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Firelight Estates AZ PP • • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer RONALD R. TOLSMA GARY D. SMITH, P.E. City Engineer CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief MERIDIAN, IDAHO 83642 SHARI STILES Planner & Zoning Administrator WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Public Works/Building Department (208) 887-2211 Chairman -Planning 8 Zoning GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Ta insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: A ril 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z -GRANT KINGSFORD, MAYOR ----RONALD TOLSMA, C/C -BOB CORRIE, C/C -WALT MORROW, C/C -MAX YERRINGTON, C/C -WATER DEPARTMENT .-SEWER DEPARTMENT -BUILDING DEPARTMENT -FIRE DEPARTMENT -,POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING ANU ZONING COMMISSION IME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission rill hear the request at the monthly meeting folloring the month the .request Mea made. After a proposal enters the process it may be acted upon at Subsequent monthly meetings provided the necessary procedures .and documentation are received before 5:00 P. M., Thursday folloring the Planning and Zoning Commissior, action. GENERAL INFORI'1ATION 1. Name of Annexation and Subdivision, Fire Light ..Estates 2. General Location, NEZ of Section 3, T3N, R1W, BM.Ada County 3. Owners of record, Ann E. Crawford 3095 N. Ten Mile'Rd. Address. Meridian, ID Zip83642 Telephone 883-3725 -640 S. Maple rove 9. Applicant. Running Brook Estates InaAddress, Boise, ID 83709 5. Engineer, James E. Holden, P.E. Firm Hubble Engineering, Inc. 9550 Bethel Court Address Roi ce_ TD . Zip 8 70 Telephone 322-8992 6. Name end address to receive City billings: Name~unnin~ _y_• 1434 N. Meridian Rd. _Br~.ak Estates, I1laidrees Meridian, ID 83642 Telephone 888-1375 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 8.14 4. *Running Brook Estates, Inc. An Idaho Corporation 2. Number of lots 27 _ Glen Johnson, President Steve Anderson 3. Lots per acre 3.. 3. ~. Density per acre 3.3. S. Zoning Classifieationts) R-4 .. 6. If the proposed subdivision is outside the !leridian City Limits b t u within the jurisdictional •ile, what existing zoning classl zcation RT is the 7. Does the plat border • potential green belt No 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the Explain . City Wo • 10. Are there proposed dedications of common areas? No Explain For future parks? No _ Explain ll. Mhat school t e ) service the area Meridian r do you p opose any agreements for future school sites No Explain 12. Other proposed amenities to the City X mater Su 1 PP Y -- X Fire Department San; tars w Other Explain 13. Type of Building tResidential, Commercial, Industrial or combination) Resident'al 19. Type of Dwelling(s) Single Family, Duplexes. ?lultiplexes, other Single Family 15. Proposed Development features: a. ?linimum square footage of lot(s), 8,000 b. Minimum square footage of structure(s) 1,500 c. Are garages provides for, Yes square footage 576 d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe_ 15.'. landscaping easement on the west side of Ten Mile Road t2) • • f. Trees rill be provided Sor No Trees rill be maintained 0• Sprinkler systems are provided for No A. Are there ~aultiple units No Type remarks i. Are there special set back requirements-- vPG • Explain Setback for Lot 14, Block 2 is 33' ~. Has off street parking been provided for- N_ Explain k. -Value range ~f property- $115,000 to $165.000 1. Type of financing for development Standard m. Protective covenants rere submitted, No .Date - 16. DoeE the proposal land lock other property No Does it create Enclaves- No • STATEI4ENT5 OF CO?'1PLIANCE: 1. Streets, curbs, gutters and sideralks are to be constructed to standards as required by Ada County Highray District and Tleridian Ordinance. Dimensions rill be determined by the City Engineer. All sideralks rill be five t5) feet in ridth. 2. Proposed use is in conformance with the City of ?leridian Comprehensive Plan. 3. 9. 5. 6. Development rill connect to City services. Development rill comply rith City Ordinances. Preliminary Plat rill include all appropriate easements. Street names must not conflict rith City grid system. t3) THN-14-1994 17 11 FROM CITY OFLMERIDIAN TO 3?80329 P,01 • • APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE MEttIDIAN PLANNING AND 20NING COMMISSxON FxLINt~ YNFoRMATION I. GFNSRAL INFORMATION ~i~/'e ~ i l?1~ ~Sf4TcS (PRVP^v.°~c r~`i NnMJS VC- ~UxsUi VI$ION) J1lE' ~l¢ oaf' .~cfioh 3 T3i1! Rt~J .8il~l - .4da C®u.~t (GSNSRAL LOCATION} ti c 4 (LEGAL DESCRIPTION - ATTACH IF LENGTHY) ~4hh ~'• G'r~aw~•~ S88 3 72 S (OWNT~R(S) OF RECORD) (NAME) {TELEPHONE N0.) 30~sX, Tin Ali le ,Z'd. ~1er~rc/i~th, /1) (ADDRESS) Ru.~,.~~,~9 B~oo~e~ ~'st~~s, /.~, Glcah S l~.ss o~, Res . A n lcly ~i o f®rPm•+s r"i ®n SfCCJe s4-Ka~e.~sArl 8 88`! 37S" (APPLICANT) (NAME) (TELEPHONE N0.) 1434 N. t~?~rdd:a.~ ~P~•~Mcr~cr':a.~ , /~ 8'3G4Z (ADD&ESS) " GlvJ'J `°S L=. ~~~ P~' '~' ~Ll~6lC ~fq / N ~°CI^i N TIC. { BNQINBSR, S~IRV~iY'OR OR PLANN$~t ) { NAMD ) ( TIiLffiI'HONB NO . } 5'S'~D_ 8e,,~'h.~/ ~ycrrt Baise, /O 837oy 32~-894Z (ADflBESS } ,4~c~ ~n fq aK~{ GD~fz1 m~ Mr~ridarl (JURISDICTION 3) gEQUIRIN APPROVAL) H D SUBDIVISION - RF3ID$NTIAL, COMMERCIAL, B•l¢- ACRES OF LAND IN CONTIGUOUS OWN$R9HIP. _ • ( ACCFFTBD BY r ) ( FBY.j ~ z v ENGIN.c_ • CJ '`'~ ~`~ RUBBLE ENGINEERING, INC. \9w ~~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 RV February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Fire Light Estates Supplemental Submittal on Annexation and Rezone Dear Ms. Stiles: ~c,~v FF9 ~~ C.'y~ ~ ~ ~99y ~F~FRI,p~AN As discussed with your office, attached are 30 sets of a supplementary submittal to the annexation and rezone portion of our February 11, 1994 submittal. We appreciate your cooperation and assistance in this matter. If you should have any other questions or comments, please call me at your convenience. Sincerely, James E. Holden, P.E. Attachment as noted JEH/bh/649.1tr cc: Steve Anderson (2) • FIRE LIGHT ESTATES APPLICATION FOR ANNEXATION APPROVAL AND REZONING The following are responses given to the items needed for annexation and rezoning. The numbers used are the same as on Meridian's form. Item No. 3. See attached Fire Light Estates Rezoning & Annexation Request -Owner of Record Authorization. 5. Two easements exist on the subject property as follows: A. A 25-foot roadway easement along the west side of Ten Mile Road. ACRD has requested this be increased to 45 feet. B. A 50-foot Exclusive U.S. Government Easement along Nine Mile Drain. The centerline of this drain coincides approximately with the western boundary of the subject property. The Nampa-Meridian Irrigation District and the U:S. Bureau of Reclamation has requested this easement be increased to 100 feet (50 feet each side of the property line). The layout of the lots affected by this easement contemplate measuring the required setback from the easterly existing top of bank, plus an 18-foot allowance for an access road. Both of these easements have been shown on the submittal application Site Plan titled Preliminary Plat. 6. The present land use has one single family residential home as shown on the included site plan and designated Block 2, Lot 9, and the remainder of the property is unused pasture. 7. The Proposed Land Use of the subject property is .single family, Low Density Residential District, Zoned R-4. 8. The present district is Ada County. 9. The proposed district is City of Meridian 10. This property is presently not being used in an economical or socially useful manner as described in Item No. 6. The properties to the east, southeast, west and northwest has been annexed and rezoned R-4 with the result that this property has become an enclave. Utilization of existing utilities will be enhanced by this annexation and rezoning. Also, the increase in the roadway right-of-way will permit widening of Ten Mile Road in the future. ! • 11. As discussed in Item No. 10, the rezoning of this property will eliminate an enclave area in the City of Meridian, and is completely compatible with Parkwood Meadows to the southeast, Candlelight Subdivision No. 1 to the east, and the planned subdivision Englewood Creek Estates Subdivision No. 1 to the northwest. 15. The proposed zoning amendment of changing the existing RT zoning to R-4 is compatible with the Meridian Comprehensive Plan. 17. See attached Fire Light Estates Rezoning & Annexation -Posting of Property. '\,\~ ENGI~yF~9 • • `' `~ RUBBLE ENGINEERING, INC. v y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 ti0 SURVEyOQ February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Fire Light Estates Rezoning and Annexation Owner of Record Authorization Dear Ms. Stiles: I hereby grant our permission to Running Brooks Estates, Inc., an Idaho corporation, to submit a request for the rezoning and annexation of our property, located at 3095 North Ten Mile Road on the west side and approximately 700' south of West Ustick Road, as described in the attached legal description into the Corporate Limits of the City of Meridian. This is done in accordance with Item No. 3 of the Annexation and Rezoning Requirements of the City of Meridian. 2Xnn E. Crawford ` Owner of Record ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~' -~~~~;y~( day of ~ , 1994 personally appeared ~~ ~ • ~ ~~and known or identified tome to be the persons whose names are subscribed to the within instrument and who acknowledged to me that they exec the same. AA//~ ' oovo~oeuuaveep~,t.., v"tary~Public for Idaho g°,~~' •° s~~'• Residing in -~ Idaho m 0® ~CTARy ®~ My bond expires: ~ JZ~ 99 ~ °®'~ '~` * . ®AU B LAG °°ao+~ O F ; 9oooaoo `' `~ RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9y0 SURVEyOQ~ February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Fire Light Estates Rezoning and Annexation Posting of Property Dear Ms. Stiles: I, James E. Holden, P.E., hereby promise to post a legal notice of public hearing for the subject property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with Item No. 17 of the Annexation and Zoning Requirements of the City of Meridian. ames E. Holden, P.E. RUBBLE ENGINEERING, INC. ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~r'~" day of _ ~RV-~in( , 1994 personally appeared ~YV~~s ~ ~ LDS whose name is subscribed to the within instrument and who acknowle ed to me that they ,executed the same. ,e<<e~ aye ur~~~ej° Nota Public for Idaho .~° ~r,,4' ®°' °• ,~'„~„ °°° Residing in rev ~ 'sue ,Idaho ~ ~~ e ~yoTA.Ry ®~N My bond expires: _ Z9 ~ ~ ® ®•-~ a A G '~ ~" UBLZ ° ®® ,~ °° ~ •eeo•®• 1Zy O° NOTICE OF HEARING u 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 p.m., on June 21, 1994, for the purpose of reviewing and considering the Application of Running Brook Estates Inc., for annexation and zoning of approximately 8.14 acres of land located in the NE 1/4 of Section 3, T.3N, R.1W, Boise Meridian, Ada County, Idaho, and which properly is generally located West of Ten Mile Road and South of Ustick Road. The Application requests annexation with zoning of R-4. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 27th day of May, 1994 WILLIAM G. BERG, JR., CITY CLERK • 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 p.m., on July 19, 1984, for the purpose of reviewing and considering the Application of Running Brook Estates Inc., for a Preliminary Plat for land located in the NE 1/4 of Section 3, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located West of Ten Mile Road and South of Ustick Road. Applicant requests Preliminary Plat approval of the parcel of land above described for 27 single family dwelling lots for Fire Light Estates. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hatl, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 27th day of June, 1994 /~~ ~ WILLIAM G. BERG, JR., CITY CLERK • • 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, Meridian, Idaho, at the hour of 7:30 p.m., on April 12, 1994, for the purpose of reviewing and considering the Application of Running Brook Esstates Inc., for annexation and zoning of approximately 8.14 acres of land located in the NW 1 /4 of Section 3, T. 3N, R. 1 W, Boise-Meridian, Ada County, Idaho, and which property is generally located on West of Ten Mile Road and South of Ustick Road. The Application requests annexation with zoning of R-4. Further Applicant requests Preliminary Plat approval of the parcel of land above described for 27 single family dwelling lots for Fire Light Estates. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 22nd day of March, 1994 i2~~~--~~~~~ i WILLIAM G. BERG, JR., CITY CLERK .`- r 'lic,~ a ~ ~ 8~3 iit~ 8 311 Wt~i{R~N'TY DEED ~ Por Value Receive3 JACK A, CHARTEhS A.1D DIANA LY::tiE C}::+RTEP.S, N[:SBAND rL':D NIFE ' the grantors , do hereby grant, bargain, sell and convey unto A.ti:d E. CP.Ai.'FORD, AN GtvT1ARRIED PERSO!t the grantee ,whose current address is 3095 ::OATH TEN MILE ROAD, *:ERIDIA~, ID 836~~2 the following described premises, in ads County Idaho, to-wit: AN IitP.ECULAR TRACT OF LAND LYL•:G I:1 LOT I, SECTION 3, T04.'SSHIP 3 ::OP.TE, RASGE 1 WEST, BOISE 2iERIDIAy, ADA COL'STY, IDAHO, DESCRIBED AS FOLLOhS: BEGINNING AT A POINT SOUTH 0°7' EAST 255. i5 FEET FRO!: THE COP.::E?, S1'O::E OF THE NORTHEAST COR.\ER OF THE NORTH EAST !t OF SECTION 3, TOi;NSHIP 3 tiOP.TH, R„5GE 1 WEST, 80ISE l~RIDIAN; THEtiCE CONTI5L'Il:G SCUTH 0°7' EAST 1054.:5 FEET; '1Y.E*;CE SOUTH 89°52' WFST 5E FEET; THE_tiCE NORTH 56°8' i.'EST 100 FEET; TH~CE NORTH 33°32' 1+'EST 30S FEET; TdENCE NORTH 47°25'EAST h44.20 FEET; T'dENCE NORTH 0°7' EAST 25.22 FEET; THE.'.'CE SOUTH 89°53' EAST 255.75 FEET TO THE ?OI\T AND PLACE OF EEGI::\ItiG. EXCEPTING THAT PORTION OF THE NA:fPA A::D *SERIDIAN I?LIGATION DISTRICT DRAI':Ao-E RIGHT OF WAY, AND RIGHT OF WAY FOR \ORTH T.': MILE ROAD. n Ada County, Idaho, s! Request of gAFFCO TITLE .It/,e //; 301 M DATE ~ ~~ !~, *'`^H.S D~ BE'~NG RE-RECGrZriED ~J C0~ _". :,EGAL D:.I?._?='r,P` d0-„eQ,S,cIDA / By -~~ ( ~ ~ Dep Y TO HAVE AND TO FIOLD tbn said premises, with their appurteraaces unto the esid Grantee her heirs and assigns forever. And the said Grantors do hereby covenant to and with the said Grantee ,that thep are the owner is fee simple of said premises; that they are free from allincumbrances except current ;ears taxes, ri¢hts of c:a}•, easements, restrictiuns, reservations and irrigation assess eats. and that t hef will warrant and defend :he same from all lawful claims whatsoever. Dated: JUNE 17, 1987 1-C ~ 7'~ • ~r~i -Ci/ CK A. CHARPERS O ~ ~ •I ~ ~ i. E,1 ~i1'Y'JY ^ ~ t r ,...Q~ DIA.\A LYE\E CN' TEAS Y mow, `~f1.,..a..~/~ . J ~ ~ t ss cotnny~~ nD ~ ~ V - : v ' :.;fri Mhis ~1-} ~ ; f ~daY.o! fJL".~E m the Y~9QI9:1 87 be meFi j~onq• Public, penena::..; :Kared ~ JAEiN-~.~C,~'•,~'i~y DIANA LY?K1E C:;.-3IERS ~ knu:4p ~~~•ntiGed to me'o be the person whose naa+: 5 ARE subKri~ ~1 ""'o~h~wFhin t:tsirumcnt, and acknowledf;: ;e me rhal they execuled.lhe~satiie. hu r Po,hitt ~ Re i urr nI O I ~ /dph,. ~ ..... ......~. J ................. J COMM. EXPIRES ~_~~ _ f ~ STATE OF IDAHO, COli\TY Or^ ~ I hereby certit~ that this izlstrnment seas filed for record at the regneat ct SAfECO TITLE at ~Q minntes past ///•--~~~~,.! o'clock PDf., thi / g~, dsy of ~L,(~('Q/ . 19 ~ia my otSce, and duly recorded i ook of Deeds at Page JOHN BR~Tt~A Es-0tEeio Recorder By- Deputy. Fees = MaD to: z C Cz7 z .~ z 0 C'1?1~~ :7 "~ 't) ~~~_ T ~ -a c~ ~• ~ ~zmc-,s _~~~:; ~QO©~ 3 - c, =r~-a a ~ZN ~v) it cn p - _,., ~~G~~ ;i o~rnr'SJ oO~ ! A e~n.~ a+«~e .~ T 3 N 7~ ~~~~ ~ i.s ~e~~ ~ ~ ~~ a ~~ ~~~~1~~ i $ E~~3~~ 9A:~~ ~~~~~~~fa ~ =a ~x 9~ ~ ~5 ~~ Y ~ p3~ e[ ~~ ~~ s~ i ; b a Y ~ ~~:~1R=~N $~ ~~q~q,b~~ b4~1l:i ~~~ a 19~~~~~ o P T 9 71 iR P 9RF~9~' f ~~r i9 ~~ ~ ~} M ~ F ~_ W 2 Q w H J W ~ . L~ ~~~ ~~t~ ~~~ ~~ ti C~ ' ~~ ~W ~~ V ~~ ~~ ~ ~ ~. REAL ESTATE SALES AGREEMENT. ~~ ~ ~~ ± ~~ ' • ~ ' ~ ~ ~~ ~,''" "~' •.. _. ... _... _._~r. Between : ANN E . CRAWFORD, A SINGLE WOMAN, _," ~~, ~/,~ ~'-• -~ SELLER, .~ and RUNNING BROOK ESTATES, INC.,. AN IDAHO CORPORATION, BUYER: THIS REAL ESTATE SALES AGREEMENT, made and entered into this 27tt~day of JULY, 1993, by and between ANN E. CRAWFORD, A SINGLE WOMAN, of 3095 N. TEN MILE RD. MERIDIAN, IDAHO 83642, the party of the first part, and hereinafter referred to as the "Se21er;'•~~and RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION, of 2460 S. MAPLE GROVE, BOISE, IDAHO 83709 the party of the second part, hereinafter referred to as the "Buyer," • W I T N E S S E T H ~ '•~~ That for and in consideration of the sum .of•~TWENTY-TWO THOUSAND DOLLARS ($22,000.00), being the•down •paymexit-hereinafter mentioned, in hand paid by the•Buyer,• the receipt whereo€ is hereby acknowledged by the Seller, and of the covenants -and agreements herein contained to be kept and performed by the parties hereto, and of the payments to be made by the Buyer to the Seller, IT IS HEREBY COVENANTED AND AGREED by and between the parties hereto as follows: . I. The Seller hereby agrees to sell ,to :the 'Buy~,r.;~nd' ahe Buyer covenants and agrees to buy from the Sel l,er, ~ ~th~e ~ real p~'operty of the Seller situated in or near the Gitx..of.MERIDIAN',.IDAHO,.County of ADA, State of IDAHO, commonly referred to as 309.5 N. TEN MILE RD. MERIDIAN, IDAHO 83642, and more particularly, described as follows, to-wit: ~ ~ ;' An irregular tract of land lying in Lot 1; Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point South 0 Degrees 7 Minutes East 255.75 feet from the corner stone of the Northeast corner of the. Northeast 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian; thence continuing South 0 Degrees 7 Minutes. East 105x.25 Feet; . ~ • thence thence thence thence thence thence and PL South North North North North South ACE OF 89 Degrees 56 Degrees 33 Degrees 47 Degrees 0 Degrees 7 89 Degrees BEGINNING. C~ 52 Minutes West 56 feet; •: , 8 Minutes West 100. feet; ~: 32 Minutes West 808 feet; '~ 25 Minutes East 4.44.20 feet;: •• • Minutes East 25..22 feet:; • 53 Minutes East 255.T5 feet~to the point EXCEPTING that portion of the Nampa and Meridian Irrigation District drainage right of way, and right of way for N. Ten Mile Road. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in`~,anywzse~a.ppertaining, including, but not limited to, all water rights,:ditches•and ditch rights; BUT, SUBJECT TO all reservations in patents from the United States of America or in deeds from the State of Idaho to said described premises, and SUBJECT TO all taxes •~and..•'ass~ssments levied and assessed or to be levied and assessed against said described premises. for the present calendar year and all years subsequent thereto, and SUBJECT TO a21 easements and rights of way visible upon said described premises or appearing of record in the office of the County Recorder of ADA County, Idaho. AND SUBJECT TO THAT CERTAIN DEED OF TRUST in favor of First Security Bank of Idaho, National Association dated June 18, 1987 in the Original principle amount of $108,000.00 and with Title and Trust Company as the Trustee and recorded as instrument number 8736117 Official Records of Ada County, Idaho and having a current and principle balance of approximately $103,720.38, and a second Deed of Trust in favor of Commercial ire i Corporatiom•in the original principle sum of $11,212.96 and dated February 2, 1993 and recorded as instrument nu~~~er 8618 Official Records .of Ada County, Idaho, with the current principle balance -being approximately $10,027.59 and said encumbrances repayable in the approximate sum of $1,108.00 per month and $254.0_4 per month, respectively. '-' - -~"" II. IT IS HEREBY COVENANTED AND AGREED by and' between ~the~ -.parties hereto that the purchase price of all of the property'here'inabove described as being sold by the Seller to the Buyer and being purchased from the Seller by the Buyer, is the sum~of ONE-.HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($185,000.00)• lawful: money of. the United States of America, together with monthly interest only payments in like money at the rate of THREE-HUNDRED FORTY .DOLLARS PER MONTH on the deferred balance of the purchase price, which the Seller agrees to sell for, and the Buyer covenants and agrees to pay to the Seller, at the times and in the manner and in the installments as follows, to-wit: REAL ESTATE SALES AGREEMENT - Page 2 ~ • • •~ • •I 1. The sum of TWENTY-TWO THOUSAND DOLLARS ($22,000.00) paid by the Buyer to the Seller, being the down payment hereinbefore mentioned the receipt of which is acknowledged by the signatures of Seller hereafter; 2. The assumption and~payment~by•the buyer of the sum and amount of $103,720.38 owing and payable to First Security Bank of Idaho, N.A. as evidenced by a Deed of Trust dated June 18, 1987 and recorded as instrument number 8736117 Official Records of Ada County, Idaho and the assumption and payment by the buyer of the approximate sum and amount of $10,027•.-59•~payable~.•to Commercial Credit Corporation as evidenced by a second'•Deed of~Trust dated February 3, 1993 and recorded as• instrument number •93086.18 Official Records of Ada County, Idaho, and said obligations repayable in monthly installments of $1,1 8 00 each and $254.04, respectively, and ug and payable on the ~ day of each-and every month and the day of each and every month, respectively. 3. The sum of FORTY-NINE THOUSAND TWO HUNDRED FIFTY-TWO AND 03/100 DOLLARS ($49,252.03) hereinafter referred to as the. deferred • balance of the purchase price, shall be paid,' in• ~uTl; ~on:~pr before ~ -~ August ~, 1994 . PROVIDED HOWEVER,' Buyer. may at• ariy,•time, prior to • the expiration of said TWELVE (12 ) MON.THS~ •pay •~the ~ua~l amount of ~,f ~ ~ the deferred balance without penalty . or.' additional : • interest ~('r thereon. 4 . The Buyer shall have the right, ~.at any`time, to prepay all or any portion of the deferred balance .of the purchase price, although the date for payment thereof shall not. have., arrived, and the interest on any portion of the purchase price which ~sha.ll be prepaid shall cease to accrue at the time of the applicable prepayment. 5. The buyer has the right, at any time, to sell the principle residence located upon the subject property without prepayment of the deferred balance of the purchase price, and further, it is the buyer's intent to make application for subdivision of the subject property to.the city of Meridian and the seller shall join in said application, execute any.. and all instruments necessary for any such application:,. permit orother instrument necessary to implement and facilitate sa~.d.use. III. The Buyer shall be entitled to possession of the premises and property hereinbefore described coincidentally with the signing of this agreement. The Buyers shall be entitled to maintain such possession so long as they shall comply with the terms and conditions of this agreement. IV. REAL ESTATE SALES AGREEMENT - Pxtge 3 All taxes and assessments levied and assdssed on said described property for the present calendar year shall be prorated between the parties as of the date of this agreement, and the Seller shall pay all such taxes and assessments levied and assessed prior to the date of this agreement ~arrd •contract and' Htiyer shall pay all such taxes and assessments levied and assessed thereafter. All taxes and assessments levied and assessed or to be levied and assessed on said described property from the date of this Contract and Agreement and thereafter, shall be paid by the Buyer as such taxes and assessments become due ,and 'befoze . tii~y become delinquent. In the event the Buyer shall . default:, in any payment ~ of any taxes or assessments which are to be paid'under the~~terms~hereof. then the Seller shall have the right, at Seller's. option, to pay any such taxes and assessments that the.-Buyer has allowed to become delinquent, and to add the amount thereof to the purchase price hereunder, and any such payment which shall be paid by the Seller shall be repaid to the Seller by the Buyer on demand and shall bear interest at the highest legal per annum interest rate pursuant to the Idaho Code from the time of the payment thereof by the Seller until repaid by the Buyer, or at Seller's option, the receipt for the payment thereof by the Sell~r• shall•be deposited with the escrow holder hereinafter named and ~by it,~~aclded to the deferred balance of the purchase price. ~ ~~.• : ~ •~ l V. ~ • All improvements and additions which~shal.l be,.~made..to said described real property by the Buyer s~iall •~b•ecome ~a: •part~ thereof and shall not be removed, unless the same can be removed without permanent and material damage to the said premises, and the premises shall be returned to a state and condition equal to its status prior to the improvement or addition made by Buyer. The Buyer shall not permit any materialmen's liens nor mechanics' liens to encumber any of said described premises.. . VI . ~ . , IT IS UNDERSTOOD AND AGREED by and between the~•part.ies hereto that with reference to the character and ~~quality:•:of •the:~above described property, both real and personal, that the Buyer has made its own personal investigation of the same and i'n purchasing this property hereunder relies, and is solely relyir~,g upon the information acquired by it independent of .any•representa•tions of the Seller. VII. The Seller agrees to furnish to the Buyer title insurance covering said described premises, in the amount of ONE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($185,000.00), the policy for which REAL ESTATE SALES AGREEMENT - Page 4 ~ ~;' i - ~ ~•• . •~ , . shall be obtained from SECURITY TITLE COMPANY OF BOISE, IDAHO authorized to issue Title Insurance in the County in which the real property is located. In this regard, the Seller agrees to obtain and furnish to the Buyer or its attorney within fifteen (I5) days from the day,and date hereof, a preliminary report•for purposes of such title insurance policy. If, and in the••evept, such preliminary report shall not commit said title insurance company to insure title to said described premises without ~'xception, excepting the standard exceptions of ~ ti.tl~e~ ~ •n~syranc~e: • policies furnished by such title insurance company,' •., and~:•excepting the reservations in patents or deeds hereinbefore.speeified and the taxes and assessments, easements and rights~~of way hereinbefore specified, and standard exceptions of such•title•~irtsuran~e company covering premises in ADA County, Idaho, -then, the Buyer shal~l•notify the Seller in writing of the particulars wherein such preliminary report shall not commit the said title insurance company to insure such title without exception (excepting the exceptions hereinbefore specified), and the Seller upon receiving such notification shall diligently undertake, and within the period of three (3) months thereafter, consummate such acts and proceedings as shall be requisite to cause the title insurance hereinbefore specified to be issued, insuring said title without exceptions, except the standard exceptions of the insurance company which shall issue such policy of title insurance and the standard except'ions.•placed iri policies of title insurance covering property in.ADPi-County, Idaho, and excepting the reservations in patents or deeds hereinbefore specified and the taxes and assessments, easements and rights of way hereinbefore specified. - ~ • If, upon delivery of the preliminary `title report hereinbefore provided for, the Buyer shall not~make objections in writing thereto within thirty (30) days thereafter, or within thirty (30) days after the signing hereof, whichever is later, then the Buyer shall be conclusively presumed to have accepted such preliminary title report for the purposes of the title insurance policy to be issued thereon and to be made in conformity therewith. VIII. The SECURITY TITLE COMPANY OF BOISE, ~ ID1~H0. shall ~b~, and is hereby appointed, escrow holder under the terms'of this .agreement, and a copy of this agreement as further-implemented by the escrow agreement attached hereto, marked Exhibit A and made a part hereof by this reference, shall be deposited with such escrow holder, and this agreement as implemented by said escrow agreement, Exhibit A, shall constitute the instructions to the escrow holder and shall define and prescribe the obligations of the escrow holder to the parties hereto. Coincident to the execution hereof, the Seller.shall make and execute a good and sufficient Warranty 'Deed:in.•fayor~of Buyer covering said described lands and shall deposit, the°..sam~; with the REAL ESTATE BALES AGREEMENT - Page 5 ~~ . • / • • escrow holder for delivery to Buyer upon completion of•the~terms likewise, the Buyer shall make, and execute a hereof; and, with a good and promissory note in favor of sellers along sufficient Bargain and Salshalladepnsit thef same•Swithrtheoescrow said described lands and holder, and in the event the escrow herein created sha other terminated by reason of the defa the Bu ter, them ~suci•~~Bargain and reason prior to full payment•by Y Sale Deed shall be delivered by the escrow holder~td.the Seller. IT BEING SPECIFICALLY UNDERSTOODn b~he nevent Weof the Buyeres hereto that.. in. the event, and only.that~ the• Seller shall,• for default after notice hereunder, of the said premises, Seller's protection and future alienability be entitled to record sucadverse 1 intere t 1 or D c oudn of htitle resolve any question of resulting from the execution of this contract. IX. The Buyer agrees that it will keep ~t?~ ,s ins ~d again t loss any other buildings on said described prem by fire in an amount equal to the ful.ls~c~u insur nceu~shall ube residence home and other buildings. roved: by the carried in an insurance company which shall be aPP~ said Seller. The insurance policy, or policies representing insurance shall be deposited with the .escrow h ricer and einterest until the deferred balance of the purchase p thereon shall be fully paid. Such fithelSeller as t atl nterest payable in the event of to the Buyer 4 to be may appear and secondly an insurance policy In the event of loss covered by arty in possession of the maintained and kept hereunder, the p mail to the property insured agrees to give immediate not romp ly, and each other party and shall make proof of loss P authorized insurance company which shall be concerned is hereby , ~' and directed to make payment for such loss to 'the ;escrow holder, and the amount of such insurance p tion of the Buyer.behapplmed to entitled to receive shall at the op ~ reduce the outstanding balance of 'the defers ed of lthe eproperty ~~ purchase price, or in the restoration or rep damaged. X. IT IS SPECIFICALLY UNDERSTOOD AND AGREED by and between the a ent of parties hereto that time is of the essiect to make anyepmYmt ails if the Buyer shall fail, refuse or neg ecified~, or shall fa , principal or interest as hertaxeso or assessments by them agreed refuse or neglect to pay any or shall .fail in any to be paid before the same become delinquent, other particular to comply with the terms and •con~iitions of this REAL EBTATE SALES AGREEMENT - Page~6 • ~ • . agreement, and if such default or defaults shall'not~.be removed by the Buyer within thirty (30) days after written no~ice'to the Buyer by the Seller specifying such default, then the whole unpaid balance of the purchase price',' with••interest .thereon, shall immediately become due and payable at the option of the Seller, and the Seller may thereupon at Seller'' option enforce all rights hereunder, either by forfeiture of all of the rights of the Buyer hereunder, and all interest in said premises and property, or by an action in equity or at law for specific performance~.w•ith:damages, or for recovery of the purchase price witYi• interest., ~ and, nothing herein contained shall be construed as depriving the Seller of any legal or equitable right or remedy it may•have .in the premises. If the Seller elects tv declare a forfeiture by :reason.o~ default of the Buyer, then all rights and interest of •the Buyer~'hereby:•granted or then existing in its favor in said property shall revert to and reinvest in the Seller, and the Seller shall retain unto itself all reasonable sums theretofore paid~to it as agreed liquidated damages and not as penalty, and as the reasonable value of the use and occupation of said property during the time possession and enjoyment thereof is retained by the Buyer under this contract. XI. This agreement and other documents referred' to herein have been prepared by Alan G. Lance, Attorney at Law,~~who represent•s.Buyer, and the Seller is hereby notified to seek.and•consult with~his own legal counsel on every aspect of this transaction, ~rega~rd~.ess • as to whether Buyer shall, by mutual agreement of the .•part~es ~e~ltsewhere, be required to pay any portion of the document preparation, escrow or closing costs. XII. In the event that either party shall be required to retain the services of an attorney to obtain performance of any obligation with respect to which the other party'~is rr default under this agreement, the defaulting party agrees•~to: pay the reasonable fees of such attorney in obtaining perforinarice of any obligation by the defaulting party, whether•,:litigati,on,be'.required or resorted to or not. .~ . XIII. , Any notice required hereunder shall be•complete~upon..mailing to that party at the address appearing herein ar-at that address which may, from time to time, be provided~to the escrow holder or other party hereto. The parties shall notify the other of any alteration or change in address hereafter occurring. REAL ESTATE SALES AGREEMENT - Page 7 ,; ~ ~ •~ ~~ .r • In the case of Seller: ANN E. CRAWFORD, A SINGLE W4~. 3095 N. TEN MILE RD. MERIDIAN, IDAHO 83642 In the case of Buyer: ., ,. RUNNING BROOK ESTATES, INC., AN IDAHO~,CORPORATION ".•- 2460 S. MAPLE GROVE, BOISE, IDAHO 83709',~.`•~•• ~ • • ~ . The covenants herein contained shall~`~:hind, •.•ancl~~~the benefits and burdens hereof shall inure to, ,each .o,'f.:~h~e parties : hereto and their respective heirs, executors, personaa representatives, successors and assigns. ... .~. IN WITNESS WHEREOF, the parties.; hereto have hereunto subscribed their names all as of the day and year herein first above written. SELLER: ANN E. CRAWFORD, A SINGLE WOMAN, BY: ~ ~•• c~ ~- ' • E. CRAWFORD, A SI LE WOMAN ~ .'• BUYER: RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION, BY: GLEN JOHNS , PRESIDENT / . . ' . • ~ J 1 .. GEORGE DA, SE ETARY/TREASURER '• .. .s .. STATE OF IDAHO ) ss. County of Ada ) On the 27tltlay of JULY, 1993, before me, the undersigned, ~ Notary Public in and for said State, personall,y.appeared'ANN E. CRAWFORD, A SINGLE WOMAN, known to me to beAthe person., whose•name is subscribed to the within instrument, and acknowledged to, me that she executed the same. ~. IN WITNESS WHEREOF, I have hereunto set my .h2[nd aid affixed my official s~~~ the day and year in this certificate'~~fir'st above • M ~ i ry O'•. ~ , nom' ` ~~D e ~ ~~ w p ~` ~ e ~ ~ ~, v ~ • `' °' Residing at Eagle, ; ID ,.. °, .1`~; t;, ~ ~' :. My Commission Expires: .. 5-•10-98 STATE OF IDAHO ) ss. County of Ada ) On the 27th day of JULY, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION,. through its duly authorized agents and officers, Glen Johnson, President and George Lyda, its Secretary/Treasurer, and known to me to be the persons whose names are subscribed to the within instrument, and acknowledged"to me that they executed the same with the at'~thority of the Corporation and in that capacity. appearing after their respective names. IN WITNESS WHEREOF, I have hereunto set my har-d~: an,d affixed my official seal the day and year in this certificate firs~t~ above written .~~~~~,,,,,,,,,,,~~~ • `9 ~7 .;+ Cl T ~ c~ .•aw ~~ o e .. ,, • .... ~•+ a v. • •~, . u e " = Residing at ~ Y M1 ~ . •~' "•f ~T%!-~C~,~•"'J ; My Commission xpires: 5-10-98 • ~ eee sy , ~ e' REAL ESTAhL"81~L'~8 AGREEMENT - Page 9 ,• ~ . ~'I ,~ . ! . '~ MEMORANDUM OF CONTRACT OF SALE NAME OF SELLER: ANN E. CRAWFORD, A SINGLE WOMAN OF: 3095 N. TEN MILE RD. .MERIDIAN, IDAHO 83642 AND NAME OF BUYER: RUNNING BROOK ESTATES ,.'INC., AN IDAHO CORPORATION OF: 2460 S. MAPLE GROVE, BOISE, IDAHO 83709 LEGAL DESCRIPTION OF PROPERTY: An irregular tract of land lying in Lot 1, Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point South 0 Degrees . 7~ Minutes .East 255.75 feet from the corner stone of the Northeast:corner•of the Northeast 1/4 of Section 3, Township 3 North, Range 1~ West, ,'Bo.ise•Meridian; thence continuing South 0 Degrees 7 Minutes .East ..1054.25 Feet; thence South 89 Degrees 52 Minutes West '56. ~ feet; ~• .• thence North 56 Degrees 8 Minutes West 100 .feet;. ..' thence North 33 Degrees 32 Minutes West 808 feet; thence North 47 Degrees 25 Minutes East 444.20 feet; thence North 0 Degrees 7 Minutes East 25.22 feet; thence South 89 Degrees 53 Minutes East 255.75 feet to the point and PLACE OF BEGINNING. EXCEPTING that portion of the Nampa and Meridian,~.Irrigation District drainage right of way, and right. o€ way ''.for ,I~: Ten Mile Road . ~ .. ~ . BUT, SUBJECT TO al l reservations .. in .patents ~:froin'~.the United States of America or in deeds from the' .,State .o~~.~..Ida~io to said described premises, and SUBJECT TO ~a1~T~.'~taxes and assessments levied and assessed or to be levied and'. assessed against said described premises for the present calendar y~ar~and.all years subsequent thereto, and SUBJECT TO all easements and rights of way visible upon said described premises or appearing 'of record in the office of the County Recorder of ADA County, Idaho.. AND SUBJECT TO THAT CERTAIN DEED OF TRUST. in' favor of First Security Bank of Idaho, National Association dated June 18, 1987 in . the Original principle amount of $108,000.00 and with Title and Trust Company as the Trustee and recorded as instrument number 8736117 Official Records of Ada County, Idaho and having a current and principle balance of approximately $103,720.38, and a second Deed of Trust in favor of Commercial Credit Corporation in the original principle sum of $11,212.96 and dated February~,2•, 1993 and MEMORANDUM OF CONTRACT OF SALE - Page 1 ,' • recorded as instrument number 9308618 Official 'Records of Ada County, Idaho, with the current principle balance being approximately $10,027.59 and said encumbrances ~repayable.in the approximate sum of $1,108.00 per month• and ~$25Q.04••per month, respectively. ~ •' ,, together with all and singular the tenements,•kiered~taments and appurtenances thereunto belonging or i~n any wise appertaining, and the reversion and reversions, remainder. and remainders, rents, issues and profits thereof; and also all the estate right, title, interest in the property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in or to the said premises, and every part and parcel thereof, with the appurtenances, together with all water and ditch rights thereon. NOTICE IS HEREBY GIVEN that the above-named Seller has entered into an Escrow Agreement of Sale of Real Property wherein the above-named Buyer agreed to buy, and the Seller agreed to sell, the real property above described. •;,~ Pursuant to the terms of said contract, title .has been reserved in the seller until the buyer fully performs the contract, and a Warranty Deed has been placed in •escr.ow at' SECURITY TITLE COMPANY OF BOISE, IDAHO at Boise, IDAHO, f.or delivery to the buyer upon completion of such performance. The recording of said Warranty Deed at a future date shall be conclusive proof, as against the Seller, and Seller's heirs, personal representatives, successors, and assigns, that Buyer has fully and completely performed all of the terms of said Escrow Agreement of Sale of Real Property, and that Seller has no further right, title, or interest in and to the real property above described. Also, pursuant to. the terms of said Escrow Agreement of Sale of Real Property, a Bargain and Sale Deed.ha~s been placed in escrow at SECURITY TITLE COMPANY OF BOISE, IDAHO to be del-ivered to the Seller in the event Buyer shall default~under.the~Escrow Agreement of Sale of Real Property, and shall fail to cure .said default within the time provided in the contract (the parties having agreed that time is of the essence of their agreement). The recording of such Bargain and Sale Deed conveying the right, title, and interest of Buyer in the above-described property to Seller shall be conclusive proof, as against the Buyer, and Buyer's heirs, personal representatives, successors and assigns, that buyer has defaulted in performance of said Escrow Agreement of Sale of Real Property, and that all procedures set forth in said contract;~for sending default, rescission of the contract, and termi:nat;i,on o.f Buyer(s) rights to continue the purchase, and to continue.:n~ possession of the property, have been fully and comp•lete~y :compl.'ied .with by Seller, it being recognized and agreed ,'that cif Qttyer. ~ claims any defect in such notice of default or proced.ure•s; or•~if Byer claims MEMORANDUM OF CONTRACT OF BALE - Page 2 ( ~ M any equitable interest in the property herein described, Buyer shall and must commence a legal action to assert such claims, if any, prior to .the expiration of the time provided in the contract for correcting defaults and delivery of said Bargain and Sale Deed by the escrow holder to the Seller, and that unless such,action is so commenced within said period of time, all such claims.are waived by Buyer. DATED this 27th day of JULY, 1993. - SELLER: AN CRR n FO D, A SINGLE WOMAN, .4 ~; . ~~ A N"E. CRAWFORD, A S GLE WOMAN BY; BUYER: GLEN JOHNS ; PRESIDENT .~ ~ ~. ~-•, ~•T• ~t GEORGE LYD~+f, SEC TREASURER STATE OF IDAHO ) ss. County of Ada ) RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION,.;.BY; On the 27th day of JULY, 1993, before me,,the•.undersigned, a Notary Public in and for said State, personally..appea~red the duly authorized officers of RUNNING BROOK ESTATES ;. `INC.., AN IDAHO CORPORATION, Glen Johnson, President„- and George Lyda, Secretary/Treasurer and known to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same as officers of the Corporation with authority to so act. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia,~. ~se~~, the day and year first above written. `~''••~ .4 .~ ,r,, f~_ \ 1 -~ ~ Notary Puksl ic-'f' 'r ~a1•t • ~ Residing at "•• EagTe•, .•; •,; ~~ . My Commission Expires: 'S MEMORAND~JM~,:O~'';Ob~RACT OF SALE - Fage 3 ,: •' .• ~ + • • STATE OF IDAHO ) ... ss. County of Ada ) On the 27th day of JULY, 1993, before me, the undersigned, a Notary Publi~n and for Said State, personally appeared ANN .E. CRAWFORD, A SINGLE WOMAN, known to me to be the person whose name is subscribed to the within and foregoing instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~_~ .~`~~~ ,7 `~ A~4ta ~ ~~~~/~+++ O i•. - . a '~ ,~ '; + ; . :: o ~'• e ~~; ~" MEMORANDUM OF CONTRACT OF BALE - Page 4 ~ ~ r ~~ BARGAIN AND SALE DEED '. THIS INDENTURE is made and entered • irlto~ thf~ J•7, th day of JULY, 1993, between RUNNING BROOK ESTATES, 'z~NC.~;•:AN,-IDAHO CORPORATION, hereinafter "the party of the first .part"': arid. ANi~i••~ ~:• .CRAWFORD, A SINGLE WOMAN, hereinafter "the party of,the`second•~part", WITNESSETH, that for and in consid.eration••of 'the sum and amount of Ten and No/100 Dollars ($10.00,)• lawful money of the United States of America, to the party of the first part in hand paid by the said party of the second part, the receipt, adequacy and sufficiency of which is hereby acknowledged by the parties' signatures appearing hereafter, has and have granted, bargained, sold and conveyed, and by these presents does hereby grant, bargain, sell and convey unto the said party of the second part, and to said party's heirs, successors and assigns, forever, all right, title and interest in that certain piece or parcel of land and improvements thereon and all rights therein,. situate', lying and being in the County of ADA and Stage of .••,I~DAHO•, particularly described as follows, to-wit: An irregular tract of land lying in 'Lot 1, ••Section~ 3; . 'Township 3 North, Range 1 West, Boise Meridian, Ada County, ~Ydaho, described as follows: • Beginning at a point South 0 Degrees 7 Minutes East 255.75 feet from the corner stone of the Northeast corner of the Northeast 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian; thence continuing South 0 Degrees 7 Minutes East 1054.25 Feet; thence South 89 Degrees 52 Minutes West .56 feet; thence North 56 Degrees 8 Minutes West 3.00•feet;•_~ • thence North 33 Degrees 32 Minutes West 8:0:8 feet;•; ' thence North 47 Degrees 25 Minutes East 444.20 feet:; • thence North 0 Degrees 7 Minutes East.~25.22 :feet;`' thence South 89 Degrees 53 Minutes East 255:75 feet to the point and PLACE OF BEGINNING. ., •• • EXCEPTING that portion of the Nampa•~and Meridian Irrigation District drainage right of way, and right of. way for N. Ten Mile Road. BUT, SUBJECT TO all reservations in patents from the United States of America or in deeds from the State of Idaho to said described premises, and SUBJECT TO all taxes and .assessments levied and assessed or to be levied and assessed. against said described premises for the present ca•l:e~dar yea•z: ' and all years subsequent thereto, and SUBJECT TO all easements ;atid r..ights of way visible upon said described premises. or•~appeaXiriq'`'o:f .~r~eord in the office of the County Recorder of ADA .County;. •Idaho:,~~ .• • . BARGAIN AND SALE DEED - Page i ` • • M ' ~ f AND SUBJECT TO THAT CERTAIN DEED OF TRUST in favor of First Security Bank of Idaho, National Association dated June 18, 1987 in the Original principle amount of $108,000.00•and with Title and .Trust Company as the Trustee and recorded'as.inst~rument• number 87 3 6117 Official Records of Ada County; ~. Idario •;-and . Yiaving- a current and principle balance of approximately. $103;720.3'8; and a second Deed of Trust in favor of Commercial'Credit Corporation in the original principle sum of $11,212.96 and dated February 2,.1993 and recorded as instrument number 9308618~•.Offcial•. Records of Ada County, Idaho, with the current `~r.inciple,.:balance being approximately $10,027.59 and said encumbrances. repayable in the approximate sum of $1,108.00 per month and $254.04 per month, respectively. together with all and singular the tenements,; ,hereditaments and appurtenances thereunto belonging or in any wise-app~ertaining, and the reversion and reversions, remainder' and ~eitS;a•inde~rs, rents, issues and profits thereof; and also al 1',t~he:~esta~e right, title, interest in the property, possession, claim-~nd demand-~~:whatsoever, as well in law as in equity, of the .said ~par~y . af~ ••the first part, of, in or to the said premises, and every part,and parcel thereof, with the appurtenances, together with all water• attd ditch rights thereon. ~ ~ - ` . TO HAVE AND TO HOLD All and singularly the said premises, together with the appurtenances, unto the said party of the second part and to second party's heirs, successors and assigns forever. WITNESS the hand of the said first party this .27th day of JULY, 1993. ~ - - RUNNING BROOK ESTAT , INC., AN GLEN JOHN ~N, PRESIDENT C~~ ~G GE LY. , ECR ~ARY TREASURER IDAHO CORPORATION, BY; BARGAIN AND SALE DEED - Page 2 .ma ~' r ~ y _* ~ s • . ~• STATE OF IDAHO ) ss. County of Ada ) ~ ... ~' On this 27th day of JULY, 1993, before me,Ithe undersigned, a Notary Public in and for said State, personally ~ppeaxed the duly authorized officers of RUNNING BROOK ESTATES, TNC.., AN IDAHO CORPORATION, Glen Johnson, President,. :and'•.~~George Lyda, Secretary/Treasurer, and known to me to be the persons: whose names are subscribed to the within instrument and acknowledged to me that hey executed the same on behalf of the Corporation and with the authority of said Corporation and in that capacity as appears after their respective names. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above .written. .. . .*~``,~~,eelelele~~~~,, ,, ;i A M ~~ . ~~ ' ~~ = ~i orr Jam. . ~; , y° ~ ~ c. .~ n ~ Notary `Public for -Idaho : . ;~ ~'~ ~ .~~~ ~, ~ a ;~ ~ ~ Redding .at. : ~ Eagle; ID '• ~~~ ~ ., ~ "r = My Commission Expires: h ~ O ~ y ':~ ~ . ~ ~ 4 ` HARCiAIN AND BALE DEED - Page 3 ' NGI • • / V~\~ E NF~9it+ H U BB LE ENGINEERING INC. 22-asst ^ Fax 2081378-0329 20813 ~~ y 9550 Bethel Court ^ Boise, Idaho 83709 February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Fire Light Estates Supplemental Submittal on Annexation and Rezone Dear Ms. Stiles: As discussed with your office, attached are 30 set 1994 submpttal.entary submittal to the annexation and rezone portion of our February 11, We appreciate your cooperation and assistance in tveniencer If you should have any other questions or comments, please call me at your con Sincerely, P ~~~ James E. Holden, P.E. Attachment as noted JEH/bh/649.1tr cc: Steve Anderson (2) FIRE LIGHT ESTATES APPLICATION FOR ANNEXATION APPROVAL AND REZONING The following are responses given to the items needed for annexation and rezoning. The numbers used are the same as on Meridian's form. Item No. 3. See attached Fire Light Estates Rezoning & Annexation Request -Owner of Record Authorization. 5. Two easements exist on the subject property as follows: A. A 25-foot roadway easement along the west side of Ten Mile Road. ACRD has requested this be increased to 45 feet. B. A 50-foot Exclusive U.S. Government Easement along Nine Mile Drain. The centerline of this drain coincides approximately with the western boundary of the subject property. The Nampa-Meridian Irrigation District and the U.S. Bureau of Reclamation has requested this easement be increased to 100 feet (50 feet each side of the property line). The layout of the lots affected by this easement contemplate measuring the required setback from the easterly existing top of bank, plus an 18-foot allowance for an access road. Both of these easements have been shown on the submittal application Site Plan titled Preliminary Plat. 6. The present land use has one single family residential home as shown on the included site plan and designated Block 2, Lot 9, and the remainder of the property is unused pasture. 7. The Proposed Land Use of the subject property is single family, Low Density Residential District, Zoned R-4. 8. The present district is Ada County. 9. The proposed district is City of Meridian. 10. This property is presently not being used in an economical or socially useful manner as described in Item No. 6. The properties to the east, southeast, west and northwest has been annexed and rezoned R-4 with the result that this property has become an enclave. Utilization of existing utilities will be enhanced by this annexation and rezoning. Also, the increase in the roadway right-of-way will permit widening of Ten Mile Road in the future. 11. As discussed in Item No. 10, the rezoning of this property will eliminate an enclave area in the City of Meridian, and is completely compatible with Parkwood Meadows to the southeast, Candlelight Subdivision No. 1 to the east, and the planned subdivision Englewood Creek Estates Subdivision No. 1 to the northwest. 15. The proposed zoning amendment of changing the existing RT zoning to R-4 is compatible with the Meridian Comprehensive Plan. 17. See attached Fire Light Estates Rezoning & Annexation -Posting of Property. • "' ~`~ RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378.0329 9tio SuRV~roPy February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Fire Light Estates Rezoning and Annexation Owner of Record Authorization Dear Ms. Stiles: I hereby grant our permission to Running Brooks Estates, Inc., an Idaho corporation, to submit a request for the rezoning and annexation of our property, located at 3095 North Ten Mile Road on the west side and approximately 700' south of West Ustick Road, as described in the attached legal description into the Corporate Limits of the City of Meridian. This is done in accordance with Item No. 3 of the Annexation and Rezoning Requirements of the City of Meridian. 2~nn E. Crawford Owner of Record ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) /y,~ On this ~~' day of -~~~~it~'1JFN~ , 1994 personally appeared P-r`'n ~ • CR~f ~~and known or identified tome to be the persons whose names are subscribed to the within instrument and who acknowledged to me that they exec the same. ,~~ ~~I t.~L~~ ~ es ,~r,CA A. ~+' ~~ Lary Public for Idaho °°°',~~'e ° '°° ~'. Residing in t'~~ ,Idaho 4 g 1yoTA,p~ o 0 7C Y ~O~ O ~ My bond expires: ~ 2`~ 9`~ ,k . ' .AU B L1G ~ P..S N~°~°O 00.0 ~°~ ~~4h~t~e~rio~`~ ' ~ ti rv s~ • w_ _~/ uRV~ • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Fire Light Estates Rezoning and Annexation Posting of Property Dear Ms. Stiles: 208/322-8992 ^ Fax 208/378-0329 I, James E. Holden, P.E., hereby promise to post a legal notice of public hearing for the subject property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with Item No. 17 of the Annexation and Zoning Requirements of the City of Meridian. ~. ~~eP~ ames E. Holden, P.E. RUBBLE ENGINEERING, INC. ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~~~"` day of '~RJ-~vX~ , 1994 personally appeared ~~~~s ~• '~b Li7~ whose name is subscribed to the within instrument and who acknowle ed to me that they ,executed the same. ,'~~~t~I~~ffI1~1 Nota Public for Idaho oA• 4i4;°° '•.;~~ •., Residing in r~u~'s-~ ,Idaho N '~: IyOTAR~Y ;`~' My bond expires: GI ~?9T`~ ~l * ; _•"' ~o•pUBL1G•` • J+ •O ••• Q 1 9 '••.••a• ~ ~ ~'~. TE O F 19 Q,~•~~ X i ~~~~~ s ~;~~~~~~ i E • s r ~pf6+~ ,y~C~~,~a~e~ ~ ~~_~~~~~ A ~ 7 ~ ~ B O I 3 ~ ~ ~ 8 R qq~~~// ~ ~ ~~ ~~ I ~ ~ ~ ~ ~~~~~~~h s~; .o<® i e=ss :` $ i~ } b ~ ,~ r; m ,! ~... ray !: ~ ?~ a ,~ W 2 I.LI ~"' F"' W J W a~ ~~~ ~~~ w~ N~ ~w ~~ w . S r2o3 !l po~c~ .. ... _.__. _. _._._. .. ._. _.__.__ __ ___... _._._____~_~______- ._. __ _.__..._______._.Y. ~ ~ ~ ~/ _._ ._. _ _ _. _ _.__.. --- r /T . _.. ..._ _.._ . -- . _._._.._ f. _ .~_ ,_ ' s [zo3 / / C~DSo ___ _ ___. f J,__________. _.._____ _._ r :i ` • ~ - -- fa . Z Z ~~~~. -------- _ __ ______.~ __---'~iC~-.mac..-- - -- ~ ___. ----------~---___.---- _...__ .---_----__.__ ____~-..r,T~ ___~ ~~~Z-___--------- < ~ • • ~'d`e L.~~il` S~.`~i'd . sldzt 3 ~ ~ c!l o00 _____- -. ----- S !33 ¢ ----- -~~ - ___ -~~ --~ --'?tit .~'+Q' y?! A...~ Fi~uc~ ~, ~ ~ 4 ~t .y_~ ~,,~~ ,pf~~ ~':~!~. ~D ~ $ . j¢.. -- __ _ _ -sue 3 ~. 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D O l b ?.~i1 a ~.t,~ 00 ~~: 9~ / s ~D ~~~~~D ~ ~'~~ -- ~~L1 ~ /gem----- 004 /~ --2G1-~ - --------------- ~~ • • ~~8~ `~~ C~'CJ/~E1'`S' /~ SL~ ~/ !!! --.-.__ ___ ___. __ ___ ._ -_ _ __._ 1 ~.~.. . ___ _ __-__- -~-o_ - - _ _ G ~ ~ ,~. .~., _. .._ . __ . w ... -- f- ~ql~-'--..___.-. ._- .._..__._.-_ --_. _.. ---_ 3 _ ----3 _ ____- __ _ Z- _ __ - -- _ _ . _ _ o. --/ ~h _ _ _ _ _ - -- --__ __--- __ _ _ ~ - -~~------ _ __ __ _ ___ _ _ _ _ - --- -- ----a-~ 3 3. 1~~c_ -----. - - _ ______ __.___ __ - ~ 8~o_z_Z _ _ ------ _ _- __ _ __---I--- -- _ _ __ _3__._ __ _. ____ 3_. _-- _ _ __ _- o~sa_ - .--- - - --- _ -~ ~ ~-------_-_ _- --__--- _ _ ___.__ -. _ __-- _1 ~' __ __~_-3_____-- - ----- ~ _._._ _ __ ___.__ol~O__- ------ --__-. _ _ .mom -_ ~:1~ _ ~.~ . ~'l_- __.._ - ;. . ~ ~ ~j~ p> joQr~ D~~t~s ~f.~ ~ ~ q}'~ _._ __.l3_L~__..__Ga~ ~`d7~ _ _._____ 1 --------.-----~ ~j-7 .- y~,v~.~e_---~T------_ __ ------ _. _ _ -- - - - - - - ------ -------------_-3/_ 3~.__ lam. ~f_t~~ c°-- ---~-~--- -_ .. _ . o~ __!____ -- ------ D o~ ---~._~_~_ _ - . -~-/1~--_8 3 ~ ~.. - __- ---------- U - ~----~'~- - _ . G------- --- - _ _ . -- ----------- n'-- ° ~---_~3d x __~~ -- - -- -- - _ __ _ D ---_ 3-~ ~-Z- - GJ' ~usvi''-fc-. CT -____ --- _-- ------- % l~ 53~~ -------- -------- ~ - ~_~~~1-____ ------ d~~0..__------ -- - -/ -S'yo6--- o z~ ~ Z Oo zo _-____ __ --__-_ L~~~ '~-.1~._-.__ _ -- -- - _.-_ --- . -- _ . _ ... _ _ _---_ ---__---- ______ -- --- - __-------_ ------___._ __ ___ - - ~ B~G~~ REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerk's possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 p.m., Thursday following the Planning and Zoning Commission. GENERAL INFORMATION 1. Name of Annexation/Subdivision - F; ,- P u g h t- F G t- a t P G _ 2. C~eneraL Locatio . ;: _M ~ l ..~:a_~,~~~ t< o n 3 ~ T~ 3 T ..t -:.. ., ,~t.~.~-:.;~ ,. - ~: - - ~:~== 3. i- a Owners of record, .Address, 0 3 9 5 1v . Ten Mile Dr . ,Telephone 8 8 8 -3 7 2 5 - . _____~ Meridian,. _Id:ah.a•_8.3:6.42,-_- Applicant Running Brook Estates Inc. Address, 2640 S. Maple Grove, Boise, Idaho 83709 5. Englneer,James E Holde~irm Hubble Enaineering, Tnc Address, 9550 Bethel court Telephone 208-322-8992 Boise, Idaho 83709 6. Name and address to receive City billings: Name: Runnina Brook Esates Address: 1434 N. Meridian Rd., Meridian Idaho 83642 Telephone 888-1375 PRELIMINARY PLAT CIiECKLIST: Subdivision Features 1. Acres: 8.14 2. Number of Lots: 2 7 3. Lots per Acre: 3.3 4. Density per Acre: 3.3 5. Zoning Classification(s): ~-4 • 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification RT 7. Does the plat border a potential green belt Yes 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City nTn Explain NA 10. Are there proposed dedications of common areas Yes Explain Common areas to be maintained by Home Owners Association For future parks No Explain NA 11. What school(s) service the area Me r i d i a n Do you propose any agreements for future school sites No Explain NA 12. Other proposed amenities to the City x Water Supply x Fire Department x .Other sanitary sewer Explain NA _.. _ _ .~:~ ~~~g.~ - , industrial, or combinati~~-: - - - __ ____ _ ---- _ _ __ __ __ r . _____ ___ _ . Residential 14. Type of dwelling(s), single family, duplexes,, multiplexes, other ~.i rigl P Fami l i~ 15. Proposed development features: a. Minimum square footage of lot(s) ~ , n n n b. Minimum square footage of structure(s) 1 , 500 c. Are garages provided for Yes square footage .576 d. Are other coverings provided for No e. Landscaping has been provided for Yes DeSCrl'be 20' landscape lot on the WPGt Gi r7P of Ten Mile R f. Trees will be provided for Yes Trees will be maintained By Homeowners Association g. Sprinkler systems are provided for Ye s_ F o ~i ,common area s h. Are there multiple units No Type • • 16. Remarks i. Are there special setback requirements Yes Explain Set Back fob Lot 14, Block 2 is 33' j. Has off street parking been provided for No Explain k. Value range of property $ i i 5, 0 0 o t o $~ h~, o 0 0 1. Type of financing for development S t a n d a r d m Protective covenants were submitted No Date Does the proposal land lock other property. Does it create enclaves No STATEMENTS OF COMPLIANCE: __.._ .; ~.~ ~__.w_ ~_ __ ___ __.. ~_ __. ~ ___ _ . __ _ _ _ __ ~. .~ _~ :~~~ ~._ _. _ . .__.___ -_ 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be - - - - -determined by the-City Engineer: All sidewalks will be five (5) feet in width. ~. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. No is ~ formisubapp.mer ~`J~V EMGl~yF~~~ 9~0 SURVEyOQ, • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 July 22, 1994 208/322-8992 ^ Fax 208/378-0329 Ms. Shari Stiles Director of Planning City of Meridian 33 E. Idaho Street _ Meridian, Idaho 83642 RE: Firelight Subdivision Dear Ms. Stiles: _ _ : __ _ __ __ _ _The attached Firelight Subdivision final plat is in accordance with the conditions of approval.. of _.. _ _ . _: the prelmuyary dart ~.ri~f`~~ ~~ ,_..__ _ -- _ ~Sf~v-~rt~ _af~o'City of Me~idia~~iili~v`n°'6~'de:_..~ _ ~ ~ :have..the...final. plat certified .for..recording~.,__.~ _. _. _ __ - w.. ..~~ _.__ _~hankyouufor ~our~:time_-::Please.callfyouhaxe_:.any-.questions. _ _ Sincerely, Project Coordinator DSN/mf/2067.1tr Y a ___ ___ ~W T 3N., R. f lI„ B.fL (3 60 6) 3 `~ ~ ~ (V 3 .~~~88 $ n yi V~ Z W N Sj ~ .E'S'.~ $) ~ ) u> P~N `L'OLL 3 .i2,L0.6Q $ U N 1 vZ ~ ~r .YL9! ~ ~ ~'DO~CL~_ O ~ ~6 ~ ~ p O } ~ Y ~ / /• i S / •• `,,gym i ~~~ p W u+ / ~ i n n8 ~ Q ~ ~r N sz ° 11 ~ r .1 ~~~ c e 'pba _° J YpP'~ ^ s \ ~~ MaO ^' M ,oov~ a w ,~ ~/ N ~' O \y ~ O 6 \ /\ 4 ~ \\ \ \1•~ O \ ~ \ ~ I N ~ cj \ \ \ - '~i+ % ~ Ow I- c ? \ $ \~\ ~3t aft '4~. 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II .T • (~ r 12 ~ i3 14 :S ` !6 ~ 17 __ _ _ _ _ - I .+ ,. , __ ... _.. _, ~ 13 :6 17 ,, lz. 18 S9 ZV 21 22 23 24 23 ~PRw o i W, MIRAGE CL W. FIELOSTREAM DR _ _.. ,_ 12 1t ,0 _ _ ~ 'Z Ir p 9 'J ~ `_ A ~ S • ~ RKW~C ~ 2 s 3 NO 2 • z~s • s s • a _ ,_ In ~ k, ~ s s ~ /r ~Jb' NAM G~t ~~'~ SERE M 3T. 1 • H ~ ~ ` ~ • R T .r, . -~ ~ . -. • N - s _R8 .. R ` tN rye, `'a ~''' NUBBLE ENGINEERING, INC. ~ ~ ~ ~eeo e.llw cows ea.., lane ata :o.ru:.ea~ •4. lu~v~~~ ZONING MAP Scale: 1"300' f, t '~ ~ • 8 ~ 3 116 8'74 W `~aitR, DEED Fos Slaiue Receivd JACK A. Cl':3TEhS A.~D DIA`:A LY:tiE CHARTERS, HL'SBAKD A::D FIFE ' the;rantor5 , do hereby 8raat, bargain, sell aad convey unto ASN E. CRAh'FORD, AN L'N*41RRIED PERSON the;santes ,whose torrent address ie 3093 !:OATH TEN MILE ROAD, vERIDIA.~, iD 835!2 the foUowiaK described promisee, is ada Coanty Idaho, to-wit: AN I1iPJiGULAR TP,ACT OF LAND LYISC I:t LOT 1, SECTION 3, TOk::SHIP 3 ::OP.TI'., RA.`:GE i StEST, BOISE :1ERIDIA'1, ADA COC~TY, IDAHO, ~ESCRI8ED AS FOLLOS:S: BECIA'NINC A? A POI? SOUTH 0'7' EAST 255.73 FEET FRO!: THE COP::ER STO::E 0? T4E NORTHEAST COR\ER OF TEIE NORTH EAST 1: Or :=CTION 3, TOb':SHIP 3 SOP.TH, R.:::CE 1 NEST, BOISE 11ERIDLAN; TYENCE CONTISUIt:C SCUTH 0'7' EAST 1054.:5 FEET; 'THE.'+fE SOUTH 89'52' SJFST 56 FEET; ?HENCE NORTH 56'8' S.'EST 100 FEET; TeIE\CE ' NO&TH 33'32' G'EST 308 FEET; T'dEtiCE NORTH 47'25'EAST 444.20 FEET; T'tiENCE NORTH 0'7' EAST 23.22 FEET; THENCE SOUTH 89'53' EAST 255.75 FEET TO THE ?0:\7 A.'~iD PLACE OF BEGI:'XI::C. EXCEPTL'IG THAT PORTION OF THE SA`II'A A::7 .".E1tIDIAN I'r3IGATIOS DIST?ICT DP4I::AGE RICtiT OF SLAY, A.*iD RIGHT OF STAY FOR COP.TH TE:: `TILE ROAD. n .. Ada Cot:ntY. ~dat+o. ss Request of ceccrn TITLE ;tt/.~ M D:,sE~~' 3/~~ 87 ~p~ EA571DA "e:'H:S T,E~ 3EING R:'-R3CGR:,~ :0 C0 :S GAL D=?.3:?^__.E: RECORDER t _ -- ~ ?~ ~ Deo v o T hHAVE AND TO HOLD thu said premiaa. with their appurtetanees unto th~3Jsaid Grantee , hefts sad assigns forecer. And the said Grantors do heretr~ covenant to and with the said Grantee that the? are the owner in fee simple. of said premises; that they are free from all Incumbraaces _excepe: Currea~ ;tars taxes, rights of cap, easements, restrictions, reservations and irrigation sssess »ts. and that they will warrant and defcad :he same from all lawful claims whatsoever. Dated: JUNE 17, 1987 1~ ~O ~ • I ,~ ' ~~% ~~_ ~~1~1~s~tiYY'~Y ~ _l..t~~l I~L.! 4 .'~..Q~ CK A. CHARTERS DI?~\A L7tSEE CY.:,~tTERS v ~~• ~ !•'a -r• ~~tTv~~".fit ~ ~~; ~~ 1 +t r7e+¢+ !7 ~ ms~9;~ax1 Publk, rer.rra::. ,;,rand j JAt~iN~.,rtf~tj~it$'.~~Iil DIANA LT:CNE ~::RIERS i tno:fo ~'~etuirird to itti'gtie the perwn vhoK na.~e S ARE wO~enArd. ~lttj.•lltiaStdiruatmt, and xlene.kdrr::.- ate tAat thdr neeutad.tttrsatwe. .b r Pn61at~~~Q•..- j 1Q~1. EXPIRES ..~.^....-- 1 /-/6-PP ' M' ~ 1 STATE OF IDAHO. COC\'TY OF ' I hanby certify that Chia isstsameat wu IIled for :eeord at tb. regsest er SAFECO tITL: ` ~ at C~Q tataates past V o'clock ~M., thi~ / ~~~ dad or L.CiK..Q~ , le is m~ omee, aad dtty recorded i or Deade at Fagg • ,JOHN BA~3;DA 0 t0 et B1-~~ Depaty~. Feu i MaQ ~:a . :C9St~~ ,C-:7 3 `s -ii ~ ~ ~~7 gym;? D~G'-~ ~ mc:;s •• ZC C, -4>'~ ~~~IV~ C O~-;. ~~~ ] >r'i'< mZyr~-c. i) ~~Q ,-7 mC_.'= :° ~~N~~~ O ~ fT17 tD O~~ ~ n An ~ 's Z .f.'. Z -1 Z • ~ MERIDIAN CITY COUNCIL MEETING: Julv 19.1994 APPLICANT: RUNNING BROOK ESTATES AND RUBBLE AGENDA ITEM NUMBER: 14 ENGINEERING REQUEST: PUBLIC HEARING: PRELIMINARY PLAT FOR FIRE LIGHT ESTATES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P. A. ATTORNEYS AT LAW JUSTIN P. AYLSWORTH JULIE I(LEIN FISCHER WM. F ('i1GRAY, I[I D. SAMUEL JOHNSON WILLIAM A. MORROW CHRISTOPHER $. NYE PHILIP A. PETERSON STEPHEN L. PRUSS ERIC $. ROSSMAN TODD A. ROSSMAN R. STEPHEN RUTHERFORD TERRENCE R. WHITE Scott and Jennifer G. Goggins 2949 N. Burley Way Meridian, Idaho 83642 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288.2499 FAX (208) 288-2501 November 17, 1998 RE: ILLEGAL ENCROACHMENT ON NINEMILE DRAIN RIGHT-OF-WAY Dear Mr. Goggins: NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466.4405 PLEASE REPLY TO R~~D N O V 1 7 1998 CITY OF MERIDIAN PLANNING & ZONING As a follow up to my telephone conversation with you on the 9`h, my office has contacted Gary Smith the Public Works Director and Shari Stiles the Planning and Zoning Director. They both advised that you have been informed of the City's position many times and there is no reason to meet on this. I therefore, in order to be clear about my client's demand and to answer your questions, state the following: 1. This Demand concerns the encroachment of your side yard fences across the City of Meridian's Sanitary Sewer Easement, which traverses the adjacent Nine Mile Drain across the rear portion of your property, which is in Block 1, Lot 5, Firelight Estates. I am enclosing a copy of the appropriate portions of the plat, specifically which reference: "No fence, permanent structures or landscaping, shall be allowed within the City of Meridian's Sanitary Sewer Easement." Also, note on the plat the 20' wide sewer easement is clearly delineated. THIS LETTER IS TO NOTIFY YOU unless the section offence, which traverses the City's Sewer Easement, is removed on or before the 30`h of November, 1998, the City will proceed either to remove that portion of the fence and/or initiate legal proceedings for ejectment and permanent injunction to enjoin you, or any other subsequent property owner, from encroaching upon said easement. • • November 17, 1998 Page 2 of 2 2. As to your questions about keeping people off of the area and what you can otherwise do, I recommend that you consult with your attorney. It is my responsibility to represent the City. As you can see, there are other easements across the back of your property which are the concern of the Nampa & Meridian Irrigation District and who are persons with whom you may wish to consult. Unless you have legal cause, of which I request you specifically advise as to why the demands herein made should not be complied with, we fully expect that the action herein required will take place in a timely manner or otherwise the City will proceed as I have advised. msg Enclosure cc: Gary Smith Very truly yours, /~~• ` Wm. F. Gig G~ Shari Stiles '~ John P. Anderson, Water Superintendent\ Nampa & Meridian Irrigation District ROBERT D. CORRIE Mayor CITY OF MERIDI~~ PUBLIC WORKS /BUILDING DEPARTMENT FACSIMILE COVER SHEET COUNCIL MFMB R~ CHARLES M. ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD Date: (c L 4 9 8 Time: I d: 2 3 Please deliver to: ~;~'*~`~ ~ ~~--. GARY D. SMITH, P.E. Public Works Director Company /Department: ~'! a~+~a - h~cl~a~- ?~-ri~ . Fax No.: ~ ~ 3 - ~ ~~ 3 Phone No.: Total Number of Pages, Including This Cover Sheet: ~ From: Fax No.: Comments: ~d7- ~tq7 Phone No.: ~~2~j~r ~- ~- ~ s~~r c~q~ ~ ~~.~. ~. lad- a„~. Uv "'~. acn,~. ~, „o,~t~wJ.n~". T ~ S ~#' a~apwb- ~. ~~ ~- -r'.e~, v~,~a, ~t . a.~.t. -i~c~. ot.-~L, . z v1~ww., ~ ea.s I~..1MM ~ p abo ~- ~-I~a~'. T c~va~'~ ~,,~we a ~,,-Idt~, ~,, s,~ 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-221 I Fax (208) 887- 1297 ~ w i.~,Z t~.ce.d. ~ ~e,,",,Ine ~t,~. ~ ~ wed (,-~,--.~.e. ~,.~- . ~-- CITY OF MERIDIAI~1 ROBERT D. CORRIE Mayor PUBLIC WORKS /BUILDING DEPARTMENT GARY D. SMITH, P.E Public Works Director Fl-~ CSIMILE COVER SHEET Date: _ 624 ~ f8 Time: ~ ~ !z Please deliver to: J ' it-tit, COUN tt M MB RS CHARLES M. ROIJNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD Company /Department: .~~ ~;~, Fax No• : g g 4 -- ~. 2S 9 Phone No. Total Number of Pages, Including This Cover Sheet: 3 From: Fax No.: ~8 ? - ~ t q ~ Phone No.: Comments: ~ Gl ~ Td ~~Y ~i Co ti ~, ~ - _ ~ h v1~lZp ~. ~ . Z• Sys T ~~- Gurl.( no~- ko~e ok '~vr(,Cc li~l~ct'. T,,;, hod .ct~2 G~rlt,~f-- p•~,,.~ ~yo .t i~,i~, ,ti~- ~Ctuea- . 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-221 I Fax (208) 887- 1297 P.2 Scott Allan Goggins 2949 N, 3urley Way Meridian, ID 83642 (209) 888-594? June 5, ,1998 Dea r. Mr . Anders or, I am writing in response to your letter dated May 29, DECEIVED ~ ~-~ ~ Memowi tenor oa,a~cr ~.. ----.~ ~Ye ~i~k~ SN bd. 1.998. First off, you state that 7 =.houldfii~J° r.o+_L•:~cted our fenoc. In February of this yp,1 your office before building Irrigation District and spoke with Mr, Eill~ lrfie s n e T~rmpa and Merid•l,an building a fence and was told by him that althou h =nq~!irerl aboi:t them because it is an inconvenience for g your company does not like build a fence on our You, that they can not *_ell us not to property. I am quite willing to work with your company in allowin, stated earlier why ~l speaking with y You access , as I sides for your vehicles to drive hro~ugh.W11To bfurther make t teven more convenient for you, if you let us known when you are comin have them open for you. T do not consider this bea.ng "adverse a ssessioilevoe~ the land. My family and I iJ?.:ih to use the back part of our problc-_ttr with joggers and dogs ar.~d their messes uponoourty and we Piave had a solution we see to enable us to enjoy our land is to #enceothrsy~ The only part off . If it is o~i;'c' responsibility to maintain the land and - wr=e , better access to control them and to take care of our ~ d''' rhiri wc~ c_eecl property. It is not o4r intention to ?nterfere wic}~ you.r for You, as statod abo~~e job or make :;,t more difficult You may have ac.~cess a t any ~ ire . krowever , r hY 131~s you cuot4c' car, not sEem ';. r,, apply to ti:.r: cusp. We are r_at tr t yi.::g o keep you o„?', only inar.ease ouz :.:~joyrner.t cf the property we own and pay taxes o:. ~ I also #eel wre are being unfairl sin led t ,-~~',~ stree o en mi a roa on a easement itsel fare as the fens r ~~ wee more an scapir_ and s ri ~ Yncreasin~r, anr3 'ust his er., were but in b someone on the easement '.~ se y are we eing made to take down our fence, while their. :antes S~ remain standing? I would like to settle this in a way in which all parties are happy, I Will change my fence over and 'install the r~,ctes for ds possible. If you have any further ~ Your vehicles as soon problems, please call. Sincerely, J`~ Scott Allan Co ~ ~ ,.J`~•~ g5i n sZ- -----' cc: Meridian City At orney Meridian Mayor ~ECEIVE~ ~ JUN 1 p 19~~ hi~nrD MAk '.,ITY ENC~INEE~ JUN 10 '98 10 28 PAGE.02 'ha.~ir~ra & ~l,~cra'ta~c ~Ivcigauasc 2~taficrct 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Mr. Scott Goggins 2949 N. Bur/ey Way Meridian, /D 83642 RE.• ///ega/ Encroachment on Ninemi/e Drain Right-of-Way Dear Mr. Goggins: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 _.. ' ~re,1~/„~ ~,Cb. l spoke with you approximately one week ago as you were in the process of constructing your fence and /asked you at that time to cease construction in which you agreed to do until we could get the information to you that you requested, i. e., laws, rights-of--way, etc., to prove that the District had a right to be on this faci/ity. Obvious/y you chose to ignore this information sent to you via certified letter, therefore, we have made note that the fence is completely insta/led, and you have now encroached not only on the District's maintenance right-of--way, but also pressure urban irrigation lines, city sewer lines, etc.. This is totally unacceptab/e end / am asking at this time that you remove the fence from this area so we can complete our day to day maintenance as required. /f this fence is not removed by 12 June 1998, / wi// turn this matter over to the District's attorney for appropriate legal action. P/ease fee/ free to contact me if you wish to discuss this matter further. Sinc ely, John P. Anderson, Water Superintendent NAMPA & MER/D/AN /RR/GAT/ON D/STR/CT JPA: dln cc: File Each Director Secretary-Treasurer Asst. Water Superintendent Ride 4 -Gil/more Pressure /rr. Specialist - C/inton Attorney - Steenson BOR - Caywood `• ~City_of;Meridian - G. Smith '<; ~?FCLi'VEG~ rl~h! c ~'Yy ~IGtNFs=l:. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23,000 BOISE PROJECT RIGHTS - 40,000 5 June 1998 ROBERT D. CORRIE CITY OF MERIDIAN Mayor PUBLIC WORKS /BUILDING DEPARTMENT GARY D. SMITH, P.E. Public Works Director June 24, 1998 Mr. & Mrs. Scott Goggins 2949 N. Burley Way Meridian, Idaho 83642 Re: Fence Construction Dear Mr. & Mrs. Goggins: COUNCIL M MBERS CHARLES M.ROUNTREE GLENN R. BENTLEY RON ANDERSON KEITH BIRD It has been brought to my attention that you have constructed a wooden fence across the sanitary sewer line easement that exists along the rear boundary of your lot. It is necessary for the City of Meridian to have uninhibited access to this easement for maintenance of this sewer trunk line and your fence restricts that access, even with gates. Note 10 was required on the recorded plat of this subdivision that prohibits construction of fences, permanent structures or landscaping within this easement area. A photocopy of the affected part of your subdivision plat is attached to this letter for your information. The exterior boundary chain-link fence was required of the developer so that prospective purchasers of these boundary lots would know what restrictions existed at the time they considered a purchase. The above measures were taken in your subdivision to head off problems as exist in the Candlelight Subdivision to the east of you. Our access problems to the sewer line in this subdivision still exist and have not been resolved. It is not my intention to compound our access problems to this main trunk sewer line by allowing fences to be built across this easement in the Firelight Subdivision. In that regard, please consider this letter as a request for you to remove that portion of the wooden fence you recently constructed across our sanitary sewer line easement within a thirty (30) day time period from the date of this letter. Sin rely, D. 'th, PE City Engumeer/Public Works Director Cc: File, City Clerk, City Attorney 200 East Carlton, Suite 100 Meridian, Idaho 83642 Phone (208) 887-2211 Fax (208) 887-1297 APR-18-1997 1013 FROM TO 8874813 P.01 BRIGGS ~.. i~~C~S0M0~C~ ~I~~ISI-~O~al~ C ~ ~ Td ~~~~~ c7T11~~ FROM ~!A C4MPANY_~M~1~1'S ~1~tJ11~(~ BRIGGS ENGINEERING, INC. FAX N 0. 1111 S. ORCHARD, SUITE 600 * BOISE, 10. 83705 D~4TE ~• ~ g "~~ ~~... N0 OF PAGES SENT (Including .Transmittal} REFERENCE FAK N0.(208)3~5-2950 TELE N0.(208)344-9700 BEI PROJECT: N0. ~~ O rT ES'TO'1~.~ ,~ , REMARKS V i i REPLY REQUESTED ~ ~ ~ COPY .111.1 S. ORCHARd, .SUITE 600 # BOISE, IDAHO ~ 83705 #: (208) 344-9700 FAX NU (208) 345-2950 APR 18 '97 11 15 PAGE.01 RPR-18-1997 10 13 FROM TO 8874813 P.02 i 1 e i^ ~~~ , ' 1 1 1 1 MI~IMr~11YN~1~s'. .r~~~r.-rr.l~.-1~ L . 1 » ~'1. r floe ~• ~~ c ..w{i~.o~./O.~o~~ ~~ ur: ~tis~ Irrri><. k 1 1 LI 1 1 - '$r~1& ~ •w'e 'r ~ ~- _ Hr i ~ • _ ~- - .. +~.. ~ J .ire ~ by >. p"nc 3 AL1O6~ S r {3 St6: s7 ~N ~ Mid 6~ PSG ~+~~~ ~ AOac~ )~K~ar~ o _ ' ~~/~~Ie ~~ID 11{~g ?~ ,~i.~ ~ // t t ... 4 s_. 8.66•~-t 2 A-.OGaQ S r ~ ~ n ~~ ._, o ~g ~ - _... _- -~y ' fy C c '~~, ,• - I t/ ~ ~ \•,~ \ •u O I ~1 1 1 = N ~ \ m ~ ~ C 2~^v~z \. ,! Cyr \', al ® •r~' n ~``! ~ 2 ~ < ~ W a o `~ `~- ~ ~\.\ ro~i~ ~ •yz' y~ ` Ire. 7. .~ 11^ ~ ^ ~ O d Z W • 9 i ~~ \\\\ O~ ~ 9 e ~ ~s < 0.y O X ~~~ ; \ ~a }® `'\ : v ® ~F I t SIG ... ~ '~ ( . 7 1,R s /~ ~' ate;, +?' \`\\ ` r~ r ds.~'9~ ,b~'. v. ~ d r. u o i I tt ~ ~ ~~ • , y , ~C ~ v; r 1 N C Z ~ ZM '1 \,\ R - ~ ~ st: s ~ ~ °' ~ 3 ~ 'r i s~ ~ a-: as . ~ f - v. \ w ~ ~+ ~ . a s ~ ~q as 3 ~ & ~a~M ~ b •p~ 5~ e~,~~~ ~:p ~,~ ,s ~`,, `r \ ~I ~ r 5 ~ ~ ~ ~ ~~ ° E $ w ~ 71g~b'o ~ ~ a ¢i ~1 ga ?~ ri~ 6i $3 i !' ~ S A 1 i ~. ~ r~ °a_ ~[ s~°f spa ~: = ~~ ,. s ^ • •..~~ r • 1 a s 0[ ~ ` t[~ i [i dsi bi L~ t1 L B ~°pr~~+`D ~ ~ $ ~Yi~e~~~3 -'!'•ag €: Pei;: .y~. ~ ~ :s: f ! 1 ~ ~~ ;~ Q !i~ s~ 7~ :st it :: FT S ` A. x•0 ? r 1 .t :6V S: i APR 18 '97 11 15 PAGE.02 RPR-18-1997 10 14 ~v ~ ,_ .r ~~ . ~ ~ •:. ~ ~: ~ ~o ~; i~• ~~ ~ ~, ~ ;~ t, ~. ~ -~\ ~. ., ~ , ~•, ~ ~. ~,~ ~. • \ 1 `~ ~' \ ,~` ``~\ `, \~ `, \,, --^~ ~~ / FROM 1 tom` 1~ ~~ .~ `~, ., ;~~~ ~ •• ~r 8874813 P.03 ~ ~. J r r~ ~D 3 ? 3 7 ,~ ~ .. ? sr ~,__ ~~ N .• ~ kk ~ ~3~ rr r `/ ~~\~] N ~ ~ ~ '~ ~ctiv~e ~uw we ~ •V° ~~~ ~ ~0 3«s ~n a7rwr-~Tr: ac ^ z :3s M .9'-.s~69 .. ~ .... ..~ .mow N. ~ ~~- .t~.6v S3 3 2 APR 18 '97 11 16 PAGE.03 TO .+ ~ er < ~ r~ . nr Wm ~~ ~ ~ o °- ... ...~ w, t/9 Q i ~ o~ ~ l ~ ~° t# N ~- ~v° ' (~ i r o . ~ ,~; o ~; t ~ ~ -~ ~ ~, .sz ~ 2; Q ~! w ' z d • ' f L~ # ~~ e . r r g; b ~ ~ h' a- _~ ^ 1 ` ~ ~~ ~U: a `14 N° ~ RPR-18-1997 10 15 FROM 1N ,u • .~., •-~.~ O f~ ® .~ ~ a vj ~ ~ r~ c ~'g ro ~ ~ ~ ~o• l ,~rr~ : 1 i. ~•~ ~ ~~ w ~, f ~ . ~ ~ ~ b ~^ I ~~ g- s ~, ~ I A r~ 9 ~a /~ ~ ~ G' ;~ - .6. ti ~. ~•, ~ j ~; ~ 4. ~,, `;~ ~ /' ` \ • ~ M ~ 4 ~: 9 ` \ \ , ~. ~~~ ~ \ ~ ~ ~\ ~ ~ ~, \`\~\`~ O •y ` ~\. ~ . ~•\ ~ •`°, ~'\ ~ \•, > ~. \ 1.I •~\ ~•\ : o - ~ a ` \` :- \ w h 1! ;.,. ~;. 8, ;, _' o ~, 0 11~ ~ ' ~ ~. ~ ~ ~ • \ ` ~\ w 8 \ • .\ ~ ~\ ` ~ A~\ `\ ~~ ~ ti ~\ °'~• ~ ~~ `~ ~\ • ~\ ti ~\ ~\ •'`~ ~ ~ ; ~ P ~~~ ~ ~ • .. ~ _~ ~, r., •~"rN ~ TO • ^ i t j .. ce ~ ~ ~ W ~ _. ~A ~° , m ~ ~.~ 3 y• ~~ N ~ ,~ ~ ~ ~~ ~ j ~ rn O t ...N ~~ N ° / o j iN ~ - ~ '~ Oi ~~ W; 1 "'~ ~i 8874813 P.04 . ~ .- - ,~; ~. ' ~, ... ~ I _~'~ .. a ~_ ~ J ~ ~ V ~. ~, 3 •~ ' W w ~. Z P t~ ~ ` t~ ~ ~ S. ~- r a. ~' ~' ~Zr ~2N ~• x~ ~ ~~ x~ -` 1 ~ ~ ~ aD~D Sae rom~03Z~ ~ ~ •~ 2 I ~ M .9~.~.6~ W .°. ~ ~ . v ~uw 1 (M .Zy.60 S) ~- . 3 2 APR 18 '9? 11=1? PAGE.04 APR-18-1997 10 16 FROM ~~ .ts s~ j .asp ~; ~ ' • ~~ 1 ' ~ ~~ s • ~ vr! 1 • r, ire ~ ~ ~. ,~ ~\ r: . r, ~~ • rr 8 \; ` •.~• ~. \~ • .~ \,, ~ ~w ; ;~ ~` `~` ~ `~ ~ ~~ ~ -- `, ` ."~ ~. ~\ ~~ ~' .~ ~ ~. ,. r ~ -t, •. ~•. ~. ,, ~\ ` ~ 'S ~~ ~ ~ ~ ~~, \• .---~1 h ; ~~. 'JI ~ \ ` ~" .~ ,.. •. •~r. ~. .~ • •~.~ ~~. ._ s 1 is ~~ ~~^ te'a` ~6 h h d r:' ~n f cv i \! [.: M ~~ ~~ ~ ~~ ? ;~ V ~~ $~ a N~ A~ ~~ ~ N ~. ~ • ~ ., • ~~ ~` .~``~ ~`~ ~ . ,,~~ .9 06°x, •, y'~~~ ti _. ,_o~. ,, 8874813 P.05 ~~ '_a^ _. ~V ` ~ / ~ ~ ~ I ''. ~ +~J 1 i ~ /// ,~~ Q J ~,~ •. r V ~. ~~c o~rio~ ~ ~o •.o mz~ oc ~ z ~ M .9-.S~.6A N „ ~ v arw j fM .Zs.60 S) 3 2 APR 18 '9? 11 18 TO r Z i .-• ~ cic cr ~ i W ~~ m O ~ ~ ~} v- ~ ~ v ice. y A ' ~ r• ~ ~~ ~ t , .-.N ~! i ~~ i N O 'N ~ ~ . ~ i t ; 'tf p N ~j Q: 1 i ~ ~ ~ t ~ ~ .sr ~ t z± ' W~ ~ i ~i O ' f i t# # r~ g a~ r ~_ z~ _ ~ . ~: ' ~c ~~ v~ ~ ~8 ~b 0 TOTAL P.05 PAGE.05 WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chfef W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor April 3, 1997 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Firelight Estates Subdivision COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman GREG OSLUND MALCOLM MACCOY KEITH BORUP RON MANNING Street Lights have been installed by the developer in Firelight Estates Subdivision. These are 100 and 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The four (4) street lights are located at: Lot 16 Block 2 N. Ten Mile Road & N. Sainfoin Way - 250 W Lot 6 Block 1 N. Sainfoin Way -100 W Lot 6 Block 2 N. Sainfoin Way -100W Lot 9 Block 1 N. Firelight Place - 100 W See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~G~' William G. Berg, Jr. City Clerk ~ ~ . ** ID ' 3~tid 1ti101 ** tj a CS ~rar r sn { ti~ • ~ I I ~ ~_ ~~ ~4Y ~~ A 1 1 I 6 ~•• • a a s •• ' °a t ~ I •o ~~~ `~~ .~ X N ~ g 9 f aj ~ ~ e~ a `I°Q ~,\\ ~ ~ ~~ ~ ~ I s~ .r O \ C O ~ t/l m G~ osC3, + •~-a.,dE itr 4S, ~~' :~\\~~ ~~ m~ ?S~CO~~~ ~ J I v O~ Q ~~~ \~ • c~2j~A~n~1Z~2 I s .,,.m, i ~, b ~~ \~ a ~ z'' 2 m A~ a ~ _ ~ ti' ~!~ ® ~ `~ Q ` :~~td'~ `\~~~~' a ~`~ ~ b • Nasvr ~ ?~ I ~\~ ~ ~ ~i 1 V a~ ~ •~ ~ a ~ j I I I9~ ~ _ ~ ~, .'u I R~ ~ lay '~ " ,>,~ • ti ~~ ~ ~ ~ +°' f ~~~ I i (/ $ ~ ~ ,~ _ t _ ~~r „- •~Ir a ~ Rte/ J ~22 ~ ~ .. ~' 'R'D_a 1 a Mt l n C .t rE w. :lSTDC 4'J~D RB 'ai'y '~ j `~ . I te+ t~+•d rrBESr~ ~1 ~'t8r L8~ 2E~c r1HIQIc13td d0 :111'1 ~~ t~ •Qr o~ :T r,n~J WILLIAM (~. BERG. JR., City Clerk JANICE L GABS, City Treasurer GARY D. SMITH, P.E., City ErgMssr BRUCE O. STUART, Water Works Supt, JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parlor Supt SHARt L STILES, P ~ Z Adndnistrator PATTY A. WOLFKIQ, OMV Supervisor KENNETH W. BOYVERS, Flre Chief W.L'BILL' GORDON, Pdbs CENaf WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place t0 Live CITY OF MERIDIAN • ~ ~ 1~A80 MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887.4813 Public Warka/Bnil~ (208) 887-2211 Motor vehicklDtivrxs Ilcease (208) 888443 ROBERT D. CORRIE MEMORANDUM: Mayes To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION ~f 1AUNCIL MEM9RR4 WALT W. MORROW, pretberrt RONALD R TOLSMA CHARLES M: ROUNTREE QLENN R. BB~Ii1EY . . P d 2 C~MMI.SCIAIu JIM JOHNSON. Cltskntsrt TIM HEPPER JIM SHEARER GREG OSLUNO MALCOLM MACCOY Date: :: , ~"~ - 3 ~`'`'"l ,~,~ ~~ .~ M ~ .,,, ~ , ., i k:,....ti.,.,~> .: I have inspecte and approved the electrical wiring and associated components for ,_,_,~ street lights in r.~.L- ~ .Idaho Power Co. can now proceed with the activation- Harold Hudson, Electrical Inspector C:\~W WpV60K',ENEg,~I,~,ECIIVSP.AflbtO ~oF .CITY OF MERIDIAN, BUILDING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 ~,,,,~ 887-2211 Inspection Line 887-1155 +~CTRICAL PERMIT Iss~_~ed: 3/17f97 Permit No: 10cE`3 ,t.IER/APPLICANT------------------~-------PRUF'ER1"Y LOCA1-ION------------------------ STEVE PETERSON 1 1 FIRELIGHT ESTATES !nERIDIAN ID 632~Q~2~ @8/00-000 I Lot: Block. Long Legal: I Sub: T: S: I Parc No: I ~IVTRACTOR-----------------------------DESIGNER-----------------------------____ ALLOWAY ELECTRIC I t 4~Q~ GROVE Sl'. I ~U I SE, I D g?70c I ;08/344-R~07 I -~02~/002~-0020 I ;'C]JECT INFO-------------------------------------------------------------------- Pr.j Value: lk5 600.02 P T STRE ' I Temp Service: rj ype: ETL lGHTS I Residential Service: Occ Type: RESIDENTIAL 1 Number of Rooms: Occ Grp: Occ Load: I Electrical Heat: nstr Type: I Number of Circuits: Land Use: IOther:S'TREETtIGHTS -C~JECT NOTES---------------- I -----------------------~---------------------------- 1"PJSTALLATION OF 1 X50 WAl-T AT L16 Pct 3 102+ WATT AT LE B1, L6 R2, _9 B1 a3ECT FEES ASSESSMENT------------------_.--------------------------------------- Amount F'aid: X126.00 1-OTAL ELEG TR I CAL FEE : ~ 1 c6. 00 Ba 1 ance Due : ~0. 02~ Il1~'ORTANT INFORMATION Inspection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are Required for the installation of any electrical .wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Egpiration. The Building Official reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration -This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulationapertaining and applicable thereto. // r /~ ~, Owner or Authorized Agent Date HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Adminlatrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chle} WAYNE G. CROOKSTON, JR., Attorney A Good Place. to Live CITY OF 1VIERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.4433 • FAZ (208) 887.4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor February 4, 1997 Ms. Carolynn Yadon Letter #2 Construction Administration Republic Mortgage Corporation 4516 South 700 East, Suite 300 P.O. Box 57190 Salt Lake City, UT 84157-0190 (801) 288-9400 fax (801) 262-3024 GOItNGIL ME6!BERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY RE: Written Letter of Guarantee of $15,200.00 (orginally $23,248.00) for~- ~~~ Dear Ms. Yadon Please use this letter as an official written notification to release the sum of $2,000.00 from the current amount of $15,200.00. With the information 1 have received from Shari Stiles, City P & Z Administrator and Steven R. Peterson, Project Manager as of this date, I approve of this reduction. The remaining improvements and amounts of Firelite Estates Subdivision are as follows: Street Lights $6,000.00 Hydroseeding 1,200.00 Underground sprinkling system 6,000.00 Total $13,200.00 I hope this will meet with your approval. If you have any questions, please contact me. Sincerely ~~%~~iL~%C/ William G. Berg, Jr. City Clerk JAN-21-97 WED 01:41 PM 1 • PROTERRA- IDAH~D, INC. January 21, 1996 Ms. Sheri Styles planning Director City of Meridian Dear Sheri: L Thank you for your response to nay previous bond release. I have paid the contractors and they are no longer chaining thelnselves to zny Jeep! The fence has now been moved. Would you be able to release the $2,000 of the bond that was earmarked for that purpose? I have enclosed the letter that Will wrote to my bank for the previous bond release. An additional letter, similar to the old, is all it wiU take to release the bond from the bank. .~ Thanks for your help in this issue. Please send a fax letter releasing the bond to: 1. Republic Mortgage (801) 262-3042 Attn: Carolyan Yadon 2. Steve Petersen @ 342-1.873 Thank you...fs~~our assistance, Steven 2401 Souti~ Apple Road, #I,204 Boise, Idaho 83706 Telephone: (208) 342-1524 FAX (208) 342-I873 EXTRA PAGE. 001 2401 Sout!>r Apple Road, #I.204 Boise, Idaho 83706 Telephone: (208) 342-1524 FAX (20S) 342-1873 DEC 19 '9E 1E~09 FP. CITY OF MERIDIAN 208 887 4x13 TO 3421873 WILLIAM G. BERG, JR., City GerK JANIOE L. GASS, CityTreasursr GARY D. SMITH, P.E., Cry Ht~lneer ORUCE D. STUART, Watet WotkS Supt. JOHN T. SHAWCROf"'Y, WaetO Water Supt. Ot:NN1S J. SUMMERS, Perks Supt. SHARI L. STILES, P 8 Z Adminletralor PATTY A. WQ4FKIEL, DMV Supervisor KENNETH W, BQWERS, Flre Chief W:L. `61LL- GOROON, Pollog Chlaf WAYNE G. CROOKSTON, JR., ARomay HUB OF TREASURE VALLEY A Good Place b I,f~e CITY OF N~It.IDIAN 33 EAST IDA~YO :ViERIDJAN, IDAHO 83642 (208) 868-M.'-3 • FAX (208) 867-4813 Public W~r&s(Buildieg bcpardncnr (208) 887-2211 Mohr V,ahicleJDrivers License (208) 888-44x3 kOBBRT D. CORRIE ME11~IO1CtAloTDUM Mayor Z'O: Wilaiam G. Berg, Jr., City Cler ~s FROM: Shari Stiles, ]~l & Zoning Administrator DATE: December 19, I99b SiJBJECx. Firelight Estates Subdivision -Partial Release of Bond P. D1'D1 CuUNCIL ME(y1BERS WALT W. MORROW, Presid6nt RONALO R. TOLSMA CHARLES M•ROUNTREE GLENN R. BEN11lY P~S~ylid1~14~! JIM JOHNSON, Ohelrm&n KEITH 80RUP JIM SNEAKER GREG OSLUNO MAl.COUN MACCOY I talked with Steve Petersen today and told hitn Y would ask you to release a portion of the bond on the above-referenced project. His current bond is fOr $23,248. The City needs to retain $15,200 of this for completion of the following items: Streetlight9 $6,000 H dr ,~iin ] , f Fence on Ten 1 f~ 2 000 Underground Spn ing ystem 6f000 $ ] 5,200 Steve would appreciate the release of the $8,048 difference as soon as possible so he can pay some of his creditors. Thank you. oc: Steve Petersen 0 ' ?FIfI X12 '9~ 1°-:dEt F~ :,iTY be MERIDIAN 208 38~' .}F31.3 TO 342!87, Q1~J9LE wI:UA!A G. 6ERG, JR., City Cleric JANICQ L CASs. Clly Trsasuror GAP.Y D. SMrfH, P,E., Clry Englnear 6RUCE D. STUART. W31sr Works Supt. JGHh T SHAWOROFT. W9sta water sup:, DEnVl3 J. 6UMM6RS. Pa~C9 Supf. SHARI 1,. STiLEti, P B Z AdminlilralOr PATTY A. WOLFKIEL, D41V Suporvlso• KEtiKETN W. BOWERS, Errs Chet W L 'l11LL" CORDON, Polk® Gh1ol WAYNE Q. CR40MSTON, JR., Atlom9y HUB OF TJ~.A9URB VA.LL,BY A Good Place to Lave c~iT~ a~ ~~~~~~ 33 EAST IDAHO MERCDWIV, IDAHO 53642 (TU8) 888.4433 ~ FAX (TUB) 887-4813 PuD(IC Wnrlt~vilding 17e~etboent (208) Sd9.2211 Motor VchialclDri~cts t.iaase 1203) 888.4443 Itt7DE)2T A. COFiRIE Mayor December 28, 1996 ~~~ ~ ~r~~ Ms. Carolynn Yadan '~~ Construotion Administration Republic Mortgage Corporation 4516 South 700 East, Suite 300 P.O. Box 57190 Salt lake Gity, UT 8415"1-0190 (801 } 288-9400 fax (801) 262-3024 P. ~72:'0d ~ t ~ l .l M?FR1S WP_T W. MORROW, President aoru~~a R. To~sMA CHARLES M. ROUtd1'RI:E P 8 2.~,41dM1~.*)~N Jlu JOHN50^t, onarrman KEITM DORUP JiM SHEARER GAF.G OSLUNO MALCU.M -ytgCGOY IFtE: Written Letter of Guarantee of $23,248.00 for Firelite Estates Subdivision Dear Ma. Yadon .~ ~~ ,p~a,-,a .,..-tenra .~%,+~ ^^~. Please use this letter 8q an official written notification to release the sum of $8,848.00 from the original amount of $23,248.00. With the information 1 have received from Shari Stiles, City P & Z /ldminisirator and S ~ on. Theerema ning~mprovemenes andf amlo uas ofi Firelite approve of this redu Estates Subdivision ar® as follow9: $6000.00 Street lights 1,200.00 Hydroseladin~ Moving of fence on 1`en Mile 2,000.00 Underground sprinkling system 6,000.00 $15,200.00 Total 1 hope this will meet with your approval, If you haver any questions, please contact me. Sincerely ~~~~~~ Williom G. Berg, .lr. city clerk JAN 21 '9? 13 41 2083421873 PAGE.02 PROTERRA- IDAHO, INC. Decemberl0, 1996 Dear Sheri Styles and Will Burg: , I am writing in regards to the bond that I posted at the city of `Meridian for the Firelight Estates Subdivision. I have completed all of the items in the bond except for the street lights and the hydro-seeding on the berm. Also, T have included pictures of the completed improvements, in .case you do not have time to personally visit the subdivision. ;~ am requesting that; the bond be' released except for the two above mentioned items. T'he following is the amount for which the bond should be reduced. Original bond amount -----+----=-----=--- $23,248.00 (see attached letter from Republic Mortgage) Do not release°hydro-seeding band ----- $ 1,200.00 (see bid - to be completed in Spring 199'n ,Do not release street light band,--------- $ 6,00:00 (Standard city bonding amount $1,500 for-~ . street lights - to be completed iri Dec.19Q7) Total bond. to be .released -------------- $16,Q48.00 Please also find enclosed a letter from Masco, Inc. who was the contractor for the pressure irrigation pump station. The pump station is 98% completed a~ncl _ is 100% paid for, thus there is no risk to the City as the entire amount for the. pump station has been paid. The contractors who have done.the fencing, irrigation, landscaping, etc... are .anxious to be paid. They `will be paid as quickly as the. bond from the city is released.- Your prompt attention to-this matter will be greatly appreciated. Please send a fax letter releasing the bond to: 1. Republic lwiortgage (801) 262-3042 Attn: CarQlynn Yadon 2. ;Steve Petersen @ X42-1873 Th f your assistance, Stev etersen , 2401 South Apple Road,.#L204 • Boise, Idaho 83706 Telephone: (208)-342-1524 -FAX (208) 342.1873 ~' REPUBLIC MORTGAGE *' CORPORATION APRIL 30, 1996 CITY OF MERIDIAN BUILDING INSPECTIONS RE: BOND FOR FIRELIGHT ESTATES - MERIDIAN IDAHO TO WHOM IT MAY CONCERN: THIS LETTER SHALL SERVE AS A WRITTEN GUARANTEE THAT. WE ARE HOLDING $23,248.00 TO INSURE THAT THE SUBDIVISION LOCATED AT FIRELIGHT ESTATES - MERIDIAN IDAHO IS PROPERLY CONSTRUCTED AND COMPLIES TO ALL APPLICABLE BUILDING CODES. THIS BOND ALSO GUARANTEES THAT INSTALLATION OF ALL REQUIRED IMPROVEMENTS AND/OR THE PROTECTION OF ALL IMPROVEMENTS DURING THE CONSTRUCTION PROCESS. UNDER NO CIRCUMSTANCES SHALL ANY PORTION OF THIS MONEY BE RELEASED UNTIL OUR OFFICE HAS RECEIVED WRITTEN NOTIFICATION FROM THE CHIEF BUILDING OFFICIAL. SINCERELY, `~ CAROLYNN N CONSTRUCTION INISTRATION 4516 South 700 East, Suite 300, P.O. Box 57190, Salt Lake City, Utah 84157-0190, Telephone (801) 28&9400, FAX (801) 262-3024 1 ' -'i.r ' ^1 .. lH.i. ~a ~,~' ..., ~. ,~, , ?'rct, .. rr:1t iCt ~., _ , ,, .. ..... .. .. ... ...ijr ~i ~. I ~~~,~~~r ~.~,r,.,~,r i~~"FJ,`. '~ ~~~s% ~'~J.~i; .'~.~~?f.i~ m I'3r~tyi~~: ~,,t~t1~31 .~~7i-!:~'~~~ t ~:~,?. ~r(~SLyI ~ ~. '{3~~% ~ ._._...._... ..~f.•~ i ;i ~ ,. i'3 . t '.-i~ ~ i t ~ t! '1 ~~'~s1~7 '~d t;:~, ,1.^s. (~elYY1~ 5~~~n ~~ .(.. , ti ~.'i ~ ty t,~i~: ~, .<.. ~~i•~ .~ ~'%:~~:1 e'd:.~iiz >', ~sV Tt.~Ei! , 9l:J i,V L~>il .. ii 7. 1 ~ r - - .^ ,,~ .. :~l t t k +, t~i~,..M t;%k, f ~i,i.,. _i.I1F?di, %xC, si9Eii~p. .bT1.'.1i1 ti'%i}~ ~i >i €~+: C~~ t `~:d[~3~- _...'. L7!.1' ,.?.3';.23" t .__ 1 (~~.. ,i~:(~ %'t~t'~..Tie,. Tiili. i .~ ....:.ix+.t::.~:~ ., ~. z 4 yy FF r-., .,. n I ;[' 'e-i ~ 3~-~,«~ ~~..~Ei~.~3-s ~ r.1r Sir. ~Sf: 1. Y';'i.~ ,(s_ '~4 ^,~,• ) ~~ ~; P.Y 1_j1 ~f~... i iR_ ~ t ii y ;,,,,. WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • PAX (2~) 8874813 Public WorksBuilding Depamnent (208) 887-2211 Motor Vehicle/Driverslicrose (208) 888-4443 ROBERT D. CORRIE Mayor December 28, 1996 Ms. Carolynn Yadon Construction Administration Republic Mortgage Corporation 4516 South 700 East, Suite 300 P.O. Box 57190 Salt Lake City, UT 84157-0190 (801) .288-9400 fax (801) 262-3024 CON 1 MMBac WALT W. MORROW, Presklent RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z G~Mti!ISRI~N JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY RE: Written Letter of Guarantee of $23,248.00 for Firelite Estates Subdivision Dear Ms. Yadon I am not familiar with the procedure regarding a "Written Letter of Guarantee", so please be patience with me. Please use-this letter as an official written notification to release the sum of $8,848.00 from the original amount of $23,248.00. With the information I have received from Shari Stiles, City P & Z Administrator and Steven R. Peterson, Project Manager as of this date; I approve of this reduction. The remaining improvements and amounts of Firelite Estates Subdivision are as follows: Street Lights $6,000.00 Hydroseeding 1,200.00 Moving of fence on Ten Mile 2,000.00 Underground sprinkling system 6,000.00 .. Total $15,200.00 I hope this will meet with your approval. If you have any questions, please .contact me. Sincerely ~~ William G. Berg, Jr. City Clerk WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE MEMORANDUM Mayor TO: William G. Berg, Jr., City Cler c ~~-~~s FROM: Shari Stiles & Zoning Administrator DATE: December 19, 1996 SUBJECT: Firelight Estates Subdivision -Partial Release of Bond GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY I talked with Steve Petersen today and told him I would ask you to release a portion of the bond on the above-referenced project. His current bond is for $23,248. The City needs to retain $15,200 of this for completion of the following items: Streetlights $6,000 Hydroseeding 1,200 Moving of Fence on Ten Mile 2,000 Underground Sprinkling System 6 000 $15,200 Steve would appreciate the release of the $8,048 difference as soon as possible so he can pay some of his creditors. Thank you. cc: Steve Petersen ~ REPUBLIC APRIL 30, 1996 CITY OF MERIDIAN BUILDING INSPECTIONS MORTGAG$ RE: BOND FOR FIRELIGHT ESTATES - MERIDIAN IDAHO TO WHOM IT MAY CONCERN: THIS LETTER SHALL SERVE AS A. WRITTEN GUARANTEE THAT. WE ARE HOLDING $23,248.00 TO INSURE THAT THE SUBDIVISION LOCATED AT FIRELIGHT ESTATES - MERIDIAN IDAHO IS PROPERLY CONSTRUCTED AND COMPLIES TO ALL APPLICABLE BUILDING CODES. THIS BOND ALSO GUARANTEES THAT INSTALLATION OF ALL REQUIRED IMPROVEMENTS AND/OR THE PROTECTION OF ALL IMPROVEMENTS DURING THE CONSTRUCTION PROCESS. UNDER NO CIRCUMSTANCES SHALL ANY PORTION OF THIS MONEY BE RELEASED UNTIL OUR OFFICE HAS RECEIVED WRITTEN NOTIFICATION FROM THE CHIEF BUILDING OFFICIAL. SINCERELY, ~~ CAROLYNN N CONSTRUCTION INSTTRATION 4516 South 700 East, Suite 300, P.O. Box 57190, Salt Lake City, Utah 84157-0190, Telephone (801) 288-9400, FAX (801) 262-3024 ** TX CONFIRMATION REPORT ** AS OF DEC 19 '96 18 10 PAGE.01 CITY OF MERIDIAN DATE TIME TOiFROM 24 12119 18 09 2083421873 DFFIGIALS WILLIAM G. BERG, JR., Clry Clenr JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clry Engineer BRUCE D. STUART, Water works Supt JOHN T. SHAWCROFI; Waste Water Supt. DENNIS J. SUMMERti, Perks Supt. SHARI L, STILES, P & Z Adminlmrator PATTY A. WOLFKIEL, DMV 3upeNlsor KENNETH W. BOWERS, Flre Chief W.L. "BILL' CORDON, Police Chief WAYNE G. CROOK3TON, JR., Attottwy MODE MINiSEC PGS CMD#t STATUS G3--S 00'42" 001 055 OK HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888.1433 • FAS (206) 887-4813 Public Worka/Building Dcpettinent (208) 887-2211 Motor Ve)»cldDrivers License (208) 888-44x3 ROBERT D. CORRIE MEMORANDUM Mayor TO: William G. Berg, Jr., Ciiy Cler FROM: Shari Stiles lPl"anninggi Zoning Administrator DATE: December 19, 1996 SUBJECT: Firelight Estates Subdivision -Partial Release of Bond COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P 8 2 COMMISSION JIM JOHNSON, Chairmen KEITH BORUP JIM SNEAKER GREG OSLUND MALCOLM MACCOY I talked with Steve Petersen today and told him I would ask you to release a portion of the bond on the above-referenced project. His currem bond is for $23,248. The City needs to retain $15,200 of this for completion of the following items: Streetlights $6,000 Hydroseeding 1,200 Moving of Fence on Ten Mile 2,000 Underground Sprinkling System 6.000 $15,200 Steve would appreciate the release of the $8,048 difference as soon as possible so he can pay some of his creditors. Thank you. cc: Steve Petersen HUB OF TREASURE VALLEY WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney December 11, 1996 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887.4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 Mr. Steve R. Petersen Proterra 2401 S. Apple Road, #L204 Boise, ID 83706 Re: Firelight Estates Dear Mr. Petersen: ROBERT D. CORRIE Mayor 3`~a" Post-it® F To Co./Dept. Phone # Fax # ?~ I visited the site today to review the platting requirements. I have asked Will Berg to get his detailed list of bonding requirements so we can determine the amount to be released. I could not find an itemized breakdown of costs in my file. In accordance with my letter of June 11, 1996, and our meeting of June 12, 1996, the fencing along Ten Mile Road does not appear to be in the correct location. There is only seven feet between the right-of--way line and the fence that has been installed. The remaining 13 feet of common area is beyond the fence. This situation has caused continual problems within the public works and building departments. This area cannot be included in the lots. Had the berm been built higher to more closely match Candlelight Subdivision, the fence could be built on the property line as we agreed in our meeting. Also, it does not appear that any underground sprinkling system has been installed in the planting strip. Also, as noted in my letter, a permanent, six-foot-high chain link fence is required on the northerly boundary of Lot 10, Block 1. It was agreed the six-foot-high cedar fence would be provided along the southerly boundary of this lot at the time of building permit. Permanent fencing is also to be provided along the northerly boundary of the subdivision (portions of this may be installed; however, it was too muddy to inspect sufficiently). COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY I also have not received the letter of approval from Nampa-Meridian Irrigation District regarding the telephone boxes which are installed in their easement. ~g~3 Mr. Steve R. Petersen December 11, 1996 Page Two I regret any misunderstanding there may have been on these issues. I always attempt to put things in writing so it is clear what the requirements are. If changes are agreed to, they, too, must be put in writing. Please address these items and respond in writing to my office. If you have questions, please don't hesitate to contact me. Sincerely, CITY OF MERIDIAN .,[~ ~f~-YES Shari L. Stiles P&Z Administrator <, °50~`~ZU8 ~ ~~ ....~^'v~,fl~.r.~ DEVELOPMENT AGREEMENT ~ n = J THIS AGREEMENT, made and entered into this ~~ Er ~ ~ ~l(' ~~ ~` ' _-, 1995, by and between the CITY OF MERIDIAN, a municipal corporat~,on of the State of Idaho, party of the first part, hereinafter called the "CITY"~^a~~k-Froterra=Idaho; Inc:-party of the second part, hereinafter called the "DEVELOPER", vDtiose address is 240 . `~A 1 Road, Boise. Idaho 83706. ~~ ~ WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law andlor equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-41.6 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing beil~re the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 1 . , WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1 500 square feet of floor space, exclusive of garages. 3. That the property zoned-4; described in "Exhibit A", shall have lot sizes of at least eightht th~ncl (5.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. S. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within ~ that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 2 also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (IS) days advance ~ written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. .That DEVELOPER will, immediately upon the completion of air such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to he completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 3 improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting .at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occup.~ within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. .That DEVELOPER agrees to, and does hereby, ,grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 4 installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of - trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or ad:~ances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such .bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occu~ll. • will be issued until all improvements are completed, unless the CITY and the DEVELOPER have FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 5 entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Oc i ncy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer PROTERRA-IDAHO. Inc. City of Meridian 2401 S. Apple Road 33 East Idaho ~ Boise_ ID 83706 Meridian, ID 83642 Steve Petersen_ Secretary 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: PROTERRA-IDAHO, Inc. By ~.2~~ Charles W. Akerlow, President Steve Petersen, Secretary CITY QF MERIDIAN ~~.~ ~ OF ~ER/~ ~,,~ Grant P. Kingsford, Mayo . .'. ,, ~~~L = B ' 9 °~' ~ William G. Berg, Jr., City 1 ~G ~`~ ~'% 90 ~ T 1 S'~ ~ ~Q `.`. ~ "~ ~'` FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 7 STATE OF UTAH ) County of Salt Lake ) ss. On this3O~ day of '• , 1995, before me, the undersigned, a Notary Public in and for said State, person appeared ~"`W ~w and a,~, known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto. set my hand and affixed my official seal, the da~„and,~ar i~ jfdcate~rst above written. ~ -."~~•~ \, ANNELSEyS~fl~~L~HAM 1 ' 1 ,~ 1450 M:idary SAIay 3ait lake Oity,, Utah 84103 i My Commisswn Expires 1 au~y zs, lase 1 stagy ~ umn _ J Notary Public for Idaho 1'"~ ""' ~ """r ~"~ +'~ ~ ~ Residing at: (SEAL) My Commission Expires: STATE OF IDAHO ) County of Ada ss. On this 3oth day of June , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared CRAN1'~-I". ~3NGSFORD and WILLIAM G. ,BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. ~ s~ . ~otaRy (SEAL) is ~' U B `~G ,~~~J~~~f Of `o~ao,,; ublic for Idaho at: Meridian y Commission Expires: os~o2/99 FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 8 ` ~~ 06/08%95 08:30 '$`~08 38~ 9936 . ~x~/~/T ~ -.~;. - - ,.~ PIOAIEER TITLE COMMITMENT FOf TITLE INSURANCE SCHEDULE C Fle Number: TIM 1138288 The land referred to in this .Commitment is described as follows: A PARCEL OF LAND LYING !N GOVERNMENT LOT 1 (THE NORTHEAST QUARTER QF THE NORTHEAST QUARTER} OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, IN ADA COUNTY, IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 0 DEGREE 7' EAST 255.75 FEET FROM THE CORNER STONE OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN; THENCE CONTINUING SOUTH a DEGREE 7' EAST ii754.25 FEET; THENCE SOUTH 89 DEGREES 52' WEST 56 FEET; THENCE NORTH 58 DEGREES 8' WEST 100 FEtI"; THENCE NORTH 33 DEGREES 32' WEST 808 FEET; THENCE NORTH 47 DEGREES 25' EAST 444.20 FEET; THENCE NORTH 0 DEGREES 7' EAST ?_5.22 FEET; THENCE SOUTH 89 DEGREES 53' t~4ST 255.75 FEET TO THE REAL POINT OF BEGINNING, EXCEPT AN IRREGULAR TRACT OF LAND LYING IN LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN. ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 0 DEGREE 7' EAST 255.75 FEET FROM THE CORNER STONE OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE CONTINUING; SOUTH 0 DEGREE 7' EAST 1,054.25 FEET, THENCE; SOUTH 89 DEGREES 52' WEST 56 FEET, THENCE; NORTH SB DEGREES 8' WEST 100 FEET, THENCE 33 DEGREES 32' WEST 808 FEET, THENCE; NORTH 47 DEGREES 25' EAST 444.0 FEET, THENCE; NORTH 0 bEGREE T EAST 25.22 FEET, THENCE; SOUTH 88 DEGREES 53' EAST 255.75 FEET TO THE POINT AND PLACE OF BEGINNING. AND FURTHER EXCEPTING THAT PORTION OF THE NAMPA AND MERIDIAN, IRRIGATION DISTRICT DRAINAGE RIGHT-OF-WAY, AND RIGHT-OF-WAY FOR N. TEN MILE ROAD. ~ 002 EiUD OF LEGAL DESCRIPTION 4 ~ i n , ~ . wl• EXHIBIF "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND PROTERRA-IDAHO Inc This subdivision is for ~4 single-family dwelling units with an overall density of ~ dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches; canals and waterways, including those that are property boundaries or only partially located on the property; Nine Mile Creek is specifically excluded from the tiling requirement. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct streets to and within the property. 4. Dedicate the necessary land from the centerline of North Ten Mile Road (45') for public right-of--way. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide twenty-foot (20') wide, mounded landscaping strips along North Ten Mile Road; provide for maintenance of said berms and landscaping by the Homeowners Association. 8. Provide pressurized irrigation to all lots within this subdivision along with evidence to the City of approvals from appropriate irrigation district/canal company and/or Bureau of Reclamation. 9. Provide non-combustible fencing outside of the existing easements along the Nine Mile Drain prior to applying for building pernuts; permit no encroachment in this area. 10. Provide perimeter fencing along north and east boundaries of Firelight Estates Subdivision prior to applying for building permits. 11. Provide afourteen-foot (14') wide gravel access road over the sewer line located within the Nine Mile Drain easement in accordance with the requirements of the City Engineer. EXHIBIT "B" FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT Page 1 of 1 i~ AGREEMENT This Agreement is made and entered into as of the _ day of July, 1996, by and between the city of Meridian, a Municipal Corporation of the State of Idaho (the "City"), and Proterra-Idaho Inc., an Idaho Corporation (the `developer"), WIT'NESSETH: WHEREAS, the Developer, and City entered into that certain Development Agreement (the "Subject Agreement"), dated as of the 30th day of June, 1995 with regard to the development of the Firelight Estates Subdivision (the "Subject Subdivision"), located within the boundaries of the City. A copy of the Subject Agreement is attached hereto and by this reference is made a part hereof; and WHEREAS, the original Final Plat for the Subject Subdivision which was prepared and submitted to the City by the predecessors in interest of the Developer and the current owner thereof; contained certain factual errors which each of the parties hereto acknowledges and agrees should be corrected prior to the recordation of the Final Plat for the Subject Subdivision, all on the terms herein provided; and WHEREAS, the Developer has caused the said Final Plat to be amended to fully reflect the agreed facts with regard to the Subject Subdivision as between the parties hereto, and to correct the errors referred to above; and WHEREAS, the parties desire to reduce to writing, their Agreement with regard to the above referenced matters, NOW THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and vahiable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. The Subject Agreement attached hereto, shall remain in full force and effect and shall continue to be fully binding upon the parties to the Subject Agreement. 2. The final Subdivision Plat for the Subject Subdivision, shall be as attached hereto and which shall be immediately and properly recorded in the records of Ada County and be accepted for all appropriate purposes by the City, as required by the applicable laws and ordinances. It is expressly acknowledged and agreed that all past approvals, and signatures of appropriate officials of the City in connection with the recordation of the Final Plat for the Subject Subdivision shall remain in full force and effect and with continuing validity. Q~am~e.Q.uv~xsrce~ 3. The Owner and Developer agree and acknowledge that no building permits shall be sought by them or by their lot buyers until they have fully complied with all of the provisions of the Subject Agreement attached hereto. 4. The City agrees to immediately obtain the signatures of all appropriate City officials required in order to allow for the immediate recordation of the Final Plat for the Subject Subdivision. 5. All parties acknowledge that all action undertaken pursuant to this Agreement is intended to supersede in their entirety all actions heretofore undertaken by either of the parties or by their predecessors in interest, with regard to the Subject Subdivision, and that it is their intent to hereby resolve any remaining questions which would otherwise interfere with the recordation of the Subject Final Plat for the Subject Subdivision and to allow the Developers to move ahead expeditiously to complete the Subject Project. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date first hereinabove written. Ada City, Municipal Corporation of the State of Idaho Attest: by its Proterra-Idaho Inc., an I Corporation by its Presi ent a\e.ulProem~lPirdi~htaoo ~. ~ I g~ ® Jd~ mat; O .~ c~, r z N I ~4 \• \ \ '1 zQrk 6 .Z1 ~ ~V '~ '.\ • \\ t'~ t'o. g v ~ :~ ~ ~ J L c~ ~\~'' ;\\ ~ R - 7 C ~ s(S 89'52' >r 56') n ' ~ ~ N 89'33'48' W 2 akv~ulffD iaap PiE awe • voIFA s 3 . 30.90' wean v9i wne nusnc c.r. 3 s _ a - .. .. a ~ I I -- o.oo o- Jtbg.w . is v S ~j:a ~^ bRi ~ y5 R~ ~ ~ , ~ I z z .88e ~~~p.'c~J 'l5~4~"f~~~'~'c~q~~ ~~°aa '`:® I I ~ ~ D• •® 0 y~, , 6 . aR_'~ ay I • ~§i E i ' I •I ,~ ~ •J f:~ ~ E; 4#.`~:: r~iYO y~ g ~i o o ~. ~ ~-~' z ~ o io ~ n '+ rn 1R I 8 \ ` ? ~ ~y ~~ x4 ~°$ &; aF ~ t~~ a ~ z O~ipgm ~ _>~ 3 ~ r ~$ ~ ~ 8 ~ N ~; •,•~ O. .~ LL~ ~ ~ gY] S N~ ~ A$ N, }~ ~ ~ pN~iy fvp'/1 ~ A p~ I ~ m ~ \ N Z 1 ~.'6yN g ~' \ `~ `` \ ~ ~~ . 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N / l C~A I I .NOOZ.~i.'E r6.aa' ' z N~~S. 3~•~' 01~~~ a~(\ r r r r ri'r r r i~!, a-'e 4 ~ ~ I s e9as•4o• a 144.99• ~ ~-a ~ / /~ ~ . ~ti1 - - - n ~ I ~: // o ~ I N ~ ~ z G ~'I ~ i / --4 - S • ~ ` A, \ 1 _ ~a ~W ~ ss N s wor2.~ ee iraar Q • ~ v ~~ (s es,sa• f) ~ S BYO;24• E {y~~t3~ +~ $'v ~ (S 8i'S3' f) tai +,N ' ~ _ _ _R'9_ 'I171 'NC1 ^~"~' L'C t£ W. US11CK ROAD 'A'8 ' II ! Y "Nf i ~ • I ~, R1 Z> l ~ m ~ ~c~ m Z~vm~ ~ wOO gm 1~. -~D?~51~-~-I ~ Z D ~ O~ Z ~~ ~C~Zr' ZmrDM~ ~ n ~0~ `•'1 v -- v o mzy (7 I++(~ ~ 0 'y z W ~'~.. ~ G A l Q V I "~ ,,-;. PROTERRA-IDAHO, INC. 2401 S. APPLE ROAD SUITE #L204 BOISE, ID 83706 LETTER OF EXPLANATION RE: FIRELIGHT ESTATES PLAT BLOCK #2 LOT #9 July 8, 1996 Dear Mayor and Meridian City Council, I am writing to explain a confusing situation with regard to a subdivision, under development in your city, called Firelight Estates (See attached plat map). The following is a short explanation on the background of this subdivision. Our company, Proterra-Idaho, Inc., purchased the subdivision in June 1996. Before we purchased the property, Meridian City had already given the subdivision final plat approval and final construction approval. Since that time the physical improvements in the subdivision have been substantially completed, except for the road paving which will be completed Friday July 12, 1996. We have bonded with the City of Meridian for the remaining minor improvements (landscaping, fencing, signage, etc.), ail of which will be completed before the building permits are requested. As you can see from the attached signature sheet for the subdivision in question, both Gary Smith and Will Berg have already signed on the final plat. Now that we are nearing the recordation of the final plat, a problem has been called to our attention for the first time. This problem was created by the previous owner-developer, without our knowledge. Prior to our purchase of the platted subdivision, the previous developer sold a PROTERRA-IDAHO, INC. 2401 S. APPLE ROAD SUITE #L204 BOISE, ID 83706 sepazate pazcel of adjoining land, which was not part of the subdivision plat which we purchased, on a "meets and bounds" basis (referred to as Block #2 Lot #9 on attached plat map). That sepazate pazcel was sold to Jack and Betty Dunn. At that time, the Dunns agreed with the same party, from whom we purchased the platted subdivision, (see attached Letter Of Understanding), to sign any documents that would be necessary for the approval of the adjoining subdivision. However the previous owner-developer appazently failed to disclose to the Dunns and to our Company, that the existing Ten Mile Road Easement would eventually be increased from 28 feet to 45 feet. In other words, the Dunns unknowingly agreed to give up to Ada County 17 feet of their property as a Right Of Way on which a sidewalk would eventually be built. Now, the Dunns aze refusing to sign our final plat as adjoining property owners within the subdivision, and they desire to betaken out of our plat altogether, an action which we obviously enthusiastically endorse. Our final plat cannot be recorded until the Dunns sign our final plat or until their separate parcel is taken out of our final plat. We respectfully request that the Council consider allowing us to totally remove the unrelated Dunn pazcel from our final plat. Furthermore, we would like the council to allow all of our current final plat approvals to remain in place, after our final plat is amended to delete any reference to our neighbor's separate land. When the sepazate, unentitled, but adjoining pazcel was originally sold to the Dunns, the plat, which was sold to us, should have been amended and that PROTERRA-IDAHO, INC. 2401 S. APPLE ROAD SUITE #L204 BOISE, ID 83706 separate parcel deleted from the subdivision which we ageed to pwchase. If that separate parcel was to have been included within the boundaries of our subdivision, the Dunes should have given the City of Meridian an owner consent ageement for the approval of the subdivision as originally presented. Neither of these standard procedwes was followed either by the City, or by the Dunes. Now this problem, which was created by the previous owners-developer, is at a crisis stage because even though ow physical improvements are substantially complete, ow final plat cannot be recorded until this issue is resolved. I will be at the City Council Meeting on Wednesday evening in order to answer any questions that you have about the situation. Because the Dunn property should not have ever been included in our plat, it seems that the most equitable strategy would be to simply remove the unrelated Dunn property from our plat altogether and allow us to proceed with recording ow final plat. Thank you in advance for your consideration. Sincerely, Steven R. Petersen Vice President ~ .' \~` ~~a. ` 0 \\ :\~ \~\ • ~~~ \'\ \` ~ ~ \' ~\,~` 0 r -~ . ~ ~~ / 'Q~'' % ~~ ., • = Zv X.. _~ ~ ~ ~ ~ ~ c g ~ ~ ?'S~ov~~ m a Q Zoo= ~ N .~ ~j~Z oz~C~~r ~ ~ ~~~~~~ A D ~v~ • O AZ~ ,y se. ~ ~ w 'r t~. ~ ( ~ ~ ( .~~ ~11 • • a a a ••a• ~ ~~. * ~ ~ ~ ~ ~i~^ ~~$~ ~ ~ ~^~~ ~ s ~~ ~~ ~ t ~ " ~~ ~~ f ~~ F ® +~ \ \ ~€~t8~ ~ ~ ~ ~ ' $~ ~ ~ ~~ ~ ~1 ~ ~~ iii . , ,~, ~ ~... \~ ~ G'~~ \~ ~~ ~ ~$ • t \ i\ \~ t ~ ~~, ® \,, ` ® ,~ \\ ~ _- + ~ N . y .~ i ~ r.l Q N ~I~JY' ~ `~~ I ~~ w~ • v) ~i :~ L I ~ ~ y ~ ' I, ~, ~' . 1 ~ I it • ~ y~l ~_~s ~ s as~~. c muz ~. ~ O ~~ I + ® M ~~ .~ II a ~~ ~~~ yl`' 0 s ss~a'~ c ~ ~ ~anov = \ ;® \\ ~\ ~`~,s I ~ i i \ . y~l ~,\~• ~~ ~ ~ \ ® ~ a\ I "~' I = ~r ~ •"~,, ~ • +aw i s sns~a~ c =~ °'~ g , o faaM i p~ / _~~_J =$ -~ ~~Q ~v sea~a•e u~unm ~_ _ ~ _ ~ 7rY 'I/Y lllC'i ~ y¢ ~. usflGC ROAD 7~ '%171 '7YI'l 4 ~~ ~~ a° ~~ S o ~ >° 1R ~ ~ ~~ ----~ ~ ~ r-- ~ - i ~ 1- ; ; : ~~ ~ ~ o ; sr'r; ; stCs ; t ' ~~e~ ' F ri~~~ ~ M ~ ~ ~ 1 ~ 1 ~ ~[ ~~=mar gY L~~~~J ~~ ~1 ~ ~~~ ~ ~~~ ~~~ o~ ~ og a N~ 8 ~~~ ~~~ ~4 ~S ~~~ ~ ~~~ ~~> N I ~~ ~~_ . ~ . OP' ~ ~'1 ~ ~ P~ ~I ~ ~ ~ ~~ ~~ ~ _~ i ~~ ~~ ~ ~ ~a ~~~ ~ ~~ ~~ ~~ ~~ ~ ~~; ~~~ _~~ ~~ ~~~ .~~ ~~ s $ a~ ~ ~ ~ . ~ ~~ ~~ ~~~ ~~ .~~~ ~~ Y~~ ff~ A M p» ~~ q~ ~~ ~~ i r~ M P~ ~~~ ~~~ Byy~ O ~~ = r y~~ ~~ ~~ K ~~ ~~~ ~_ ~~ ~~ a~ ~~ ~~ ~_ ~~ ~~ as ~' ~~ a8 ~~ p[ 1 ~~ ~ _ b ~~ a 0 ~~~~~ ~~~~ ~~~ ~ ~~~~~ a aaa~~~ ~~~~ ~~ ~~~ ~~~ 3~~y~ O ~~~~~ g~€~~ Y ~~~~ ~~i~~~ s~~8 ~~ ~ ~~ ~~~ ~~ ~~~~ ~~~~ ~~~ ~~ v i a ~~ ~~ ~~ ~~ s R•• S ~~ <~ a; 3 ~': a R~~ ~~~ ~~~ I< T ~~ L~'~ ~~ g~ N 1 ~~ ~~ ~~ ~~ ~~ ~Q a~= ~~~g ~~~~ ~~ ~~ ~~~ ~~~ ~~ ~~~ ~~~ e D N ~. ER OF UNDERSTA;IDINCi ;! '~ fi '1 (' ~~ '~ } ~' ~ ~!~ _ ~ „. sECURmr Tm~ RE: 3095 N. Te Mi Rd. ,'l~l llfi4i ~• I~`r` ~~ ' Meridian, I- 3642 q~ ~ _ ~~J hereb a ree as follo~v.$......( The undersigned parties Y g ~:,, :,~ ~,; 1. Purchasers agree that they have no objection to the platt ng of Firelight Subdivision and that, if necessary, they will join in any applicatiei~ tarcel ai not part of the s bdivision.approval, even though th p 2. Firelight Estates agrees that the purchasers, their assigns and successors will have uninterrupted use of the well and septic system located on Lot 10 of Firelight Estates preliminary plat until city services are available. Firelight Estates will provide these sesvi in the eventcthe property is sold or htransferred s or successor , Further, as previously agreed, Firelight Estates agrees tv hook up ttte resiae reement shall alsolextend tooany assignstor purchasers. Thi g successors of Firelight Estates. DATED this ~_ day oP November, 1994. SaSgco, Lnc. r CK W. DUNN, Buyer • BETTY A. DUNN, Buyer STATE OF IDAHO County of Ada ss. On this 1st day of November, 1994, before me personally .lack IJ.Dunn and Betty A. 1)~i~i-z , whom I appeared know personally/whose dent ties were proved to me on thane atduly their , a credible witness by on the basis of sworn/whose; :identities satis,~'~~•o$y; evidence to to ~~ ~~1YS''''~w~iniertt, and e ~' ray? T. ~ •. ~. ~,'., t' ., r ~~ ~ ~w M .f $ i~, ~~'11 t. I ~' •'~ • ~~~~ L'U t ~~~~~ . ~ff'~r.rlr. •- were proved to me be the pa ed th t they aexecutedsthecsamea acknowle g .• ~ ~ ~~ ~~ ~~ tary u 1 c Residing et: Boise. Idaho My Commission Exp res: - -`~R JUL-01-96 TUE 03:28 PM STEVEIPETERSEN 2083421873 P. 01 FACSIMILE FROM PROTERRA IDAHO, INC. DATE: TO: ! i, FAX #: FROM: Steve Petersen CONk'RtMAT~ON NUMBER: 208-342-1524 TOTAL PACrES: (INCLUDING COVPR) NOTES: ~"lr1wP' Be~War6eN ~.i~t Gof 7~ /loNNS. '~T /~1 JUL 01 '96 16 31 2083421873 PAGE.01 j , : ~ ~., „. , LITER OF UNDgRBTp~,xiDINO ;~ ~; ~ , ~ , ~ sECU~rrv Trn.~ RE: 3095 N. Te Mi Rd. ,~1,~ ('~)~) ~• +•~;~ •~ Meridian, 13642 ~0~ ~/. ,~~ The undersigned parties hereby agree as follooae:• ... ~ ,, ;~i ~~~ Z~.~ 1. Purchasers agree that they have no objecti~h Y will joa ntingany firelight subdivision and that, i~ necessary, applications that may be required for subdivision approval, even though their parcel is not part of the subdivision. 2. Firelight Estates agrees that the purchasers, their assigns and successors, will have uninterrupted use of the well and septic system located on Lot 10 of Firelight Estates preliminary plat until city services are available. Firelight Estates Fill provide thesessors iin the eventcthe property is sold or transferred s or succe - Further, as previously agreed, Firelight Estates ~-grees to hook L~prs.1ls Thisiagreement shall alsoiextend tooany ass gnstor purchase successors oP Firelight Estates. DATED this ~^ day ol: 2ovember, 1994. Saggco, inc. , ~-- CK W. DUNN, Buyer •~ BETTY A. DUNN, Buyer ,~• STATE OF zDAH0 ~ ss. County of Ada ) dry this 1st day of November, 1994, bofoxe me perswhomll appeared .rack td.i)unn and l~~tty n. l~unn•~_,,,_r~ know personally/whose identii"t~es were proved to :ne on theme atdu~y tl~ei.r ,, a credible witness by sworn/w~ose!~ideiat ties were proved to me on the basis of satiY,~~a~"i°~'Y• evidence a°aCknowledged L•1~ t theyaexecutedstheCSamea to '.~'1Y~'~.9r~lmerlt, a ~ ' ~ 4 ~~ '` ^ • • ~ P ,` ~., ~d~d~~;'~'jr r. I ~ ,: " ' to z•y u 11c ~,.'Y~"*•. •" - ~ Residing at: lloise, Idah~~,,,,Y ?''tyj,>f1,~f•t~)'•'~. My Commission Exp rea: 7-22-9~ JUL 01 '96 16 31 2083421873 PAGE.02 ~0.3~dd ~Leiz~e0z ~~ J' I~ ~~ ;~. . ,~ . ';; ,~ v, ri ~~`~ QQ \ ~ \5`~ ` v \ ~ ~ r ` r^ O ~` s 2 r;<os~ ~ ~ ~\ ^V ~@z ° o v~ ~yy, o ~Z~3U~~ S ~~~~s~~~ . ~ ~ e~ j~Y $ a N ; a a y \ 0 ~ ~ ~ ~ a ~ i-» ~i ' .t~ ~ e r J J i ~ a, ~ • o ~ e.~N, R .. EBM. A-~ ~ BY OrOY IOLLf~ 1~ ]~ ~ ^ ~ _ .,~ S m . 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' i ; ~0-d ~'L8TZb~80Z z~ :9i 96 r ie ~nr ~~~ w '~ N3S21313dL3A31S Wd 6Z:£0 3f11 96-rt0-1flf PROTERRA, INC. Idaho Off ce 2401 South Apple Road, #L204 Boise, Idaho 83706 November 17, 1995 Ms. Shari Stiles Meridian City Planning Director 33 East Idaho Meridian, ID 83642 Dear Shari, Here is the updated plat for Firelight Estates. There has been no changes in the number or the sizesof lots. The only change is the sewer easement along lot #9 in Block #1. I have enclosed the pertinent documents for you to review before the council meeting next Tuesday. Also, as you and I have discussed before, Mr. Crookston, The City Attorney, was going to have the finding of fact already completed so we could get the variance for the extension of our approvals on Tuesday, without waiting for two weeks for the findings of fact. If there is a problem with this please let me know. You can contact me at: Office - 342-1524 or Mobile - 890-0256. Thanks for all your help and advise. 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I " - ~ ~~ ~ z P ~ ~ v• m ~ ~ ~ D _ _ _ ' A. ~ ~ ~ ~I ~ ' S~ s3 ~ ~z ~~~jg ~ ~44~: ~ ~8a ~ ) ~ e i ~ g ~ J agg ~ ~~ r .1~ II ~a ~ ,' , ~a ~~ \ ~ ~ ~ " s1 9 ~ • a ' ` ",~ ~ : $ ,~ , JAN 1 0 1q~6 CITY OF 1~E~I~IA~! ~~~~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208.888-6201 3 January 1996 Steve Peterson Proterra Idaho, Inc. 2402 South Apple, No. L-204 Boise, Idaho 83706 SENT VIA U.S. MAIL and FACSIMILE TO 342-1873 Re: Firelight Estates Dear Mr. Peterson: Phones: Area Code 208 OFFICE: Nampa 466.7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 When telephone boxes were installed for the above mentioned project, they were installed on the easement of the Ninemile Drain without the knowledge of Nampa & Meridian Irrigation District. These telephone boxes will have to be removed and so that they can be installed in a proper location. As we discussed in our telephone conversation on 3 January 1996, Nampa & Meridian Irrigation District must have an eighteen foot roadway along the Ninemile Drain. If the boxes are to be re- installed within 50 feet of the centerline of the Ninemile Drain, the developer must contact the Irrigation District's attorney, Daniel Steenson, at 342-4591 so that an encroachment agreement may be written.. After the developer has signed the agreement and returned it to Mr. Steenson, the agreement will go before Nampa & Meridian Irrigation District's Board of Directors for their consideration at the next available board meeting. We are requesting that you comply with the above requests so Nampa & Meridian Irrigation District's interests will be protected. Please feel free to contact me if further information is required. Sincerely, Bill Henson Assistant Water Superintendent pc: Each Director Secretary of the Board District Water Superintendent Dan}el Steenson of Meridian APPROXIMATE IRRIGABLE ACRES F i 1 e RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - d0,000 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer (`~_~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER November 16, 1995 Re: FIRELIGHT SUBDIVISION (Time Extension Variance Request by Firelight Estates, LLC) This memorandum is being written to clarify an inaccurate statement that was made by the Applicant/Representative in response to question no. 15 of the application for this variance. The applicandrepresentative, Steve Petersen, first made contact with Shari Stiles on June 7, 1995 with questions about the status of the Firelight Estates project. He was inquiring because he was interested in purchasing the project from the then current owners, Running Brook Estates, Inc. Shari filled Mr. Petersen in on where this project was in the process of approvals as well as the time line to finish. The development plans for Firelight Estates Subdivision received approval from Public Works on September 20, 1994. On March 27, 1995, Jim Holden with Hubble Engineering, Inc. was instructed, by Rick Clinton of the Public Works Department, to revise the water main sizing in N. Sainfoin Way from the originally approved 6 inch diameter to an 8 inch diameter. Rick told Mr. Holden that the change could be .made prior to the pre-construction meeting. Running Brook Estates, Inc. never proceeded with the project and later decided to try and sell it as a whole. On July 13, 1995 revised blueprints were received in my office that had the mainline size changes made. The Final Plat approval by the City of Meridian expired on September 6, 1995. As you can see by the above dates, the Public Works Department was not a source of delay for this project as implied in the statement. There are a certain amount of revisions that are required because of changes in timing of this project, and the neighboring project, Englewood Creek Estates, that were not anticipated by the applicant representative's engineer. C:\WPWIN60\GENERAL\DpVE. C-C hiUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS WILLIAM G. BERG, Jr., Clty Cork A Good Place t0 Live RONALD R. TOLSMA MAX YERRINGTON JANICE L OA83, Clty Troqurx Ba~~EO $n~ ~ wnt w~ CITY OF MERIDIAN ROBERT 0. CORRIE WALTW.MORRDW I $ ot. ~ P 8 Z COMMISSION JOHN T. BHAWCROFT, Wqb Wata-Supt. DENN18 J. 8UMMERB, Ptarks supt. 33 EAST' IDAHO JIM JOHN80N, ChalrmN SHARI S. 8TILES, P 8 Z Adm. IV>ERIDIAN, IDAHO 83642 • -- r -• MOE ALIDJANI JIM 8NEARER KENNETH W. BOWERS, Fln Chktf W. L "BILL" GORDON, Pollc~ Chbl = Ph/ate (20B) 888~t,33 ~ FAX (208) 8~~13 ~ _ CHARLIE ROUNTREE TIM HEPPER WAYNEG.CROOKSTON,JR.,Attom~y PpbIICWOTkb/BYtId111~DlpiytBlplt(Z~)~TZZ~1 ~- GRANT P. IQNGSPORD "'~ 0 2 ~~~ 0 V 7995' ., ..: , !~, ~ ,_ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDti~(N To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your commer>rts and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 14. 1995 TRANSMITTAL DATE: 10/30/95 HEARING DATE: 11/21/95 REQUEST: Variance request for Firelight Subdivision BY: Firelight Estates. LLC LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE AUDJANI, P2 MERIDIAN POST OFFlCE(PRELIM ~ FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIP-N IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PREUM 8~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PREUM ~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PREL.IM ~ FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM ~ FlNAL PLAT) SEWER DEPARTMENT CITY FlLES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Telephone line have already been POLICE DEPARTMENT installed in the easement of Nampa & Meridian Irrigation CITY ATTORNEY Di strict's Ninemile Drain. A License Agreement is required CITY ENGINEER an d this has not been done . This must be taken care of CITY PLANNER be fore an~z furhter construction is started in Firelight Subdi~tis ion . ! t'~~m.rrak~. Assi ctant Watr~r ~11n Bill Ncncnn PYl ntr~nrlent ~ NgmpB~$r-Mori rli an Trri,gat i nn Tli ct ri rt ~`~ ~ Y ~ ~~ ~~4 PROTERRA, INC. Idaho Office 2401 South Apple Road, #L204 Boise, Idaho 83706 October 27, 1995 Ms. Shari Stiles Meridian City Planning Director 33 East Idaho Meridian, ID 83642 ~~~~l~-f Dear Shari, I believe that I have completed all of the requirements in the variance application. The public hearing has been posted on the property and the variance fee has been paid. If there are any additional items that I need to do please let me know. Also, if there are any problems within the application itself, let me know and I will correct them. Also, if needed, I would be glad to meet with Mr. Crookston, The City Attorney, to answer any questions that he may have. Thank you for checking on the possibility of receiving the variance all in one night. With winter coming, every day counts in the construction process. Please let me know the outcome of your inquiry. You can contact me at: Office - 342-1524 or Mobile - 890-0256. Thanks for all your help and advise. Sincerely, Steve Petersen P.S. I'm glad that other people bother you more than I do! Telephone: (208) 342-1524; FAX (208) 342-1873 ~ OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Trouurer GARY D. SMITH, P.E. City Enplnesr BRUCE D. STUART, Water Works Supt. JOHN T. 8HAWCROtT, Wute Wats- Supt. DENN18 J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flre Chisf W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD ~3'~ COUNGLMEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT O. CORRIE WALT W. MORROW P i Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SNEAKER CHARLIE ROUNTREE TIM NEPPER TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 14, 1995 TRANSMITTAL DATE: 10/30/95 HEARING DATE: 11/21/95 REQUEST: Variance request for Firelight Subdivision BY: Fireliaht Estates. LLC LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM NEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY EN „(_, ,~.~. _ . , NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: CITY OF MERIDIAN 33 East Idaho Street, Meridian, ID 83642 VARIANCE APPLICATION (RE: Meridian Zoning Ordinance) NAME: ~ Phone: % ~ ~` ` (Owner or holder of valid option) ADDRESS: ~~;ti ~yt ~ ~r _ t1~ ~"/ ~ i~ (~ ~~ ~~~'/-'F'o./ ~/ ~% ,~}' i GENERAL LOCATION: ~~~/ i^/iG~' f,' Uc~ i~~~ ~ %i~:- - ~/~~~~%~;';~ % J LEGAL DESCRIPTION OF PROPERTY: ~~~ ~-t-~'r'~=~/~~'~ ~ PROOF OF OWNERSHIP OF VALID OPTION: A copy of your property deed or option agreement must be attached. -~~ ~~ ~ ~r°F~/~t~r ~.~ PRESENT ZONE CLASSIFICATION: K' VICINITY SKETCH:-/A vicinity map and/or site plan at a scale approved by the City showing property lines, streets existing and proposed zoning and such other items as the City may require. S~ .+sF~4/a/x~ 17 SURROUNDING PROPERTY OWNERS: list of all property owners and addresses within, contiguous to, directly across the street from, and within a 300' radius of the parcel(s) proposed for a variance must be attached. (This informarion is available from the County Assessor. ) DESCRIPTION OF PROPOSED VARIANCE: '° ~~ 3T~/^~ ~'` Oi1~C yr >~"~ E h` r"F'/JS /vim/ o r1 , i~ /a'F°T,? ~'.a L t /=liP- T//~ J%'i2.-~~!!//.fir j / 151~/!//_S'/'>"~j ~( D/~/~. !n!/T 6/ ~ft6 ~~ E /-'- ~ fr/Jr1 jht_' j~ ~~E%i' ~/~/'/Jey//l /.l h I~ 1 y-/~~~~/r ./ SIGNATURE: 5~' r"~°d~~~~-a ~/+f~l~/~o %//C,.-.'~!F~',~,/~ Date Received COY Council Hearing Date Received by Variance for Firelight Estates Subdivision -One Year Extension on Approval 1. Address: On Ten Mile Road neaz the intersection of Ustick Road (See Appendix A) 2. Applicant: Firelight Estates LLC, by: Steven R. Petersen 2401 S. Apple #L204, Boise, ID 83706. Phone #: (208) 342-1524 3. Owner: Firelight Estates, LLC. 4885 S. 900 E. #207, Salt Lake City, UT, 84117, Phone #: (801) 268-3337. 4. Proof ofownership -Deed holder is Firelight Estates LLC, Owned by Proterra Idaho, Inc. See Appendix C. 5. Legal Description: See Appendix B. 6. Present use of property: Vacant land. 7. Intended use: Subdivision with single family residences. 8. District: The property is in a single family residential district R-4. 9. Vicinity map: See Appendix A. 10. No buildings aze planned with this approval as it is only the approval for subdivision construction. The homes that will be eventually built there will be single family residences and have a minimum square footage of 1400 square feet. 11. List of property owners within 300 feet: (See Appendix D). 12. Characteristics of land that prevent compliance with the ordinance: The approvals have expired. There is no problem with the land. 13. Minimum requirements of this Ordinance that need to be reduced to permit proposed use: We are requesting a one year extension on the approvals of the final plat, the development agreement, and the CC&R's. 14. Difficulty or hardship which would result if requirements of the Ordinance were applied to the subject property: We would have to start the entire approval process from the beginning and seek preliminary approval and final approval. The City has once approved this subdivision and the time to redo all the approvals would place us in a difficult situation with our financial partners. 15. Unusual or peculiar circumstances which indicate that regulations of the Ordinance should not be strictly complied with: When we purchased the property the final plat had been approved, yet there were still some outstanding issues that needed to be resolved. For example, Meridian City required us to change the water main from 6" to 8". This took time for the engineers to complete and for the city to review all of which had to be completed before we could begin the recording process. Also, the neighboring subdivision, Englewood Estates, was slated to be developed before Firelight. The Englewood subdivision would have taken care of many issues (sewer outlet, pressure irrigation, flood plain) that needed to be completed before recording. Englewood has NOT been developed, therefore we have had to take care of these issues ourselves which took us past the year time period. Finally, there was confusion between our development office and our engineers on who was submitting the development documents to ACRD, thus the expiration date passed without our asking for an extension. 16. Special conditions peculiar to land or buildings: Not Applicable. 17. Statement of literal interpretation: Not Applicable. 18. Statement that circumstances exist that were not a result of the applicant's action: The expiration was a result of conditions that were pre-existing when we purchased the property, misunderstanding with subcontractors, and the non- development of Englewood Estates. 19. Statement of not granting any special privileges: This extension will only give Firelight Estates the opportunity to record its plat and develop in the same fashion that had been granted by the city in the initial approvals. 20. Relation to The Comprehensive plan: The zoning and density meet the objectives of the City's Comprehensive Plan. 21. Fee: $250.00 + 1.29 X 57 = $323.53 Total Fee 22. Statement of convenience and profit: We are not seeking any special treatment that would allow us any advantage over any other development. We are only asking for an extension on the approvals, which are the same approvals and standards that all developments~must adhere to in the City of Meridian. This extension will not allow any additional profit on the project. 23. Posting Property with signed affidavit: At least one week before the hearing, we will post the property with a signed affidavit as to the time and date of the public hearing. ~',1, ~T 0 RT RT ~'~=• - ., usr e v ~ ~~/ ~~ E~i( ~'i'il { (~I((11 ( ~~' il'1 1`il ~li :(~ ''~~~_~~~;~(!(,=3(. ~ t+~~( 1t11 ~ iii i'I t ~~_ ~ I } t! ii II 1i:+i~~~~il~i RT . .il. :~1~ 7 ,•t.t}3liiii~~j:=~i{~ i! i ;~jt ! i t•~l •3 SITE• •=?!i. ;,tl ::ti`.,;.,•,r .i i • V S ~ii~i:3::::~:{i{i(iii~ll, i! .' } •a..•t :t:1i'~~iiiliilil•:i~iiic ;I•t: S 3 ( ( ( f i~',!l ' l 1' liiij!i! t,~tl:~llii, ii:j! :~' i :ii Ii ! i i j-+i ili~~ litij! E~'eii343I~~(iiiti:ili• " ij=' i''1 i .ii il~i(( };:'ii, •1(i(1(~(~li:~:i= ~7i ~ _~ .1 t ~~_.' 1'i I ,i• li ~~f1(( _~~'• j~ (3(;fiiifti~l'~i1i R4 ~''ll! ';: i 'jt= ! ;~i•=:;', i{: :lli~( i~lIj?~! iiv'j1 ili,((~i3i~~~}3'.3! ~~(? RT ` ! •( (`~l ~~i~!'•1s•1}'#`i(~' '~~ !~t~,ii t;11. 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I 1 l!(j~l~i: .i l~il f. !jii~j'.; .~;~~;~ i t •yf .ij' `~~~1~ ' ` I+~~IIi~, • 1 !i•:. f. 1 ({iiiil4 !~!((i~( ;~:;;I i tii,l,4( '' lji.•i~i •: 1 .:~i (::; iitiii(f rllii I lltii+~~ ~.lii 'i:tt(I ''l~I "t. ~k RT ?. ~• ,~~ 13:= i(i: • ;;t:E !ii:i li;?+ i(~iiii i:l: ~;;~:' ~„ ~ii':. !'i f :~,:~ t •.• ~ :t __ : illi~ iii iii3 •1 •~ 1 1 tl it~ ~ .. ' t : ENGly •-~~' Ef9 :?' i:~:!:! ° "' RUBBLE ENGINEERING, INC , • , 1 i • ! ~ i 1 i ' ~ ~ y 9530 iF~tl+d C.OWt • BOif•. IOd+O l~709 • 209rJ22 f ! ~'`i•i'~ ~~~ VICINITY -1AP ~..i!i:~.ilfs, _~ ,~;:~" Scale: 1"=d00' ~A~ +; ~~ r ~ ,''~. ~! ~ ~ 1 .• .~ 1 N~~~~~~~~~~~1~~~~~• R8 I~ SdEST USTICTs; ROAD ~ J e-~~~~~~~~~~~~~• . ~ ~ .,3 ~ -. ' .~ --~ ~~ h ° ~ ~h N ~ ~~ Y~ ~ ~K p ~ N ... ~ ' Wyss a '_° w n N RT N A 0 L• a H :~ z H A~/,x A ~~. ~~~`~'~ a ~~. O 9 X99 O 6 . 2 3 14 ~ s K Si+EETeRI:n ST. 4 ~ 4 2 -~. v~-~~- e s w. ,JOU 12 1 .-_ ~ • e I~ Q N 6 3 ~ = to 2 ~ ` W s~ = 3 Js `° b '° = s C Nf?1„ LIG~~ i~ s z e 9 )Z 4 s 8 2, s M. .:AVENMURST S ~'. E T e I 9 10 I . II ~ 12 :3 Ia :S le .~ ' ~;. ` ~ IS ~ :6 I 17 le :9 ZO 21 ~ 22 23 24 23 ,s i• , P R W os w. MIRAGE CL K. ~IEL037REA-+ cc ~ Z. 12 11 IO ~ y I• a 9 ~ 1 M A n S RKW00~ ~ 2 s NO 2 z ~ 3 • s s ^ _I ._ ~~ 1 ty ;J • ~ s •~ ~.;b' -'`AM~/G~ r, F~~ S'RE to ST. I ..~ a~ !~ I ~~~ ~• NUBBLE ENGINEERING, INC beo e..w can • e+w.IrN. utoe 2oY~t2+a~ ,. o~ :~~~.` ZONING l4AP ~ ~~ ~ ~ ~~~~ii~ ~if~s' ~I ( ~~ ~'~1`f ~~ ~~ f~ ~ f ~r ~ i ~E~ i~ ~. ~ ~~~ ~I. ~ ~t~ ;~ ] i R ~~~e•~ ~~~~~6±~~~~~~ ~S 0 ~:~~~~~lii~i ~ . ~ fYlR N W H Q N W H C~ J W a~f ~o_ A~k ~~~ ~i ~:V€I ~Z ©~~; icy@~ ~~ i ..Z °' ki ~., UQ~ ~3 W .4pp,~diy B Fie Number. TIM P138288 The land referred to in this Commitm®nt is described as follows: A PARCEL OF LAND LYING iN GOVERNMENT LOT 1 (THE NORTHEAST OUAATEFi OF THE NORTHEAST QUARTER) OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, IN ADA COUNTY, IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 0 DEGREE T EAST 255.75 FEET FROM THE CORNER STONE OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SECTION 3. TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN; THENCE CONTINUING SOUTH 0 DEGREE 7" EAST 1054.25 FEET; THENCE SOUTH 89 DEGREES 52' WEST 56 FEET; THENCE NORTH 5fi DEGREES 8' WEST 100 FEET; THENCE NORTH 33 DEGREES 32' WEST 808 FEET; THENCE NORTH 47 DEGREES 2S' EAST 444.20 FEET; THENCE NORTH 0 DEGREES 7' EAST 25.22 FEET; THENCE SOUTH 89 DEGREES 53' F~4ST 255.75 FEETTO THE REAL POINT OF 6EGINNING. EXCEPT AN IRREGULAR TRACT OF LAND LYING IN LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 0 DEGREE T E4ST 255.75 FEET FROM THE CORNER STONE OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 3. TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, THENCE CONTINUING: SOUTH 0 DEGREE 7' EAST 1,054.25 FEET, THENCE; SOUTH 89 DEGREES ~2' WEST 56 FEET, THENCE; NORTH 56 DEGREES S' WEST 100 FEET, THENCE 33 DEGREES 32' WEST 808 FEET, THENCE; NORTH 47 DEGREES 25' EAST 444.20 FEET, THENCE: NORTH 0 DEGREE T EAST 25,22 FEET, THENCE; SOUTH 89 DEGREES 53' EAST 255.75 FEET TO THE POINT AND PLACE OF BEGINNING. AND fZ1RTHEA EXCEPTING THAT PORTION OF THE NAMPA AND MERIDIAN, IRRIGATION DISTRICT DRAINAGE RIGHT-OF-WAY, ANp RIGHT-OF-WAY FOR N. TEN MILE ROAD. END OF LEGAL DESCRIPTION ~~wa~ x ,k ~? 4,~/ _~a ~ ~;~ R: _- BOISE tD . . ~~ ~ ~.~~,,~ ~ _ " X95 fiUriL hi 1 f; e>~Sta>~:Strbet.~Bot~e, Idabo :~~ _ .= ~~ . 336.6700 e,,,'~`'~ - FEE _ • ~,~..•-. __~•' _~ ` - RECOA9ED,:) sly ,,,,, ':•~ E~,North Ct~Ie~ROtid`~ Bora~rldaho 83704 =.UESi F ~ -'~~ x .a,~,,,,,,_fi..,= ~ ~~ 3712100 :~ ~ _ a ..-:-~,.. ~. .~. ~ :~ 'i` ,~_ ,r. • .r . :..., x .: s •: RECORDMC DATA --- '"` -- ACCOMMODATION -` I~XitmJ'8i la)0i7Qj7C[3~ d3J0I70IJ~JQmIbtJSgatRa]~lOUgfDUElGi7L!A;?1GE.rti.aulL'.~;- '_ T ~- ~ ~ Y ~ w non (CORPORATE FORM) =~ >_ ~~ - ~; - MERIDIAiI LAND I1IVESTOAS II LLC. a limited liability company ~ iCO'pOra1iO" S= tteptdaed sad atbtleA tmdee the htws of the State of Idabo. with its pritttipal officer at `- 2401 South Apple Rd.. iL-204 r,_ Boisa s Idaho 83706 0- Cotmty of Ada . Stan of Idaho, c_ ~sstor, hereby OONV6YS a GRANTS asd MARAAIYIS TO FIRELIGHT ESTATES LLC, a limited liability t Company C~ ,' Qantee(s) S: ~ 2601 South A7Pla Rd. , lL-204, Boise. Idaho 83706 f« the wm of ~^ _ Ten aad no/100- - _ DOLLARS. the fo0owioC daaibed tract(s) of lasd is ADA County. Stue of Idaho: SEE El(HIBIT "A" AaTACHED HERETO AND BY REFERENCE MADE A PART HEREOF ii ' S=i t Locatbs of abo+e deaibed propcty TEN MILE - r,! ' tioure No. Street Lr; The offk:n wbo rcpt this deed hereby oatify that this deed and tht transfer reprexnted hereby are auth«ized under a reta>rtios adopted by the board o! director of tha Qast« at a lawful meetirts heW aad utended by a quorum. Ie~,. L trhaeta trbeteof, the pastor has sassed its onrporate carne atta seal to be hereunto :ffued by its dory authorised sdlitxsstYa 28tb day of July . A.D. 19 95 ~: lOiRIDIAN'liJiND/ INVESTORS II LLC (CORPORATE NAME) Charles W. Aksrlov, PRESIDENT of General Fiaaacial Group, Ire. a Utah ~.; AttSlti'n MANAGER „. _ ,_ ~ SECRETARY j,•. 1:rATi or LrrAa ~ A` ~ p Q ~' oouwr~t or S~~ c..a.~a., ,~ ' Olr THIS ~• day o[ July . 19 9g , BEFORE. riE. T1IC UNDERSICNF.D. A NOTARY rUBLiC• lCNSOMALLY APPCARED axles M Akerlov _. KNOWN TO !tE TO BF, the rl~sidene o[ Caneral lienncial Grouo. Ire.. rianaRer of Nerldian Land In~.stors II LLC ::~A UNITED LIABILITY CUNPANY AND PCRSONALLY APPEARED K710W11 TD N6 TO BF. A MEMBI.A Or UE SAID LIMITED ' A LIMNED LIAIII).ITY COMPANY, W110 SUBSCRIBED THE NAME LIABILITY COMPANY. AND ACKNOWLCDCED TO ItF, THAT IIE EXECUTED TIIE SAt1E ON BF.It:.I,F Or SAID LIMITED LIADit.LTY COMPANY. . ~----------;,tea--'+ - Na.y~Ny~wy„~, , ;. ~ w~ ~ Notary ubl ~.rrr.wrrr ~ ~~~r••~osisalontExp. __ ri'1~Y~-11-95 ~, THU 12:42 PM PROTERRA b4~ a~-tment of Cocrnyr~e QtvltiGpy ~! G~t;:ptlttosla Ls~d Ccmr~srctil Cod„ t Ifer- ce~A~ily ~,~,st ~7,a . to#At ~~ 1 ~ih' Ok1z~ n~~iiRh ~it ,p d 11~~~t thti ~at~Qca~ ~ropf, 1,, , . ~ ~ ~Qtv~tgri o.'~~rcrDS R ,_, 80 6 8 P. 03 ~, C (a0 ~~ ~.~ ,A-RTICLES OF ORGA11T1<~A,x'IQ~T OF k~4tELIGlH'I' ESTATES LLC fl~~,I6:1~C~ MAY °~ ~ 1~ Utah Div. of Corp. ,~ Cvmm. Cage The undersigned persons hereby establish a Limited Liability Company (the "Company") ~ursni<~t to the Utah Limited Liability Company Act (the "Act") and adopt the Following Articles~o£Organization: F1RST: 'The Warne of the Coxupany is Firelight Estates LLC SECQND: The period of duration stall be ~Y (50) years. THIRD: ° The Company is organized far legal attd lawfiil purposes perbaitted by the Utah Lipazted Liability Company Act. FOURTH: The address o£the itutial registered office of the Company is d885 South ~_ 900 Ea~~t, Suite 20'7, Salt Lake City, Utah, 84l l7. The ~aauae o£its initial ~~ ..~ registered agent at such address is: ,. `~~ Uon A. Stringham ~~.,,.;= F~~`z3: The Cozupaz~y shall be managed by orae (l) Maztagex. The frame and -~,~, address of the Manager which sha11 serve, fox the period anal upon the tet~s set fozth ixn the Operating Agreement is: Proterra-Idaho, Inc. X885 Soutb:900 East, Suite 207 Salt Lake City, Utah 81.03 Si:XTH: The Director o£tbe DiL7siot1 of Cozpozatioxns and Cozxnnnercial Code is appointed as the agent of the Company for service of process if the ageztt leas resigned, the agent's authority has been revoked, or the agent cannot be fi:iu[id or.served ~~ith the etercise ofreasoinable diligetnce. r c e ~`M,~IY~ 11-95 THU 12:48 PM PROTERRA 801268338$ P. 01 Dated this 28th; day of April, 1995 FueLight Estates LLC a Limited Liability Couapauy by Protenra-Idaho, Inc., 1Vlanager 4885 South 900 East, Suite 207 Snlt Lnlco City, Utoh S~ 1I? by~t .. ~ ~~~r^- President Meridian Land Investoars II LLC a Utah Limited Liability COm~az by General Financial Criouk 4335 South 900 East by~,~ Suite 207 President Salt Lake City, YJtah 54117 Member l~roterra-Idaho, Inc. an Idaho Corporation 2401 South Apply load by - ,_ ~ _f '~' #L-204 President Boise, zdaho 83746 Member 4885 South 900 East, Suite 207 Salt Lake City, Utah 8411.7 ILegistered 2 alts f,r~17c rt.. .Ara t ~ MERIDIAN CITY COUNCIL MEETING: OCTOBER 17 1995 APPLICANT: ITEM NUMBER; 28 REQUEST; FIRELIGHT ESTATES REQUEST FOR TIME EXTENSION ON FINAL PLAT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY-FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. PROTEI'RA, INC'. Idaho Office 2401 South Apple Road, #L204 Boise, Idaho 83706 Oct 13, 1995 Mr. Grant P. Kingsford, Mayor and Meridian City Council Dear Mr. Kingsford and City Council, This letter is to ask for an extension on the approvals for the Firelight Estates Subdivision. We request an extension for the final plat, the development agreement, and the CC&R's. The initial approval expired in September 6, 1995, and we are asking for an extension until August 30, 1996. There are many reasons that this subdivision has not been recorded within the one year time limit. First of all, we bought the project only a few months before the expiration date. Second, a neighboring subdivision that was scheduled to be developed, was not developed, which caused us deal with many unexpected issues. The. two.. major issues - were the-flood plain and the utilities connections: These-issues caused unexpected-delays. The reason that we did not ask for this extension before the expiration date is due to a miscommunication with our engineers. We thought they were handling all issues in the recording process, and they thought otherwise. Anyway, this mix-up caused us to slip a few weeks past the deadline without extending. ffpossible, we would like to be placed on the City Council Agenda for October 17, 1995 to obtain this extension. The enclosed documents maybe helpful: • Appendix A -Site map. • Appendix B -Plat map. • Appendix C -City Council minutes of original approvals. • Appendix D -Warranty Deeds showing our ownership of the property. Our development company is Proterra Idaho, Inc. and we own Firelight Estates LLC which is the owner of the property. Thank you for your consideration. Sincerely, Steven R. Petersen Idaho Division Manager Telephone: (208) 342-1524; FAX. 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Itii}iii ~ i:~: t. ti ~li. !~}ii! i'!ii~!}i}!1 i~•~lit'i +!!iii ~ ;l Iiij. •}+I=i:i,Iij:.i.i: .}`~iei• :, ii ,t .: . . ! •=i.1'i'(( +i ~~i': •:}!+' a :!Is'!!::A1~ i' i isi= •~ t!" : ~: i•i= 1!!i ii=!''+!iti. i '1'.ii•!i.i=• ~~j :11:i~i s 'i'.ii: ii ;ii ~• +.- ~'iitlt _.i ij .l iii:}• 'i •_, ` ?•'. T z j~id?,}:= .i3i;. :i+ } ,. a ;• is i i~ ~ {• ~isii ! '~ i. E}~:!i :ii is i.i .~ .. .i c..' li°~ ~ iii R i ::;: i~: .1• i i• ii ~ i •! iii ' - ~ • i ii.: ji:i ~.. ii ?ii .: '+ :t~ Iliili if '~' O • ~ ji is '~i 1 _;!- y: .~; ` ii ;• ~ :. `.. :viii RT •;. i• '' i i • s=:' ~ RTi t 'i 1 i 1 . ~: •~ t.i ;:~.;• i 1• i}..i~7!il,• is i ° + + •+. i• 'li ij•i•.ji ! iii .} ! •: ! i' ~i } i + •_ ~ENGINe (~ •~• ~, :~ ~ ~ :J i,,• .,j! .:,:+ ~ ~9s NUBBLE ENGINEERING, i-}. ,: Q i i}lij'i. .jlt.t~. '.: .;is! . ~ . . 208rJ t i i i : , ° t • . i 1 i ~ i • _ i t t :: ' ; • i : 9530 8au+d Cawt • Bois. idda E7709 •_ ~ ' t• i .!_• iii ~l11~ ! .i~~lil ~}~li1i ~+ ,' '•:~- ~~+;!~1•!. •:,~ VICINITY ~iAP • !i :i•i:l}I•' ! i 3 ';i„i~,,;i:'.'''+~: Scale: 1"=800' 1 '~ DA~ i ~i ``'7 i "F ~ ~f ~, /~ ~'i I RS N FTEST USTICI~ ROAD ~ ~ ~ ,~,a ,~ a77 M 1 _ h~ ~ o ~ ~h N ~ a y6 ~ ~ m + n ~[. ~ W rp ' ~~~ N ~ ti RT N S~ 2 ~~~ i ~~~N~` ,99~ ! p9 i O 2 3 14 ~~ 8 I s I K ShEETORtL~ ST. 4 13 4 2 ~~ ~ ~ 1 • ~~.~~ 0 14! JOU .I I s Ix 1 Is '_ ~ W 2 f ~ > ~ tl i I ~` ~ Q ~ 6 t sn 2 N •' Z W s i s s ,`,e b to a s C NOl L! G~~ •~ = J , ~ ! i ~ S = ! 9 )Z 4 y B I y ) i W. .:AVENNURST 5~'• E r e 19 to t . 11 , Ix cs . t4 s Is •, ~ ,• ~ -, ' Iy :6 IT t9 :9 2~ 2t 22 2J 2s 2: i3 12, , P R W C w. httROGE CI x, fiELOSTREAMr 12 I I IO ; o 'Z ~KWOOp9 p I M A n 2 s NOc .L. r ~.iJ' -'-AM (zt ~'~ S'RE M oT. i ~t ~ f y~a-~-y ~ 6 7 /I ! ~ ! I. ~'' ~ I I 1 ~ ! ~ ~_ .., . , . ~~ ~N! ~~ ''° NUBBLE ENGINEERING, I~ • ~ ~ ~eeo s.ttw torn s.l.., tatii. ara ~~ luav~~~ ZONING MAP X {' 1 ~~ e ~ ~i I II ! '• ' ~ (( ' '~ ~~~ fl~~~j~~~ ,~ ~, ~ p ( ~; ~~ a ~r~l~~~ ! ~~,`~~~~~ Q ~,;~t;i~l~~f.~i~~l~i~ t••••• •e ••iFSR T~ ii ~¢ ~ ~I ~. ~~ a ,~ \_~ W _ ~ (.i.~ I E"~ Q F- N , w ! C, J W L~ ~e~ ~~; R~~ Vg ~' Z v f I~Z! ~. . iE W~ Meridian City Council September 6, 1994 Page 17 Corrie: Second Kingsford: Moved by Walt, second by Bob to table Turtle Creek Subdivision No. 1 until the next Council meeting, requesting that the engineers coordinate some things and work with staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINAL PLAT: FIRE LIGHT EST, SUBDIVISION, 27 LOTS BY RUNNING BROOK ESTATES INC: Kingsford: Does Council have questions on that issue? Morrow. Again I would like to see a short presentation. Kingsford: Is the developer or representative here? Smith: Mr. Mayor and members of the Council, my name is Gene Smith, I am with Hubble Engineering representing the applicant in this matter. Fire Light Estates is a 27 lot subdivision, single family subdivision located on Ten Mile, west of Ten Mile South of Ustick. The final plat is in general conformance with the approved preliminary plat which was previously approved by City Council on July 19. We have received read and can comply with the staff recommendations which are in your packet. I would be glad to answer any questions or concerns you might have. Morrow. Those staff recommendations are the ones that were memorandum from Gary Smith our City Engineer dated September 1st and from Shari Stiles the Planner dated also September 1st, you are in agreement with both .of those? Smith: Correct. Kingsford: Any other questions of the Council? Questions for staff? Morrow. I have none they have agreed to the conditions that our staff has asked for and so. Kingsford: Is there a motion? Morrow. Mr. Mayor I move that we approve the final plat for Fire Light Estates subdivision subject to meeting the conditions of City staff. ~a~r ~ Meridian City Council September 6, 1994 Page 1 S Corrie: Second ~~ I"'¢p ~v~ ~,~~ P Kingsford: Moved by Walt, second by Bob to approve the final plat for Fire Light Estates Subdivision conditioned upon meeting the recommendations of staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: VARIANCE REQUEST FOR FAWCETT MEADOWS NO. 2 BY RONALD HENRY: Kingsford: At this time I will open the public hearing and invite Mr. Henry or his designee to speak first. Ronald Henry, 6301 Charleston Place, Boise, was swum by the City Attomey. Henry: This variance is really a request for permission to allow existing buildings on Lot 9 and 10 of Fawcett Meadows No. 2 to remain. These buildings are less than what we have set up as the set backs, 10 foot setbacks. Both I think ,there are 2 buildings there that have a total distance of about 10 feet between them. So what this variance is requesting is permission to leave them as is. Kingsford: Any questions for Mr. Henry? Morrow. You have read the comments of staff? Henry: Yes Mon-ow. And are in agreement with those? Henry: Yes Morrow. I have no other questions. Kingsford: Anyone else.from the public that would like to offer testimony on this variance request for Fawcett Meadows No. 2? Seeing none I will close the public hearing, Council members. Morrow. Mr. Mayor, I would move that we instruct the City Attomey to prepare findings of fact and Conclusions of law. ~Y c Meridian City Council January 3, 1995 Page 14 Yerrington: Second Kingsford: Moved by Wait, second by Max to approve of the Beer, Wine license for Salvador Sanchez, Fiesta II Inc. subject to the Chiefs review and approval and authorizing the Mayor and City Clerk to sign that Beer and Wine License, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM # 17: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR FIRELIGHT ESTATES: Kingsford: Counselor has reviewed those and made note back that they meet with his approval. Crookston: That is correct. Morrow: Mr. Mayor, I would move that we approve the covenants, conditions and restrictions for Firelight Estates Subdivision. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the CC&R's for Firelight Estates ~ Subdivision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: WATER/SEWER/TRASH DELINQUENCIES: Kingsford: This is to inform you in writing if you choose to you have the right to a pre- determination meeting at 7:30 P.M. January 3rd 1995 before the Mayor and City Council to appear in person and be judged on the facts and defend the claim made by the City that your sewer; water and trash bill is delinquent. You may retain counsel. Your service will be discontinued on the 11th of January 1995 unless payment is received in full. Is there anyone from the public that would tike to contest their sewer, water and trash delinquency? Seeing none I would entertain a motion to approve the tum off list. Tolsma: So moved Yerrington: Second Meridian City Council September 20, 1994 Page 43 Kingsford: Moved by Walt, second by Ron to approve the CC&R's for Fawcett Meadows Subdivision No. 1 as finally approved by legal counsel, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #23: FIRELIGHT ESTATES SUBDIVISION: DEVELOPMENT AGREEMENT: Kingsford: Shari, where are we at with that? (Inaudible) Kingsford: Did it meet with your approval, it met all the criteria that we were after in that. Again t would entertain a motion on that subject to the attorney's review and approval. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt; second by Max to approve of the development agreement for Firelight Estates Subdivision subject to legal counsel's review and approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #24: WAYNE CROOKSTON: ATTORNEY FEES: Kingsford: Imis-spoke, I remember having reading those at the first budget workshop. I think in response to Mr. Come I had said that the request was made by Mr. Crookston's firm to do the police work fora 2 year period and then it would beano lose thing to the City and in reviewing those again Imis-spoke. That it would be either $70,000 but it would be reviewed after 6 months. And if that didn't appear it was going to be that much then we could back track. Is that correct Counselor how those went? Crookston: Yes Kingsford: I had said that if it went over that, or if it was under that then it would be that and Imis-spoke. Morrow: You said that if it was under the $70,000 that is where it would be. Kingsford: That is what I had said then but that is not what his request had been. I had ~ ' ~i 7:^'".' a ~ M - ~ry- •f ~ - ~ I „~• ~.~;, ~ ~ _' r ~~~. 1 _ _ „-+ t 950 Zy3S _ J - ~,I ~1Tj~COb~ANY` ~"PIONFFR ' ' U ft ~ ..: , , a""-{7f*~AQA~Y\AIa~,~~ s` J~•- . ~1. LM II t. .t., %i4I.(lO 3 .R: eti, . .~.. ~"..~...~-., -~ ~. "BOISE f0 ,~. ~ t _ ~~ azrwac.seaoe sv«~-r Hulse, Idaho srroa 6700 3 1-1E ~~ ~~: 36 _ ~~.- : RECORJFt):.f iit: , OSd /Horsey Idaho 83T0~ R C ^^~ 88>r IJosth COl _ > l ~f ~ -~""•~`: -- = \ ~ ~ 2700 ` - '~ _` ". .. _ -. .., REC.'OR1yrPIG DATA ; '"~ - - ~~- ACCOMMODATION . ~EI6U~~J6lkAl8tJifiell>~~476I10Ed6EJfAlG! !u.JG d:,t.3„~ 1L! S: ~XA70lIJlIG170Z78(78[~J~ .. WARRANTY DEED ~. . ~: (CORPORATE FORM) ~_ ration s.- MERIDI/IN LAND INVESTORS II LLC, a lisited liabil a corpo ity company ~- ~ ~ ~= app ~ 4ws o(tLe Slue of Idaho, with its principal office u 2401 South Apple Rd. , 1L-204 + ~; .Slue of Idaho. of County of ~a C. Eoise, Idaho 83706 '~ lserabyCONVEYSaGRANTSandWARRANfSTO FIRELIGHT ESTATES LLC, a limi[ed liability t, otor ~a . Company grantee(s) S^ f d 2401 South A?plc Rd.. /L-204, Boiae. Idaho 83706 for the sum o C, DOLLARS, ~' Ten and no/100- - - County. State of Idaho: Z ILa fo0owini dnaibed tract(s) of land in ADA V SEE E](HIBIT "A" ATTACHED HERETO AND BY REPERENCE MADE A PART HEREOF 2~ ;- Loeabsofabovedesaibedproperty TEN ?TILE -' t'I + tioum No. Street Tbo ofiloers wbo atn thla dad hereby outify that this deed and the transfer represented hereby are authorized under a Z, taolorloe adopted b7 tbs board of direeton of tlta grams u a lawful marine held and attended by a 4uorum. ~? ~ wimat f~ ~ y~ trace aided ns wrporue Homo once seal to be hereunto affued by its duly authorized 28th dayof July . A.D. 19 95 ~+ offloerathb ~ ?~EtIDIANPLdND~ INVESTORS II LLC (CORPORATE NAME) Charles W. Akerlov. PRESIDENT of General Financial Group. Inc. a Utah Lt~,. I7ANA~ER Att~!• SECRETARY ~:_ >;TATL Ot OTAB 5~ a fJ Q COONi! OP w. p11 T11Ig ~• dny of t++s~-' i9 95, BEFORE MF., TIIE UNDERSICNF.D, A NOTARY KNOUN TO tlE TO BE the pi1sLlCr iLMSOMALLT APPEARED Charles M Akerlott !ltaidtmt of General Finnncial Grou Inc. Mona er of Meridian Land Inve r II LLC '.-A LIMITED LIAalL1TY CUIIPANY AND IERSONALLY APPEARED KIIONM TO M8 TO 8/. A MEMbF.R OF UP SAID LIMITC•D A LIMITED LIA6IhITY COMPANY, WIlO SUriSCRIDL•D THE NAME LIASILITT COMPANY, ANU ACKNONLEDCED TO MF, THAT IlE EXECUTED TIIE SAt1E ON riF.I1GLF OP SA1D LIHITLD LIArii1.ITY COMPANY. 1 ~ wC~isnd~~~a{ab,nf~ ~ Notary ubl c ~ o'~iua= trJdt+t ~„+~esidittg at L+..+++'a~'+ Coatatisaion L•xp. ~ -~• t • MERIDIAN CITY COUNCIL MEETING: NOVEMBER 21.1995 APPLICANT: FIRELIGHT ESTATES LLC ITEM NUMBER; 10 REQUEST; PUBLIC HEARING: REQUEST FOR A VARIANCE TO OBTAIN A ONE YEAR EXTENSION ON THE FINAL PLAT FOR FIRELIGHT ESTATES SUBDMSION AGENCY CITY CLERK: • ~~ CITY ENGINEER: 3EE ATTACHED COMMENTS CITY PLANNING DIRECTOR: ~ I ~ (~I ~I CITY ATTORNEY: PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: "REIAEWED" 3EE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: p~,( Materials presented at public meetings shall become property of the City of Meridian. WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 GRANT P. KINGSFORD Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer ~~~~'" COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER November 16, 1995 Re: FIRELIGHT SUBDIVISION (Time Extension Variance Request by Firelight Estates, LLC) This memorandum is being written to clarify an inaccurate statement that was made by the Applicant/Representative in response to question no. 15 of the application for this variance. The applicant/representative, Steve Petersen, first made contact with Shari Stiles on June 7, 1995 with questions about the status of the Firelight Estates project. He was inquiring because he was interested in purchasing the project from the then current owners, Running Brook Estates, Inc. Shari filled Mr. Petersen in on where this project was in the process of approvals as well as the time line to finish. The development plans for Firelight Estates Subdivision received approval from Public Works on September 20, 1994. On March 27, 1995, Jim Holden with Hubble Engineering, Inc. was instructed, by Rick Clinton of the Public Works Department, to revise the water main sizing in N. Sainfoin Way from the originally approved 6 inch diameter to an 8 inch diameter. Rick told Mr. Holden that the change could be made prior to the pre-construction meeting. Running Brook Estates, Inc. never proceeded with the project and later decided to try and sell it as a whole. On July 13, 1995 revised blueprints were received in my office that had the mainline size changes made. The Final Plat approval by the City of Meridian expired on September 6, 1995. As you can see by the above dates, the Public Works Department was not a source of delay for this project as implied in the statement. There are a certain amount of revisions that are required because of changes in timing of this project, and the neighboring project, Englewood Creek Estates, that were not anticipated by the applicant/representative'sengfneer. C:\WPWIN60\GENIItAL\DOVE.C-C OFFICIALS HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BERG, Jr., Clty Clerk A Good Place to Live RONALD R. ToLSMA JANICE L GASS, Clty Troaeuror MAX YERRINGTON _ BRUCE D. STUART, Water Works Supt. (/~ t/ ITY OF MERID LAN ROBERT D. CORRIE WAIT W. MORROW JOHN T. SHAWCROFT, Waete Water Supt, P l Z COMMISSION OENNIS J. SUMMERS, Parke Supt. SHARI S. 8TILES P 82 Adm 33 BS'I' jDAHO JIM JOHNSON. CMirman , . KENNETH W. BOWERS, Firo Chlef ~RIDTAN • IDAHO 83642 rr-. ~°^~ < ~ -:: MOE AUDJANI . . :.,~'.°- JIM SHEARER W. L "SILL" GORDON, Pollcs Chlef WAYNE G. CROOKSTON JR Attoms , Phone (Z06) 888433 • FAX (206) 887813 :~`y.~+-= ~ «.. ,per i -"-'-=`CHARLIE ROUNTREE T , ., y PLLb1iC WtXrks/ 8lulldtng Departntatt (206)887-221 l IM HEPPER h `'-~ GRANTP. KINGSFORD .. _ ~C'C~~: ~.•~:~ ~~ ~~ 'jai' ~ ~ , ir^ i ..., '.Z ~~ wSyi j 1"~e .:.d.:.i i~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 14, 1995 TRANSMITTAL DATE: 10/30/95 HEARING DATE: 11/21/95 REQUEST:~/ariance request for Fireligh~Subdivision BY: Fireiiaht Estates. LLC LOCATION OF PROPERTY OR PROJECT: JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C1C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(P13ELIM & FINAL PLAT) BUREAU OF REC ~QN(PRELIM 8 FINAL PLAT) CITY FILES OTHER: ~ `~ ~ YOUR CONCISE REMARKS: OFFICIALS WILLIAM Q. BERf3, Jr., City Clsrk JANICE L. (iA38, Clty Troesuror GARY 0. SMITH, P.E. City Englnssr BRUCE D. 8TUART, Water Works Supt. JOHN T. SHAWCROFT, Wasts Water Supt. DENN18 J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Flro Chlef W. L "BIU." f30RDON, Pollce Chlsf WAYNE f3. CROOKSTON, JR., Altomey HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDLAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Deptvtment (208) 887-2211 GRANT P. KINGSFORD ~Ya COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRIN(iTON ROBERT D. CORRIE WALT W. MORROW Z COMMISSION JIM JOHNSON, Chalrtnan MOE AUDJANI JIM 8NEARER CHARUEROUNTREE TIM HEPPER TRANSMITTAL TO AGENCIES. FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: November 14. 1995 TRANSMITTAL DATE: 10/30/95 HEARING DATE:. 11/21/95 REQUEST: Variance request for Firelight Subdivision BY: Firelight Estates LLC LOCATION OF PROPERTY OR PROJECT: _ Ten Mile and Ustick Road JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PREUM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PREUM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM ~ FINAL PLAT) BUREAU OF RECLAMATION(PREUM ~ FINAL PLAT) CITY FILES OTHER: /~ - 3d ~ 9S YOUR CONCISE REMARKS: /~ta a i i .h.~ ~i 2~ / .e-r_~ /ZU' a ~~ _RINTENDENT OF SCHOOLS . ~.~, ..- .: - ~ ~~`" ~4 '' ~ ~~ ~~ `~ ~ ~ '' Bob L. Haley DEPUTY SUPERINTENDENT R E Dan Mabe, Finance & Administration ~E- ~~ (;'! O ~ '~Ot7~ ASSISTANT SUPERINTENDENT Z~ ~~~\~~~ 1 ~ A` y ~'~ a ~„ ... w~ ~ ~ ~9~~ is'~t.a+~:~.~ %. Christine Donnell, Personnel & Instruction DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MER1DIANSTREET • MERIDIAN,IDAH083842 PHONE(208)888.6701 November 7, 1995 City of Meridian 33 East Idaho Meridian, Idaho 83642 Re: Variance Request for Firelight Subdivision Dear Councilmen: I have reviewed the variance request for Firelight Subdivision and would like to thank you for keeping the School District informed. The School District still needs a school site donated prior to approving any development in Section 3. Sincerely, Jim Carberry Administrator of Support Programs JC:gr Return to: ^ Boise ^ Eagle Rezone # ^ Garden city ,Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ~~/'~~'L/Gff~-T ~1~.5 S!/~~/(~~J/~ ^ ACZ ~~X~/i97JG~r ti.~ : ; N ~:;,, i~... :.- -- c~ G ~~ t 3 ~. I . We have No Objections to this Proposal. ' 'v' a ° r •'•.'' ~~ >r. ~ L'.. a dt.~..~. _... ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ^ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ^ central sewage ^ community sewage system ^ community water well ^ interim sewage ^ central water ^ individual sewage ^ individual water ^ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ^ central sewage ^ community sewage system ^ community water ^ sewage dry lines ^ central water ^ 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ^ 15. Date: / / y~ Reviewed By: Review Sheet CDHD 10/91 rcb, rev. I/9S CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Environmental Health Division ~1'~'HEALTH DEPARTMENT L BEFORE THE MERIDIAN CITY COUNCIL APPLICATION OF FIRELIGHT ESTATES, LLC FOR A VARIANCE FROM THE 11-9-604 I. 1. RECORDING OF FINAL PLAT FOR FIRELIGHT SUBDIVISION PRELIMINARY FINDINGS OF FACT AND CONCLUSIONS The above entitled variance request having come on for consideration on November 21, 1995, 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, and the Applicant appearing through a representative, the City Council of the City of Meridian makes the following: FINDINGS OF FACT 1. That notice of the public hearing on the request for a variance from 11-9-604 I 1., which requires that the final plat be filed with the County Recorder within one year after written approval by the City Council, was published for two consecutive weeks prior to the scheduled hearing for November 21, 1995, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the November 21, 1995, hearing; that copies of all notices were available to newspaper, radio and television stations. 2. That 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- FINDINGS OF FACT AND CONCLUSIONS OF LAW FIRELIGHT SUBDIVISION Page 1 t 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 11-9-604 I 1., requires that the final plat be filed with the County Recorder within one year after written approval by the City Council, otherwise such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the Applicant and granted by the City Council. 4. That the Applicant has requested to be granted a variance from the above filing and recording requirement; that the Applicant's application stated that when the property was purchased the final plat had been approved, yet there were still some outstanding issues that needed to be resolved; that the City required the change of the water main from 6" to 8" which took time for the engineers to complete and for the City to review before beginning the recording process; that the neighboring subdivision, Englewood Estates, was slated to be developed before Firelight; that Englewood Estates development would have taken care of many issues such as sewer .outlet, pressurized irrigation and flood plain, that needed to be completed before recording; that Englewood has not been developed, therefor Firelight has had to take care of these issues and it has taken Firelight past the one (1) year time period; that there was confusion between Firelight's development office and their engineers on who was submitting the development documents to the Ada County Highway District, thus the expiration date passed without Firelight asking for an extension. FINDINGS OF FACT AND CONCLUSIONS OF LAW FIRELIGHT SUBDIVISION page 2 5. That Firelight has extended and gone beyond the time date i and requests approval of this extension, as well as for extension on approval for the C C & R's and the Development Agreement. 6. The entire property in question is described in the subdivision application and is incorporated herein as if set forth in full. 7. That the Applicant is not the property owner; that the owner is Ann E. Crawford and she has submitted a letter requesting this variance, which is incorporated herein as if set forth in full. 8. That the Ordinance requires that the plat be recorded within one year of~+f/i"na/l~ plat .approval; that since the plats were approved on "I f (I~J~`I , the plats should have been recorded on or before ___~~Q1,-l~ ; that the Ordinance also states that any request for an extension must be filed with the zoning administrator prior to the lapse of the original one year. 9. That proper notice was given as required by law and all procedures before the City Council have been given and followed. 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 of hearing on the proposed variance 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 11-2-419 of the Zoning Ordinance and pursuant to Section FINDINGS OF FACT AND CONCLUSIONS OF LAW FIRELIGHT SUBDIVISION Page 3 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 Subdivision and Development 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 Planning and Zoning 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 A. 1., of the Zoning Ordinance is noted which is pertinent to the 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW FIRELIGHT SUBDIVISION Page 4 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 Plan. 7. That there does appear to be a specific benefit or profit, economic gain or convenience to the Applicant in that if the variance is not granted the Applicant would be required to go through the platting procedure again; that the Applicant could have recorded the plats within one year of ~ ~ , but then under 11-9-616 it would have one year to commence construction and an additional year to complete construction; that there have been no significant subdivision and development ordinance changes to require additional requirements that were not in effect when the subdivision was approved. 8. That regarding Section 11-9-612 A. 2. it is specifically concluded as follows: a. That there are no special circumstances or conditions affecting the property that the strict application of the .provisions of 11-9-604 I 1. would clearly be unreasonable. b. That strict compliance with the requirements of the 11-9- FINDINGS OF FACT AND CONCLUSIONS OF LAW FIRELIGHT SUBDIVISION Page 5 604 I 1., Approval Period, would not result in extraordinary hardship to the applicant as a result of factors not self-inflicted, but since there have been no significant Subdivision and Development Ordinances changes which could be avoided if the variance was granted, it does make reasonable sense to grant the variance. c. That the granting of a 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 the variance would not have the effect of altering the interests and purposes of the recording requirement or the Meridian Comprehensive Plan. 9. That it is concluded the Application for a variance should be granted, but the Applicant must record the plat on or before +A U!l ~lY , and the requirements of 11-9-616 shall be complied with. 10. That the granting of this variance, or any variance, is on a case by case evaluation and the granting of this variance shall not be considered as setting a precedent; each application must stand on its own merits and the granting of one variance is not a precedent for granting others. 11. That the granting of this variance is only for the recording requirement and all other Ordinances of the City of Meridian must be met and complied with. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The City Council of the City of Meridian does hereby approve these Findings of Fact and Conclusions. FINDINGS OF FACT AND CONCLUSIONS OF LAW FIRELIGHT SUBDIVISION Page 6 ROLL CALL: COUNCILMAN MORROW COUNCILMAN YERRINGTON COUNCILMAN CORRIE COUNCILMAN TOLSMA MAYOR RINGSFORD (TIE BREAKER) DECISION VOTED VOTED VOTED VOTED VOTED That it is decided the variance from the 11-9-604 I ~. is hereby granted and the plat must be recorded on or before 1996; that this then is an extension of approx tely one year of the time requirements of 11-9-604 I 1. APPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW FIRELIGHT SUBDIVISION DISAPPROVED: Page 7 CENTRAL •• DISTRICT ~t'rHEAL DEPARTM To prevent and treat diseas 95-398 TH ENT MAIN OFFICE • 701 N. ARMSTRONG Pl. • BOISE. ID 83104-0825 •(208) 315-5211 • FAX 327-8500 e and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. October 12, 1995 Mr. David Navarro Ada County Recorder 650 Main Street Boise, Idaho 83702 RE: FIRELIE3HT ESTATES SUBDIVISION Dear Mr. Navarro OCT 1 Central District Health Department, Environmental Health Division has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on October 11, 1995. No lot size may be reduced without prior approval of the Health authority. If you have questions, please call. Sincerely ~_ ~k~~~ /,r,,~ Thomas E. Schmalz Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director HUD City of Meridian Running Brook Estates Partnership Hubble Engineering,.Inc. Serving Valley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE 101 N. Mnstrong Plaoe Boise, ID 83704-0825 Ph. 315.5211 EUTAORE COI1Nnl OFFICE 520 E. 8th Street North Mountain Home, ID 83641 Ph.587-9225 VALLEY COMITY OFFICE P.O. Box 1448 McCaN, ID 83638 Ph. 634-1194 ~~ PHONE MESSAGE MEMO _ -~~ L°-. Talked with ..1 ~~ ~o~ >°~ Y".B,4aec SsL~~.osT Date ~~~7- 5~ Time ~~'3o p.m. Of .~- i~13/r F ~~.~ ~"~'~,~ s riS~C Phone No. ~.- Re ~~ ~ ' ® I placed tail ^ Party coiled ^ I returned toll My ® message ^ reply ~. Tr3 /~/ T. ~n ,sy~d~,/ ry.9T we o~Je.Pl~oke~ ~;,i7'~e_ ~ed.CCd ~ ~ T L' 7-'~+ / ~~ /-J Af~'•G LQ i/ 7'b i4n/ ~? .P '~ li~i¢ ~ e /71.41 ;/ ~ ~AAT C /y LtJ G~2G sa A Rnf a ~ / ~ . ~~ Party's ^ message © reply d c T ~~ r'~ Action or follow-up necessary /~flf(>/ Sa,~la: f~>° -~~ Si'~./ OCCuR S >r~QiD.P 7`d R Project No. Project title Place in Fiie FRc ~~ 9~ T ES 7`Ar~s 9'~ ENS/i wo~~al Q«~ ~s~"'g~ ~ - ~„n.~ CITY OF MERIDIAN LETTER 33 E. Idaho Ave. • Meridian, Idaho 83642 (208) 888-4433 • OF TRANSMITTAL FAX (208) 887-4813 TO: - DATE: ~ ,S' s ~ JOB NAME: Phone: Attention: Tt'in. /~.e~/ Enclosures include the following: ^ Copy of Letter ^ Submittal Data ^ Specifications Via: ^ DHL Samples ^ Change Order ^ Prints ^ Fed-X ^ Attached ^ Under Separate Cover ^ Other ^ UPS ^ Shop Drawings ~ Plans ^ Regular Mail ^ Fax [~ Hand UehaerEd Rce.e~~~ N Copies Date or No. Description THESE ARE TRANSMITTED AS CHECKED BELOW: ~, For Acceptance ^ Furnish as Submitted For Your Use ^ Furnish as Noted As Requested ~ Returned for Corrections '= For Review and Comment ~ Rejected -See Remarks ®Resubmit s' Copies for Acceptance ^ Submit Copies for Distribution ^ Return Corrected Prints ^ Return Prints After Use ^ Prints Returned After Loan To Us ^ FOR BIDS DUE REMARKS: ~ '~ ,~ - T 7' • Signature cc: Copies for File '` Owner r Mail If enclosures are not as noted kind/y notify us immediately. ~~~~~v~~ PROTERRA-IDAHO, INC. , 2401 S. APPLE ROAD ~~'~ __ 's a ~9G^ SUITE #L204 ~:~~~ ;F .v~F~l~l~~; BOISE, ID 83706 LETTER OF EXPLANATION RE: FIRELIGHT ESTATES PLAT BLOCK #2 LOT #9 July 8, 1996 Dear Mayor and Meridian City Council, I am writing to explain a confusing situation with regard to a subdivision, under development in your city, called Firelight Estates (See attached plat map). The following is a short explanation on the background of this subdivision. Our company, Proterra-Idaho, Inc., purchased the subdivision in June 1996. Before we purchased the property, Meridian City had already given the subdivision final plat approval and final construction approval. Since that time the physical improvements in the subdivision have been substantially completed, except for the road paving which will be completed Friday July 12, 1996. We have bonded with the City of Meridian for the remaining Honor improvements (landscaping, fencing, signage, etc.), all of which will be completed before the building permits are requested. As you can see from the attached signature sheet for the subdivision in question, both Gary Smith and Will Berg have already signed on the final plat. Now that we are nearing the recordation of the final plat, a problem has been called to our attention for the first time. This problem was created by the previous owner-developer, without our knowledge. Prior to our purchase of the platted subdivision, the previous developer sold a PROTERRA-IDAHO, INC. 2401 S. APPLE ROAD SUITE #L204 BOISE, ID 83706 separate parcel of adjoining land, which was not part of the subdivision plat which we purchased, on a "meets and bounds" basis (referred to as Block #2 Lot #9 on attached plat map). That separate parcel was sold to Jack and Betty Dunn. At that time, the Dunns agreed with the same party, from whom we purchased the platted subdivision, (see attached Letter Of Understanding), to sign any documents that would be necessary for the approval of the adjoining subdivision. However the previous owner-developer apparently failed to disclose to the Dunns and to our Company, that the existing Ten Mile Road Easement would eventually be increased from 28 feet to 45 feet. In other words, the Dunns unknowingly agreed to give up to Ada County 17 feet of their property as a Right Of Way on which a sidewalk would eventually be built. Now, the Dunns are refusing to sign our final plat as adjoining property owners within the subdivision, and they desire to be taken out of our plat altogether, an action which we obviously enthusiastically endorse. Our final plat cannot be recorded until the Dunns sign our final plat or until their separate parcel is taken out of our final plat. We respectfully request that the Council consider allowing us to totally remove the unrelated Dunn parcel from our final plat. Furthermore, we would like the council to allow all of our current final plat approvals to remain in place, after our final plat is amended to delete any reference to our neighbor's separate land. When the separate, unentitled, but adjoining parcel was originally sold to the Dunns, the plat, which was sold to us, should have been amended and that PROTERRA-IDAHO, INC. 2401 S. APPLE ROAD SUITE #L204 BOISE, ID 83706 separate parcel deleted from the subdivision which we agreed to purchase. If that separate parcel was to have been included within the boundaries of our subdivision, the Dunes should have given the City of Meridian an owner consent agreement for the approval of the subdivision as originally presented. Neither of these standard procedures was followed either by the City, or by the Dunes. Now this problem, which was created by the previous owners-developer, is at a crisis stage because even though our physical improvements are substantially complete, our final plat cannot be recorded until this issue is resolved. I will be at the City Council Meeting on Wednesday evening in order to answer any questions that you have about the situation. Because the Dunn property should not have ever been included in our plat, it seems that the most equitable strategy would be to simply remove the unrelated Dunn property from our plat altogether and allow us to proceed with recording our final plat. Thank you in advance for your consideration. Sincerely, Q Steven R. Petersen Vice President , t (s sasr w ss7 ~ . ~~• w ~ ' ''`~ N ~ M I ~ ~ I ! 8 i •• o a s • r a a xsY A f ~ ~ ~~' ` 4'`~'{~ (F1 ' d \ ~\ \ 'j. j~ e~, ~ 3 Q > : \ :~ \~ t ': ~ Icy • S; ~ • ~ S s ~y.~, E r.M.7 Y. ^ 'L. •~c ~ ycy`' ~•~~ i~ N Z ~' p ~ N ~ °'fy ~ 2 ' \~6 \ C ~ Z07~n~(O I 0 \ `, ti ~_r3 ,6 s ; ~ ~ r0 D _r JJ ' S !316'00' E ~; ~. ~ cl~~\, `\ "'i ~ ` i ~ raarr ~ ~ ~~ ¢ ~ y \~ ~ ~~ n O • ~ p v 1 I r ~ o :..L` ~~:. ~ Z y S "4 _ ( ( ~ f•s ~ ~l° i~i _ \% ~ ~ ~ ~ I ~ 3 100.00' E ~ I ~ O ~ ~ ® • ~ ` ~/ 3 s \ ~`~+ ` r y ~ lo~.w K ~ ~ ~~ ~ ( 1 = /./ 1 Y ~4 ~t ~ ~; X~ r' - -,moo= - - ~~-• -' _ ° ~ ~ ,. v S (s crass E) 0.74 (y+~ y rol•'~ ~ a S OY07'24' E + ~ IM~LATIED ±~' ec •c a ItSfICX ROAD ~'B ' I t't! ' N1:L .. -~ r----- ~ < 0 1~~1 t~ I ~ I - ~ $ .~~~ >Y x I ~ _ , j~.y.l, ; ~~, ; ~ i ~ ~ ~ ~ 1]yyF~~~ area ~~ R T~ ~. ~~ u i o Irr k;~'' i Q 1 ~ ~ ~ _~~ a ^ ~~ ~ ~ r ~j Ir ~lil Ic.~.~ t ~~ ~ ,ys =a1~ ~ ~ Siw ~~ O~s _~ y~ lil~^i1 ~ti Isi 4 ! ~ C~ N M. SFO S ~l ~ M 1 E+ 1 1 "f tT~ i ~1 N ~r~ S ~a7 !! ~x i ~ 1 1 i87 1 ~ ~ ~ ~yy~ INg 5~ 7 x~~~, ~ ~ ~ ~ .. ~ ~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~~~~ ~~ ~~g ~ ~ m ~ $ m f ~ : Cl ~ ~ ~ ~ ~~ ~ I ~ ~~ ~,, ~y ~ o~~ I ~~ ~ ~ a ~~~ ~~ _ ~ ~~x~~~~~~~~ ~~ ~~ ~ ~~o ~ a ~ ~ ~ ~~~~~ ~~ ~~~~~~ ~ ~~ ~ ~c ~ ~~~ ~ ~ ~~~ ~~ ~ ~ ~~Q~ ~~~~~ ~ ~88j]9] `g~ w~ ~~ C fsq~j ~! ~ ~ ~ 1; ~ ~~~~ ~~ ~ 9 1 °s ~g~ ~ f? ~ ~~~e ps~~oa'~~~~ ~~ ~ goo = ~ ~ ~ ~~~y - ~~ ~ >_ ~ ~~~ ~ ~a ~17i ~~F ti~ gKl~i 9X AI ~y~ ~F ~ ~(~~ e r ~~~~ t i ~ ~r ~~ ~~ s ~ gg ~ ~ ~~t <~ ~ ~~ --~- ~ ~ ~ v~ ~~s 9 Q= ~~ ~ _ ~ ~ ~ ~ ~ ~~ ~ ~~ ~ ~ ~ _ ~ ~ I ~~ ~ l~ _ ~ ~ ~, ~ g~ ~~~ ~~ ~ a ~~ ., . I ~ ~ ~~ ~~ ~_ ~ :;; " ~ s ~ ~~~ ~ ~ ~~ ~ ~ 4 ~. ~ ~~~ ~~~ 1 ; ~ ~ ~~ a/'~ ~~ RE: 3095 N. T Meridian, ;! 'i fl :~ ! ~f '~ ~'= ~33%~ ,... ;~:i.:~S SECURITY T(11-~ '!1'11E(i4i ~' 1'f'i ~ ~~/vLl ~~ i ' The undersigned parties hereby agree as follows:...-- ~.;, :~~ -~; 1. Purchasers agree that they have no objectithe °w1I1 jointingany Firelight Subdivision and that, if necessary, Y applications that may be required for subdivision approval, even though their parcel- is not part of the subdivision. 2. Firelight Estates agrees that the purchase the twell and gseptic successors, will have uninterrupted use of system located on Lot 10 ailable e1F relighttEstates ill provide until city services are av their assigns or these services at no cost to the Buyers, successors, in the event the property is sold or transferred. Further, as previously agreed, Firelight Estates agrees to hook up fire residence trtt Shall alsol extend tooany ass gnstor purchasers. This agreem successors of Firelight Estates. DATED this __~ day of November, 1994. Saggco, Lnc. ~ /l ~(~ ..Lt~!lLirt CK W. DUNN, Buyer J ~~ ~ BETTY A. DUNN, Buyer STATE OF IDAHO County of Ada OF UNDERSTAS1DINa Un this ist__ day of November, 1994, before me perswhomlI appeared ,sack W. Uunn and BeEty A. T?unc~ r know personally/whose dent ties were proved to me on thus atduly their a credible witness by t me on the basis of sworn/w,~oser : identities satis,E"'~pttiio~`Y~ evidence to to ~~~~~r:itrierlt, and r . •~~ ••' ~ ~ e. ~, `' ~`n 4. ~ r . r • • '•n ~° J~s7i~tl~, ~. . ss. were proved o be the per d t1' t they aexecutedsthecsamea acknowledge ' ~ ~ ~ ' ~~ tary u 1 c Idaho Residing at: noise, My Commission Exp res: ~-22-9R SEP 20 '94 13 19 • ~.~\ ~J`y ~9s NUBBLE ENGINEERING, IN . • 2081322.8992 • Fax 2081378.0329 8550 Bethel Court ^ Boise, Idaho 83709 \s y September 14, 1994 Job No. 94004 Mr. Gary Smith City of Meridian 33 E. Idaho Meridian, ID 83642 Post-it ` Fa~c Note 7671 d~ _~_ ~ of - t~ `` To J~~JA/'/' ~/lQS From J . co.lDep~/~-w~ c°. Phone N PhonE $ ~~ Z • $ 9 ~1i Fax a g 8.7 _ ~~3 Fa7c • ~''g' O ~ Z gE: ~religbt Estates Subdivision Response to your transmittal dated September 16, 1994. Dear Mr. Smith: Responses to comments on fiutal plat submittal in Mr. Bruce Freckleton's letter dated September 1, 1994. 1. No comment required 2. This residential, single-family subci~vision co~orms with all acceP~ble~engineering a~ surveyiz~ practices aad local standards. 3. Done 4. Our surveyor says it is not necessary to put the "Basis of Bearing" in the certificate of owners. It is showm on the plat. Bruce verbally agreed. 5 , Agree. Englewood Creek Estates Subdivision No. 1 will undoubtedly be record or ~t according to our client. Any reference to Book and Page will be added p recording of Firelight Estates. 6. Done 7. Done g. As explained to Bruce, this setback applied to a previous layout. No action required. 9. Done SEP 20 '94 13 19 • 4 ` Page 2 Firelight Estates 10. Done 11. Done 12. Done 13 . The Englewood Creek Estates Subdivision No. 1 developers are replacing the constrictive culvert under W. Ustick Road. Mr. Kunz is attending to getting the FEMA Flood Plain boundaries changed on the FIRM maps. Bruce informed me that it was satisfactory to leave off the flood plain boundary subject to the preceding. 14. Our deed specifies a line of 444.20' We found the existing pins on both ends of the questioned boundary line (measured length is 444.11')• 'The discrepancy you have questioned probably results from different interpretations of the location of the Ninemile Drain. 15. Done 16. As verbally agreed with Bruce and Terri Raynor ,this Cul-de-sac will be changed to North Firelight Place. Comments to the attached memorandum by Shari L. Stiles and dated September 1, 1994: 1. Fence will be included in Development Agreement and has been submitted. An uP~m of Exhibit B is attached. 2. CC & R's will be submitted in a few days. 3. Development Agreement has been submitted. An update of Exhibit B is attached. 4. Developers believe mazket is restrictive to larger homes, and 1400 squaze foot homes as per zoning requirements shdoulddb to~the ~ regwze~nenceof 1400 rsquare feet for being requested to be re Englewood. Comments by Mr. K.D. Bowers dated August 16, 1994: All common areas will be kept clean of trash as specified in the CC & R's. SEP 20 '94 13:20 • . • Page 3 Firelight Estates Conunents by Mr. Tom Schmalz, Central District Health Department dated August 22, 1994: We assume this is an approval. The stormwater from this subdivision will first flow from houses across grassed areas, then into gutters, and finally into grease/sand traps. We see no other practical method of handling the stormwater. Comments on Mr. gill Benson, Assistant Water Superintendent, Nampa and Meridian Irrigation District dated August 15, X994: No encroachments are planned on the District's right-of-way. Comments on letter from Nampa & Meridian Irrigation District by Mr. John P. Anderson and dated August 24, 1994: No encroachmerns aze planned on the District's right-of--way. Comments on transmittal from U.S. West by Ms. A.J. Carlson, and dated August 15,1994: Done Transmitted with this letter are five revised sets of the subject subdivision's development plans. Sheets numbered 2, 3, 5, 8 and 9 were revised and dated 9-14-94. Sincerely, ~~ James E. Holden JEH/vw/ltr.2117 Attachments: 5 sets of Development Plans 1 copy of Exhibit B cc: Steve Anderson SEP 20 ' 94 13 21 ` ~ • • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND ~ n.;; ~; r nu nrJK ESTATES This subdivision is fox 2.4 single-family dwelling units with an overall density of 2.95 dwelling units per acre. The DEVELOPER shall: 1. Extend and construct water and sewer lines to serve the property and connect to Meridian water and sewer lines. 2. Construct streets to and within the property. 3, pedicate 45 feet of property from the centerline of North Ten Mile Road for public right- o~ way. 4. Pay any development fee or transfer fee adopted. by the CITY. 5. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 6. Provide twenty foot wide, mounded landscaping strips along N. Ten Mile Road. ~ . Maintain by the Homeowner's Association the berms and landscaping along N . Ten Mile Road. g, Provide pressurized i~garion to all lots within this subdivision. 9. Provide perimeter fencitlg adjacent to the Ninemile Drain easement from N. Ten Mile Road to Englewood Subdivision. lp. Provide a gravel access road along the sewer line located within the Ninemile Drain easement. EXHIBIT "B" Pa e 1 of I FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGR~MENT g ** TOTAL PAGE.004 ** "` ' • ORDINANCE NO. ~~~ z~~ Na. ~ ~ ~~S~yy c~ AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS AN IRREGULAR TRACT OF LAND LYINGIIANN LADAICOUNTY IO DAHO T AND PROVID NG AN E FECTIVE DATEBOISE MERID , WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: An irregular tract of land lying in Lot 1, Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Beginning at a point South 0°7' East 255.75 feet from the corner stone of the Northeast corner of the North East 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian; thence continuing South 0°7' East 1054.25 feet; thence South 89°52' West 56 feet; thence North 56°8' West 100 feet; thence North 33°32' West 808 feet; thence North 47°25' East 444.20 feet; thence North 0°7' East 25.22 feet; thence South 89°53' East 255.75 feet to the Point and Place of Beginning. is hereby annexed to the City of Meridian, and shall be zoned R-4 Residential; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Page 1 ANNEXATION ORDINANCE - FIRELIGHT ESTATES r ~ • • Law as adopted by the Meridian Council on the request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the City of Meridian. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergence and effect fromrand after its pass ge and approval be in full forc as required by law. PASSED by the City Council and approved by the Mayor of the 1994. City of Meridian, Ada County, Idaho, this day of Page 2 ANNEXATION ORDINANCE - FIRELIGHT ESTATES • APPROVED: • MAYOR -- GRANT P. KINGSFORD ATTEST: WILLIAM G. BERG, JR. -- CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) I, WILLIAM G. BERG, JR., City Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS AN IRREGULAR TRACT OF LAND LYING IN LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Ordinance No. , by the City Council and Mayor of the City of Meridian, on the day of , 1994, as the same appears in my office. DATED this day of , 1994. City Clerk, City of Meridian Ada County, Idaho ANNEXATION ORDINANCE - FIRELIGHT ESTATES page 3 • STATE OF IDAHO,) ss. County of Ada, ) On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known~to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged 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. SEAL Notary Public for Idaho Residing at Meridian, Idaho My Commission Expires ANNEXATION ORDINANCE - FIRELIGHT ESTATES Page 4 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS. City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chiet W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney .k%~ Or TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888.4433 • FAX (208) 887.4813 Public Works/Building Department (208) 887-2211 GRAM P. KINGSF'ORD Mayor APRIL 9, 1994 MEMORANDUM TO; MAYOR, CITY COUNCIL, P ANNING AND ZONING FROM; Gary D. Smith, PE RE; FIRE LIGHT ESTATES SUBD. COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Atlministrator JIM JOHNSON Chairman • Planning 8 Zoning I have reviewed t and orb uset as cond tions of the applicantnduring your information the hearing process: 1. The property is adjacent to existing city limit boundary and the legal description does include the adjacent. portion of N.Ten Mile Road. 2. The frontage of Lot 2-Block 1; Lot 14-Block 2; Lot 3-Block 1; and Lot 13-Block do not have the configurationtof a "flag"r lot t culdesac lots and 3. Verify that Lot 4 and 17-Block 2 have 8,000 square feet of area. 4. Correct the side lot dimension of Lot 17-Block 2. 5 . Lots 10-13 , t llandscaoe, easement ~ s0 de ucted ee Willuaafencerbe when the 15 foo p built in the landscape easement shown? 6. Sanitary sewer service to this project is subject to construction of Englewood Creek Subd. If Englewood Cr. is not built this project will need to sewer to the interceptor paralleling Nine Mile Creek. 7. Sewer and water lines need to maintain a 10 foot horizontal clearance. Some adjustment will need to be made on Sainfoin Way. 8. Three (3) street lights are required. The entrance light shall be minimum of 200 watt. 9. The existing sewer interceptor along Nine Mile Creek must not be fenced into the backyards. Any backyard fencing should be placed on the easement line. 10. Submit approval from Ada County for street names and • subdivision name. 11. Show the referenced benchmark for the contour lines. 12. This project will be in a Zone AE flood area unless the culvert carrying Nine Mile Creek under Ustick Road is replaced with one that will pass the 100 year flood. 13. The highest seasonal groundwater elevation needs to be established to assist builders in setting the bottom of footing one foot above that level. C~Op~( BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RUNNING BROOK ESTATES, INC. FIRE LIGHT ESTATES ANNEXATION AND ZONING NE 1 4 OF SECTION 19 T'TEN'MILEIROAD B.M. SOUTH OF USTICK ON MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Gene Smith, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for Page 1 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT . • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 8.14 acres in size; it is located at 3095 North Ten Mile Road on the west side and approximately 700 feet south of Ustick Road; the development would include 27 lots. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 4. The present land use has one single family residential home designated Hlock 2, Lot 9, and the remainder of the property surrounding the single family residence is unused pasture. That the Applicant stated that they have approximately 3.3 dwelling units per acre; that the houses would be a minimum of 1500 square foot homes in the $115,000 to $165,000 range; that all streets are proposed to be built to ACRD standards with access to the project being off Ten Mile and also through the proposed Englewood Creek subdivision to the north; that the Applicant submitted an application for preliminary plat along with the application for annexation and zoning. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record, Ann E. Crawford, has requested the annexation and consented to the Application. 7. That the property included in the annexation and zoning Page 2 RUNNINGSBROOR ESTATESNCINCI/FIRELIGHT • application is within the Area of Impact of the City of Meridian. g. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in .the Meridian Comprehensive Plan. 9. There were no property owners in the immediate area that testified objecting to the Application. 10. Gene Smith addressed City Engineer, Gary Smith's written comments which are incorporated herein as if set forth in full, concerning this application's lots; that some of these lots don't have 8,000 square feet as required by the Ordinance. 11. The. other major concern City Engineer, Gary Smith, had, which Gene Smith commented on was the project being in a zone AE flood zone. Gene Smith commented that the flood zone is being worked on with the project to the north. In order to eliminate that flood zone a new culvert will be installed under Ustick Road and a letter of map .revision will be applied for with FEMA to take the entire area out of the AE zone. 12. Mr. Gary Smith commented that the frontage to Lot 2, Block .l, Lot 14, Block 2, Lot 3, Block 1 and Lot 13, Block 2 do not meet the minimum street frontage; City Engineer, Gary Smith's opinion of a flag lot is one with an allowed 30 foot frontage, of which these lots are not, therefor they should be 80 foot frontages with compliance with the R-4 zone. 13. It was also commented by Gene Smith that the sewer easement that passes through the property should not be fenced into Page 3 FINDINGSBROOK ESTATESI,CINCI/FIRELIGHT RUNNI • the backyards of the adjacent lots. 14. That the landscape easement on Ten Mile Road is outside of the proposed right of way so it is proposed that each individual lot has a landscape easement to handle sidewalk, curb, and gutter and that those items would be addressed in the Homeowners' Association CC&R's to be each individuals responsiblity for maintaining. 15. That the Developer would initially landscape but make it each homeowners responsibility to maintain. 16. City Engineer, Gary Smith, testified as to the landscaping issue with regards to the subdivisions responsibility to provide a buffer between the lots and the. roadway as well as a side buffer to avoid any problems as to the future expansion of Ten Mile. 17. That the Nine Mile Drain, which courses along the south side of this property, is a Nampa & Meridian Irrigation District/Federal Government drain ditch. N & M Irrigation District claims 50 feet from the center. of the drain. Any encroachment within this 50 foot right-of-way must be under a written agreement. ~8. The Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation District, City Engineer, Bureau of Reclamation City Police Department, Idaho Power, Settlers Irrigation District, Meridian School District, Ada County Street Name Committee and City Fire Department did submit comments and such are incorporated herein as if set forth in full; that the Ada County Highway District may submit comments and if it does those Page 4 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT • • comments will be, and are, incorporated herein as if set forth in full. 19. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 20. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 21. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 22. That the property can be physically serviced with City water and sewer. 23. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 24. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: Page 5 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT • "Support a variety of residential categories (urban, rural, multi-family,. townhouses, apartments, single-family, ur ose of providing the City with condominiums, etc.) for the p p ortunities." a range of affordable housing opp 25. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . •1t t the Meridian Comprehensive Plan, under Land Use, 26. Tha Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High densi nt rmustenalso comply w the the .other residential developme lan." appropriate sections of this p 27. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular~~ mobile homes, multi-family, townhouses arrangements), • "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 28. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. Page 6 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT • 29. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 30. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a•future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 31. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the .neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 32. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of th olitical of subdivision development on the ability of p subdivisions of the state, including schual t lsof lcsesrvice deliver services without compromising gosin y substantial delivery to current residents or imp g additional costs .upon current residents to accommodate the subdivision."; Page 7 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT • that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 33. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 34. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 35. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible fe use es to c screen g the s view 1 froms residential or lndustrlal Page 8 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT • • properties. Such screening sha art of thennormalf street right (20~) wide, and shall not be a p of way or utility easement." 36. That Section 11-9-605 H 2..states as.follows: "Existing natural features whic activenessu oft theecommunity development and enhance the att historic spots and similar (such as trees, watercourses, irreplaceable amenities) shall be preserved in the design o the subdivision;" 37. That Section 11-9-605 R states as follows: "The extent and locatibe determined bylnatural features andn space corridors should to lesser extent, by man-made features such as hts 1of easements, transportation rights of way or water rig screening or lineal open space corridors ~„~ay. Landscaping, may be required for the protection of r ssi railroad right lof from adjacent arterial streets~owedeareas~(landscaped), semi-. way or other features. As ~P athwa only), or unimproved improved areas (a landscaped p linear-open space corridors areas (left in a natural state), serve: 1 To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways: or role in conserving area scenic and 3. To play a maj draina es and natural value, especially waterways, 9 natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identia d ation within the area due to the internal linkages; 6. To link residential ~~neighborhoods, park areas and recreation facilities. 38. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new ublic right of way or as separate developments as part of the p stem (which is easements so that an alternate transportation sY rovided distinct and separate Urb n thS rvicemoPlanningn Area The throughout the City Page 9 FINDINGS OF FACT & CONCINCI/FIRELIGHT RUNNING BROOK ESTATES, Commission and Planning and Zoning Commission shall consider the Bic cle-Pedestrian Desi n a Ma District) AwhenCoreviewing prepared by Ada County Highw y bicycle and pedestrian pathway provisions within developments. 38, That proper notice was given as required by law and all ocedures before the Planning and Zoning Commission were given and pr followed. CONCLUSIONS 1, That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have the mailing of notice to owners of property been met, including within 300 feet of the external boundaries of the Applicant's property. 2, That the City of Meridian has authority to annex land ursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised P and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. That the Planning and Zoning Commission has judged this 3. exation and zoning application by the provisions contained in ann the Idaho Code, Title 67, Chapter 65, Idaho Code, Section 50-222, as Meridian City Ordinances, the Meridian Comprehensive P an, ded and the record submitted to it and things of which it can amen ~ take judicial notice. 4, That all notice and hearing requirements set forth in 'tle 67, Chapter 65, Idaho Code, and the Ordinances of the City of Ti Meridian-have been complied with. 5, That the Commission may take judicial notice of Page 10 FINDINGS OF FAESTATESNCINCI/FIRELIGHT RUNNING BROOR ent ordinances, and policies, and of actual conditions governor existing within the City and State. That the land within the, proposed annexation is 6. ous to the present City limits of the City of Meridian and contigu the annexation would not be a shoestring annexation. e annexation application has been initiated by the 7 , That th 'cant with the consent of the titled owners and the annexation Apple is not upon the initiation of the City of Meridian. d is a of lan g, That since the annexation and zoning lace conditions legislative function, the City has authority to p the annexation of land. Burt vs. The Cit of Idaho Falls 105 upon Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply articular with the Ordinances of the City of Meridian and in P and Section 11-9-616, which pertains to development time schedules 'rements, Section 11-9-605 M., which pertains to the tiling of requi ertains which p ditches and water ways, and Section 11-9-606 B 14, ressurized irrigation; that the Applicant will be required to to p ect to Meridian water and sewer; that the development of the conn ro ert shall be subject to and controlled by the Subdivision an P P y o ment Ordinance; that, as a condition of annexation the Devel p 'cant shall be required to enter into a development agreement Apple horized by 11-2-416 L and 11-2-417 D; that the•development as aut ent shall address the inclusion into the subdivision of the agreem ' ements of 11-9-605 C, G. , fl 2, R, L and prior comments of the requir ious Planning Director, Wayne Forrey, relating to the lack o prev page 11 FINDINGS OF FACSTATESNCINCI/FIRELIGHT RUNNING BROOK E • • adequate recreation facilities and that land set aside for a future ark would be desirable, that the City is in need of land set- P asides for future public service use,.that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any a when assigns, heirs, executors or personal representatives, p Y- the Cit required, any development fee or transfer fee adopted by Y% that there shall be no annexation until the requirements of this aragraph are met or, if necessary, the property shall be subject P to de-annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also ~ ~ ~j P. rrn livid f~. address the landscaping along Ten Mile Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the Com rehensive Plan, and therefore the annexation and zoning P Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as Page 12 FINDINGSBRO RAESTATESNCINCI/FIRELIGHT RUNNI • • a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant-shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2., K, L and the comments of the Planning Director, Wayne Forney; that the development agreement shall, as a condition of annexation, require that the Applicant, or if heirs, executors or personal required, any assigns, representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met. 15. That these conditions shall run with the land and bind Page 13 FUNNINGSSROOR ESTATES1,CINCI/FIRELIGHT R • • the applicant, the titled owners, and their assigns,. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are net met the property shall be subject to de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED VOTED COMMISSIONER ROUNTREE VOTED_J~~ COMMISSIONER SHEARER VOTED ~' COMMISSIONER p,I,IDJANI CHAIRMAN JOHNSON (TIE BREAKER) VOTED C~ ~'1 L DECISION AND RECONII~IENDATION The Meridian Planning and Zoning Commission hereby recommends to the City anning and Zoning Commissio f the City of Meridian that they app and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the A plicant and owners be specifically required to the all ditches, P canals and waterways and install a pressurized irrigation system as Page 14 FINDINGS OF FACT.& CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT • conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de-annexed. MOTION: APPRGVED:~f DISAPPROVED: Page 15 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT •HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS. City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. sTUART, water works spat. 33 EAST IDAHO JOHN T. sHAwcROFT, waste water s~vt. KENNY W. BOWERS, Fire Chiel MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief phone (208) 888-4433 • FAX (208) 887813 WAYNE G. CROOKSTON, JR., Attorney Public Works/Building Department (208) 887-2211 GRANT P. KINGSfORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Atlm~mstraror JIM JOHNSON Chairman ~ Planning d Zoning TRANSMITTAL TO AGENCTES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations wilt be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3!14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ , A I Ate. n~ --z ~J 7 -c YOUR CONCISE _ _~_ _. ,: ~.. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chiel WAYNE G. CROOKSTON, JR., Attorney GRANT P. KINGSF'ORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW ~~~~~e~}Ip7y STILES +" rr~ Administrator Q~JI,JM~ JOHNSON MAR 1 ~"~~'If Planning & Zoning TRANSMITTAL TO AGENCIES FOR COM OF MERID AN ELOPMENT PROJECTS WITH THE CITY To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: April 5, .1994 TRANSMITTAL DATE: 3114/94 HEARING DATE: 4/12/94 REQUEST: Annexation! zoning with Preliminary plat for Fire Light Estates BY: Runnin Brook Estates Inc. and Hubble En ineerin LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, CIC MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY. ATTORNEY CITY ENGINEER CITY PLANNER HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 8874813 Public Works/Building Department (208) 887-2211 MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM ~INAL PLAT) CITY FILES ~ _ I '~., y' OTHER: YOUR CONCISE REMARKS: „ ~ , ~ .,, ,_ + ~~Q EXCEL! ~Z Z ~ Q ~~ March 14, 1994 ~ERINTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT DanMabe,Finance g, Administration DIRECTORS Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Fire Light Estates Subdivision Dear Councilmen: I have reviewed the application for Fire Light Estates and find that it includes approximately 27 homes at the median value of $140,000. We also fand in t the 1 attendanceiozones fora Linder census tract 103.10 Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 9 elementary aged children, 8 middle school aged children, and 10 senior high aged students. At the present time Linder Elementa a acit t and Merid an High~S hoo d is ati123$ School is at 126$ of c p Y of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding sc ort s this also well over capacity: Before we could supp subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site w d 1 need dto tpassndanothers bonds issuie a for. the addition we woul construction of schools. The cost per student for newly constructed schools, excluding site purchase pric entn and f $1Ot000 mperv m dais or chigh school per elementary stud student. • • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, l~Qil2 ~ciY1~. Dan Mabe Deputy Superintendent DM:gr SUBDI~ION EVALUATION SH APB ~ 5 Ec~~ city ME'I11 r .. ~ ;....,. , ...:, . Proposed Development Name FIRELIGHT ESTATES ~ ~. _ ~ 1 }• Date Reviewed 3/24/94 Preliminary Stage XXXXX Final Engineer/Developer Hubble Engr /Running Brook Estates Inc The following SUBDIVISION NAME is approved by 'the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. FIRELI HT ESTATES ~1~. Date ~ The Street name comments listed below are made by the members of the A 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 a~near onon the plat as: "N TEN MILE ROAD" "W. USTICK ROAD" "W. SWEETBRIER STREET" "N SAINFOIN WAY" - The following new street name is aaaroved and shall aanear on the plat as: u9o~. 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 COMMITTEE, ~NCI~ REP~E NTATIVES OR DESIGNEES Ada County Engineer John Priester Ada Planning Assoc. Terri Raynor Meridian Fir District Representative Date ~~~~~~`~ Date ~~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~ ~~'' TR~SUBS~801SE.FfiM ----_ • ~ ~ ;~ ~: 1~'~11'•r If ~ a N ! ~r ~ i ~ i1 ~~~~~ i~~ ~ ~~~~~~ ~~ ..< o iii ~E~~' ~t~ ~~;~;= Z ~ '~ '' ~ ~ ~ I ! ~ 0 ~i~l;i i .~I~~~~~! a N 4•••••se ••!?!! - z N W F- Q W ~~^ ~Q~ ~~~ Z.l e g~ ~~ 4 J ~ :~ Z ~ a Z 6 , 3 ^ .~G~ b! SUBDIVISION EVALUATION SHEET City ME~Ia,_.~lb~=:..~ Proposed Development Name FIRE LIGHT ESTATES 3i Preliminar Sta a XXXXX Final ~s=~~~ 3 ~ ~~~/{ Date Reviewed 24/94 Y 9 ,, _, .... , Engineer/Developer Hubble EnQf /Running Brook Estates Inc. The following SUBDIVISION NAME is approved by the Ada County Engineer or h esignee per the requirements of the IDAHO STATE CODE. Fl~:uG kr i s o~.ti wv,~n ANn ~ s a/P~~ as cwc woan S F~R~-,~++T ~'sr~}taS Date The Street name comments listed below are made by the m rs of the ADA COU TY STREET NAME COMMITTEE (under direction of the Ada C ty Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. ~~ The followings existin4 street names shall appear on the plat as: ~r "N. TEN MILER AD" "W. U TI K ROAD" "W. WEETBRIER STREET" "N. SAINF IN WAY" The following proposed street name is over ten letters in length and cannot be approved nless Ada County Hiahwav District will verify in writing that the street name will fit on a sign: "W. FIRE L HT RT" 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 ord r for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, N Y REP-R ENT TIVES OR DESIGNEES Ada County Engineer John Priester Date '~~~~ Ada Plannin Assoc. Terri Raynor ~ ti.~ ~~t Date 3 ~`~ ~`~ 9 Meridian Fir District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat wilt not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS Q 3 TR\SUBS\BOISE.FRM • ~ i ~,~•: - . - - -- ~ ;~~~~~ x ~ ~'e! N ~ ~~'~ ~ ~~ ~ I ~ ~ ~ i ~~~ '~~' ~ ~~~~~ Y 1 ! ~~.~:;~ ~~ ~Y~~l~i~ Ys•^•• •e ••lY4R ~ ~ ~ a I ~a s~~ I K~ ? ~ ~G C N d z N W F- Q H N W H 2 J W l~ ~a~ ~~~ ~~~ `! ~v~ ~~~ ~Z~ wa U -- - v ARR 1 5 f9~4 GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary TO: RUNNING BROOK ESTATES 2640 S MAPLE GROVE BOISE ID 83709 FROM: .Larry Sale, S rv' o Development vi • April 8, 1994 SUBJECT: FIRE LIGHT ESTATES SUBDIVISION - PRELIMINARY PLAT On April 6, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, 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-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared by an Idaho Registered Professional Engineer, tocether 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 District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • April 8, 1994 Page 2 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. 4. If Public Rights-of-Way 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 345-7680, should you have any questions. LS cc: Development Services Chron HUBBLE ENGINEERING MERIDIAN CITY HALL • C~ G ~ riC GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary r0; ACHD Co,nmission ~'IRELGHT;' DSTECH '=-u-9!! DATE: April 1 994 FROM: Development Services SUBJECT: PRELIMINARY PLAT - F: (Developer - Running Boise, ID 83709) (Engineer/purveyor - Holden), 950 Bethel FACTS & FINDINGS: Lre Light Estates Subdivision Brooks Estates, 2640 S Maple Grove, Hubble Engineering, Inc. (James. Ct, Boise, ID 83709) 1. Fire Light Estates is a 27 lot residential subdivision and request for a zone change from RT to R-4. The site is located on the west side of Ten Mile Road, south of Ustick Road. There are 1,095-feet of new public roads. planned. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian .ACRES - 8.14 FEET OF NEW PUBLIC STREETS - 1,095 LOTS - 27 ZONING - R-4 requested L'STIMP.TED VEHICLE TRIPS PER DAY - 270 TRAFFIC ANALYSIS ZONE - 260 L.F. OF FRONTAGE ON Ten Mile:- 1,055-feet MvST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Minor arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 58-feet (25-feet west of centerline} REQUIRED RIGHT-OF-WAY - 90-.feet (45-feet from centerline) Ten Mile Road is improved with curb and 5-foot sidewalk on the east side (52-foot back-to-back) and 12-feet of paving on the west side. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 E~RELIMINARY PL~- ~pril 1, 1994 Page 2 Fire Ligh} Estates Sub~ision 3. There i:~ an existing dwelling taking access from Ten Mile Road. 4. Access to the development is provided from Ten Mile Road by proposed Sainfoin vlay, which connects to the north with Englewood Creek Subdivision No.~l. 5. Nine Mile Drain borders this site on the southwest side. 6. The ACRD Capital Tmpravement Plan (CIP) indicates that Ten Mile Road is not approved for use of Road Impact Fee funds to increase i.ts capacity; therefore, Road Impact Fee offsets may not be given for construction of the roadway improvements (excluding sidewalk) along Ten Mile Road, but may be given for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-of- way, he/she must submit an application to the impact fee admin- istrator prior to breaking ground, in accordance with Section 15 of AC?iD Ordinance # 18 8 . NOTE: ACRD is currently updating the CIP to incorporate the recommendations of the Meridian Comprehensive Plan. It is likely that this update will result in Ten Mile Road being made eligible for the rise of impact fee revenue. 7. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on April 5, 1994. SITE SPECIFIC RE UIREMENTS• 1. Dedicate 45-feet of right-of-taay from the centerline of Ten Mile Road abutting parcel (2Q additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit zone. 2. Provide a deposit to the Public Rights-of-Way Trust Fund at the District for the required street improvements (5-foot sidewalk) on Ten Mile Road abutting parcel. 3. Excluding the existing dwelling on Ten Mile Road (proposed. Lot 9, Block 2), direct lot or parcel access to Ten Mile Road is prohibited, in compliance with District policy. Lot access restrictions shall be stated on the final plat. 4. Provide a paved public turnaround at the north end of Sainfoin Way if that part of the street north of Lot 4 of Block 2 is constructed before the adjoining portion of Englewood Creek Estates. PRELIMINARY FLAT A.prii i, 1~9~ Fagg :~ - Fi~Light Estates Subdivision STANDARD REpUIREMENTS: 1. ~;treet and drainage improvements required in the public right- of-way shall be designed and constructed in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and constructed in conformance with District. standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations. presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land Surveyor, in compliance with Idaho Code, erection 54-12.15. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.} outside of the proposed street im- provements. Authorization for. relocations shall. be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 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 ACRD. The proposed drainage system shall conform to trio requirements. of Meridian. City and shall retain all storm. water on-site. Public street drainage. facilities shall be .located in the public right-of-way or in a drainage easement set aside. specif- ically far that use. There shall. be no trees, fences, bushes, sheds, err other valuable amenities placed in said easement. Drainage easements and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and. appropriate action by ACRD. 10. Locate driveway curb cuts. a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. PRELIMINARY PL~ April 1, 1994 Page 4 - Fire Light Estates Sub~rision 11. Developer shall provide the District with a cagy of the record- ed plat prior to the installation of street name signs. Street signs will not be ordered until. all fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign on every unsignalized approach. of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. Aright-of-way permit must be obtained from ACRD for all street and utility construction within the public right-af- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 14. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within. l5 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 Development Services Division at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL: APR 0 6 199 APR 07 '94 01~47PM CENTRAL DISTRICT H D CENTRAL •• DiSTRIC7 ~t'HEALTH DEPARTMENT REVIEW SHEET Environineratal Health Division RE~IEI~~~ Rezone # ' Conditional Use # J Preliminary nal /Short Plat ~ r-,o _ 1..~_fl='S~Qi C~~4~ ~~ ~t~,iiIt~i+~ P.3 Return tos ^ Boise ^ Eagle ^ Garden aq Meridian ^ Kuna ^ ACZ ^ I. We have objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type•Qf use must be provided before we can comment on this Proposal. ^ a. We will require more data concerning spil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of. ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layerr. ^ 2 feet ^ 4 feet 7. After written approval from appropriate' entities are submftted, we can approve this proposal for: central sewage Q comri~unity sewage ayatem ^ community wster weH ^ inoerim sewage central water ^ Individual sewage individual water 8. The folbvring plan(s) must be submitted;to and approved by the Idaho Department of Health & Welfare, Division of Enviranmer>tal Quality: central sewage ^ community sewage system ^ communiq water sewage dry lines ~emxal water ^ 9. Street Runoff is not to Create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if ocher considerations indicate approval. ^ ((. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan rLwiew for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store ~rl I3. ~ Dace: ~~ vat~r ~a T i t• r_ P 1 sn~ ;a s 1 1 ha ravi ~ssosi at*rf__ ReYieWed l~l: anrlrnvsyd 1)yt: rhich ~-v~r~ a~~nr_v~ a~.nro~.i:atP Ar'uD Ada County or TbUiR, ' tDIA 101!1 rtb, m. 1114) jN • HUB OF TREASURE VALLEY ~ ~ ~~~~ ~p~IL MEMBERS OFFICIALS A GOOd Place CO L1V2 RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer ~~R z 1 ~~~t~ERT D!CORRIE RROW CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. WALT W. MO ~` r y , 33 EAST IDAHO `/~ i ~j~ ~i ~' ~i~.iil~J~i :'~~~TILES t i i t JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief ra or n s Planner 8 Zoning Adm MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GORDON, Police Chiet WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman -Planning 8 Zoning Public Works/Building Department (208)887-2~ ~~~~~~~® GRANT P. KINGSFORD _ 1Qgl~ or M ay NAMPA ~ MERID{AN ' TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~~;~~~PROJECTS WITH THE CITY OF MERID[AN To insure that your comments and recommendations will be considered by the Meridian P!Mn~:i~3 $t ?n,r,i~~ ~~n3!f'~!'~~aclnl~, r~av vvP h2~~P your ~rl~\Nef ~V' Aaril 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Liaht Estates BY: Running Brook Estates Inc and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM ~ FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8t FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT r3iiREhV GF REC.LAi1/u4TivfJ(PRELIiY1 ~ FII'JrL PLAT} SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: The Ninemile Drain which POLICE DEPARTMENT courses along the south side of this property is a CITY ATTORNEY Nampa & Meridian Irrigation District/Federal Govern- CITY ENGINEER went drain ditch. Nampa & Meridian Irrigation District CITY PLANNER claims 50 feet from the center of the drain. Anv encroachment within this 50 foot right-of-way must be under a written a>sreement. The Bureau of Reclamation may require a similar aereement. For this agreement contact John Cavwood Bureau of Reclamation 334-1463 or at 214 Broadway~_v__~ue Bill Henson, Foreman Nampa & Meridian Irrigation District SETT•RS' IRRIGATION DISTRIC~ P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 ~~~~~~~~ MAR 2 ~ 1994 CITY ~~~ ;+~si~vlH1'~ March 18, 1994 City of Meridian Planning & Zoning 33 East Idaho Meridian, Idaho 83642 Re: Fire Light Estates To Whom It May Concern: We have received and reviewed the plans for the above referenced subdivision. Since it does lie within the Settlers Irrigation District, the developer will be required to provide a pressurized irrigation system so that the homeowners might access their irrigation water. Settlers will not accept any drainage into it's system from the subdivision. if you have any questions regarding this, please phone me at 343-5271. Sincerely, / _,~ /~ - -~ Troy . Upshaw, Manag/ er Settlers Irrigation District James E. Holden, P.E., Hubble Engineers TLU/vrk OFFICIALS WILLIAM G. BERG, JR., City Clerk JANIGE L. LASS, City Treasurer GARY D. SMITH. P E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT. Waste Water Supt. KENNY W. BOWERS, Fire CNeI W.L. "BILL" GORDON, Police Chlet WAYNE G CROOKSTON. JR.. Attorney GRANT P. I:INGSFORD Mavur COUNCIL MEMBERS RONALD R TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W MORROtV ~„„ a~- ,, ., ..~ ~-4~A1RI STILES ~'~- ;_P4antter.g-y~mgAOm~msuatcr "-+' i'aE A 5... ~._.:- JIM JOHNSON ~ ,. Chauman Planning d Zoning 1~-: '~ .. "I'RANS~IIT'TAL TO AGENCIES FOR CO~'ll\1ENTS ON DEVELOPMENT PROJECTS ~~ITI-_" THC CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation! zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT I~IT\/ ATTI'\n.lr\/ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a perl))anent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use3 A~S C~R~~Nn-`~ SNowN O~ Tk£ PR~~m in+A+aY P~+~'. • . HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-3433 • FAX (208) 887-3813 Public Works/Building Department (208) 887-221 I Tim Adams ~,,J q-aM»a Idaho Power ~1-~_s~ 322-2047 OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L GASS. Clty Treasurer GARY 0. SMITH, P.E. Clty Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, fire Chief W.L. "BILL" GORDON. Police Chief WAYNE G. CROOKSTON, JR.. Attorney HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live RoNALO R. ToLSMA MA%YERRINGTON CITY OF MERIDIAN WALT W.MORFlO~N 33 EAST IDAHO SHARI STILES _ Planner b Zoning Administrator MERIDIAN, IDAHO 83642 JIM JOHNSON Phone (208) 888-0433 • FAX (208) 887-4813 Chairman • Planning 8 2on~ng Public Works/Building Department (208) 887-221 I ~~~~''qg,, ~;,, , re's '~ ~ 'r ~: ~ -. • `3.;r~ ~..o i`.~~ car` ~..:... GRANT P. KINGSFORD ' Mayor nt' I~~ i ~ ~~~a 6 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEV~'P1t~ElY'~'~P'ROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14194 HEARING DATE: 4/12/94 REQUEST: Annexation! zoning with Preliminary plat for Fire Light Estates __ BY: Running Brook Estates Inc and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road P2 JIM JOHNSON MERIDIAN SCHOOL DISTRICT , MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM 8t FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION P2 TIM HEPPER CENTRAL DISTRICT HEALTH , GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT ClC RONALD TOLSMA SETTLERS IRRIGATION DISTRICT , BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8t FINAL PLAT) C/C WALT MORROW U.S. WEST(PRELIM 8 FINAL PLAT) , C/C MAX YERRINGTON INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) , WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY ~.~ Ll S~w(~ST C-~Ot,(l?JE3 E.o-~M.E~[T OtITSI OE CITY ENGINEER ~ INIt ~s~~IVlEiil!'r ~~ l1uSTf1«MEJt\itT t~ EASEwItVr ~k CITY PLANNER TFl E: P I AI S FO ¢ - n ~ % %L%%-~'~ ~,~ lti Tt~lG ~? ~~ ~ ~t _ Z. ~~~ Q~ E,A~ Ivt.~l`T Sd GdTV T61~ HAVE 6®ENOUtaH ~,~. N O ti *~Yl, ,QP " ~~`' ` im United States Department of the Interior = N _ ~~"; A ' ~. J/J BUREAU OF RECLAMATION a.,,-~~-•.-~,,. A9 CENTRAL SNAKE PROJECTS OFFICE ~ ~ " ~ 2l4 BROADWAY AVENUE BOISE, IDAHO 83702-7298 IN REPLY REFER T0: CSPO-424 March 30, 1894 :~.~`~ ~~. ~ -~ LND-1.00 ~~ ~ - - ~ i:.~. , r;, ., - r,t Mr. Wayne Forrey Meridian P&Z Commission City of Meridian 33 East Idaho Ave Meridian ID 83642 Subject: Review of Fire Light Estates Subdivision Preliminary Plat Dear Mr. Forrey: The United States' Nine Mile Drain right of way is correctly dimensioned and labeled on this subdivision plat. We support this development's approval. Please call John Caywood (ph. 334-1463) if we can be of further assistance. Sincerely, ~~~ 4 AY~'T ~~~` ' , '1 ~ ~ ; ~7`errold D. Greg Project Superintendent cc: Nampa Meridian Irrigation District • MERIDIAN CITY COUNCIL MEETING: June 21 1994 APPLICANT: RUNNING BROOK ESTATES AND AGENDA ITEM NUMBER: ! S NUBBLE ENGINEERING REQUEST:, t~U-b1~C ~eGA'~r~c\: ~~nn2~co.-1-x_011 ~ Zon;,~~ fof ~~.°~1~,~' ~S~~tS AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: • • NGI ~~- ~~ 9 Qy 0 ~~ SURVEy RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 June 21, 1994 Ms. Shari Stiles City of Meridian Planning and Zoning 33 East Idaho Ave. Meridian, Idaho 83642 VIA FACSIMILE 887-4813 RE: Firelight Estates Dear Shari: The conclusions of Law (#12) for the above referenced development states "That all ditches, canals, and waterways shall be tiled as a condition of annexation..." It is my understanding that this requirement would not apply to a major water course, (ie. Nine- Mile drain). As such, I request that this requirement for the above be deleted as a condition of approval at tonight's public hearing. Should you have any comments concerning this matter, please advise. Sincerely, `~ Gene P. Srr~idi, P.E. Senior Project Manager cc: Steve Anderson GPS/mf/2026.1tr • . 1 ' MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: June 14.1994 APPLICANT: RUNNING BROOK ESTATES AND AGENDA ITEM NUMBER: 2 NUBBLE ENGINEERING REQUEST: TABLED AT MAY 10 1994 MEETING• FIRE LIGHT ESTATES PRELIMINARY PLAT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS OTHER: MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10 1994 APPLICANT: FIRE LIGHT ESTATES AGENDA ITEM NUMBER: 6 REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW - AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 1 BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RUNNING BROOK ESTATES, INC._ FIRE LIGHT ESTATES ANNEXATION AND ZONING NE 1/4 OF SECTION 19, T 3 N.. R.1 E., B.M. SOUTH OF USTICR ON TEN MILE ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Gene Smith, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT & CONCLUSIONS OF LAW Page 1 RUNNING BROOK ESTATES, INC./FIRELIGHT ~' annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 8.14 acres in size; it is located at 3095 North Ten Mile Road on the west side and approximately 700 feet south of Ustick Road; the development would include 27 lots. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 4. The present land use has one single family residential home designated Block 2, Lot 9, and the remainder of the property surrounding the single family residence is unused pasture. That the Applicant stated that they have approximately 3.3 dwelling units per acre; that the houses would be a minimum of 1500 square foot homes in the $115,000 to $165,000 range; that all streets are proposed to be built to ACRD standards with access to the project being off Ten Mile and also through the proposed Englewood Creek subdivision to the north; that the Applicant submitted an application for preliminary plat along with the application for annexation and zoning. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not-the owner of record of the property but the owner of record, Ann E. Crawford, has requested the annexation and consented to the Application. 7. That the property included in the. annexation and zoning FINDINGS OF FACT ~ CONCLUSIONS OF LAW Page 2 RUNNING BROOK ESTATES, INC./FIRELIGHT • • application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the .Meridian Comprehensive Plan. 9. There were no property owners in the immediate area that testified objecting to the Application. 10. Gene Smith addressed City Engineer, Gary Smith's written comments which are incorporated herein as if set forth in'full, concerning this application's lots; that some of these lots don't have 8,000 square feet as required by the Ordinance. 11. The other major concern City Engineer, Gary Smith, had, which Gene Smith commented on was the project being in a zone AE flood zone. Gene Smith commented that the flood zone is being worked on with the project to the north. In order to eliminate that flood zone a new culvert will be installed under Ustick Road and a letter of map revision will be applied for with FEMA to take the entire area out of the AE zone. 12. Mr. Gary Smith commented that the frontage to Lot 2, Block 1, Lot 14, Block 2, Lot 3, Block 1 and Lot 13, Block 2 do not meet the minimum street frontage; City Engineer, Gary Smith's opinion of a flag lot is one with an allowed 30 foot frontage, of which these lots are not, therefor they should be 80 foot frontages with compliance with the R-4 zone. 13. It was also commented by Gene Smith that the sewer easement that passes through the property should not be fenced into FINDINGS OF FACT & CONCLUSIONS OF LAW page 3 RUNNING BROOK ESTATES, INC./FIRELIGHT • the backyards of the adjacent lots. 14. That the landscape easement on Ten Mile Road is outside of the proposed right of way so it is proposed that each individual lot has a landscape easement to handle sidewalk, curb, and gutter and that those items would be addressed in the Homeowners' Association CC&R's to be each individuals responsiblity for maintaining. 15. That the Developer would initially landscape but make it each homeowners responsibility to maintain. 16. City Engineer, Gary Smith, testified as to the landscaping issue with regards to the subdivisions responsibility to provide a buffer between the lots and the roadway as well as a side buffer to avoid any problems as to the future expansion of Ten Mile. 17. That the Nine Mile Drain, which courses along the south side of this property, is a Nampa & Meridian Irrigation District/Federal Government drain ditch. N & M Irrigation District claims 50 feet from the center of the drain. Any encroachment within this 50 foot right-of-way must be under a written agreement. 18. The Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation District, City Engineer, Bureau of Reclamation City Police Department, Idaho Power, Settlers Irrigation District, Meridian School District, Ada County Street Name Committee and City Fire Department did submit comments and such are incorporated herein as if set forth in full; that the Ada County Highway District may submit comments and if it does those FINDINGS OF FACT & CONCLUSIONS OF LAW Page 4 RUNNING BROOK ESTATES, INC./FIRELIGHT comments will be, and are, incorporated herein as if set forth in full. 19. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 20. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 21. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 22. That the property can be physically serviced with City water and sewer. 23. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows:. (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 24. That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 5 RUNNING BROOK ESTATES, INC./FIRELIGHT "Support a variety of residential categories (urban, rural, single-family, multi-family, townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 25. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 26. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 27. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development. of housing for all income groups close to employment and .shopping centers should be encouraged." 28. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian and economic conditions are making it difficult to continue farming in the area. FINDINGS OF FACT & CONCLUSIONS OF LAW page 6 RUNNING BROOK ESTATES, INC./FIRELIGHT 29. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 30. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 31. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the neighborhood schools; the School District asked for support for a development fee or a transfer fee to help offset the costs of building additional schools. 32. That in 1992 the Idaho State Legislature passed amendments to the Local, Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; FINDINGS OF FACT ~ CONCLUSIONS OF LAW Page 7 RUNNING BROOK ESTATES, INC./FIRELIGHT • r that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 33. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 34. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 35. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential FINDINGS OF FACT & CONCLUSIONS OF LAW Page 8 RUNNING BROOK ESTATES, INC./FIRELIGHT • properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 36. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;." 37. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as ut~.lity easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad. rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 38. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The FINDINGS OF FACT & CONCLUSIONS OF LAW Page 9 RUNNING BROOK ESTATES, INC./FIRELIGHT Commission and Planning and Zoning Commission shall consider the Bicycle Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reva.ewing bicycle and pedestrian pathway provisions within developments. 38. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 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 of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of FINDINGS OF FACT & CONCLUSIONS OF LAW Page 10 RUNNING BROOK ESTATES, INC./FIRELIGHT government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G. , H 2, K, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of FINDINGS OF FACT & CONCLUSIONS OF LAW Page 11 RUNNING BROOK ESTATES, INC./FIRELIGHT adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if "the requirements of this paragraph are not met. The development agreement shall also address the landscaping along Ten Mile Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT ~ CONCLUSIONS OF LAW Page 12 RUNNING BROOK ESTATES, INC./FIRELIGHT a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant•shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2, K, L and the comments of the Planning Director, Wayne Forrey; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met. 15. That these conditions shall run with the land and bind FINDINGS OF FACT & CONCLUSIONS OF LAW Page 13 RUNNING BROOK ESTATES, INC./FIRELIGHT the applicant, the titled owners, and their assigns. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are net met the property shall be subject to~de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER VOTED COMMISSIONER ROUNTREE VOTED COMMISSIONER SHEARER VOTED COMMISSIONER ALIDJANI VOTED CHAIRMAN JOHNSON (TIE BREAKER) VOTED DECISION AND RECOMMENDATION The Meridian Planning and Zoning Commission hereby recommends to the City Planning and Zoning Commission of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of .Law and that the ~~ Applicant and owners be specifically required to the all ditches, canals and waterways and install a pressurized irrigation system as FINDINGS OF FACT & CONCLUSIONS OF LAW Page 14 RUNNING BROOK ESTATES, INC./FIRELIGHT i . ~ ~ • a i~ conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de-annexed. MOTION: APPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING SROOR ESTATES, INC./FIRELIGHT DISAPPROVED: Page 15 ~ ~ • MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12, 1994 APPLICANT: RUNNING BROOK ESTATES INC. AND AGENDA ITEM NUMBER: 7 HUBBIE ENGINEERING REQUEST: ANNEXATION/ ZONING AND PRELIMINARY PLAT FOR FIRE LIGHT ESTATES A ENCY COMMENTS CITY CLERK: CITY EINGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: SEE ATTACHED COMMENTS IDAHO POWER: SEE ATTACHED COMMENTS US WEST: tNTERMOUNTAiN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS OTHER: ~ 1 • • HUB OFTREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF 1VI~RIDIAN GARY 0. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 3~ EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chiel WAYNE G. CROOKSTON, JR., Attorney Phone (206) 888-4433 • FAX (208) 887813 Public WorkslBuilding Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MA%YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning TRANSMITTAL TO AGENCIES FOUR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MFR[DIAN To insure that your comments and recommendations will be considered by the Meridian Planning S< Zoning Commission, may we have your answer by: Aaril 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inca and Hubble Engineering LOCATION OF PROPERTY OR PRO.iECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) LI.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / _~ OTHER: YOURCONCISE REM _C`~ ~~ i~:~4 i ~ t~ij,t°t ~3F 1~~~~~~f~ Q ~~ ' • S~RINTENDENT OF SCHOOLS Bob L. Haley OR EXCEL DEPUTY SUPERINTENDENT ~~ Dan Mabe, Finance 8~ Administration Z~ DIRECTORS ~~~-~~~ 1 ~ Sheryl Belknap, Elementary ~` Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 ~1 911 MERIDIAN STREET • MERIDIAN,IDAH083642 PHONE(208)888-6701 March 14, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Fire Light Estates Subdivision Dear Councilmen: I have reviewed the application for Fire Light Estates and find that it includes approximately 27 homes at the median value of $140,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 9 elementary aged children, 8 middle school aged children, and 10 senior high aged students. At the present time Linder Elementary is at 134 of capacity, Meridian Middle School is at 126$ of capacity and Meridian High School is at 123$ of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Gl/r~~2 Dan Mabe Deputy Superintendent DM:gr • • SUBDIVISION EVALUATION SHEET Proposed Development Name FIRE LIGHT ESTATES City ME~~~I~~ Date Reviewed 3/24194 Preliminary Stage XXXXX ~ Final ~QR 3 ~ ~~~~ CITY i~F ~~~E,~i~~r~f~ Engineer/Developer Hubble Engr !Running Brook Estates Inc. The following SUBDIVISION NAME is approved by the Ada County Engineer or h' esignee per the requirements of the IDAHO STATE CODE. Fll?~s~b Ht i s O>~ wv~ed ANV ~ s A/P/tvv~?~ ,as GWC wo,2o S F~2~+~ur Esz~4tas Date The Street name comments listed below are made by the m rs of the ADA COU TY STREET NAME COMMITTEE (under direction of the Ada C ty Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. `~~ The following existing street names shall aooear on the olat as: F+~' "N TEN MILE ROAD" "W. USTICK ROAD" "W SWEETBRIER STREET" "N SAINFOIN WAY" The following ~ronosed street name is over ten letters in length and cannot be a~oroved unless Ada County Highway District will verify in writing that the street name will fit on a sign: "W FIRE LIGHT COURT" 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 ord r for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, N Y REP#t ENT TIVES OR DESIGNEES ,/ Ada County Engineer John Priester _ ' Date ,~~z~~¢ Ada Planning Assoc. Terri Raynor ~ ~. ~ ~~~ Date 3 a-`~ ~`f Meridian Fir District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~ 3 TR\SUBS\BOISE.FRM i f ~. ~~..<o~~: ~I ~ ~~ ~-~ -s ~ ,,~i~`s ~~ E i . ~~ ~~,~ ~'~ ~" ~ ~i o ~~~'!~ ~~ 1~~1~1~ 4.•••s •e ••l44R 0 a __ ;~ ~~ ~ '^ Z~ W N a ,~ W 2 W Q W J W ~a~ ~~ o~ ~~~ wZ~ jW~ ~~ V ~a APR 07 '94 01~47PM CENTRAL DJ~TRICT H D _ P.3 CENTRAL •i DISTRlC7 plt'HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division RECEIVED Return toi ^ Boise ^ Eagle ^ Garden city Meridian ^ Kuna ^ ACZ Rezone # • Canditianal Use # Preliminary nal !Short Plat ~ ,r.-~_ I,.,:.r~ ~~~ CY~I `>f ~~ i~'iitiyYil'Iif~N ^ 1. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type•~of use must be provided before we can comment on this Proposal. ^ a. Wa wily require more data concerning spil wnditions on this Proposal before vre can comment [] 5. Before we can comment concerning individual sewage disposal. we will require more data concerning the depth of. ^ high seasonal ground water ^ solid lava from original grade ^ 6. We-can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet 7. After written approval from appropriate entities are submltted, we tan approve this proposal for: central sewage ^ comrthunity sewage system ^ community wader well ^ interim sewage central water ^ indivtdual sewage individual water 8. The folkswing plan(s) must be submitted:to and approved by the Idaho Department of Heath & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water sewage dry lines ~entral water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if ocher considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage .Regulations. ^ 12. We will require plans be submitted for ai plan review for any: ^ food establishment ^ swarming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. of r~rmv~fo,- d.nn~=°mlBnlt ~y~e: ik+em Bti811 iTOt. dwg~sid~ Date: ~~ ~3!'+~r rsuat i t~_ PI ana i~hnl 1 1tiA rav;.avo.•i a,~, Reviewed By: ~Rnrove!d by viii ch E+ver~ z~~~nr-,~ ; et a rn i a P ACHD. Ada County or ID4fR,~ LDIf11 Ifi!!I rtb, m. IIl4l • • HUB OF TREASURE VALLEY OFFICIALS ~~~~~~~O~IL MEMBERS A Good Place to Live RONALD R. TOLSMA WILLIAMG.BERG.JR.,CityClerk CITY OF MERIDIAN Q XYERRINGTDN JANICE L. GASS, City Treasurer ~/ MAR 2 ~ 1s~~ERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Sup!. 33 EAST IDAHO CITY ~ j' 1~ j j,11I~TILES KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO $3642 - Planner & Zoning Administrator W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888~4~ 3 • FAX (208) 887813,._ ~ ~ ~~~® Chairman • Planning & Zoning Public WorkslBeufdin Department (208) 887-2 ~(~U.ll° GRANT P. KINGSFORD Mayor ~ ~ ~'~ k' ~ 199~t NAMPA & C<AERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~~~~~PROJECTS WITH THE C[TY OF MERIDI~,N To insure that your comments and recommendations will be considered by the Meridian P!Mnni~~ >~ ?o'r~i~~ O+~rnn±is~inn, may, w? ha~~Q -your ans~Ner b~~. April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc. and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z RDA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SEl?LERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT] WALT MORROW, C/C U_S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C IIoITERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT e'sUREhU OF RECLAI1jiATiON(PRELItv1 aFINAL FLAT} SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOURCQNCISE REMARKS: The Ninemile Drain which POLICE DEPARTMENT courses along the south side of this property is a CITY ATTORNEY Nampa & Meridian Irrigation District/Federal Govern- CITY ENGINEER went drain ditch. Nampa & Meridian Irrigation District CITY PLANNER claims 50 feet from the center of the drain. Any encroachment within this 50 foot rg~.ht-of-way must be under a written agreement. The Bureau of Reclamation ma y require a similar agreement. For this agreement contact John CaYwood Bureau of Reclamation. 334-1463 or at 214 Broadway Avenue ~n Bo'Se Bill Henson, Foreman Nampa & Meridian Irrigation District • SETTLERS' IRRIGATION DISTRICT P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 RECEI~,IED MAR 2 1 1994 CITY ~~ ~~ivzi,iuil~l~ Mazch 18, 1994 City of Meridian Planning & Zoning 33 East Idaho Meridian, Idaho 83642 Re: Fire Light Estates To Whom It May Concern: We have received and reviewed the plans for the above referenced subdivision. Since it does lie within the Settlers Irrigation District, the developer will be required to provide a pressurized irrigation system so that the homeowners might access their irrigation water. Settlers will not accept any drainage into it's system from the subdivision. If you have any questions regarding this, please phone me at 343-5271. Sincerely, Troy . Upshaw, Manager Settlers Irrigation District James E. Holden, P.E., Hubble Engineers TLU/vrk . • • OFFICIALS HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO iV1ERIDIAN, IDAHO 83642 Phone (208) 888-1433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 WILLIAM G. BERG, JR.. City Clerk JANIGE L GASS, City Treasurer GARY D. SMIiH, P.E. City Engineer BRUCE D. STUART. Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W 00WERS. Fire Chiet W.L. "BILL" GORDON, PoGCe Chiel WAYNE G. CROOKSTON, JR., Attorney GRANT P. RINGSFORD Mayor COUNCIL MEMBERS RONALD R TOLSMA MA% YERRINGTON ROBERT 0. CORRIE WALT W. MORROW RI STILES : 7,,,, ,r:..:. S ._'':.. _,_~ . , :: planttei, mg Atlmlmstrator JIM JOHNSON - ~ ~ Chauman - Planning d Zoning ~:: '~ \ ~ 'I'R~1NSIIITTAL TO AGENCIES FOR C0~11111ENT5 ON DEVELOPIb[ENT PROJECTS ~'VITI-! THE C[TY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P!Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT /SIT\/ nTTP'\f~•IP"\/ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a pern)anent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private usej ~= '!~~~+"=~~~+ ~' cAlF.1 ~ ~ '+'i'#"; PfZ ~I.i.rt ~a ~~wr::w r~j',r~i , ~.a+c' Tim Adams --,~ ~~: ;,~..» .- Idaho Power 322-2047 . ~ • • ~ NT p /%PP~~~y~ United States Department of the Interior I ~ - __ 1m `~^ .._ %o ll/ BUREAU OF RECLAMATION ~~;gq••r•- \ a/ CENTRAL SNAKE PROJECTS OFFICE " s 2l4 BROADWAY AVENUE BOISE, IDAHU 83702-7298 IY REPLY REFER T0: CSPO-424 March 30, 1994 LND-1.00 Mr. Wayne Forrey Meridian P&Z Commission City of Meridian 33 East Idaho Ave Meridian ID 83642 ^ T~~ ~ ~~ ~~A+~ t~ '-3 " ~~ ~~ Subject: Review of Fire Light Estates Subdivision Preliminary Plat Dear Mr. Forrey: The United States' Nine Mile Drain right of way is correctly dimensioned and labeled on this subdivision plat. We support this development's approval. Please call John Caywood (ph. 334-1463) if we can be of further assistance. Sincerely, ;~ ~' `'~ J~errold D. Greg `fProject Superintendent cc: Nampa Meridian Irrigation District • • .~~~R Or TREASURE VALLEY OFFICIALS A GOOd PIaCe IO LIVC COUNCIL MEMBERS RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE 0. STUART, Water Works Supt. S 33 EAST IDAHO SHARI STILES upt. JOHN T. SHAWCROFT, Waste Water Planner 8 zoning Administrator KENNY W. BOWERS, Fire Chief IDAHO 8302 MERIDIAN W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888-4433 • FAX (208) 887813 JIM JOHNSON Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM APRIL 9, 1994 TO; MAYOR, CITY COUNCIL, P NING AND ZONING FROM; Gary D. Smith, PE , RE; FIRE LIGHT ESTATES SUBD. I have reviewed this submittal and have the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The property is adjacent to existing city limit boundary and the legal description does include the adjacent portion of N.Ten Mile Road. 2. The frontage of Lot 2-Block 1; Lot 14-Block 2; Lot 3-Block 1; and Lot 13-Block 2 needs to be 80 feet. Lot 2 & 14 are not culdesac lots and do not have the configuration of a "flag" lot. 3 . Verify that Lot 4 and 17-Block 2 have 8, 000 square feet of area. 4. Correct the side lot dimension of Lot 17-Block 2. 5 . Lots 10-13 , Block 2 don't have 8 , 000 square feet of usable area when the 15 foot landscape easement is deducted. Will a fence be built in the landscape easement shown? 6. Sanitary sewer service to this project is subject to construction of Englewood Creek Subd. If Englewood Cr. is not built this project will need to sewer to the interceptor paralleling Nine Mile Creek. 7. Sewer and water lines need to maintain a 10 foot horizontal clearance. Some adjustment will need to be made on Sainfoin Way. 8. Three (3) street lights are required. The entrance light shall be minimum of 200 watt. 9. The existing sewer interceptor along Nine Mile Creek must not be fenced into the backyards. Any backyard fencing should be placed on the easement line. l0. Submit approval from Ada County for street names and -~- • • subdivision name. 11. Show the referenced benchmark for the contour lines. 12. This project will be in a Zone AE flood area unless the culvert carrying Nine Mile Creek under Ustick Road is .replaced with .~ one that will pass the 100 year flood. 13. The highest seasonal groundwater elevation needs to be established to assist builders in setting the bottom of footing one foot above that lwel. • HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste Water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Pollce Chiet WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-0433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: April 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc.. and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8t FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • '`' `~ RUBBLE ENGINEERING, INC. `9 y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 February 11, 1994 City of Meridian Engineering Department 33 E. Idaho Meridian, Idaho 83642 RE: Fire Light Estates Rezone and Preliminary Plat Attached are 30 sets of a request for zoning change, request for annexations to the City of Meridian, and preliminary plat application for your review and approval. Included in the application are the following: 1. Request for Subdivision Approval, Preliminary Plat, Planning and Zoning Commission 2. Application for Annexation Approval & Rezone 3. Vicinity Map (Scale: 1" = 800') 4. Zoning Map (Scale: 1" = 300') 5. Legal description 6. Site Plan (8 1/2" x 11") 7. Proof of proprietary interest 8. Preliminary Plat (24" x 36") In addition, we have included a list of property owners within 300'. If you should have any questions regarding this application, please call me at your earliest convenience. Sincerely, e. ~~ James E. Holden, P.E. Attachments as noted cc: Steve Anderson (2) JEI=i/mf/913.1tr REQUEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING ANU ZONING COMMISSION TIME TABLE FOR SUBMISSION: ' A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission rill hear the request at the monthly meeting following the month the request Mas made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures .and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission, action. GENERAL INFORMATION 1. Name of Annexation end Subdivision. Fire Li~h_t _ .:,Estates 2. General Location. NEB of Section 3, T3N, R1W, BM.Ada County 3. Orners of record, Ann E. Crawford 3095 N. Ten Mile"Rd. Address, Meridian, ID . Zip83642 Telephone 883-3725 -'£640 S. Maple rove 9. Applicant, Running Brooks Estates InaAddress, Boise, ID 83709 5. Engineer, James E. Holden, P.E. Firm Hubble Engineering, Inc. 9550 Bethel Court Address_ Boise In . Zip 83709 Telephone 322-8992 6. Name end address to receive City billings: Name Runnine _ , 1434 N. Meridian Rd. _Bxostk Estates, Iylaidress Meridian, ID 83642 Telephone 888-1375 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 8.14 4. *Running Brook Estates, Inc. An Idaho Corporation 2. Number of lots 27 Glen Johnson, President Steve Anderson 3. Lots per acre 3.3. ~, Density per acre 3.3. S. Zoning Classif ieation ~ ~ ) R-4 • 6. If the proposed subdivision is outside the !leridian City Limits but within the ~urisdietional •ile, what is the existing zoning classi station RT 7. Does the plat border • potential preen belt No 6. Have recreational essements been provided for No 9. Are there proposed recreational amenities to the City No Explain • 10. Are there proposed dedications of common areas? No Explain For future parks? No Explain 11~. Mhat school t s ) service the area Meridian do you propose any agreements for future school sites No Explain 12. Other proposed amenities to the City X Mater Supply x Fire Department Sanitary Sewer Other _ . Explain 13. Type of Building (Residential, Commercial, Industrial or combination) __ .Residential 19. Type of Dwelling(s) Single Fa~,ily, Duplexes, ?fultiplexes, other _ _ _ Single Family 15. Proposed Development features: a. !linimum square footage of lot(s), 8,000 b. ?linimum square footage of structurets) 1,500 c. Are garages provides for, YeS square footage 576 d. Are other coverings provided for NO e. Landscaping has been provided for YeS Describe 15' landscaping easement on the west side of Ten Mile Road. t2) • t. Trees will be provided Sor No Trees will be waintained . g. Sprinkler systers are provided for No h. Are there multiple units No Type remarks i. Are there special set back requirements Yes Explain Setback for Lot 14, Block 2 is 33' ~. Has off street parking been provided for No . Explain k. -Value range ~f property $115,000 to $165.000 1. Type of financing for development Standard m. Protective covenants were submitted No .Date - 16. DoeE the proposal land lock other property No Does it create Enclaves No STATEMENTS OF CO?IPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and ?leridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks rill be five t5) feet in ridth. 2. Proposed use is in conformance rith the City of ?leridian Comprehensive Plan. 3. Development rill connect to City services. 9. Development rill comply with City Ordinances. 5. Preliminary Plat rill include all appropriate easements. 6. Street names must not conflict with City grid system. t3) JAN-14-1994 17 11 FROM CITY OF MERIDIAN TO 3780329 P.01 • w 3 APPLIATION FOR ANNEXATION APPROVAL & ZONING OR REZONE M88IDTAN PLANNING AND ZONING COMMxSSXON FILING INFORMATION I. GENERAL INFORMATION f'i're L i L1 f Est4 fey (PROPOSED N S OF SUBDYVx$ION) 111E ~l~ off' .~cfon 3, T'3i1l, R~4~, Bk1- .4dg Cm~„t~ (GENERAL LOCA"!'XON } ~ r~ _Affac~cr~ (LEGAL DE8C8xPTI0N -ATTACH IF LENGTHY) :~ 1 t firth ~'• Craw~~ _ _ SS$ - 3 ~2 S (OWNFsR(S) OF RECORD} (NAME) (T$LEPHONE N0.} 309SX. T~ .Gli !~ .~"e~. ~1er'~diarJ . !I> (ADDRFSS~ iQu.~nJr19Bi~oo~eE.~sfa "s, /•~. .~~l~ah Sl~.sso.~, items. ~ n !c!o ~ o CorPB~•~fl®~? SfetJe s4-.~a~c~'sd~l 888'! 37S' (APPLICANT) (NAME) {TELEPHONE N0.) 1434 ~i/• ~le~,ic~!at 1e~•~Mcr~cl:an , /~ SjG4Z (ADDRESS} Q/9'1 L°.S ~i ~pl~~ P~ ~L1~701C ~I9g % N eGI"iN 9~ lI~1C. ( ENC~INF3ER ~ SURVEYOR OR PLANNER) (NAME) {'Y'8L8I'HONB NO . ) 954. BE,~`!x/ ~Qc1rt Bdt'se, /O 837a~ 32z-8`~Z - (ADfl~s s } f~c~4 ~n fy ~~ GD~~ m~ Me~rid: ark (JURISDICTION ($) REQUIRING APPROVAL) (TYPE F 9UBDIVISI N - RE3ID8NTIAL, COI~HRCIAL, INDUSTRIAL} 8• J¢' ACBI{S 0~' LAND IN CONTIGUOUS c OWN$RSHIP. (ACCI~PTBD BY s) -__- _ (F8E 1 \. . ~\ WEST USTI~ROAD ~~ V40~9D ~'~ 3s ~ z n ~~ ~J i '~'~/ I ~~~~~~ /SITE R~ 0 x W a H z w H RT R8 P~~ c~N~~ 94 _~, 0 9 ~ Q { 6 __~ 2 3 14 s. s Yr SiM~F:TB~f+ ST. 4 13 4 ' 2 I o~~~ e s IZ ~ JOUST ~ I Is ~ ~ ~ 2 `7 j Q 11 IC °I I ~. W 8 rn 2 W 3 ~ ; ~ a O = 3 36 w ~ 10 = 3 (, N©L LI~~1 9 `J F- s i e s= a 9 I a s B~ e )z W. .:AVENNURST S'' E 7 8 I 9 10 ' . II , 12 i3 14 .3 !6 17 ~1 ~ IS I 6 171• 18 :9 ZV 21 22 23 24 25 ... .3 1z. , , P R W 0 W. MIRO.GE CT. W. ilELOSTREAM DR ,2 12 II W , 9 8 n M A n S R~WCC 9 2~ 3 N 2 ~ 2 ~~ 4 3 6 'J ~ ~ ... /b' F',;AM r, ~ S'RE M 3T. J ., ;. `,`~ ENGIpF~9 ;RUBBLE ENGINEERING, INC. ~ ~ y 8550 BsM•I Court • Boias, Idaho 63709 • 208/3228982 9~~ OP SURVE+ ZONING MAP Scale: 1"=300' ~ ~ ~r~pl~gg.;~ ~ i~~i~~~~6~~ ~!! ~ ~+~ r N ~ ~ ,~ ~ ~ ~ 6 ~ ~ ~i ~~ ~~~~~~ ~ ~~~3r~, ~9 .~ ~~~~~I~r~ ~ ' ~ ~ ~~ ~1 ~~ rl G~ s a e ib p6 ~~~~~~~~bi ~~7~9ES =iT$~ •~ ~~~ i m a~ M } ~ ~ ~~ ~~ ~_ W 2 Q ~"' W F... J W ~' . L~ ~~~ ~~~ ~~~ i N~~ CC ~~ V W""° ~ `\\ ~11 ~ RT • 0 ,~ RT RT :-___- i! !• RT RT SITE :1= i<+ ,, ~ ~ ~,~ ~:. 3 ' .:~ ,; i ' ji i. ' It'!li'~i I( i•litl t eiiEili:ii 'li~iil, ' jj~~~ ;idle :; f t +) III tii ~ I!t l~~~ili? i !illi'fi~~l~ 1 I ii'iit=I,jll ili i I•'i i i ! .t! I~ j~'I ~i i1i~fi I i i j+ ;~ '!'lii:+ } ;1 ~~ + ;1 EE,+i +t 1 t! : I ~: i i ;: Iltl+ i ~i ~l~i?+ ;~ I li ti , ~ ,~.I f., :a It i I ! I `i :ii t !It '~ I ? {'#:•!i 1 i ~. +! t ! ' ' i ii:.i i,I~ Iir i~lli}i i Ij! 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' + I '• ! !,. !i '' ;ai!~ .i + ~: i ;i i~ ~ ~ al'•i't 7I1}li • ,`~ ENGIp f~ ~ ~" ' ' ~ 0 ~: ' ~ ~' ~ ~' + ' +!; ;' ! ? , + ~ ~ `~ q'" NUBBLE ENGINEERING, INC. RT ~' 1i '~ t~ , : I ~ ~ , ' a ; I ° : ! , , i/1~ i i~ `. ~ y 9550 8stlrol Court • Boise. Idaho 53708 • 209;3229992 R1 t ~ ~ i a I :i , + l i ~ ~ . I ~ i' ~ ~ ~ i V~(Y ! '~~ SUHVE~~P i , 1i,, jj i i,l a ii Ali' 1+i~~9 '±~ili+ 1+I?il! fi,;i I'~I!ii ~~ 1 ~~~:~~ ~ ~i; ;~f VICILVITY MAP `i .~!l~i~l~l~; + e., i I'I~iI,I:J~~'! '! ' ~! Scale: 1"=1300' 1.,,' • . f~ r,~ ; ~ _ 8 ~ 3 116 87403 1 Wra~{R.~N'I'Y DEED Por Value Receives JACK A. CHARTERS A\D DIA\A LY::::E C}:.'+RTEP,S, HI;SBAND A:<D FIFE the grantors , do hereby grant, bargain, sell and convey unto A`N E. CP,A1.'PORD, AN UNMARRIED PERSON the grantee ,whose curreaL address is 3095 ::OATH TEN MILE ROAD, *:ERIDIA\, ID 836x2 the following described premises, in ads County Idaho, to-wit: AN IRP.EGULAR TRACT OF LAND LYI::G I:i LOT 1, SECTION 3, T04.'tiSHIP 3 ::OP.TH, RAGE 1 WEST, BOISE 2iERIDIAV, ADA COUNTY, IDAHO, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 0°7' EAST 25;.75 FEET FROv THE COP.:<ER STO::E OF THE NORTHEAST COR\ER OF THE NORTH EAST '•t OF SECTION 3, TOM?~S?iIP 3 \OP.TH, RASGE 1 i,'EST, BOISE MERIDIAN; THENCE C05TINL'I::C SCUTH 0°7' EAST 1054.:5 FEET; lY.E*:CE SOUTH 89°52' WFST 56 FEET; THENCE NORTH 56°8' WEST 100 FEET; TH~CE NOI:TH 33°32' WEST 305 FEET; TdENCE NORTH 47°25'EAST L44.20 FEET; T'riENCE NORTH 0°7' EAST 25.22 FEET; 'IHE:ZCE SOUTH 89°53' EAST 255.75 FEET TO THE ?OIST AND PLACE OF EEGI::\ItiG. EXCEPTING THAT PORTION OF THE NA:>pA A::D ?IERIDLAN IP~IGATION DISTRICT DRAICAvE RIGHT OF A'AY, AND RIGHT OF WAY FOR \OP.TH T.:: ~!ILE ROAD. ,n ~ Ada County. Idaho. t! Request of _SAFEC(1 TITLE ;ItdE/~; 3,/J/9 M DATE ~ ~~ 8, JO' B S IDA *e'^H.S LEA 9E':NG RE-RECORDr'9 :'0 CC? _:^_ :.r^GAL D :: ~_ _?^_:G!': ocrnonco TO RAVE AND TO HOLD the said premises, with their appurtersncea unto tbo esid Grantee her heirs and assigns forecer. And the said Grantors do hereby covenant to and with the said Grantee ,that theF are the owner in fee simple of said premises; that they are free from all incumbrances except curzen: :ears taxes, rights of ~:a}•, easements, zestrictiuns, i reservations and irrigation assess~zats. and that they will warrant and defend :he same from all lawful claims whatsoever. Dated: JUNE 17, 1987 ~ O ~ CK A. CHARTERS DIANA LY\NE C TEAS ~.~ i •. 1 :~ : c } ss Ce„ln+1p~ HimA ~ ~ , v :°„Qri }his ~}-~ ~ ~ dapof JU'~E In tht YrfEa9:- B7 be megl jcotary Public, prrarra::..ppeared ~ JAI`,1Nt ~cy,~',~ril DIANA LY:~'tiE ! =' =HERS ~~ 1 knui4p ryr ntiGed w me'o.5e the perwn who.e naa+: $ ARE sub.eritleQ t~hlfw[hin S:rtirumcm, and ackno~lydFe_ :e me that thty eaecured•the~satiie. I l~L) ~ Ao r P°hie Rr i me nr $G 1,$c lJgno t COMM. EXPIRES ~ i-~E-~s STATE OF IDAHO, COL'\TY OF L~-up`'• I hereby eertit~ that thin inatrtrment was filed for record at the regneat ct SAFECO TIi~ at C~Q minates past ^^~! o'clock PM., thiA / 8~ dey of ~(.(~(~Q~ , 19 is my office, sad duly recorded i ook of Deeds at Ptae • JOHN BA~TtL'SA Ez-0flseio Recorder~/~~~, gy_ "~"'~ Depnty. Fees = Mail to:~ z a C+1 x z 0 !C'1~1~~ ~ ~~ . ~ 7 "~ 't) ~~~, n t) in .~, Dmm~t~~r~ DiiZR1C;;s C~~~ _R ~ 'j 0 5~~;=~ Lry '~ ~ ., T';1 -~ ~Zyr'v) ~~~n~ 'r1 , • - ; 7>~~.~ v~rn »'tJ ~1!' T ''s O -; A (7 f~1. ~ i~ . ~~ • h ..~ • , • REAL ESTATE SALES AGREEMENT . Between: ANN E. CRAWFORD, A SINGLE WOMAN, SELLER, and [~[ '• t ~ .. ..~. 1/ ~ • ~ 1`~,' 7 -._._.~~, .r...-- RUNNING BROOK ESTATES, INC.,. AN IDAHO CORPORATION, BUYER: THIS REAL ESTATE SALES AGREEMENT, made and entered into this 27tt~day of JULY, 1993, by and between ANN E. CRAWFORD, A SINGLE WOMAN, of 3095 N. TEN MILE RD. MERIDIAN, IDAHO 83642, the party of the first part, and hereinafter- referred tv as the "Se11er;'•~~and RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION, of 2460 S. MAPLE GROVE, BOISE, IDAHO 83709 the party of the second part, hereinafter referred to as the "Buyer," .. W I T N E S S E T H That for and in consideration of the sum .of• TWENTY-TWO THOUSAND DOLLARS ($22,000.00), being the~down~paymex~•t•hereinafter mentioned, in hand paid by the•Buyer,• the receipt whereof is hereby acknowledged by the Seller, and of the covenants and agreements herein contained to be kept and performed by the parties hereto, and of the payments to be made by the Buyer to the Seller, IT IS HEREBY COVENANTED AND AGREED by and between the parties hereto as follows: .~. I. The Seller hereby agrees to sell ,to :~h~ "Buyer.'. and' ahe Buyer covenants and agrees to buy from the Selker,~~th~e~real property of the Seller situated in or near the City,.of.MERIDIAN,.IDAHO,.County of ADA, State of IDAHO, commonly referred to as 309.5 N. TEN MILE RD. MERIDIAN, IDAHO 83642, and more particularly. described as follows, to-wit: ~ ~ :'. , An irregular tract of land lying in Lot 1, Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point South 0 Degrees 7 Minutes East 255.75 feet from the corner stone of the Northeast corner of the. Northeast 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian; thence continuing South 0 Degrees •7 Minutes, East 105x.25 Feet; • ~ thence thence thence thence thence thence and PIS South North North North North South ACE OF 89 Degrees 56 Degrees 33 Degrees 47 Degrees 0 Degrees 89 Degrees BEGINNING. 52 Minutes West 56 feet;' ~ . 8 Minutes West 100. feet; ~: 32 Minutes West 808 feet; '' 25 Minutes East 4:44.20 feet;: ••• ~ Minutes East 25..22 feet:; • 53 Minutes East 255.T5 feet~~to the point EXCEPTING that portion of the Nampa and Meridian Irrigation District drainage right of way, and right of way for N. Ten Mile Road. Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or ~.n`•,anyw~tse~ appertaining, including, but not limited to, all water rights, :d itches and ditch rights; BUT, SUBJECT TO all reservations in patents from the United States of America or in deeds from the State of Idaho to said described premises, and SUBJECT TO all taxes •~and..~'assessments levied and assessed or to be levied and assessed against said described premises. for the present calendar year and all years subsequent thereto, and SUBJECT TO all easements and rights of way visible upon said described premises or appearing of record in the office of the County Recorder of ADA County, Idaho. AND SUBJECT TO THAT CERTAIN DEED OF TRUST in favor of First Security Bank of Idaho, National Association dated June 18, 1987 in the Original principle amount of $108,000.00 and with Title and Trust Company as the Trustee and recorded as instrument number 8736117 Official Records of Ada County, Idaho and having a current and principle balance of approximately $103,720.38, and a second Deed of Trust in favor of Commercial- ire i~ orporation••in the original principle sum of $11,212.96 and dated February 2, 1993 and recorded as instrument numb r ~33'U8618 Official Records .of Ada County, Idaho, with the current principle balance -being approximately $10,027.59 and said encumbrances repayable in the approximate sum of $1,108.00 per month and $_254.04 per month, respectively. '-- _ -"' II. IT IS HEREBY COVENANTED AND AGREED by a'nd' between ~ ~the~ ~ :parties hereto that the purchase price of all of the property'here•inabove described as being sold by the Seller to the Buyer and being purchased from the Seller by the Buyer, is the sum~of ONE~.~HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($185,000.00)• lawful: money of the United States of America, together with monthly interest only payments in like money at the rate of THREE-HUNDRED FORTY .DOLLARS PER MONTH on the deferred balance of the purchase price, which the Seller agrees to sell for, and .the Buyer covenants and agrees to pay to the Seller, at the times and in the manner and in the installments as follows, to-wit: REAL ESTATE SALEB AGREEMENT - Page 2 ~.. ; . • • 1. The sum of TWENTY-TWO THOUSAND DOLLARS ($22,000.00) paid by the Buyer to the Seller, being the down payment hereinbefore mentioned the receipt of which is acknowledged by the signatures of Seller hereafter; 2 . The assumption and ~ payment •by• the buyer of the sum and amount of $103,720.38 owing and payable to First Security Bank of Idaho, N.A. as evidenced by a Deed of Trust dated June 18, 1987 and recorded as instrument number 8736117 Official Records of Ada County, Idaho and the assumption and payment by the buyer of the approximate sum and amount of $10,027~.59•~payable.~to Commercial Credit Corporation as evidenced by a second'•Deed of~Trust dated February 3, 1993 and recorded as- instrument dumber •93086.18 Official Records of Ada County, Idaho, and said obligations~~repayable in monthly installments of $1,1 8 00 each and $254.04, respectively, and u~ and payable on the ~ day of each and every month and the ~~ day of each and every month,. respectively. 3. The sum of FORTY-NINE THOUSAND TWO HUNDRED FIFTY-TWO AND 03/100 DOLLARS ($49,252.03) hereinafter referred to as the. deferred • balance of the purchase price, shall be paid, in• fuTl; ~on or before ~ -~ August ~', .1994 . PROVIDED HOWEVER,' Buyer. may at• ~any;;.time; prior to the expiration of said TWELVE (12 ) MON.THS~ •pay ~~the ~t1:11 amount of \f, / the deferred balance without penalty • or,' ac)ditional : •interest CC thereon. 4 . The Buyer shall have the right, ••~at any time, to prepay all or any portion of the deferred balance .of the purchase price, although the date for payment thereof shall not.have•,arrived, and the interest on any portion of the purchase price which•sha.ll be prepaid shall cease to accrue at the time of the applicable prepayment. 5. The buyer has the right, at any time, to sell the principle residence located upon the subject property without prepayment of the deferred balance of the purchase price, and further, it is the buyer's intent to make application for subdivision of the subject property to.the city of Meridian and the seller shall join in said application, execute any.• and all instruments necessary for any such application:,. pez-mit br other instrument necessary to implement and facilitate sa.~d.use. III. •. The Buyer shall be entitled to possession of the premises and property hereinbefore described coincidentally with the signing of this agreement. The Buyers shall be entitled to maintain such possession so long as they shall comply with the terms and conditions of this agreement. IV. REAL ESTATE SALES AGREEMENT - Page 3 • • All taxes and assessments levied and as'ssssed~ on said described property for the present calendar year shall be prorated between the parties as of the date of this agreement, and the Seller shall pay all such taxes and assessments levied and assessed prior to the date of this agreenrerrt ••arrd ~contraat and' Kuper shall pay all such taxes and assessments levied and assessed thereafter. All taxes and assessments levied and assessed or to be levied and assessed on said described property from the date of this Contract and Agreement and thereafter, shall be paid by the Buyer as such taxes and assessments become due.and 'befoze.thsy become delinquent. In the event the Buyer shall .default.: in any pay~aent of any taxes or assessments which are to be paid•under the•:terms:hereof, then the Seller shall have the right, at Seller's option, to pay any such taxes and assessments that the. Buyer has allowed to become delinquent, and to add the amount thereof to the purchase price hereunder, and any such payment which shall be paid by the Seller shall be repaid to the Seller by the Buyer on demand and shall bear interest at the highest legal per annum interest rate pursuant to the Idaho Code from the time of the payment thereof by the Seller until repaid by the Buyer, or at Seller's option, the receipt for the payment thereof by the Selle,r• shall•be deposited with the escrow holder hereinafter named and 'by it,~~:added to the deferred balance of the purchase price.~~••~ ,• V. All improvements and additions which 'shall be..~made:. to said described real property by the Buyer skull -~b•ecome •~•: •part~ thereof and shall not be removed, unless the same can be removed without permanent and material damage to the said premises, and the premises shall be returned to a state and condition equal to its status prior to the improvement or addition made by Buyer. The Buyer shall not permit any materialmen's liens nor mechanics' liens to encumber any of said described premises.. - VI. IT IS UNDERSTOOD AND AGREED by and between the•~parties hereto that with reference to the character and ~•quality:•:of •the:~above described property, both real and personal, that 'the Buyer has made its own personal investigation of the same and in purchasing this property hereunder relies, and is solely relying upon the information acquired by it independent of .any representations of the Seller. VII. The Seller agrees to furnish to the Buyer title insurance covering said described premises, in the amount of ONE HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($185,000.00), the policy for which REAL ESTATE 8ALE8 AGREEMENT - Page ~ • •~ shall be obtained from SECURITY TITLE COMPANY OF BOISE, IDAHO authorized to issue Title Insurance in the County in which the real property is located. In this regard, the Seller agrees to obtain and furnish to the Buyer or its attorney within fifteen (I5) days from the day.and date hereof, a preliminary report for purposes of such title insurance policy. If, and in the.•evept, such preliminary report shall not commit said title insurance company to insure title to said described premiss without exception, excepting the standard exceptions of ~ ti.tl~e:; • •nsyra~c;e: ,policies furnished by such title insurance company, ~., and~:.excepting the reservations in patents or deeds hereinbefore. specified and the taxes and assessments, easements and rights~~of way hereinbefore specified, and standard exceptions of such.title•~irisuratt~e::company covering premises in ADA County, Idaho,.th~en.the~Buyer shall notify the Seller in writing of the particulars wherein such preliminary report shall not commit the said title insurance company to insure such title without exception (excepting the exceptions hereinbefore specified), and the Seller upon receiving such notification shall diligently undertake, and within the period of three (3) months thereafter, consummate such acts and proceedings as shall be requisite to cause the title insurance hereinbefore specified to be issued, insuring said title without exceptions, except the standard exceptions of the insurance company which shall issue such policy of title insurance and the standard exceptions•pla•ced iri policies of title insurance covering property in.ADA .County, Idaho, and excepting the reservations in patents or deeds- hereinbefore specified and the taxes and assessments, easements and rights of way hereinbefore specified. If, upon delivery of the preliminary .title report hereinbefore provided for, the Buyer shall n.ot make objections in writing thereto within thirty (30) days thereafter, or within thirty (30) days after the signing hereof, whichever is later, then the Buyer shall be conclusively presumed to have accepted such preliminary title report for the purposes of the title insurance policy to be issued thereon and to be made in conformity therewith. VIII. The SECURITY TITLE COMPANY OF BOISE, ~. ID~I-iO, shal•1 •bs, and is hereby appointed, escrow holder under the-terms of this agreement, and a copy of this agreement as further.impletirented by the escrow agreement attached hereto, marked Exhibit A and made a part hereof by this reference, shall be deposited with such escrow holder, and this agreement as implemented by said escrow agreement, Exhibit A, shall constitute the instructions to the escrow holder and shall define and prescribe the obligations of the escrow holder to the parties hereto. Coincident to the execution hereof, the Seller.shall make and execute a good and sufficient Warranty 'Deed:in.•fayor~of Buyer covering said described lands and shall depo.s~it: the`. cams; with the REAL ESTATE SALEB AGREEMENT - Page 5 ~ , • • escrow holder for delivery to Buyer upon completion of•the~terms hereof; and, likewise, the Buyer shall make. and execute a promissory note in favor of sellers along with a good and sufficient Bargain and Sale Deed in favor of the Seller, covering said described lands and shall. deposit the ,same with the escrow holder, and in the event the escrow herein created shall be terminated by reason of the default of the Buyer or for dny.other reason prior to full payment•by the Buyer, then such .Barggain and Sale Deed shall be delivered by the escrow holder~to. the. Seller. IT BEING SPECIFICALLY UNDERSTOOD by and •between the parties hereto that.. in. the event, and only in the event, of the Buyer's default after notice hereunder, that the' Seller shall,• for Seller's protection and future alienability of the said premises, be entitled to record such Bargain and Sale Deed and thereby resolve any question of adverse interest or cloud of title resulting from the execution of this contract. IX. •• ~ . The Buyer agrees that it will keep~the•residence hmtne and/or any other buildings on said described premises insured' against loss by fire in an amount equal to the full . insurable •valu~•, of such residence home and other buildings. Sikh insura~n~~co edhby the carried in an insurance company which shall'~k~e app. Seller. The insurance policy or policies representing• said insurance shall be deposited with the escrow holder herein named until the deferred balance of the purchase price and interest thereon shall eventlof loss, first tp1the,1Sellercas t atl nterest payable in the may appear and secondly to the Buyer. In the event of loss covered by an insurance policy to be maintained and kept hereunder, the party in possession of the property insured agrees to give immediate notice by maiand o each other party and shall make proof of loss promptly, insurance company which shall be concerned is hereby authorized and directed to make payment for such loss to 'the ;escrow holder, and the amount of such insurance proceeds•whrch'~the~.Se2~erlmed to entitled to receive shall at the option`of ~the'•Buyer be•$.pp reduce the outstanding bala storationeo rerepa it of lthe eproperty purchase price, or in the re _ . damaged. X. IT IS SPECIFICALLY UNDERSTOOD AND AGREED by and between the parties hereto that time is of the essence of this agreeaenentnof if the Buyer shall fail, refuse or neglect to make o n sh ~ fail, principal or interest as hereinabove specified, refuse or neglect to pay any taxes or assessments by them agreed to be paid before the mml bWithethel termsn.and con~Ii.tions lofnthis other particular to co p Y REAL ESTATE SALEB AGREEMENT - page 6 • ~.. agreement, and if such default or defaults shall'not~be removed by the Buyer within thirty (30) days after written notice~to the Buyer by the Seller specifying such default, then the whole unpaid balance of the purchase price',' with~•interest .thereon, shall immediately become due and payable at the option of the Seller, and the Seller may thereupon at Seller'' option enforce all rights hereunder, either by forfeiture of all of the rights of the Buyer hereunder, and all interest in said premises and property, or by an action in equity or at law for specific performance•,w•ith~damages, or for recovery of the purchase price with•interest,•and. nothing herein contained shall be construed as depriving the Seller of any legal or equitable right or remedy it may•have~ .in the premises. If the Seiler elects to declare a forfeiture by :reason: .of default•of the Buyer, then all rights and interest of 'the Buyer~'hereby:•granted or then existing in its favor in said property shall revert to and reinvest in the Seller, and the Seller shall retain unto itself all reasonable sums theretofore paid•to it as agreed liquidated damages and not as penalty, and as the reasonable value of the use and occupation of said property during the time possession and enjoyment thereof is retained by the Buyer under this contract. XI. This agreement and other documents refe.rred•to herein have been prepared by Alan G. Lance, Attorney at Law,~~who represent's:Buyer, and the Seller is hereby notified to seek.and•consult:wi~•h~his own legal counsel on every aspect of this transaction,~regardless•as to whether Buyer shall, by mutual agreement of the.~partes•e'1`sewhere, be required to pay any portion of the document preparation, escrow or closing costs. XII. In the event that either party shall be required to retain the services of an attorney to obtain performance of any obligation with respect to which the other party•,i•s i,n default under this agreement, the defaulting party agree5•to• pay the reasonable fees of such attorney~in obtaining perforinarice of any obligation by the defaulting party, whether';litigation bed.required or resorted to or not. . XIII. • Any notice required hereunder shall be ,complete uport•.mailing to that party at the address appearing herein or°at that address which may, from time to time, be provided to the escrow-holder or other party hereto. The parties shall notify the other of any alteration or change in address hereafter occurring. REAL ESTATE 8ALE8 AGREEMENT - Page 7 i • ~ .,~ •.. In the case of Seller: ANN E. CRAWFORD, A SINGLE WOMAN.. 3095 N. TEN MILE RD. MERIDIAN, IDAHO 83642 In the case of Buyer: .. RUNNING BROOK ESTATES, INC., AN IDAHO~,CORPORATION '.~~ 2460 S. MAPLE GROVE, BOISE, IDAHO 83709'.~.`•~~• : ~ .•., The covenants herein contained sha.11•~bind, •. and~~~the benefits and burdens hereof shall inure to,.each of.:~h~e partx~s:hQ~eto and their respective heirs, executors, persona`1 representatives, successors and assigns. .. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names all as of the day-and year herein first above written. SELLER: . ANN E. CRAWFORD, A SINGLE WOMAN, BY: ~ •••• ~~ ~• '. • E . CRAWFORD , A S I LE WOMAN ~ ~ ~ _" BUYER: RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION, BY: GLEN JOHNS , PRESIDENT • . ~ , .. .' . GEORGE DA, SE ETARY/TREASURER "• REAL ESTATE SALES AGREEMENT - Page 8 • STATE OF IDAHO ) Ss. County of Ada ) • On the 27ttt1ay of JULY, 1993, before me, the undersigned, a Notary Public in and for said State, personally . app,eared'. AP1N E. CRAWFORD, A SINGLE WOMAN, known to me to be ,.the persorr.,whose•name is subscribed to the within instrument, and acknowledged to, me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my .hz[nd aid affixed my official sg~~ the day and year in this certificate`~~first above Writtell.•~~`~~~ UN~~~,~~ o• y . s o ~• f rs ~ ~ ~ otary Public for Idaho ~, ~ 4 ~' Residing at Eagle, :ID J •^, .l`-,,-r:ti ! ~' :. My Commission Expires: , . 5-•10-98 .~- Q~.. •• f. • ~~ ,•• STATE OF IDAHO ) ss. County of Ada ) On the 27th day of JULY, 1993, before me, the undersigned, a Notary Public in and for said State, personally appeared RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION,.- through its duly authorized agents and officers, Glen Johnsonr President and George Lyda, its Secretary/Treasurer, and known to me to be the persons whose names are subscribed to the within instrument, and acknowled'ged'to me that they executed the same with the authority of the Corporation and in that capacity. appearing after-their respective names. IN WITNESS WHEREOF, I have hereunto set my hand: and affixed my official seal the day and year in this certificate first' above written .~~~~,~ ~,,,,,,,,,~~~ •`• ~ 'aaosooava .IJ iii • `' • ~~ ~' 0 r {rte `~~~ f. ,. ~ • J v .-• ~ ~~ps• ~ ~ ~ otary Publ c for Idaho Residing at ~~giP r~ • n M1 " -"~^- 5-10-98 •":. ~~ ~~f UT%'-~•C~ti'" O ; My Commission Expires: ,,, REAL EBTAR~~'"8ltL'~8 AGREEMENT - Page 9 ; i~ MEMORANDUM OF CONTRACT OF SALE NAME OF SELLER: ANN E. CRAWFORD, A SINGLE WOMAN OF: 3095 N. TEN MILE RD. .MERIDIAN, IDAHO 83642 AND ~ ~ ~ . NAME OF BUYER: RUNNING BROOK ESTATES ,.'INC., AN IDAHO CORPORATION ~ ~ ~ • OF: 2460 S. MAPLE GROVE, BOISE, IDAHO 83709 LEGAL DESCRIPTION OF PROPERTY: An irregular tract of land lying in Lot 1, Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point South 0 Degrees .7~ Minutes .East 255.75 feet from the corner stone of the Northeast:corner'of~the Northeast 1/4 of Section 3, Township 3 North, Range 1~~West, ,Bo.ise.Meridian; thence continuing South 0 Degrees 7 MinutesEast .1054.25 Feet; thence South 89 Degrees 52 Minutes West '56. ~ feet; - .~ thence North 56 Degrees 8 Minutes, West 1'00'geet; ~.- thence North 33 Degrees 32 Minutes West 808 feet; thence North 47 Degrees 25 Minutes East 444.20 feet; thence North 0 Degrees 7 Minutes East 25.22-feet; thence South 89 Degrees 53 Minutes East 255.75 feet to the point and PLACE OF BEGINNING. EXCEPTING that portion of the Nampa and Meridian. .Irrigation District drainage right of way, and right., o€ way '':for ,I~: Ten Mile Road . ~ . BUT, SUBJECT TO all reservations ..in .patents ~:~rom' the United States of America or in deeds from ~h~e' „Sta:te .o~•~.:~Ida~io to said described premises, and SUBJECT TO ~a1~T'~taxes and.assessments levied and assessed or to be levied and assessed against said described premises for the present calendar year.~and.all years subsequent thereto, and SUBJECT TO all easements and rights of way visible upon said described premises or appearing'Qf record in the office of the County Recorder of ADA County, Idaho.. AND SUBJECT TO THAT CERTAIN DEED OF TRUST, in` favor of First Security Bank of Idaho, National Association dated June 18, 1987 in . the Original principle amount of $108,000.00 and with Title and Trust Company as the Trustee and recorded as instrument number 8736117 Official Records of Ada County, Idaho and having a current and principle balance of approximately $103,720.38, and a second Deed of Trust in favor of Commercial Credit Corporation in the original principle sum of $11, 212.96 and dated February •2-, 19.93 and MEMORANDUM OF CONTRACT OF BALE - Page 1 • • thereon. recorded as instrument number 9308618 Official Records of Ada County, Idaho, with the current principle balance being approximately $10,027.59 and said encumbrances ~repayable.in the approximate sum of $1,108.00 per month• and$25,4.04"per month, respectively. ~ ~~ ,• ,. together with all and singular the tenemerits,• hered,itaments and appurtenances thereunto belonging or i~n anyw.i:se appertaining, and the reversion and reversions, remainder. and remainders, rents, issues and profits thereof; and also all the estate right, title, interest in the property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of~the first part, of, in or to the said premises, and every part and parcel thereof, with the appurtenances, together with all water and ditch rights NOTICE IS HEREBY GIVEN that the above-named Seller has entered into an Escrow Agreement of Sale of Real Property wherein the above-named Buyer agreed to buy, and the Seller agreed to sell, the real property above described. .: .• Pursuant to the terms of said contract, title .has been reserved in the seller until the buyer fully performs tYie contract, and a Warranty Deed has been placed in •escrow at'SECURITY TITLE COMPANY OF BOISE, IDAHO at Boise, IDAHO, for delivery to the buyer upon completion of such performance. The recording of said Warranty Deed at a future date shall be conclusive proof, as against the Seller, and Seller's heirs, personal representatives, successors, and assigns, that Buyer has fully and completely performed all of the terms of said Escrow Agreement of Sale of Real Property, and that Seller has no further right, title, or interest in and to the real property above described. Also, pursuant to the terms of said Escrow Agreement of Sale of Real Property, a Bargain and Sale Deed. has been placed in escrow at SECURITY TITLE COMPANY OF BOISE,. ,IDAHO to .be del-ivered to the Seller in the event Buyer shall default~under.the~Escrow Agreement of Sale of Real Property, and shall fail to cure said default within the time provided in the contract (th'e parties having agreed that time is of the essence of their agreement). The recording of such Bargain and Sale Deed conveying the right, title, and interest of Buyer in the above-described property to Seller shall be conclusive proof, as against the Buyer, and Buyer's heirs, personal representatives, successors and assigns, that buyer has defaulted in performance of said Escrow Agreement of Sale of Real Property, and that all procedures set forth in said contract :for sending default, rescission oP the contract, and termination o.f Buyer(s) rights to continue the purchase, and to continue.:~• possession of the property, have been fully and completely :compl'ied.with by Seller, it being recognized and agreed :~th~at~ 'if' s~uyer.claims any defect in such notice of default or proced.u~re•s; or~ cif ~Ltyer claims MEMORANDUM OF CONTRACT OF BALE - Page~2 ' ~ • .. ,> any equitable interest in the property herein described, Buyer shall and must commence a legal action to assert such claims, if any, prior to .the expiration of the time provided in the contract for correcting defaults and delivery of said Bargain and Sale Deed by the escrow holder to the Seller, and that unless such action is so commenced within said period of time, all such claims. are waived by Buyer. ~ ~ • DATED this 27th day of JULY, 1993. • SELLER: AN CR ~ FO D, A SINGLE WOMAN, BY; ' .~ 1j A N~ E. CRAWFORD, A S GLE WOMAN ~ •. .. ~ ~ ' BUYER: .. ... RUNNING BROOK ESTATES, INC., AN IDAHO CORPORATION,'.~~.BY;• GLEN JOHNS ; PRESIDENT ,~ 1 ~•, GEORGE LYD~f, SEC TREASURER STATE OF IDAHO ) ss. County of Ada ) On the 27th day of JULY, 1993, before me,,the~.unders~igned, a Notary Public in and for said State, personally..appea~red the duly authorized officers of RUNNING BROOK ESTATES, `INC., AN IDAHO CORPORATION, Glen Johnson, President_.~ and George Lyda, Secretary/Treasurer and known to me to be the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same as officers of the Corporation with authority to so act. . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my officia,~. ,se;~~, the day and year first above written. ''••~ ' ~ .~ r,'~,. ~ .... '., .. Notary Put3lic- f' 'r d•a7t . • • Residing at "•• Eagle•,_ ~ •-; ~• •' ~~ My Commission Expires: 'S-10-98 •,, ~:' , ,. •• „ MEMORANOEJM•,:0~';Ob~RACT OF SALE - Page 3 • • • ~~ S ~+ C~ • ' STATE OF IDAHO ) ~.~ ss. County of Ada ) On the 27th day of JULY, 1993, before me, the undersigned, a Notary Public in and for Said State, personally appeared ANN E. CRAWFORD, A SINGLE WOMAN, known to me to be the person whose name is subscribed to the within and foregoing instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~.~ ,~+ sac: s•p: 11f ••w, L e ti ~• ~ ~ •- ~ ~~ O ,~,• r ,'r 1•~~9Q b'1')'rq ~..~ `yam °j~+r~YCtttttt .~,. t . MEMORANDUM OF CONTRACT OF SALE - Page ~ ~.. ..~ ~ ~ ~ .~ GAIN AND SALE DEE THIS INDENTURE is made and entered ~ irlto~ thus :z.Z th day of JULY, 1993, between RUNNING BROOK ESTATES, '~~NC.;•:AN.~IDAHO CORPORATION, hereinafter "the party of the first .part":and. ANNA B.• .CRAWFORD, A SINGLE WOMAN, hereinafter "the party of,the`second~•.part", WITNESSETH, that for and in consid.eration~~of •the sum and amount of Ten and No/100 Dollars ($10.00) lawful money of the United States of America, to the party of the first part in hand paid by the said party of the second part,-the receipt, adequacy and sufficiency of which is hereby acknowledged by the parties' signatures appearing hereafter, has and have granted, bargained, sold and conveyed, and by these presents does hereby grant, bargain, sell and convey unto the said party of the second part, and to said party's heirs, successors and assigns, forever, all right, title and interest in that certain piece or parcel, of land and improvements thereon and all rights therein, ~ situate', lying and being in the County of ADA and State of .~•,I~DAHO~, particularly described as follows, to-wit: An irregular tract of land lying in -Lot 1, •Sect3on~ 3, .Township 3 North, Range 1 West, Boise Meridian, Ada: County, Idaho, described as follows: Beginning at a point South 0 Degrees 7 Minutes East 255.75 feet from the corner stone of the Northeast corner of the Northeast 1/4 of Section 3, Township 3 North, Range 1 West, Boise Meridian; thence continuing South 0 Degrees 7 Minutes East 1054.25 Feet; thence South 89 Degrees 52 Minutes West .56 feet; . thence North 56 Degrees 8 Minutes West 100•feet;•_. •. • thence North 33 Degrees 32 Minutes West 80:8 feet;•. thence North 47 Degrees 25 Minutes East 444.20 feet.; thence North 0 Degrees 7 Minutes East.~25.22 feet;`; •~~ thence South 89 Degrees 53 Minutes East 255.'75 feet to the point and PLACE OF BEGINNING. ~ •. EXCEPTING that portion of the Nampa and Meridian Irrigation District drainage right of way, and right of. way-for N. Ten Mile Road. BUT, SUBJECT TO all reservations in patents from the United States of America or in deeds from the State of Idaho to said described premises, and SUBJECT TO all taxes and .assessments levied and assessed or to be levied and assessed. against said described premises for the present ca•]:endar yea.x; '.,and all years subsequent thereto, and SUBJECT TO all easements a~rid .ri.ghts of way visible upon said described premises or•~appeaxincj" ~f •r~cord in the office of the County Recorder of ADA .County,. •Idahd ~,< .' ~ . BARGAIN AND BALE DEED - Page 1 • r r r • • AND SUBJECT TO THAT CERTAIN DEED OF TRUST in favor of First Security Bank of Idaho, National Association dated June 18, 1987 in the Original principle amount of $108,000.00•and with Title and Trust Company as the Trustee and recorded'as.instrument• number 8736117 Official Records of Ada County;~.IdiYlo~;and,ti~ving. a current and principle balance of approximately. $103,720.3'8; and a second Deed of Trust in favor of Commercial'Cr.edit Corporation in the original principle sum of $11,212.96 and dated February 2, 1993 and recorded as instrument number 930867.8~.Offcial• Records of Ada County, Idaho, with the current `principle ..: balance being approximately $10,027.59 and said encumbrances. repayable in the approximate sum of $1,108.00 per month and $254.04 per month, respectively. together with all and singular the tenements,; :hereditaments and appurtenances thereunto belonging or in any wise•apper~aining, and the reversion and reversions, remainder and ~enia•inders, rents, issues and profits thereof; and also all'`t~he:estate right, title, interest in the property, possession, clam•~nd d~mand•~~:whatsoever, as well in law as in equity, of the :said~~arty.af~~•the first part, of, in or to the said premises, and every part..and parcel thereof, with the appurtenances, together with all water arld ditch rights thereon . ~ . TO HAVE AND TO HOLD All and singularly the said premises, together with the appurtenances, unto the said party of the second part and to second party's heirs, successors and assigns forever. WITNESS the hand of the said first party this .27th day of JULY, 1993. RUNNING BROOK ESTAT , INC., AN IDAHO CORPORATION,~BY; GLEN JOHN ~N, PRESIDENT ~. C'~ 4 G E LY~ , ECR ARY TREASURER BARGAIN AND BALE DEED - Page 2 S' STATE OF IDAHO ) ss . ., County of Ada ) ~ .. •• . •• On this 27th day of JULY, 1993, before tde,~~~the undersigned, a Notary Public in and for said State, personally ~ppea~ed the duly authorized officers of RUNNING BROOK ESTATES', TNC.., AN IDAHO CORPORATION, Glen Johnson, President,. .and'•: •George Lyda, Secretary/Treasurer, and known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that hey executed the same on behalf of the Corporation and with the authority of said Corporation and in that capacity as appears after their respective names. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above ,written. .. • .. :: • •~` ; `+ a.'- '•~ n -~ Notary `Publ is for Idaho . . v ~ ,, ~~ :'~~ a .~„~ ~ •~ ~ ~ Residing .at. ~ Eagle.; ID ; " ~~~ ~ U ~ '~ - My Commission. Expires: • . S_10-98 .• ,,~':~~, w'4~~ooooaao'~pv~ ~~~, BARGAIN AND BALE DEED - Paga 3 Y ~~.! ~~~ ~~_ _~~ ~URV~ • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Meridian, ID 83642 RE: Fire Light Estates Supplemental Submittal on Annexation and Rezone Dear Ms. Stiles: 208/322-8992 ^ Fax 208/378.0329 As discussed with your office, attached are 30 sets of a supplementary submittal to the annexation and rezone portion of our February 11, 1994 submittal. We appreciate your cooperation and assistance in this matter. If you should have any other questions or comments, please call me at your convenience. Sincerely, James E. Holden, P.E. Attachment as noted JEH/bh/649.1tr cc: Steve Anderson (2) • • FIRE LIGHT ESTATES APPLICATION FOR ANNEXATION APPROVAL AND REZONING The following are responses given to the items needed for annexation and rezoning. The numbers used are the same as on Meridian's form. Item No. 3. See attached Fire Light Estates Rezoning & Annexation Request -Owner of Record Authorization. 5. Two easements exist on the subject property as follows: A. A 25-foot roadway easement along the west side of Ten Mile Road. ACHD has requested this be increased to 45 feet. B. A 50-foot Exclusive U.S. Government Easement along Nine Mile Drain. The centerline of this drain coincides approximately with the western boundary of the subject property. The Nampa-Meridian Irrigation District and the U.S. Bureau of Reclamation has requested this easement be increased to 100 feet (50 feet each side of the property line). The layout of the lots affected by this easement contemplate measuring the required setback from the easterly existing top of bank, plus an 18-foot allowance for an access road. Both of these easements have been shown on the submittal application Site Plan titled Preliminary Plat. 6. The present land use has one single family residential home as shown on the included site plan and designated Block 2, Lot 9, and the remainder of the property is unused pasture. 7. The Proposed Land Use of the subject property is single family, Low Density Residential District, Zoned R-4. 8. The present district is Ada County. 9. The proposed district is City of Meridian. 10. This property is presently not being used in an economical or socially useful manner as described in Item No. 6. The properties to the east, southeast, west and northwest has been annexed and rezoned R-4 with the result that this property has become an enclave. Utilization of existing utilities will be enhanced by this annexation and rezoning. Also, the increase in the roadway right-of--way will permit widening of Ten Mile Road in the future. • 11. As discussed in Item No. 10, the rezoning of this property will eliminate an enclave area in the City of Meridian, and is completely compatible with Parkwood Meadows to the southeast, Candlelight Subdivision No. 1 to the east, and the planned subdivision Englewood Creek Estates Subdivision No. 1 to the northwest. 15. The proposed zoning amendment of changing the existing RT zoning to R-4 is compatible with the Meridian Comprehensive Plan. 17. See attached Fire Light Estates Rezoning & Annexation -Posting of Property. • "' •`~ RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378-0329 9y0 SURVEyOQ, February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Fire Light Estates Rezoning and Annexation Owner of Record Authorization Dear Ms. Stiles: I hereby grant our permission to Running Brooks Estates, Inc., an Idaho corporation, to submit a request for the rezoning and annexation of our property, located at 3095 North Ten Mile Road on the west side and approximately 700' south of West Ustick Road, as described in the attached legal description into the Corporate Limits of the City of Meridian. This is done in accordance with Item No. 3 of the Annexation and Rezoning Requirements of the City of Meridian. inn E. Crawford Owner of Record ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~~' day of '~~~1~'1JfN~ , 1994 personally appeared ~n ~ • « ~pand known or identified tome to be the persons whose names are subscribed to the within instrument and who acknowledged to me that they exec the same. ,,'~~~~~~~~~~~~,+ 'tary Public for Idaho ~ °°°°.~~'e° oTA °°,'~~,'. Residing in ~ ~ ,Idaho 4 e ~ '~~" S e*o ~.~ My bond expires: ~ 29 99 ~ ~~ _ o s . S l'UBLiG ; •' •~'~o ~~' OF I.9Q'.~``• • ~ "' `~ RUBBLE ENGINEERING, INC. r 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9~~ SU R V ~yO~y February 16, 1994 Ms. Sheri Stiles, City Planner City of Meridian 33 E. Idaho Street Meridian, ID 83642 RE: Fire Light Estates Rezoning and Annexation Posting of Property Dear Ms. Stiles: I, James E. Holden, P.E., hereby promise to post a legal notice of public hearing for the subject property one (1) week prior to the Planning and Zoning hearing date. This will be done in conformance with Item No. 17 of the Annexation and Zoning Requirements of the City of Meridian. ~. ames E. Holden, P.E. RUBBLE ENGINEERING, INC. ACKNOWLEDGEMENT State of Idaho ) ss County of Ada ) On this ~~'~" day of ~R~-~~x , 1994 personally appeared ~~r~~s ~. --~ LDS whose name is subscribed to the within instrument and who. acknowle ed to me that they ,executed the same. Nota Public for Idaho ,°°° <v~ •°• •'••;1'~'••~ Residing in r~y~'s^G ,Idaho ~ ~;• ~oTAR~ My bond expires: 9129 ~ 9 ~l * ; _'•" • ~iC+ ,••j q ••••••°~••• i ~~° .,,~~r~ of ~9~,~~,. n ~~ ,~~ ZN G~ ~ ~~~ ~~~ NQg (Oi ACy T•1 N r rn -i D -~ rn N z m I~ ~ m m Z u y ~ ~~ m ~~ &&8ga a .na a e*n n e ~f~~~z~i a~~~4~~~i~ ~ I I { ~~~~~~~~~ ~i~• `~~~~ ~ ~~~~~~~,~ ~~v~i ~~~ ~~ N ,~6, ~~~ ~ ~ ~ ~ ~a ~~~ . `~ • Meridian City Council July 19, 1994 Page 13 Morrow: Yes Crookston: So you can use that as part of the decision? • Morrow: I think it applies because if the development makes some sort of presentation that they are going to do something and we question that and it is not part of this particular record here than it is not on the record at all. Crookston: No Morrow: And then we have no enforcement. Crookston: Than you should continue the public hearing. Morrow: 1 think that would be my preference. Corrie: I have some questions on the findings of fact and conclusions of law that I think need to be perhaps revisited. The motion we should make it to have a the public hearing continued. Morrow: And we can do that to August 2nd? Crookston: Yea Morrow: So moved Corrie: Second Tolsma: Moved by Walt, second by Bob to continue the public hearing on August 2nd, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR FIRE LIGHT ESTATES BY RUNNING BROOK ESTATES AND RUBBLE ENGINEERING: Tolsma: Is there a representative? Gene Smith, 9550 Bethel Court, Boise, was sworn by the City Attorney. Smith: Mr. President, .members of the Council, a month ago we presented to you the . • • Meridian City Council July 19, 1994 Page 14 annexation and zoning for Fire Light Estates, it is a proposed subdivision located on the west side of Ten Mile south of Ustick. We had previously as we went through the zoning process P & Z recommended approval of the annexation and zoning, however, it tabled this preliminary plat in order to address some of staffs comments. Therefore we got the annexation and zoning out of sink with the Preliminary plat. That preliminary plat was revised and resubmitted to staff in essentially the same configuration we eliminated 3 lots 1 believe, we added in a common landscape strip adjacent to Ten Mile Road and corrected some of staffs concerns regarding minimum frontage and lot sizes. I believe all of staffs comments have been addressed at this point in time and request your consideration of approval for this preliminary plat. Tolsma: Any questions? Corrie: Mr. President, I have a question in reference to #6 on Gary's memorandum. Gary, that is sewer services, has that been cleared up since Englewood Creek that hasn't been brought to us, they are going to have to go around a different sewer intercepting parallel? Gary Smith, 33 East Idaho, was sworn by the City Attorney. Eng. Smith: Mr. President, Councilman Corrie, the sewer access to this project will need to come from Englewood Creek Estates as it is constructed. They would have access to sewer because sewer interceptor exists along Nine Mile Drain on their side of the ditch. So they would have access to the sewer should plans for Englewood Creek fall through. But as I understand it Englewood is proceeding. It is necessary for the applicant to know that if the design their sewer and build their sewer to connect to Englewood then of course that is what we will have to have. Smith: We are aware of it. Morrow: Mr. Smith, your answer is that you are aware of those things? Smith: Yes we are. Tolsma: Is there anyone else from the public that would like to testify on that? Seeing none I will close the public hearing. Council members. Morrow: Mr. President, I would move we approve the findings of fact and conclusions of law as prepared for P & Z. Corrie: Second .' • • Meridian City Council July 19, 1994 Page 15 Crookston: There are no findings, this is just the plat. Morrow: Even though that is part of our package we don't need to deal with them. Crookston: Right Morrow: I would move that we approve the preliminary plat for Fire Light Estates. Yerrington: Second Tolsma: Moved by Walt, second by Max to approve the preliminary Plat for Fire Light Estates, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR PRELIMINARY PLAT FOR TURTLE CREEK SUBDIVISION BY STEELE AND SON AND JUB ENGINEERS: Tolsma: Is there a representative? Gary Lee, 250 South Beachwood, Boise, was sworn by the City Attorney. Lee: This preliminary plat application before you this evening is on the heals of agenda item #7 above with the annexation ordinance adopted for that particular property known as the Caim's property was annexed and zoned R-4 into the City. The preliminary plat on the property will consist of about 237 single family residential lots. It will be a 8,000 square foot minimum most of which will be larger, probably upwards of 10,000 square feet. The project is located off of Linder Road north of Glennfield Manor and just east of the Sunnybrook Farms and Fieldstone Meadows subdivisions. Currently there is an application in the city for a project known as Tumble Creek to the north of us. So we will be surrounded by residential developments. Access to the site will be provided off of numerous points of connection, the main connection will be Linder Road. There will be a collector street that will access all of the interior lots. It will traverse in a westerly direction for about 2/3 the distance across the plat. It will also connect to existing streets to the south Monaco and Cubic, it will connect to the proposed street to the north which again is Monaco. And in addition there will be a 4th connection to the west boundary and to the Sunnybrook Farms No. 5. Sewer and water services are available on Linder Road and Monaco which will be connected and extended throughout the project. there are a number of irrigation ditches that traverse the property at this point which will be tiled in accordance with. City Ordinance. There will be a pressurized irrigation system installed for this development probably operated and maintained by Nampa Meridian Irrigation • • MERIDIAN CITY COUNCIL MEETING: July 19.1994 APPLICANT: RUNNING BROOK ESTATES AND NUBBLE AGENDA ITEM NUMBER: 14 ENGINEERING REQUEST: PUBLIC HEARING: PRELIMINARY PLAT FOR FIRE LIGHT ESTATES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS SEE ATTACHED COMMENTS FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS P~ e~ P'~ ~ ~~ ~ ~ F SEE ATTACHED COMMENTS OTHER: ~` • • :~~,~R ®E TREASURE i~ALLEY OFFICIALS A GOOd PIaCe YO LIVe COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk MAX YERRINGTON JANICE L. GASS, City Treasurer CITY OF MERIDIAN ROBERT D. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt S 33 EAST IDAHO SHARI STILES upt. JOHN T. SHAWCROFT, Waste Water Planner 8 zoning Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO $3642 W.L. "BILL" GORDON, Police Chief JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887.4813 Chairman - Planning ~ Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM APRIL 9, 1994 TO; MAYOR, CITY COUNCIL, P ANNING AND ZONING FROM; Gary D. Smith, PE , RE; FIRE LIGHT ESTATES SUBD. I have reviewed this submittal and have the following comments for your information and or use as conditions of the applicant during the hearing process: 1. The property is adjacent to existing city limit boundary and the legal description does include the adjacent portion of N.Ten Mile Road. 2. The frontage of Lot 2-Block 1; Lot 14-Block 2; Lot 3-Block 1; and Lot 13-Block 2 needs to be 80 feet. Lot 2 & 14 are not culdesac lots and do not have the configuration of a "flag" lot. 3. Verify that Lot 4 and 17-Block 2 have 8,000 square feet of area. 4. Correct the side lot dimension of Lot 17-Block 2. 5. Lots 10-13, Block 2 don't have 8,000 square feet of usable area when the 15 foot landscape easement is deducted. Will a fence be built in the landscape easement shown? 6. Sanitary sewer service to this project is subject to construction of Englewood Creek Subd. If Englewood Cr. is not built this project will need to sewer to the interceptor paralleling Nine Mile Creek. 7. Sewer and water lines need to maintain a 10 foot horizontal clearance. Some adjustment will need to be made on Sainfoin Way. 8. Three (3) street lights are required. The entrance light shall be minimum of 200 watt. 9. The existing sewer interceptor along Nine Mile Creek must not be fenced into the backyards. Any backyard fencing should be placed on the easement line. 10. Submit approval from Ada County for street names and ` . • subdivision name. 11. Show the referenced benchmark for the contour lines. 12. This project will be in a Zone AE flood area unless the culvert carrying Nine Mile Creek under Ustick Road is replaced with one that will pass the 100 year flood. 13. The highest seasonal groundwater elevation needs to be established to assist builders in setting the bottom of footing one foot above that level. • • ~Op~ BEFORE THE MERIDIAN PLANNING AND ZONING COMMISSION RUNNING BROOK ESTATES, INC. FIRE LIGHT ESTATES ANNEXATION AND ZONING NE 1/4 OF SECTION 19, T.3 N., R.1 E., B.M. SOUTH OF USTICK ON TEN MILE ROAD MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled annexation and zoning application having come on for consideration on April 12, 1994, at the hour of 7:30 o'clock p.m. on said date, at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and the Commission having heard and taken oral and written testimony and the Applicant appearing through a representative, Gene Smith, and having duly considered the matter, the Planning and Zoning Commission makes the following: FINDINGS OF FACT 1. That notice of public hearing on the annexation and zoning was published for two (2) consecutive weeks prior to the said public hearing scheduled for April 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the April 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were made available to newspaper, radio and television stations. 2. That the property included in the application for FINDINGS OF FACT & CONCLUSIONS OF LAW 1'sge 1 RUNNING BROOK ESTATES, INC./FIRELIGHT • • annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 8.14 acres in size; it is located at 3095 North Ten Mile Road on the west side. and approximately 700 feet south of Ustick Road; the development would include 27 lots. 3. That the property is presently zoned by the County RT (Rural Transition); that the Applicant has requested that the property be zoned R-4 Residential and stated that the use proposed would be for R-4 Residential development. 4. The present land use has one single family residential home designated Block 2, .Lot 9, and the remainder of the property surrounding the single family residence is unused pasture. That the Applicant stated that they have approximately 3.3 dwelling units per acre; that the houses would be a minimum of 1500 square foot homes in the $115,000 to $165,000 range; that all streets are proposed to be built to ACHD standards with access to the project being off Ten Mile and also through the proposed Englewood Creek subdivision to the north; that the Applicant submitted an application for preliminary plat along with the application for annexation and zoning. 5. That the property is adjacent and abutting to the present City limits. 6. The Applicant is not the owner of record of the property but the owner of record, Ann E. Crawford, has requested the annexation and consented to the Application. 7. That the property included in the annexation and zoning FINDINGS OF FACT ~ CONCLUSIONS OF LAW Page Z RUNNING SROOR ESTATES, INC./FIRELIGHT • • application is within the Area of Impact of the City of Meridian. 8. That the entire parcel of ground requested to be annexed is presently included"within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in ,the Meridian Comprehensive Plan. 9. There were no property owners in the immediate area that testified objecting to the Application. 10. Gene Smith addressed City Engineer, Gary Smith's written comments which are incorporated herein as if set forth in full, concerning this application's lots; that some of these lots don't have 8,000 square feet as required by the Ordinance. 11. The other major concern City Engineer, Gary Smith, had, which Gene Smith commented on was the project being in a zone AE flood zone. Gene Smith commented that the flood zone is being worked on with the project to the north. In order to eliminate that flood zone a new culvert will be installed under Ustick Road and a letter of map .revision will be applied for with FEMA to take the entire area out of the AE zone. . 12. Mr. Gary Smith commented that the frontage to Lot 2, Block .l, Lot 14, Block 2, Lot 3, Block 1 and Lot 13, Block 2 do not meet the minimum street frontage; City Engineer, Gary Smith's opinion of a flag lot is one with an allowed 30 foot frontage, of which these lots are not, therefor they should be 80 foot frontages with compliance with the R-4 zone. 13." It was also commented by Gene Smith that the sewer easement that passes through the property should not be fenced into FINDINGS OF FACT & CONCLUSIONS OF LAW Page 3 RUNNING BROOK ESTATES, INC./FIRELIGHT • • the backyards of the adjacent lots. 14. That the landscape easement on Ten Mile Road is outside of the proposed right of way so it is proposed that each individual lot has a landscape easement to handle sidewalk, curb, and gutter and that those items would be addressed in the Homeowners' Association CC&R's to be each individuals responsiblity for maintaining. 15. That the Developer would initially landscape but make it each homeowners responsibility to maintain. 16. City Engineer, Gary Smith, testified as to the landscaping issue with regards to the subdivisions responsibility to provide a buffer between the lots and the roadway as well as a side buffer to avoid any problems as to the future expansion of Ten Mile. 17. That the Nine Mile Drain, which courses along the south side of this property, is a Nampa & Meridian Irrigation District/Federal Government drain ditch. N & M Irrigation District claims 50 feet from the center. of the drain. Any encroachment within this 50 foot right-of-way must be under a written agreement. 18. The Department of Health, the Nampa Meridian Irrigation District, Settlers Irrigation District, City Engineer, Bureau of Reclamation City Police Department, Idaho Power, Settlers Irrigation District, Meridian School District, Ada County Street Name Committee and City Fire Department did submit comments and such are incorporated herein as if set forth in full; that the Ada County Highway District may submit comments and if it does those FINDINGS OF FACT & CONCLUSIONS OF LAW Page 4 RUNNING BROOK ESTATES, INC./FIRELIGHT • • comments will be, and are, incorporated herein as if set forth in full. 19. That the property is shown on the Meridian Comprehensive Plan as being in a Single Family Residential area. 20. That in the Rural Area section of the Comprehensive Plan, Land Use, Rural Areas, Section 6.3, it does state that land in agricultural activity should so remain in agricultural activity until urban services can be provided. 21. That Meridian has, and is, experiencing a population increase; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots. 22. That the property can be physically serviced with City water and sewer. 23. That the R-4, Residential District is described in the Zoning Ordinance, 11-2-408 B. 3 as follows: (R-4) LOW DENSITY RESIDENTIAL DISTRICT: The purpose of the (R-4) District is to permit the establishment of low density single-family dwellings, and to delineate those areas where predominantly residential development has, or is likely to occur in accord with the Comprehensive Plan or the City, and to protect the integrity of residential areas by prohibiting the intrusion of incompatible non- residential uses. The (R-4) District allows for a maximum of four ( 4 ) dwellings units per acre and requires connection to the Municipal Water and Sewer systems of the City of Meridian."; that the R-4 zoning district requires a minimum of 1,400 square feet to be included in houses in that zone. 24." That the Meridian Comprehensive Plan, under Land Use, Residential Policies, 2.1U states as follows: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 5 RUNNING BROOK ESTATES, INC./FIRELIGHT • • "Support a variety of residential categories (urban, rural, single-family, multi-family,. townhouses, apartments, condominiums, etc. ) for the purpose of providing the City with a range of affordable housing opportunities." 25. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.3 c., it states as follows: "Within the Urban Service Planning Area development may occur in densities as low as 3 dwellings per acre if physical connection is made to existing City of Meridian water and sewer service and the property is platted and subdivided . .' 26. That the Meridian Comprehensive Plan, under Land Use, Rural Areas, 6.4, it states as follows: "Residential development is allowed in the rural area provided that said development does not exceed the Rural Residential Agricultural density, unless it is inside the Urban Service Planning Area and City sewer and water is provided, then Low, Medium and High density residential may be considered. All residential development must also comply with the other appropriate sections of this plan." 27. That the Meridian Comprehensive Plan, under Housing, Housing Policies, at page 66, it states as follows: "1.1 The City of Meridian intends to provide for a wide diversity of housing types (single-family, modular, mobile homes, multi-family, townhouses arrangements), ." "1.3 An open housing market for all persons, regardless of race, sex, age, religion or ethnic background." "1.4 The development of housing for all income groups close to employment and shopping centers should be encouraged." 28. That there is a population influx into the City of Meridian at the present time which has been going on for some time and is likely to continue; that the land is relatively close to Meridian" and economic conditions are making it difficult to continue farming in the area. FINDINGS OF FACT & CONCLUSIONS OF LAW Page 6 RUNNING BROOK ESTATES, INC./FIRELIGHT • 29. That the City Engineer has previously submitted comment in different applications that a determination of ground water level and subsurface soil conditions should be made; that such a comment is equally applicable to this Application. 30. That in prior requests for annexation and zoning in this area the previous Zoning Administrator has commented that annexation could be conditioned on a development agreement including an impact fee to help acquire a•future school or park site to serve the area and that annexations should be subject to impact fees for park, police, and fire services as determined by the city and designated in an approved development agreement; that such comment is equally applicable to this Application. 31. The Meridian School District submitted comment and such is incorporated herein as if set forth in full; its comment was that there is no excess capacity in the schools of the District and that residents of the new subdivision could not be assured of attending the .neighborhood schools; the School District asked for support for a development fee or,a transfer fee to help offset the costs of building additional. schools. 32. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs .upon current residents to accommodate the subdivision."; FINDINGS OF FACT & CONCLUSIONS OF LAW page ~ RUNNING BROOK ESTATES, INC./FIRELIGHT • • that the City of Meridian is concerned with the increase in population that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and to those moving into the City; the City is also concerned that the increase in population is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students. 33. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all residential lots in the City because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 34. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 35. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential FINDINGS OF FACT & CONCLUSIONS OF LAW Page $ RUNNING BROOK ESTATES, INC./FIRELIGHT • properties. Such screening shall be a minimum of twenty feet (20' ) wide, and shall not be a part of the normal street right of way or utility easement." 36. That Section 11-9-605 H 2. states as,follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic- spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 37. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 38. That Section 11-9-605 L states as follows: Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The FINDINGS OF FACT & CONCLUSIONS OF LAW rage 9 RUNNING BROOK ESTATES, INC./FIRELIGHT • • Commission and Planning and Zoning Commission shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway. provisions within developments. 38. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission were given and followed. 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 of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a Legislative function. 3. That the Planning and Zoning Commission has judged this annexation and zoning application by the provisions contained in Section 50-222, Idaho Code, Title 67, Chapter 65, Idaho Code, the Meridian City Ordinances, the Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Commission may take judicial notice of Page 10 FINDINGS OF FACT & CONCLUSIONS OF LAW RUNNING BROOK ESTATES, INC./FIRELIGHT • • government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the. proposed annexation is contiguous to the present City limits of the City of Meridian and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the titled owners and the annexation is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, Section 11-9-605 M., which pertains to the tiling of ditches and water ways, and Section 11-9-606 B 14, which pertains to pressurized irrigation; -that the Applicant will be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, L and prior comments of the previous Planning Director, Wayne Forrey, relating to the lack of FINDINGS OF FACT & CONCLUSIONS OF LAW Page 11 RUNNING BROOK ESTATES, INC./FIRELIGHT i • adequate recreation facilities and that land set aside for a future park would be desirable, that the City is in need of land set- asides for future public service use, .that a school site was not reserved; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development fee or transfer fee adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. The development agreement shall also µn cL b P. rn-~ wid t~E. address the landscaping along Ten Mile Road, and maintenance thereof, by a mandatory home owners association rather than the individual lot owners. The Covenants, Conditions and Restrictions shall require the mandatory homeowners association as a condition of annexation. 10. That the Applicant's property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the requirements of the Meridian City Engineer, including those he specifically stated in his comments and those stated herein in these Findings and Conclusions, and of the Nampa & Meridian Irrigation District, Meridian Fire Department, Idaho Power, U. S. West, and the comments of the Meridian Planning Director-shall be met and addressed in a development Agreement. 12. That all ditches, canals, and waterways shall be tiled as FINDINGS OF FACT ~ CONCLUSIONS OF LAW Page 12 RUNNING BROOK ESTATES, INC./FIRELIGHT • • a condition of annexation and if not so tiled the property shall be subject to de-annexation; that the Applicant shall be required to install a pressurized irrigation system, and-if not so done the property shall be subject to de-annexation. 13. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation, the Applicant-shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G 1, H 2., K, L and the comments of the Planning Director, Wayne Forrey; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any impact, development, or transfer fee, adopted by the City; that there shall be no annexation until the requirements of this paragraph are met or, if necessary, the property shall be subject to de-annexation and loss of City services, if the requirements of this paragraph are not met. 14. That proper and adequate access to the property is available and will have to be maintained; that the house size of 1,400 square feet must be met. 15. That these conditions shall run with the land and bind FINDINGS OF FACT & CONCLUSIONS OF LAW Page 13 RUNNING BROOK ESTATES, INC./FIRELIGHT • • the applicant, the titled owners, and their assigns-. 16. With compliance of the conditions contained herein, the annexation and zoning of R-4 Residential would be in the best interest of the City of Meridian. 17. That if these conditions of approval are net met the property shall be subject to~de-annexation. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI VOTED VOTED VOTED_J~~~ VOTED ~ CHAIRMAN JOHNSON (TIE BREAKER) VOTED C- ~'t C. DECISION AND RECOMMENDATION The Merid' an Planning and Zoning Commission hereby recommends to the City anning and Zoning Commissio f the City of Meridian that they zoning as stated above for the property described in the application with the conditions set forth in the Findings of Fact and Conclusions of Law and that the Applicant and owners be specifically required to the all ditches, canals and waterways and install a pressurized irrigation system as FINDINGS OF FACT & CONCLUSIONS OF LAW Page 14 RUNNING BROOK ESTATES, INC./FIRELIGHT • conditions of annexation, and that the Applicant meet all of the Ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement, and that if the conditions are not met that the property be de-annexed. MOTION: APPRGVED:~i DISAPPROVED: FINDINGS OF FACT & CONCLUSIONS OF LAW Page 15 RUNNING BROOK ESTATES, INC./FIRELIGHT VA EY • LL HUB OF TREASURE OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk JANICEL.GASS,CityTreasurer CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MA%YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MFR[DIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: Aaril 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning-with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc.. and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / ~~ OTHER: YOUR CONCISE REM ~~~~ 1 ~ ~~;~r~ ~' €3F ~~ai~~i:~i~~~ ~^UB O • F TREASURE VALLEY H OFFICIALS A GOOCI PIaCe t0 LIVe COUNCIL MEMBERS RONALD R. TOLSMA WILLIAMG.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAXYERRINGTON ROBERT 0. CORRIE GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO ~~~ C X~( FSTILES Administrator e KENNY W. BOWERS, Fire Chief IDAHO 83642 MERIDIAN g W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney , Phone (208) 888433 • FAX (208) 887813 p tI~A JIM JOHNSON MQR ~ Qh~~ Planning 8 Zoning lJ ~/v Public Works/Building Department (208) 887-2211 GRANT P.KINGSFORD T~./ CI1 ! L~~~ i~+~i.l61~~1H~'~ Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: Aril 5. 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning-with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inca and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT -CITY ATTORNEY CITY ENGINEER -CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES ~ _ / ~ ` OTHER: YOUR CONCISE REMARKS: 7~.e, ,~G ~ ms's L' k ~ ~ o~ aL R ~ a k... ~~. ~ ..2 !~~ • • SUPERINTENDENTOFSCHOOLS Bob L. Haley ~Oa EXCE~`~ DEP Dan Mabe, Finan eD& Administration Z~ DIRECTORS ~~~\~~~ 1 fi Sheryl Belknap, Elementary ~` Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911 MERIDIANSTREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 ~2 Q ~~ March 14, 1994 City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Fire Light Estates Subdivision Dear Councilmen: I have reviewed the application for Fire Light Estates and find that it includes approximately 27 homes at the median value of $140,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Linder Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 9 elementary aged children, 8 middle school aged children, and 10 senior high aged students. At the present time Linder Elementary is at 134 of capacity, Meridian Middle School is at 126$ of capacity and Meridian High School is at 123$ of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, G~~ ~~ Dan Mabe Deputy Superintendent DM:gr SU~VISION EVALUATION ~EET 1tECEIi~'t.U APR 154 Proposed Development Name FIRELIGHT ESTATES City ME~AfA~ A.~~'A~'-,~~ir~ Date Reviewed 3/24/94 Preliminary Stage XXXXX Final Engineer/Developer Hobble Engr. /Running Brook Estates Inc. The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. FIRELIGHT ESTATES ~ ~ ~4--~I Date / The Street name comments listed below are made by the members of the A 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 sh la I ano r n the plat as_, "N. TEN MILE ROAD" "W. USTICK ROAD" "W. SWEETBRIER STREET" "N. SAINFOIN WAY" The following new street name is anaroved and shall aa~ear on the plat as• u9o+~ 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 COMMITTEE, NC REP E NTATIVES OR DESIGNEES Ada County Engineer John Priester Date ~~//4/~ Ada Planning Assoc. Terri Raynor 7/\ 1~° ~~~ Date Meridian Fir District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~ n-, TRISUBS\801SE.FRM I • ~ i 1 ~jjl!,ili! ~~1 ~ ~ii~ii~ ~ ~!8 ~i I II ~~ ~ r . -- ~~~~ ~~ ~i^t! yg ~i ~~ ~~~~r ~~ ~~ ~~ ~ ~ ~~ ~~ ~f ~ o~~~ 2 ~ ~E ~' ~~~~~Ja 4 S • f • • •t • f*tqR ~i _~ SU~IVISION EVALUATION SHEET Proposed Development Name FIRE LIGHT ESTATES City ME~~~~~ Date Reviewed 3/24/94 Preliminary Stage XXXXX Final ~aR 3 ~ ~~~4 C~'C"Y ~~ g~~L~i~t~1~' Engineer/Developer Hubble Engr. /Running Brook Estates Inc. The following SUBDIVISION NAME is approved by the Ada County Engineer or h' esignee per the requirements of the IDAHO STATE CODE. Fl Q~LtG Hf i s O~.tv cvv,en g N n ~ s a /P/tvv~~ ,as a~C wo,2o S F~R.a-~~~t ~~TSS Date The Street name comments listed below are made by the m rs of the ADA COU TY STREET NAME COMMITTEE (under direction of the Ada C ty Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. ~t,{R'~ The following existing street names shall aooear on the plat as: ~~ "N. TEN MILE ROAD" "W. USTICK ROAD" "W. SWEETBRIER STREET" "N. SAINFOIN WAY" The following oronosed street name is over ten letters in length and cannot be annroved unless Ada County Highway District will verify in writing that the street name will fit on a sign: "W. FIRE LIGHT COURT" 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 ord r for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, A~N~Y REP,~i ENT/4TIVES OR DESIGNEES Ada County Engineer John Priester ,,, Date ~ / Ada Planning Assoc. Terri Raynor ~..~ ~~ Date 3 ~`~ ~`f Meridian Fir District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index , _ ~ ~¢ NUMBERING OF LOTS AND TR\SUBS\BOISE.FRM ~~~s B I~~,if~ ~~1l~ '~ ~ d i~E c 1a tt {~~ ~~ I III i~!r~1 ~~ C ia~~f f fC ~r~i^7~~ ~ v ^ ~_ W 2 ~~ ~ ~ 011 OY 1rJY.S11 1 w w it W '"~ e ~ ~ Q ~g ;a r. _f~~ N `"`" W y ~ `- ' ~ ~ ; p J ~~ ~ 1 1 ~ (~ of O ~ 1 i ~ 1 I c ~ ~A i ^ 1 1 ® , ~ ~ ~ ® ®~ ~ 1 ~~~ ~~ 1 ~;. ~ ~. e ~ \ . \, 1 1~ ~' ~ e ~l ~, ,~ ® ~ ~' .w 1 ~ w ~~ ~ . ,~ ~~ i 1 ~ ~ 1 1 \`. S~ . A 1 ` ~ ~ 1 ~~ ` ~ 1 1 6 <+~ 4 ~r ,• 1 I DS 'g' ~``~ ® 1 If • ~ `~ ' i ~~ .~ ~\ ~ a { . •, to ~ ,~ ® < 1 0 • g,1 If 1 , ® •1 1 1 ~ ' 1 1 17 1 1 1 • 1 ` O , .` , 1. 1 1 I 1 ~~` `• °~. ~' • 6ZECE~tJ~D APR 15 1394 GLENN J. RHODES, President ~~ Iii ~ ~~' I~`iL~IL;tf1~'~ SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: RUNNING BROOK ESTATES 2640 S MAPLE GROVE BOISE ID 83709 FROM: Larry Sale, Development S rv' o v. April 8, 1994 SUBJECT: FIRE LIGHT ESTATES SUBDIVISION - PRELIMINARY PLAT On April 6, 1994, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the Preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, 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-of- way, the following shall be submitted and subject to review and approval by the District: a. Three complete sets of detailed street construction drawings prepared 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 District to guarantee the completion of construction of all street improvements. ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 • . April 8, 1994 Page 2 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. 4. If Public Rights-of-Way 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 345-7680, should you have any questions. LS cc: Development Services Chron HUBBLE ENGINEERING MERIDIAN CITY HALL • G~Gl~' C~ GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACHD C01T1I[115S10n FROM: Development Services ~f`Ri~E,'S'ur~yDEtdCE '~'?'RELGHT;'DSTECH - -~~ DATE: Apr~l ?; :?994 SUBJECT: PRELIMINARY PLAT - Fire Light Estates Subdivision (Developer - Running Brooks Estates, 2640 S Maple Grove, Boise, ID 83709) (EngineerJSurveyor - Hubble Engineering, Inc. (James. Holden), 950 Bethel Ct, Boise, ID 83709} FACTS & FINDINGS• 1. Fire Light. Estates is a 27 lot residential subdivision and request for a zone change from RT to R-4. The site is located on the west side of Ten Mile Road, south of Ustick Road. There are 1,095-feet of new public roads. planned. 2. GENERAL INFORMATION: LEAD AGENCY - Meridian .ACRES - 8.14 FEET OF NEW PUBLIC STREETS - 1,095 LOTS - 27 ZONING - R-4 requested LSTIMP.TED VEHICLE TRIPS PER. DAY - 270 TRAFFIC ANALYSIS ZONE - 260 L.F. OF FRONTAGE ON Ten Mile:- 1,055-feet MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFLCATION MAP DESLGNATION - Minor arterial ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - Lane EXISTING RIGHT-OF-WAY - 58-feet (25-feet west of centerline} REQUIRED RIGHT-OF-WAY - 90--.feet (45-feet from centerline) Ten Mile Road is improved with curb and 5-foot sidewalk on the east side (52-foot back-to-back) and 12-feet of paving on the west side. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities. ada county highway district 318 East 37th ~ Boise, Idaho 83714 • Phone (208) 345-7680 PRELIMINARY PLAT - ~e Light Estates Subdivi_s~ April 1, 1994 Page 2 ~. These is an existing dwelling taking access from Ten Mile Road.. 4. Access to the development is provided from Ten Mile Road. by proposed Sainfoin vlay, which connects to the north. with Englewood Creek Subdivision No. 1. 5. Nine Mile Drain borders this site on the southwest side. 6. The ACRD Capital Improvement Plan (CIP) indicates that Ten Mile Road is not approved for use of Road Impact. Fee funds to increase i.ts capacity; therefore, Road Impact Fee offsets may not be given for r..onstruction of the roadway improvements (excluding sidewalk) along Ten Mile Road, but. may be given. for right-of-way dedication in addition to what exists now. If the developer wishes to be paid for the additional right-af- way, he/she must submit an application to the impact fee admin- istrator prior to breaking ground, in accordance with Section 15 of ACiiD Ordinance #188. NOTE.: ACRD is currently updating the CIP to incorporate the recommendations of the Meridian Comprehensive Plan. It is likely that this update will result in Ten Mile Road being made eligible for the. rise of impact fee revenue . 7. This application is scheduled for public hearing by the Meridi- an Planning & Zoning Commission on April 5, 1994. SITE SPECIFIC RESIUIREMENTS: 1. Dedicate 45-feet of right-of-way from the centerline of Ten Mile Road abutting parcel (20 additional feet). The owner will be compensated for this additional right-of-way from available impact fee revenues in this benefit gone. 2. Provide a deposit to the Public Rights-of-Way Trust Fund. at the District for the required street improvements. (5-foot sidewalk) on Ten Mile Road abutting parcel. 3. Excluding the existing dwelling on Ten Mile Road 4proposed Lot 9, Block 2), direct lot or parcel access to Ten Mile Road is prohibited, in compliance with District policy. Lat access restrictions shall. be stated on the final plat. 4. Provide a paved public turnaround at the north end. of Sainfoin Way if that part of the street north of Lot 4 of Block 2 is constructed before the adjoining portion of Englewood Creek Estates.. PRELIMINARY PLAT -~re Light Estates Subdivi~n April i, 1394 F:~ge `~ STAi~TDARD REQUIREMENTS 1. :~treGt and drainage improvements required in the public right- af-way sriall be designed and constructed. in conformance with District standards and policies. 2. Dedicated streets and drainage systems shall be designed and. constructed in conformance with District. standards and poli- cies. 3. Specifications, land surveys, reports, plats, drawings, plans, design information and calculations. presented to ACRD shall be sealed, signed and dated by a Registered Professional Engineer or Professional Land. Surveyor, in compliance with Idaho Code, Section 54-12.15. 4. Provide written approval from the appropriate irriga- tion/drainage district authorizing storm runoff into their system. 5. Locate obstructions (utility facilities, irrigation and drain- age appurtenances, etc.) outside of the proposed street. im- provements. Authorization for. relocations. shall.. be obtained from the appropriate entity. 6. Continue existing irrigation and drainage systems across par- cel. 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 ACRD. The proposed drainage system shall conform to tY'ie requirements. of Meridian. City and shall retain all storm. water on-site. Public street drainage. facilities shall be located in the public right-of-way or in a drainage easement set aside. specif- ically for that use. There shall. be no trees, fences, bushes, sheds, or other valuable amenities placed in said easement. Drainage easements. and their use restrictions shall be noted on the plat. 9. Provide design data for proposed access to public streets for review and. appropriate action by ACRD. 10. Locate driveway curb cuts. a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. PRELIMINARY PLAT -~ re Light Estates Subdivi~n April 1, 1994 Page 4 11. Peve7.oper shall provide the District with a copy of the record- ed plat prior to the installation of street name signs. Street signs will. nat be ordered until. all. fees have been paid and a copy of the recorded plat has been provided to ACRD staff. The copy of the recorded plat shall show the recording information as inscribed by the Deputy County Recorder. 12. Install a stop sign an every unsignalized approach. of a project street to an intersection involving a collector or arterial as the cross-street. The stop sign shall be in- stalled when the project street is first accessible to the motoring public. 13. Aright-of-way permit must be obtained from ACHD for all street and. utility constructian within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number} for details. 14. A request for modification, variance or waiver of any require- ment 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 Development Services Division at 345-7662. STAFF SUBMITTING: Larry Sale DATE OF COMMISSION APPROVAL:. APR 0 6 1994 APR 07 '94 01~47PM CENTRAL DISTRICT H D P.3 CENTRAL 1i O1STRiC? ~1'HEALTH DEPARTMENT REVIEW SHEET Environfental Heald Division RECEIVED iRetiulrn to! ^ Boise Rezone # ^ Garden city Conditional Use # ~M~~d~ar- ~9 ~ _ , ^ Kuna Preliminary nal !Short Plat Cd~`Y ~' i~~~~-~,~~fi,1~ ^ AGZ ^ i. We have Objections to this Proposal. • ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type•pf use must be provided before we can comment on this Proposal. ^ a. We will require more data concerning spil wnditions on this Proposal before we can oommer~t ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of. ^ high seasons! ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet p a feet 7. After, ~w,r/itten approval from appropriate' entities are submitted, we tan approve this proposal for: `mil ~°~ sewage ^ comrfiunity sewage system ^ mmmuniry wader weN ^ interim sewage central water ^ IndNldual sewage individual water 8. The folbwing plan(s) must be submitted;to and approved by the Idaho Department of Health A WeHare, Divisi~~~on,,, ///of Environmental Quality: central sewage ^ community sewage system ^ community water sewage dry Vines ~entrsl water ^ 9. Street Runoff is not do create a mosquit6 breeding problem. [] 10. Thts Department would recommend deferral until hi~gll seasonal ground water can be determined if other considerations indicate approval. ^ 1 I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage . Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child nre center ^ beverage establishment ^ grocery store 13. ~ Date' va _aar ra 1 i ~ ~ _ P 1 an~.a iGYi~s 1 7 ho caul ayaci anrf Reviewed icy: a~Rrevcd isy scat' ,h v r~ s~.snrzy let giat>'r~{Li atA AGHI?. Ada County or IDfd$, _ tDID 11171 n~ rn. 1119) • HUB OF TREASURE VALLEY • OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ~E~~~~~O~IL MEMBERS A GOOd PIaCe t0 L1Ve RONALD R. TOLSMA CITY OF MERIDIAN MAR 2 1 19~~LTW MORROW 33 EAST IDAHO C~r~ ~~' ~'?~~~ij~raes MERIDIAN, IDAHO 83642 - Planner & zoning Administrator JIM JOHNSON Phone (208) 888433 ~ FAX (208) 887-4813 ~ ^ ~ O ~~ ® Chairman -Planning 8 Zoning Public Works/Building Department (208) 887-2 ((vv GRANT P. KINGSFORD Mayor ~ ~' ~~+~ 1994 NAMPA & MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON ~~~!~~PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian P!ar:nin~ & aoiin~ rom~eis~ion3 may w? h:?t~? ynt.,r ans~nrer buy April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning-with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inca and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPART"MENT c'suREhli OF RECi.AMATiGN(PRELIiv1 « FiIdAL FLAT} SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: The Ninemile Drain which POLICE DEPARTMENT courses along the south side of this property is a CITY ATTORNEY Nampa & Meridian Irrigation District/Federal Govern- CITY ENGINEER ment drain ditch. Nampa & Meridian Irrigation District CITY PLANNER claims 50 feet from the center of the drain. Any encroachment within this 50 foot right-of-way must be under a written agreement. The Bureau of Reclamation ma y require a similar agreement. For this agreement contact John Cavwood Bureau of Reclamation 334-1463 or at 214 Broadwav Avenue in Bois Bill Henson, Foreman Nampa & Meridian Irrigation District S~LERS' IRRIGATION DIST~T P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 RECEjVED MAR 2 1 1994 CITY ~~~ ~~>~ii~t~l~ March 18, 1994 City of Meridian Planning & Zoning 33 East Idaho Meridian, Idaho 83642 Re: Fire Light Estates To Whom It May Concern: We have received and reviewed the plans for the above referenced subdivision. Since it does lie within the Settlers Irrigation District, the developer will be required to provide a pressurized irrigation system so that the homeowners might access their irrigation water. Settlers will not accept any drainage into it's system from the subdivision. If you have any questions regarding this, please phone me at 343-5271. Sincerely, / ~-~ Troy . Upshaw, Manager Settlers Irrigation District James E. Holden, P.E., Hubble Engineers TLU/vrk • • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R TOLSMA WILLIAMG. BERG.JR..CityClerk City Treasurer GASS JANIGE L CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE . . GARY D. SMITH, P.E. City Engineer WALT W. MORROW BRUCE D. STUART, Water Works Supt. JOHN T. sHAwcaoFT, waste water supt. 33 EAST IDAHO >*--!~-~ ~~ ~ RI STILES ; ~, PWnae6 mg Administrator KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 ~ W.L. "BILL" GORDON, Police Chiel WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-0813 j i ` kj JIM JOHNSON ,. Chauman ~ Planning 6 Zoning Public Works/Building Department (208) 887-2211 GRANT P.KINGSFORD ~1~'Y ~~• ir. ,.r•..•aa>/•I.•~.~ Mayor 'i'IL1NSIV1ITTAL TO AGENCIES FOR COMAIENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian. Planning & Zoning. Commission, may we have your answer by: April 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Light Estates BY: Running Brook Estates Inc and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P!2 MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT /\IT\/ I~TTi1n~11-\/ MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public/~,or private use3 A~5 Cw~it6NT'~.`~ S No W !J QiJ T/M+6 ~ lR/ Al IIY AIRY PL+'~ , Tin) Adams -~~ q.~M..s Idaho Power ~_y_~~ 322-2047 ' • HUB OF TREASURE VALLEY COUNCIL MEMBERS OFFICIALS A Good Place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN MAX YERRINGTON ROBERT D. CORRIE RR GARY D. SMITH, P.E. City Engineer WALT W. MO OW BRUCE D. STUART, Water Works Supt. JOHN T, SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES - planner a Zoning Administrator KENNY W. BOWERS, Flre Chief MERIDIAN, IDAHO 83642 JIM JOHNSON W.L. "BILL" GOROON, Police Chief CROOKSTON, JR., Attorney WAYNE G Phone (208) 888-0433 • FAX (208) 887813 Chairman • Planning 8 Zoning . Public Works/Building Department (208) 887-221 I ~~~;;;, ~', ~~ ~ ~ ~~ ~.~~~ . GRANT P. KINGSFORD Mayor ~ f~~ j ~ ~ I~~` TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVPE~~CTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, may we have your answer by: Aaril 5, 1994 TRANSMITTAL DATE: 3/14/94 HEARING DATE: 4/12/94 REQUEST: Annexation/ zoning with Preliminary plat for Fire Liaht Estates BY: Running Brook Estates Inc and Hubble Engineering __ LOCATION OF PROPERTY OR PROJECT: West of Ten Mile Road and South of Ustick road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECL,gMp,TION(PRELIM 8t FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER PI 1J S fr'o e- TKO ¢ .J 2. _ ~l~` QFa4fZ EA~ t.~hcT Sd c.aTV TEt!C HayE 6®ENOt1CaH Rwl TO Ocrrt-t ~tT o ~aPP ~"~ ~ United States Department of the Interior m ~ ~ ' ~ BUREAU OF RECLAMATION SRC 3=` a~ CENTRAL SNAKE PROJECTS OFFICE 214 BROADWAY AVENUE BOISE, IDAHO 83702-7298 IN REPLY REFER T0: CSPO-424 March 30, 1994 LND-1.00 Mr. Wayne Forrey Meridian P&Z Commission City of Meridian 33 East Idaho Ave Meridian ID 83642 a~ca~ ~~;;° ~= 1 1::~_. t Subject: Review of Fire Light Estates Subdivision Preliminary Plat Dear Mr. Forrey: The United States' Nine Mile Drain right of way is correctly dimensioned and labeled on this subdivision plat. We support this development's approval. Please call John Caywood (ph. 334-1463) if we can be of further assistance. Sincerely, :~~~ '~ errold D. Greg Project Superintendent cc: Nampa Meridian Irrigation District , ~+, 1 • • Meridian City Council June 21, 1994 Page 19 Kingsford: Other comments from the Council? Corrie: I agree with Walt 100%, rather than repeating what he said. Smith: I would like to thank (inaudible) from Hubble engineering for getting some comments back to me, I am afraid I had a little short notice on getting those comments out and they responded immediately so I appreciate that. Kingsford: What is the Council's pleasure? Morrow. I think Mr. Mayor I would move to table this until our next regular scheduled meeting, pending the formation of a CC&R's that have a homeowners association with dues capacity as part of the subdivision. I think that maybe, although the other things needs to be taken care of are minor in nature and the staff can handle those that I think it makes sense here that we go on record as wanting the homeowners association and wanting the 20 foot easement area for access to the sewer line. So, I think I would be in favor of tabling that until we have that area covered. Corrie: Second Kingsford: Moved by Walt, second by Bob to table this until the next meeting, requesting a homeowners association as specified in the CC&R's, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR FIRE LIGHT ESTATES BY RUNNING BROOK ESTATES AND RUBBLE ENGINEERING: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Gene Smith, 9550 Bethel Court, Boise, was sworn by the City Attorney. Smith: Mr. Mayor, members of the Council, I come before you this evening to request your approval of the annexation and zoning of a parcel of land located on the west side of Ten Mile Road, south of Ustick, approximately 250 some odd feet south of Ustick. The parcel contains approximately 8,14 acres of land and we are requesting an R-4 zoning designation from the current RT classification. This R-4 zoning is consistent with the surrounding adjacent property and we believe it to be an applicable use. It is a little confusing in the fact that we had the annexation, zoning and preliminary plat brought to P & Z, they approved recommendation for the annexation and zoning to come to Council • • ~ ~ ~ Meridian City Council June 21, 1994 Page 20 and tabled the preliminary plat at that time until they could get some clarification on some items. We have since clarified all of those items, I believe I have satisfied all of staffs comments. However, the only thing we are talking about here this evening is the annexation and zoning. So I guess I could address those comments, if staff still has concerns other than that the only other issue that we have a concern with in the findings of fact is the requirement, I believe it is conclusion #12 requiring all ditches, waterways, canals etc. to be tiled. This property is adjacent to the Nine Mile Drain, the Nine Mile Drain is no# on this property, there is an easement across a portion of this property and the question I have is whether or not that Nine Mile Drain as that size of waterway is required to be tiled. Kingsford: Again what is the piping requirement. Smith: Well, the piping requirement, I will have to turn to Gary on this, currently under the subdivision to the north of us they are proposing a modification to the crossing under Ustick to get that out of the floodplain and I am not sure what that piping is there. Eng. Smith: Mr. Mayor, Council members, I believe that pipe crossing carrying Nine Mile Drain under Ten Mile road and also crossing that, what Gene is referring to on Ustick road that pipe is in excess of 6 foot diameter. So, as I recall Nine Mile Drain has not been a pipable ditch issue with us in the past that have abutted to it. The one thing that we need to be careful of that we run into recently with Candlelight subdivision is that since the property tines go to the centerline of the ditch and the Nine Mile Drain is an easement it is not a right of way that property owners in Candlelight subdivision wanted to fence over to the edge of the ditch bank. In this particular area not only does Nampa Meridian have an access road, but we also have a sewer line and we can't permit fences to cross that sewer line and cut us off. t have had discussions with Hubble Engineers before, Fieldstone subdivision to be sure that any fences built along Nine Mile were built on their side of our sewer line and the access road that Nampa Meridian has. And I think that Gene and I have had that same discussion on Fire Light. Kingsford: And that would likewise entail lot sizes that would not include the easement. Smith: That is correct. Morrow. Is that noted on the plat, will that be noted on the plat? Eng. Smith: I think it is appropriate to note it on the plat, it is one thing that the homeowners see at least the first time, the first lot owners see that plat from the title company and at least then we have a good record to show future owners if there are future owners that want to build a fence out there that not this is not permitted by the plat so they Meridian City Council June 21, 1994 Page 21 have something there that is recorded. It is a good idea, yes. Morrow. I think it ought to be mandatory that it be on the plat and should also be noticed in the covenants and restrictions so that should some future homeowners has a chance of seeing at least one or the other. Eng. Smith: Right, I think that is a good idea. Tolsma: I have a question, didn't we run into a problem with the Department of the Interior once before (inaudible) or it had to be a perforated the so (inaudible)? Eng. Smith: Yes, the issue came up with Marty Goldsmith and Los Alamitos most recently again the same ditch Nine Mile Drain, I don't remember what federal agency it was but they came out and looked at and their determination was that it needed to be kept as an open ditch because it is functioning as a drain. It was originally constructor, it was not considered a natural drain by the Irrigation district, was constructed and built to help drain the lands. Tolsma: (Inaudible) Eng. Smith: Lower the groundwater table correct. Kingsford: Any other questions for Mr. Smith? Smith: If there are no other questions for me to respond to I would request your favorable vote on this issue. Kingsford: Anyone else from the public that would like to offer testimony on this issue? Seeing none I will close the public hearing. Council members, you have read the findings as prepared for P & Z are you prepared to accept those? Crookston: There has been no change. Kingsford: I would entertain a motion to that effect. Tolsma: Mr. Mayor, I would move we approve the findings of fact and conclusions of law for Fire Light Estates. Morrow. Second Kingsford: Moved by Ron, second by Walt to approve of the findings of fact and ,, r • • ~` r' . Meridian City Council June 21, 1994 Page 22 conclusions of law as prepared for P & Z for Fire Light Estates subdivision, roll call vote. ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: The next item would be to have the City Attorney prepare and annexation and zoning ordinance. Morrow: So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to have the City Attorney prepare an ordinance annexing and zoning all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #16: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING FOR TURTLE CREEK SUBDIVISION BY STEELE AND SONS AND JUB ENGINEERS: Kingsford: At this time I will open the public hearing and invite the owner or his designee to speak first. Gary Lee, 1750 North Summertree, Meridian, was sworn by the City Attorney. Lee: The request before you this evening is an annexation and zoning for a parcel of land that is known as the Cairn's property. It is situated on Linder Road south of Ustick and North of Chevy Lane. It is comprised of about 75 acres of property. It is bordered to the west by Sunnybrook Farms and part of Fieldstone subdivisions. It is bordered to the south by various phases of Glennfield Manor subdivision and bordered to the east by the proposed Tulley park. In addition there is a land development to the north called Tumble Creek that Mr. Stubblefield and his group are proposing. This particular piece of ground is currently zoned RT in the county. It has been out of production for a few years, it used to be an agricultural pasture land piece of property owned by the Calm's for many years. They did sell a 5 acre parcel to some people at the southeast comer that is not included in the annexation request. They have included their home site the Cairn's homesite along with additional acreage for about 3 acres along Linder Road. There was a preliminary plat submitted with the annexation request on this development. At P & Z the annexation of course was recommended as a favorable recommendation to the City Council, however, the preliminary plat was held back one meeting to make some modifications to it in • MERIDIAN CITY COUNCIL MEETING: June Y1 1994 APPLICANT: RUNNING BROOK ESTATES AND AGENDA ITEM NUMBER: ! S Hl~,,BBLE ENGINEERING REQUEST:. 1~ub1~C ~eG,r'~nq: 1an~C~ca~-1-;01 ~ Zo..;.~9 For ~t+2 L~sl ~ F'3~R~CS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: SEE ATTACHED COMMENTS SEE ATTACHED COMMENT8 FINDINGS OF FACT AND CONCLUSIONS OF LAW "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS cl~ P F~~ P"'~ ~^ ~~ ~~ • Meridian Planning & Zoning June 14, 1994 Page 2 Shari's comments. Rountree: Thanks Gary. Johnson: Okay, what do we need to do here. Rountree: Mr. Chairman, I make a motion that we pass a favorable recommendation on this preliminary plat to the City Council conditioned on the developer addressing the comments from City Staff. Shearer: Second Johnson: It is moved and seconded that we recommend approval based on conditions of City Staff, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #2: TABLED AT MAY 10, 1994 MEETING: FIRE LIGHT ESTATES PRELIMINARY PLAT BY RUNNING BROOK ESTATES AND NUBBLE ENGINEERING: Johnson: Any questions, concerns, discussion regarding this item? Hepper: Probably the same questions to Gary and Shari that we just had, are they comfortable with everything that has been presented to them? Johnson: Would you like those people to comment or Gary to comment? Hepper: Please Johnson: Same question Gary or Shari. Smith: Mr. Chairman, Planning & Zoning Commissioners, the applicants engineer did revise the preliminary plat and has resubmitted that to me and they have addressed those items that t had ques#ioned at the time of my review of the preliminary plat. Hepper: At the time we had some questions about a homeowners association on the landscape lots near the entrance and the width of the berm area, has that been addressed? Smith: Yes, they have shown that as a separate lot now and it is 20 foot in width. ~ • Meridian Planning & Zoning June 14, 1994 Page 3 Hepper: And the fence along the road will be built by the developer not by the homeowners? Smith: That would probably be part of, I don't know if this one is subject to the development agreement but that is a condition of approval. t would expect that would be included in that. Hepper: I think it was at the time we were discussing it. Smith: They have made the revisions that I had requested on the plat. Johnson: Any other questions of the City Engineer? Entertain a motion. Hepper: Mr. Chairman, I move that we recommend to the City Council that they approve the preliminary plat for Fire Light Estates with the stipulation discussed, and that Shari's and Gary's concerns be addressed and that the developer be responsible for building fence along the entryway and not the individual homeowners. Rountree: Second Johnson: It is moved and seconded that we recommend approval of the preliminary plat based on the conditions so stated by Commissioner Hepper, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED AT MAY 10, 1994 MEETING: TURTLE CREEK SUBDIVISION PRELIMINARY PLAT BY STEEL AND SON AND JUB ENGINEERS: Johnson: Same situation, same procedure. Questions of either Shari or Gary Smith? Alidjani: If they don't have a problem with it, that is the only question I have. Smith: Mr. Chairman, Planning & Zoning Commissioners, the applicant's engineer Gary Lee resubmitted the preliminary plat containing the requested revisions that I had in my comments. Alidjani: Thank you Gary. Johnson: Anything to add to that Shari? No, thank you, we need a motion on item #3 as well. MERIDIAN PLANNING & ZONING COMMISSION MEETING: June 14.1994 APPLICANT: RUNNING BROOK ESTATES AND AGENDA ITEM NUMBER: 2 RUBBLE ENGINEERING REQUEST: TABLED AT MAY 10.1894 MEETING: FIRE LIGHT ESTATES PRELIMINARY PLAT AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETI`LERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS d~`~ o~"' .~v ~as~ Me~~ ~~ ~ ~ s ~,;~~ ~ ~ OTHER: ~,. ~~ Meridian Planning & Zoning May 10, 1994 Page 9 law as prepared, roll call vote. ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Rountree: Mr. Chairman, I move that we pass a favorable recommendation onto the City Council. Shearer: Second Johnson: It has been moved and seconded to pass a favorable recommendation onto the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS Of FACT AND CONCLUSIONS OF LA1Al FOR- FIRE =:1.1.G1~T ESTATES ANNEXATION .AND. ZONING REQUEST WITH A PRELIMINARY PL~A-T~Y RUNNING BROOK ESTATES INC.: Johnson: Page 14, item 17 we still have the "net" "not" in there, I thought we had it taken care of? Crookston: I did Johnson: Are there any other changes? Hepper: Mr. Chairman, we had some discussion there at the time of the meeting about setting up a homeowners association to maintain the common area rather than leaving that to individual homeowners. We also had a question about the width of a landscape berm. I don't know if there needs to be any further discussion on that. Johnson: Well, it is not a public hearing. Hepper: Well, 1 wondering if the other commissioners had any thoughts on that? I personally don't think that leaving the landscape berm area up to the individual property owners is the best way to go on that. Johnson: Did we address that in the findings, what page? Rountree: It is on page 12, bottom of item 9. • Meridian Planning & Zoning May 10, 1994 Page 10 Hepper: What about the berm, is it mentioned? Crookston: No • ~ Johnson: That is not the type of wording you like, is that what you are saying, or what are you saying? Hepper: That is fine on that. I think we need to also address the landscape berm, because as I remember they had a very narrow landscape berm. Johnson: Is that specifically addressed Wayne? Crookston: No it is not. Hepper: Could that be passed onto City Council to address the landscape berm? Crookston: It could or you could amend the findings. Rountree: It actually says that they will enter into an agreement to address landscaping. Johnson: Do you want to amend that? Hepper: Yes, I want to amend item 9 towards the end where it says the development agreement will also address landscaping and berm width add berm width along Ten Mile Road. Johnson: Alright, and the rest of it is satisfactory to you? Hepper: Yes Johnson: I will entertain a motion then. Hepper: Mr. Chairman, I move that Meridian Planning & Zoning Commission hereby adopts and approves these findings of fact and conclusions as amended. Rountree: Second Johnson: It has been moved and seconded that we approve the findings of fact and conclusions of law as prepared by the City Attorney with the one amendment regarding the berm width, roll call vote. • • • Meridian Planning & Zoning May 10, 1994 Page 11 ROLL CALL VOTE: Hepper -Yea, Rountree -Yea, Shearer -Yea, Alidjani -Yea MOTION CARRIED: All Yea Johnson: Recommendation to the City Council. Hepper: Mr. Chairman, I move the Meridian Planning & Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the annexation and zoning as stated above for the property described in the application with the conditions set forth in the findings of fact and conclusions of law and that the applicant and owners be specifically required to the all ditches, canals and waterways and install pressurized irrigation system as conditions of annexation and that the applicant meet all the ordinances of the City of Meridian, specifically including the development time requirements and enter into the required development agreement and that if the conditions are not met that the_ property be de-annexed. Shearer: Second Johnson: Moved and seconded, all those in favor? Opposed? MOTION CARRIED: All Yea Hepper: Mr. Chairman, I move we pass on a favorable recommendation with respect to the preliminary plat. Alidjani: Second Johnson: Moved and seconded to pass on a favorable recommendation. Rountree: Just a point we would like to see the plat amended to include the landscape berm and width since it doesn't at this point in time and a common lot. Hepper: Does that need to be addressed now or can that be amended by staff? Johnson: Either way, do you want to change your motion or let your motion stand. Hepper: I think I would like to withdraw my motion, I think I would like to see a preliminary plat that is revised to show those things. Johnson: Re-state it if you' wish. r • • , Meridian Planning & Zoning May 10, 1994 Page 12 Hepper: I move that we hold on the preliminary plat until we see a revised preliminary plat until the next meeting. Johnson: Is that a table of this item until the next regular meeting? Hepper: Yes, the next meeting, I'm not sure what the date is. Johnson: It would have to be for our next regular meeting it is too late for our special meeting. Hepper: What is the date of our next meeting? Johnson: June 14, we have to table it to a date sir. Hepper: Table it until June 14 Alidjani: Second Johnson: It is moved and seconded that we table action on the preliminary plat until we receive a revised plat and address that at our next regularly scheduled meeting on June 14, 1994, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ROBERT GLENN ANNEXATION AND ZONING REQUEST BY ROBERT GLENN: Johnson: You have the findings of fact in front of you, are there any corrections, any discussion? Rountree: As I recall the applicant indicated they would pursue looking at possible additions to or improvements adjacent to the existing park at the northeast end of the subdivision, I don't see anything in the conclusions addressing that. Crookston: There aren't I didn't recall that. Johnson: 1 didn't hear your comment Wayne. Crookston: It is not addressed in the findings 1 didn't recall that. Johnson: Would you like to include that in your motion? • • MERIDIAN PLANNING & ZONING COMMISSION MEETING: MAY 10. 1994 APPLICANT: FIRE LIGHT ESTATES AGENDA ITEM NUMBER: 6 REQUEST:__ _ FINDINGS OF FACT AND CONCLUSIONS OF LAW A EN Y COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: . ~ ~~ a~~~ V~a~~~, fs ~ r U~d I ~~ l~ ~~ ,r,,~ iti~ I ~~ ~rP r k~~ k~r~~, YQ U~ SP ~°". . y~ i • • Meridian Planning & Zoning April 12, 1994 Page 20 Rountree: Mr. Chairman, I make a motion that we pass a favorable recommendation onto the City Council on this Conditional Use~Permit. Crookston: We need findings of fact. Rountree: In addition to that motion I move we prepare findings of fact with a favorable recommendation to the City Council. Alidjani: Second Johnson: It is moved and seconded that we have the City Attorney prepare findings of fact and conclusions of law and include in that a favorable recommendation to the City Council, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: PUBLIC HEARING: ANNEXATION AND ZONING WITH A PRELtMtNARY PLAT FOR FIRE LIGHT ESTATES BY RUNNING BROOK ESTATES INC. AND HUBBLaE ENGINEERING: Johnson: I will now open the public hearing, if there is a representative for Fire Light Estates please come forward and be sworn. Gene Smith, 9550 Bethel Court, was sworn by the Attorney. Smith: The proposed subdivision of Fire Light Estates consists of 27 lots on 8.1 acres for a density of approximately 3.3 dwelling units per acre. We are requesting a zone change, annexation, and preliminary plat approval. The site is located south of Ustick on Ten Mile Road. It is surrounded by R-4 zoning on practically all 4 sides, therefore the compatibility of the zoning fits into the existing conditions. The applicant is proposing a minimum 1500 square foot homes in the range of S 115,000 to S 165,000. The access to this project would be off of Ten Mile and also through the proposed Englewood Creek subdivision to the north. All the streets are proposed to be built to ACHD standards. The sewer will be connected to the north through the proposed Englewood Estates subdivision. Water will also be connected through Englewood Subdivision as well as looped out onto Ten Mile. And the comments that I felt had merit were those comments from Gary Smith and I would like to address those specifically item #2. I'm sorry item #3, verify the lot 14 and 17 block 2 have 8,000 square feet, we will have all of these lots have minimum square footage. Item #5, lots 10 - 13 on block 2 don't have an 8,000 square foot, we had originally proposed a 15 foot landscape buffer strip adjacent to Ten Mile Road by reducing that • • Meridian Planning & Zoning April 12, 1994 Page 21 to a 10 foot landscape buffer strip these lots would have the 8,000 square foot usable area. Which I feel would be an acceptable proposal. The other major issue on Mr. Smith's comments was the fact that the project is in a zone AE flood zone. Currently that flood zone is being worked on with the project to the north in order to eliminate that flood zone a new culvert will be installed under Ustick and a letter of map revision will be applied for with FEMA to take the entire area out of the AE zone. Johnson: Does that conclude your remarks? Smith: Yes, do you want me to answer any other questions? Alidjani: Mr. Smith, Item #2, there is a concern that some of the lots are not 80 foot frontage, you didn't mention anything about item #2, I am curious. Smith: On the curve sections, I believe that is what he is referring to. Alidjani: Well he is referring to Lot 2, Block 1, Lot 14, Block 2, Lot 3, Block 1 and Lot 13, Block 2. Smith: Specifically he was requesting the building setback to be back 45 foot for the minimum width. It does not have minimum street frontage that is correct. Alidjani: So, did you address that for item #2 on that plat or is that still as Gary has seen it before? Smith: Nothing has changed. Alidjani: Thank you Hepper: Would the sidewalk, would that be in the landscape easement, would that be a 5 foot sidewalk? Smith: The landscape easement on Ten Mile, that landscape easement is outside of the proposed right of way. Hepper: Okay, so the sidewalk would not be included in that 10 foot easement. Curb, gutter sidewalk and then 10 foot easement. Would there be a homeowners association to maintain that? Smith: It is proposed that it is a landscape easement on each of the individual lots, so that there would not be separate homeowners association. And they would • • Meridian Planning & Zoning April 12, 1994 Page 22 address within the CC&R's that those homeowners would be responsible for the maintenance of that landscaping. Hepper: Would they have to keep their fences Smith: On the easement line. Hepper: The back of their property line, the easement would not be included in there in their fencing area. In other words you would not come up to the sidewalk. Smith: That is correct and I would propose reducing that to 10 foot so you do have the 8,000 square foot of usable lot area. Hepper: Would the developer put in the grass and shrubs and sprinkler system and all of that and then turn that over to the homeowners? Smith: They would put in the initial landscaping yes. Hepper: What about sprinkler system, would there be 1 sprinkler system for that whole strip or would each homeowner be responsible for watering that strip strictly adjacent to their property? Smith: Well, I think you would really have to tie it onto each property, where you don't have a single, a homeowners association to run the system. Each property owner would have to be responsible for landscaping and maintenance thereof. Hepper: Would there be shrubs and trees along there or just strictly grass, what do you have in mind. Smith: They are intending on, the developers are intending on putting the initial landscaping including some shrubs and trees and making a requirement within the CC&R's that the homeowners be responsible for bringing up landscaping on their entire property to a specific minimum. Any other questions? Johnson: Any other questions of Mr. Smith? Thank you, this is a public hearing, anyone else from the public like to address the Commission at this time? Seeing no one I will close the public hearing. Mr. Smith, Gary Smith, with respect to the comment regarding the frontage, can I have your input on that please and any other comments that you have. Eng. Smith: Mr. Chairman, Commission members, the lot, flag lot, the definition of ~' ~ y • • Meridian Planning & Zoning April 12, 1994 Page 23 a flag lot as I read it from an ordinance (inaudible) and none of these lots in my opinion resemble a flag and therefore by ordinance an 80 foot frontage is required unless a variance is granted by the City Council and one has not been applied for that I know of. The 40 foot chord dimension applies to culdesac lots and it applies to lots that are on bulbs and I think we have gone through this before. Where some proposals have been made to reduce the frontage of lots that are on a curve in a street for one reason or another. This is my opinion of what a flag lot is and what flag lot is not. A flag lot does have an allowed 30 foot frontage if it is a true flag lot. These lots in my opinion are not flag lots, therefore they should be 80 foot frontages win compliance with the R-4 zone. The other thing I should mention, I didn't mention it in my comments in listening to the testimony all of the other subdivisions that I am aware of on Ten Mile Road and on Cherry Lane Road have provided a landscape buffer common area between the lots and the roadway. Ten Mile road is scheduled to be a 90 foot road right of way which is a 5 lane system. That is a center turn lane and 2 lanes in each direction for travel of vehicles. Candlelight subdivision which is shown to the east of this subdivision I believe has a 20 or 30 foot common lot that they provided with a tall berm and a fence. I think that everybody realizes that there will be a significant amount of road noise from this 5 lane roadway. I would suggest that some consideration be given to providing a buffer for that noise as well as a side buffer. I think you can all remember the problems that we had with Crestwood subdivision on Franklin Road. I don't personally think that was a correct solution but, because I think in time to come those people are going to which that there was a berm there to shield that. Did I answer your question on the frontage? Johnson: Yes you did, I expected that answer that is why I asked, I appreciate that. Eng. Smith: One more thing I might mention, we do have a sewer interceptor that travels along the south and west side of this subdivision. And it is very critical that the sewer interceptor not be fenced into the backyards of these lots. We need to maintain that 20 foot easement that we have over that sewer line. And that is a major interceptor and so we have to maintain access to that. The plat, even though the property goes to the center of the ditch, the plat, I guess it doesn't go to the center of the ditch, but anyway the plat needs to reflect that there will be no fences built, fencing that sewer off. Alidjani: Gary, I have a question, is that right between Candlelight and the other subdivision that is below that, the ordinal curbs and gutters because of the future expansion of Ten Mile. One has curbs and gutters and the other one doesn't sidewalks. Eng. Smith: Right, I think the Highway District changed their attitudes toward the • • ~ . Meridian Planning & Zoning April 12, 1994 Page 24 improvements with the advent of the impact fee structure. They are requiring sidewalks be constructed by not curb and gutter, they will come back later and improve that as the street is widened. Johnson: Any discussion? Any further questions? Rountree: I have the same concern as Gary on the landscaping on Ten Mile and being consistent, being under the control of the Homeowners association and some continuity in the appearance. As far as the zoning it is consistent with what is going on around it. I have some reservations about the preliminary plat however. Alidjani: Wayne, do you have a definition on the way you define the ordinance for flag lots and not a flag lot, do you have any comments on that? Crookston: Well, just as Gary said, excuse me a flag lot resembles a flag and you have a minimum amount of frontage. Johnson: When you are talking flag you are talking pennate, triangular as opposed to the American flag for example. Crookston: Well, it could be either way. And these do not appear to be flag lots to me either. Johnson: Is it the Commission's pleasure to take some action at this time. Shearer: I move we have the City Attorney prepare findings of fact and conclusions of law for this project. Johnson: Is there a second, if not the motion will die for lack of a second. Hepper: Mr. Chairman, I will second it, although I do have some reservations on the preliminary plat. Johnson: We can address those considerations in the findings of fact at that time. That is probably appropriate to have findings of fact. We have a motion and and a second, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: We will take a 5 minute break. • MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 12. 7994 APPLICANT: RUNNING BROOK ESTATES INC. AND AGENDA ITEM NUMBER: 7 RUBBLE ENGINEERING REQUEST: ANNEXATION/ ZONING AND PRELIMINARY PLAT FOR FIRE LIGHT ESTATES AGEN Y CITY CLERK: CITY EINGINEER: ~d.~11~7~ 4~III94 CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS f~~ ' y ~ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: SEE ATTACHED COMMENTS IDAHO POWER: SEE ATTACHED COMMENTS US WEST: ~0~` ~ ~~2) q~ INTERMOUNTAIN GAS: BURL=AU OF RECLAMATION: SSE ATTACHED COMMENTS OTHER: