2020-09-28 Gretchen Tseng
Charlene Way
From:Gretchen Tseng <gretchentseng@gmail.com>
Sent:Monday, September 28, 2020 1:22 PM
To:ROBERT Trerise
Cc:City Clerk; Rick and Carolyn Mauritzson; gregstock138@gmail.com; Tony Tseng
Subject:Re: Public Hearing on October 15, 2020 - Spurwing Sewer Easement Annexation AZ
H-2020-0087
Attachments:6-9-2020 - COMPLAINT against Pacific Links.pdf
External Sender - Please use caution with links or attachments.
Charlene,
Please add these comments to the following file: Spurwing Sewer Easement Annexation AZ H-
2020-0087
My name is Gretchen Tseng and my husband and I own the property most directly impacted by Mr. Hewitt’s installation of the illegal
emergency road.
I understand that my neighbor Greg Stock reached out to Caleb after the neighborhood meeting with Becky of Engineering
Solutions. Greg did a great job of summarizing the fact that Becky was very insistent that the annexation was a done deal and that
the only purpose of the meeting was to “tell us what the finished product would look like.” Upon discussion with Caleb, thankfully
he confirmed that not to be the case.
Throughout this very long process with both Ada County and now the City of Meridian, I have been very disheartened by Becky’s
mistruths and hope you have been in communication with Ada County about all of the history of this road; the fact that once the
application was finally submitted to Ada County (after Mr. Hewitt had already installed the road and only after we complained) Ada
County denied the road, and then once Mr. Hewitt appealed he lost his appeal and was ordered to restore the road to its original
condition (grass with small access stubs on either side). He has refused to return it to its previous condition and has now been
served because Ada County is suing him. A copy of the lawsuit between Ada County and Pacific Links is attached for your records.
It would be very disappointing to have Meridian City allow the annexation and ignore the fact that Ada County has already
determined (twice) that this emergency road is detrimental to homeowners. It would only serve to reinforce to Mr. Hewitt and
others that they can go ahead and do what they want regardless of the law. The original plans for his Olive Tree development
showed the emergency road connecting between the southwest corner of his development and Chinden / Ten Mile, which is a much
more logical location for an emergency road and a location that in an emergency would be much safer and more easily accessed by
emergency vehicles. In an emergency, every second counts and an emergency road located next to my home vs. the original
location would add unnecessary and excessive time in the case of a true emergency.
Prior to the construction of the illegal emergency road, there was already sewer and water access through the stub roads, so a giant
20-25’ wide emergency vehicle road directly next to my home and backyard is not necessary; all that is required is the same stubs
that previously existed on the golf course sewer access; the same stubs that exist directly across the golf course next to the homes
on the West side of hole 3. If they don't require a road for access and stub roads are sufficient, then the same would hold true for
our side of the golf course as well.
If you don’t already have all of the documentation and evidence from Ada County (I believe the document was in excess of 500
pages), I am sure we could obtain a copy from Mark Perfect and provide it to you.
Please know that we would be happy to talk to you at any point to answer any questions you may have. The road has been a huge
disturbance to us with constant traffic (pedestrians, bikers, vehicles) and we just want Mr. Hewitt to do what Ada County has already
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ordered him to do. Unfortunately, he doesn’t have any intention of doing so and has neglected to do so in the hopes that you will
annex the land.
Please do the right thing and not reward Mr. Hewitt for his actions. The County of Ada has spoken and determined that this
unapproved emergency road must be relocated.
Kind regards,
Gretchen Tseng
3075 W. Balata Ct.
Meridian, ID 83646
__________________________
Gretchen Tseng, FNTP | CFNS
FitQuest Nutrition
www.FitQuestNutrition.com
Instagram - @fitquest_nutrition
On Sat, Sep 26, 2020 at 2:05 PM ROBERT Trerise <retrerise@msn.com> wrote:
Attached are two documents summarizing our comments/objections to the annexation of this property. Since the
hearing is planned as an indoor event, and since we fall within the population of those most vulnerable to Covid 19, we
will be unable to attend this hearing in person. Nonetheless, we would like to register our sincere objection to the
proposal. It is very clear that this proposed annexation of property is Mr. Hewitt’s attempt to ultimately construct a
roadway between our street (Balata Ct), and the Olive Tree Subdivision. This roadway was denied by Ada County after
a great deal of input from us and all of our neighbors. An appeal to that denial was also denied by the County after
hearing all of our concerns. So, Mr. Hewitt and his representatives are now attempting to circumvent the County by
having the property annexed by the City in order to ultimately complete that roadway (which follows the path of the
proposed sewer easement). The roadway has, in fact, already been constructed in part by Mr. Hewitt without proper
approval. He has been asked by the County to return the property to its original condition but has failed to do so. In
fact, as I understand it, the County has filed a law suit against him for failing to do as they requested.
This proposed annexation simply represents Mr. Hewitt’s refusal to accept “no” for an answer. The County said “no”
based on all of our inputs, so now he is attempting to shift responsibility to the City to make the determination. Please
do not fall into his trap by annexing this property so that he can then proceed with a project that his been rejected at
least twice already.
Thank you for your consideration.
Robert and Clare Trerise
3011 W. Balata Ct.
Meridian, Idaho 83646
208-376-8498
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Electronically Filed
6/9/2020 10:29 AM
Fourth Judicial District,Ada County
Phil McGrane,Clerk of the Court
By:Nichole Snell,Deputy Clerk
JAN M.BENNETTS
ADA COUNTY PROSECUTING ATTORNEY
JOHN CORTABITARTE
Deputy Prosecuting Attorney
Civil Division
200 W. Front Street,Room 3191
Boise,ID 83702
Telephone: (208)287-7700
Facsimile: (208)287-7719
Idaho State Bar No. 9794
Email: civilpafileskadacoun. .id..ov
IN THE DISTRICT COURT OF THE FOURTH JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF ADA
ADA COUNTY, a duly formed and existing county ) Case No.CVO 1-20-09111
pursuant to the laws and Constitution of the State of )
Idaho, ) COMPLAINT
Plaintiff, )
VS. )
PACIFIC LINKS, LIMITED COMPANY, an )
Idaho limited liability company; SPURWING )
LIMITED PARTNERSHIP, an Idaho limited )
partnership, THE CLUB AT SPURWING, and S )
W LOAN LLP )
Defendants. )
Plaintiff, Ada County, (hereinafter referred to as "County"), by and through its attorney of
record, the Ada County Prosecuting Attorney's Office, pursuant to Idaho Code § 67-6527, which
grants this Court jurisdiction and authority to order injunctive relief, complains of the Defendants,
Pacific Links, Spurwing Limited Partnership, The Club at Spurwing, and S W Loan LLP
(hereinafter referred to as "Defendants"), and says that:
COMPLAINT-PAGE I
I.
This Court has jurisdiction pursuant to Idaho Code § 67-6527.
II.
This Court is the appropriate venue pursuant to Idaho Code § 5-404.
III.
That County is a political subdivision of the State of Idaho.
IV.
Defendants own and/or utilize real property within the County, (hereinafter referred to as
"Property"), namely: Township 4N, Range 1 W, Section 23, Tax Parcel # R8081770022. The
physical location of the property is 6800 North Spurwing Way,Meridian,Idaho 83646..
V.
Defendants constructed an unapproved emergency access road on the parcel.
VI.
A property owner and/or a property owner's authorized agent must obtain approval before
any modification is done to a previously approved master site plan in accordance with Ada County
Code (ACC § 8-4E-3F). Additionally, no constructions or alteration shall commence on any
property until a valid zoning certificate has been issued(ACC § 8-7-1A).
VII.
Defendants submitted an application and requested approval of the emergency access road to
the Ada County Development Services Department.
VIII.
The Board of Ada County Commissioners heard evidence on the application and denied the
application after finding that the request would adversely affect adjacent properties and after finding
COMPLAINT-PAGE 2
that there existed an alternative route for the emergency access road.
IX.
The Board's denial was appealed,but was later dismissed with prejudice. That decision is
now final.
X.
Upon information and belief,the unapproved emergency access road is still on the property.
XI.
County will suffer irreparable harm and injury by the continuation of Defendant's violations
unless said violations are enjoined by injunction.
WHEREFORE, County prays that Defendants be permanently enjoined by injunction from
violating ACC §§ 8-7-1, 8-4E-3F; that Defendants be required to remove such violations; that
Defendants be required to correct such violation and return the property to its preconstruction status;
that Defendants be required to cease activity violating the Ada County Code; and that the Court
grant attorney fees, costs, and any such other and further relief as it deems equitable.
DATED this 9t'day of June,2020.
JAN M.BENNETTS
Ada County Prosecuting Attorney
By: /s/John L. Cortabitarte
John L. Cortabitarte
Deputy Prosecuting Attorney
COMPLAINT-PAGE 3