditorium (many of which are deep in the courtyard and not visible from the public way), it would be nearly impossible and impractical to place almost 100 new trees on a built out site. • Given the conditions noted above, our proposal for alternative compliance is as follows: o Receive consideration for the previous rebuild and landscaping of the east parking lot which equates to roughly one third to the total main parking lot. o Construct a new 25' wide buffer with (39) 2 inch caliper trees along N. Linder Road. o Construct a new 5' wide landscape buffer between the parking lot and the adjoining property to the west (the Seminary) with (8) 2 inch caliper trees. o The new trees planted around the new auditorium will include 5 inch caliper trees where possible for a total of 52 new caliper inches. The total existing parking provided is 894 stalls and the amount of parking will remain unchanged as a result of this application. Meridian High School Auditorium addition — Conditional Use Application Public School Facility Checklist Narrative School Bus Circulation Plan The school bus circulation will remain unchanged by this project. Access Safety LCA Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 fx: 208.344.9002 20,2018 City of Meridian Page 4 Access safety to the site will remain unchanged by this project. Limiting the point of access will be improved by the addition. Pedestrian Plan Pedestrian Access to the site will remain unchanged by this project. Sidewalks are provided at all adjacent streets. Crossing Guard Plan Crossing areas at adjacent streets will remain unchanged by this project. Barriers between highways and school Barriers between highways and school will not be affected by this project. The scope of this project is to infill the existing courtyard with the new auditorium. Location of school zone School zoning (Medium -Low density residential, R-4) will remain unchanged by this project. Need for flashinq beacon At this time traffic volumes to and from the school will remain unchanged by this project. Need for traffic control signal At this time traffic volumes to and from the school will remain unchanged by this project. Anticipated future improvements There are no anticipated improvements to Meridian High School beyond this project. Speed on adjacent highways Speed on adjacent highways will remain unchanged by this project. Traffic volumes on adjacent highways At this time traffic volumes to and from the school will remain unchanged by this project. Effect upon the highways level of service Effect upon the highways level of service will remain unchanged by this project. Need for acceleration or deceleration lanes At this time traffic volumes to and from the school will remain unchanged by this project. Internal traffic circulation The effect upon internal traffic circulation will remain unchanged by this project. LCA Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 fx: 208.344.9002 1 City of Meridian Page 5 Anticipated development on surrounding undeveloped parcels No anticipated developments on surrounding parcels at this time. Zoning in the vicinity North- Medium low density residential South- Medium high density residential with a small portion of neighborhood business and limited office East- Mixture of limited office and medium high density residential West- Medium low density residential Access control on adjacent highways Access control on adjacent highways will remain unchanged by this project. Required striping and signing modifications There are no known required striping and signing modifications at this time. Funding of highway improvements to accommodate development Not applicable. Proposed highway project in the vicinity Not applicable. Sincerely, LCA ARCHITECTS, P.A. Scott Henson Partner 18011-01 4d 082018 SHek 2018 LCA Architects 1221 Shoreline Lane, Boise, Idaho 83702 ph: 208.345.6677 fx: 208.344.9002 C°7 4'.�? 7913614 WARRANTY DEED For Value Received LOUIS L. KISLR and NORMA J. KISER, husband and wife, the Brat;tors , do hereby grant, bargain, sell And convey unto JOINT SCHOOL DISTRICT NO. 2, ADA AND CANYON COUNTIES, the grantee , the following desei,bs premises, •wit: PARCEL A A parcel of land in Section 11, Township 3 North, Range 1 West, Boase Meridian, Ada County, Idaho, more particularly desoribed as followst Commencing at the East one-quarter section corner of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence West alon, the half section J ine, 1326.35 feet to a point; thence North 4002' East, 265.20 feet to ,a point; thence South 89°30' West, 153.60 feet to a point; thence North 77039' West, 95.10 feet to a point; thence North 840331 West, 22,00 feet to the REAL POINT OF BEGINNING% thence North 84033' West 196.27 feet to a point; thence North 0002' East, 566.25 feet to a steel pin on the centerline of an irrigation ditch; thence South 73024130" East, along said centerline, 88.16 feet to a steel pin; thence south 83046' Bast, along said centerline 69.01 feet to a point; thence South 72055130" East, along said centerline 44.22 feet to a point; thence South 0°02' West, 539.25 feet to the REAL PLACE Or BEGINNING. PARCEL B A tract of land in Section 11, Township 3 North, Range ]. West, Boise Meridian, Ada County, Idaho, more particularly described as follows% Commencing at the East quarter section corner of said Section 11; thence West along the Mid-section line 1326.35 feet to a point; thence North 0002' East, 265.20 feet to a iron pin, the REAL POINT OF BEGINNING; thence North 0002' East 445.54 feet to an iron pin; thence North 81046' West, 49.44 feet to an iron pint thence North 65009' West 140.82 feet to an iron pin; thence North 72026' West 96.12 feet to an iron pin; thence South 0002' West 519.72 feet to an iron pin; thence South 84°33' Bast 22.00 feet to an iron pint thence South 77039' East, 95.10 feet to an iron pin; thence VrN%Q9630' East 153 60 fee o the REAL POINT Or BEGINNING. ONUED ON REVkRSR A1PE HP, L'p`}TOBE AND TO HOLD the said plem ses, with their appurtenances unto the said Grantee , its heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee , that t hey are the owners fit fee simple of said premises; that said premises etre free from all incumbrances except for taxes for the year 1979, and assessments for 1979, and that they will warrant and defend the sum from all lawful claims whatsoever. Dated: STATE OF IDA110, CPUNTY OF ADA, On this_�°,�, day of March , 1979, before me, ti,6%L. "yt . ciln.and for said State, personally appeared .1:1�� ` LOUIS L. KISE*'-.&fld NORMA J. _KIgE1k;-'.husband and W4 fe, known tome to beth& persoitdti.� whose "ante S a) subscribed .to,'the wtlntingt, cont, and acknowledged to ' mrr��tht t ,f�- jay' executed tj,o some, Llv/ �( J ori (, Notaty Fubiie IL Reoldin at Meridian Idaho Comm, Expires STATO OF IDAHO, COUNTY OF I hereby certify that this instrument was filed for record at the requost of Cll1ChG0 tITtE CU. h of <�0 minutes past o'clock /'M" this �. �c�✓'`Y day of s✓ , 10 r%%, in my office, and duly recorded in Book of Deeds at peso. Gx-Oatolo ecorder T By, /Gts ![t(i,cG o Deputy. Fees 5rt?- Mail tol 1Y,rrentr mrd A4;•A VrInM anO For @slo Or @rMS-xork occ+prnr, P9110 r� N04:T" ¢ATQ r G V 1.O+ V +.10H {.• COMMi4CrAL >< ` u $ 1 I � U -• y4 /s i'� ? ORT. Sk Il AVC• }{16M tic11004 u J Alic ANNE%• CR all. I • 1 Ji 74 • I�2 '' 4l t f J +p t4. k0. 1 JS t � •�`:��� MAf+LQ AVL-'NuE � ! Ti •.�yr CAMCiCL1A CANG. �' + V �...� / d � +e• x+ }x�-}7 2: :SI 2y.. Y} i� ..�• �. / l RQ60ix ...• EVILS 01 eS Y.. 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SYOOYI34119410Vr (x0A1N0 849AC TEAM 111-woo)Nm .10 FAOrot(o hNAL to+S O fA0A0sro IMPIC SiotAls j Aurt AAG LLtf!(AS - 41M+4Y4 SW rY 'TO, 1 MrKdr'IOALSL?AT I S'(A011 AOOI(WNAL SfOfif xncxr, 4IE 35 ?AT f0!i ACAt OU. ,NOMINAL WAIC/I 0 f(Pfle to* (AC),&or XS.AtlLM IOtS • CENfMAL WATER Ai0/OA SMIT ONC A£AL ITS nC•fQAY1010 +ATO t ftljWt C?Y$ f1A A0,4 PRELIMINARY SUBDIVISION LAYOUT OF THE DOWNER SUBDIVISION [004(1'0 sN Tor SCIfO NSim Of SLC. Ir, (JN, R IW, 60A, AOA CCS44tY, IN rm. AAI DO•NNCR swc • I' . 100' I•Art . TIN i], I}YI F. L •,'"jr OX1M8 ll AMCIA!CS 610 44011C SIAM — 11101R, IDAHO • 008b04TIN6 CROMER$ OY,G Na GWO711121 ADA COUNTY ReCORDER J. DAVID NAVARRO AMOUNT 6,00 2 BOISE IDAHO 06/09/06 03:49 PM DEPUTY gall Garrett ti rrtt ii RECORDED -REQUEST OF Foley Freeman Borlon 106091034 QUITCLAIM DEED For Value Received, Grantor, JOINT SCHOOL DISTRICT NO. 2, an Idaho school district and body corporate and politic of the State of Idaho, does hereby convey, release, remise, and forever quit claim unto Grantees, THOMAS A. GEM E and BARBARA J. GBELE, husband and wife, whose current address is 2150 W. Pine Street, Meridian, Idaho 83642, all of Grantor's right, title, and interest in an easement for ingress and egress over and across the following described property located in Meridian, Ada County, State of Idaho, to wit: A parcel of land 24 feet wide adjacent on the West side of the following described line: Beginning at the East quarter corner of Section 11, Township 3 North, Range 1 West of the Boise Meridian, in Acca County, State of Idaho; thence West along the East West mid-section line a distance of 1790.15 feet to the real point of beginning; thence North 0102' East a distance of 871.18 feet to a point. TO HAVE AND TO HOLD the said premises, unto the said Grantees and their heirs and assigns forever. Dated this day of May, 2006. JOINT SCHOOL DISTRICT NO.2 By: r. UNDA CLARK. Its: Superintendent QUI'T'CLAIM DEED - l STATE OF IDAHO ) } ss. County of Ada ) On the 56 day of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Dr. Linda Clark, known or identified to me to be the Superintendent of Schools and Authorized Representative of Joint School District No. 2 who executed the within and foregoing instrument on behalf of said school district, and acknowledged to me that said school district executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first nhn've written. Notary Public for Ida Q Residing at _ , Idaho My Commission Expires: 61 .10a°+.dTAR �► dOOdo o •'•.,�,.T�w• 104.``, OF _..• QurrcLAIM DEED - 2 STATE OF IDAHO ) ss. County of Ada ) On the day of May, 2006, before me, the undersigned, a Notaiy Public in and for said State, personally appeared Dr. Linda Clark, known or identified to me to be the Superintendent of Schools and Authorized Representative of Joint School District No. 2 who executed the within and foregoing instrument on behalf of said school district, and acknowledged to me that said school district executed the same. IN WITNESS 'WHEREOF, I have hereunto affixed my official seal the day and year first above written. M Y*pljnq .: ePSO ",'swoop j+ 'Z► w®o" tk pU0it."' QUITCLAIM DEED - 2 a, a Notary Public for Idaho Residing atA�Lt Ayt , Idaho My Commission Expires; _$=? -O Il �: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 ; BOISE IDAHO 06/09106 03:49 PM DEPUTY Gall Darren RECORDED -REQUEST OF III IIIIIIIlIII�III�I�IIIIIIIIIII I SII Foley Freeman Berlon 106091835 QUITCLAIM DEED For Value Received, Grantor, JOINT SCHOOL DISTRICT NO. 2, an Idaho school district and body corporate and politic of the State of Idaho, does hereby convey, release, remise, and forever quit claim unto Grantees, THOMAS A. GEILE and BARBARA. J. GEILE, husband and wife, whose current address is 2150 W. Pine Street, Meridian, Idaho 83642, all of Grantor's right, title, and interest in an easement over and across the following described property located in Meridian, Ada County, State of Idaho, to wit: An easement for a Roadway, 16 feet in width, adj acent on the West and the Northerly to the following described line: Beginning at the East 1/4 corner of Section 11, Township 3 North, Range I West of the Boise Meridian, in Ada County, State of Idaho; thence West along the hast West midsection line a distance of 1790.15 feet to the real point of beginning; thence North 0102' East a distance of 304.6 feet to a point; thence South 84°33' East a distance of 196.4 feet. TO HAVE AND TO HOLD the said premises, unto the said Grantees and their heirs and assigns forever. ,,�� Dated this �= day of May, 2006. JOINT SCHOOL DISTRICT NO.2 By: .IVDA CLARK. 4r.. Its: Superintendent QUITCLAIM DEED - I LICENSE AGREEMENT between NAMPA & MERIDIAN IRRIGATION DISTRICT and JOINT SCHOOL DISTRICT NO.2 17 JANUARY 2006 Instrument #106011202 ARA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 46.00 10 BOISE IDAHO 01I2NO6 10:32 AM DEPUTY Bonnle Oberbipig IN fifll ilfllfi{fllfll111iliflf III f11 RECORDED- REQUEST Of Nampa & Metidlen irrioadan LICENSE AGREEMENT, made and entered into this Z day of .2006. by and amongNAMPA& MERIDIAN IRS2IClATIONDISTRICT, anirri&ationdistriGtorgantied fi ndexistingunder and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and JOINT SCHOOL DISTRICT NO, 2, an Idaho school district; 911 Nortli Meridian Road, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", N1TXAR$RIH: WBERRAS, Licensee is the owner of real property (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the Districtowns the ditch or canal known as the VIII' UGE Lam= tAL (hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and 'system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and,.. WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, 'GVIIEREAS, Licensee desires a license to approve construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee In the manner And under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its ditch or canal and its right of way along its ditch or canal; NOW, THEREFORE, for and in consideration of the preinises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: i.. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easexuent along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This ngreement pertains only to the Ucensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shall not change the location of the ditch or canal, bury the ditch or canal in pipo, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the DIstrict. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District'seasement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each :Facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a, a hazard to any person or property; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the. District; c. an increase In seepage or any other increase in t?ie loss of water from the ditch or canal; d, the subsidence of soil within or adjacent to the easement; e. any other damage to the District's easement and irrigation works, 5. The Licensee agrees to indemnify, hald harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4& through 4.e., or any other damage to tite easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. b. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of such work shalt not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld, 7. The District reserves the right, at the District's option, to remove any facility Installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the District, on demand, the costs which shall be. reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anyway affecting Its otter rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and tine Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for suell purposes, The District shall give reasonable notice to the Licensee prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence of the District. LICENSE AGREEMENT - Page 2 8. Neither the tetras of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application ofanystatuto, rule, regulation, directive orother requirement, or the jurisdiction ofany federal, state, orather agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities whiclo did not Apply to the District's operations and activities Orior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District, this agreement shall be of no force and effect and the Licensed shall cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, Licensee further agrees to Indemnify, hold harmless and defend the District from any Injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against; the District by reason of the negligent acts or omissions of Licensee or its agdnts, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District In the course of performance of maintenance or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District ;for maintenaxtce or repair under this or any other paragraph -of this agreement. 11. ' Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any Other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the Distract easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whether by institution of stilt or not, the party rightf ukly enforcingor rightfully resisting enforcement of the provisions of this agreement, or the prevailing parry in case suit is instituted, shall be untitled to reimbursement for its costs and reasonable attorney fees £tont-the other party. 13. The parties hereto understand and agree that the District has no right In any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to grant any rights in Its irrigation works and system Incompatible with the uses to which such irrigation works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal For the transmission and delivery of irrIgat on water. LICENSE AGREEMENT - Page 3 15. In the event of the, failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other Improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance, and operation of such ditch or canal by the District with Its equipment for the maintenance of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in Connection with negotiations covering the terms and conditions of this LicenseAgreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall creator or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. is. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in .full force and effect. 20. The word "Licensee", if used in the neuter in this agreemnt, includes the masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall Inure to the benefit of each of the parties hereto and their respective successors and assigns. I'TEST: Its Secretory �,,.�,r .G"qtr LICENSE AGREEMENT - Page 4 NAMT MERIDIAN IRRIGATION' S'T'RICT laY It President JOINT SCHOOL DISTRICT NO. 2, an Idaho school district ATrEST. STATE OF IDAHO ss: County of Canyon On this day of2006, before o, the 1n ersigned, a Notary Public in and for said State, personally appearedl and > known to me to be, the President and Secretary, respectively, of MAWA & MERIDMN MR1GA!r1ON DISMCT, the Irrigation district that executed the foregoing instrument and acknowledged to me thatsuch irrigation district executed the same. MVVITNESS WHEREOF, 1have hereunto set my band and affixed my official sea], the day and year In this cartifleate first above written. Notary Public for Idaho Residing at_ Id 4ild TrIchn ,P My Commission Expires: Jlld STATE OF IDAHO )ss. County of Ada, ap 11) On this 13tO day of A 2006, before me, the undersigned, a notary public in and for said state, personally appeared Oql vada. C,6,W— _ and Dr. Lleur,- kew4—vin—, known to me to be the jiWzdvtb-&4&A,,t and respectively, of the JOINT SCHOOL DISTRICTNO. 2, the entity that executed the fore'" nginstrument, and acknowledged tome thatsald entity executed the same. INWITNESS. VaORROV, I have hereunto set my hand and affixed ray official sea], the day and year in this cer0cate first above written. Notary Public for A. Residing at"ft My Commission Expires, 2 4q,V oTApj 4% �. ii o 9 44"Ip M11100 LICENSE AGREEMENT - Page 5 Project No. 05-178-02 October 31, 2005 Description for Meridian Joint School District No.2 Schlelceway Annexation Parcel Aparcel of land located in the Northeast 1/4 of Section 11, Township 3 Northx Range, I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East 1/4 comer of said Section 11, from which the center 1/4 ofsaid Section I I bears North 8911 V16" West; 2655.19 feet; Thence along the South line of said Northeast 1/4 of Section 11 North 89011' 16" West, 1326.35 feet (formerly described as being West, 1326.35 feet) to a point; Thence North 0134'21" Hast; 731.70 feet (formerly described as being North 00 02' East, 731.70 feet) to the intersection with the centerline of an irrigation ditch; said point also being the REAL POINT OF BBGDMG; Thence along the centerline of said irrigation ditch the following courses and distances: Thence North 86°23'58" West, 29.48 feet Thence North 67100'55" West, 54.67 feet; Thence North 63027'43" West, 102.21 feet; Thence North 75*28'57" West 49.80 feet; Thence North 70119'27" West, 48.91 feet., Thence North 73°29'51" West 52.10 feet, - Thence North 83159'22" West, 44.75 feet; Thence North 76*37'29" West, 56.19 feet; Thence North 69°51'2.4" West, 45.67 fat Thence North 73009'01" West, 212.23 feet; Thence North 66028'59" West, 51.37 feet Thence North 68148'53" West, 63.46 feet to the beginning of a curve to the right; Thence along said curve to the right an are distance of 52.40 feet, said curve having a radius of 110.00 feet a central angle of 27017'40", and a chord bearing and - distance of North 55*10'03" West, 51.91 feet; Thence North 41031'13" West, 50.97 feet; Thence North 44046'38" West, 249.64 feet; Exhibit At page 1 Thence North 44°10'59"West, 145.24 feet to the intersection with the North lime of the Southwest 1/4 of the Northeast 1/4 of said Section 11 (said centerline of irrigation ditch formerly described as being the following courses: North 86017' West, 42.28 feet; North 64'040'30" West, 144.00 feet; North 72°5530" West, 144.66 feet; North 83°46' West, 69,01 feet; North 73024'30" West, 88.16 feet; North 73°24'30" West, 219.16 feet; North 671135130" West, 133.40 feet; and North 45026'30" West, 417.29 fest); Thence leaving said centerline of irrigation ditch and along the said North line South. 891124'32" Last, 1126.24 feet; Thence South 00°34'21" West, 588.56 feet to the IMAL POINT OF REGMMG. Contains an area of 9.71 acres, more or less. Prepared By: Idaho Survey Group, P.C. Patrick J. Scheffler, PISS Exhibit Ar page 2 APW rOX Land Sufi vsy - `w 4696 Overland R0, STS 162 A SolSo Idaho A 6370.5 A 208 - MERIDIAN HIGH SCHOOL ReMAINDER PARCEL prESCRIMION A PoRvoN Un srmmoN 11, Vnmslilp 3 NoRI t RANGE I WEST, F oMrz MEMIAN, CITY Apr= MERIDIAN, AqA COUNTY, It)AM4 A portion of Section 11, Township 3 North, Lange I West, Boise Meridian, City of Meridian, Ada County, Idaho, mord pardculatiy de Med as follows; Commencing at the found Aluminum Gap Monument markingthe East % Gomer of said Section 11, from which the found Brass Cap Monument markng the Centerthereof bears North 89°11'16" West, a distance of 2,665.19 feet; thence along the East-West Center tine of said Section 11, North 89"11'16" West, a dlstance of 1,326.35 feet to a point; thence leaving said Center line, North 00"42'IW East (formerly North 00©42' Frit), a distance of 710.74 feetto a point on the center line of an Irrigation ditch the Northeas" cvmerofproperty descn'bed in WarrantyDeed InstrumentNumberi7 Iiig and Warranty Creed Instrument Number 7913614, the TRUE POINT OF SEOINNING; th6nw along said ditch and the Northedy boundary ofthe prg5edyde6cribed in said Deeds the following courses and distances: North 89°21'27" West, a distance of 30.34 feet; North 66°36'08" West, a distance of 45.32 fleet; North 63°41'34" West, a distance of 58.34 feet; North 64°05'14" West, a distance of 61.53 feet; North 7'1°06'19" West, a distanoe of 93,61 feet to Its intersection With the Easterly boundary of Parol A as described In Warranty Deed Instrument Dumber 7913614; Thence along said Easterly boundary, North 00Q34'2I" I; nA a distance of 22.36 fit to a paint on the center line of an inigatlon ditch an the Southerly boundary of property described in warranty Dead Insiaument Number 788042, Warranty Deed Instrument Number 788044, and Quit Claim Deed Instrument Number 89050732; thence along said ditch and the Southedy boundary df the property descriW in Said Deeds the 'Fbilo wing courses and distances: South 70019'27" East, a distance of 48.91 feet; South 76°21367" Fast, a distance of 49.80 feet; South 63°2743" East, a distance of 102.21 feet; South 67"00165" East, a distance of 54.67 feet; Exhibit: At page 3 South 86"23'§8" Eas% a distance of 29.48 feet to the Southeasterly corner of properiy descrlbed in said ©eeds; thence South 00°34'21" West, a distance df 2.0.88 feet to the TRUE POINT OF BEGINNING. Containing 8,388 square feet (17.147 acres), more or less. Subject to existing easements and rights-of-way as any may exist, of rec otd or not of record. It is the intention of this description to Include all propperty described In Warranty Deed Instrument Number 72$704 lying Southeri offhe South boundary of property described in Warranty peed Instrument Number 7702729 and Warranty Deed Instrument Number 7913614, and Northerly of the North boundary of property desc bod in Warranty Deed Instrument Number 788042, Warranty peed Instrument Number 788044, and Quit Claim Deed Instrument Number 09080732. Rehr to Sketch 'AX. Fox Land Surveys, Inc. Timothy J. Fox, PLS 7812 END QP DESCRIPTION Wilbit A, page 4 TJF;h2J w:\pxorSM�200sns.025.!'Mp,o)gCt\tWu {p$nttAS75striprk.?,aoo h w m f �4- Cd fit A, page 5 $ro I Q c" A� 3nlr�� y�•®.o• fill 91 7 T OF 8�G(NNINC y PARCEL A Lis '� Yr Exhibit A,page 6 m rA , MR,", iV 1 mj,4� PJt'r V, --in K pq o. L :-Mifm - A.U. AVI IN NMI,-I.;, Nq lei, qMW,, 1.qi —iA 3-6 Kv !-A; wan),�;N-100- ��'S±° Mil pp njf - IM - - WIN Ail A! TI -7 O"W-J." OQ-41", Owl I o- LUM Op BMc Purpose of License The purpose of this License Agreement is to permit Licensee to: X, pipe and relocate a portion of the Rutledge Lateral; 2. construct a baseball Meld over the it portion of the piped Rutledge Lateral; 3. construct and install apump station and diversion box within the District's easementforthe Rutledge Lateral; and 4. construct an Access road for the District's to have secondary access to the Rutledge Lateral, all within Licensee's property described in Exhibit A, Meridian High School, located northwest of the Intersection of Pine Street and Linder Road, in Meridian, Ada County, Idaho. i0100- , e a. Construction shah be in accordance with certain plans consisting of four sheets: sheet C1.0 entitled "Technical Education Center - Meridian HS, Sheet Demolition," bearing engineer's stamp dated December 6,2005; sheetC2.0 entitled "Technical Education Center -Meridian HS, Sheet Gravity Irrigation flan," bearing engineer's stamp dated December 6.200; sheet C3.0 entitled "Technical Education Center - MeridlanllS, Sheet Gravity Irrigation Details," bearing engineer'sstamp dated December 6, 2005; and sheet 2.3.00 entitled "Technical Education Center Meridian HS, Sheet Overall Layout Plan," dated November 21, 2005. These plans have been delivered to the District's water superintendent, are in his possession in his offices, and are hereby incorporated by this reference. b. Licensee shall convey to the District an easement for that section of the Rutledge Lateral relocated by Licensee under the terms of this agreement. In addition, as a condition of allowing Licensee to construct the baseball field within the District's easement, Licensee Is providing a access easement around the baseball field so that the District has continuous access along the Rutledge Lateral. Accordingly, Licensee shall also convey to the District an easement for the access and maintenance road. Execution and delivery of said easements are material and essential term of this agreement and if not executed and delivered, at the option of the District this agreement may be terminated and be of no force and effect. Upon request by Licensee and submission of a legal description to the District, the District shall relinquish its easement along the Rutledge Lateral where it has been replaced by relocation of the Rutledge lateral. C. The District and Licensee recognize that there is currently some uncertainty as to Licensee's ownership of a small portion of the real property described in Exhibit A, and that Licensee would have no authority to grant the District an easement across or over said property If It is not owned by Licensee. Licensee agrees that it shall make efforts to clarify and confirm Licensee's ownership of the property at Licensee's own expense and cost. If Licensee is ever determined not to be the owner of the property, Licensee shall indemnify, defend and !told harmless the District for any claims, demands, damages, injury, cost or expense incurred by or asserted against tite District arising out of the District's easement and pipe for the Rutledge Lateral across said property. In addition; Licensee agrees that if Licensee Is. determined not to be the owner of theproperty, and a suitable easement cannot be obtained from the recognized owner, Licensee agrees to relocate the Rutledge Lateral and theDistrict's easement onto property In which Licensee Is life undisputed property owner, at Licensee's sole cost and expense. LICENSE AGREEMENT -Page 6 d. The pipe,installation, and backfill shall, at a minimum, meet therequirements of the District and standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the pipe Is to be placed. e. Supplementing paragraph p of this agreement, within one week after Lite execution of this Agreement, the Licensee sball provide the District written notice that the facilities installed and work performed by the Licensee are ready for final inspection and approval by the District. 'Within one month after receiving such written notification :trona the Licensee, the District shall perform an inspection and, if the facilities have been constructed and installed and all work has been performed in compliance with the terms of this agreement, the District shall provide written notice to the Licensee of final approval. If the District's engineers perform such inspection, Licensee, sltalipay the District's engineers any reasonable charge in connection therewith. f. The Licensee shall not fill, alter, or perform any work affecting the Rutledge Lateral or lite District's easements for the Rutledge Lateral, and the Rutledge Lateral shall remain open and serviceable for use and maintenance by the District for Q irrigation and drainage purposes until and unless the Licensee has received written notice from theDistrict ofEnal approval of the construction and installation of the new ditch and pipe for the Rutledge Lateral as provided in paragraph d. Qf this agreement. After the Licensee receives notice offinal approval from the District, and upon request by Licensee and submission of a legal description to the District; the District shall relinquish Its easement along Edwards Lateral where it has been replaced by relocation of Rutledge Lateral. Licensee shall be responsible for operation and maintenance associated with the Licensee's backfill of the Rutledge Lateral. Licensee further agrees to Indemnify, hold harmless and defend the District from any injury, damages, claim, lion, cost and/or expense (including reasonable attornay's fees) incurred by, or asserted against, the District by reason of drainage or seepage associated with the Licensee's backfill of the Rutledge Lateral. g. With respect to the piping of the Rutledge Lateral, the District shall continue to have the right and responsibility for operation and maintenance of the relocated Rutledge Lateral, however, the Licensee shall be responsible for operation and maintenance associated with the Licensee's piping of the Rutledge Lateral, including rehabilitation or replacement of the pipe and rehabilitation of the District's casement for a period of three years from the date of this Agreement. Maintenance shall include, but not be limited to, the removal and disposal of silt, gravel, plant material, and all trash and debris which may accumulate in the pipe. Repairs shall include, but not be limited to, all repairs necessary to preserve the structural Integrity and unobstructed flowof water through the Rutledge Lateral and prevent thelossof water from the Rutledge Lateral. If the Licensee shall fall in any respect to properly operate, maintain and repair such portion of the Rutledge Lateral, then the District, at its option, and without impairing or in anyway affecting Its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to the Llcensee prior to the District's perform3ingsuch maintenance, repairor other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall Indemnify, hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph except for claims arising solely out of the negligence or fault of the District. h. The District's easement along the section of the Rutledge Lateral as relocated shall be SFO LICENSE AGREEMENT - Page 7 feet, 2.5 feet to the left and 15 feet to the right of the centerline looking downstream, and shall include all easements for the Rutledge Lateral described herein. The access easement that is to be granted to the District is described in said access easement. i. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. j. Licensee hereby indewniEes, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any taction taken or requirement Imposed by any party or entity, public orprvate, with respect to environmental matters relating to the subject matter, terms orperformance of this agreement unless the DIstrictsliallbe solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim, action or requirement. k. In the event the District is requiredby anygoven=ental authority to acquire or comply with any permit or other opera gnat requirements associated with Licensee's discharge and other activity which is the subject of this agreemen4 Licensee shall indemnify, }told harmless and defend the District form all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. 1. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, orprohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. M. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within the District's easements for the Rutledge Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. n. Piping and relocation of the Rutledge, Lateral shall be completed prior to March 15, 2006. All other construction shall be completed within one year of the date of this Agreement. Time is of the essence. 110ENSE AGREEMENT - Page 8 WARRANTY DEED :139 01' For Value Received D. M. D014NER and MARVELYN I. DOWNER, husband and wife, the grantors, do hereby grant, bargain, sell and convey unto JOINT SCHOOL DISTRICT NUMBER 2, ADA AND CANYON COUNTIES, IDAHO, the grantee , the following deserlbed premises, to -wit: Part of the SEk of the NEk of Section 11, Township 3 North, Range 1 West, Boise Meridian, in Ada County, Idaho, described as follows: beginning at a point on the section line which bears North 0*09' East, 125.00 feet from the quarter section corner common to Sections 11 and 12, T, 3N*, R. 1W., B.N.; thence North 89'381 West along a line parallel to the mid-section line of said Section 11, 205.43 feet to a point; thence North 0*091 East along a line parallel to the Easterly boundary line of said See. 11, 200.00 feet to a steel pin; thence North 89*381 West along a line parallel to the mid-section line of said See. 11, 190,00 feet to a steel pin; thence South 0609' West along a line parallel to the Easterly boundaryline of said See, 11, 126.72 feet to a steel pin; thence North 61*411 West, 95.12 feet to a steel pin, thence North 00221 East, 1.76 feet to a steel pin; thence North 61041' West, 173.20 feet to a steel pin; thence North 61*221 West, 151.80 feet to a steel din; thence South 0*221 West, 397.60 feet to a point on the mid-section line of said Section 11; thence North 89*38' West along the mid-section line, 559.45 feet to.the Southwesterly corner of the SEk NEk of said Sec. 11; thence North 00071 East along the Westerly boundary line of said SEk NEk, 1260.50 feet to a steel pin >on the southerly boundary line of the drain canal right-of-way; thence South 89*4803011 East along said boundary on a line parallel to and 60.00 feet Southerly of the Northerly boundary line of said SEk NEk, 976.58 feet to a steel pin; thence South 0*0191 West aj9ng a dine parallel to the Easterly boundary line of said East along a line parallel to the Northerly boundary line of the SEk NEk of said See, 11, 350.50 feet to a point on the section line common to said Sections 11 and 12; thence South 0*09' West along the section line, 1009-58 feet to the POINT OF BEGINNING. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. STATS Or IDAHO, COUNTY or ADA On this �?_ 3 day of Jan. r 10 73, before mV,,A,jt93,%ry publia in and for said State, personally apn6s'tea« i' 'Rand MARVELYN I. DO N R,,I.hupbapd and wife, lk� 1-11ons whose name a ai kn0m, fo?tq Wia t '. pe gn!bper.lbej to the w1041notrament, and acknowledged to me that theyexecut d the same, Notary Publio Residing at Merilian Idaho Comm. Expires .3- 'k -1-i 1y170; STATM Or IDAHO, COUNTY I hereby eartify that this inatrunjent was filed for retard at the request of tlnj muctillijil'i I 116c W. at _.ns' minutes past 3 o'clook/) in., this I if d.; Of 19 :?d I lit my office, and duly recorded Vok4 of Deeds at Pago Fees $A Mail to-_ A. VLAN I INt.-, womanly Dad 903-A V PrPted and For Company, Bob# SEWER WDtENT THIS INDENTURE, made this 17th day of October 1977, between Joint.School District No. 2, Ada and Canyon Counties, Idaho the part_X_ of the first part, and bereinaf ter called the Grantor—, and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; . r WITNESSETH WHIWAS, the Grantor desire„„ to provide a sanitary sewer right- of-way across the premises and property hereinafter particularly bounded and described; and WHIItEAS, the sanitary sever is to be provided for through an under- ground pipeline to be constructed by the Grantee; and - WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOV, TE WFORE, in consideration of the benefits to be received by the Grantor—, and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantor d6 es hereby give, grant and convey onto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: . A strip of land 20 feet in width adjacent to and centered upon the following described line; Commencing at the Southeast: corder of the NE 1/4 of Section 11, T. 3 N., R. 1 W., B.M., Ada County, Idaho, and running N. 89*10157" W. 1304.35 feat along the Southerly boundary of said NE 1/4, Section 11, to the TRUE POINT OF BEGINNING,or THE EASEMENT; thence N. 0°34133" E. 1307.06 feet to the POINT OF ENDING OF THE EASEMENT on the Northerly bank of Ninemile Creek; EXCEPTING THEREFROM all existing rights of way for West Pine Avenue and Ninemile Creek. The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with their maintenance, repair, and replacement at the convenience of the Gran- ,gee, with the free right of access to such facilities at any and all times. TO NAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto that the Grantee will timely complete the worts of laying the ,sanitary sewer line and restore the premises used therefor to a condi- t1on comparable with that existing prior to exercising this easement; that In making future repairs the Grantee will expediently replace and reatore the premises to a condition comparable to that existent prior to under- taking such repairs and replacements. TO GRANTOR hereby covenant_p and agree s that i.t_ will not place or allow to be placed any permanent structures on the area described for this easement which would interfere with the use of said described ease- ment for the purposes stated herein. IT IS BEREBY FURTHER AGREED that the Grantor— does hereby give and grant to the Grantee the right to use during initial construction an additional strip of land described as follows: A strip of land 30 feet In width adjacent to and Easterly of the above described permanent easement. IT IS UNDERST00D that the strip of land described in the previous paragraph is for the purpose of constructing said sanitary sewer line herein described, the same to expire when the initial construction is completed. IT IS UNDERSTOOD and agreed that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such sanitAry sewer line. • The Grantor � do„" hereby covenant with the Grantee that .pit_ , in lawfully seized and possessed of the aforementioned and described tract of land, and that „,iL ha_g,,, a good and lawful right to convey said ease- V=t, and that — LL will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. .IN WITNESS WHEREOF, the said part_y of the first part has hereunto r caused its officers to subscribe their signatures the day and yeas -first ' hereinabove written. Earl Mar , airman of Aug Hsi , int parer STATE QF IDAHO ) County of Ada ) 5 the Board Attest: xtS Clerk of the Board M ent ss On this 17th day of October in the year 1377 , before me the undersigned, a Notary Public in and for said State, personally appeared Earl Marks, Chairman of the Board and August Hein Superintendent of Joint School District Number 2, Ada and Canyon Counties, Idaho that executed the within instrument, and acknowledged to me that siad entity executed the same. IN WITNESS WHMOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing at Meridian , Idaho e ftautoe boveiln &gross to Xostmra the tpxopoCkX aov*&A in this sasowwt to Its present amaltoiva AnwALately ap► the mw let"a oil the pa aoiog of newt lb ost m A restoration rat ion Work tk "11 tow adsod MAA etioa to got tog all' baokfiil damn to costo ra • gxaAingi to acifLaal ADA COUNTY RECOADEN J. DAVID NAVARRO AMOUNT 6100 1 1018E IDAHO 0811910611:51 AM RECORDED RIOUESTOF III1lIIlIIIiIIIIIIill1111111f11111III Tllie One 1013118112 Order No.i A0544337 PERSONAL REPRESENTATIVE'S DEED FOR VALUE RECEIVED, CHRIS DE MPS ' Y PERSONAL REPRESENTATIVE OF THE ESTATE OF Ii{> Ii ,YXl tt�BXhI Ilk CLYDII L. DEMPSEY, DECEASED The Grantor(s),do(es) hereby grant, bargain sell and convey unto JOINT SCHOOL DISTRICT #2, AN IDAHO SCHOOL DISTRICT whose current address is 911 N. MERIDIAN ROAD, MERIDIAN, IDAI-10 83642 the Grantee(s), the following described premises, in Ada County, Idaho, TO WIT: Part of the Southeast quarter of the Northeast quarter of Section 11, Township 3 North, Range i West of the Boise Meridian, Ada County, Idaho, described as follows: . Beginning at a point on the Section line which bears North 0°09' Bast 125.00 feet from the Quarter Section corner common to Sections I I and 12, Township 3 North, Range 1 West, Boise Meridian; thence North 89°38' West along a line parallel to the mid-section line of said Section 11, 205.43 feet to a point, the REAL POINT OF BEGINNING; thence North 0°09' East along line parallel to the Easterly boundary line of said Section 11, 200.00 feet to a steel pin; thence North 89°38' West along a line parallel to (lie mid-section line ofsaid Section 11,190.00 feet to a steel pin; thence South 0°09' West along a line parallel to the Easterly boundary line of said Section 11, 126.72 feet to a steel pin; thence South 61 *4I' East 86 feet to a point; thence South 13°27' East 13,9 feet to a point; thence South 144 feet to a point; thence East 81 feet, more or less; thence North 125 foot; thence East 33.8 feet, more or less, to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with thoir appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantors) do(os) hereby covenant to and with lite said Grantec(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are frco front 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 all existing patent reservations, casements, rights) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including Irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor(s) will warrant and defend lite sane frorn all lawful claims whatsoever. Dated: 08/17/05 THE ESTATE OF CLYDE L. DEMPSEY BY: CHRIS 1D1'sM 1Y, PERSONAL EP R13SE TATI E State of IDAHO) County of ADA) On this 130day of AUGUST in the year of 200$, before me the undersigned, a notary public in and for said state, personally appeared CHRIS DEMPSEY, known or identified to me to be the person whose name is subscribed to the within instrument, as the Personal Representative of the instate of Clyde D. Dempsey and acknowledged to me that lie ex tit d the same as s h personal representative for said estate. kknkkk MAI sty Gerber orb S.fY Gg"�� r Notary Public ,+ �TAk a3 Residing in; Meridian, Idaho Expires! 6/12/2009 p AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO COUNTY OF ADA 1, G✓�3f' fi'DA sch'6r1r , _ / 3 D 3 c ,vrl--44Z PjCs Vi�- (name) (address) (city) (state) being first duly sworn upon, oatli, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: SGfl��' f��✓sdr✓ (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 _ -'Yo L1 (Signature) SUBSCRTBED AND SWORN to before me the day and year first above written. �••�4X OTA/Z y •�''�, (Notary Public for Idaho)) U�,`..• N.id's Residing at:VL • s p • My Commission Expires: J, • UB L� •. p •'�••, of i���y i�evelopment ■ Plaiming Division . 33 E. Broadway Avenue, Ste. 102 Meridinn, Idnho 83642 "��" Phone: 208-884-5533 Fax: 208-888-6854 uww.meridialicity.org/planning EIDIAN;1-- IDAHO Community Development Department Parcel Verification Date: 7-10-18 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: Meridian High School T/R/S: 3N 1W 11 Parcel Numbers: S1211141845 (33.378 Acres) Property Owner: Meridian Joint School District No 2 1303 E Central Dr Meridian, ID 83642 Address Verification Rev: 04/23/12 CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: Meridian High School Auditorium Date:08/07/2018 Applicant(s)/Contact(s): Scott Henson City Staff: Bill, Sam, Josh, Ryan, Bruce, Kenny, Tom Location: 1900 E. Pine Size of Property: 33.7 Comprehensive Plan FLUM Designation: MDR Design Guidelines Development Context: ❑ Urban ❑ Urban/Suburban ® Suburban ❑ Rural Existing Use: School Existing Zoning: R-4 Proposed Use: School Proposed Zoning: R-4 Surrounding Uses: Residential Street Buffer(s) and/or Land Use Buffer(s): Open Space/Amenities/Pathways: None required Access/Stub Streets/Street System: Sewer & Water Service: Water and sewer are stubbed to the property. Waterways/ Floodplain/Topography/Hazards: History: CUP -12-015; MCU -15-002 Additional Meeting Notes: The application will likely require the entire site to be brought up to current code, including perimeter landscaping and parking lot landscaping. The applicant can request that the Planning and Zoning Commission aloow the site to remain as is through a specific request in the protect narrative. Certificate of Zoning Compliance and Administrative Design Review are required for the project. The applicant should review the Architectural Standards Manual as it relates to commercial construction to see what the requirements are. 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: ® 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 Mod ification/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 andlor Comp Plan may affect your submittal andlor application. This pre -application meeting shall be valid for four (4) months. SIGN IN SHEET LCA Architects Meeting Date: 08.15.2018 Time: Location: MERIDIAN HIGH SCHOOL - 6:30 pm AUDITORIUM Type of Meeting: NEIGHBORHOOD MEETING Project Name: MERIDIAN HIGH Project #: File Code: SCHOOL 18011.01 AUDITORIUM (PLEASE PKIN 1) P:12018118011.01 WASD Meridian High School Auditorium104 Ownerl4f Project Forms118011-01-MHS Auditoduam -NHM Sign In Sheet- PAGE 1 OF 3 08152018.doc LCA Architects 1221 Shoreline Ln. Boise, ID 83702 ph: 208.345.6677 fx: 208.344.9002 MERDIAN HIGH SCHOOL AUDITORIUM / 18011.01 08.15.2018 / Sign In Sheet 18011-01-MHS Auditorium -NHM PAGE 2 OF 2 Sign In Sheet-08152018 doe LCA Architects 1221 Shoreline Ln. Boise, ID 83702 ph: 208.345.6677 fx: 208.345.6677 MERIDIAN HIGH SCHOOL AUDITORIUM 118011.01 08.15.2018 I Sign In Sheet 18011 -01 -MHS Auditorium -NHM PAGE 2 OF 3 Sian In Sheet-08152018.doc LCA Architects 1221 Shoreline Ln. Boise, ID 83702 ph: 208.345.6677 fx: 208.345.6677 UrGLI LCA Architects August 7, 2018 Invitation to a Public Information Meeting Dear Neighbor: This letter is an invitation to a public meeting to inform the neighbors of the West Ada School Districts desire to construct a new 780 seat auditorium at Meridian High School to serve the needs of the educational and extracurricular needs of the student body, The new auditorium is to be constructed in the existing courtyard and the new lobby will serve as the new entrance to the gymnasium. The meeting will be held in the existing auditorium (see map) at 6:30 p.m. on August 15th, 2018. Concept drawings will be presented, and questions will be taken at the meeting. This is not a public hearing; public officials will not present. If you have any questions regarding Meridian City Code neighborhood meeting requirements, please contact the Planning Division of the Planning & Development Services Department. Sincerely, Scott Henson Partner 1221 Shoreline Ln Boise, ID 83702 208.345.6677 fox.208.344.9002 Ica@Icarch.com www.Icarch.com 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 signature Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.orgiplanning Scott Henson From: Mindy Wallace <Mwallace@achdidaho.org> Sent: Friday, May 25, 2018 2:12 PM To: Priya Raman Cc: Scott Henson Subject: RE: Meridian High School - Auditorium Priya, Thank you for your quick response. ACHD would not have any requirements for this application. A traffic impact study is not required. Please let me know if you have any other questions. Mindy Mindy Wallace, AICP Planner III Ada County Highway District 208-387-6178 From: Priya Raman [mailto:priyar@lcarch.com] Sent: Friday, May 25, 2018 2:11 PM To: Mindy Wallace Cc: Scott Henson Subject: RE: Meridian High School - Auditorium Mindy, There will be NO additional classrooms or capacity for additional students. The program is to build an auditorium and spaces that support the auditorium use. Thank you, Priya Priya Raman, AIA LEED AP Architect LCA ARCHITECTS, P.A. architecture + interior design Icarch.com 1221 shoreline lane I boise, idaho 83702 tel: 208.345.6677 direct: 208.780.0042 fax: 208.344.9002 Privar@lcarch.com u O rfal LCA Architects Company: CITY OF MERIDIAN PLANNING Date: 08.22.2018 Attn: PLANNING Project #: 1011.01 Address: 33 E. Broadway Ave, Suite 102 Meridian ID 83642 I From: Scott Henson Transmitted are the following: Re: CUP SUBMITTAL TRANSMITTAL File Code: 4d Copies Dated No. Description 1 8.22.18 4 Overall Site Plan, Site Plan, Landscape Plan and Exterior Elevations Sheets — Full size 2 8.22.18 4 Overall Site Plan, Site Plan, Landscape Plan and Exterior Elevations Sheets — 8.5x11 reduction 3 8.22.18 Electronic disk with PDF files of drawings 4 8.22.18 Application, Narrative and required supporting documents. Sent By: ❑Mail ❑ Fax Transmitted as Checked Below: [I For Your Use ❑As Requested ❑Other: ■Hand Carry ❑Electronic Transfer ■For Review and Comment []Note Markings ❑For review, signature and return []Fed Ex ❑To Be Picked Up ❑No Exceptions Noted ❑Returned for Corrections Comments: CUP application and supporting documents are attached for Review. Kindly let us know if you need anything else. We look forward to hearing from you.\ Thank you. Contact information: Scott Henson — scotth(cDlcarch.com Priya Raman — priyar a()karch.com cc: 18011-01 4d T01 CUP SUBMITTAL Trans 082218 PR.doc LCA Architects 1221 Shoreline Ln. Boise, ID 83702 ph: 208.345.6677 fx: 208.344.9002 N o ffllwmmLR filummilo I i j. UTrFrMTffFF6' WFFFMTrrffFrUII Flv * LCA Architects, P.A 1. otm �2x lo I CUP OVERALL SITE AND LANDSCAPE PLAN Ll 22 6 HIDER ROAD W3 Wei WEST ADA SCHOOL DISTRICT MERIDIAN HIGH SCHOOL AUDITORIUM Flv * LCA Architects, P.A 1. 8 I CUP OVERALL SITE AND LANDSCAPE PLAN Ll L IN., W3 WEST ADA SCHOOL DISTRICT MERIDIAN HIGH SCHOOL AUDITORIUM Flv * LCA Architects, P.A 1. 8 I CUP OVERALL SITE AND LANDSCAPE PLAN Ll Ott_ _.- --------------- iL ----------------- Nix i umum .... flu i a a z ff fflmiUmaem. P, 1 till! nj R WEST ADA SCHOOL DISTRICT MERIDIAN HIGH SCHOOL AUDITORIUM I rotIRTYARD SITE PLAN 0 0 r O .� j 21 2agg tl 4A Swqm9 °; g 7 S WEST ADA SCHOOL DISTRICT MERIDIAN HIGH SCHOOL AUDITORIUM ■ �� E j} § § .. / . . .. 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