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The Vineyards #1 FP• HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208)888-4433 FAX (208) 867-48i 3 GRANT P. KINGSFORD Mayor April 22, 1992 Max Boesiger, Inc. 6479 Glenwood Boise, Idaho 83703 COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MAX VERRINGTON ROBERT D. CORRIE Chairman Zoning 6 Planning JIM JOHNSON This letter is to advise that at the regular Meridian City Council Meeting heldoved the Fina19P1athonMPhasea# llof Council Members app the Vineyards Subdivision. Sincerely, ID. OFFICIALS JACK NIEMANN, City Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. W AVNE G. CROOKSTON, JR.. Attorney EARL WARD, Waste Walar Supt. KENNY BOWERS. Fire Chief BILL GORDON. Pol Ice Chiet GARY SMITN, City Engineer o MERIDIAN CITY COUNCIL APRIL 21, 1992. PAGE Alid~ani: Certainly I will talk to my tenants and give them some kind of ultimatum, either he's got to clean up or he can leave. The Motion was made by Yerrington to approve this rate increase ar.d also increase the take of the City from S% to 6X with the agreement of Moe. Kingsford: You agree with that Mee' Alidjani: I didn't know anything about it until right now. Yerrington: We talked about it but it wasn't part of my proposal, but that's fine. There was another item that we discussed and that is the Senior Citizen rate. My feeling is instead of having a Senior Citizen rate for age, have it for hardship cases only. This is just an idea. Kingsford: I'd suggest that maybe we take a look at that for the next time Max, but it's inappropriate for us to deal on that tonight. Tolsma seconded the motion made by Yerrington. Motion Carried: All Yea: ITEM i32: PUPLIC HEARING: PRELIMINARY PLAT W/VARIANCE REQUEST BY BOESIGER, INC. ON THE VINEYRRDS SUBDIVISION: Kingsford: I will open the Public Hearing and invite the representative of Boesiger Inc. to come forward. Max Boesiger, 1399 E. Montery Drive, Boise, was sworn by the attorney. Boesiger: This is the same one as was presented to you over a month ago, there's been no changes to it since that time and it has gone through Planning and Zoning and they recommended approval. Just to be brief, this new layout is a lot better than our oid layout. It's better according to the standard codes of the Life Safety Standards because number one it has fewer long culdesacs then did the old one. This plan also has better access 10 the 1015. M05t of the lots on there have accouscanrseebthe directions which is a much safer layout. Also as L We+ve pretty much done spine road concept that we had in there, MERIDIAN CITY COUNCIL APRIL 21, 1992 PAGE 4 Verrington: Will all the berms be put in for all the sections of the whole subdivision? Boesiger: We will put them in, but not all in phase I. We may curb, gutter and sidewalk all the way from Linder and Cherry Lane out through phase I, we may that's being discussed. So if we do that we will probably go ahead and build the berm but we probably wouldn't landscape it until that phase comes on. Yerrington: When you put the berm in are you going to sod it? Boesiger: Yes. Crookston: Would you address the variance request? Boesiger: The variance request is for the two long culdesacs. They are in the easterly half of the project where those culdesacs are slightly longer than the maximum allowance. I think those are both in the neighborhood of 500 feet and the code is 450 feet. Crookston: Your also asking for a variance on the black length, would you address that? Also which blocks? Boesiger: Explained which blocks. What we are asking for basically is to not have to put in an intersection. Kingsford: So basically we are looking at three variances. Block length on those two blocks and length of culdesacs on the two culdesacs to the east. Boesiger: I believe the only block length that requires a variance is the most southerly one. Then the culdesacs. If they both are then that would be the case. Kingsford: Anyone else from the public to testify? No response. I will close the Public Hearing. Giesler: Has everything been handled with the City Engineer. Engineer Smith: I don't think there's any problems, they have been real good about making corrections. The Motion was made by Giesler and seconded by Tolsma to approve the Findings of Fact and Conclusions of Law on the variance request for Boesiger, Inc. on the Vineyards Subdivision. MERIDIAN CITY COUNCIL APRIL 21, 1992 RAGE 5 Roll Call Vote: Corrie - Yea; Yerrington - Yea; Giesler - Yea; Tolsma - Yea; Motion Carried: All Yea: The Motion was made by Tolsma and seconded by Yerrington to approve the preliminary plat for the Vineyards Subdivision. Motion Carried: All Yea: ITEM #3: FINAL PLAT ON PHASE #1 OF THE VINEYARDS SUBDIVISION: The Motion was made by Tolsma and seconded by Giesler to approve the final plat on phase #1 for the Vineyards Subdivision. Motion Carried: All Yea: ITEM #4: COVENANTS ON THE VINEYARD SUBDIVISION: The Motion was made by Corrie and seconded by Giesler to approve the covenants for the Vineyard Subdivision conditioned upon the Attorney and Engineer's review. Motion Carried: All Yea: ITEM #5: RESOLUTION #145: RESOLUTION SETTING DEVELOPER CONTRIBUTION TD WELL FUND IN LIEU OF PRESSURIZED IRRIGATION: Kingsford: R RESOLUTION OF THE CITY THE CITY COUNCIL OF THE CITY OF MERIDIAN ESTABLISHING AND SETTING THE AMOUNT OF FUNDS THAT MAY BE DEPOSITED WITH THE CITY TO ENABLE A DEVELOPER TO OBTAIN A WAIVER OF THE REQUIREMENT THRT A SUBDIVIDER PROVIDE, BY UNDERGROUND CONDUIT, PRESSURIZED IRRIGATION WATER TO EACH RND EVERY LOT WITHIN THE SUBDIVISION THAT THE SUBDIVIDER IS SUBDIVIDING; SETTING FORTH THATS THE AMOUNT OF FEES ESTABLISHED HEREUNDER MRY BE INCREASED FROM YEAR TO YEAR TO ADJUST FOR THE CONSTRUCTION COST INDEX, THE CONSUMER PRICE INDEX, THE PREVAILING LAND PRICES FOR A WELL SITE, AND OTHER ADJUSTMENTS THAT RRE NECESSARY; AND ESTABLISHING THE DRTE THAT SUCH FUNDS MUST BE PRID TO THE CITY IF THE SUBDIVIDER IS TO TAKE ADVANTAGE OF THE WAIVER; AND PROVIDING AN EFFECTIVE DATE. The Motion was made by Giesler and seconded by Yerrington to approve of Resolution #145. Motion Carried: All Yea: BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN APPLICATION OF MAX BOESIGER, INC. FOR A VARIANCE FROM 11-9-605 E. AND 11-9-605 B. 6. PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS AMBR08E, FITiOERALD scROOKBroN AHOm~~nO Cwna~n P.O. Bo[ X37 MMNM,MYw 87N7 TNNMO~ 8lNN1 The above entitled variance request having come on for consideration on March 21, 1992, at approximately 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the City Council having heard and taken oral and written testimony, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the variance was published for two consecutive weeks prior to the scheduled hearing for March 21, 1992, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the March 21, 1992, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That the notice of public hearing is required to be sent to property owners within 300 feet of the external boundaries of the land being considered pursuant to 11-2-416 E., 11-2-419 D., and 11-9-612 B. l.b. of the Revised and Compiled Ordinances of the City of Meridian; that this requirement has been met. 3. That Ordinance 11-9-606 B 6., Cul-De-Sacs, requires that use of a major variation of the property boundary and allows lots to back onto Cherry Lane, a major arterial, and the neighborhood commercial area, without an additional access to Cherry Lane which was not allowed by the Ada County Highway District." 5. The property in question is in the N 1/2 of the NE 1/4 of Section 11, T. 3N., R. 1W., Boise Meridian, Ada County, Idaho. 6. That the property is zoned R-4 Residential. 7. That the property was preliminarily platted previously but the preliminary was allowed to lapse by the Applicant; that the Applicant states in its Application that the prior preliminary plat had eight cul-de-sacs that exceeded the 450 foot limitation and had three blocks that exceeded the 1,000 foot limitation. 8. That present preliminary plat of is significantly different than the one that was initially approved; the lots are larger and provide more street frontage; the developer has sacrificed some lots from the original preliminary plat; that the longer blocks for N. Santa Rosa and W. Sunny Slope do not appear to create problems for emergency access. 9. That the cul-de-sacs for which a variance has been requested are not significantly longer than the maximum required by ordinance of 450 feet; that the turnarounds appear to provide adequate radius for emergency vehicles. 10. That the City, as of the preparation of these AMBR08E, FRZ(iERALD 6 CROOKBtON ABmw,. YM cam..ar. v.o. so. m w.neun, b.no sx.x ra.Fno~. ew~e~ preliminary Findings and Conclusions has not received the comments of the Ada County Highway District and if they are received they shall be incorporated herein as if set forth in full. 9. That the City, as of the preparation of these preliminary Findings and Conclusions has not received the comments of the City Engineer and if they are received they shall be incorporated herein as if set forth in full. 10. That there may be public comment submitted in opposition to the variance at the public hearing and if such is received these Findings of Fact may have to be amended. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City has authority to grant variances pursuant to Section 11-9-612 of the Development Ordinances. 3. That the City Council has judged this application by the guidelines, standards, criteria, and policies contained in the Zoning Ordinance and upon the record submitted to it and the things upon which it may take judicial notice. 4. That the Council may take judicial notice of its own proceedings, those of the Commission, governmental statutes, ordinances, and policies, and of actual conditions existing within the City and the State. 5. That the following provision of Section 11-9-612, AMBR08E, FIRDEMLD iCROOKSiON ANany~MM Coun~Nw~ vo. io. u7 MMOIr~ MYq exu r.i.F~+eesa~n Variances, of the Development Ordinance is noted which is pertinent to this Application: 11-9-612 A. 1. PURPOSE The Council, as a result of unique circumstances (such as topographic - physical limitations or a planned unit development), may grant variances from the provisions of this Ordinance on a finding that undue hardship results from the strict compliance with specific provisions or requirements of the Ordinance or that application of such provision or requirement is impracticable. 6. That the specific requirements regarding a variance that must be evidenced and found by the City Council are as follows: 11-9-612 A. 2, FINDINGS No variance shall be favorably acted upon by the Council unless there is a finding, as a result of a public hearing, that all of the following exist: a. That there are such special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be impracticable or unreasonable; in such cases, the subdivider shall first state his reasons in writing as to the specific provision or requirement involved; b. That the strict compliance with the requirements of this Ordinance would result in extraordinary hardship to the subdivider because of unusual topography, other physical conditions or other such conditions which are not self- inflicted, or that these conditions would result in inhibiting the achievement of the objectives of this Ordinance; c. That the granting of the specified variance will not be detrimental to the public welfare or injurious to other property in the area in which the property is situated; d. That such variance will not violate the provisions of the Idaho Code; and e. That such variance will not have the effect of nullifying the interest and purpose of this Ordinance and the Comprehensive Development Plan. AMBROSE, FITLOERALO {CROOKSTON AHpM,1 MO counwa. F.o. eo. ~ MwMMn, MYa aeu r.MFnon~w++s+ 7. That there does appear to be a benefit or profit, economic gain or convenience to the Applicant in that the Applicant will ultimately have less road way to construct and AMBROSE, FITZOENALD lC"OOKSTON A"aMT\ W counala. P.O. Bo. tl7 MM0"n, klNo N017 T~IpIgM NlM01 no street which ends in a cul-de-sac shall be longer than four hundred fifty feet and Ordinance 11-9-606 E. requires that blocks shall not be less than five hundred feet nor more than one thousand feet in length. 4. That the Applicant has requested that it be granted a variance from the above requirements and be allowed to have a block length of greater than 1,000 feet and a cul-de-sac greater than 450 feet and stated in its Application "The intrusion of a cross street through these blocks will not serve any beneficial use but will instead disrupt the neighborhood and create 12 additional lots which are less desireable homesites because of increase traffic exposure, greater wetbacks and less privacy and security. in this design, emergency access to all lots is just as rapid and convenient as if there were a cross street." With regard to the cul-de-sac length the Applicants states in its Application as follows: "Two Culdesacs, W. Sunny Slope Court and N. Santa Rosa Place are 520 feet and 550 feet respectively in length, measured from the centerline of the intersecting street to the center of the cul-de-sac turnaround. Because of the shape and dimensions of the property boundary, this design presents the best overall arrangement of lots and streets. The design provides a good mixture of privacy and safety. W. Sunny Slope Court could be turned either north or south at its terminus to avoid its slight overlength, however this would cause two additional corner lots, two very short blocks one of which would be less than the minimum allowed by the ordinance, and would increase the number of lots with have solar orientation. N. Santa Rosa Place makes • pave; however the Applicant has significantly increased the size of the lots and reduced the number of lots so that the net cost effect of the increased block length and cul-de-sac length ie somewhat negated by the larger lots. 8. That the City has endeavored to have developers increase the size of lots and the value of the homes constructed thereon; that it is concluded that the Applicants change to larger lots should have that effect; that the length of the two blocks and additional length of the cul-de-sacs should not be detrimental to the interests of the Development Ordinance. 9. That regarding Section 11-6-612 A it is specifically concluded as follows: a. That there are special circumstances or conditions affecting the property that the strict application of the provisions of this Ordinance would clearly be unreasonable in that emergency vehicles do not appear to have the necessary access restricted. b. That strict compliance with the requirements of this Ordinance would not result in extraordinary hardship to the owner, subdivider or developer as a result of factors not self-inflicted but the Applicant has endeavored to meet the safety requirements and has significantly enlarged the size of the lots which meets with the endeavors of the City. c. That the granting of the specified variance would not be detrimental to the public's welfare or injurious to other property in the area in which the property is situated. d. That such variance would not have the effect of altering the interest and purpose of this Ordinance and the Meridian Comprehensive ,Plan. 10. That it is concluded the Application should be granted AMBROBE, FIT20ERALD B CROONBTON Allpnry~ ri0 CAYRNIOI~ P.O. Bot X27 MMNU1, lAYlo UN2 TNwMR~ BlH~B1 and the variance would be in the best interest of the City. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby adopt AMBROBE, FITMERALD L CRDOI(BTON Al1aMy~~nO CounWa~ F.o. sm uT MNIOMn, MYq ae~t rw.Feo~. ewus+ and approves these Findings of Fact and Conclusions. ROLL CALL: COUNCILMAN CORRIE COUNCILMAN YERRINGTON COUNCILMAN GIESLER COUNCILMAN TOLSMA MAYOR RINGSFORD (TIE BREAKER) APPROVED: VOTED VOTED VOTED VOTED VOTED DISAPPROVED: OFFICIALS JACK NIEMAN N, Clty Clerk JANICE GASS. Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water Supt. KENNY BOWERS. Fire Cttlel BILL GORDON, Polite Cnief GARV SMITN, City Engineer • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (7A8)888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor MEMORRNDUM March 5, 1992 TO: MAYOR, COUNCIL, PLANNI~jG & ZO~JNING FROM: GARY D. SMITH, P.E. /~--Gi~l,y~'v~t~ RE: FINAL PLAT - "VINEYARDS SUBDIVISION ND. 1" COUNCILMEN RONALD fl. TOLSMA ROBERT GIESLER MAX YERRINGTON ROBERT D. CORRIE Cnalrman Zoning 8 Planning JIM JOHNSON I have reviewed this final plat and find that its lot and street arrangement conforms with the preliminary plat submitted. I have the following comments far your consideration to request of the applicant: 1. Show the street names in accordance with the request of the Ada County Street Name Committee. , 2. Reverse lot numbering of Block 3 so the sequence will be continuous as the block develops. 3. Increase culdesac radius to 52 feet to promote preservation of front lot corners. 4. Rdd bearing and correct distance to the boundary along Cherry Lane Road. 5. Show a tie distance from the Initial Point to the North 1/4 Corner of Section 11. 6. Correct boundary distance shown along Lots 3 and 4 - Block 4. 7. Confirm with the ACRD that the centerline of Cherry Lane Road is also the section line. 8. On sheet 2, change "northerly" to "southerly" in the first line of the description leaving the Initial Point. cane CHUCK L. WINDER, President JAMES E. BRUCE, Vice President March 9, 1992 GLENN J. RHODES. Secretary Max A. Boesiger, Inc. 6479 Glenwood, Suite A Boise ID 83703 Re: THE VINEYARDS -PRELIMINARY PLAT ADA COUNTY, IDAHO On February 27, 1992, the Commissioners of the Ada County Highway Dis- trict (hereafter called "District") approved the Preliminary Plat as stated below: FACTS & FINDINGS: 1. The Vineyards is a 209-lot single family residential subdivision located at the southwest corner of Cherry lane and Linder Road; 9,900-feet of new public streets are planned. 2. Cherry Lane is designated a minor arterial street on the 1995 Urban Functional Street Classification Map requiring 66-feet of right-of-way and construction to a 52-foot back-to-back street section with 4 traffic lanes . Cherry lane has 50-feet of right-of-way (66-feet is required), and is improved with 24-feet of paving. 3. Linder Road is designated a minor arterial street on the 1995 Urban Functional Street Classification Map requiring 66-feet of .right-of-way and construction to a 52-foot back-to-back street section with 4 traffic lanes . Linder Road has 50-feet of right-of-way (66-feet is required), and is improved with 24-feet of paving. 4. There is an out-parcel along the Cherry Lane frontage which has been separate from subject parcel for more than two years, therefore, it will not be subject to the street improvement requirements for the subdivi- sion. 5. This .application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on February 18, 1992. ada county highway district 318 East 37th • Boise. Idaho 83714 • Phone (208) 345-7680 Max A. Boesiger, In~ • March 9, 1992 Page 3 requirements of Boise City Code Section 9-20-8.5 and shall retain all storm water on-site. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 10. Locate driveways a minimum of 5-feet from the side lot property lines. 11. Developer shall provide the District with a copy of the recorded plat prior to the installation of street name signs. 12. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. In order that the Final Plat may be considered by the District for accep- tance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: 1. Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-ofway, the following .shall be submitted and subject to review and approval by the District: a. Two complete sets of detailed street construction drawings pre- pared by an Idaho Registered Professional Engineer, together with payment of plan review fee. b. Execute an Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. c. Complete all street improvements to the satisfaction of the District, or execute Surety Agreement between the Developer and the Dis- trict to guarantee the completion of construction of all street im- provements. 3. Furnish copy of Final Plat showing street names as approved by the Local Government Agency having such authority together with payment of fee charged for the manufacturing and installation of all street signs, as required. Max A. Boesiger, In~ • March 9, 1992 Page 4 4. If Public Road Trust Fund deposit is required, make deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements, and all other datum or documents as required by the District. 6. Furnish Final Plat drawings for District acceptance, certifications, and endorsement. The final plat must contain the signed endorsement of the Owner's and Land Surveyor's certification. 7. Approval of the plat is valid for one year. An extension of one year will be considered by the Commission if requested within 15-days prior to the expiration date. Please contact me at 345-7662, should you have any questions. ISTRICT cc: Development Services Chron City of Meridian Briggs Engineering AMBROSE. FITZGERALO B CROOKSTON Attomays •nE Coonsalors P.O. Bor t27 Msrlolan, IEroo &982 T~ISplNne 9BSJM1 i • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 o'clock p.m., on April 21, 1992, for the purpose of reviewing and considering the Application of Max Boesiger, Inc., 1) for a preliminary plat of The Vineyards Subdivision which is generally located in the N 1/2 of the NE 1/4 of Section 11, T. 3 N., R. 1 W., Boise-Meridian, Ada County, Idaho, for approval of approximately 59.31 acres for R-4 Residential development for 223 single family dwelling residential building lots. The property is generally located at the SW corner of Linder Road and Cherry Lane; and 2) for a variance from Section 11-9-005 E., Blocks, of the Revised and Compiled Ordinances of the City of Meridian to allow two block lengths which are greater than 1,000 feet; and 3) for a variance from 11-9-605 8.6. of the Revised and Compiled Ordinances of the City of Meridian to allow two cul-de-sac lengths to be greater than 450 feet; and 4) for a final plat of 41 lots for the above described property. A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome and invited. DATED this/~ day of March, 1992. z° ~ ~ z o ~ ~ ~ ~ ~Z z~ ~ H ~ ~ H ~ ~ H H 8 C~77 a ~ O f•+ CT! z G~7 ~'~7 y b n (~A Z y z 3 H O y y r FH•I ~ C~J H ` fh ~ ro R+ .3 H H 5 2 H ro (N g~ z ~ HH ~' ~ ~~p ~ r~' H ~, ro ~ ~ Z ~ ro IrC z H ro ~ r t" r ~~ii77 E 3 H ~ E H r ~ ~ Q ~ ~ ~ ~ ~ ~ d H rb H ~ K N ~ 2 W `~ b~ H~ 9 n O H w r• " H m b H O r• w r• rt rt w w p, a n i--• w 7 z x r• ~c r• w n r• r• ~~ w b rt rt m o ~ o ~' , m H .Gi r- w o •O ~ "I G ~ C n h, m r '~' o r• r•" O n w G m 7 ~+. r a~f ow•m H,w nn ~ w o~ v w w o w n d ^~ w rt a n a ~ n ro n r• n m E w n ~ B ° o-n~m a~o. r• w e7 w w rt r• n b w rt m m o m rt N G C7 ^ n n ~, O r• o n r owc w rt m• m y ~ v rri• w w m m w m ~ v e7 ~ rt r~o c~ m e w .. ~ r• ~ m m G G fD H y n £ G rt y n a o hi ~'i rt rt 7 C rt w t5 00 O' r• ~ (D f0 Q C w i-f n ry tD H rt G ~i rt H tD N H O ? w a< r~m •C rn eym n ~ o £•m m o ~ w m [x] O N H c)a2 m n ~? n ."' ~ aw g Q•m g ~ w w m 7 a n m o N H w R+ w o w ~ I (D r• p m a w rt m w o ~e ~ ~ ~ K y~ M r M m ~ ~ ~ ~ H ~ ~ H ~ ~ 3 ~ 3 y ~ y r H ~ ~ ~ ~ ~ z~ N JD ooh b N rn ~. ~ ~- W C~~O A U-~ I o~$ ~~ ~ mQ ~+ 0 Z r t0 N 4 3 0 3 qI-I r yYy C+7 trJ b7 H W H ,~ N ro~ H I~' R7 N H y \ rg y roO ~~ H L] ~ N 7=. ~ roN~ C]] ro w ~~++ ~ ro ~ ro ~ m ~~ ~~ ~~ ~ ~~~~~~ o d m ~ oc ~ ~ ~ ~ ~ ~~~~~ MERIDIAN PLANNING & ZONING MARCH 10 1992 The Regular Meeting Commission was called P. M. . Members Present: Jim Tim Hepper: of the Meridian Planning and Zoning to order by Chairman Jim Johnson at 7:30 Shearer, Charlie Rountree, Moe Alidjani, Others Present: Bob & Carol Waitley, Mary E. Moon, Shannon Spencer, Larry Bertetto, Jay Edmunds, Nadene Edmunds, Chuck Fuller, Norman Fuller, Sheri Deportee, Irene Deportee, E.N. Deportee, Max Boesiger Sr., Renee' Atkinson, Ted & Terri Harper, Bob Schuler, Robert H. Janes, Dean S. Croasdale, Wayne Crookston, Ed Straun, Roy Harada, Danny Clerk, Paul Merrill, Greg Johnson, Tony Alonso, Doug Hoy, Dale Ownby, Ray Wilder, Max Boesiger Jr., Chris Carte, Annette, Alonso, Craig Groves, Virginia Christensen, Dan Couch: MINUTES OF THE PREVIOUS MEETING HELD FEBRUARY 11, 1992: ~~'e Motinn was made by glid,7ani and seconded by Rountree to approve the minutes of the previous meeting. held February I1, _ __ 1892 as written: Motion Carried: All Yea: ITEM ail: PUBLIC HERRING: PRELIMINARY PLAT ON THE VINEYARDS SUBDIVISION: Johnson: I will now open the Public Hearing. Is there someone present who is representing the applicant. Max Boesiger, Jr., 1399 E. Montery Drive, was sworn by the attorney. Boesiger: Since the last time we approached you on this subdivision quite a bit has happened. Showed Commission a picture of the protect. Explained spine road and the plan had been revised, then realized the flood plain maps had an effect on our property. It turns out that the diameter of the culvert that runs under Cherry Lane there is sub-standard and it won't carry a hundred year flood. So the simple solution to the problem is to put in a bigger culvert. After doing some further modifications we were ready to submit the plan and then discovered a 40 foot strip of property along the southerly border that presently is being farmed but actually belongs to the Bureau of Reclamation. They have no desire to maintain that strip of land and therefore they are wi113ng to give it to us to include • MERIDIAN PLRNNING & ZONING MARCH 10, 1992 PAGE 2 in this subdivision. There were quite a few changes and for that reason the City Council felt that it might be best to come back before Planning and Zoning again. As you can see we basically did away with the spine road, it has the same number of entries for ingress and egress as the old plan had, the major change in this project is that we've changed the lots so that they have a wider frontage and they are shallower lots. We have them priced at 1130,000 compared to 8120,000 before. The density of the project is about the same as it was before except we added that 40' strip to the south and it figured out to about ten additional lots. I hope that you will recommend approval of this project and I'd be glad to answer any questions. Rountree: Have you seen the comments from the City Engineer and ACRD? Boesiger: Yes and I have no problems. _,:_~-. .. _ ,, _. _=_-' -°_:. ~,_-.. .,___--~-- .__ .,.ter Rountree: Questioned setback from Cherry Lahe. _ _ __ Boesiger: All county really requires is 66 foot for the right of way but then what we did over there is we made the property line at 60 feet and gave a 7 foot additional road right of way. Rountree: What about fencing the berm? Boesiger: It will basically be about the same as what you see in front of Crystal Springs Subdivision. Rountree: You indicated in your testimony that you feel the market in Meridian is for larger homes priced from 5120,000 - 5130,000 price range. I have some concerns about the overall concept, one concern is that the project abuts Meridian School District property, there's no accommodation for pedestrian access. Boesiger: We don't actually abut the School District's property, that property 3s awned by the Bureau of Reclamation. Rountree: So your going to have a roadway easement between you and the school property. Boesiger; (in-audible) Hepper: It states in your application here that you have a minimum house size of 1300 sq. feet <in-audible) what about your covenants are they any different or are they the same? Boesiger: Has not changed. PRELIMINARY PLAT THE VINEYARDS MAX BOESIGER, INC: C O M M E N T S 1: Ada County Highway Dist: See Attached Comments & Recommendations: 2: Central Dist. Health: Can approve with Central water & sewer: 3: U.S. DEPARTMENT OF INTERIOR: See attached letter: 4: Settler's Irrigation: See attached letter; Sa Meridian School District: See attached Letter: 6: City Engineer: See Attached comments: 7: U.S. West: Need necessary easements; 8: Idaho Power Co: Need necessary easements: 9: Sewer Dept: Sewer available to serve this project: 10: Fire Department: Property #11, #6 & #58 will need to be maintained: 11; Police Dept: No objections: 12: Street Name Committee: See attached. for approved names: 13: Public Hearing held by the P & Z Commission on March 10, 1992, Commission recommended the Preliminary Plat be approved: ADA COUNTY HIGHWAY DISTRICT 316 EAST 37TH STREET BOISE. IDAHO 63714 Inter-Department Correspondence To~ Ada County Highway District Commission Date: February 13, 1992 From: Development Services Subject: pRELIRIINARY PLAT - (Max A. Boesiger, Inc 835-2001) FACTS & FINDINGS: THE VINEYARDS SUBDIVISION 6479 Glenwood, Suitg-}l, Boise ID 83703 \1 ~: ~`~ ~` \~ `~~ ~. 1. The Vineyards is a 209-lot single family residential subdivision located at the southwest corner of Cherry lane and Linder Road; 9,900-feet of new public streets are planned. 2. Cherry Lane is designated a minor arterial street on the 1995 Urban Functional Street Classification Map requiring 66-feet of right-of-way and construction to a 52-foot back-to-back street section with 4 traffic lanes. Cherry lane has 50-feet of right-of-way (66-feet is required), and is improved with 24-feet of paving. 3. Linder Road is designated a minor arterial street on the 1995 Urban Functional Street Classification Map requiring 66-feet of right-of-way and construction to a 52-foot back-to-back street section with 4 traffic lanes. Linder Road has 50-feet of right-of-way (66-feet is required), and is improved with 24-feet of paving. 4. There is an out-parcel along the Cherry Lane frontage which has been separate from subject parcel for more than two years, therefore, it will not be subject to the street improvement requirements for the subdivi- sion. 5. This application is scheduled for public hearing by the Meridian Plan- ning & Zoning Commission on February 18, 1992. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 33-feet of right-of-way from the centerline of Cherry Lane abutting parcel. V iN EYA RD/DST ECH 2-27-9H PRELII~1INARY PLAT•THE VINEYARDS SUBDIVISION. February 13, 1992 Page 2 ~ ~ ~ ~~ 2. Dedicate 33-feet of right-of-wad 'frod~ the centerline of Linder Road abutting parcel. 3. Curb, gutter, 5-foot sidewalk and match paving shall be constructed on Cherry Lane abutting parcel. Improvements shall be constructed to a 52-foot back-to-back street section. 4 Linder abtutting parcel ideImprovementseshall be conatructednto a 52 foot back-to-back street section. 5. Direct lot or parcel access to Cherry Lane is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 6. Direct lot or parcel access to Linder Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. STANDARD REgUIREMENTS: 1. Street and drainage improvements required in the public right-of-way shall be designed and constructed in conformance with District stan- dards and policies. 2. Dedicated streets and drainage systems shall be designed and construct- ed in conformance with District standards and policies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations presented to ACHD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, Section 54-1215. 4. Provide written approval from the appropriate irrigation/drainage dis- trict authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drainage appurte- nances, etc.) outside of the proposed street improvements. Authoriza- tion for relocations shall be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across parcel. 7. Submit three sets of street construction plans to the District for review and appropriate action. 8. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Boise City Code Section 9-20-8.5 and shall retain all storm water on-site. 9. Provide design data for proposed access to public streets for review and appropriate action by ACHD. VINEYARD/DST ECH 2-27-92 PRELIh1INARY PLA1~ THE VINEYARDS SUBDIVISIO• February 13, 1992 Page 3 10. Locate driveways a minimum of 5-feet from the side lot property lines. 11. Developer shall provide the District with a copy of the recorded plat prior to the instal]ation of street name signs. 12. A right-of-way permit must be obtained from ACRD for all street and utility construction within the public right-of-way. Contact Quality Control at 345-7667 (with zoning file number) for details. 13. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request, shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Develop- ment Services section at 345-7662. STAFF SUBMITTING: Pat Dobie, P.E. DATE OF CO\~, R ION APPROVAL: ~a U VINEYARD/DST ECH 2-27-82 SENT dF. y • • ryy~ QP ~J~' ~a'± ~ ~! ~ ~ United States Department of the Interior +^° ~„ A~ ~~ ~ BUREAU OF RECLAMATION ~~ ~_~ ~~ CENTRAL SNAKE PROJECTS OFFICE ~9\N13, ~eo-%~ ^ - 214 BROADWAY ,4V EN UE BOISE, IDAHO 83702-7298 1\ RF 1`1.1' REFER !0: 320 February 20, 1992 Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Avenue Meridian ID 83642 Subject: Review of Vineyards Subdivision No. 1 Preliminary Plat and The Vineyards Subdivision Plat (Zoning Review) Dear Meridian Planning & Zoning: These subdivisions' storm water will run off into Reclamation's Nine Mile Drain, operated and maintained under contract by the Nampa Meridian Irrigation District. This will require a permit from Reclamation. We request final plat approval be withheld until we have reviewed a comprehensive storm water runoff design for both subdivisions. Assuming BMP infiltration/ detention and treatment are satisfactory to Reclamation and the Nampa Meridian Irrigation District, Reclamation can then issue a storm water discharge permit. These projects can then make an orderly addition to your community. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any assistance. Sincerely, rrold g Project Sup intendent cc: Nampa Meridian Irrigation District Pat Dobie, ACRD S~LERS' IRRIGATION DIST~T P.O. BOX 757'1 • BOISE, IDAHO 83707 PHONE 344-247'1 March 2, 1992 Meridian Planning & Zoning 33 East Idaho Street Meridian, Idaho 83642 Rey Preliminary Plat/Vineyards Subdivision To Whom It May Concern With regard to the above referenced subdivision, Settlers Irrigation District will require that the canal be piped from where it enters the Vineyards from under Cherry Lane to the Nine Mile drain. If you have any questions, please call me at 343-2471. Sincerely, v Troy L. Upshaw, Manager Settlers Irrigation District TLU/vrk • • SUPERINTENDENT OF SCHOOLS Dr. Nick Hallett DEPUTY SU PERINTEN DENT Dan Mabe, Finance & Administration ASSISTANT SUPERINTENDENT Bob Haley, Instruction & Personnel DIRECTORS Jim Carberry, Secondary Darlene Fulwood, Elementary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERI DIAN STREET MERIDIAN,IDAH083642 PHONE(208)1188-6701 February 14, 1992 Meridian Planning & Zoning 33 E. Idaho Meridian, Idaho 83642 Dear Commissioners: I have just reviewed the plans for Vineyards Subdivision No. 1. This planned development will accelerate the need for Joint School District No. 2 to construct additional classrooms and/or to adjust school attendance boundaries. Meridian Schools do not have excess capacity. Nearly every school in the district is beyond capacity. I would like to meet with the developers of that area to select an acceptable Elementary School Site. The Meridian School District supports economic growth for Idaho and specifically the district's area, but such growth produces a need for additional school construction. We ask that planning for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. We required from developers and other interests seeking planning and zoning approval for residential projects. If this support is lacking then we ask that additional residential development be denied. School bus service may be restricted if adequate turnarounds and loading areas are not provided. Residents cannot be assured of attending the neighborhood school as it may be necessary to bus students to available classrooms across the district. We ask that you assure the developer will provide walkways, bike paths and safe pedestrian access. Sincerely, aD n Mabe Deputy Superintendent OFFICIALS JACK NIEMAN N, City Clerk JANICE GASS, Treasurer BRUCE D. STUART, Water Worka Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD, Waste Water SUpt. KENNY BOWERS, Fire Chlet BILL GORDON, Police Chiel GARY SMITH, Clty Engineer MEMORANDUM • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 FAX (208) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R. TOLSMA ROBERT GIESLER MA%YERRINGTON ROBERT D. CORRIE Chairman Zoning & Planning JIM JOHNSON March 5, 1992 T0: MAYOR, COUNCIL, PLRNN NG & ZONIN,G}/- FROM: GARY D. SMITH, P. E. ~ j~YYL1.(.4-~ RE: PRELIMINARY PLRT - "THE yINEYRRDS SUBDIVISION" I have reviewed the submitted preliminary plat and have the following comments for your consideration to request of the applicant: 1. Submit approved vacation document from appropriate U. S. Government Agency for the area shown along the subdivisions south boundary. 2. Unscramble storm drain retention lot numbers in Block 5 - and BlGCk 5/10 designation. 3. Reposition fire hydrants and street lights as shown on the review print being returned. 4. The sanitary sewer interceptor easement shown along the back of Lots 16-33, Block 5 must be fenced out of these lots far ease of City access from the ditch rider road. 5. Forty (40) feet of road right of way needs to be shown for Cherry Lane Road. The 1/2 section of an 80 foot right of way road should be built at this time. 6. An easement or common area lot of sufficient width should be shown for the berm to be built along Cherry Lane Road. 7. Provide details for the disposition of the Settlers Irrigation District ditch along a portion of the northerly boundary. 8. Block Length Variance Request - Because the longest block length concerns Hlock 5, which backs up to Nine Mile Creek, I don't have a concern to grant this variance. Culdesac Length Variance Request - The lengths requested (520 feet and 550 feet) do not represent a problem to me. General Comment: Meridian is experiencing a significant percent of growth. Our existing public park (Storey) is receiving mare and more use, especially as relates to sports and picnic. Consideration tplanning should be initiated for development of more park area. S~IVISION EVALUATION SET osed Development Pro Name THE VIN YARDS City un±'R3DLAN p Data Reviewed 02/20 /92 Preliminary Stage Final ERR Engineer/Developer Brigs Engr /Max Boseiger Inc The following SUBDIVISION NAME is approved by the Ada County Engineer or hie designee per the requirements of the IDAHO STATE ODE. e NY S UB VI N Data L Z(J Z The Street name comments listed below are made b the members of the A COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall avvear on the vlat as: "W CHERRY LANE^ n "ollowing new street names are aovroved and shall avear on the plat as: "W LUCERNE STREET" "W SONOMA DRIVE" ^N VINEYARDS AVENUE" - N ST MARTIN WAY" is a duvlication and cannot be used Please choose another name and have it aovroved by the street name committee The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMIISTTBE Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian P1ra Dept. Representative SSZGNBSS ~Z uace NOTE: A copy of this evaluation sheet mast be presented to the Ada County Engineer at the tisa of signing the ^final plat", otherwise the plat will not be signed IIII Sub Index _~_ Street Index Map " ~ v ~ NUMBERING" OF'` LOTS A~ND/BLOCKS ok "' ~~j `, . 1r n. OFFICIALS JACK NIEMANN, Clly Clark JANICE GA$$, Treasurer BRUCE D. STUART, Water Works Supt. WAYNE G. CROOKSTON, JR., Attorney EARL WARD. Waste Water Supt. KENNY BOWERS. Fire Clliel BILL GORDON, Polies Cnief GARY SMITH, City Engineer • HUB OFTREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAH083642 Phone (7A8) 888-4433 FAX (7A8) 887-4813 GRANT P. KINGSFORD Mayor COUNCILMEN RONALD R.TULSMA ROBERT GIESLER MAX VERRINGTON ROBERT D. CORRIE Cnalrman Zonln9 8 Planning JIM JOHNSON MEMORANDUM March 5, 1992 T0: MAYOR, COUNCIL, PLANN NG & Z~ONIN~Gyy-- FROM: GARY D. SMITH, P.E. ~~g7~'w~^-' RE: PRELIMINARY PLAT - "THE 131NEYARDS SUBDIVISION" I have reviewed the submitted preliminary plat and have the following comments for your consideration to request of the applicant: 1. Submit approved vacation document from appropriate U. S. Government Rgency far the area shown along the subdivisions south boundary. 2. Unscramble storm drain retention lot numbers in Block 5 - and Block 5/10 designation. 3. Reposition fire hydrants and street lights as shown on the review print being returned. 4. The sanitary sewer interceptor easement shown along the back of Lots 16-33, Block 5 must be fenced out of these lots for ease of City access from the ditch rider road. 5. Forty (40) feet of road right of way needs to be shown for Cherry Lane Road. The 1/2 section of an 80 foot right of way road should be built at this time. 6. An easement or common area lot of sufficient width should be shown for the berm to be built along Cherry Lane Road. 7. Provide details far the disposition of the Settlers Irrigation District ditch along a portion of the northerly boundary. 8. Block Length Variance Request - Because the longest block length concerns Block 5, which backs up to Nine Mile Creek, I don't have a concern to grant this variance. Culdesac Lenoth Variance Request - The lengths requested (520 feet and 550 feet) do not represent a problem to me. General Comment: Meridian is experiencing a significant percent of growth. Our existing public park (Storey) is receiving more and more use, especially as relates to sports and picnic. Consideration (planning should be initiated for development of more park area. •ENTRAL DISTRICT HEALTH DEPARTME• ENVIRONMENTAL HEALTH DIVISION 1455 North Orchard Boise, Idaho 83706 REVIEW SHEET o,,.,,...o f! i/ 1. Return to: _ Boise Eagle ~/P1eridian Kuna Z, _ We recamend denial of this proposal. 3, _ Specific Imowledge as to the e~ct type of use must be provided before we can ccmrent on this proposal. 4. _ We will require rtore data concerning soil conditions on this proposal before we can cament. 5, _ We will require more data concerning the depth of (high seasonal ground water)(solid lava) from original grade before we can camient concerning individual sewage disposal. 6, _ We can approve this proposal for individual sewage disposal to be located (2,4) feet above solid lava layers. 7, // We can approve this proposal for: ~_Cen~ sewage Interim sewage Individual sewage _ Comnuiity sewage system and _Central water _Individual water _ Crnmuuty water cell. g, V Plan for _~ tral sewage Camunity sewage systen Sewage dry lines, and ~ntral water _Camunity water must be submitted to and approved by the Regional Health and Welfare Environrt~ental Services Field Office. 9, ~ Street riuwff is not to create a mosquito breeding problem. 10. _ this department would recrnmend deferral until high s~nal ground water can be determined if other considerations indicate approval. 11. _ If restroon facilities aze to be installed then a sewage systen MJST be installed to meet Idaho State Sewage Regulations. 12. _ We will require plans be submitted fora plan review for any (food establishment)(beverage establislment)(soimidng pools or spas)(grocery store). 13. 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BOZ ~Y7 MMElen, laeho 838~Y TsbV~one SlBJb1 • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, 1992d~for Idaho, at the hour of 7:30 o clock p.m., on March 10, the purpose of reviewing and considering lat Aofl~The~VineyaMds Boesiger, Inc., 1) for a preliminary p Subdivision which is generally located in the N 1/2 of the NE 1/4 Ada County, of Section 11, royal Nof RapproximaBelye 69r31~aacres for R-4 Idaho, for app Residential development for 223 single family dwelling residentia building lots. The property is generally located at the SW corner of Linder Road and Cherry Lane; and 2) for a variance from Section i1-9-605 E., Blocks, of the Revised and Compiled Ordinances of the City of Meridian to allow two block lengths which are greater than 1,000 feet; and 3) for a variance from 11-9-605 6.6. of the Revised and Compiled Ordinances of the City of Meridian to allow finaluplat ofc4lelotssfo~ the9aboverdescribed propertya 4) for a A more particular legal description for the parcel is on file in the office of the City Clerk of the City of Meridian and is available upon request. Public comment will be taken and is welcome and invited. DATED this~~~ day of February, 1992. Z H I IH I IH I~ I IAi I~ I ( IH z~ ~ Z o r~ r O d q ~~d~ ~~ r z~ n H~ N~ H ro~~ ~ ~H~~ ~~ o ^ (~~ ~ ro ~ ~ l.~T.TJd.. ~ ~ H d (!1 O O M ~ H q H ('] fyyA Z~ 2 3 3 ~ H r H y ~ H Z ~x O H ro (~ 3 4 roro R+ H O Z CC H ^^ ~ C~7 ?+ ~ N H ro 07 ~ rr zz q r ~ ~ H H O v 'O'7 O ~ m ~ !!K ~ 'L' H H to H ~ H ~ K N [s~ [HxJ 'A i O M H d [O O c~5 ~' i~i~iiii C] ~ ~ ~ ~ ~ 3 w N n~ m r ~ ~ H ro ~ ~~~ ~~~ O H gZ o ~i r N i iii 3 C09 3 m ~ z ~~z H Hy~ 2 ~ M N H r b h7 hi W r w r N d H O ~' FC ~ ~ ~ 8 yz ~ y~ `~~'~ ~O C ~HpJ O ~ Ch ~U 'V rr~ cn ,~ < r ~ ~~~ ~ ,~ ~ roW~ ~ ~~~ ~~ °~ ~~~ r ~~ ~ ~~. ~nn ~9:3 ~ ~I~ ro~ r~ H d `~ z ¢~ N °z H z w w H ENGINEER//,/G BRIGGS /NC. Mr. Jack Niemann City Clerk Meridian City Hall 33 East Idaho Street Meridian, Idaho 83642 Re: Vineyards Subdivision Preliminary Plat Application -Total Final Plat Application -Phase I Dear Mr. Niemann: February 10, 1992 On behalf of Max A. Boesiger, Inc., transmitted herewith are the following items as application for approval of the overall preliminary plat of the Vineyards Subdivision and approval of the final plat of the first phase of the Vineyards: • 30 copies of the preliminary plat -Scale 1" = 100' • 30 copies of a vicinity map and preliminary plat -Scale 1" = 300' • 30 copies of the subdivision application form • 4 copies of conceptual engineering plans • a list of owners of property within 300' of the exterior property boundary • 30 folded copies of the final plat of Phase I - 1" = 100' • 10 prints of the final plat at 1"- 300' • print of the preliminary plat showing the extent of the 100 year flood plain • Application fee in the amount of $2,590 • Proof of property ownership • One copy of a Variance Application The required four sets of final engineering drawings for the subdivision improvements will be submitted for City Engineer review well in advance of the forty-five day cut-off for City Council consideration of the final plat. At this time, the applicant requests a waiver or variance from two sections of the Subdivision Ordinance. These are: Section 9-605 E. BLOCKS and 9-605 B 6. MAXIMUM LENGTH OF CULDESACS. Block Length: Variance for maximum block length is requested for W Sunny Slope Drive and W. Santa Ana Drive as shown on the preliminary plat. The intrusion of a cross street through these blocks will not serve any beneficial use but will instead disrupt the neighborhood and create 12 additional corner lots which are less desirable homesites because of increase traffic exposure, greater setbacks and less privacy and security. 119111t~.a9rchard, Suite 600 • Boise, Idaho 83705 • (208) 345-2881 Fax# (208) 345-2950 BRIGGS ENGINEERING, INC. tttt s. orchard, suite soo • 6oise, Idaho 83705 • (208) 345-2881 FAX q (208) 345-2950 In this design, emergency access to all lots is just as rapid and convenient as if there were a cross street. Culdesac Length: Two Culdesacs, W. Sunny Slope Court and N. Santa Rosa Place are 520 feet and 550 feet, respectively in length, measured from the centerline of the intersecting street to the center of the Culdesac turnaround. Because of the shape and dimensions of the property boundary, this design presents the best overall arrangement of lots and streets. The design provides a good mixture of privacy and safety. W. Sunny Slope Court could be turned either north or south at its terminus to avoid its slight overlength, however this would cause two additional corner lots, two very short blocks one of which would be less than the minimum allowed by the ordinance, and would increase the number of lots with bad solar orientation. N. Santa Rosa Place makes use of a major variation of the property boundary and allows lots to back onto Cherry Lane, a major arterial, and the neighborhood commercial area, without an additional access to Cherry Lane which was not allowed by the Ada County Highway District. The previously approved preliminary plat for this same property had eight Culdesacs that exceeded the ordinance standard and three blocks which exceeded the 1000 feet set forth in the ordinance. We request that you set the item for public hearing and consideration at your earliest opportunity. Sincerely, BRIGGS ENGINEERING, Inc. 911004 C~ CITY OF MEAZDIAN 33 E. IDAHO AVE. MERIDIAN, IDAHO 83642 VARIANCE APPLICATION (RE: Meridian zoning Ordinance) NAME: Max A. Boesiaer. Inc. PHONE 853-2001. (Owner or holder of valid option) ADDRESS: 6479 Glenwood Boise, Idaho 83704 GENERAL LOCATION • S, of Cherry Land, W. of Linder Road L8^.AL DESCRIPTION {JF PROPSRT7; Attached P30Oc^ OL' CWNERSIiIP OR VALID oPTIGN: A cogy of your property c:e<d ar option agreement must be attached. PRESENT ZONE CLASSIFICATIGN R-4 VICIi~1iTY 3RLTC;:: A vicinity map at a scale apprcved by the city showing property sines, streets existing and proposed zoning and -such other items as the City may require. SURROUNDING ?RCPE?TY GW:dERS: A list of all property owners and addresses within contiguous to, directly across the street frcm, and within a 30G' radius of the parcel(s) proposed for a Variance must be attached. (This Information is available from the County Assessor) DESCRI?TTO;d Qi? PROPOSr,D VARI:-1VC3: Permission to exceed the standard length for two culdesacs and the length standard for two blocks `in The Vineyards Subdivision SIGNATURE: CITY COUNCIL RECORDS Date Received City Council henries Data Received Hy REQUIREMENTS: VARIANCE Attach a site plan showing all details of the proposed aevelcpment. complete the following questions and return with thfl application. 1. what is intended to be done on or wfth the property? Single-family residential subdivision 2. What special conditions and circumstances Exist which are perttllar to Lhe land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district? None 3. Why will a literal interpretation of the provisions o` this ordinance deprive you of rights commonly enfoyed by other properties in the sam: district under the terme of thia ordinance? Other subdivisions in the City have similar length culdesacs and blocks 4. What special conditions or circumstances exist that werz not a result of your actions? Nonce 5. Why r~i11 the granting of this Variance nat confer on you any special privilege that is denied by this Ordinance to other lands, structures, or building in the same district? Other subdivisions have the same ability WARRANTY DEED for Value Received AR'fMUR C. DAMS elsd GWE•NDOLYN E. UAVIS. Isusbend and wife, U. BURTON SMITN and LeRLNE SPIITI3, husband end wife, and E. L. BEWS and SIIIRI EY G., 6EW~, hlleband and wife, the graulor s , do hereby grant, ~argaut, se I and convey unto MAX A. 60ESICER, INC., en T.duho corporation, the gygnlee , WIIOSC CUfItlll address{S h479 Glenwood, Suite A, Bolee, Idaho 87707, Ills following described premises, in ......... Ildp ............. Coullly Idaho, to-wit: A parcel of land lying in the North ono-helC oC the NortheaeC Quarter of Section 11. 'Cownahlp 7 Nurtls, Range 1 Waot, Botea Meridian, Ade County, Idaho, as more particularly described upon "Exhibit A" ataached hereto. which said "Exlslbit A" la by tlsla reference incorporated herein and made s port hereof. 9204290.' pI0N6ER TITLE Cd ADA 1' :'ItI'I Y, I U. FOR _. J. UAYIU ph`JARRO RECORDER DY ~~ '92 JflN 23 fl141100 TO HAVE ANU TO I10LU the said premises, wills tlseir apPUrtenanea unto the said Grantee , its succaeaore, heirs and assl`nx tbrever. And the Ormtors do hereby cavnmm to snd whh she sold Oranlte ,that they are the ownee in fee zlmDle of said premises; That shay ere free from all encumbrances excepC current year's taxes, levies, and aeeeesments, and except reetric- tlons, icsarvat Ions, and easements of record, anJ easements vlnlbl~e/_ u'p/onA~tshe pcemiaee, and that they will warram and defend the same from all lawful claims w auoever. _ I/ ` Dated: ova `~ % ~~~~ .f : ~. ~ ,uu,i -- . ~ty_-`r~_~ U ~ ~.-=~ ,,, - - STATEUF IU,AMO, COUNTY UI' ADA)ea. on n... 22nd der of ,lanuery . iy 92. erfwt nK, a nw•ry nuMw m mJ Ym weld C,w4 Paronnlly •nrrertd AR'I'I{UR C. DAV1S. GWENDOLYN E. UAV] E. 1.. BEWS, SIIIRLEY G. BEWS, W. BUK'1'ON SMl'l'll, and LeRENE SMITII, ••'wH,A 'npgn ~. ~r~T 1, a~ ~.WW ~:• s'rnrr:ovlonMO.cuuN1'vos 1 Iwo-0Y unify em Ihli murumnu wxx Okd Is rcaed ul dv Iryuvd nl xl mennernot n'cl.nY n,.. ten a.v ni I9 ,iu np offkq uul dulY,eco,Jni in moil ul UYfd, nl lMYt ' ":whou,mme anawnu `o xiM . , a af0 .u1,Nn d io l'r~/~Lar ~.ulwM, ana K.Am+whd/M u+ Il,t f4'UllielO KrcUldn ,fpl ~ CIKy A = naultJ lht sxmr. Q .: .. • ' • Free f ,.:: ilY1~p.`t, /NomrY lbhlh. ' 1{nrl lu; Ilrni,hnKn\,°~Bbt~Be .Idaho (lnmrv P.. y1MP Ij I1 QI97 ~Y~ ~~r ~~ ~~ •• 1 r11•, 1. % ~ ~' r.I-, r. .. nrp;n, COM~iuIENT FOR 7171[ INSURAN~ SCHEDULE C File NumCer: TIM Y 108737 Tire lend referreu m U1 this Commllment is desarl4ed as follows: ~nRCELI: A ?ARCEL OF LAND„ RANGE t WE O SO1CE MERlDIAOiuF ADA COUNTYA DAOHO AND MOREECTION 11, TO`NNSHIP 3 NCRT ^ NER OF THE SAID NORT'riEAST QUARTER OF SECTION t t ; THENG.- ,''nHTICULARLY DESCRIBED AS FOLLO`NS: ;JE~GINNING AT THE NORTHEAST COR, ~ OF THE NORTHEAST QUAP,TER OF SECTIONF E YSMiCH IS AOLSO THE CENTERLINIE OP TINDER ROAD, TO A POINT ON THE NORTHERLY RIGHT-CF-WAY LINE OF NINEPdILE CREEK; THENCE 1 NOP: H9ERLY R GH? OFOWAY LINE OF N NIEMILE CREEK. WHICH S ALSO ALONG A LINE Q 00 FEET tORTHERLY OF AND ?ARALLEL WITH THE SOUTHERLY BOUNDARY OF THE SAID NORTIi CNE-HALF THENCE CONTINUING ^F THE NR ROAD. AILSO SAID PO NT BEIi`G THE REAL ONNT OF BEGINNSNG; LY RIGHT•OF•WAY LIN „F NDE NORTON BEET NOFTMERLYOOF AND PARALLEL PITH T~E SAID SOUTHERLY BOUNDARY 0 0 E NORTH CNE•HALF OF THE NORTHEAST QUARTER OF SECTION 11 TO A POINT; THENCE NCRTH 0 25' 13" CAST 347.55 FEET TO A POINT; THENCE SvI iTH is9 33'47 cAST 1,61 7,41 FEET ALONG A LINE SOUTHERLY OF AND PARALLEL WITH THE NGRTHERLY BOUNDARY OF THE SA+D NORTHEAST QUARTER OF SECTION t t TO A POINT ON THE $q!C •;n;ES T ERLY RIGHT•OF-WAY LINE ROAD; THENCE gCUTi•ti G 36'33"'NEST 352.91 FEET ALONG THE SAID WESTERLY RIGHT-OF-'NAY LINE OF CINDER ROAD T,D TrE POINT OF BEGINNING. cxCEPT DITCH AND ROAD RIGHTS•OF-WAY. ~~ARCfiL II. PARCEL CF LAND IN THE NORTH ONE-hALF OF THE NORTHEAST QUARTER OF SECTI t . T O~^JNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AND MORE PA.RTICULAR~Y DESCRIBED AS FOLLOWS. ,cr_;IyNING AT T!•iE NORTHEAST CORNER OF THE SAID NORTHEAST QUARTER OF SECTION t t; THEN[ j:J tJ I H 0 36'33" WEST 662.24 FEET ALONG THE EASwMICH BSOALSO TRHE CEN ERLINE OF ttNDER BOAC, F TIaE NOR T HEAST QUARTER OF SECTION 11, TO ,q FLINT "+1ARKI4JG THE NORTHEAST CORNER OF THE SOUTH ONE-HALF OF THE SAID NORTH ONE•HAL"r OF THE NORTHEAST QUARTER OF SECTION 1 t; THENCE NCRTH 89 33'4?'WEST 25.00 FEET ALONG A LINE SOUTHERLY QF ANO PARALLEL WITH THE NESTERL'(R GOhT-0F WADY OF LINDEP, ROAOHALSO 3A10 POINT BEING 7HE~REAL POONT OP N THE QEGINNING: THENCE CONTINUING N IvORTHERLY'BOUNDA 61' OF THE NORTHEJ}ST QUAR ER CF SECTIONO tT0 A POINTTTHENCE ID ~vU T H G 26' 13" W cS7 269.25 FEET TO A POINT; THENCE ~rji,~T;-t gg 33'9i" EAST 1,617.41 FEET ALONG A LINE SOUTHERLY OF ANO PARALLEL WITH THE SAID P,ORTHERL'f BOUNDARY OF THE NORTHEAST QUARTER OF SECTION t t TO A POINT ON THE SAID VVESTERL Y RIGHT•OF•WAY LINE OF UNDER ROAD; THENCE NCR i H 0 36'33" EAST 269.25 FEET ALONG THE SAID WESTERLY RIGHT•OF-~YAY LINE OF LINGER ROAD t0 THE POINT OF 9EGINNING EXCL('T DITCH AND ROAD R7GHTS•Or'•WAY. CONTINUED S.NEIJUtE C Gaminnm»nt ,~ • ~ ~>-~ TIM P 108797 PARCEL. iil: gOWNSE IP 9 OR?DH, RANGE t Y EST~6OISE MERIDIAN ADA COUN7YA DAOHO AND MOREECTION 11, PA,RTICUtJARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SAID NORTHEAST QUARTEA OF SECTION t 1; THEN TC A POINT ON THE a 1 ~OQUARTER OF SECTION6z2, WHICHTIS AOLSO THE CENTER L E OF CHERRY LANG E SAID NORTHER EASTERLY RIGHT-OF-WAY LINE OF NINEMIIE CREEK, SAID POINT BEARS ` SOTHE SAID NORTHERL'^Y BOUNDARQOF THE NORTHEAST OUARTERHOF SECTION t tOFROM,THEONG NORTHWEST CORNER OF SHE SAID NORTHEAST QUARTER OF SECTION 1 t; THENCE SCTHE SAID EASTERLY RIGHT OF-4VAYPUNE Of NINEMIBE CREEKO, WHICHOIS ALSO LONG RELINE $ .00 FEET EASTERLY OF AND PARALLEL WITM SHE SAID WESTERLY BOUNDARY OF THE NORTH ONE- HALF OF TIaE NORTHEAST OUAR7ER Of SECTION 11, TO A POINT; THENCE aOTHE NOR6HEASTER Y R GHT VF~WAYE NE OF MNEMIDLE CREEKT OtA PO ,yT~THENCE fEET? ALONG S NORTHEASTERLY RIGHT-OF WAYDLINERN N'EMILE GREEK TO A POINT4ALS0 SHED POONT 9E NG THE REAL POINT OF BEGINNING; THENCE CONTINUWG ~ S p ORTHEA57ER LSRIG pT-Of WAY LINE OF NINEMIOLE CREEK TO A PTOIN7; THENCEALONG THE SAID S NE SAID OREHEASTERLY R GH~ OF WAY LWE OpININEMILE CREEK7O A POINT ON THE ~ ALONG NORTHERLY RIGHT•GF-WAY LINE ON NINEMILE CREEK; THENCE SCE GHT 0~ WAYEI NE(OO NIINEMILE CROEK WHICH IS ALSO ALONG A L NE 4 00 FEETINOR HEREY OF AND PARALLEL WITH THE SOU1HERlY 9OUNDARY OF THE SAID NORTH ONE-HALF OF THE NORTHEAST QUARTER OF SECTION 11, TO A POINT; THENCE NORTH a 26'1 3" EAST 256. t 7 FEET TO A POINT: THENCE N NORTHERL'(, OUNDARY OF THE NORTHEAST QUOARTER OF SECTIpNPAR O THE 10 NT OF AID 6EGINMNG, EXCEPT DITCH AND ROAD P.IGHTS-OF'NAY. END OF LEGAL DESCRIPTION .: r: /' n ' A Pbneer Company PIUNIiLiR TITLE CUMPANY OR AM COUNTY 8HR Nnrth Cole Ru:+J / Duise, IJnho B37DA . f10~7 ~ i~,~5! 9204299 PIONEER TITLE CO. ADA C O U IJ'f 1'. I D. F U Il :,,__ J. DAVID WA'JARRU RECORDER B Q,Jd1'( ~t~ Telephone (2 ~NAItRAN'fY llCsl'sll (INDIVIDUAL) 3 AEI 1100 FUR VALl16 REC:L'IVED JOHN A. DYER. A NIUUWER, AtIU JUHO ALSO7APPEARSFOIsORECORU n5 RENIiESEN'l'ATIVE OF TI{L+ ESTATE OF MARY NAOHI DYER, ^AUMI U'yF.R, UECEASIiU (itantur n , do hereby grain, bargain, sell :mJ ttmvcy unlll'IAX A. BUF:SIGER, INC. , AN IDAHO CORCOItA'I'ION IIIC (iffnllCC ,whuw current :ddross it A47N CLFaJN00D, ROC'uunl IStat coil lnlur,more pnrliculnry described us the hJlowing dcsa ibcd real propc0y in ADA >''• Inllows, lu•wil: SET: nTTACIIFD EKNIItIT "A".NIIICII ISY TIIIS RIipERENCE IS INCORPORATED HEREIN AND MA PART OP AND BIIIGH IS C011PRISEp OF 4N@~PAL`E. Z STATE OF IDAHO, COUNTY OF ADA ON ~I'HI$,l1T~lp~),AY UP JANUARY, 199Y, tlENORE T1E, ' A NOTRAY'PU1tLXGs,.PERSUNALIY APPEARED JOIN A. DYER, KNOWTI TO ME. TU BF. THE• PERSl1T1 ItHOSE~JAMF. IS ~uUBSrCtRIIjEU .'f.0 'IfIC• NI TNIN 1NSTRUMENT AS THE PERSONAL REPRESEN'CATIVG OF ~'ilr. ESSTAS~:pOFY NI~kY NAOMI. TIYER, UL'CEASEDr AIJD ACKNOFf1.EUCED TO TIF. THAT {IE EXECU'CEO U :P~ItSONAL ,REPRESENTATIVE. 'f11E SATf~ lA~ YS ,.CJ , df n r . ;~ s f„7C~ T'Q ..... .Y~I ,rt ti. T'O~IIAVGrSN15TtSIIOLDthesaidpremiscs,withlhcitappurl¢n;uuxswnlolhesnit(irnnlcc +mJCrmtcc heirs and nssignx fniciror. And lhcsaid f;nuuor sJu hereby coven;url ur unJ with thesaiddranme Ibc (irenUrrn are the owner ~ in fcc siwplc Uf said prcmiscx; Ih;d said ptcmiace m Dru from all cncumbranrct, EX4'EPT those lu which Ibis nnvcy:u,re is cxprescly mode subjcd :mJ [bore made, su[kred of drn+e by the Cimnlec ;and anbjcet to resnvations, rCSIrlUinic., .Il'(IiCnllUna, C:Iblancnla, rights of svay mxl agroumenla, (if mq•) of rccmJ, 8nd BCnCI'nl LOxCa anJ naaCSNOI'l1(S, (iuduJus in~iltnlion And utility asu:bsmcros, (if any) fur the atrrcm year, which are not ycl Jue end payablr, nnJ that Gtanwre will wnn:ml mtd do&nJ 16c same fnna :dl I:+whJ dnims whnlsoevm. U:nc.l: Jenaary 07, 1992 J (' ~N YER, PE NA REPRESENTATIVE OF Jil/ ~rA. Il IL' ESTATE OF Y NAOM1 DYER, DECEASED ~ __-__ SI'ATF.OP, IDAMSL- --.. County of 'ADIt-__...-,~s• Uu Ihis__1) __d:ry of r dA1JLACy---, in the year uf. _ 1932___, before me SH&_UNLERS.IGMEQ--.--.. - __`..., _ _ _ ,__ _,nnuWry public. l+rr. sunallynppcn((e~!UOIII'L~:aUYE~_. ---....- -...•~- -__. -_ known ur itFy+iliDcJ to nle Htfiu,thC piiraun :whose nome_ ._ls.__._sul>acribedl~cwithin instrument, and acknuwlcdt;Ld ~ mo l1~jJ _ ' :net rxcmrtcd Jhc s;unu. W 4 ~~t 0. i a .' s NOlasy PDUIic:.`_d~tl~~r'-K'KprAN~ f - - --- t y . ,,1 r .. .. • ' My Conuni.,inn F,xpit cs: ~tL~pr .~~ /~, - A ~_._- The I;ird referred ro .n this Commltms:nLY ascrlhed as follows: ~ A PAPCEL GF L.A,Np LYWG IN THE NORTH ONE-HALF OF 7HE NORTHEAST QUARTER OF SECTION t i,~TOWNSHiP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO ArJD MORE PARTICULARLY DESCPIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SAID NORTHEAST QUARTER OF SECTION t t ;THENCE NORTH 8933'47"'NEST 2,622.49 FEET ALONG THE NORTHERLY 60UNDARY OF ONE SAID NORTHEAST QUARTER OF SECTION t t, WHICH IS ALSO THE CENTERLINE OF CHERRY LANE, 70 A POINT ON THE EASTERLY RIGHT-OF•WAY LINE OF NINEMILE CREEK, SAID POINT BEARS SOUTH 89 33'x7" EAST 33.00 FEET (FORMERLY DESCRIBED AS NORTH 89 41 EAST 33.0 FEET) ALONG THE SAID NORTHERLY BOUNDARY OF THE NORTHEAST QUARTER OF SECTION 1 t FROM THE NORTHWEST CORNER OF THE SAID NORTHEAST QUARTER OF SECTION t t; THENCE SOUTH 0 35'48" WEST 25 FEET TO A POINT ON THE SOUTHERLY LINE OF WEST CHERRY LANE, SAID POWT BEING THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 0 35'48" WEST 523.83 FEET' (FORMERLY DESCRIBED AS SOUTH 000' EAST 523.00 FEE"i) ALONG THE SAID EASTERLY RIGHT•OF•WAY UNE OF NINEMILE CREEK, WHICH IS ALSO ALONG A LINE 33.00 FEET EASTERLY OF AND PARALLEL WITH THE SAID WESTERLY BOUNDAA`( OF THE NORTH ONE-HALF OF 7HE NORTHEAST QUARTER OF SECTION 1 t, TO A FOINT; THENCE SOUTH 15 16'83" EAST 88.52 FEET (FORMERLY DESCRIBED AS SOUTH t5 54'30" EAST 88.3 FEET) ALONG 'fHE NORTHEASTERLY RIGHT-OF-WAY LINE OF NINEMILE CREEK TO A POINT; THEhJCE SOUTH 3t 09'1 G' EAS"• {FORMEAL'f DESCRIBED AS SOUTH 31'49' EAST) 456.59 FEET ALONG THE SAID NORTHEASTERLY RIGM7.OF-'r'JAY LINE NINEMILE CREEK TO A POINT; THENCE CONTINUING SOUTH 3t 09'10" EAST (FORMERLY DESCRIBED AS SOUTH 35 49' BAST} 208.15 FEET ALONG THE SAID NORTHEASTERLY RIGMT-OF•WAY LINE OF NINEMILE CREEK TO A POINT; THENCE SOUTH 70 00'22" "BAST 231.75 FEET (FOAbiEALY DESCRIBED AS SOUTH 70 44' EAST 231.3 FEET) ALONG THE SAID NORTHEASTERLY RIGHT-OF--WAY LINE OF NINEMILE CREEK TO A POINT ON THE NORTHERLY RIGHT•OF-WAY LINE ON NINEMILE CREEK; THENCE SOUTH 89 22'22" EAST {FOArdERLY AS NORTH 89 55' EAST) 2004.61 FEET ALONG THE SAID NORTHERLY RIGMT-OF-WAY LINE OF NINEMILE CREEK WHICH IS ALSO ALONG A UNE 40.00 FEET NGATHEAIY GF AND PARALLEL W17H THE SOUTHERLY BOUNDARY CF THE SAID NORTH CNE-HALL OF THE NORTHEAST QUARTER OF SECTION 1 t, TO A POIN T ON THE WESTERLY RIGHT OF WAY LINE OF CINDER ROAD; THENCE NORTH 0 36'33" EAST ALONG THE WESTERLY RIGHT OF WAY UNE OF LlNDER ROAD t Oot.a3 FEET TO THE SOUTHEAST CORNER OF THE PROPERTY CON4EYED BY DEED RECORDER UNDER INSTRUMENT NG. 9158588; THENCE NORTH 89 33'47" WEST.554,10 FEET; THENCE NGR7N 0 36'33" EAST 258.00 FEET TO A POINT ON 7HE SOUTHERLY RIGHT OF WAY OF WEST CHERRY LONE; THENCE NORTH 89 33'47" WEST ALONG THE SOUTHERLY UNE OF WEST CHERRY Ip,tvE 2068.39 FEcT TO THE POINT OF BEGINNING. Ne CONTINUED • ~~ I"A P 1(;Q921 ~" ~C; p°{ rHA,T PORTION THEREOF LYING WtTHtN THE FOLLOWING PARCEL: 3EGINNING AT AN IRON PIN MARKING THE NORTHEAST CORNER OF THE SAID NOR?MEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11; THENCE NORTNORTHEA,ST QUARTEROF THE ORTHEASTAOUARTER OFSECTION AR WHICH S ALSO THE C'cNTER UNE OF CHERRY LANE, TO AN IRON PIN, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING: THENCE CONTINUING NORTNCRTHEAST QUARTER OF HE ORTHEAST QUARTER OF SE DION AR TO AN}IRON PIN; THENCE SOL`TH 0 aa'S0"WEST 220.08 FEET TO AN IRON PIN; THENCE SOUT F $R~,I.LEL WITH THE SAID NCRLTHERL`! BOUNDARY GF THE NORTHE ST O DRIER NORTO 0 26'E13' EAST 220 06 FEET TO aME PO NOT OFCBEG NNINGN PIN; THENCE C>~~ei ~ i ~ E°~ '°"`9 l :.~$? 1s~YtaN1~ t t k{ ht i ` t y 4' • k ^Y ~~pis 4}X.5:. ~ ~ ~~~ ~ . ~ k: ~ "i t ~ a s xslL t .~~'~._. uT 4,t: ~ R{ ~. z~ N T C'J t 5 y 1S'a~'. ]TP'St~" fi' 4IS~~ t i ,. 1R . F t n d„ yiv ~S taa', t}R ~iE^`~ti ~ kt 4 i~ S a t T; -{y ~3~i t~C i ~ 3 r r ~ x+i X5,1' . 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"" t { I N +~ 3111 ~' 7- ~ ~ ,K {t {ILi'Y N 4{y : ~I#kI ' 1Rii ~~~ R " 'O ':'Q O t ~ i fb ,° x t ~U r M s. {~f{ tt ~ ~~• ~ ii ~ { ~ $ }2 {{ ~ i 1. m 1 f ``' :I; { 0 '' " ~ ~ ~~ ~t• , N O O O ~ t ~#< tlFe{ I t'f L~' K ~ C C H ~~~~~t ~~~~ ~ { ~t.~Fl~fS~y+y ~ i .t~ t t ~ ~ ~ :, t 9 t {~ Z Z n ~ i~ ~~ O { ~ ~ x { ry txSt~ O s < P ': Pf( P t ai'«k` 1 0 a 1I}}I~, I'( {{b~ m .' O K 13-) ~ M {( O - O f + v Ni .. r }` I{ y~~ K ~ 0 ~, .r ~,.~ n. }~ .. ~ < ,~ d { .: ~~~F i r~ ~ ! ~ h ~t ~~ I '~ ~ { Y { i ~ l. p Itf .i ~fi:.: _ ~e $ i , . ~ 3 YY~ ~ t ' , : Yt I V { i ' V ~:. ~ f O t' - m r ~ W 1 ~~y O d OZ ","~ AV p~pyt'' ~i''t" P O , N A y LLS~_ mZ ' Z P N J I9 O O< - ~ ~ C} W Mf d`~".' ~0 O ~f W d - L!r{ .y~; ' (~~~7 O cp N N O p W PN N VI h .. D N O m O N« t F O 1*M.~4 O l t ~ O ~~ ! v _ ,{q, ~ Kr. O tt {t4 W~ ?{ K 1. M ~ R:+ ~ R O K . O .~ O C # t $$$ « a m W W16.T' eo , y m pow ~ ~ aw M ~, m U1 .}fl :0m N wi - N ,. . NS ~ QR J ~ ~ ° up{ I m 7 'Q ~~ ..qN b N ¢ ry ~t p{.~ i ; . I `T PV r a ~ ~ ~4 31. ; ~ ry t. } +' }, ~i tt3*~.,_~ : .T t, _- \ m O ' n ~ ~ ~ m S s - ~ S. ~ w ~ s~ w w. ~- • ~ • w ~n w A w w a+ w N h A A I ~ ~ G, ~~..•~ 4 IV~.GL r. ~ i~t • WARRANTY HEED ror Value Received ARTHUR C. DAVIS and GWENDOLYN E. llAVIS, husband and wife, W. AURTON SMITH and LaRENE SPtITN, husband and wife, and E. L. AEWS and SIILRI.EY G., BEWS, t~uaband and wife, the granloc s , do hereby gran[, bargain, sell and convey unto MAX A. AOESIGER, INC., an 'l.daho corporation, the grantee ,whose current address is fi479 Glenwood, Suite A, Boise, Idaho 83703, cite following described premises, in ......... Pd~ ............. Couctty ldalto, to-wit; A parcel of land lying in the Nortli one-pelf of the Northeast Quarter of Section 11, 'Cownahip 3 North, Range 1 West, Boise Meridian, Ada County, Ideho, as more particularly described upon "Exhibit A" atrachad hereto, which said "Exhibit A" is by this reference incorporated herein and made a part hereof. 9?_OH298.~ f'ION~ER TITLE tA. ADA (`~"'!II'I Y, 10. FOfI _. J, UAVIU IIAVARRO RCCORDf:R QY~~~~ ~~ '92 JflN 23 Aft 1100 y„a _~ y '„ ~ w p, ' A Pioneer Company 9204299 PIONEER TI1'lH CO. ADA C O U tJ'f Y", I D. f U It ;,W., J. UAVID NAVARRO~~f~~~~ RECORD[R 811,,,,Y PIUN}:L:R T}'1'Ll? CC)MPANY Cr do OF ADACOUNTV r o0 88N North Cate Ru:rd / Buisc, Idaho S37(M / ~1o z~ Z.~~_:~-~~ 377'=z71~J 1171 It Telephone (20 WAIiRAN'b'1' lll's1:U (INDIVIDUAL) i'OIt VALUL RE(.'LI1'ED JO11N A. DYER, A ldIUOWF.R, AfIl) JO11N A'. DYER AS PERSONAL 1•:EPRF.SEPr'l'ATIVE OF THE ESTATL• OF MARY NAOAfI DYF_R, WHO ALSO APPEARS OF RECORD AS IIAUMl UYF.R, I>L'CEASIiU (iuurlnr s , du hereby grain, hargrcin, sdl ;uul convey unloMAX A. BVIiSIGER, INC. , AN IDAHO cottrrnsn'rlofa the (iruNec ,whusu current address is: 6h 79 G1.IfNW00D, kOISE, ~IU 83103 tlu: fullu+ving dcsclibcd real property in ADA Counly,Slateo[Idaho,morepnrliculirydcscrihedus follows, tonviL• SEI; ATTACIIIiD EXtI11;IT "A" (dHlCll IfY PHIS RfF'ERENCIi IS INCORPORA'1'ED HEREIN AND MADE PART 01 AND NIl1CH IS COMPRISED OF rd[~~1'AOE. Z~ STATE OF IDA1f0, COUNTY OF ADA UN 'I'HIS,IJT~1t:+U,GY U1~ JANUARY, 1992, BEFORE ML•', ' A NO'I'RAY•PL'D,L1CS,.:PERS~N(aLLY APPEARED JOHN A. DYER, KNOWN TO ME, TO BF. THE PERS0P1 k'HOSE NA~F:•IS• S~U8fja4RP'1}Ell :'LO 'IHE W1.THIN INSTkUMIiNx AS 'fHF. PERSONAL REPRESENTATIVE er• ~'}Ir. E TA+RiQpO>~ Ml}'u«4 pAOMI. JtYER, llIiCF.ASED, AIdD ACKNOWLL•DGF.D TO ME THAT HE EXECUTED THE 5AN ~ U ti$,RSONAL ,REPRESENTATIVE. 1;~'l'ARY. 1+1fBL1C: ~~ . filE I~J,NQ A~ ~~ t70 L S OtN F,Xit Iti1S;t ' + r ~ r ~+ t 'PO 11,1VLx\N15,"1`f~ IIUIa? the s:+id premises, wilh lhci+ :+ppurlenaoccs urlo the sail (irmlice , and Gr:ultrc heirs atld ilp5i~+,n$,~fOtl:\'L?. And the sail Grantor sdo hereby caventurl to uud with the said Grantee ,(Ire Uraatnra are the a+enor s in 1'cc simple of said promises; that said premises arc free from all cncumbranres, EXCEPT those to which ibis cunvcy;uu:c is expressly made subject and those mudr, suffered or drnle by the Ciranlee ;and subject to reservations, reslrictiom., dediculiuns, casement,, rights rf way noel agreements, (if nny) of record, and gcueral foxes and assessments, (indudcs in;gal iou and ul ility assessmcros, (if uny) for the cuntm year, which are not ycl due and payable, and thin Gt anturq +~ill +v;u r:+nt and defend the s;unc front all lawful dninrs whatseevcl. 1)atcd: January D7, 1992 l ~ !(' (/ J99 N YER, PE NA REPRESENTATIVE OF ~lL' ESTATE OF Y NAOMI DYER, DECEASED 51'ATF (tl', IDAlls2- _.. Coumy of ' AD.A___.. - , xs. On Ihis_= ? __d:ry ul' ~ It~ItLrr?ry. __, in the year uf, _ 192, before mc,,,'HE_llN3)ERS30N&~_. .. - _ __ ___ _ _, n notary public, pcr- sonally;rppen(~et},.91fJHN~~:::c UYEB-_., --.., --- ----..'... ---- ---- known or icY~+ilified tci me t4}J>i! the Iicrsun ,:whoxe nantc _ ._ i.s._ . _.subscribed fu the wi(hin instrument, and ackno+tlcd(tibd r ore t11':ri _ tiM.~ cxamted the same. ~ ~ ~ ,s ,, ~j ~ .. + ', • ~, ~ . ~ , _._. _- ~ t . r; Rcsidiugat .._~ ~ .---_ --- • ~ ~ w 1 r My Comm+s;inn Expires: __i5?~~ z ;; zp a 7 ~ 44> h~ % O~ Ct: N i ~~ ::$ A Q 5~ ~4 L1- a~ a ~~ p. z~ e 5~ '~'- -s° ~i={p Sn ~~ w a"3 m. .,, E_ ,0, 6i1lYW! +F~ A;~$~~$ 3 )~~ ~9?aa~~~~s~Y~ 0 0.0 ,I I~I ~~ II ~;,,~ ii tii l~ I~i ~~ {~ ; id~ ~3i~~t{ t~'~ ~~ ~_ ~ ;FF~ ~yi~¢l 111 1111 ~!.•; i , t ~~~+1~ i~ls ~~ ~ ~; 3~#i i1 1 -+' a' il~itciP {~1e ,~ iq !~ B$ S1t11 i'rd:akkhnlkGACktz4l~t%li@;t!„1klaCS§blt::;kSii k~ ^II6ld}::?^le-k'agAAPt`if`SAk:OG:4s~Rksi-E~AB= [-#Attl'ih4A0.A9689AS531:1!G!B^.:9i;klY:§iG3`~a!]f '6Ji"il~i~peni n~}P9%i•YA!i•°Oipt6¢89'4eRii:greax~ A :%Ae:aar4ao4nac.u¢a %RSS9erae9=exa¢exxsq: a4 ~sia:Ae±z%eex^-49i9k Ga9YaA: eea%eaaevase%%ano ..9 i;e ciF:a 9YAA%-99%A46999 if AA 9.F«9999:1089~AF A$iAAi 39P:. eexq^%Y.~a>Y4Y=:.x%a:er:x:z%.R®leafl%:%-aia •68P Hfr 68889B66A89H9HBAB AHA909Pa AG6H66868698E 3A V8 ~G¢i 54~ "4R S,RXPRA}%-A4RRPIAS 4-4 R4Rx 63 %S :A _%GA 43 a9 :^A6tR3APP'9.i'v.::.iil:)Y^iA]S>'aPk4btbkA54bia'i*~4 ?t:'.^.?aP3ARLkA%AY>F %ifYYL4^i tiEPP6^S`t:A::'sSkA?_ C4?Aui4A4: kG'->ik1tA1Ib 4:.e.a_A 4ff4.%ffa `w` .S y 'a•- -%_ 4FYYF%F3R Fi iA:isiiif 9: a Y _OYUD'AWIi T' --- Z~ e a +~ (i , ~ zu, h Y • 3~ L: I, S` / _ ~~ h \ {~ O\~ ~ F/ \6 ~~ O ¢ t bl + • ° \\' "1 N MF • \. .~ I• I L ~ ~ -i ~' ° a t i r+ ~ a ' 'I ' Y 1I n I I+ • w. I I I pp O CI V ~ I T Y R t • • 1 I i iew ! P A. OT. IYfAf Y I'o I u c+ PI Y J t~ ° e~zot u~ t u 9 ~ 1 8 _ t w ' i~ 1 I u~• I/y. d~'•~~~ •'A ~1 a •~~ ^ F w o G t ala ~~ ~ a RY e ° i evx a Y~ i wut' ~1 a u I ~ ~ e I ~, - _ ~ c I LR 1C1 /11110 ~f' •• ~~• 1 I. w ~~f t ) 1 ` j 'n~ p _ I? C I ~w 4 `OkT Y l ~ Y I~C \. /Y IL 1 I =~ ~J4 f l o [ Y w is Y \~ ~' ° I s I I I I w I Y pgp9i I , °ku ~ 1 ~ 1 fi ° Il~~ ~I .e !L Yj Is .r ~^~ /s. u i • ~"\y .'i I I ~ ~~~ t O D ' I Lt \. I 10 i ~~ ~' ~ I~~y I wNI y~\~y Y~/~ °~Y ° W I' ° ~ I J w ~ I Y ~ °S•• II w w p Ij Y~ N Y ~~~ ~'y' I y~ t' x ~ I, ~~ ~ I4 ~ I y 1 I P I O I C 'i5 l le Y Ip M ~511~ I I` Y I 1 •~ hf ° l i{9' 6/dL t1T ~ ~ \ / Y n V I N / ~ II j exx hD ~'• ~I f Y 4 .- I4 .. ~[~I~. I r {4 ~~ j _ --..=uwMw__ _ _ -_ ~ _ _-• 4~ ~IT' L .~.x 7~ + w r1 i ~ v• _ ~ ~ ~ - e w u. £ c N j ~ \.., . w ~~, -_ .~-Z C~- r rr r ~~~. ti • r ~_ ~.~.~. wY ~rf L ~~.r~ .~~ty }1 k ~_ !TD'S ~' ig ~~. !.~ 'S ~~ ~. it_-r+i_.. +e f •Sl~ FJ'3 F ' ' l ~i. p~ F i. ~ lYy } A~~•r ~~ k • S C _ 4 1 k.] i .~ -. ~ ~.~h 1 f} 'r -< i ° a ~ ~~ Y ~' .R ft ~ r• J ._ ~~ ~ ~ V~ ~~-~ .iil .~.. ~~e: I Letter of Credit west ~~ Bank, ldahn, N. A Internadonal Banking Department . ~~ 101 S Capital Blvd., Boise, Idaho Post OBice Box 8247, Boise, fdaho 88789 Telephone:20&8837600 Fax: 20e-883T69 ~l[ ' Telex: 262342 Mswerback: WEST ONE BK IDA g City of Meridian z 33 East Idaho Avenue Irrevocable Standby ,~ Meridian, Idaho 83642 Letter of Credit No.: 64045 ~$ Dated: April 17, 1992 ~ - Y ~ Expiration Date: October 30, 1992 At Our Counters `o g Dear Sirs: a '_, We hereby authorize you to draw on WEST ONE BANK, IDAHO, N.A., BOISE, IDAHO 83733 E V d For account of Max A. Boesiger, Inc., 6479 Glenwood, Boise„ Idaho 83703. 5 'ye Up to the aggregate amount of******USD4,000.00 .(FOUR THOUSAND AND NO/100 U. S. ~ DOLLARS)**** available by your draft(s) at sight accompanied by the following ~ documents: T The original of this letter of credit for endorsement. tr Your signed statement that Max A. Boesiger., Inc.. has failed to perform or is in default of installation of street lights to The Vineyards Subdivision No. 1. e Partial drawings are permitted. ~. 5 All drafts drawn must be marked: DRAWN UNDER WEST ONE BANK,. IDAHO, N.A. LETTER e OF CREDIT N0. 64045 o € We hereby agree with drawers of drafts drawn under and in compliance with the ,~°~ terms of this credit that the same shall be duly honored on due presentation to v the drawee. 5 a 8 '<^ Z g 5 .fi s 9 D i N y y .9 V 5 Q q 4 a L W i _ A n CR0051318.89~ t~ // onaimi rsuw-wppxum's txpy ntnk- ta?1r7.Y ri. L.'Z~ui F91~~uC Gstanroa-nekrowNep,msm onsnswmnbmi e.nun, p, P~l~ ~.'VAG P8 FOIm 3877, Oc[. 1988 FOR REGISTERED, INSURED, C.O.D., CERTIFIED, RETURN RECBIPf FOR MERCHANDISE, AND t. r r -~ y m U A W r O ~D OD J T lI~ W N ~+ n '. n- < T M Z~ < me WrpD m Z N ~m (n m o ~ (T N Ol H dt r In H In N lP ~ lJ1 r lT r Ol H lT r Vt iP = D3 m . ''a N F-~ O l0 !b J ~ lP ~P W N ~.g n m _ mm mo W g_m m= q C ~m aaa;U777 rnd OE ~ O~ nNi~ rO ~ ln~ rn`tt,,~77 tn xl rnc~-• O~t n ~~~9 rnern ID tlJ wW~ O< ccyn H O ~T3~ J>C c~m r ~ ~ t-~~ Hof °~7° »~ r (D3 N~b ~ tn~ iDO ~IC ' " 2g OZ to;p ~~7 ~T1 •G' ~ Hy Cr]b ~?+ ] y y rt+O 'L ~ ^ C~J Z ~-!° o q~ ?~ X O Q ~i :D ~V S' b G G1 E a+ DC FC C • H •7L N ~ G r [!I L a 3 ~ :~ ~• o In CJ d 4 H?J H In r. R+ N 01 O P7 ~ x$ H OR+ m (/) ~" ° m cn d 2 tm [+7 m ~ r Hm h3 xH m~ w ~ O o \ ` x g ~ • gam: g nm m w E r R' •~ C. 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CERTIFIED, RETURN RECEIPT' FOR MERCHANDISE, AND EXPRESS MAIL m» •• m to A W ~+ O ~O 0o J D\ U W N ~ ~ D a Pc Z~T yo ~ ~^ 2 9~0 na m Dc 3 .P v .S ~ m" 0 C a -a W N W H ~ ~ dllt m 3 c Z C~1 H F - ~ N C7 £ ~ .~ y ~ "~' y H 1 ~ C ` 9 ~~ ' ~ ~ ~ d 2 I A ~ ~ 7 0 .. m C] (~ ~{]j C j ~ R'' ~ S 4/9 mm ~R~ Y'.R+ ~~ nn ~~7 ` ~ r~~ ~~ C~J ~ W ~ 3H ID C~7 r Pf1 Z C ~ o H A N y~ o om d o4 $ r ~ ~ n ~z~ ~? ~ ~ a _ ~ ~ ~ 8 ~, o dz ~ ~ ~ H g a o oz ~ +~ m D 3 W W ~ ~ Gp~ dt W m ^ ' o , N N. N )~ ~ ~ f A m ~ s ~R d ~ h a~`O~, ^ O o LJp T b V m GL lx*1 O p ~ m m ~ 'rn a 33 m m~ T ~_ ~ m m m _6'O .. O O `2 ~ ~ ".] ~ G ~ ; Tp~ 3~ ~ ~m J o^~~ p~. Q 7 ~ ~ ^ rao a m 'a GO ~~_~~ m~ o y 3 ~ °a m m ~~ F° m ° ~$ m~a~~ 'x1 K o~ w 0 3v' .e ... =D +n , e, ro i; ,;, ~J 6 ~ m C. . 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