Wahooz Fun CenterC kZ`
NOTE: This is not a Buil&nz Permit
E IDIAN*%�� Prior to any construction, Services should
contact the Building Services at (208)
887-2211 to verify if any additional
I D A H O Hermits and/or insaections will be
required.
CERTIFICATE OF ZONING COMPLIANCE*
Date: July 28 2009
Project Name/Number: Wahooz Fun Center — CZC-09-033; DES -09-015; ALT -09-022
Owner/Applicant: Black Mor LLC
Site Address: 1385 S Blue Marlin Lane (R4239770502)
Proposed Use: 61,813 sq ft addition to existing Entertainment Facility
Zoning:
Comments:
Conditions of Approval: Project is subject to all current City of Meridian ordinances and previous
development applications (Interstate Center Subdivision) and development agreement (instrument
#97044085) for this site. The issuance of this CZC does not release the applicant from any previous
requirements of other permits issued for this site.
Certificate of Occupancy: All required improvements must be complete prior to obtaining a
Certificate of Occupancy. All changes in occupancy need to comply with the requirements of
Building Services. It is unlawful to use or occupy any building or structure until the Building Official
has issued a certificate of occupancy. A certificate of occupancy or temporary certificate of
occupancy is obtained from Building Services (208) 887-2211 after inspections are complete and the
field inspection record is returned to Building Services.
Alternative Compliance: The applicant is requesting alternative compliance from two UDC
standards. The first request the applicant is requesting to locate all of the required parking between
the building fagade and the abutting streets. Per UDC 11-3A-19.3, no more than 50 percent of the
total off-street parking area for the site shall be located between building facades and abutting streets.
The current building location and site layout makes it impossible to conform to this requirement of
the UDC. As mitigation, the applicant is screening the parking area with additional landscaping
which exceeds the requirements of the UDC. For further analysis see the second alternative
compliance request below.
The second request is to exclude the 10 required trees from planter area between the front facade and
second northern east/west drive aisle and the 5 -foot landscape buffer adjacent to the 11 stalls south
of the 20 -foot drive aisle. The areas are impacted by the location of the existing sub -surface drainage
system and the topography of the site. The applicant contends the grade of the slope will not support
healthy trees and relocation of the sub -surface drainage system makes it costly and difficult to meet
the requirements of the UDC.
In lieu of the 7 required trees the applicant is proposing to substitute (3) 5 -gallon pot shrubs per tree
for a total of 21 shrubs. The three other trees plus three additional trees will be dispersed throughout
the 25 -foot landscape buffer adjacent to the S. Blue Marlin Lane. The UDC requires a minimum of
10 trees and the applicant is proposing 16 trees. Because there is an existing 40 -foot NMID easement
adjacent to Overland Road, the applicant has provided the 5 -foot landscape buffer as required by the
UDC. The total buffer width (45 feet) exceeds the UDC and the applicant has also provided 2
additional trees in this area as well. In addition, the larger landscape buffers help screen the parking
area from the adjacent roadway.
Per UDC 11-5B-5B.2f. and UDC 11-5B-5A.2a, requests for alternative compliance are allowed
when a site design demonstrates consistency with the Meridian Design Manual and topography and
other site conditions exists that makes full compliance impossible or impractical. The location of the
existing building and site layout and the topography of the site makes conformance impractical. Staff
finds the applicant's requests have met the intent of the landscape ordinance and the Meridian
Design Manual. Therefore, the Planning Director approves the alternative compliance request as
submitted on the landscape plans stamped approved on July 28, 2009.
Site Plan: The Site Plan prepared by BRS Architects, Inc., labeled Sheet SD1.1, is approved
(stamped "Approved" on July 28, 2009 by the Meridian Planning Department) with no changes. The
approved site plan is not to be altered without prior written approval from the Planning Department.
Landscaping: The Landscape Plans prepared by BB Landscape Architecture for BRS Architects, dated July
20, 2009, labeled Sheet L1.0-1,12, are approved (stamped "Approved" on July 28, 2009 by the Meridian
Planning Department) withthe following comment:
1) Prior to certificate of occupancy, provide written verification from NMID allowing the proposed
lawn within the 40 -foot irrigation easement adjacent to Overland Road.
The approved landscape plan is not to be altered without prior written approval of the Planning Department.
No field changes to landscape plan permitted; prior written approval of all material changes is required. Prior
to final inspection and sign off for this project, a written certificate of completion shall be submitted to
the Planning Department, prepared by a landscape architect, landscape designer or qualified
nurseryman responsible for the landscape plan upon completion of the landscape installation. The
Certificate of Completion shall verify that all landscape improvements, including plant materials and
sprinkler installation, are in substantial compliance with the approved landscape plan.
Design Review: The site design and building elevations are found to be consistent with the Meridian
Design Manual and UDC 11-3A-19; stamped "Approved" on July 28, 2009.
Elevations: The elevations submitted for design review, prepared by BRS Architects dated July 1,
2009, labeled A4.1 and A4.2 and the color elevations labeled 5.1 are approved (stamped "Approved"
on July 28, 2009) with no changes.
Protection of Existing Trees: Any existing trees on site must be protected or mitigated for in
accordance with the Tree Preservation section of the City's Landscape Ordinance. Per UDC 11-313-
10, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of
protection/relocation measures for the existing trees prior to construction. Any severely damaged tree
must be replaced in compliance with UDC 11-313-10-C.5.
Drainage: Storm water drainage swales shall not have a slope steeper than 3:1, shall be fully
vegetated, and shall be designed in compliance with UDC 11-3B-11 and UDC 11-3A-18.
Li htin : Lighting shall not cause glare or impact the traveling public or neighboring
development and comply with lighting standards as defined in UDC 11-3A-11.
Si nag No signs are approved with this CZC. All business signs will require a separate sign
permit in compliance with UDC 11-3D.
Handicap -Accessibility: The structure, site improvements and parking areas must be in compliance
with all federal handicap -accessibility requirements.
ACHD Acceptance: All impact fees, if any, shall be paid prior to the issuance of a building permit.
If any changes must be made to the site plan to accommodate the ACHD requirements, a new site
plan shall be submitted to the City of Meridian Planning staff for approval prior to the issuance of a
building permit.
Plan Modifications: Except for the changes mentioned above, the approved Site Plan, Landscape
Plan stamped "Approved" on July 28, 2009, and Elevations, and are not to be altered without prior
written approval of the Planning Department. No significant field changes to the site or landscape
plans are permitted; prior written approval of all changes is required.
Note: If the plat for the subdivision in which this property lies has not been recorded, all
subdivision improvements shall be installed prior to occupancy of the first structure in the
subdivision. 1_�? I _
Bill Parsons
Associate City Planner
*This letter does not indicate compliance with requirements of other departments/agencies, including, but not limited
to, Ada County Highway District, Central District Health Department, affected irrigaton district(s), Meridian Sewer,
Water, Building or Fire Departments, Sanitary Services Co., etc. This letter shall expire one (1) year from the date
of issuance if work has not begun.
E IDIAN -
lL�a�iiG
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Project name: np C File # CZC :-09—
Applicant/agent: lie 4/eaT
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
Staff
()
Descnphon
Completed & signed Administrative Review Application
Narrative fully describing the proposed use of the property, including the following:
x
➢ Information on any previous approvals or requirements for the requested use
(i.e., applicable conditions of approval or Development Agreement)
Recorded warranty deed for the subject property
tv
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation,
submit a copy of the Articles of Incorporation or other evidence to show that the person signing is an authorized agent.)::
Scaled vicinity ap showing the location of the subject property
Fire Marshall approval for access and turn around (stamped, full size site plan)
Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site
lan)
Civil Site/Dimension Plan —1 full size co (folded to 8'/z" x 11" size)
x
A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens
or more (see UDC 11-3A-11)
Copy of the recorded plat the property lies within (8'/2" x 11")
Address verification letter from Public Works (898-5500)
Site Plan --4 copies (folded to 8'/2" x 11" size)
The following items must be shown on the siteplan:
• Date, scale, north arrow, and project name (scale not less than 1"=50')
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Parking stalls and drive aisles
• Trash enclosure(s) location
• Detail of trash enclosure (must be screened on 3 sides)
• Location and specifications for underground irrigation (Pressurized irrigation can only be
waived if you prove no water rights exist to subject property)
• Sidewalks of pathways (proposed and existing)
• Location of proposed building on lot (include dimensions to property fines)
• Fencing (proposed and existing)
• Calculations table including the following:
Number of parking stalls required & provided (specify handicap & compact scans)
➢ Building size (sq. ft.)
➢ Lot size (sq. ft.)
➢ Setbacks
➢ Zoning district
• Reduction of the site plan (8'/2" x 11")
Landscape plan — 3 copies (folded to 8'/2" x 11" size)
`
Plan must have a scale no smaller than 1 " = 50' (1 " = 20' is preferred) and be on a standard
Kdrawing
sheet, not to exceed 36" x 48" (24" x 36" is preferred). A plan which cannot be drawn in
its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets.
The followin items must be included on the landscapeplan:
• Date, scale, north arrow, and project name
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance of a building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS
RECEIVED ALL REQUIRED INFORMATION.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 4/03/09)
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Stamp/signature of a landscape architect, landscape designer, or qualified
nurseryman preparing the plan
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
floodplains, high groundwater areas, and rock outcroppings
----
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed
-
• A statement of how existing healthy trees proposed to be retained will be
protected from damage during construction
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
be shown with one -foot contours
• Sight Triangles as defined in 11-3A-5 of this ordinance
• Location and labels for all proposed plants, including trees, shrubs, and
groundcovers (trees must not be planted in City water or sewer easements). Scale shown for
plant materials shall reflect approximate mature size
- -'
• A plant list that shows the plant symbol, quantity, botanical name, common name,
_ minimum planting size and container, tree class (I, 11, or III), and comments (for
spacing, staking, and installation as appropriate)
• Planting and installation details as necessary to ensure conformance with all
re uired standards
• Design drawing(s) of all fencing proposed for screening purposes
• Calculations of project components to demonstrate compliance with the
requirements of this ordinance, including:
➢ Number of street trees and lineal feet of street frontage
➢ Width of street buffers (exclusive of right-of-way)
➢ Width of parking lot perimeter landscape strip
➢ Buffer width between different land uses (if applicable)
➢ Number of parking stalls and percent of parking area with internal landscaping
➢ Total number of trees and tree species mix
➢ Mitigation for removal of existing trees, including number of caliper inches
being removed
Reduction of the landscape plan (8 1/2" x 11")
Building elevations showin construction materials — 3 copies (folded to 8 YF x 11" size)
Reduction of the elevations (81/z" x 11")
If applying for approval of a public school, provide additional information as required by
/
6
the Public School Facility supplemental checklist per §67-6519
Fee (If this project had prior approval on a site plan, reduced fees may apply)
ACHD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be
made to the site plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Department for approval prior to the issuance of a building permit.
Your building permit will not be issued until ACHD has approved your plans and all associated fees have been paid
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS
RECEIVED ALL REQUIRED INFORMATION.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 4/03/09)
WIDIAN-- Planning Department
ALTERNATIVE COMPLIANCE ■ Application Checklist
Project name: WWADOZ.
Applicant/agent: %)E'FF L % KS 1�.rz�Nt-r�cTS
All applications are required to contain one copy of the following unless otherwise noted:
Completed & signed Administrative Review Application
X (If also submitting a concurrent application for a preliminary plat or conditional use permit, the Alternative
Compliance request will be processed along with that application. Therefore, an Administrative Review application
is not necessary in this case; just check the Alternative Compliance box on Commission & Council Review
Narrative fully describing the proposed request including the following:
➢ The specific requirements that are proposed to be modified
➢ Address the reason why strict adherence or application of the requirements are not
feasible
➢ Demonstrate how the proposed alternative means for compliance with the specific
requirements provides an equal or superior means of meeting the intent and purpose
of the regulation
➢ Any supporting documentation or plans
Fee S 1(p0
THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL
REQUIRED INFORMATION.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 11/4/08)
(� MIE �� ...
ect name:
Planning Department
DESIGN REVIEW ■ Application Checklist
All applications are required to contain one copy of the following:
Apl�caut ( Staff
Completed and signed Administrative Review Application
(If also submitting a concurrent application for Conditional Use Permit, design review wall I
Xbe processed along with that application. Therefore, an Administrative Review application is '
not necessary in this case; just check the Design Review box on Commission & Council
Review Annlication and submit the information below.)
X IK
Checklists (B. Urban Design Guidelines;
D. Suburban Design Guidelines; E. Residential
Lesi n LTuaaetanes) as appilcame.
Provide in a narrative letter, how the proposal addresses guidelines contained in the
Meridian Design Manual and UDC 11-3A-19:
1. Architectural Character:
a. Facades.
b. Primary public entrance(s).
c. Roof lines.
d. Pattern variations.
e. Fenestration
f. Mechanical equipment.
}� 2. Color and materials. Please provide color chips or exhibits of proposed colors.
X 3. Site Plan and Building Layout
a. Building location
b. Parking areas.
c. Access
d. Street layout and/or internal circulation.
e. Pedestrian walkways and facilities.
A complete set of scaled plans including building elevations, with building materials, colors r
and textures specified and site plans.;
Reductions of the elevations 8 '/2" x 11"
Fee -
All requests for design review approval must meet the procedures set forth in UDC 11-5 and the criteria set forth in the
"Meridian Design Manual ", as applicable.
APPLICATIONS WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 03/23/09))
W
E IDIAM--. Planning Department
DESIGN REVIEW
Design Manual Compliance
Pro' ect name: \txJA.JAOOZ Euk CiEuremFile # f'
Applicant/agent: i�zr: tT
To encourage integrated, functional, and attractive transitional developments that strengthen identity within the
City and support urban and mixed-use areas.
X
C-1.1.3.1. Developments should establish anE
appropriate and compatible transitional development...
F
X
C-1.1.3.1.1. Develop a master plan for large-scale,
phased, and multiple -site proposals to demonstrate...
X
C-1.1.3.1.2. Where appropriate, coordinate with adjacent
uses and residential areas, including single -project...
C-1.1.3.1.3. Avoid piecemeal and fragmented
M
development that detracts from the establishment...
X
C-1.1.3.1.4. Reduce and mitigate the impacts from
proposed developments on adjacent sites as...
XC-1.1.3.1.5.
Mixed-use, large-scale, and multiple -site
developments should integrate public space within...'
X
C-1.1.3.2. Anticipate the addition of future transit
;
systems to the transportation network and plan for...
....
C-1.1.3.2.1. Coordinate routes, placement of facilities,
�'
and infrastructure improvements with the appropriate...
X
C 1.13J� Where possible, worpo=ate and enhance
sig nificant natural features as site amenities;and/or.
_... .
X
C-1.1.3.4. Appropriately address the critical issues of
"
site layout that influence development character...
1.2 -Access &
Objectives:77
To promote the interconnectivity of the community and reduce the impacts that vehicle access points impose on
roadways and the physical and visual character of developments.
I See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1214108)
X C-1.2.3.1. Limit direct vehicular access off major
roadways, including highways, principal arterials...
x C-1.2.3.1.1. Coordinate and combine access points
with adjacent sites and uses to reduce or eliminate...
XC-1.2.3.1.2. Provide site ingress/egress from secondary
roadways for sites adjacent to major roadways.
X
x
C-1.2.3.1.3. Where secondary roadways cannot be
provided, coordinate and combine access points to...
..•
X
C-1.2.3.1.4. Multiple -site and large-scale developments
should limit ingress/egress points and establish...
"
kC-1.2.3.1.5.
Use shared access points, secondary
roadways, or internal circulation to access corner sites.
"
X
C-1.2.3.2. Provide pedestrian and vehicular
connections that link adjacent uses and circulation...
C-1.2.3.2.1. Where possible, coordinate and align Ex► sriN(a
ingress/egress points, cross access, and internal...
X C-1.2.3.2.2. Unrestricted access points and roadways EXt STINGEllEll
used for site entry should align across primary... ' `s
To ensure that site organization, including, but not limited to, the placement and orientation of buildings,
structures, and public spaces, as well as the location and layout of service and parking areas, promotes an
integrated built environment that establishes an appropriate development character.
C-1.3.2.1. Locate buildings to establish an appropriate
development character that enhances the...
C-1.3.2.1.1. Bring buildings up close to roadways to 0' S
Xestablish a street presence and orient primary... ov 'w
C-1.3.2.1.2. Limit the distance from buildings to
x roadways and the distance between buildings...
C-1.3.2.1.3. Large-scale and multibuilding
developments may place buildings away from...
1 See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
x
'..:
. converge ort gublic'and open spaces, such as transiti ;<'
..•
C-1.2.3.3. Establish internal site circulation as an
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interconnected network of walkways, pathways...
C-1.2.3.4. Plan for access and connectivity to future
transit facilities, including, but not limited to...
X
C-1.2.3.4.1. Coordinate with the appropriate agencies
and organizations to ensure the successful...
To ensure that site organization, including, but not limited to, the placement and orientation of buildings,
structures, and public spaces, as well as the location and layout of service and parking areas, promotes an
integrated built environment that establishes an appropriate development character.
C-1.3.2.1. Locate buildings to establish an appropriate
development character that enhances the...
C-1.3.2.1.1. Bring buildings up close to roadways to 0' S
Xestablish a street presence and orient primary... ov 'w
C-1.3.2.1.2. Limit the distance from buildings to
x roadways and the distance between buildings...
C-1.3.2.1.3. Large-scale and multibuilding
developments may place buildings away from...
1 See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
X C-1.3.2.6. Locate site services, building utilities, and
mechanical equipment to enhance the attractiveness...
X C-1.3:2.6:1. Place and orient service and loading areas,
mechanical equipment, and utilities away from...
x C-1.32.6.2. Where possible, place service and loading
areas behind buildings and provide access from...
XC-1.3.2.6.3. Coordinate the placement of freestanding
site services and mechanical equipment to eliminate...
C-132.6.4. Place utility lines underground and away
x from planting zones whenever possible.
1 See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
Use buuclings, tt►at mcorporate arncutatea
X
toward roadways adjacent to building entries...
facades and arehrtectural elements to anchor site...
_ 13 23 4,3 Spacgs designed fpr courtyards, outdoor,11111,
sed"ting, dining areas or other such spaces should:..;
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C-132.2. Provide clearly defined building entries and
X
...
' ward the interior of the site
C-1.3.2.4. Locate parking to
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connect them to roadways, pedestrian walkways...
and integrate parking areas to establish an attractive...
\,
C-1322.1. Primary building entries should face
C-1.3.2.4.1. Place parking areas away from site
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roadways, pedestrian environments, or adjacent...
corners, primarily to the rear and/or side of buildings...
...__..... _...._.
.......................... _ _.......
X
C-13.2.2.2. Large-scale buildings should provide
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-
land area devoted to vehicular parking; include...
entrances on at least two different building fagades...
v
C-1.32.43. Distribute parking into smaller areas
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C-13.23. Strategically locate public spaces and site
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around, between, and behind structures to shorten the...
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amenities, such as common open space, transit...
C-13.2.5. Where possible, coordinate the placement of
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xC-1.3.2.3.1.
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public spaces, site amenities, parking areas, and/or...
and site amenities to establish destinations that...
X C-1.3.2.6. Locate site services, building utilities, and
mechanical equipment to enhance the attractiveness...
X C-1.3:2.6:1. Place and orient service and loading areas,
mechanical equipment, and utilities away from...
x C-1.32.6.2. Where possible, place service and loading
areas behind buildings and provide access from...
XC-1.3.2.6.3. Coordinate the placement of freestanding
site services and mechanical equipment to eliminate...
C-132.6.4. Place utility lines underground and away
x from planting zones whenever possible.
1 See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
C-1.3.2.33. Orient public spaces and site amenities
toward roadways adjacent to building entries...
_ 13 23 4,3 Spacgs designed fpr courtyards, outdoor,11111,
sed"ting, dining areas or other such spaces should:..;
/0 jr&Ct,11, a1,%M�.; F
X
...
' ward the interior of the site
C-1.3.2.4. Locate parking to
`
and integrate parking areas to establish an attractive...
C-1.3.2.4.1. Place parking areas away from site
corners, primarily to the rear and/or side of buildings...
X
C-132.42. Use a parking strategy to minimize the
�
-
land area devoted to vehicular parking; include...
v
C-1.32.43. Distribute parking into smaller areas
atr, Pio J , I
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around, between, and behind structures to shorten the...
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X
C-13.2.5. Where possible, coordinate the placement of
im
public spaces, site amenities, parking areas, and/or...
X C-1.3.2.6. Locate site services, building utilities, and
mechanical equipment to enhance the attractiveness...
X C-1.3:2.6:1. Place and orient service and loading areas,
mechanical equipment, and utilities away from...
x C-1.32.6.2. Where possible, place service and loading
areas behind buildings and provide access from...
XC-1.3.2.6.3. Coordinate the placement of freestanding
site services and mechanical equipment to eliminate...
C-132.6.4. Place utility lines underground and away
x from planting zones whenever possible.
1 See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
To incorporate parking as an integrated element of the built environment and address issues that influence the
physical and visual characteristics of parking areas, such as the appropriate location for parking, size of parking
areas, paving materials, landscaping, and screening.
Z
to
To provide a variety of attractive, usable, and integrated public and open spaces that enhance development
character, encourage pedestrian use, and contribute to community life and the positive experience of daily
activities.
X C-1.5.3.1. Design public and open spaces as f
destinations within individual developments and... ✓
See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
C-1.4.2.1. Parking areas should establish an
appropriate circulation pattern for pedestrians and...
C-1.4.2.1.1. Coordinate vehicular and pedestrian
circulation patterns to delineate pedestrian walkways...
X
C-1.4.2.1.2. Provide pedestrian connections from
internal circulation to public spaces and adjacent...
X
C-1.4.2.2. Design surface parking as an integrated and
attractive element of the built environment that...
C-1.4.2.2.1. Break up parking areas into smaller,
frwl#-4 !""`
Xseparated
modules and arrange parking to minimize...
xC-1.4.2.2.2.
Reduce the depth of parking areas and
~ �'
limit parking between building fagades and...
k
C-1.4.2.2.3. The design and layout of internal site
parking should avoid long, unbroken parking bays...
C-1.4.2.2.4. Use trees, landscaping, hardscapes, and
architectural elements to provide shade, create...
x
C l '4 2 5a Shade pedestd walkways and parlang,
utcluduig stalls and dnve aisles? with the itgpropriate
C 14:12 2 6 Scxeen parking with bermsr landscapxng
walls architectural elements, or a CO ink on.. o
k
C-1.4.2.2.7. Distribute and integrate appropriately
scaled lighting to provide safe and adequately...
C-1.4.2.3. Where appropriate, incorporate and arrange
,Ia i„ (L p
on -street parking to produce traffic calming effects...
XC-1.4.2.3.1.
Coordinate the use of on -street parking,
t
including the design and location, with the...
Z
to
To provide a variety of attractive, usable, and integrated public and open spaces that enhance development
character, encourage pedestrian use, and contribute to community life and the positive experience of daily
activities.
X C-1.5.3.1. Design public and open spaces as f
destinations within individual developments and... ✓
See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Ik I I I C-1.5.3.1.2. Clearly delineate the edges of public
spaces. Use building fagades, materials, architectural...
x C-1.5.3.1.4. Design public spaces to provide visual
interest that enhances development character and...
XC-1.5.3.1.5.
C-1.5.3.1.1. Provide appropriate types and sizes of
public and open spaces, including development...
Incorporate pedestrian -oriented amenities
that promote various active and passive uses within...
Ik I I I C-1.5.3.1.2. Clearly delineate the edges of public
spaces. Use building fagades, materials, architectural...
x C-1.5.3.1.4. Design public spaces to provide visual
interest that enhances development character and...
C-1.5.3.2.1. Use decorative pavers or other materials
X suitable for hardscapes that endure well and add...
x C-1.5.3.2.2. Incorporate plantings, trees, and other plant
materials to add vertical texture and variety to public...
X C-1.5.3.2.3. Provide adequate seating that reflects the
nature of the intended activities. Use fixed seating...
C-1.5.3.2.6. Where appropriate, provide pedestrian -
scaled light fixtures that provide adequate lighting...
C-1.5.3.3. Public and open spaces should maintain
pedestrian and user safety and provide secure...
I See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
4 Appropriately use formal and/or informal planting arrangements to meet the guideline.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org
XC-1.5.3.1.5.
Where appropriate, use public and open
spaces as transitions between land uses to promote...
XC-1.5.3.2.
Incorporate pedestrian -oriented amenities
that promote various active and passive uses within...
C-1.5.3.2.1. Use decorative pavers or other materials
X suitable for hardscapes that endure well and add...
x C-1.5.3.2.2. Incorporate plantings, trees, and other plant
materials to add vertical texture and variety to public...
X C-1.5.3.2.3. Provide adequate seating that reflects the
nature of the intended activities. Use fixed seating...
C-1.5.3.2.6. Where appropriate, provide pedestrian -
scaled light fixtures that provide adequate lighting...
C-1.5.3.3. Public and open spaces should maintain
pedestrian and user safety and provide secure...
I See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
4 Appropriately use formal and/or informal planting arrangements to meet the guideline.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org
X C-1;6.2.2.2.3 Landscaping should encourage the
appropriate and amactive use of xeric, drought...
C-1.6.2.2.3. Incorporate various plants and non -
vegetative materials that provide groundcover and...
C-1;6 2 2 4 3 Use planters and planting arrangement§ " ,i
that feaft]re"eeasnnal: nlants. flowers_ and ornamental_:
C-1.6.2.4. Where possible, development should "
coordinate landscaping with adjacent properties to...
To encourage visually aesthetic building designs that promote quality architectural character and establish built
environments that are compatible with existing, planned, and/or anticipated adjacent land uses.
I See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
5 Incorporating vertically integrated uses may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
To encourage building designs that appropriately use architectural and human scale to establish compatible
physical and visual relationships with adjacent and surrounding developments and reinforce a cohesive
architectural character.
Y
N
N/A
Design Guidelines'
Comments2
Staff
X
C-2.2.2.1. Proposed developments should use
proportion and scale to design buildings compatible...
j
C-2.2.2.1.1. Infill, greenfield, and redevelopment
' p `u
P�lid
l�
proposals should coordinate the placement...
C-2.2.2.1.2. Large-scale and multibuilding
developments are encouraged to produce innovative...
v
�c
C-2.2.2.1.3. Where possible, group or incorporate!'r
fagades introduce
smaller uses along that modulation...
n
C-2.2.2.2. Design and configure buildings to reduce
..c,
overwhelming and disproportioned architectural...
C-2.2.2.2.1. Development should consider the scale of
surrounding buildings, including relationships to...
C-2.2.2.2.2. Use variation in building form and
buildings, including, but
OIJY 4c j rd • of ar 5-1 f e
proximity to other not...
C-2.2.2.2.3. Where appropriate, establish a hierarchy of
�r
building scales that transition from intense to less...
;
h
C-2.2.2.2.4. Building scales along roadways and
( S f.e
adjacent to or near urban areas of the community are...
C-2.2.2.3. Incorporate human scale on appropriate
building fagades to support an aesthetic architectural...
J
C-2.2.2.3.1. Use human scale to emphasize fenestration
patterns, architectural elements, proportion...
............................._.
C-2.2.2.3.2. Human scale is required at the ground or
street level at building entries, along roadways, and...
' See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
To integrate architectural elements and details as components of cohesive building designs that enhance the
visual interest of building fagades, support activity at and/or near ground level, and provide human and pedestrian
scale.
C-2.4.2.1. Use architectural elements and detailing,
including, but not limited to, fenestration pattern...
C-2.4.2.1.1. Design and articulate architectural
elements using proportions, divisions, detailing...
X C-2.4.2.1.2. Provide architectural elements and
detailing that emphasize human scale throughout the...
X
I See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
C-2.3.2.2.1. Use divisions, fenestration, architectural
elements, details, accent materials, and human scale...
�f
C-2.3.2.2.2. Where building designs incorporate
multiple stories, or equivalent building heights...
Y
N
NTA
Design Guidelines
Comments2
Staff
C-2.3.2.2.3. Use horizontal and vertical divisions in
wall planes to organize fenestration as integrated...
C-2.3.2.2.4. Design lower stories to visually anchor
buildings to the ground or street and appropriately...
C-2.3.2.2.5. Design the uppermost story or fagade wall
Sew(
planes to complete the building design. Use articulation...
1t
/\
C-2.3.2.2.6. Building designs within designated areas of
the Ten Mile Specific Area Plan are encouraged to use...
C-2.3.2.3. Building designs should establish visual
connections that relate internal spaces at ground- or...
X
C-2.3.2.3.1. Use architectural elements, such as doors and
windows, details, and materials to articulate building...
X
C-2.3.2.3.2. Fagades at ground level should average 40
percent transparency along roadways and adjacent to...
C-2.3.2.4. Building designs should provide proportionally
3:
`
taller ground-level fagades to accommodate various...
Y11
C-2.3.2.5. Building roof types, forms, and elements
should provide variation and interest to building...
\I
C-2.3.2.5.1. Building designs should incorporate
......__.........___:..._._....
1�
appropriate roof forms with primary and secondary...
C-2.3.2.5.2. Where appropriate, modulate and/or
articulate roof types, both flat and sloped, with roof...
To integrate architectural elements and details as components of cohesive building designs that enhance the
visual interest of building fagades, support activity at and/or near ground level, and provide human and pedestrian
scale.
C-2.4.2.1. Use architectural elements and detailing,
including, but not limited to, fenestration pattern...
C-2.4.2.1.1. Design and articulate architectural
elements using proportions, divisions, detailing...
X C-2.4.2.1.2. Provide architectural elements and
detailing that emphasize human scale throughout the...
X
I See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
C-2.4.2.2. Building designs should not create blank wall
segments along roadways or adjacent to public space...
N
C-2.4.2.3. Organize and locate building service
equipment, including, but not limited to, mechanical...
7the
C-2.4.2.3.1. Use integrated architectural elements to
encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to
".
Y
N
provide adequate screening and appropriately...
Design Giuidehnes'
Commentsz
Staff
C-2.4.2.3.2. Screen service equipment at ground level
C-2.5.2.1 . Buildings with fagades that face multiple
from pedestrian and vehicular view to a minimum...
roadwaysand/or public spaces should .use consistent...
C-2.4.2.3.3. Screen service and building equipment that
C-2.5.2.2. Use complementary material combinations
is attached or on top of structures from public view...
that contribute to a cohesive building design...
C-2.4.2.3.4. Use screening techniques, architectural
"
t/
elements, and materials that are consistent with the...
7the
encourage the use of quality materials that promote aesthetic building designs and appropriate contributions to
development of a timeless community character.
Y
N
NSA
Design Giuidehnes'
Commentsz
Staff
C-2.5.2.1 . Buildings with fagades that face multiple
roadwaysand/or public spaces should .use consistent...
C-2.5.2.2. Use complementary material combinations
that contribute to a cohesive building design...
t/
C-2.5.2.2.1. Select combinations that emphasize a,%
finished composition and enhance human scale for...
x
C-2.5.2.2.2. Concrete masonry that provides texture,
k
interest, and detail may be appropriate for building...
C-2.5.2.2.3. Use well -detailed, proportioned, and
durable materials that will weather and age gracefully...
C-2.5.2.2.4. Create interest and variety in fagade design
to establish attractive architectural character and...
C-2.5.2.2.5. Provide pattern, texture, and detail in the
building design and distinguish field materials from...
'`
C-2.5.2.3. Where materials transition or terminate,
provide detailing to express the natural appearance...
�(
r�
C-2.5.2.4. Use colors that complement the use of
building materials and support innovative and good...
C-2.5.2.4.1. The use of subtle, neutral, and natural
tones for field materials should complement accent...
+
X
C-2.5.2.4.2. The use of intensely bright and fluorescent
colors, as well as the widespread use of saturated...
y
C-2.5.2.4.3. Materials or colors with high reflectance,
such as metal or reflective glazing, should be...
I See corresponding item in the Design Manual for full text.
Z Insert comments or explanations relevant to the projects compliance or non-compliance.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 • Website: www.meridiancity.org
Objective.
To encourage the use of signs and architectural lighting as integrated elements of building and site designs that
contribute to the atmosphere of quality, aesthetic built environments.
C-2.6.3.1. Where appropriate, use lighting on building
exteriors to promote safe pedestrian environments...
C-2.6.3.1.1. Coordinate lighting fixture spacing and
X height along streetscapes and roadways to avoid... `
V-4
C-2.6.3.2.3. Use appropriately scaled signs that
incorporate logos, minimize or eliminate the use of...
C-2.6.3.2.4. Where buildings are brought up close to .. -
roadways, pedestrian environments, and public...
t
To promote the appropriate use of site layout, separation techniques, and architectural design guidelines to
mitigate the adverse impacts that industrial uses impose on adjacent commercial, residential, and other non-
industrial uses.
........._..__.____. ___...
xC-3.1.3.1. Orient industrial developments, including
buildings, structures, and site elements, such as work...
C-3.1.3.2. Provide an appropriate architectural design
for buildings and structures that are adjacent to...
C-3.1.3.3. Use the placement and orientation of the
building or structure to screen industrial activity...
C-3.1.3.4. Maintain the required buffers adjacent to
non-residential uses as indicated in the UDC...
1 See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
C-2.6.3.1.3. Lighting fixtures used on building
exteriors should be integrated with building design...
C-2.6.3.2. Signs should be integrated with architectural
elements and complement building designs and...
YL
C-2.6.3.2.1. Provide signs to identify individual
storefronts, buildings, and uses along roadways...
V-4
C-2.6.3.2.3. Use appropriately scaled signs that
incorporate logos, minimize or eliminate the use of...
C-2.6.3.2.4. Where buildings are brought up close to .. -
roadways, pedestrian environments, and public...
t
To promote the appropriate use of site layout, separation techniques, and architectural design guidelines to
mitigate the adverse impacts that industrial uses impose on adjacent commercial, residential, and other non-
industrial uses.
........._..__.____. ___...
xC-3.1.3.1. Orient industrial developments, including
buildings, structures, and site elements, such as work...
C-3.1.3.2. Provide an appropriate architectural design
for buildings and structures that are adjacent to...
C-3.1.3.3. Use the placement and orientation of the
building or structure to screen industrial activity...
C-3.1.3.4. Maintain the required buffers adjacent to
non-residential uses as indicated in the UDC...
1 See corresponding item in the Design Manual for full text.
2 Insert comments or explanations relevant to the projects compliance or non-compliance.
3 Incorporating this guideline may help offset non-compliance with other guidelines.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 9 Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
To accommodate the adaptive reuse of the existing residence to a commercial use, while maintaining
compatibility with the use(s) on adjoining properties.
To ensure that such residential to commercial conversions are compatible with the existing character of the
original residential use, while recognizing the need to modify the structure to meet commercial building code
requirements.
kC-3.2.3.1. Developments that propose the conversion
of residential to commercial within Old Town should...
k C-3.2.3.2. Residential to commercial conversions
should use the guidelines from Section C. Design...
X C-3.2.3.3. Additions, restorations, and repairs should
use similar building forms, materials, and details...
C-3.2.3.4. Where there are site constraints that prevent
a conversion from complying with the site character...
I See corresponding item in the Design Manual for full text.
Z Insert comments or explanations relevant to the projects compliance or non-compliance.
33 E. Broadway Ave. • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 9 Website: www.meridiancity.org
WE IDIAN -- X Planning Department
H „ 1DMINISTRATIVE REVIEW APPLICATION
Type of Review Requested (check all thast,4 )Als
❑ Accessory Use
Alternative Compliance
ertificate of Zoning Compliance
❑ Conditional Use Permit Minor Modification
XDesign Review
❑ Private Street
❑ Property Boundary Adjustment
❑ Short Plat
❑ Temporary Use Certificate of Zoning Compliance
❑ Time Extension (Director)
❑ Vacation
❑ Other
Applicant Information
STAFF USE ONLY
File numbers)° yiv
� dVS .
Pzoject nan , . ty=M' u f t
Dade filed ' ''� Date complete "
Asstgned Planner �j ���� �'�,�`
Related fries
Applicant name: %/d14Q0? F A/ O!f6Y L --R Phone: e8y, 00q2_
Applicant address: I S 15> G v 15L.'VE M&0 t l ^/ olZip: `� 3co42
Applicant's interest in property: Own ❑ Rent ❑ Optioned ❑ Other
Ownername: RACK Mail., LLC Phone: OVy' &M
Owner address: 1%6 S , GLLM Hkel—al f'.iCL. Zip:
Agent name (e.g., architect, engineer, developer, representative):
Firm name: 6 %Z !S 1 TEG7tf,-
Address: k O 0 5, NA A an Ae -. lci�k
Phone: -3-36,
Zip:
Primary contact is: ❑ Applicant ❑ Owner Agent ❑ Other
Contact name: _ J Ef-9 L 1 L"5i Phone:
E-mail: J£F F (? �S Q= 4141 ['E.C' rs e o- m Fax: `$ • ��`��
Subject Property Information
Location/streetaddress: 1332 S 6LvJ9 MNRL" t_t•!
Assessor's parcelnumber(s): 9U2397-1Oi502.
Township, range, section: Ltrr h !&V- I lrlfwS4Ak& Total acreage:
Current land use: C-6 Z40AIMW, Current zoning district: C- f
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
1 (Rev. 1114108)
Project Description
Project/subdivision name:%IWQC27 r=L>W &ey'�
General description of proposed project/request: AM W l.. Ab Q; LImV -m 4.24- fiozz 6
&h ad!&e
Proposed zoning district(s): Na Lit aWgp
Acres of each zone proposed: Vo n.cYe S
Type of use proposed (check all that apply):
❑ Residential Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development? (514 t hq
Which irrigation district does this property lie within? �t" 1M
Primary irrigation source: E-.4 C'H !�J Secondary:
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 21 i -7
Residential Project Summary (if applicable)
residential units:
Number of c6Mmon and/or other lots:
Number of building lots:
Proposed number dwelling units (for multi-familydevelopments only):
1 Bedroom: 2 or more Bedrooms:
Minimum square footage of
Minimum property size (s.f):
(excl. garage): Proposed building height:
Gross density (DU/acre-total land):
Percentage of open space provided:
Percentage of useable open space:
Type of open space provided in acres (i.e., landscaping,
Average property size (s.f.):
Net density (DU/acre-excluding roads & alleys):
Acreage of open space:
(See Chapter 3, Article G, for qualified open space)
common, etc):
Type of dwelling(s) proposed: ❑ Single-family ❑ Towuhqrnes ❑ Duplexes ❑ Multi -family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed: 4 (� �3 Existing (if applicable): 7-1,52-7-
Hours
7,`722Hours of operation (days and hours): LOAM- 11011 Building height: 'MY O
ff
Percentage of site/project devoted to the following:
Landscaping: _ lu'$�� Building: �% 6 Paving:
Total number of employees: Maximum number of employees at any one time:
Number and ages of students/children (if applicable):
Seating capacity:
Total number of parking spaces provided: 339 Number of compact spaces provided:
Authorization
Print applicant name:
Applicant signature: _
Date: & I ov:�' 0
I /33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
z�7
Ideas
W, Advice
ARCHITECTS
X 10 O S:allante Place; Suite 10Q `( Boise, ID 83709 P:208-336`-8370 -�8380`1 wwHr.brsarchitects.com
Meridian Planning & Zoning
660 E. Watertower Ln., Ste. 202
Meridian, Idaho 83642
To Whom It May Concern:
June 15, 2009
Wahooz Fun Center is proposing to build an 61,813 s.f. addition to the existing
Wahooz Fun Center, located 1385 S. Blue Marlin Ln.
Current designs have the highest point of the building 39'-8" above finished floor
Building finishes include stucco walls, with stone and brick accents. The roofing
will be low slope single -ply roofing for the bulk of the roof area. Mechanical
rooftop units will be screened by a parameter parapet, and a screen wall. The
color palate will include blues, reds, creams and other fun and exciting colors.
Sincerely,
Jeff Likes
BRS ARCHITECTS
Cc: FILE
,�� ^�, � &s'i.� 'S•.
f 10 0 S: 1lante Pace; Suite 100 Boise; (D 8370 P:208-33�=8370 `� F: 208-336-8380 wwVir.brsarchitec'fs.cdm
Meridian Planning & Zoning
660 E. Watertower Ln., Ste. 202
Meridian, Idaho 83642
To Whom It May Concern:
June 15, 2009
i
Parcel: R4239770502
Re: Lot 5 Blk 1 Interstate
Wahooz Fun Center is proposing to build an 61,813 s.f. addition to the existing
Wahooz Fun Center, located 1385 S. Blue Marlin Ln.
Along Overland Road there is a 40' irrigation easement. Per our phone
conversation we discussed that parking is allowed to encroach in this easement
5' maximum. Our current design has the parking encroaching in the easement a
maximum of 2'-0" +-.
The irrigation easement also typically does not allow landscaping to be placed in
it, per the license agreement, and existing conditions we would propose to keep
the existing landscaping, as noted on the landscaping plans, as is. The existing
landscaping as trees planted at *5' +-.
Thanks for your consideration to this easement requirement and the proposed
landscape requirement.
Sincerely,
Jeff Likes
BRS ARCHITECTS
Cc: FILE
"~
ARCHITECTS
1010 S. ALLANTE PL. SUITE 100
BOISE, IDAHO 83,709
TELEPHONE 208 336 8370
FAX 208 336 8380
Narrative for Alternative Compliance (CZC)
City of Meridian, Planning Department
33 E. Broadway Avenue
Meridian, Idaho 83642
July 22, 2009
To Whom It May Concern: Parcel: R4239770502
Re: Lot 5 Blk 1 Interstate Center
Project: Wahooz Fun Center Add.
Address: 1385 S. Blue Marlin Ln.
Specific Requirement: Amend the previously submitted Landscape & Site Plan for the
current CZC application as required by P&Z Staff:
1. Add (3) trees to parking area directly south of and nearest the Bowling Lanes
Addition.
2. Add (5) trees to landscape area directly south of and nearest the Restaurant
Addition, and (2) trees just east of the "round about" stair.
Hardship: Item #1 has an existing sub -grade drainage system in place that would
conflict with the placing of the (3) required trees. In Item #2, the current grading plan will
not easily allow for the (7) trees. The slope/grade is extreme enough that the health of
the trees will be severely diminished.
Alternative Compliance: We are proposing to relocate the (3) trees required in Item#1
evenly along Blue Marlin Lane and Overland Road. Item #2 will not support healthy
trees, so we are proposing to substitute (3) shrubs for EACH of the required trees, for a
total of (21) shrubs.
Because we are deviating from the standard Planning & Zoning compliance
requirements, we have provided a 25'-0" +/- wide landscape buffer/setback between the
parking area and Blue Marlin Lane, which is in excess of the requirement by current
Zoning Ordinance. Additionally we are adding 5'-0" +/- to the buffer along Overland
Road in order to allow for street side trees to be planted outside of the existing NMID
easement.
Thanks for your consideration of this Alternative Compliance request.
Sincerely,
e Th pson
BRS A CHITECTS
Cc: FILE
Date: 6/1712009
To: Meridian Planning Department
Ideas
Advice
- svY
Re: Wahooz Fun Center - Lot 5 Blk 1 Interstate Center
This proposal meets the following standards:
1. Architectural character:
a. Facades: The facades that face the public streets incorporates
modulation by virtue of the changes in parapet heights, wall planes, ."-
colors and textures along the entire length of the facades.
b. Primary public entrance: The building is an entertainment destination
facility that will incorporate two major entries, one for the main
entertainment area, the second for the pizza buffet restaurant. Each
entrance is defined by storefront glazing and varying heights from the
main structure.
c. Roof lines: The roof design demonstrates varying parapet heights,
and (2) entrance towers.
d. Pattern variations: The building design incorporates changes in
texture via the use of brick accents, stucco, metal wall panels, spandrel
and clear glazing materials.
e. Mechanical equipment: All rooftop mechanical units shall be screened
from the public as viewed from the property lines via parapets and
mechanical screens.
2. Color and materials: The exterior of the building walls demonstrates the
appearance of high-quality materials such as stucco, brick accents, stainless
wall panels, and awnings.
3. Site Plan and Building Layout
a. The building location is located in a C -G commercial zone West of
Meridian road on Overland. The existing building location is located on
the far North side of the site with parking to the South. The new
addition will be located directly to the South of the existing structure.
b. Parking lots: The building and parking area are partially screened by
landscaping that is located along Overland, and are located to the
South of the proposed addition between Overland and the building.
c. Access: Access is provided by two existing drive aisles off of Overland
Road.
d. Street Layout, Internal Layout: The parking layout is designed to allow
the building to be seen from the parking lot. The parking lot is located
to the South of the building between Overland and the structure. We
have provided a total of 339 parking spaces.
e. Pedestrian walkways: The internal pedestrian walkway is distinguished
from the vehicular driving surfaces through the use of scored/stamped
concrete walkways.
Jeff Likes
BRS Architects
1010 S. Alante, Ste 100
Boise Idaho 83709
Ph: 208.336.8370
Fx: 208.336.8380
CC.
0 Page 2
When recorded, please return to: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 7
Black Mor, LLC BOISE IDAHO 01/31/08 04:43 PM
400 W. Overland Road DEPUTY Bonnie OberbilligII
Meridian, Idaho 83642 RECORDED -REQUEST OF 108011383
Title One
46q 9 (gel �/cam
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
Boondocks Properties, LLC, a Utah limited liability company, successor by merger to Desert
West Properties, LLC (the "Grantor"), whose address is 660 E. Franklin, Suite 270, Meridian,
Idaho 83642, does hereby grant, bargain, sell, and convey unto Black Mor, LLC, an Idaho
limited liability company, whose address is 400 W. Overland Road, Meridian, Idaho 83642
("Grantee"), all of Grantor's right, title and interest in and to that- certain real property located in
Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein (the
"Premises").
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and
Grantee's successors and assigns forever.
Grantor does hereby covenant to and with Grantee, that Grantor is the owner in fee
simple of the Premises; that the Premises are free from all encumbrances created or suffered
by Grantor, except those made, suffered or done by Grantee, and except (a) general taxes and
assessments, including utility assessments for the current year, which are not yet due and
payable, and will be prorated between Grantor and Grantee as of the date of execution of this
deed; (b) any easements, restrictions and conditions of record or shown on the recorded plat, if
any, for the Premises or that may be determined by an inspection of the Premises; (c) building,
zoning and other applicable ordinances and regulations of the County of Ada, State of Idaho;
and (d) the easements, rights of way and other matters listed on Exhibit B attached hereto and
incorporated herein, and that Grantor will warrant and defend the same forever from all other
lawful claims.
[end of text]
SPECIAL. WARRANTY DEED - i
$ACLIENTS%57951341Spe6a1 Warranty Deed GP03.doo
C7)
IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this
3/ day of 2008.
4�7-
GRANTOR:
State of Idaho )
ss.
County of Ada )
Boondocks Properties, LLC, a Utah limited liability
company
By: Select Investment and Management Co., a Utah
Corporation, Manager
By:
Randy L. Fullmer, its President
On this 31 day of .�F��, , in the year of 2008, before me, a Notary Public in and for
said State, personally appeir�ANDY L. FULLMER, known or identified to me to be the
authorized President of SELECT INVESTMENT AND MANAGEMENT CO., a Utah corporation,
which entity is the Manager of BOONDOCKS PROPERTIES, LLC, a Utah limited liability
company, and acknowledged to me that Select Investment and Management Co. executed the
same in the name of Boondocks Properties. LLC.
��IIB.�.•O•NR
coo;'
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IC0°°•4DHO+av.°
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SPECIAL WARRANTY DEED - 2
SACLIENT8157951341Spedal Warranty Dead GP03.doo
No ary P blit for Idaho
Residing at
My Commission expires Cameron MCFaddan
ReWing: Boise, ID
Commission Expires: 10/4/2012
Exhibit A
Legal Description
EXHIBIT "A"
PROPERTY DESCRIPTION
Parcel A:
A portion of Lot 5 In Block 1 of Interstate Center, according to the official plat thereof, filed in Book 74 of Plats at
Pages 7656 and 7657, Official Records of Ada County, Idaho, being a portion of the Southeast Quarter of
Section 13, Township 3 North, Range 1 West, Boise Meridian, in Ada County, Idaho, more particularly described
as follows:
Commencing at Southeast corner of Section 13;
thence North 89°46'23' West 412.04 feet to a point;
thence North 89°46123" West 1896.99 feet to a point;
thence North 00°31'11" East 19.24 feet to a point;
thence North 01°03'11" East 340.85 feet to a point;
thence North 00"I T37" West 229.32 feet to a point;
thence North 00°38'59" East 35.53 feet to a point, said point being the REAL POINT OF BEGINNING;
thence North 00'38'59" East 193.34 feet to a point;
thence North 01"19'50" West 21.81 feet to a point;
thence North 00°31'11" East 272.20 feet to a point;
thence South 89°33'35' East 384.84 feet to a point;
thende South 85°4444" East 189.76 feet to a point;
thence South 00°13'37" West 442.57 feet to a point;
thence North 69°4623" West 201.00 feet to a point of curve;
thence along a curve to the right, said curve having a central angle of 44°24'55", a radius of 20.00 feet, and a
long chord bearing North 67133'55" West 15.12 feet to a point of curve,
thence along a curve to the left, said curve having a central angle of 134°205", a radius of 50.00 feet, and a
long chord bearing South 67°26'05" West 92,19 feet to a point;
thence North 89°4623" West 276.36 feet to the REAL POINT OF BEGINNING.
Parcel S:
A parcel of land being a portion of Lot 4 in Block 1 of Interstate Center, according to the official plat thereof, filed
in Book 74 of Plats at Pages 7656 and 7657, Official Records of Ada County, Idaho, which portion Is all of such
lot lying West of Blue Martin lane, and which is more particularly described as follows:
Commencing at the Northwest corner of said Lot 4, said corner being the REAL POINT OF BEGINNING;
thence South 00°38'59" West 35.53 feet along the Westerly boundary of said lot to a point;
thence South 00"13'37" East 144.47 feet along the Westerly boundary of said lot to a point;
thence South 89°48'23" East 295.48 feet along the Southerly boundary of said lot to a point;
thence North 00013'37" East 131.00 feet along the Westerly boundary of Blue Martin Lane to a point of curve;
thence along a curve to the left, said curve having a central angle of 44°24'55', a radius of 20.00 feet, and a long
chord bearing North 21 °58'51` West 15.12 feet to a point of curve;
thence along a curve to the right, said curve having a central angle of 44024'55", a radius of 50.00 feet, and a
long chord bearing North 21 "58'51" West 37.80 feet to a point of curve;
thence North 89°46'23" West 276.36 feet along the Northerly boundary of said lot to the POINT OF BEGINNING.
SPECIAL WARRANTY DEED — EXHIBIT A
SACLIENTS15795MISpedal Warranty Dead GP03.doe
EXHIBIT "A"
PROPERTY DESCRIPTION
(Continued)
Parcel C:
A parcel of land being part of Lots 4 and 5 in Block 1 of interstate Center, according to the official plat thereof,
flied in Book 74 of Plats at Pages 7656 and 7657, Official Records of Ada County, Idaho, which parcel is more
particularly described as follows;
Commencing at the Southwest corner of said Lot 4;
thence South 8904623' East 295.48 feet to a point lying on the Westerly boundary of a private road easement
for Blue Marlin Lane as shown on said plat, said point being the REAL POINT OF BEGINNING;
thence North 00°1317" East 131.00 feet along said private mad boundary to a point of curve;
thence along a curve to the left, said curve having a central angle of 44°24'55", a radius of 20.00 feet, and a long
chord bearing North 21058"61 1 West 15.12 feet to a point of curve;
thence along a curve to the right, said curve having a central angle of 178°49'50", a radius of 50.00 feet, and a
long chord bearing North 45°13'37" East 99.99 feet to a point;
thence South 44°38'32' West 50.00 feet to a point lying on the centerline of said private road;
thence South 00013'37' West 180.00 feet to a point;
thence North 89046'23" West 30.00 feet to the REAL POINT OF BEGINNING.
Parcel D:
Lot 5 in Block 1 of Interstate Center, according to the official plat thereof, filed In Book 74 of Plats at Pages 7556
and 7657, Official Records of Ada County, Idaho.
Parcel E:
A reciprocal cross access easement created by Section 10 of the Declaration of Covenants, Conditions and
Restrictions for interstate Center, recorded September 23, 1997 as Instrument No. 97078045, Amended by
Instrument Numbers 99014489, 99056409 and 107006039, records of Ada County, Idaho.
Parcel F:
A non-exclusive easement for a monument sign, created by Declaration of Easement recorded June 5, 2006 as
Instrument No. 106089066, records of Ada County, Idaho.
Parcel G:
A non-exclusive easement providing vehicular and pedestrian ingress and egress, created by Declaration of
Easement recorded January 12, 2007 as Instrument No. 107006040, records of Ada County, Idaho.
SPECIAL WARRANTY DEED — EXHIBIT A
SACLIENTM79MASpeaal Warranty Deed GP83.doe
Exhibit B
Exceptions
$CHEOULE 8 • SECTION II ALTA Commitment (6117106)
EXCEPTIONS FROM COVERAGE
Fite Number: A077-1582 $TJCfA Revised: January 3, 2007
Note: The Policy (or Policies) of insurance may contain a clause permitting arbitration of claims at the request of
either the insured or the Company. Upon request, the Company will provide a copy of this clause and the
accompanying arbitration rules prior to the dosing of the transaction.
Any policy we Issue will have the following exceptions unless they are taken care of to our satisfaction:
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c)
water rights, claims to title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public
records,
6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in
taxes or assessments, or notices to such proceedings whether or not shown by the records of such agency, or by the
public records.
Taxes. Including any assessments collected thereMurth, for the year 2007 for which the first Installment is paid and the
second installment is due and payable on or before June 20, 2008.
Parcel Number. 84239770502
Code Area; 03
Original Amount: $31,867.72
(As to Parcel A)
Parcel Number: 84239770402
Code Area: 03
Original Amount: $3,006.90
(As to Parcel B)
Parcel Number: 84239770404
Code Area: 03
Original Amount: $340.52
lAs to Parcel C)
SPECIAL WARRANTY DEED — EXHIBIT B
31CLIENT8L5785%34%Speaa1 Warranty Deed GPO3.doo
SCHEDULE B • SECTION 1€ ALTA Gornmitinerit (6117146)
EXCEPTIONS FROM COVERAGE.
(Continued)
File Number: A0771582 STICM Revised: January 3, 2047
Paroal Number: R4239770600
Code Area: 03
Original Amount: $10.14
(As to Parcel D)
8. Taxes, including any assessments collected therewith, for the year 2008 which are a lien not yet due and payable.
(As to Parcels A, B, C and D)
9. The land described herein is located within the boundaries of City of Meridian (208-888-4433) and is subject to any
assessments levied thereby.
(Affects all Parcels)
10. The land described herein is located within the boundaries of Nampa -Meridian Irrigation District (208466-7861) and Is
subject to any assessments levied thereby.
(Affects All Parcels)
11. An easement for the purpose shown below and rights Incidental thereto as set forth In a Warranty Deed.
Purpose: Right to run water in the two main ditches crossing subject property
Recorded: November 9, 1912
instrument No.: 45392
Book 99 of Deeds, at Page 88
(Affects All Parcels)
The exact location and extent of said easement is not disclosed of record.
12. Conditions, restrictions, and access rights contained in a Judgment on Declaration of Taking in favor of the State of
Idaho.
Recorded: November 27, 1%3
Instrument No.: 670841
Book 48 of Miscellaneous Records at Page 644 thru 669
(Affects Parcel 0)
13. Terms, provisions, conditions, and, restrictions contained In License Agreement by and between Nampa & Meridian
rrrigation Disfrictand Winston H. Moore, an Individual.
Recorded: November 22,1996
instrument No: 96096593
(Affects All Parcels)
14. Terms, provisions, conditions, end, restrictions contained In Development Agreement by and between City of Meridian,
a municipal corporation of the State of Idaho and Winston H. Moore and Diane L. Moore, husband and wife,
Recorded: June 5, 1997
Instrument No: 97044085
(Affects All Parcels)
SPECIAL WARRANTY DEED — EXHIBIT B
SAC LIE NTM795VIASpeaal Warranty0aed GP03.doc
SCHEDULE B • SECTION 11 ALTA Commitment (07106)
EXCEPTIONS FROM COVERAGE
(Continued)
Fife Number:. A0771582 ST1CM Revised: January 3, 2007
13. Easements, reservations, rastrictions, and dedications as shown on the official plat of interstate Center.
(Affects All Parcels)
partial Release of Easement
Executed by: Idaho Power Company
Recorded; April 13,1999
Instrument No.: 09035861
Relinquishment of Easement
Executed by: TCI Cablevision
Recorded: May 26, 1999
Instrument No.: 99053032
Relinquishment of Easement
Executed by: intermountain Gas Company
Recorded: May 26, 190
Instrument No.: 99053033
Relinquishment of Easement
Executed by: U.S, West
Recorded: May 26, 1990
Instrument No.: 99053034
Order Granting City Approval of Request for Vacation of Reciprocal Ingress/Egress and Utility Easement Situated in a
Portion of !,Vest King Salmon Lane
Recorded: May 27,1999
Instrument No.: 99053461
Covenants, Conditions, and Restrictions, and, Easements but omitfing any covenant or restriction based on race, color,
religion, sex, trandicap, familial status, or national origin, unless and only to the extent that said covenant (a) is exempt
under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against
handicapped persons as set forth in the document.
Recorded: September 23, 1997
Instrument No.: 97078045
Amendments, Supplements, or Modifications of said Covenants, Conditions, and Restrictions:
Recorded: February 12,1999
Instrument No.: 99014489
Amendments, Supplements, of Modifications of said Covenants, Conditions, and Restrictions:
Recorded: June 3, 1%9
Instrument No.: 99056409
SPECIAL WARRANTY DEED — EXHIBIT B
SACLIENM5795L34 Racial Warranty Deed GP03.doc
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
I, ��L� Mo�0.f�sit �[X� W • �1T�n,�0.x�
(name) (address)
RJLi t .l Q,2 -t&o—ko
(city) (state)
being first duly sworn upon, oath, depose and say:
That I am the record owner of the property described on the attached, and I grant my
permission to:
16\0-c:K- Mots LLC, q60 w • 0yfJ00.-0,
(name) (address)
to submit the accompanying application(s) pertaining to that property.
2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless
from any claim or liability resulting from any dispute as to the statements contained
herein or as to the ownership of the property which is the subject of the application.
I hereby grant permission to City of Meridian staff to enter the subject property for the
purpose of site inspections related to processing said application(s).
Dated this (o day of IN "V , 20 0 fl
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
c. Ddjt..t (v, L
(Notary Public Idaho)
KIMBERLY � pALa'1'MPLE
Sta t Idaho Residing at: Bl- jsp-'TAa,'t�
My Commission Expires:
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(Rev. 4/03/09)
ER,IDIAN---w-.-
-- IDAHO
FORM PW100
DATE: 6/ 15/09
Mayor Tammy de Weerd
City Council Members:
Keith Bird
Joe Borton
Charles Rountree
David Zaremba
The following property has been researched by The City of Meridian Public Works
Department.
Project Name: Wahooz Fun Center
Address: 1385 S. Blue Marlin Ln.
Suite #:
Zip Code: 83642
Lot/ Block Subdivision: 5/1 Interstate Center
1) The address has been assigned based on available information.
This address should be considered temporary (Development
process has not been completed, so the address may change)
2) This address will be required to connect to municipal services.
Water and Sewer mains are available for connection to the
Municipal System.
This property does not currently have services available.
(Development process has not been completed)
3) —X—This is an existing structure that is connected to municipal services.
EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT
ADDRESS AND SUITE NUMBER (IF APPLICABLE).
Terri Ricks
Development Services
tricks@meridiancity.org
Development Services . 33 E Broadway, Suite 102, Meridian, ID 83642
Phone 208-887-2211. Fax 208-887-1297 . www.meridiancity.org
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LICENSE AGREEMENT
between
NAMPA & MERIDIAN IRRIGATION DISTRICT
and
WINSTON H. MOORE
19 November 1996
Instrument #96096593
0 U .3 O J J v
CG
.,
BLASE ID
NAMPA & MERIDIAN IR
ftiGATION DISTRICT
196 �d(l�U /2;2f� `3 25
FEE _/ � ✓-` __
LICENSE AGREEMENT
ICENSE AGREEMENT, made and entered into this A — day
of 962 1996, by and between NAMPA & MERIDIAN IRRIGATION
DIS RIOT, an irrigation district organized and existing under and
by virtue of the laws of the State of Idaho, party of the first
part, hereinafter referred to as the "District", and
WINSTON H. MOORE, an individual,
P.O. Box 8204, Boise, Idaho 83707
party or parties of the second part, hereinafter referred to as the
"Licensee!',
W I T N E S S E T H:
WHEREAS, the Licensee is the owner of the real property
(burdened with the easement of the District hereinafter mentioned)
particularly described in the "Legal Description" attached hereto
as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the District is the owner of the irrigation
ditch or canal known as KENNEDY LATERAL (hereinafter referred to as
"ditch or canal"), an integral part of the irrigation works and
system of the District, together with an easement therefor which
includes easements to convey irrigation water, to operate and
maintain the ditch or canal, and for ingress and egress for those
purposes, and which ditch or canal and said easements therefor
cross and intersect said described real property of the Licensee as
shown on Exhibit B attached hereto and by this reference made a
part hereof; and,
WHEREAS, the Licensee desires a license to engage in
construction or activity affecting said ditch or canal or the
District's easement in its course across the lands of the Licensee
in the manner and under the terms and conditions hereinafter set
forth; and,
WHEREAS, it is necessary that the District protect
absolutely its right to control any modification or alteration of
its watercourses and its right of way along its watercourses;
LICENSE AGREEMENT - Page 1
NOW, THEREFORE, for and in consideration of the premises
and of the covenants, agreements and conditions hereinafter set
forth, the parties agree as follows:
1. The Licensee shall have the right to modify the said
ditch or canal or encroach upon the District's easement along said
ditch or canal in the manner generally described in the "Purpose of
License" attached hereto as Exhibit C and by this reference made a
part hereof.
Any modification of said ditch or canal by the Licensee
or encroachment upon the District's easement along said ditch or
canal shall be performed in accordance with the "Special
Conditions" stated in Exhibit D, attached hereto and by this
reference made a part hereof.
2. This agreement pertains only to the Licensee's
modification of said ditch or canal or encroachment to the
District's easement for the purposes and in the manner described
herein. The Licensee shall not change the location of the ditch or
canal, bury the ditch or canal in pipe on the Licensee's property,
or otherwise alter the ditch or canal in any manner not described
in this agreement without first obtaining the written permission of
the District.
3. Each facility ("facility" as used in this agreement
means any object or thing of any nature installed in or on the
District's easement by the Licensee) shall be constructed,
installed, operated, and maintained at all times by the Licensee
and at the cost and expense of the Licensee.
4. The Licensee agrees to construct, install, operate,
and maintain each facility in a safe manner and condition so that
it will not constitute or cause a hazard to any person or property.
The Licensee agrees to indemnify, hold harmless, and defend the
District from all claims for damages arising out of any hazard or
unsafe condition in or arising from the construction, installation,
operation, and maintenance of such facility.
5. The Licensee agrees to construct, install, operate,
and maintain each facility at such times and in such seasons and in
a manner that will not interrupt or interfere with the flow of
irrigation water in said ditch or canal or the delivery of
irrigation water by the District. The Licensee agrees to
indemnify, hold harmless, and defend the District from all claims
for da,Tages arising out of any impairment of the flow or delivery
of irrigation water in said ditch or canal which may be caused by
the construction, installation, operation, or maintenance, and any
use or condition of any facility.
LICENSE AGREEMENT - Page 2
6. The Licensee agrees to construct, install, operate,
and maintain each facility in a manner that will not cause an
increase in seepage or any other increase in the loss of water from
the ditch or canal, the subsidence of soil within the easement, or
any other damage to the easement and irrigation works. The
Licensee agrees to indemnify, hold harmless, and defend the
District from all claims for damages arising out of any increase in
seepage or other water loss from the ditch or canal, subsidence of
soil in the easement, or any other damage to the easement and
irrigation works which may be caused by the construction,
installation, operation, and maintenance, and any use or condition
of any facility.
7. Any alteration of the District's easement by the
Licensee, and any alteration of property adjoining the District's
easement by the Licensee, including, but not limited to, the
excavation of soil, shall be performed and maintained in a manner
that will not cause an increase in seepage or any other increase in
the loss of water from the ditch or canal, the subsidence of soil
within the easement, or any other damage to the easement and
irrigation works. The Licensee shall provide the District
reasonable prior notice of any such alteration not identified in
this agreement. The Licensee agrees to indemnify, hold harmless,
and defend the District from all claims for damages arising out of
any increase in seepage or other water loss from the ditch or
canal, subsidence of soil in the easement, or any other damage to
the easement and irrigation works which may be caused by the
performance and maintenance, and any use or condition, of any
alteration of the easement by the Licensee, and any alteration of
property adjoining the easement by the Licensee.
8. The District reserves the right, at the District's
option, to remove any facility installed by the Licensee and to
repair any alteration by the Licensee of said ditch or canal and
the easement therefor which does not comply with the terms of this
agreement, and to remove any impediment to the flow of water in
said ditch or canal and any unsafe condition or hazard caused by
the Licensee, at any time, and the Licensee agrees to pay to the
District, on demand, the costs which shall be reasonably expended
by the District for such purposes. if the Licensee shall fail in
any respect to properly maintain and repair such facility, then the
District, at its option, and without impairing or in anywise
affecting its other rights and remedies hereunder, shall have the
right; to perform the necessary maintenance and repairs and the
Licensee agrees to pay to the District, on demand, the cost or
expense which shall be reasonably expended or incurred by the
District for such purposes. The District shall give reasonable
notice to the Licensee prior to the District's performing such
maintenance, repair or other work except that in cases of emergency
the District shall attempt to give such notice as reasonable under
the circumstances. Nothing in this paragraph shall create or
LICENSE AGREEMENT - Page 3
support any claim of any kind by Licensee or any third party
against the District for failure to exercise the options stated in
this paragraph, and Licensee shall indemnify, hold harmless and
defend the District from any claims made against the District
arising out of or relating to the terms of this paragraph except
for claims arising solely out of the negligence or fault of the
District.
9. The Licensee agrees that the work performed and the
materials used in installation of such facilities shall at all
times be subject to inspection by the District and by the engineers
for the District, and that final acceptance of the construction
work shall not be made until all such work and materials shall have
been expressly approved by the District. Such approval by the
District shall not be unreasonably withheld.
10. The Licensee agrees that the District shall not be
liable for any damages which shall occur to any facility,
structure, plant, or any other improvement of any kind or nature
whatsoever which the Licensee shall install on the said easement
area of the District in the reasonable exercise of the rights of
the District in the course of performance of maintenance or repair
of said ditch or canal. The Licensee further agrees to suspend its
use of the said easement area when the use of the easement area is
required by the District for maintenance or repair under this or
any other paragraph of this agreement.
11. The Licensee understands and agrees that Licensee
has no right to drain or waste into said ditch or canal more
surface or ground water than drains or wastes from said property in
its present state or condition (predevelopment flow). The Licensee
expressly agrees that it shall not cause, suffer or permit any such
additional surface or ground water to drain or waste into said
facilities of the District unless the Licensee shall have (1)
obtained all necessary rights of way or easements for the draining
or wasting of such additional water and (2) created the necessary
additional carrying capacity in the ditches, pipelines or other
facilities through which such additional water is to be carried and
(3) complied with all statutes, regulations, ordinances, and other
laws regarding the discharge of drainage or waste water into
surface streams, whether natural or artificial, and into aquifers
or other bodies of ground water and (4) removed all pollutants,
contaminants, debris and other foreign material which in any manner
have been placed in or mixed with such additional water while on
the said property of the Licensee, and in the event of any dispute
as to the source of such pollutants, contaminants, debris or other
foreign material, the burden shall be upon the Licensee to show
that the pollutants, contaminants, debris or foreign material does
not come from the Licensee's said property. The Licensee expressly
agrees that the District shall be entitled to enforce compliance
with the provisions of this paragraph by injunction and that
LICENSE AGREEMENT - Page 4
violation of the provisions of this paragraph shall be sufficient
cause for issuance of a preliminary or permanent injunction. The
right to such injunctive relief, and any other remedies set forth
herein, shall be cumulative of any other remedies available to the
District under the laws of the state of Idaho. If the Licensee
shall cause, suffer or permit any such additional water to drain or
waste into said ditch or canal or into any other facility of the
District without having complied with the requirements of this
paragraph, the District shall have the right to stop such
additional water from draining or wasting into said ditch or canal
or any other facility of the District, and the Licensee agrees to
reimburse the District on demand for the costs and expenses
expended or incurred by the District in stopping such drainage or
wasting.
12. Neither the terms of this agreement, the permission
granted by the District to the Licensee, the Licensee's activity
which is the subject of this agreement, nor the performance of the
terms of this agreement, shall be construed or or other ed to extend
thstate,e application of any federal,
regulation, directive or other requirement, or the jurisdiction of
any federal, state, or other agency or official to the District's
ownership, operation, and maintenance of its ditches, canals,
drains, irrigation works and facilitiesapply
to the
District's operations and activities prior to and without
ion
of this agreement. In the event the District is required to comply
with any such requirements or is subject to the jurisdiction
no f the
such agency as a result of execution of this agreement
Licensee's activity authorized hereunder, Licensee shall indemnify,
hold harmless and defend the District from all costs and
liabilities associated with the application of such laws or the
assethisragreement ujurisdiction
shall beofno fore and effection of the District
13. Should either party incur costs or attorney fees in
connection with efforts to enforce the provisions of this
agreement, whether by institution of suit or
not, the
opathe
e
the enforcing or rightfully resisting case suit
provisions of this agreement, or the prevailing part me y
is instituted, shall be entitled to reimbursement for its costs and
reasonable attorney fees from the other party.
14. The parties hereto understand and agree that the
District has no right in any respect to impair the uses and
purposes of the irrigation works and
s systems fitheirrigation District by this
agreement, nor to grant any rig
and
system incompatible with the uses to which such irrigation works
and system are devoted and dedicated and that this contract shall
be at all times construed according to such principles.
LICENSE AGREEMENT - Page 5
15. Nothing herein contained shall be construed to
impair the easement and right of way of the District in the said
ditch or canal and all- uses of said ditch or canal by the Licensee
and the license herein provided therefor shall remain inferior and
subservient to the rights of the District to the use of said ditch
or canal for the transmission and delivery of irrigation water.
16, in the event of the failure, refusal or neglect of
the Licensee to comply with all of the terms and conditions of this
agreement, the license of the Licensee under the terms hereof may
be terminated by the District, and any facility, structure, plant,
or any other improvement in or over said ditch or canal, and the
right of way therefor, which may impede or restrict the maintenance
and operation of such ditch or canal by the District with its
equipment for the maintenance of its said ditch or canal may be
removed by the District.
17. The Licensee agrees to pay attorney fees or
engineering fees charged by the attorney for the District or by the
engineers for the District in connection with the preparation of
this License Agreement or in connection with negotiations covering
the terms and conditions of this License Agreement.
18. Nothing in this agreement shall create or support a
claim of estoppel, waiver, prescription or adverse possession by
the Licensee or any third party against District.
19. The word "Licensee", if used in the neuter in this
agreement, includes the masculine and feminine genders, the
singular number includes the plural, and the plural number includes
the singular.
The covenants, conditions and agreements herein contained
shall constitute covenants to run with, and running With, all of
the lands of the Licensee described in said Exhibit A, and shall be
binding on each of the parties hereto and on all parties and all
persons claiming under them or either of them, and the advantages
hereof shall' inureto the benefit of each of the parties hereto and
their respective successors and assigns.
NAMPA & MERIDIAN
IRRIIGATION DISTRICT
By
' Its President
Vc ,
ATTEST,;
KD
its Secretary
LT,Gt.M$PNAGREEMENT - Page 6
WINSTON H. MOORE,
an individual,
County of Canyon
On this /* day of , 1996, before me, the
undersign , a Nota�ryy� Vublic in and fob sa to e personally
appeared! //A o/I%/!oR/r44/and
known to me to be the President and Secretary, respectively, of
NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such
irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the c'and year in this
certificate first above
written. '`et,A PI. A40
�.°o LOU/1
,,ytQ�U°oe9°aoOP° i ' n
e qo°�OTA R� a���4otary Public for Idaho
o a
r,aiding at Nampa, Idaho
e^ ;Y Commission Expires: 1/ D ZODO
STATE OF IDAHA0u�°eAth11L1�'°°'p e;
oiey °Ol°aoo
County of Ada '4 bF I9e�ep
alAIIIIt199��
On this t5! day of /L�d �1CILl 1996, before me, the
undersigned, a Notary Public in and for said State, personally
ho
executed the eared sforegoing TON H. Oinstru instrument and acknowledged RE, known to me to be the ltoymedthatual whe
executed the same.
IN WITNESS I RREOF, I have hereunto set my hand and affixed my
official seqJ'..tR 0 � and year in this certificate first above
written. 0qm0000°o°em0��°+o°
a o �
lyOTA a Notary Public for Ida
Residing at Idaho
0 1'UBL1G a My Commission Expires: /a �a abGgt�
oo° 5yQ po���
oFI�Qo°°`0 EXHIBIT C
'alaaeaaanaa9p°`
LICENSE AGREEMENT - Page 7
DESCRIPTION OF
INTERSTATE CENTER
October 11, 1996
A portion of the SE 1/4 of Section 13, Township 3 North, Range 1 West of the Boise
Meridian, Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at a found brass cap at the southeast corner of Section 13, T.3N., RAW.,
B.M., thence N 89046'23" W 412.04 feet along the south line of said Section 13 to the
southwest corner of Mr. Sandman Subdivision No. 2; thence N 01 002'27" E 45.00 feet to
the southwest corner of Lot 6, Block 1, Mr, Sandman Subdivision No. 2, the Initial Point
of this subdivision;
Thence S 01 002'27" W 45.00 feet to a point on said section line;
Thence N 89°46'23" W 1696.99 feet along said section line to a point;
Thence N 00°31'11" E 19.24 feet to a point;
Thence N 01 °03'11" E 340.95 feet to a point;
Thence N 00013'37" W 229.32 feet to a point;
Thence N 00038'59" E 228.87 feet to a point;
Thence N 01°19'50" W 21.81 feet to a point;
Thence N 00°31'11" E 292.20 feet to a point on the southerly right-of-way of Interstate 84;
Thence S 89°33'35" E 385.48 feet along said right-of-way to a point;
Thence S 85044'44" E 459.84 feet along said right of way to a point;
Thence S 46046'12" E 34.20 feet to a point;
Thence S 67°45'31" E 350.76 feet to a point;
Thence S 60010'33" E 194.73 feet to a point;
Thence N 45033'43" E 17.75 feet to a point on the southerly right of way of Interstate 84;
Thence S 46028'17" E 134.62 feet along said right of way to a point of curvature;
950615\legal.des
EXHIBIT A
Thence along said right-of-way to a curve to the left 256.12 feet, said curve having a radius
of 431.97 feet, a central angle of 33°58'15", tangents of 131.95 feet and a chord of 252.38
feet which bears S 63627'24" E to the northwest corner of Mr. Sandman Subdivision;
Thence S 01'02'27" W 610.94 feet to the Initial Point of this subdivision.
Said parcel contains 39.08 acres, more or less,
Michael E. Marks, No. 4998
950615\legai.des
EXHIBIT
PROPOSED INTERSTATE CENT
zz
L L�
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now
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nvm eK� W. OVERLAND ROAD +M7
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24 19
CURVE DELTA RADIUS ARC CHORD TANGENT CHORD 9RG
1 891721111 30.00 46.79 42.19 29.67 N 45'05' 18' W
SCALE 1" — 200'
BRIGGS ENGINEERING, INC. KENNEDY LATERAL REALIGNMENT REVISION
S. (RCHARD, SUI9700
TE
� STA. 82+08.7 TO STA. 90+20.6
BASE. IDAHO 85705AT PROPOSED INTERSTATE CENTER SHEET
LOCATED IN THE SE 1/4, SECTION 13, T3N R1 W 1 OF 1
DESIGN DRAFT SCALE, JO8.N0, DWG.NO.
MM MM 1=200 10/29/96 ,NT�
EXHIBIT B
Bx--H Y T Q
Purpose of License
The purpose of this License Agreement is to permit Licensee
to:
1, relocate a portion of the Kennedy Lateral,
2, pipe a portion of the Kennedy Lateral after relocation,
3, cross under the Kennedy Lateral with water and sewer
lines after relocation,
4, cross under the Kennedy Lateral with lines for
Intermountain Gas, U.S. West, and Idaho Power Company after
relocation,
5, encroach 5' into the District's easement for the Kennedy
Lateral, after relocation, with a parking lot and/or a building
after relocation, and
6. cross over the Kennedy Lateral with two private drives
after relocation,
all in or near Interstate Center Subdivision, located west of the
intersection of Overland Road and South Meridian Road (Highway 69)
in Meridian, Ada County, Idaho.
EXHIBIT D
Specal Cond'tions
a, Construction shall be in accordance with certain plans
consisting of four sheets: sheet 1 of 2 entitled "Plat of
Interstate Center, A Subdivision," dated October 30, 1996; sheet 1
of 2, GIRR-1, entitled "Interstate Kennedy Lateral,
Irrigation Plan - Profile, bearing engineers stamp
datOctober
23, 1996; sheet 2 of 2, GIRR-2, entitled "Interstate Center,
Irrigation Detail Sheet," bearing engineers stamp dated October 23,
1996; and sheet 3 of 13, WS -2, entitled "Interstate Center,
Overland Road Water Line and Sewer Plan - Profile," bearing
engineers stamp dated September 11, 1996. These plans have been
delivered to the District's water superintendent, are in his
possession in his offices, and are hereby incorporaed by this
t
reference.
b. The Licensee shall perform all work and pay all costs
associated with the relocation of the Kennedy Lateral The
the
District shall perform all work associated rhe tith he pipins of g
pipe
Kennedy Lateral and the Licensee shall pay i e of the Kennedy
for all materials associated with the piping
Lateral. Supplementing paragraph 3 of this agreement, the District
shall be responsible for operation and maintenance of the pipe
LICENSE AGREEMENT - Page 8
identified in Exhibit C.
C. Licensee shall convey to the District an easement for
Kennedthat terms sectiond bLicensee under the
this agreementandanaease easement of acccess for the District
necessitated by construction under this agreement. The dimensions
of the District to relocation) 40r feet, the e20efeetaon eitheteral r lsidetof
same as prior are of
ial
centerline. Execution and deliveryagreement ntuand easements
mnots executed rand
and essential terms of this ag reement may be
tdelivered, at the erminated and be ofpno force tion of Land effeche t. this ag
d, supplementing paragraph 9 of this agreement, within one
week after construction and installation of the new ditch for the
Kennedy Lateral is completed, the Licensee shall provide the
District written noticettheby the Licensee aritch and e ready ated fforlfinal
installed and work performed inspection and approval by the District. Within one month after
tten notification from the Licensee, the District
receiving such wri
shall perform an inspection and, if the ditch and related
facilities have been constructed and installed and all work
the
been performed in compliance with the terms of this ag
District shall provide written notice to the m such einspectionof l
approval. If the District's engineers
any reasonable charge
Licensee shall pay the District's s engineers
in connection therewith.
e. The Licensee shall not fill, alter, or perform any work
affecting the Kennedy Lateral or the District's easement for the
Kennedy Lateral, and the Kennedy Lateral shal District remain Por alen a
serviceable for use and maintenance by
irrigation purposes until and unless the Licensee roval received
the
written notice from the District of final app Kennedy
construction and installationa h c of e above. new Afterch r e theLicensee
Lateral as provided in paragraph
agra P
receivestice of
andasubmiss on ofprovalr om a legal description a outthe
requestby
District, the District shall relinquish its easement along Kennedy
Lateral where it has been replaced by relocation of Kennedy
Lateral.
f. Supplementing paragraph 10 of this agreement, the
Licensee agrees that the District shall not be liable for any
damages which shall occur to the facilities identified inxxh Exhibit
C and in the construction plans referenced in Exhibit D, paragraph
he
a, in the reasonable rformancexofcmaint maintenance ise of the or trepairs of hof ssaid ditchtrict in or
course of p
canal, and specifically in the course of maintenance, repair, or
eemehe
replacement of the pipe to be installed
its
replacementerofhis the saideasement
Licensee further agrees to suspend
LICENSE AGREEMENT - Page 9
area when the use of the easement area is required by the District
for maintenance, repair, or replacement of the vate , including, but
not limited to, suspension of use of the p
g. Licensee shall place no structures or landscaping of any
t as
kind above ground °rethe District's �asement rea ement or exhibits the eto without ethe pprior
referred to in this agreementover
written consent of the District. Licensee shall not berm al after it is relocated.
1l plants
portion of the Kennedy Laterdos not
shall be planted so that the drip °orti plants on of the Kennedy
extend over any portion of the piped p
Lateral.
h. Construction shall be completed not later than March 15,
1997. Time is of the essence.
LICENSE AGREEMENT - Page 10
RELINQUISHMENT OF EASEMENT
between
WINSTON H. MOORE
and
NAMPA & MERIDIAN IRRIGATION DISTRICT
19 November 1996
Instrument #96096594
96096594
A.
BME ID
MV �}2
Mg,15N' IRR1GATJON DISTRIO'
96 NOV fl
FEE _ _ G'
RECOF,OEu T. RE' u ENT OF EASEMENT
THIS RELINQUISHMENT OF EASEMENT is given in connection
with
and, pursuant to that certain License Agreement dated the day
of 1996, between WINSTON H. MOORE, an individual, and
Nampa & Meridian Irrigation District, an irrigation district
organized under the laws of the state of Idaho (District), and is
granted in accordance with the terms and conditions of said License
Agreement.
WHEREAS, the District held an easement across the property of
Winston H. Moore for the Kennedy Lateral as part of its irrigation
system, and
WHEREAS, the parties have entered into the License Agreement
referred to above involving in part relocation of Kennedy Lateral
and Winston H. Moore has conveyed to the District an easement for
the relocated
./(section of Kennedy Lateral by a certain Easement
dated the /N. = day of 1996.
NOW, THEREFORE, NAMPA & MERIDIAN IRRIGATION DISTRICT hereby
releases and forever quitclaims unto WINSTON H. MOORE, an
individual, and to his heirs, successors and assigns all right,
title, estate and interest in and to that section of Kennedy
Lateral described in Exhibit A attached hereto and made a part
hereof.
RELINQUISHMENT OF EASEMENT 1
PROVIDED, HOWEVER, this Relinquishment of Easement shall be of
no force and effect if said Easement from Winston H. Moore to
District shall fail to create a good and valid irrigation easement
in the manner stated in said Easement along the described right of
way. in that event, the said Easement and said License Agreement
as well as this Relinquishment of Easement shall be of no force and
effect and District shall have and retain all its easement rights
along Kennedy Lateral in the manner District held them prior to
relocation of Kennedy Lateral by Winston H. Moore and prior to
execution of said License Agreement, Easement and Relinquishment of
Easement.
IN WITNESS WHEREOF, the District has executed this
Relinquishment of Easement this 4a day of
1996.
NAMPA & MERIDIAN IRRIGATION DISTRICT
By Its President
ATT-E�T 1� E /
-- Its Secretary
RELINQUISHMENT OF EASEMENT 9
STATE OF IDAHO
) ss:
County of Canyon
/�y� )
On this day of 171 " 1996, before me, the
undersign , a N t ry Pu lic in and for said S personally
appeared and ��
known to me to be the President and Secretary, respectively, of
NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such
irrigation district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
written. ,o opce10e111pfe�0j°.
e
aeoe��'LBe�aooeeee Q6+Pa
e� ty0 4.Q09.$
N� oe 1',g LI iieeceo
OF SPp p�,•,9e�
RELINQUISHMENT OF EASEMENT 3
1f)4e ,,t Z7, // /pfii
Notary Public for Idaho
Residing at Nampa, Idaho
My Commission Expires: / Z�QO
I
EASEMENT
between
WINSTON H. MOORE
and
NAMPA & MERIDIAN IRRIGATION DISTRICT
4
19 November 1996
Instrument #96096595
b006595
AD
z G 0RDE
T"Wi) O
BO(SE i-
NAMPA & MERIDIAN IRRIGATION DISTRICT,
`H NOU 22 flM 1 25
iEE��cCF'_y�
REG OR 0 E 1:i -i H- iiEOUEST OF
EASEMENT
THIS EASEMENT, given in connection with and pursuant ,to that
�
certain License Agreement dated the � 99 day of &�, 1996
between WINSTON H. MOORE, an individual, and Nampa & Meridian
Irrigation District, an irrigation district organized under the
laws of the state of Idaho, is granted in accordance with the terms
and conditions of said License Agreement.
WINSTON H. MOORE, an individual, hereby grants an easement to
NAMPA & MERIDIAN IRRIGATION DISTRICT for right of way along Kennedy
Lateral as described in Exhibit B attached hereto and made a part
hereof.
This easement is granted for all proper irrigation district
purposes and is granted to Nampa & Meridian Irrigation District,
its successors and assigns, as a perpetual easement and is and
shall be appurtenant to and inseparable from the real property
owned by Winston H. Moore described in Exhibit A attached hereto
and made a part hereof.
This easement is intended to replace a section of the former
easement of Nampa & Meridian Irrigation District with an easement
along Kennedy Lateral after relocation of Kennedy Lateral by
Winston H. Moore.
EASEMENT - 1
IN WITNESS WHEREOF, Winston H. Moore, an individual, has
executed this easement this IS- day of i��b 1996.
ATTEST:
WINSTON H. MOORE,
an individual,
SITE OF IDAHO )
ss:
County of Ada )
On this L!7� �Aday of )J006"- e: L' 1996, before me, the
undersigned, a Notary Public in and for said State, personally
appeared WINSTON H. MOORE known to me to be the individual who
executed the foregoing instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal, the day and year in this certificate first above
written.
°°ocgqe A A40 0%
qo0° Q` °oo 000pe 0 9edp
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°
0 0
AUB0
e °
of
EASEMENT - 2
Notary Public for Ida
Residing at , Idaho
My Commission Expires:,
DESCRIPTION OF
INTERSTATE CENTER
October 11, 1996
A portion of the SE 1/4 of Section 13, Township 3 North, Range 1 West of the Boise
Meridian, Meridian, Ada County, Idaho, being more particularly described as follows:
Commencing at a found brass cap at the southeast corner of Section 13, T.3N., RAW.,
B.M., thence N 89046'23" W 412.04 feet along the south line of said Section 13 to the
southwest corner of Mr. Sandman Subdivision No. 2; thence N 01 °02'27" E 45.00 feet to
the southwest corner of Lot 6, Block 1, Mr. Sandman Subdivision No. 2, the Initial Point
of this subdivision;
Thence S 01°02'27" W 45.00 feet to a point on said section line;
Thence N 89°46'23" W 1696.99 feet along said section line to a point;
Thence N 00°31'11" E 19.24 feet to a point;
Thence N 01°03'11"
E 340.95 feet to a point;
Thence N 00°13'37"
W 229.32 feet to a point;
Thence N 00°38'59"
E 228.87 feet to a point;
Thence N 01°19'50"
W 21.81 feet to a point;
Thence N 00°31'11"
E 292.20 feet to a point on the southerly right-of-way of Interstate 84;
Thence S 89°33'35"
E 385.48 feet along said right-of-way to a point;
Thence S 85°44'44"
E 459.84 feet along said right of way to a point;
Thence S 46°46'12"
E 34.20 feet to a point;
Thence S 67°45'31"
E 350.76 feet to a point;
Thence S 60010'33"
E 194.73 feet to a point;
Thence N 45°33'43"
E 17.75 feet to a point on the southerly right of way of Interstate 84;
Thence S 46028'17"
E 134.62 feet along said right of way to a point of curvature;
950615Uegal.des
EXHIBIT A
t t:
Thence along said right-of-way to a curve to the left 256.12 feet, said curve having a radius
of 431.97 feet, a central angle of 33058'15", tangents of 131.95 feet and a chord of 252.38
feet which bears S 63°27'24" E to the northwest corner of Mr. Sandman Subdivision;
Thence S 01°02'27" W 610.94 feet to the Initial Point of this subdivision.
Said parcel contains 39.08 acres, more or less,
Michael E. Marks, No. 4998
950615\legal.des
KENNEDY LATERAL RE -ALIGNMENT
STA. 82+08,7 TO 90+00.6
October 30, 1996
An easement being 20.0 feet on each side of the following centerline in the SE 1/4 of
Section 13, Township 3 North, Range 1 West of the Boise Meridian, Meridian, Ada County,
Idaho, being more particularly described as follows:
Commencing at the corner common to Sections 13 and 24, T.3N., RAW., and Sections
18 and 19, T. 3N., R. 1E., thence N 89°46'23" W (formerly N 89047.3' W) 1,313.5 feet
along the south line of said Section 13 to a point on the centerline of the Kennedy Lateral
(Sta. 82+00.6), thence N 0°24'12" E 8.10 feet to the BEGINNING POINT of the re-
alignment of this centerline (Sta. 82+08.7);
Thence N 0024'12" E 27.24 feet to a point of curvature (Sta. 82+35.9 BK);
Thence northwesterly on the are of a circle 30.00 feet in radius curving to the left an arc
distance of 46.79 feet, the chord of said arc running N 45005'18" W, 42.19 feet to a point
of tangency (Sta. 82+82.7 BK);
Thence N 89°46'23" W 744.38 feet to an angle point (Sta. 90+27.1 BK);
Thence S 1'03'11" W 27.73 feet to a point on the existing centerline of the Kennedy Lateral
(Sta. 90+54.8 BK = Sta. 90+00.6 AH), the END POINT of this re -alignment.
Michael E. Marks, No. 4998
950615\kennedy.des
EXHIBIT B
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