Victory Commons Subdivision No. 1 H-2020-0086 Order BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: SEPTEMBER 8, 2020
ORDER APPROVAL DATE: SEPTEMBER 22, 2020
IN THE MATTER OF THE )
REQUEST FOR FINAL PLAT )
CONSISTING OF 4 BUILDING ) CASE NO. 2020-0086
LOTS ON 5.81 ACRES OF LAND IN )
THE C-G ZONING DISTRICT FOR ) ORDER OF CONDITIONAL
VICTORY COMMONS ) APPROVAL OF FINAL PLAT
SUBDIVISION NO. 1. )
BY: )
BVA DEVELOPMENT, LLC )
This matter coming before the City Council on September 8, 2020 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of"PLAT SHOWING VICTORY COMMONS NO. 1
SUBDIVISION, LOCATED IN THE SW 1/4 OF SECTION 19, TOWNSHIP 3N,
RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2020,
HANDWRITTEN DATE: JUKE 23, 2020, by FRITZ BROWNELL, PLS,
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(VICTORY COMMONS SUBDIVISION NO. 1—2020-0086)
Page 1 of 3
Page 41
Item#2.
SHEET 1 OF 6," is conditionally approved subject to those conditions of Staff as
set forth in the staff report to the Mayor and City Council from the Planning and
Development Services divisions of the Community Development Department
dated September 8, 2020, a true and correct copy of which is attached hereto
marked"Exhibit A" and by this reference incorporated herein, and the response
letter from Roberta Stewart of BVA Development , a true and correct copy of
which is attached hereto marked"Exhibit B" and by this reference incorporated
herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City's
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(VICTORY COMMONS SUBDIVISION NO. 1—2020-0086)
Page 2 of 3
Page 42
Item#2.
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the 22nd day of
September , 2020.
By:
Robert E. Simison
Mayor, City of Meridian
Attest:
Chris Johnson
City Clerk
Copy served upon the Applicant,Planning and Development Services Divisions of the Community
Development Department and City Attorney.
By: Dated: 9-22-2020
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR(VICTORY COMMONS SUBDIVISION NO. 1—2020-0086)
Page 3 of 3
Page 43
►tem#2. EXHIBIT A
STAFF REPORT C: E IDIAN --
COMMUNITY DEVELOPMENT DEPARTMENT
HEARING 9/8/2020 Legend e
DATE: ff
Proje�t Laca�iar.
TO: Mayor&City Council I
FROM: Alan Tiefenbach,Associate Planner
208-489-0573
Bruce Freckleton,Development '
Services Manager
208-887-2211
SUBJECT: H-2020-0086 - r
Victory Commons Final Plat
Es
LOCATION: The site is located at 130 E.Victory Rd. -
and 3030 S. Meridian Rd., in the
southwest 1/4 of Section 19, T.3N. RJE.
I. PROJECT DESCRIPTION
Final Plat consisting of 4 commercial lots on 16.74 acres in the C-G zoning district. This is the first of
two phases,with a total of 12 lots.
II. APPLICANT INFORMATION
A. Applicant/Owner
Kuna Victory,LLC—901 Pier View Dr., Suite#210, Idaho Falls, ID 83402
B. Representative:
BVA Development,2775 W.Navigator Dr., Suite#220,Meridian ID 83642
III. STAFF ANALYSIS
The preliminary plat for this development was approved by City Council on June 9, 2020. The
preliminary plat consisted of 12 commercial lots on 16.74 acres, several of which already include
buildings presently under construction including an urgent care, flex building and a paint store. This
first phase consists of four lots on 5.81 acres.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat in accord with the requirements listed in UDC 11-6B-3C.2. All development shall comply with
the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district as well as
Development Agreement#2019-119405.
Pagel
Page 44
Item#2.
Because the size and configuration of the first four lots is consistent with the approved preliminary
plat, staff finds the proposed final plat is in substantial compliance with the approved preliminary plat
as required. However,there are still several outstanding issues. A condition of approval of the
preliminary plat was that prior to signature on the final plat for this phase,the applicant shall grant
cross access to parcels#R5915720030,R5915720042 and R6242270030 (parcels to the south and
east of the property)but staff has yet to see proof of this access.Also, a 25' wide buffer is required to
be installed along E.Victory Rd prior to occupancy of the first structure per the development
agreement. It does not appear this buffer has been completed. Finally,there is also a 35' landscape
buffer required along S. Meridian Rd, an entryway corridor. This buffer is to be measured from the
ultimate right-of-way as anticipated by the transportation agencies in accord with UDC 11-3B-7Cl.c.
Plat Note No. 13 states this results in a 16.5' wide landscape buffer which was established by
measuring 35' from existing back of curb (meaning much of the landscaping is within ITD right-of-
way). The applicant shall be required to obtain a ROW license agreement from ITD to install and
maintain this buffer prior to signature on the final plat.
IV. DECISION
Staff recommends approval of the proposed final plat within the conditions noted in Section VI of
this report.
Page 2
Page 45
V. EXHIBITS
A. Preliminary Plat(date: 11/20/19)
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B. Final Plat(date: 6/23/2020)
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C. Final Plat Easement Exhibit Showing Landscaping/Sidewalk Easements(date: 6/23/2020)
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Page 49
Item#2.
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Page 50
Item#2.
VI. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. All development shall comply with the terms of the approved preliminary plat(H-2019-
0150),Development Agreement(Inst. 20 1 9-1 1 9405)and any future amendments to that
agreement as applicable.
2. Direct lot access is prohibited to S. Meridian Road and E.Victory Road.
3. Prior to signature on the plat,the applicant shall provide a recorded cross agreement or add a
plat note that grants cross access to parcels#R5915720030, R5915720042 and R6242270030
in accord with the amended development agreement.
4. A 25-foot wide landscape buffer along E. Victory Road shall be constructed prior to
occupancy of the first structure in accord with the amended development agreement. The
landscape buffer shall be installed in accord with UDC 11-3B-7C.
5. The landscape plan prepared by Baer Design Group,dated 7/28/2020, is approved as
submitted.
6. The final plat prepared by Fritz Brownell,Horrocks Engineers, dated 6/23/20 is approved
with the following comments:
a. On the face of the plat insert the recorded water and pedestrian easement numbers.
b.Note#11, 12 and 15—insert instrument numbers.
7. The required landscape buffers along Meridian and Victory Roads shall be measured from the
ultimate right-of-way as anticipated by the transportation agency in accord with UDC 11-3B-
7C1.c. The applicant shall be required to obtain a ROW license agreement from ITD to install
and maintain the buffer along S. Meridian Road prior to signature on the final plat.
8. If the City Engineer's signature has not been obtained on the final plat within two(2)years of
the City Council's approval of the subject preliminary plat(June 23, 2022),the preliminary
plat shall become null and void unless a time extension is obtained as set forth in UDC 1I-
6B-7.
9. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
10. All future structures constructed within the development shall to comply with the elevations
in the amended development agreement,the design standards listed in UDC 11-3A-19 and
those in the Architectural Standards Manual.
11. Certificate of Zoning Compliance and Administrative Design Review applications are
required to be submitted to the Planning Division for approval of all future buildings on the
site prior to applying for a building permit.
Page 8
Page 51
Item#2.
B. Public Works
Site Specific Conditions:
1. This phase of the development will result in a long deadend water main which may result in
poor water quality. Looping the water system back to Victory Rd as shown in the Preliminary
Plat will eliminate this issue.
2. Public Works Department suggests the elimination of the proposed parallel water main off of
Meridian Rd by utilizing the existing water main in the driveway entrance. The proposed water
meter and hydrant could be connected off of the existing water main.
3. Is the new proposed hydrant near Meridian Rd needed?There is an existing hydrant just south
of the driveway entrance.
General Conditions:
4. Sanitary sewer service to this development is available via extension of existing mains adjacent
to the development. The applicant shall install mains to and through this subdivision;applicant
shall coordinate main size and routing with the Public Works Department,and execute standard
forms of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
5. Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
6. All improvements related to public life,safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
7. Upon installation of the landscaping and prior to inspection by Planning Department staff,the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
8. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
9. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided
by the owner to the City. The applicant shall be required to enter into a Development Surety
Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable
letter of credit, cash deposit or bond. Applicant must file an application for surety, which can
be found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
10. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, and water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
provided by the owner to the City. The surety can be posted in the form of an irrevocable letter
of credit, cash deposit or bond. Applicant must file an application for surety, which can be
found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
Page 9
Page 52
Item#2.
11. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC I I-1-4B.
17. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
18. The engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
19. The applicant's design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
20. At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
21. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development
plan set for approval, which must include the location of any existing street lights. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and
Utility Coordinator at 898-5500 for information on the locations of existing street lighting.
22. The applicant shall provide easement(s)for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easement widths shall be 20-feet wide
for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,
but rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed, and approved prior to signature of the final plat by the City Engineer.
Page 10
Page 53
Item#2.
23. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
24. Any existing domestic well system within this project shall be removed from domestic service
per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at
(208)888-5242 for inspections of disconnection of services. Wells may be used for non-
domestic purposes such as landscape irrigation if approved by Idaho Department of Water
Resources.
25. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
26. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available,a single-point
connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common areas
prior to development plan approval.
27. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
Page 11 —
Page 54
Item#2.
Alan Tiefenbach
From: Roberta Stewart <roberta@bvadev.com>
Sent: Tuesday, September 8, 2020 4:21 PM
To: Alan Tiefenbach
Subject: RE: quick phone call - Victory Commons Response to Staff Report (H-2020-0086)
External Sender -Please use caution with links or attachments.
thanks! It'll be easy peasey!
ROBERTA STEWART
robertaCcDbvadev.com 1 (208)616-1050
Ball Ventures Ahlquist
IV bvadev.com
From:Alan Tiefenbach <atiefenbach@meridiancity.org>
Sent:Tuesday, September 8, 2020 4:19 PM
To: Roberta Stewart<roberta@bvadev.com>; Bill Parsons<bparsons@meridiancity.org>
Cc:Tonn Petersen <tonn@bvadev.com>; Rob Sunderlage<RobS@horrocks.com>; Kindi Moosman
<kindi.moosman@horrocks.com>
Subject: RE: quick phone call -Victory Commons Response to Staff Report (H-2020-0086)
It will be on consent, so unless you want to contest,there will not even be a presentation.
Alan Tiefenbach I Current Associate Planner
City of Meridian I Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 1 Fax: 208-489-0571
C,-/(fE ID
Built for Business, Designed for Living
From: Roberta Stewart<roberta@bvadev.com>
Sent:Tuesday, September 8, 2020 4:18 PM
To:Alan Tiefenbach <atiefenbach@meridiancity.org>; Bill Parsons<bparsons@meridiancity.org>
Cc:Tonn Petersen <tonn@bvadev.com>; Rob Sunderlage<RobS@horrocks.com>; Kindi Moosman
<kindi.moosman@horrocks.com>
Subject: RE: quick phone call -Victory Commons Response to Staff Report (H-2020-0086)
External Sender - Please use caution with links or attachments.
1 Page 55
ttem#2. and Bill: I'll be at the 6:00 p.m. Consent Agenda tonight for the Victory Commons item. We are not contesting
any issues, and we are requesting that the final plat be approved. If the meeting room is open to the public and if you
prefer that I be there in person for any reason, please let me know, and I'll come to City Hall tonight. Otherwise, you will
find me on Zoom. Thanks,
ROBERTA STEWART
roberta(o)bvadev.com 1 (208)616-1050
Ball Ventures Ahlquist
IV bvadev.com
From:Alan Tiefenbach <atiefenbach@meridiancity.org>
Sent:Tuesday, September 8, 2020 1:51 PM
To: Roberta Stewart<roberta@bvadev.com>
Cc:Tonn Petersen <tonn@bvadev.com>; Rob Sunderlage<RobS@horrocks.com>
Subject: RE: quick phone call -Victory Commons Response to Staff Report (H-2020-0086)
Staff talked about the access issue.
Leaving aside the current plat,this is a condition of the development agreement (DA).The DA says prior to C/O of the
FIRST STRUCTURE, access must be provided to all three parcels. We cannot change this requirement without amending
the DA. In order to amend the DA, a neighborhood meeting is required and a Council meeting.This note has been on the
development agreement,the preliminary plat and now the final plat.
Regardless of this plat, access from E. Victory must be established before a C/O is issued for the urgent care.
I recommend your team figure out the best way to accomplish this while leaving yourself enough flexibility.
Alan Tiefenbach Current Associate Planner
City of Meridian Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 1 Fax: 208-489-0571
C,-/(fE ID
Built for Business, Designed for Living
From: Roberta Stewart<roberta@bvadev.com>
Sent:Tuesday, September 8, 2020 11:18 AM
To:Alan Tiefenbach <atiefenbach@meridiancity.org>
Cc:Tonn Petersen <tonn@bvadev.com>; Rob Sunderlage<RobS@horrocks.com>
Subject: quick phone call -Victory Commons Response to Staff Report (H-2020-0086)
External Sender - Please use caution with links or attachments.
Hey Alan: would you have 5 or 10 minutes to talk with me,Tonn, and our engineer Rob Sunderlage if we call you on the
phone at 11:30? It's about tonight's consent agenda item for Victory Commons. If you have a few minutes, what
number should we dial to reach you?
2 Page 56
Item#2.
ROBERTA STEWART
robertaCa)bvadev.com 1 (208)616-1050
10V Ball Ventures Ahlquist
bvadev.com
From:Alan Tiefenbach <atiefenbach@meridiancity.org>
Sent: Friday, September 4, 2020 10:51 AM
To: Roberta Stewart<roberta@bvadev.com>
Cc:Tonn Petersen <tonn@bvadev.com>; Rob Sunderlage<RobS@horrocks.com>; Kindi Moosman
<kindi.moosman@horrocks.com>; Bill Parsons<bparsons@meridiancity.org>; Brian Bentler
<brianb@cuttingedgelandscape.com>
Subject: RE: Victory Commons Response to Staff Report (H-2020-0086)
Sorry, I accidently sent before I had finished the email. Please see the completed email below.
Alan Tiefenbach Current Associate Planner
City of Meridian Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 1 Fax: 208-489-0571
WE I I�
Built for Business, Designed for Living
From:Alan Tiefenbach
Sent: Friday, September 4, 2020 10:46 AM
To: 'Roberta Stewart'<roberta@bvadev.com>
Cc:Tonn Petersen <tonn@bvadev.com>; Rob Sunderlage<RobS@horrocks.com>; Kindi Moosman
<kindi.moosman@horrocks.com>; Bill Parsons<bparsons@meridiancity.org>
Subject: RE: Victory Commons Response to Staff Report (H-2020-0086)
Roberta,
Thanks for your response to the staff report.
I talked to Bill Parsons about what you have outlined. He said he's had discussions with Tom Jr. as recently as last week
and he has been kept aware of all the issues.
In regard to the access agreements you provided, I have not looked at them in detail so I cannot comment. I do not see
exhibits or easements shown on the revised plat, so my understanding is this is a general agreement to the access
without knowing the exact alignment at this point- correct?
In regard to the requirement for the access to R6242270030,the "third parcel" adjacent to E.Victory Rd.This
requirement was not just added to the amended DA without discussion.This requirement was listed with the
preliminary plat,the final plat AND the DA. Per UDC 11-3A-3 "where access to a local street is not available,the
property owner shall be required to grant cross-access/ingress-egress easements to adjoining properties." Even though
this is a 1.8 acre parcel, it is zoned R-4.This allows 8,000 sf lots. It is a tree farm now, but it will probably redevelop in
3 Page 57
ttem#2. re, and this could result in as many as eight new lots. We cannot allow more access from an already non-
conforming condition. Access must be provided. Understand this is a DA requirement; the note cannot be removed from
the plat nor can the condition of approval be stricken. A DA modification would be required—meaning a neighborhood
meeting and a separate scheduled Council hearing.This would delay this present application, and staff would not
support this request.
Regarding the landscape strip along E.Victory going in prior to C/O of first building-This was mentioned in the
preliminary plat,the DA,the final plat AND with the Urgent Care CZC.Just because it was listed on the CZC does not put
the responsibility on that particular applicant. It's been mentioned repeatedly so it is not missed. If you cannot install
the landscape strip at this time,you can put up a surety with a timeline of when it would be installed.
I might not have understood your response regarding the license agreement from ITD. You are providing 16.5' of a
buffer with the explaination that the remaining 16.5 is already installed along S. Meridian/ Kuna.That's great, but we
have to have something from ITD that says they are allowing you to have it there and maintain it.
It appears Land Development does not have any concerns in regard to any of your other comments or the slight
easement reconfigurations.
This case is scheduled for the consent agenda on the Council WORK SESSION on Tuesday the 8th at 4:30. If you want to
contest the recommendations of the staff report, it will be rescheduled for the next formal hearing, which would
probably be September 15.
Alan Tiefenbach I Current Associate Planner
City of Meridian I Community Development Dept.
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533 1 Fax: 208-489-0571
dE I I�
Built for Business, Designed for Living
From: Roberta Stewart<roberta@bvadev.com
Sent:Thursday, September 3, 2020 11:53 AM
To:Alan Tiefenbach <atiefenbach@meridiancity.org>
Cc:Tonn Petersen <tonn@bvadev.com>; Rob Sunderlage<RobS@horrocks.com>; Kindi Moosman
<kindi.moosman@horrocks.com>
Subject:Victory Commons Response to Staff Report(H-2020-0086)
External Sender - Please use caution with links or attachments.
Hi Alan: attached is our response to the Staff Report for Final Plat hearing before City Council on September 8th. Also
attached are the two recorded easements giving cross-access to the two commercial lots in Mussell Corner
Subdivision. Finally, attached is a slightly revised final plat dated 9/1/2020. There were some items revised since
6/23/2020, which is the version currently under review. We request that Staff and City Council consider this 9/1/2020
final plat draft in the upcoming hearing instead. In the response, you will see a description of the 7 small items that
were changed on the final plat. Finally, please note that the only building currently under construction at the site is the
Urgent Care. I don't think the Sherwin Williams store has started construction; there has only been pad prep by the
developer. The permit for the Flex Building has not been picked up yet, so there is no construction on that lot either.
4 Page 58
Item#2.
Please let me know if you have any comments or questions.
P_ ROBERTA STEWART
robertaCcDbvadev.com 1 (208)616-1050
Ball Ventures Ahlquist
bvadev.com
City of Meridian
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-888-4433
www.meridiancity.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to
both release and retention, and may be released upon request, unless exempt from disclosure by law.
5 Page 59
Item#2. .
BALL
VENTURES
AH LQUIST
September 4, 2020
Meridian City Planning Division
33 E. Broadway Ave., Suite#102
Meridian,ID 83642
Re: Response to Staff Report for Victory Commons Final Plat(H-2020-0086)
Dear Planning Division Staff:
On behalf of our client,BVA Development,we submit this response to the recent Staff Report issued with
respect to our Final Plat application(H-2020-0086). As you know,the hearing is scheduled for September
8,2020.
We generally agreed with the items set forth in the Comments & Conditions section of the Staff Report.
However,there were a few items that required a response, and we set forth our responses below is red font.
I. CITY/AGENCY COMMENTS & CONDITIONS
A. Planning Division
1. All development shall comply with the terms of the approved preliminary plat(H-
2019-0150), Development Agreement(Inst. 2019-119405) and any future
amendments to that agreement as applicable. Applicant partially agrees, except
Applicant requests that the condition requiring a recorded cross access agreement
between the Subdivision and residential parcel R6242270030 be removed from the
Final Plat requirements, Preliminary Plat requirements and Development Agreement
requirements. (See more detailed response to item#3 below)
2. Direct lot access is prohibited to S. Meridian Road and E. Victory Road.
3. Prior to signature on the plat, the applicant shall provide a recorded cross agreement
or add a plat note that grants cross access to parcels#R5915720030, R5915720042
and R6242270030 in accord with the amended development agreement. With this
response, Applicant has provided copies of the recorded cross-access agreements
between the Victory Commons Subdivision and parcels R5915720030 and
R5915720042. Specifically,Notice of Cross-Access Easement Location(Instrument
#2020-100154) grants access to both commercial parcels across any and all drive
aisles and sidewalks inside the Victory Commons subdivision. Notice of Cross-
2775 W. Navigator Dr., Suite 220, Meridian, ID 83642 1 208.616.1050 1 www.bvadev.com Page 60
Item#2.
Access Easement Relocation (Instrument#2020-100153)relocated the access point
on the Legacy Feed and Fuel parcel#R5915720030 where it connects with the
Victory Commons subdivision.)
There is a 3rd contiguous parcel that is required to have cross-access with the Victory
Commons Subdivision(Residential Parcel No. R6242270030). Applicant, however,
requests that this cross-access requirement be removed as to this parcel. The
requirement of cross access with this residential parcel was not in the original
Development Agreement and was introduced for the first time in the Modified DA. It
was not the subject of discussion between Staff and Applicant, requiring us to raise it
in this response.
The cross-access with Residential Parcel R6242270030 is unnecessary because this
relatively small residential parcel, approximately 1.8 acres, already has direct access
on to Victory Road, allowing the homeowner to conveniently access the public roads.
Additionally, cross access with the residential parcel will not create any measurable
convenience for the homeowner, and it will not create any benefit or consideration of
any kind for Applicant. That parcel is small, and any future change in use or other
development of that parcel would not necessitate any more access than it already has.
Even if it did, the owner thereof would need to negotiate for the additional access
through Applicant's property and give consideration to Applicant because there is no
reciprocal need or benefit to Applicant.
Requiring that cross access,which solely benefits the neighboring residential parcel,
will (i) require Applicant to allocate property for unanticipated access ways; (ii) limit
Applicant's building configuration options on the lot adjacent to such parcel; and(iii)
increase costs and expenses to Applicant due to additional access way improvements,
all with no benefit or consideration to Applicant.
Furthermore, restrictive covenants have already been recorded encumbering
Applicant's property, which covenants prohibit granting easements to properties
outside of those that are parties to said covenants and restrictions.
Finally, it should be noted that NMID uses the residential parcel's direct access from
Victory Road to reach the pump station and diversion box along the Kennedy Lateral.
NMID does not need cross access from the Subdivision to reach these irrigation
items.
4. A 25-foot wide landscape buffer along E. Victory Road shall be constructed prior to
occupancy of the first structure in accord with the amended development agreement.
The landscape buffer shall be installed in accord with UDC 11-3B-7C.
Conditions of approval have been granted for Victory Commons Urgent Care (DES,
CZC A-2019-0361). This condition should be satisfied under the current conditions of
2
Page 61
Item#2.
approval for the Urgent Care as the first occupancy. A surety will be in place for
remaining landscape work not completed before occupancy.
5. The landscape plan prepared by Baer Design Group, dated 7/28/2020, is approved as
submitted.
6. The final plat prepared by Fritz Brownell, Horrocks Engineers, dated 6/23/20 is
approved with the following comments:
a. On the face of the plat insert the recorded water and pedestrian easement numbers.
b. Note#11, 12 and 15 —insert instrument numbers.
Applicant is requesting Staff and City Council to review and approve an updated draft
Final Plat dated 9/l/2020. This updated final plat shows the following changes:
1. Minor modification of Waterline and Sewer Easements
2. Clarification of Owner Title and Owner Entity
3. Specifying Water Easement beneficiaries
4. Modifying Business Owners Association entity for maintenance.
5. Removal of access to Kuna Note
6. Updating Declaration call out and Instrument Number
7. General Text clean up (formatting etc.)
7. The required landscape buffers along Meridian and Victory Roads shall be measured
from the ultimate right-of-way as anticipated by the transportation agency in accord
with UDC 11-313-70.c. The applicant shall be required to obtain a ROW license
agreement from ITD to install and maintain the buffer along S. Meridian Road prior
to signature on the final plat.
ITD has approved an Approach Permit for the construction of a new right in/right out
access on Meridian Road. There is no additional ROW needed for this improvement
and the existing landscaping is to remain(protected) and maintained by property
owner under any existing agreement.
8. If the City Engineer's signature has not been obtained on the final plat within two (2)
years of the City Council's approval of the subject preliminary plat(June 23, 2022),
the preliminary plat shall become null and void unless a time extension is obtained as
set forth in UDC 11-6B-7.
9. Prior to submittal for the City Engineer's signature, have the Certificate of Owners
and the accompanying acknowledgement signed and notarized.
10. All future structures constructed within the development shall to comply with the
elevations in the amended development agreement, the design standards listed in
UDC 11-3A-19 and those in the Architectural Standards Manual.
11. Certificate of Zoning Compliance and Administrative Design Review applications are
required to be submitted to the Planning Division for approval of all future buildings
on the site prior to applying for a building permit.
3
Page 62
Item#2.
B. Public Works
Site Specific Conditions:
1. This phase of the development will result in a long deadend water main which may result in
poor water quality. Looping the water system back to Victory Rd as shown in the Preliminary
Plat will eliminate this issue.
The waterline is intended to be extended to Victory Road as shown in the Preliminary Plat.
This work will occur in Phase 2 of the project. The buildings within Phase 1,upon completion,
will use water and maintain flow in the majority of the Phase 1 waterline and should minimize
any stagnant water.
2. Public Works Department suggests the elimination of the proposed parallel water main off of
Meridian Rd by utilizing the existing water main in the driveway entrance. The proposed water
meter and hydrant could be connected off of the existing water main.
The City has approved the public improvements for Phase 1 of development (Victory
Commons—Common Area Improvements), and these water connections have been made per
the approved plans. Field verification of connections and crossing have been made and city
inspector has signed off on the construction of water lines. This work has been completed.
3. Is the new proposed hydrant near Meridian Rd needed?There is an existing hydrant just south
of the driveway entrance.
Fire hydrants have been placed to account for distance to FDC of future buildings. This has
been constructed per approved plans.
General Conditions:
4. Sanitary sewer service to this development is available via extension of existing mains adjacent
to the development. The applicant shall install mains to and through this subdivision;applicant
shall coordinate main size and routing with the Public Works Department,and execute standard
forms of easements for any mains that are required to provide service. Minimum cover over
sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than
alternate materials shall be used in conformance of City of Meridian Public Works Departments
Standard Specifications.
5. Water service to this site is available via extension of existing mains adjacent to the
development. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
6. All improvements related to public life,safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance
surety for such improvements in order to obtain City Engineer signature on the final plat as set
forth in UDC 11-5C-3B.
7. Upon installation of the landscaping and prior to inspection by Planning Department staff,the
applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A.
8. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat.
9. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure
prior to final plat signature. This surety will be verified by a line item cost estimate provided
by the owner to the City. The applicant shall be required to enter into a Development Surety
Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable
4 Page 63
Item#2.
letter of credit, cash deposit or bond. Applicant must file an application for surety, which can
be found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
10. The City of Meridian requires that the owner post to the City a warranty surety in the amount
of 20% of the total construction cost for all completed sewer, and water infrastructure for a
duration of two years. This surety amount will be verified by a line item final cost invoicing
provided by the owner to the City. The surety can be posted in the form of an irrevocable letter
of credit, cash deposit or bond. Applicant must file an application for surety, which can be
found on the Community Development Department website. Please contact Land
Development Service for more information at 887-2211.
11. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
12. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
13. It shall be the responsibility of the applicant to ensure that all development features comply
with the Americans with Disabilities Act and the Fair Housing Act.
14. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
15. Developer shall coordinate mailbox locations with the Meridian Post Office.
16. All grading of the site shall be performed in conformance with MCC 11-1-4B.
17. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill,where footing would sit atop fill material.
18. The engineer shall be required to certify that the street centerline elevations are set a minimum
of 3-feet above the highest established peak groundwater elevation. This is to ensure that the
bottom elevation of the crawl spaces of homes is at least 1-foot above.
19. The applicant's design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed
in accordance with the approved design plans. This certification will be required before a
certificate of occupancy is issued for any structures within the project.
Conditions of approval have been granted for Victory Commons Urgent Care (DES,
CZC A-2019-0361). The construction of a seepage bed facility has been completed
and signed off per the required conditions for this building/parking lot. The
certifications for the seepage beds will be accomplished at the time of development of
each pad.
20. At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
Record Drawings will be provided at the completion of the overall common area
improvements. The record drawings for each individual pad development will be
provided prior to occupancy. Conditions of approval have been granted for Victory
Commons Urgent Care (DES, CZC A-2019-0361) and these as-builts for this
5 Page 64
Item#2.
building/improvements to this building will be provided prior to occupancy. We
request that the as-builts be a condition of the final plat(and each pad development
will address specific public improvements needed through each respective condition
of approval)
21. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer's expense. Final design shall be submitted as part of the development
plan set for approval, which must include the location of any existing street lights. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and
Utility Coordinator at 898-5500 for information on the locations of existing street lighting.
22. The applicant shall provide easement(s)for all public water/sewer mains outside of public right
of way (include all water services and hydrants). The easement widths shall be 20-feet wide
for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,
but rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement(on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted,reviewed,and approved prior to signature of the final plat by the City Engineer.
23. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
24. Any existing domestic well system within this project shall be removed from domestic service
per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at
(208)888-5242 for inspections of disconnection of services. Wells may be used for non-
domestic purposes such as landscape irrigation if approved by Idaho Department of Water
Resources.
25. Any existing septic systems within this project shall be removed from service per City
Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for
abandonment procedures and inspections.
26. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available,a single-point
connection to the culinary water system shall be required. If a single-point connection is
utilized,the developer will be responsible for the payment of assessments for the common areas
prior to development plan approval.
The irrigation system will be primarily sourced through NMID water rights.The backup system
will be through a single point connection to the city culinary system.
27. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per
UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207
and any other applicable law or regulation.
6
Page 65
►tem#2. AAA COUNTY RECORDER Phil McGrane 2020.100154
BOISE IDAH❑ Pgs=3 CHE FOWLER 081061 020 02 AMOLINT17 6 p
PM
After recording, i'G'tllYP1 CO: pAVIQ STEWARTIII 1lI1I111111I1I1111ll11111111 11 111 1111 111 111 111
Kuna Victory, LLC 00826091202001001540030032
PO Box 51298
Idaho Falls, ID 83405
Space is o,w +vcd lbr aye by Recorder•
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION
This NOTICE OF EASEMENT RELOCATION is given on duly �p ,2020 by KUNA VICTORY,
LLC, an Idaho limited liability company("KV").
RECITALS
WHEREAS, KV owns the real property described on Exhibit A attached hereto ("KV Property")
which property is subject to that certain Cross-Access Easement Agreement recorded with the Ada County
Recorder on November 18, 2005 as Instrument No. 105175653("Agreement").
WHEREAS, Paragraph 1.4 of the Agreement allows KV to relocate and/or reconfigure all or a
portion of the Access Easement Parcel(defined in the Agreement)lying on its property by delivering written
notice to the other Owners.
RELOCATION
NOW THEREFOR, KV hereby gives notice to the other Owners, and their heirs and successors
that all portions of the Access Easement Parcel, situated upon the KV Property, as described in the
Agreement are hereby relocated and reconfigured to encompass all drive lanes for vehicle traffic as may be
located on the KV Property from time to time and all sidewalk areas for pedestrian traffic as may be located
on the KV Property from time to time. Nothing herein shall prohibit KV or its successors from
reconfiguring drive lanes and sidewalks as permitted in the Agreement and KV hereby reserves the right to
define a specific location for the Access Easement Parcel on the KV Property.
KUNA VICTORY,LLC
By: BV Management Services,Inc., an Idaho
corporation,the M ager
r
By:
Cortney tiddiard, Pres ent
STATE OF BONNEVILLE }
}ss.
County of Idaho }
On the�T day of ,2020,before me the undersigned,a notary public in and for
said State, personally appeared Corti4ey Liddiard, known or identified to me to be the President of BV
Management Services, hie., which corporation is the Manager of Kuna Victory, LLC, and the Manager
who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me
that such corporation as the Manager executed the same in said limited liability company name.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and
year in tECOMMMNOTARY
f r' t
DD K.JONES
(seal) SION NO.20181559 Notary ublic for Idah
Pl1$1_IC
ATE OF IOAHO
SSION EXPIRES 8I24124
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - I Page 66
Item#2.
�` i "
Page 67
Item#2.
EXHIBIT A
Legal Description of KV Property
Parcel A
This parcel is situated in Goverturient Lot 4 of Section 19,Township 3 north,Range 1 East,Boise Meridian,
City of Meridian, Ada County, Idaho,being all of Lot 1 and a portion of Lot 2, Block 1 of Mussell Corner
Subdivision, on file in Book 95 of Plats at pages 1 1 624-1 1 626, also being a portion of Parcel A of Record
of Survey Property Boundary Adjustment No. 8699, records of Ada county, Idaho, more particularly
described as follows:
COMMENCING at the southwest corner of said Government Lot 4;thence along the west boundary of said
Government Lot 4,
1) N.00°38'36"E., 725.70 feet; thence leaving said west boundary,
2) S.89031'23"E.,70.00 feet to a point on the east right-of-way of South Kuna-Meridian Road as it now
exists and the POINT OF BEGINNING; thence along said right-of-way,
3) N.00°38'36"E., 605.56 feet to the northwest corner of said Mussell Subdivision; thence along the
north boundary of said Mussell Subdivision,
4) N.89°41'44"E., 162.07 feet to a found 5/8-inch diameter iron rod marking the northeast corner of said
Mussell Corner and a point of curvature; thence along the east boundary of said Mussell Corner and a
curve to the left,
5) Having a radius of 655.00 feet,an arc length of 438.43 feet, through a central angle of38°21'05",and
a long chord which bears S.31*35'05"E., 430.29 feet; thence continuing,
6) S.50045'37"E., 558.77 feet;thence,
7) S.53°22'31"E.,264.29 feet to the most northerly comer of Lot 5,Block 1 of said Mussell Corner;
thence along the northwesterly boundary of said Lot 5,
8) S.36°32'25"W.,32.16 feet to a found 5/9-inch diameter iron rod marking the most westerly corner of
said Mussell Corner; thence along the southwesterly boundary of said Lot 5,
9) S.53004'23"E.,21.53 feet to a found 51.8-inch iron rod marking the most southwesterly corner of said
Lot 5;thence along the south boundary of said Lot 5,
10) S.89°40'45"E.,18.57 feet to a found 5/8-inch diameter iron rod marking the southeasterly boundary of
said Lot 5; thence, along the easterly boundary of said Mussell Corner also being the east boundary of
said Government Lot 4,
l 1) S.00°29'09"W., 361,08 feet to the southeast corner of said Mussell Corner and a point on the north
right-of-way of E. Victory Road; thence, along the south boundary of said right-of-way and Mussell
Corner,
12) S.89°42'17"W., 633.33 feet to a point on the westerly boundary of said Parcel A; thence along said
westerly boundary,
13) N.00°00'00"E., 159.17 feet to a found 5/8-inch diameter iron rod; thence continuing,
14) N.89°04'23"W., 104.01 feet; thence continuing,
15) N.00055'37"E., 110.06 feet;thence continuing,
16) N.89°04'23"W.,51.53 feet;thence continuing,
17) N.00°38'36"E., 169.53 feet to the southeast corner of said Lot 2; thence along the south boundary of
said Lot 2,
18) S.89°42-17"W., 59.03 feet; thence leaving said south boundary,
19) N.00°55'07"E.,231.82 feet;thence,
20) N.89°31'23"W.,212.21 feet to the POINT OF BEGINNING.
Containing 680,123 square feet(15.613 acres),more or less.
and
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - 2 Page 68
Item#2.
Parcel B
This parcel is situated in Government Lot 4 of Section 19, Township 3 North, Range 1 East of the Boise
Meridian,City of Meridian,Ada County, Idaho,being a portion of Lots 1 and 2,Block 1 of Mussell Corner
Subdivision, on file in Book 95 of Plats,Pages 11624-11626, also being a portion of Parcel A of Record of
Survey Property Boundary Adjustment No.8699,records of Ada county,Idaho,more particularly described
as follows:
COMMENCING at the southwest corner of said Government Lot 4;thence along the west boundary of said
Government Lot 4,
1) N.00°38'36"E., 725.70 feet; thence leaving said west boundary,
2) S.89°31'23"E., 70.00 feet to a point on the west boundary of said Lot 1,being coincident with the
east right-of-way of S. Kuna-Meridian Road as it now exists and the POINT OF BEGINNING;
thence leaving said west boundary,
3) S.89°31'23"E.,212.21 feet; thence,
4) S.00°55'07"W., 231.82 feet to a point on the south boundary of said Lot 2; thence along said south
boundary,
5) S.89.42'17"W., 211.12 feet to a point on said east right-of-way; thence along said east right-of-way
6) N.00°38'36"E., 234.66 feet to the POINT OF BEGINNING.
CONTAINING 49,363 square feet(1.133 acres),more or less.
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - 3 Page 69
Item#2.
ADA COUNTY RECORDER Phil McGrane 2020-100153
After recording, rel2rrn to: BOISE IDAHO Pgs=6 CHE FOWLER 08106/2020 02:47 PM
aAVID STEWART AMOUNT:$25.00
Duna Victory,LLC 11I�11111111I11I1f��111���1111111111111111111
PO Box 51298 00826090202001001630060066
Idaho.Falls, ID 83405
Space it reservedjor use by Recorder
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION
This NOTICE OF CROSS-ACCESS EASEMENT RELOCATION is given on June,,2020 by
VANDER WOUDE AND SON, LLC,an Idaho limited liability company("VWS").
RECITALS
WHEREAS, VWS owns the real property described on Exhibit A attached hereto ("VWS
Property") which property is subject to that certain Cross-Access Easement Agreement recorded with the
Ada County Recorder on November 18,2005 as Instrument No. 1051.75653 ("Agreement").
WHEREAS, Paragraph 1.4 of the Agreement allows VWS to relocate and/or reconfigure all or a
portion of the Access Easement Parcel(defined in the Agreement)lying on its property by delivering written
notice to the other Owners.
RELOCATION
NOW THEREFOR, VWS hereby gives notice to the other Owners,and their heirs and successors
that a portion of the Access Easement Parcel,situated upon the VWS Property,as said portion is described
and depicted on Exhibit B attached hereto("Vacated Easement Area")is hereby relocated and reconfigured
to encompass the portion of the VWS Property as described and depicted on Exhibit C attached hereto
("Relocated Easement Area"). Nothing herein shall prohibit VWS or its successors from reconfiguring
drive lanes and sidewalks as permitted in the Agreement.
VANDER WOUDEAND SON,,LLC
By: 75*8-, dA
[INSERT NAME AND TITLE]
STATE OF �`'�V" )
}ss.
County of AA
OE
On this 50! ;ay of June,2020,before me the undersigned,a notary public in and for said State,
personally appeared5MOA YQnjtr Wr,d¢known or identified to me to be a Manager in the limited
liability company of Vander Woude and Son,LLC, and the Manager or one of the Managers who
executed the foregoing instrument on behalf of said limited liability company,and acknowledged to me
that such Manager executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my ❑ ficial seal the day and
year in this certificate"g,pbove written.
,0N11 Nry,'
Ap
(seal) ,' OT,q R S Nota y Public for
_ r 3 My Commission Expires:
�' BLicOf s
t4141.4410
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - I Page 70
Item#2.
EXHIBIT A
Legal Description of VWS Property
Lot 3, Block 1 of Mussell Corner Subdivision, according to the official plat thereof, filed in
Book 95 of Plats at Pages 11624 through 11626, of the official records of Ada County, Idaho
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - 2 Page 71
Item#2.
EXHIBIT B
Legal Description and Depiction of Vacated Easement Area
2776 A Navigate?Drive,suite 21n day offln
mw,harrccka.vcvr HORROCKS
11111 v
I✓ N (_i [ rh1 [ F_ R S
Date:May 27,2020 960 �
Project: M-1402-1810
Page: 1 of I rt OF
CROSS ACCESS EASEMENT VACA110N
17tis easeme.-11t is situated in Government Iaeyt 4 of Section 19,Township 3 forth,Range I
East of the Boise Meridian,City of Meridian,Ado County,Idaho,being a portion of Lot
3,Block 1 of Mussel]Comer Subdivision.,Can file in Book 95 of Plats,Pages 11624-
11626,records of Ada County,more particularly dcsi rdbod as follows:
COMMENCING at the southwest comer of said Government Lot 4;thence along the
west boundary of said Govemment Lot 4,
[) Tti'.00°38'36"E.,491.24 feet; thence:leaving said west boundary,
2) S.89°21'24"E.,70.00 feet to the northwest corner of said Lot 3;thence along the north
boundary cif said I,ot.3,
3) N_S(J°42'15"E., 134.18 feet to a point on Vic westerly boundary of A Cross Access
Easctnent Agreement as described in Instrument No. 105175653,records of Ada
County and the POINT OF BEGINNING;thence continuing along the north
boundary of said Lot 3,
4) N.89°42'15"E.,26.04 feet to a point of non-tangent curvature on the easterly
boundary of said Instrument No. 105175653;thence along said easterly boundary and
a curve to the left
5) Having an arc length of 26.10 feet,a radius of 23.00 feet,through a central angle of
65°00W'and a long chord which bears S.5605111-PE.,24.72 feet to a point on the
northerly boundary of said Instrument No. 105175653;thence,
G} N.89°2929"1h'.,71.56 feet to it point of curvature on the westerly boundary of said
Instrument No. 105175653; thence along said westerly boundary and a curve to the
1 efk
7) Having a length of29.02 feet,a radiu_a of 30.00 feet,through a central angle of
55125'20"and a long chord which hears N.62°49'06"i .,27.90 foot to the POINT OF
BEGINNING.
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - 3 Page 72
Item#2.
I
FggAfER COT T aLOGC S
�usseu cavv�a �
Q swarvrs+av
PARCEL S PER RECORD w
OF SURVEY INST.NO p���
<Z 2 02 0-04 23 73 I PA
L-29.02 tity5
R=30.00 L 26.10
❑=55'25'20' P.O.B. f R�3.00
Cd=27.90 20' 1 O°85�oo'29"
W CB=fJ52'49`0G'E CP=24.72
CB=55 "51'1 T`E
a______10_, -00 N89"42'15'E PARCEL M89'42'15'E [ P6A.HCLLa
SB9°21'24"E 134.18' Zara 28 turn
� 71.5B' — M1
I N89'29'29'NI
CRWSACCESS O I CV EASFMLNTAGREEMENT
LU
PER INST.No.105175M
-Jr.
LOT 2 BLOCK r
MUSSELL CORNER
SUBDIVISION
r 44
CIO
Nar TO SCALE
P.4.C.1 i9 Po-cam PoiAorppcoAvAENCtAscmr
P.as-• PaNTcFBECJ04HWC7
25 30 E. VICTORY RD
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - 4 Page 73
Item#2.
EXHIBIT C
Legal Description of Relocated Easement Area
2775 W.Navoa4ix DrWr 800 21 D rda, Olbo
Meddian,3dahe M2
E N Ci I N E E R
Date;May 27,2020 C $
Project:ID-1402-18I 0
Page: 1 of 1 W-0
r(1F t
PR 0 POSE D A CCES'S'E'AS'EMENT
Taxis easement is situated in Government Lot 4 of Section 19,Township 3 North, Range 1
East of the Boise Meridian,City of Meridian,Ada County,Idaho,being a portion of Lot
3,Block I of Mussell Comer Subdivision,on file in Hoofs 95 of Plata,Pages% 1162,4-
11626,records of Ada County,more particularly described as follows:
COMMENCING at the southwest corner of said Oovernment Lot 4;thence along the
west boundary of said Government Lot 4,
1) N.00°3836"E.,491.24 feet; thenccleaving said west boundary,
2) S.89°21`24"R,70,00 feet to the northwest corner of said Lot 3;thence Belong the north
boundary(if said Lot 3,
3) N'.89-42'15"E.,68.06 feet to the POINT OF BEGINNIN(;;thence continuing along
said north boundary,
4) N.89°42-15"E,, 52.74 feet to a point of non-tangent curvature; the cc along a curse to
the left;
5) I3aAng an arc length of 26.30 feet,a radius of 29.50 feet,through a central angle of
510 05'l3"and a long chord which hears S.591120'34"E.,23.44 feet to a point on the
north boundary of a Cross Access Easement Agreement as described in Instrument
No. 105175653,records of Ada County;thence along said north boundary,
6) N.89024'02"W„ 105.92 feet;thence leaving said north boundary,
7) N.t'0 38'28"E.,0,83 feet to a paint ofnon-tangcnt curvature;thence along a curve to
the lvfl
8) Having an are length of 33.73 feet,a radius of 49.50 feet,through a central angle of
39°02'34"and along chord which bears tN.71°01'08"E.,33.08 feet to the POINT
OF BEGINNING.
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - 5 Page 74
Item#2.
PARCEL B PER RECORD
I (70
=49.60 9.73 OFSURVEYINST.NO.
p=39*02'34' 2020.042373 L=2B.30 iF
CQ�3.08 RA29.50
❑=51.05'W
P.O.B. CD=25.44CB-�'20'SVE S PARCa 0 N89°42'15'E N89'A215'C tors 88.06 52.74'
I ! . � T N89'24'42'W
C!� v NO°3828'E EAsAr
w I a ry 0.83' FCRMM..Na 10517560 �
1 v Lar 3 BLOCK 7
A_l US�S45�EL•L C
�O->�RN'E�R
SUBDIVISION
LA
r
rr"
F�NOT rjT�wOr�r 1S
�CAr`L4E
)2S30
9 ro;: POWTOFODW E CE-
SO BarP.D.C. Pae. Pow?of erl w e -
E. VICTORY RD
NOTICE OF CROSS-ACCESS EASEMENT RELOCATION - 6 Page 75
Item#2.
VICTORY COMMONS SUBDIVISION NO . I
1/4 FOUND 2.5"ALUMINUM CAP IN ITD
S-24 S-19 MONUMENT CASE, PLS ILLEGIBLE Sl TUA TED /N A PORTION OF SECTION 19,
C.P.&F. #9149706 GOVERNMENT L 0 T 4, TOWNSHIP 3 NORTH,
��O�1�� RANGE I EAST OF THE B 0/SE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO
—2020—
Cn
o GOV'T LOT 3
z G�So QPo�,O LEGEND.
CD SET�� SET 5/8"' REBAR WITH ALUMINUM CAP STAMPED
Op R R O FOR LOCATION
r
SET 5/8" REBAR & PLASTIC CAP PLS# 8960
w 10 OO \ OO FOUND 5/8 REBAR AS NOTED
C.P.&F. # P.L.S. 8960
S 16 O AS N89 41 44 E 162.07 O P.L.S. 5082 �N� �5 II'II II'II ® FOUND ALUMINUM CAP MONUMENT AS NOTED
��� CALCULATED POINT
70' / � �N S Nf
�-� �O� SET 1/2„ REBAR WITH PLASTIC CAP MARKED
I N V, ESMT P.L.S. 8960
11 \\ SECTION LINE
\ BOUNDARY LINE
SIDEWALK EASEMENT SCALE: 1 - 80 — — — — — — — — EASEMENT LINE AS NOTED
15 SEE SHEET 2 -1 1- SURVEY TIE LINE
II0o I w M 1 \ \\ D 'C ADJACENT PARCEL LINE
I \ O�� '� C.P. & F. # CORNER PERPETUATION AND FILING, INSTRUMENT NUMBER
LANDSCAPE BUFFER IM I CO w 1 . 16 AC. • �Q 0� ,���
P.U.I.D. PUBLIC UTILITY, IRRIGATION AND DRAINAGE EASEMENT
13 16.5' PERMENANT w \ 0�� ��� 1 LOT NUMBER
� w
DRY UTILITY EASEMENT II Q �� �'��o\J�c���' P.O.B. POINT OF BEGINNING
20 SEE SHEET 3 ,��� 12 �J�'PC��' P.O.C. POINT OF COMMENCEMENT
0
Q 2� O9 ADJACENT SUBDIVISION LOT NUMBER
o L?
Io�
� _ II 2 \ \ �� 13 KEY NOTE REFERENCE TO EASEMENTS DEFINITION & NOTES.
Cn
CD LOQ j-- ----- ------------ -, 1 .22 AC. \\ �� 11 �OSEE SHEET 4
L6 -- - -- 9� 0 s�
o � L L4----------- - D \\ 6�0
Q m `�' � I I Cl) �� U' m \� • 10 ��' BASIS OF BEARINGS:
° _ /
w °O I II `�' s m cDn BLOCK 1 p P.L.S. 7316
�+ L�- � � z �. up �. m m CL KENNEDY LATERAL (PER R.O.S. 8699) THE BASIS OF BEARINGS FOR THIS SURVEY IS THE WEST BOUNDARY OF GOVERNMENT LOT
O o Z I1 w �co 0 � G, m � 4, TAKEN AS N00038'36"E PER RECORD OF SURVEY # 12,282. BEARINGS ARE GRID,
z w z N DISTANCES ARE GROUND.
cow
Z U) I w co
Q I w w • �° �J \\ po
m 70' l011 Q �� °�� 5°A°� P \ \ �s`��'- Line Table Curve Table
9
N I 3 ����� L5 � �Q�J 7 8
--[-- • �P �P �Ci \ 6.q Line # Length Direction Curve # Length Radius Delta Chord Direction Chord Length
LANDSCAPE BUFFER _ � 1 .01 AC. • h ��pe� 7 1-1
�
13 16.5' PERMENANT ^� ��,P G �\ L1 18.49' S89043'24"E C1 438.43' 655.00' 38021'05" S31035'05"E 430.29'
DRY UTILITY EASEMENT 20 co ��tigg�� A� \ � ` N, ��� 6, O L2 49.92' S89043'24"E C2 174.27' 655.00' 15014'40" S20001'52"E 173.76'
15 SIDEWALK EASEMENT SEE SHEET 3 Cq w �� J 4
3 SEE SHEET 2 `Oo ti .� Fq \ '�� L3 76.46' N88048'10"W C3 223.83' 655.00' 19034'47" S37026'36"E 222.75'
p °°Q�� 2.42 AC.
SF,� ` • �T�
0 Ilk L4 31.43' N89043'24"W C4 40.32' 655.00' 3031'38" S48059'48"E 40.32'
P.L.S. 8960 �- z
N -T
P
.U.I.D. EASEMEN \ L5 17.16' N49022'01"W
N89031 '23"W 212.21' P.L.S. 8960 19 T
J O TO BE VACATED /
L6 33.32' N0055'07"E
S89031'23"E-' P.O.B. 0 w • •� �� / h�
70.00 Gp�'� L3 T w� 0
-9
�`v� Q �\ S���F ,,��' Gp CER TI FI CA TE OF SUR VE YOR:
o �s� I, FRITZ BROWNELL, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR,
ss� \F��F�T / /o►� Q�Gy' LICENSED BY THE STATE OF IDAHO. THAT THIS PLAT OF VICTORY COMMONS SUBDIVISION
P� �5 NOT A a �'� / / �� ��,��� N0.1, AS DESCRIBED IN THE CERTIFICATE OF OWNERS WAS PREPARED FROM AN ACTUAL
Q p PART I SURVEY ON THE GROUND UNDER MY DIRECT SUPERVISION AND THAT THIS PLAT
uJ 5 0 �� / QP OTC ACCURATELY REPRESENTS THE POINTS PLOTTED HEREON, AND IS IN CONFORMITY WITH
1 . 13 AC. 0.85 AC. �0 97., THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND CORNER PERPETUATION
O`��, • AND FILING ACT. IDAHO CODE 55-1681 THROUGH 55-1612.
ry
N
P �
G�'SJ�J �NA� I.qN
CENSFO
o �
0
P.O.C. GOV'T LOT 4 g
N FRITZ BROWNELL P.L.S. 8960
0 S-24 S-1 g C.P.&F. #2020-083858 �o
FEI
Of
S-25 S-30 C.P.&F. # 114024259 N89042'17"E 1130.45'
S.E. COR GOV'T LOT 4 BROWS
N I P.L.S. # 13550 E. VICTORY ROAD P.L.S. 8960
BOOK PAGE
co
0
N 2775 W. Navigator Dr., SHEET 1 OF 6
HORROCKSDRAWN:
Suite 210 09/01 /2020
Meridian, ID 83642 11111 PROJECT # ID-1402-1810
(208) 895-2520 E N G 1 N E E R S DRAWN BY: RON W.
Page 76
Item#2.
VICTORY COMMONS SUBDIVISION NO . I
1/4
S-24 El S-19 S/ TUA TED IN A POR TION OF SEC TION 19,
FOUND 2.5"ALUMINUM CAP IN ITD GOVERNMENT L 0 T 4, TOWNSHIP 3 NORTH,
MONUMENT CASE, PLS ILLEGIBLE RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF
C.P.&F. #9149706 MERIDIAN, ADA COUNTY, IDAHO
N JACKS PLACE SUBDIVISION
o BOOK 107, PAGES 14,774 - 14,776 -2020-
GOV'T LOT 3 BLOCK 2
S89°41'44"W SEE DETAIL "A" ON THIS SHEET ° 11 LEGEND:
S89 41 44 W
1.47'41
S54°10'59"W 6.71' O R R 0 c SET 5/8"' REBAR WITH ALUMINUM CAP STAMPED
S N89041'44"E _ - 5.18' _ _ � ❑- _ _ FOR LOCATION
16 O G� `r OO FOUND 5/8 REBAR AS NOTED ON PAGE 1
70.00
N13°14'37"W / - - - � ® FOUND ALUMINUM CAP MONUMENT AS NOTED ON PAGE 1
C-nC14
15.94' /" / 0 CALCULATED POINT
6 G / \ \� f �' SET 1/2" REBAR WITH PLASTIC CAP MARKED
I N540 ' " \ �' c 4 0
701 1059E E ESMT P.L.S. 8960
NI � 5.18' \
0 30' 60' 15 KEY NOTE REFERENCE TO EASEMENTS DEFINITION & NOTES.
I \ I SEE SHEET 4
SCALE: 1 - 30' SECTION LINE
I -
N13003'41"W \ \ - - BOUNDARY LINE
1 9.70' 2\ ------------------------ EASEMENT LINE AS NOTED
�
0� \ �6' '? \ LOT LINE
"1493" --3��\
J5 0o
I I 15 �\ \ \ ^`J�oG�S DETAIL A:
Q I s0\�� \\ �' QP N.T.S.
I \
O j I \ \
CD I I \ 10
Z I I \ 1 N89041'44"E S89041'44"W S89041'44"W
•
� ( 1 \ \• S 16 70.00' 1.47' 94.61'
Qo I Q I I
Q Lij I •
m
w
w
I I LOT 1 w�
0 M I S65054'32"W
I
� � 1� ( � 4�� 8.83'
U o � I � BLOCK 1 o , o
z CD �\
mco
o co`o l 0 I •• N66020'50"E
9.09'
0 - ►
S29°37'58"E
rn i� 8.46 N2 42'W
I N 9 33
N N56008'01"E 3.94'
1 z1 10.02'
I
w j 1
LOT 2 BASIS OF BEARINGS:
1 I \ THE BASIS OF BEARINGS FOR THIS SURVEY IS THE WEST BOUNDARY OF GOVERNMENT LOT
I i BLOCK 1 4, TAKEN AS N00038'36"E PER RECORD OF SURVEY # 12,282. BEARINGS ARE GRID,
DISTANCES ARE GROUND.
N
N I
1 I
I 1 Curve Table
I Curve # Length Radius Delta Chord Direction Chord Length CER T/F/CA TE OF SUR VEYOR:
I
LL 70' I ( C5 19.55' 93.60' 11 058'08" N6025'03"W 19.52' I, FRITZ BROWNELL, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR,
LICENSED BY THE STATE OF IDAHO. THAT THIS PLAT OF VICTORY COMMONS SUBDIVISION
E C6 59.00' 118.98' 28024'39" S68022'24"W 58.40' NO.1, AS DESCRIBED IN THE CERTIFICATE OF OWNERS WAS PREPARED FROM AN ACTUAL
z I SURVEY ON THE GROUND UNDER MY DIRECT SUPERVISION AND THAT THIS PLAT
o1
I 1 C7 32.60' 57.99' 32012'42" S70016'27"W 32.17' ACCURATELY REPRESENTS THE POINTS PLOTTED HEREON, AND IS IN CONFORMITY WITH
I THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND CORNER PERPETUATION
LOT 3 C8 61.43' 57.99' 60041'33" N56038'33"W 58.59'
0
AND FILING ACT. IDAHO CODE 55-1681 THROUGH 55-1612.
I 1 BLOCK 1 C9 21.62' 108.00' 11028'15" N20034'39"W 21.59'
T 1
1 1 O 1 " O 1 "C 10 14.05 92.00 8 45 05 N 19 41 13 W 14.041
N
N 70.00' I C11 8.98' 655.00' 0047108/1 N28040'10"W 8.98' yS��N CENSF�
p
O • O
S89021'24"E 1 1 O 1 11 O 1 11 1
S89031'23"E C12 21.71 106.28 11 42 19 S21 15 58 E 21.67 a
E N FRITZ BROWNELL P.L.S. 8960
12.21' C13 19.67' 98.00' 11°29'54" S20°34'02"E 19.63' o
0
P.O.C. PARCEL B PER RECORD C14 83.36' 47.98' 99032'36" S76004'03"E 73.27' OF �����►
> OF SURVEY# 12,282 C.P.&F. #2020-083858 I BROW
S-24 5-19 C15 62.97' 129.11' 27°56'36" N68°09'17"E 62.34'
ER
S-2 30 C.P.&F. # 114024259 1 .45' C16 23.45' 102.87' 13003'30" N5037'14"W 23.40' BOOK PAGE
ro N89 4217E 1 30 S.E. COR GOV'T LOT 4
P.L.S. # 13550
E. VICTORY ROAD P.L.S. 8960
2775 W. Navigator Dr.,
SHEET 2 OF 6
HO OCKS DRAWN: 1 2 2
Suite 210 W . 09/0 / 0 0
Meridian, ID 83642 11111 PROJECT # ID-1402-1810
(208) 895-2520 E N G I N E E R S DRAWN BY: RON W.
Page 77
Item#2.
ogROC
VICTORY COMMONS SUBDIVISION NO . I
1/4 S/ TUA TED /N A PORTION OF SECTION 19,
S-24 S-19 GOVERNMENT LOT 4, TOWNSHIP 3 NORTH,
FOUND 2.5"ALUMINUM CAP IN ITD
MONUMENT CASE, PLS ILLEGIBLE RANGE I EAST OF THE BOISE MERIDIAN, CITY OF
C.P.&F. #9149706 c j N 4 MERIDIAN, ADA COUNTY, IDAHO
N
-2020-
o GOV'T LOT 3 0 5I 100'
SCALE: 1" = 50'
LEGEND:
N89041'44"E _ _ _ _
_ N89041'44"E S 16 70.00' O
SET 5/8"' REBAR WITH ALUMINUM CAP STAMPED
S 16 70.00' O — — — —
FOR LOCATION
—N89041'44"E ® FOUND ALUMINUM CAP MONUMENT AS NOTED ON PAGE 1
o 35.00' O FOUND 5/8 REBAR AS NOTED ON PAGE 1
I co
O SET 5/8" REBAR & PLASTIC CAP PLS# 8960
ti 24 I N0038'36"E SET 1/2" REBAR WITH PLASTIC CAP MARKED
12.00 ESMT P.L.S. 8960
. .
101,14' I CALCULATED POINT
•-------------------- --- ---- • \
20.00 N89011'12"W KEY NOTE REFERENCE TO EASEMENTS DEFINITION & NOTES.
w I 16 SEE SHEET 4
• SECTION LINE
-----N89°11'12'W - - � � ~ � N89°41'44"E
° � � 16.42'
N1 0428 E w BOUNDARY LINE
2g 67' O--Z ( - EASEMENT LINE AS NOTED
LO M
C'i 00 LOT LINE
N88055'32"W \ °
0
20.96' \ z LOT 1
O
LOT 1 BLOCK 1
Q BLOCK 1 N
� LO
.� I N
CD EO
LO
0
(.0
5 5 7
Q 17,o w 39.00
Q LiJ � co Q o •
m N 1 O N ,�
LU co
w LL o0 o N89°28'10"W � �..� s • LOT 4
M
M z 137.91']
� ° M BLOCK 1
o
'Z (n z ----------------- -- ------- ----- ----� N0031'50"E Q co
� o- j-------- co I �r �`l.,
CV)
�n coo N `N89°28'10"W CO • BLOCK 1 ssp'�� '`°;:��'
S 9 ,
137.93' z w 62pF \
LOT 2 co ��` '�`�
BLOCK 1 cl
°
c ;
i i
3: w
3 20 �.
;'9
O '
o
0
.O N A
1
o
N
Co
m �
S89055'08"W
43.28' w
00
0 o CO
23 � co CER TI FI CA TE OF SUR VE YOR.
N co °
z I, FRITZ BROWNELL, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR,
LICENSED BY THE STATE OF IDAHO. THAT THIS PLAT OF VICTORY COMMONS SUBDIVISION
01
15.00' N0004'52"W NO.1, AS DESCRIBED IN THE CERTIFICATE OF OWNERS WAS PREPARED FROM AN ACTUAL
--�► 15.00 LOT 3 SURVEY ON THE GROUND UNDER MY DIRECT SUPERVISION AND THAT THIS PLAT
ACCURATELY REPRESENTS THE POINTS PLOTTED HEREON, AND IS IN CONFORMITY WITH
LOT 3 BLOCK 1
THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND CORNER PERPETUATION
0
o N89°55'08"E BLOCK 1 AND FILING ACT. IDAHO CODE 55-1681 THROUGH 55-1612.
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BOOK PAGE
PARCEL B PER RECORD
P.O.C. S-24 S-19 OF SURVEY# 12,282 SHEET 3 OF 6
C.P.&F. #2020-083858 � 2775 W. Navigator Dr., HORROCKSDRAWN: 1 2 2S-24 s-19 Suite 210 09/0 / 0 0
S-25 S-30
S-25 s-30 C.P.&F. 1114024259 N89°42'17"E 1130.45' Meridian, ID 83642
P.L.S. # 13550 �+ , VICTORY ROAD S.E. COR GOV'T LOT 4 PROJECT # ID-1402-1810
P.L.S. 8960 (208) 895-2520 E N G 1 N E E R S DRAWN BY: RON W.
Page 78
Item#2.
VICTORY COMMONS SUBDIVISION NO. I
SI TUA TED IN A POR TION OF SEC TION 1 9,
GO VERNMEN T L 0 T 4, TOWNSHIP 3 NORTH,
RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO
-2020-
NOTES: SURVEY NARRATIVE
1. ALL BUILDABLE LOTS WITHIN THIS SUBDIVISION WILL BE PROVIDED WITH DOMESTIC WATER SERVICE BY THE CITY OF THIS SURVEY AND THE PLAT OF VICTORY COMMONS SUBDIVISION WAS CONDUCTED AT
MERIDIAN. THE PROPOSED WATER MAINS SHALL BE CONNECTED TO EXISTING CITY OF MERIDIAN WATER MAINS TO THE REQUEST OF BVA MANAGEMENT SERVICES, INC. THIE INTENT IS TO SUBDIVIDE THIS
PROVIDE SERVICE TO THE SUBDIVISION. PROPERTY TO REFLECT THE CONFIGURATION SHOWN HEREON. THE EXTERIOR BOUNDARY
IS DEFINED BY A RETRACEMENT SURVEY OF MUSSELL CORNER SUBDIVISION, ON FILE AS
2. ALL BUILDABLE LOTS WITHIN THIS SUBDIVISION WILL BE PROVIDED WITH SANITARY SEWER SERVICE BY THE CITY OF INSTRUMENT NO. 2017-075496 IN THE OFFICE OF THE RECORDER, ADA COUNTY, IDAHO. THE
MERIDIAN. THE PROPOSED SANITARY SEWER MAINS SHALL BE CONNECTED TO EXISTING CITY OF MERIDIAN SANITARY FOUND MONUMENTS CONFORM TO SAID RECORD OF SURVEY WITHIN ACCEPTABLE
SEWER MAINS TO PROVIDE SERVICE TO THE SUBDIVISION. TOLLERANCES. THE MONUMENTS SHOWN AS "NOT ACCEPTED" IN DETAIL
B, SHEET 3 OF 6 WERE NOT ACCEPTED ON SAID RECORD OF SURVEY. DETAIL B DEPICTS
3. A PRESSURIZED IRRIGATION SYSTEM OWNED AND OPERATED BY THE DEVELOPER, OR ASSIGNED, WILL BE INSTALLED AN ITD RIGHT-OF-WAY MONUMENT AS ALSO BEING "NOT ACCEPTED" THIS CREATES A
TO SERVE THE LOTS. TRIANGULAR PARCEL CONTAINING 998 SQUARE FEET OF QUESTIONABLE OWNERSHIP. THIS
AREA IS THE RESULT OF DISCREPANCY BETWEEN FOUND MONUMENTS AND THE
4. STORM WATER DRAINAGE SHALL BE MANAGED & DETAINED IN UNDERGROUND SEEPAGE BEDS ON-SITE IN RIGHT-OF-WAY CONDEMNATION DESCRIBED AS PARCEL NO. 13 IN JUDGEMENT AND
ACCORDANCE WITH CITY OF MERIDIAN, ACHD, AND NAMPA MERIDIAN IRRIGATION DISTRICT REQUIREMENTS. DECREE OF CONDEMNATION, INSTRUMENT NO. 619430
5. MINIMUM BUILDING SETBACKS SHALL BE IN ACCORDANCE WITH THE CITY OF MERIDIAN APPLICABLE ZONING AND SURVEY REFERENCE DOCUMENTS
SUBDIVISION REGULATIONS AT THE TIME OF ISSUANCE OF INDIVIDUAL BUILDING PERMITS OR AS SPECIFICALLY
APPROVED AND/OR REQUIRED.
1) JUDGMENT AND DECREE OF CONDEMNATION INSTRUMENT NO.619430.
6. THIS SUBDIVISION RECOGNIZES SECTION 22-4503 OF IDAHO CODE, RIGHT TO FARM ACT WHICH STATES: NO 2) SECOND JUDGMENT AND DECREE OF CONDEMATION INSTRUMENT NO.
AGRICULTURAL OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF SHALL BE OR BECOME A NUISANCE, 9034963.
PRIVATE OR PUBLIC, BY ANY CHANGED CONDITIONS IN OR ABOUT THE SURROUNDING NONAGRICULTURAL ACTIVITIES 3) MEMORANDUM OF AGREEMENT INSTRUMENT NO. 2016-073284.
AFTER IT HAS BEEN IN OPERATION FOR MORE THAN ONE (1) YEAR, WHEN THE OPERATION, FACILITY OR EXPANSION 4) DEVELOPMENT AGREEMENT INSTRUMENT NO. 2019-037825.
WAS NOT A NUISANCE AT THE TIME IT BEGAN OR WAS CONSTRUCTED. THE PROVISIONS OF THIS SECTION SHALL NOT 5) GRANT DEED INSTRUMENT NO. 2018-064955.
APPLY WHEN A NUISANCE RESULTS FROM THE IMPROPER OR NEGLIGENT OPERATION OF AN AGRICULTURAL 6) ALTA COMMITMENT FOR TITLE INSURANCE ISSUED BY FIRST AMERICAN
OPERATION, AGRICULTURAL FACILITY OR EXPANSION THEREOF. TITLE INSURANCE COMPANY, FILE NO. 4101-3112378.
7. IN COMPLIANCE WITH IDAHO CODE, SECTION 31-3805 (1)(B) THE OWNER OF THIS SUBDIVISION PROVIDED AN
UNDERGROUND IRRIGATION SYSTEM. LOTS WITHIN THIS SUBDIVISION WILL BE SUBJECT TO ASSESSMENTS FROM THE
NAMPA-MERIDIAN IRRIGATION DISTRICT FOR SAID IRRIGATION WATER. SURVEY MAPPING REFERENCES
8. THIS SUBDIVISION IS SUBJECT TO A DEVELOPMENT AGREEMENT, PER INSTRUMENT NO. 201 9-1 1 9405 WITH THE CITY OF
MERIDIAN. 1) MUSSELL CORNER SUBDIVISION, BOOK 95, PAGES 11624-11626
9. THE BOTTOM ELEVATION OF BUILDING FOOTINGS SHALL BE A MINIMUM OF 12 INCHES ABOVE THE HIGHEST KNOWN 2) RECORD OF SURVEY NO. 86993) RECORD OF SURVEY # 12,282
NORMAL GROUND WATER ELEVATION. 4) EDMONDS SUBDIVISION, BOOK 33, PAGE 2,050 - 2,051
10. MAINTENANCE OF ANY IRRIGATION DITCH OR PIPE CROSSING IS THE RESPONSIBILITY OF THE LOT OWNER, UNLESS 5) OBSERVATION POINT SUBDIVISION, BOOK 84, PAGES 9,276 - 9,278
SUCH RESPONSIBILITY IS ASSUMED BY AN IRRIGATION/DRAINAGE ENTITY REFER TO NAMPA-MERIDIAN IRRIGATION 6) BITTERBRUSH POINT SUBDIVISION, BOOK 100, PAGES 13,137 - 13,139
DISTRICT LICENCE AGREEMENT INSTRUMENT # 2020-094600 7) LARKSPUR SUBDIVISION, NOA BOOK 105, PAGES 14,271 - 14,273
8) JACKS PLACE SUBDIVISION BOOK 107, PAGES 14,774 - 14,776
11. THIS SUBDIVISION IS SUBJECT TO THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS 9) RECORD OF SURVEY NO. 4700
FOR VICTORY COMMONS SUBDIVISION, ON FILE IN THE OFFICE OF THE RECORDER, ADA COUNTY, AS INSTRUMENT # 10) RECORD OF SURVEY NO. 4535
2020-108848, AS AMENDED FROM TIME TO TIME. 11) RECORD OF SURVEY NO. 3523
12) RECORD OF SURVEY NO. 3498
12. NO ADDITIONAL DOMESTIC WATER SUPPLIES SHALL BE INSTALLED BEYOND THE WATER SYSTEM APPROVED IN
SANITARY RESTRICTION RELEASE.
13. 16.5 FOOT PERMANENT LANDSCAPE BUFFER WAS ESTABLISHED BY OFFSETTING 35 FEET FROM THE EXISTING BACK OF
CURB ALONG S. KUNA-MERIDIAN ROAD PER CITY OF MERIDIAN UDC 1-3B-7C1 .a(2), AND SHALL BE MAINTAINED BY THE
PROPERTY MANAGEMENT.
14. 5' LANDSCAPE EASEMENT TO ADJOINING USES PER CITY OF MERIDIAN UDC 11-313-9.
15. CITY OF MERIDIAN SIDEWALK EASEMENT PER INSTRUMENT # , SEE SHEET 2 FOR DIMENSIONS. CER TIFI CA TE OF SUR VEYOR:
I, FRITZ BROWNELL, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR,
16. P.U.I.D. EASEMENT PER INSTRUMENT # 109137990. LICENSED BY THE STATE OF IDAHO. THAT THIS PLAT OF VICTORY COMMONS NO. 1
SUBDIVISION, AS DESCRIBED IN THE CERTIFICATE OF OWNERS WAS PREPARED FROM AN
17. 10' PUBLIC UTILITY, IRRIGATION, AND DRAINAGE EASEMENT. ACTUAL SURVEY ON THE GROUND UNDER MY DIRECT SUPERVISION AND THAT THIS PLAT
ACCURATELY REPRESENTS THE POINTS PLOTTED HEREON, AND IS IN CONFORMITY WITH
18. 30' KENNEDY LATERAL EASEMENT PER MUSSELL CORNER SUBDIVISION. THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND CORNER PERPETUATION
AND FILING ACT. IDAHO CODE 55-1681 THROUGH 55-1612.
19. P.U.I.D EASEMENT PER MUSSELL CORNER SUBDIVISION, TO BE VACATED.
20. IDAHO POWER EASEMENT PER INSTRUMENT # SEE SHEET 3 FOR DIMENSIONS.
L
21 . CITY OF MERIDIAN WATER EASEMENT PER INSTRUMENT # , SEE SHEET 3 FOR DIMENSIONS. �S��N CENSFO
22. CITY OF MERIDIAN WATER EASEMENT PER INSTRUMENT # , SEE SHEET 3 FOR DIMENSIONS. aCD
FRITZ BROWNELL P.L.S. 8960
23. CITY OF MERIDIAN WATER EASEMENT PER INSTRUMENT # SEE SHEET 3 FOR DIMENSIONS. �o
24. CITY OF MERIDIAN WATER EASEMENT PER INSTRUMENT # SEE SHEET 3 FOR DIMENSIONS. T Of
BROW����
BOOK PAGE
SHEET 4 OF 6
Suit W. Navigator Dr., HORROCKS DRAWN: 1 2 2
Suite 210 W . 09/0 / 0 0
Meridian, ID 83642 11,11 PROJECT # ID-1402-1810
(208) 895-2520 E N G 1 N E E R S DRAWN BY: RON W.
Page 79
Item#2.
VICTORY COMMONS SUBDIVISION NO. I
SI TUA TED IN A PORTION OF SECTION 1 9,
GOVERNMENT LOT 4, TOWNSHIP 3 NORTH,
RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO
-2020-
CER TIFI CA TE OF OWNERS CER TIFI CA TE OF OWNERS CCONTINUED2 CER TIFI CA TE OF SURVEYOR:
KNOW ALL MEN BY THESE PRESENTS THAT THE UNDERSIGNED, CORTNEY ALL LOTS IN THIS PLAT WILL BE ELIGIBLE TO RECEIVE WATER SERVICE FROM THE CITY OF I, FRITZ BROWNELL, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR,LICENSED BY THE STATE OF IDAHO. THAT THIS PLAT OF VICTORY COMMONS NO. 1
LIDDARD, EXECUTIVE MANAGER OF BV MANAGEMENT SERVICES, INC., ARE THE MERIDIAN, AND SAID CITY HAS AGREED IN WRITING TO SERVE ALL LOTS IN THIS SUBDIVISION. SUBDIVISION, AS DESCRIBED IN THE CERTIFICATE OF OWNERS WAS PREPARED FROM AN
OWNERS OF THE REAL PARCEL OF LAND HEREIN AFTER DESCRIBED AND THAT IT ACTUAL SURVEY ON THE GROUND UNDER MY DIRECT SUPERVISION AND THAT THIS PLAT
IS THEIR INTENTION TO INCLUDE SAID PROPERTY IN THIS SUBDIVISION PLAT. IT IS THE INTENTION OF THE UNDERSIGNED TO HEREBY INCLUDE THE HEREIN DESCRIBED ACCURATELY REPRESENTS THE POINTS PLOTTED HEREON, AND IS IN CONFORMITY WITH
PROPERTY IN THIS PLAT. THE PUBLIC UTILITY, IRRIGATION, AND DRAINAGE EASEMENTS AS THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND CORNER PERPETUATION
THIS PARCEL IS SITUATED IN GOVERNMENT LOT 4 OF SECTION 19, TOWNSHIP 3 NORTH,
SHOWN ON THIS PLAT ARE NOT DEDICATED TO THE PUBLIC, HOWEVER THE RIGHT TO USE SAID AND FILING ACT. IDAHO CODE 55-1681 THROUGH 55-1612.
EASEMENTS IS HEREBY PERPETUALLY RESERVED FOR PUBLIC UTILITIES AND SUCH OTHER
RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, BEING ALL USES AS DESIGNATED WITHIN THIS PLAT AND NO PERMANENT STRUCTURES OTHER THAN FOR
OF LOT I AND A PORTION OF LOT 4, BLOCK 1 OF MUSSELL CORNER SUBDIVISION, ON SUCH UTILITY PURPOSES ARE TO BE CONSTRUCTED WITH IN THE LIMITS OF SAID EASEMENTS.
FILE IN BOOK 95 OF PLATS AT PAGES 11624-11626, ALSO BEING A PORTION OF PARCEL "A" THE SIDEWALK EASEMENTS SHOWN HEREON ARE GRANTED TO THE CITY OF MERIDIAN FOR D�L
OF RECORD OF SURVEY PROPERTY BOUNDARY ADJUSTMENT NO. 8699, RECORDS OF THE BENEFIT OF THE PUBLIC.
ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: 0
COMMENCING AT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 4; THENCE FRITZ BROWNELL a P.L.S. 8960
ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 4, �o
IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT AS OF THE YEAR AND OF �OQ'
1) N.00°38'36"E., 725.70 FEET; THENCE LEAVING SAID WEST BOUNDARY, DATE LAST WRITTEN BELOW. j ORO�N���
2) S.89°31'23"E., 70.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY OF SOUTH KUNA VICTORY, LLC,
KUNA-MERIDIAN ROAD AS IT NOW EXISTS AND THE POINT OF BEGINNING; AN IDAHO LIMITED LIABILITY COMPANY
THENCE ALONG SAID RIGHT-OF-WAY,
3) N.00°38'36"E., 605.56 FEET TO THE NORTHWEST CORNER OF SAID MUSSELL BY: BV MANAGEMENT SERVICES, INC. AN IDAHO CORPORATION
SUBDIVISION; THENCE ALONG THE NORTH BOUNDARY OF SAID MUSSELL ITS: EXECUTIVE MANAGER
SUBDIVISION,
4) N.89°41'44"E., 162.07 FEET TO A FOUND 5/8-INCH DIAMETER IRON ROD MARKING THE
NORTHEAST CORNER OF SAID MUSSELL CORNER AND A POINT OF CURVATURE;
THENCE ALONG THE EAST BOUNDARY OF SAID MUSSELL CORNER AND A CURVE
TO THE LEFT, BY:
CORTNEY LIDDARD, PRESIDENT DATE
5) HAVING AN ARC LENGTH OF 438.43 FEET, A RADIUS OF 655.00 FEET, THROUGH A
CENTRAL ANGLE OF 38°21'05", AND A LONG CHORD WHICH BEARS S.31°35'05"E.,
430.29 FEET; THENCE CONTINUING,
6) S.50°45'37"E., 316.63 FEET; THENCE LEAVING SAID EAST BOUNDARY,
7) S.39°14'22"W., 280.59 FEET, THENCE;
8) N.50°56'20"W., 223.91 FEET, THENCE; A CKN 0 WL ED GMEN T
9) N.88°48'10"W., 76.46 FEET TO THE EAST BOUNDARY OF PARCEL B, OF SAID RECORD
OF SURVEY NO. 8699; THENCE ALONG SAID EAST BOUNDARY;
10) N.00°55'07"E., 33.32 FEET TO THE NORTHEAST CORNER OF PARCEL B, OF SAID STATE OF IDAHO }
RECORD OF SURVEY NO. 8699, THENCE ALONG THE NORTH BOUNDARY OF SAID
RECORD OF SURVEY;
COUNTY OF }SS.
11) N.89.31'23"W., 212.21 FEET TO THE EAST RIGHT-OF-WAY OF SAID SOUTH KUNA -
MERIDIAN ROAD AND THE POINT OF BEGINNING. ON THIS DAY OF 120 , BEFORE ME, THE
UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY
CONTAINING 5.81 ACRES, MORE OR LESS. APPEARED: CORTNEY LIDDARD
KNOWN OR IDENTIFIED TO ME TO BE THE PRESIDENT OF KUNA - VICTORY, LLC
THAT EXECUTED THE WITHIN INSTRUMENT OR THE PERSON WHO EXECUTED THE
INSTRUMENT ON BEHALF OF SAID LIMITED LIABILITY COMPANY, AND
ACKNOWLEDGED TO ME THAT SUCH LIMITED LIABILITY COMPANY EXECUTED THE
SAME.
IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIXED MY OFFICIAL
SEAL, THE DATE FIRST WRITTEN.
NOTARY PUBLIC FOR IDAHO
RESIDING AT:
MY COMMISSION EXPIRES:
BOOK PAGE
2775 W. Navigator Dr., HORROCKS
SHEET 5 OF 6
Suite 210 DRAWN: 09/01 /2020
Meridian, ID 83642 11111 m PROJECT # ID-1402-1810
(208) 895-2520 E N G I N E E R S DRAWN BY: RON W.
Page 80
Item#2.
VICTORY COMMONS SUBDIVISION NO. I
St TUA TED IN A POR TION OF SEC TION 19,
GOVERNMENT LOT 4, TOWNSHIP 3 NORTH,
RANGE 1 EAST OF THE BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO
-2020-
A PPRO VA L OF ADA COUNTY HIGH WA Y DISTRICT CERTIFICA TE OF COUNTY SURVEYOR
THE FOREGOING PLAT WAS ACCEPTED AND APPROVED BY THE BOARD OF ADA I, THE UNDERSIGNED COUNTY SURVEYOR IN AND FOR ADA COUNTY, IDAHO, DO
COUNTY HIGHWAY DISTRICT HEREBY CERTIFY THAT I HAVE CHECKED THIS PLAT AND THAT IT COMPLIES WITH
THE STATE OF IDAHO CODE RELATING TO PLATS AND SURVEYS.
COMMISSIONERS ON THE DAY OF 120
COUNTY SURVEYOR Date
PRESIDENT OF THE ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS
APPROVAL OF CITY COUNCIL COUNTY RECORDER'S CERTIFICATE
I, THE UNDERSIGNED, CITY CLERK IN AND FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, STATE OF IDAHO} SS
DO HEREBY COUNTY OF ADA}
CERTIFY THAT AT A REGULAR MEETING OF THE CITY COUNCIL HELD ON THE DAY OF I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF
THIS PLAT WAS DULY ACCEPTED AND APPROVED.
AT MINUTES PAST O'CLOCK .M.,
ON THIS DAY OF , 20 , IN
CITY CLERK, MERIDIAN, IDAHO BOOK OF PLATS AND PAGES THROUGH
INSTRUMENT NO.
FEE
APPROVAL OF CITY ENGINEER
I, THE UNDERSIGNED CITY ENGINEER IN AND FOR THE CITY OF MERIDIAN, ADA
COUNTY, IDAHO HEREBY APPROVE THIS PLAT. DEPUTY EX-OFFICIO RECORDER
CERTIFICATE OF SURVEYOR:
CITY ENGINEER DATE I, FRITZ BROWNELL, DO HEREBY CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR,
LICENSED BY THE STATE OF IDAHO. THAT THIS PLAT OF VICTORY COMMONS NO. 1
SUBDIVISION, AS DESCRIBED IN THE CERTIFICATE OF OWNERS WAS PREPARED FROM AN
ACTUAL SURVEY ON THE GROUND UNDER MY DIRECT SUPERVISION AND THAT THIS PLAT
ACCURATELY REPRESENTS THE POINTS PLOTTED HEREON, AND IS IN CONFORMITY WITH
HEALTH CERTIFICATE THE STATE OF IDAHO CODES RELATING TO PLATS, SURVEYS AND CORNER PERPETUATION
AND FILING ACT. IDAHO CODE 55-1681 THROUGH 55-1612.
SANITARY RESTRICTIONS AS REQUIRED BY IDAHO CODE, TITLE 50, CHAPTER 13
HAVE BEEN SATISFIED ACCORDING TO THE LETTER TO BE READ ON FILE WITH
THE COUNTY RECORDER OR HIS AGENT LISTING THE CONDITIONS OF APPROVAL.
SANITARY RESTRICTIONS MAY BE RE-IMPOSED, IN ACCORDANCE WITH SECTION 1.
50-1326, IDAHO CODE, BY THE ISSUANCE OF A CERTIFICATE OF DISAPPROVAL. �yS��N CEN G
a
FRITZ BROWNELL U P.L.S. 8960
0
DISTRICT HEALTH DEPARTMENT, EHS DATE OF OQ�'V
BROW���
CERTIFICATE OF COUNTY TREASURER
I, THE UNDERSIGNED, COUNTY TREASURER IN AND FOR THE COUNTY OF ADA,
STATE OF IDAHO, PER THE REQUIREMENTS OF I.C. 50-1308, DO HEREBY CERTIFY
THAT ANY AND ALL CURRENT AND/OR DELINQUENT COUNTY PROPERTY TAXES
FOR THE PROPERTY INCLUDED IN THIS PROPOSED SUBDIVISION HAVE BEEN PAID
IN FULL. THIS CERTIFICATION IS VALID FOR THE NEXT THIRTY (30) DAYS ONLY.
BOOK PAGE
COUNTY TREASURER DATE HOR-ROCKS
SHEET 6 OF 6
2775 W. Navigator Dr.,Suite 210DRAWN: 09/01 /2020
Meridian, ID 83642 11111 PROJECT # ID-1402-1810
(208) 895-2520 E N G I N E E R S DRAWN BY: RON W.
Page 81