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Landing Subdivision No. 7 FP (The)_.~ 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 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 RECEI~1~~ Planner JIM JOH SONnistrator Phone (208) 888433 ~ FAX (208) 887813 Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 ~ !' ~ _ ~ ~3J~ GRANT P. KINGSFORD v J Mayor CITY OF MERIDIAN 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, may we have your answer by: June 14 TRANSMITTAL DATE: 617/94 HEARING DATE: 6121/94 REQUEST: Final Plat for The Landin4 No. 7 Subdivision BY: _ Skyline Development and Tom Eddv LOCATION OF PROPERTY OR PROJECT: 1/2 mile south of Franklin JIM JOHNSON, P2 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, 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: HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA CITY OF MERIDIAN WALT W. MIORROW 5l'°NT BYj~ ,, ~~ f`-. - ! r ~. ~ ~ . PACIFIC. 1.~.ND tit)RV~YORS May 15, 1994 Sherri Stiles Meridian City Planning 8a Zoning 33 East Idaho Avenue Meridian, ID 83642 Subject: The Landing No. 7 Subdivision Dear Ms. Stiles, This final plat of The Landing No. 7 Subdivision conformso ~~ Tt lee Way waspadded tto plat and meets all requirements and conditions thereof. S Smith, and by the Ada the final plat at the request of the Meridian City EnginEer, G~aty County Highway District. All of the requirements and provisions of this ordinancor~as ~ ~ ~CCe~table engineeringof The Landing No. 7 Subdtvision and this final plat conf architectural, and su-veying pt'actices and local standards. Sincerely, PACIFIC LAND SURVEYORS a division of POWER Enbincers, Inc. ~w ~ Charles W. Eddy 5~7-94 ~ 1 ~ 50PD1 2~)0 No~'th M~tplc Gruvc Rued ppll'ER ENGRS BO15E-~ • Bc)isc, lU 837U4 (208) 378-6380 1+AX (208) 378-0025 .,~,~ surveyors, 1 division of PQWER Engineers, tnc., an Ld~~ho Cc~rporatton • • REtJUEST FOR SUHLJIVISION APPkOVAL PRELIt1INARY PLAT AND/UR FINAL PLA'J' PLANNING ANU ZONING COI•IMISSIOTI TIt9E TABLE FOR 3UBMISSIOM: A request for prelirnir~ary plat ac,ps•ovai must be in the ~~ity Clerks passessiori no later than, three days iollor~ing the regular meeting of the Planning and Zoning Commission. 'fhe Planning and Zoning Cornrnissior~ will tear the request at the monthly meeting following the month the r•eyuest uas made. Alter a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures ar,d documentation are received beia•re 5:vJ0r. t7. , Thursday follawing the Plarrnir,g ar,d Zoning Cornrnission action. GENERAL INFORMATION CALNOUAJ f .bH~ 1. Name of Anne:tation and Subdivision. 7~ LAnJflinJb ltlo 7 2. General Location, ~? mttF_ $o,•nt op FRa~xL,N .~• Owners of record. Jn>!,~ CAL!lOytU ~ ~atlYhcp A In~lAl~o~ ~ Address, la(c0 .ra Ll,~Pat; Zip 8~6 aTelephone $8$' /~~~ ~- Applicant, hX~~/A1E ~tlOPrn>-~T f~Address, ~ON(n~/ 6~1~RV ~ Ct ~l~ 7/0 ~• Engineer, Tttt FDDy Firm l~~FlC LAND $NRYEY Address 0790 Al I??AP[E CRWE .Zip 3 0 Telephone 37$-(~3$D 6. Name and address to -receive City billings: Name 5KV!-/NE 00 TIER ~DNNSOnI Address_ ,~~~ 6,teu~RCE ~ ~~ 110 1~E~ tD 8370y Telephone 37~- y/OL/ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres • /~ 37 2. Number of lots ~ _. • O• Lots per acre ~.J~ ~• Density per acre 3.J~ S• mooning Classification t s J R"y Rr • • E. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mil what is the existing zoning classification -~Y~~- 7. Does the plat border a potential green belt h'r 8. Have recreational easements been provided for Ivy 5. Are there proposed recreational amenities to the Citjy 'cS Explain_~_Lni n(,~X~i* ~~i~~ t. I' PI~~A: ,.=1 s7.;rfcs.ti+•rd lfo- Are there proposed dedicati~ons• of common areas? J ~l N~:'k•r f~~fSx E:~plain For .future parks? Explain 11. What school c s) service the area /lti,~~t,p,~'~.•J propose any agreements for future school do you sites ~~ Esc p 1 a i n ~_~L-ifO~> i_ ~ i 5 ~ -1t r ~• •r f~ e~f ,~ i iii is 1 ~. ~T~ i~ A.' ~ i i„TE ~i ~ r tf b. ,~ 12. Other proposed amenities to the City 7'J'C~!~z't~` Water 5u 1 pp Y - '~''!'L-s.-~ -Q -~ ~ Fire Department S1'-e.•c~,. y~~c.~..~Zciv~ -Other . Explain i-~• TYpe uz Building < Residential, Cummercial, Industrial ur combination) 14. Type of Dwelling (s) <Single Farnil}~, Duple:•ces, Ptultiplexes, other 15. Pr•opased Development features: a. Minimum square footage of lot (s) , _~ ~ b. I9inimum square footage of structure (s) l~ aL1D Eger Na,~ A . c. Are garages provides for. Tw» cRrt square footage d. Are other coverings provided for ~/a e• Landscaping has been provided for Describe cc'.. w«.~- (2) • • f- Trees will be provided for ~ e TreE., will be maintained ~ G-i.% 9• Sprinkler systems are provided for ~c?~_.= h• Are there multiple units ~~-~ Type remarks i• Are there special set back requirEments ~~~ Explain J• Has off street parking been provided for% , E :plain k• -Value range of property. (~p~y~,L ~G.- /S5 dOA `~ 04A 1' Type of financing for development ~t~~ !~r}n!K m• Protective covenants were submitted ~arn~ F'~~,n ~r ~ S . Uaze_~~lb:itlo- j-t~ 16. Does the proposal land lock other property /~ ~ Does it create Enclaves /~f'O STATEMENTS OF COMPLIANCE: 1• Streets, curbs, gutters and sidewalks are to be cans to standards as •required by Ada County Highway Distr1CtcaeQ Meridian Ordinance. Dirnensians will be detErrni•r,ed by the City Engineer. All sidewalks will bE five (5) feet in width. ?• Proposed use is iri canfar•rnar,cE with the City of Merridian ' Comprehensive Plan. :~• Develaprn,er~t will car,nect to City services. ~. Developrner,t will comply with City 0r•dinances. ~• Preliminary Plat will include all appropriate easements. b• Street names must not conflict with City grid system. i3) WAP;R~ITY DEED FOR VALUE RECEIVED Edward A. Johnson and Janice M. Jatmson. Aas>bartd A iiife GRANTOR(S), do(es) hereby Grant, Bargain, Sell and Convey unto Skyline Development, An Idaho Limited Partnership GRANTEE(S), whose current address is: ]0464 (~rverdale Ct., Ste. 710, Boise, ID 83704 The following described real property, more particularly described as follows, to wit: SEE A1TA(~IED EXHIBTT 'A'. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and their heirs and assigns forever. And the said Grantor(s) do(e~ hereby covenant to and with the said Grantee(s), that Grantor(s) are (ilh the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: Mav 16. 1~4 Ethracd A. Johns ~ __-, " J nine N. Johnson 9'fU`~G%+i~ S'fA7'E OF IDAIiO ) CUUN7Y OF ADA ) On the 16th day of 1"~Y Beforc tne, a Notary Public in and for said Sate, personally appeared Edward A. Jdmsan S. Janice M. Johnson known or idemified to be the person(s) whc~~~~ arc (is) ~'~~8~~~,~~he xubscribed to the within inslnltnenl, and 1 executed the same. ~.~ ^ _••' ~. ~,',~uo~°~eoe~~ ~'~^r~n ' ~..`~ .,. ii~. ..~..) ee~ ce~P- '9-i fl//iii ~"l 'ril ~ 1G FEE . b - ~ .. C.~Q!"^'"y"_ Notary ' ~ ; Residing at: BDiSer My Commission Expires: 1013/ _ ~ -ERAIBIT "A" 11 tract of land in the Northwest quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, lying southerly of the center-line of the Kennedy Lal-eral, being more particularly described as follows: • Beginning at the West quarter section corner of Section 13, Township 3 bleat, Range 1 bleat, Boise Meridian, 11da County, Idaho; thence NorL-!r along Hie Went aide of said Section 13, 707.93 feet to a point on the center-line of the Kennedy Lateral; thence South 56°05'05" East along said center-line 192.55 feet to a steel pin; thence South 77°24'50" East along said center-line, 98.02 feet to a steel pin; thence South 81°30'05" Eaet along said center-line 597.89 feet to a steel pin; thence Sout}t 60°42'35" East along said center-line, 164.23 feet to a steel pin; thence South parallel l-o tl~e West aide of said Section 13, 412.39 feet to a steel pin on the mid-section line; thence ' tlortli 89°53'10" West along said mid-section line, 990.00 feet to the PLACE OF BEGINNING. EXCEPTING THEREFROM: A parcel of land being a portion of the Southwest quarter, Northwest quarter, Section 13, '1'ownaliip 3 North, Range 1 bleat, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at an iron pirr marking the Southwest corner of the said Southwest quarter, Northwest quarter, Section 13; thence Plortli 00°00'35" West 344.00 feet to a P.K. nail being THE REAL POINT OF BEGINNING; thence continuing North OU°00'35" West 363.93 feet to a P.K. nail marking the centerline of Kennedy LaL•eral; tlierrce leaving said Westerly boundary and along the centerline of said Kennedy Lateral SouL-li 56°05'40" East 192.55 feet to a point; thence South 77°14'25" East 98.02 feet to a point; thence South 81°3U'40" East 148.80 feet to a point; thence leaving said centerline of the Kennedy lateral South 00°00'35" East 212.83 feet to an iron pin; thence South 89°59'23" West 402.55 feet to the POINT OF BEGINNING. EXCEPT Ditch and Road Rights of Way. Form 4100 .. . ' ~.ua File,No.: 693-19807 V1iAR NTY DEED ~L ' FOR VALUE RECEIVED ~ ~~~s~E~j~F R JOHN W. CALHOUN and COLLEEN J. CALHOUN, husband and wife A(~.' " ^. ?!:CORDER GRANTORIs), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto EDWAR6~A~SJFOHNSON and JANICE M. JOHNSON, husband and wife ' 94 JflN 21 PP 2 GRANTEESIsI, whose current address is: 5330 Farrow St. Boise, Idaho 83704 the following described real property in Ada County, State of Idaho, FEE .__ Dc more particularly described as follows, to wit: RECORDED i:T i Flt '~ EST OF See attached exhibit "A" which by this reference becomes a part hereof and is comprised of one (1) page. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Granteels) heirs and assigns forever. And the said Grantorls) doesldo) hereby covenant to and with the said Granteels), that Grantorls) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Granteels); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantorls) will warrant and defend the same from all lawful claims whatsoever. Dated: January 20, 1994 W. Calhoun Colleen J. Calho n STATE OF Idaho ,County of Ada , ss. On this `~Q day of January in the year of 1994, before me; the undersigned, a Notary Public in and for said State, personally appeared JohnaW:'Calhoun and Colleen J. Calhoun known,~?~'ideFitified'toirle to be the persons whose names are 6ucribed to tf~evcwjthin'instrument, and acknowledged to the atryt+~i• ~dtt d the:same. r. ., Name: Lois B gtje-son V . ~' • Resid~ng~t: Bplsl~~. ' My commission expires: 03/23/99 Boise Title & Escrow, Inc. - - -EXH-IBIT "A" 11 tract of laced err the Northwest quarter of Section 13, Townahip 3 North, Range 1 bleat, Boise Meridians, Ada County, Idaho, lying southerly of the center-line of the Kennedy Lateral, being more particularly described as follows: Deginnirrg at tkre West quarter section corner of Section 13, Townahip 3 West, Range 1 bleat, Doise Meridian, 11da County, Idaho; thence North along ttre Wes L• side of said Section 13, 707.93 feet to a point on the center-line of the Kennedy Lateral; thence South 56°05'05" East along said center-line 192.55 feet to a steel pin; thence South 77°24'50" East along said center-line, 98.02 feet to a steel pin; thence South 81°30'05" East along said center-line 597.89 feet to a steel pin'; thence Soul_-lt 60°42'35" East alotrg said center-line, 164.23 feet to a steel pin; thence Sout_-ir parallel to tl~e West aide of said Section 13, 912.39 feet to a steel pin on the raid-section line; thence Nort}r 89°53'10" F7est along said mid-section litre, 990.00 feet to the PLACE OF BEGINNING. LXCLPTIDIG 'i'IiEREFROPd; n parcel of land being a portion of L-ha Southwest quarter, Northwest quarter, Section 13, 'r'ownsitip 3 rJortll, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more partic~clarly described as follows: F3eginrring at an iron pity marking the Southwest corner of the said Southwest quarter, Northwest quart_-er, Section 13; thence f7ortlr 00°00'35" West 344.00 feet to a P.K. nail being THE REAL POINT OF BEGINNING; thence continuing P7ortlr OU°00'35" west 363.93 feet to a P.K. nail marking the centerline of Kennedy Lateral; tlrecrce leaving .said Westerly boundary and along the centerline of said Kennedy Lateral SouL-!r 56°05'40" East 192.55 feet to a point; thence South 77°14'25" East 98.02 feet to a point; thence South 81°3U'4o" Ea©t 148.80 feet to a point; thence leaving said centerline of the Y.ennedy lateral South 00°00'3S" East 212.83 feet to are iron pin; thence South 89°59'23" West 402.55 feet to the POINT OF BEGINNING. EXCEPT Ditclr acrd Road Rights of Way. Form 4100 .. ~ .. .. ~ _ , a lbb ~ i ~ ORDINANCE N0. 351 ~ AN ORDINANCE AMENDING TITLE IX, CHAPTER 6, ENTITLED SUBDIVISIONS, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, BY ADDING THERETO A PROVISION RELATING TO THE TILING OR FENCING OF IRRIGATION DITCHES, CANALS OR LATERALS. ~I 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 amend Title IX, I Chapter 6, Section 9-607, General Requirements of Subdivisions. - I NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Section 9-607 is hereby amended by the addition thereto of the following section to be known as 9-607 (5), which shall read as follows: 9-607 (5) Tiling or fencing of irrigation ditches, laterals or canals. -- A11 irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to an area being subdivided shall be covered, or if not feasible, then fenced with an eleven (11) guage, covered (2) inch mesh chain link fence, or other construction equivalent in ability to deter access to said ditch', lateral or canal, at least six (6) feet in height and securely fastened at its base at all places where any - part of said lands or areas being subdivided touch either or both sides of said ditch, lateral or canal. -The City may waive the requirement for covering or fencing such ditch, lateral or canal if it finds that the public purpose requiring • l such, will not be served in the individual case. Any covering or fencing program involving the distribution system of any irrigation district shall have the prior approval of the affected district. No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. Section 2. WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall take effect and be in force from and after its passage, approval and publication as required by law. PASSED by the City Council and approved by t Mayor of the City of Meridian, Ada County, Idaho, this 4th day of September, 1 9. or ATTEST: ana L. Niemann, Cit Clerk ~~ cc: Codifiers AIC j Minutes ~_ • - • Sk line CORPORATION September 21, Iy~5 Mayor Grant F. Kings~brd City of Meridian 33 ~as~t Idaho Ave, Meridian, IH 83642 Re: Tiling of Kennedy Lateraf Dear Mayor Kingsford: We are proceeding with the tiling of the Kennedy Latera tiling project together, two issues have arisen. The first boundary of The Landing No. 7 is the center line of the only half the lateral. Tiling is not only required for our property owner(s) on the north side of the lateral when t Comers" ordinance pertaining to tlling of waterways is th direction, Wayne Forrey has begun to draft such an ordn Council approval shortly. ~~P _---- ~~~~ ,t~° y~Zd ~' ~,~~ - _~j~s The second issue which has arisen is as follows: The Ker our Landing No. 7 project for approximately 1200 feet. approximately .610 feet of the lateral with Mr. Cary Forr'; yellow of the attached plat), and we co-own 326.67 feet o~ me iaterai with the lot owners of the already developed Landing No. 4 (marked in pinkj. We did not develop The Landing No. 4. It appears that the developer for phase 4 was not required by the City to file the Kennedy along phase no. 4's frontage. However, we are being required by the City to dle our frontage. The City's decision to not require one entity, but later require another entity (Skyline) to file that same section of ditch (all under the same ordinance) is inconsistent and appears arbitrary. Which raises the issue at hand: If the Kennedy Lateral is to be tiled for that 326.67 foot section, who is to pay for the Landing No. 4 (pink) half of it? A late comers condition is not possible for the 326.67 feet because the development of phase 4 is complete. We firmly hold that we are not responsible for tiling the North half of the 326.67 feet. The approximate per foot cost of tiling this ditch (materials only) is $60.00. Thus, the cost of one-half of the 326.67 feet would be approximately $9, 800.00. There seems to be only two possible solutions. First, the City or Nampa-Meridian pays for the tiling of one-half of the 326.67 feet, or second, the ditch is not tiled for that 326.67 feet. 10464 GARVERDALE CT., SUITE 71O • Boise, IDAHO 83704 • (208) 377-4104 • FAx (208) 376-6908 G~~ ~~ ~ ~ v~~ e. ~~ ~/ • • Your prompt attention and reply regarding this matter is appreciated. Sincerely, /~ Tucker .Johnson Vice President - . _ _._ -. .._._ -- --...~--° ----- 208906 K/7 BaMt of lnsho P. 01 ~~~ jy/J~ ~~I• CommenNd d Intemtllonsl bervloea ~ 70Z Waattdaho i Bafse, Idaho 13702 m ft~tp laVq,A HV pIyNO lEINw Of DIIIOm LIw Of muom NV tlNW01A aNT afD.uiO UI NV RIDYq~H Mwp~1a0111 a~wpuao ¢, Wrp,pyq Yn Mw i p ,p,,, MV piaYgm Nwplauom Nw pwwD t + 5 Q ~~ ~ APRIL 17, 1995 € ~~ ~ ~ ;~~ ~ j @a ~ WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT 'NO 21-1497 IN ~ 's~ j ~ ~ FAVOR OF CITY OF NIERIDLAN, 33 EAST IDAHO STREET, MERIDIAN, ID ACCOUNT OF EDWARD A. JOHNSON 6 JANICE M JOHNSON WYV 10484 . 2, FOR THE V Q g~ ~ °~ . , , #710, BOISE, ID 83704, UP TO THE AGGREGATE AMOUNT OF EK3HTY TWO ERDALE CT., USAND FIVE $ a HUNDRED TiiIRTY AND N0/100 U.S. DOLLARS (:82,538.00) AVAILABLE BY DRAFTS D ENEFlCIARY'S ~ Q •' ~~ ~ RAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO 3TREE BOISE IDAHO 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: , ~ ~ g ~ i ~ i ~~ p 1. BENEFICIARY'8 STATEMENT SIGNED BY AN AUTHORIZED REPRESEN CITY OF MERIDIAN CER AT1VE OF THE TIFYING THAT DUOTE, THE DEVELOPER HAS D AULTED AND a I ~g ~ FAILED TO PERFORM THE COMPLETION OF ONE OR MORE OF E FOLLOWING 9 & IMPROVEMENTS A3 REQUIRED JN THE DEVELOPMENT OF THE LAN SUBDMSION ~ { ~ ~~ ~ ! ~ ~ ~ ~ ~ s LANDSCAPING: $ 9,900.00 v FENCING: 7,425.00 e TILING IRRIGATION DITCH: 64,600.00 ~ ~ ~ e WALKWAYS: 805.00 ~ ~ ~ ~ ~ sarae~oaaaaa~ TOTAL' $82,530.00 UNQUOTE. Q • ~ PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTAL DRAWING S ' , LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMO THE ORIGINAL T ~ ' 6 ~ THIS LETTER OF CREDIT IS EFFECTIVE APRIL 17 18~ PAID. g € 9 a ~ ' , . WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE tJOL ORAFTS DRAWN UNDER AND INCOMPLIANCE WITH THE TERMS OF']} I S~C R3 ~ THAT ALL ~ 9 ~ ( ~ WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRA A T SHALL MEET MENTS AS ~ .;~~ ~ SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BAkVKIh1~}~; 111E$T I BOISE IDAHO 837 AHO STREET , 02. ~ r \`` ~ ,) , ~€ ' ~ THIS LETTER OF CREDIT EXPIRE8 APRIL.a~,'1~8,~A1t~.d~IR CO~iNTERS. a S ~ s ~ ALL BANK CHARGES OTHER THQSE.`OF KEY, K•.bF~1pAFfQ`~1RE FO B N ~' ' ACCOUNT OF ~ ~ E EFICIARY. ~,,~' .' ! ; , ; i ; , ~ ~• : ! ;~s ~ EXCEPT ~ ~ AS OTHERWISE PROVIDED HEREIN, 1}fIS, •LE?7TER OF CREDIT IS SU UNIFORM ECT TO THE ~ ~~ ` a CUSTOMS AND PRACTICE FOR DOCUNjENTARY CREDITS, 1 INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO 50o WHIC _ 3 REVISION, Q ~~~ ~ . , H IS I C INTO THE TEXT OF THIS LETTER OF CREDIT BY THIS REFERENCE. ORPORATED ~~ a 4 ~ ~ KEY BANK OF IDAHO ~ ~ ~ ; ^ ~ 9 ~ s ~ e s / II :.. `% ANN J S ~ ~ a i . ~. KIM L ~-• V P & MG~ ~ . . NATIONAL INTERNA OVAL OFFICER or ~o.x uwnowom w.. n oua m ~ p axno.n aut a owom av~a nao maw a aww m• nvaava Ifl uwor nwm>w a IWIq m wva nwom~aw CUSTOMER COPY a WYp m aw p wnurawarAwo u~ -w enmw.r Fac invoice Invoice Number: 95-114 Date: )une 6,1995 `Cit~- of Meridian 33 East Idaho ~, Meridian, ID 83642 (20888-4433 Fait (20887-4813 T0: Slryline Development Company 10464 Garverdale Ct, Suite 110 Boise, ID 83104 Mail to (if different address): Qn, DESCRIPTION UNIT PRICE TOTAL I Recording fee for Development Agreement for The landing No. 7 39.00 I; 39.00 2 Legal notice of P.H. for P & I for Preliminary Plat for The landing No.1 28.52 I 57.04 2 legal notice for P.H. for [/[ for Preliminary Plat for The landing No.1 22.94 I 45.88 ~ 2 legal notice for P.H. for [/t for Variance for The landing No. l 24.18 '18.36 2 Legal notice for P.H. for [/[ for Variance for The Landing No. l 14.40 28.80 0.00 0.00 SUBTOTAL 219.08 TOTAL DUE 5219.08 Y • ~ _. • DEVELOPMENT AGREEMENT ;. ~ .., .. ,3~ e~ 4..,~ _ `~~~~~~ THIS AGREEMENT, made and entered into this S- day of~ ~'~`/-~- • " ~ ~- ``' 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and SKYI~N)/ DEVELOPMENT..; COMPANY, party of the second part, hereinafter called the "DEVELOPER", whose address is 10464 Garverdale Ct ,Suite 710. Boise. Idaho 83704. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or 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, 11-2-416 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 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 before 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, 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 1 WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 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 1,300 square feet of floor space, exclusive of garages, for Lot 13, Block 8; Lot 1, Block 9; Lots 24-30, Block 6; and Lots 13-18, Block 12. All other lots shall have a minimum of one thousand four hundred (1,400) square feet, exclusive of garages. 3. That the property zoned RR=4, described in "Exhibit A", shall have buildable lot sizes of at least eight thousand (8.000) square feet (except for Lot 13, Block 12), 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 as shown on the approved final plat, which is incorporated herein as if set forth in full herein. 5. 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 imgation 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 or 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, 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 2 • i fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. 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 (15) 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, gutter and sidewalk 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, gutter and sidewalk, 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 any 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 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 3 portions, or the entirety of said improvements need to be 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 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 Occupancy 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 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 4 i • 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 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 advances will not be used for any other purpose. The CITY shall 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. 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 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 5 ~ i 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~X will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occup.~X 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 SKYLINE DEVELOPMENT COMPANY City of Meridian 10464 Garverdale Ct. , Suite 710 33 East Idaho Boise, ID 83704 Meridian, ID 83642 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. 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 6 • DATED the date, month and year first appearing. DEVELOPER: SKYLINE DEVELOPMENT COMPANY ~~~ 7 _ ~ ; Name: E hn n % ~ ~' ~~~~~ ,~1 ,~~ Title: President r ~: /"~~~- By: Name: T k r hn Title: Vice President CITY OF MERIDIAN ,~G c~a ,,. ~~3~~ _ Grant P. Kingsford, ayo ~-~ '9G ~'' ,,~ OQ o~, j~~`"~'~" ""'``~~ William G. Berg, Jr., Ci C erk 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 7 • STATE OF IDAHO ) County of Ada ss. On this 3 ~~ day of MAC , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Tucker M. Johnson, known, or proved to me, to be the person whose name is subscribed to the within instrument as the attorney in fact of Edward A. Johnson, and acknowledged to me that he subscribed the name of Edward A. Johnson thereto as principal, and his own name as attorney in fact, also being the Vice President of Skyline Development. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. .• F R ~ '••. ~ fiG ~~ w '~~ `o(J \G oS~ (SEAL) ~ B ti ~ ,~?~~ ~ , '•~~,,,f3F~~~~,,. STATE OF IDAHO ) County of Ada ss. at: MF~,t~iA~ . ~No Expires: 4 - Z9 - Zooo On this 3'~ day of Mp-`( , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD 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. _ (.SEAL) ~ ~ G '~ ~~ ADO ~~+ ~' ~ ~''`- ~ry Public for Idaho ding at: ~P~ ~'~~ a ~ Commission Expires: o 3/30/95 THE LANDING SUEDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 8 My Commission • EXHIBIT "A" . PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-0025 PROJECT: 143050 DATE: July 15, 1993 DESCRIPTION FOR SKYLINE DEVELOPMENT, INC. LANDING SUBDIVISION PHASE NO.7 A PORTION OF THE NORTHWEST 1/4 SECTION 13 TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN MERIDIAN, ADA COUNTY, IDAHO A parcel of land being a portion of the Northwest 1/4, Section 13, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at an iron pin marking the Southwest corner of the said Northwest 1/4, Section 13, said iron pin being the REAL POINT OF BEGINNING; thence along the Westerly boundary of said Northwest 1/4, Section 13, North 00°00'35" West 344.00 feet to a p.k. nail; thence leaving said Westerly boundary North 89°59'23" East 402.55 feet to an iron pin; thence North 00°00'35" West 212.83 feet to a point marking the centerline of Kennedy Lateral; thence along the centerline of said Kennedy Lateral South 81°30'40" East 449.09 feet to a point; thence South 60°43'10" East 164.27 feet to a point, said point being an angle point in the Westerly boundary of The Landing Subdivision No. 4 as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 62 of Plats at Page 6219; thence along the boundary of said Landing Subdivision No. 4 which is also the centerline of the Kennedy Lateral South 61°26'59" East 269.50 feet to a point; thence South 52°41'29" East 57.17 feet to a point; thence leaving said centerline of the Kennedy Lateral and continuing along the boundary of said Landing Subdivision No. 4 North 53°28'06" East 203.58 feet to a point; thence North 75°31'05" East 50.40 feet to a point; point; thence North 82°42'53" East 100.00 feet to a point; thence leaving said boundary of Landing Subdivision No. 4 South 14°50'47" West 80.04 feet to a thence South 07°33'55" East 33.65 feet to a point; thence South 29°47'08" East 80.20 feet to a point; thence South 27°52'38" West 115.00 feet to a point; thence North 89°50'04" West 49.09 feet to a point; Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ' ~' • • thence South 00°09'56" West 111.73 feet to a point; thence North 89°50'04" West 177.46 feet to a point on the Southerly line of the said Northwest 1/4, Section 13; thence along the Southerly boundary of said Northwest 1/4, Section 13, South 89°59'23" West 1,326.82 feet to the point of beginning. Comprising 14.37 acres, more or less. SUBJECT TO: All existing easements and road rights-of--way of record or appearing on the above-described parcel of land. Prepared by: LAND SURVEYORS John T. (Tom) Eddy, P.L.S. JTE:smg ~~ • • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND SKYLINE DEVELOPMENT COMPANY The Landing Subdivision No. 7 is comprised of 50 single-family dwelling units with an overall density of 3.48 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, specifically including the Kennedy Lateral, and submit approvals and/or executed license agreements from appropriate irrigation district/downstream water users. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, and extend and construct sewer and water lines through to outermost boundaries of the property. 3. Construct curbs, gutters, sidewalks and streets to and within the property in accordance with Ada County Highway District and City of Meridian standards. 4. Dedicate the necessary land from the centerline of Linder Road for public right-of-way, including any necessary bike lanes, to meet Ada County Highway District and City of Meridian standards. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space Corridors), and L. (Pedestrian Bike Pathways). 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct a minimum twenty-foot (20') landscaped berm along Linder Road to be maintained by the Homeowners Association. 9. Provide pressurized irrigation to all lots within this subdivision. 10. Provide perimeter fencing prior to construction unless specifically waived in writing by the CITY. EXHIBIT "B" 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 1 of 2 " ~' • • GENERAL POWER OF ATTORNEY On this 1st day of March 1995, we the undersigned Edward A. Johnson and Janice M. Johnson, Husband and Wife of Boise, Idaho do hereby appoint Tucker M. Johnson, our son, of Boise, Idaho as our Attorney-In-Fact to act for us and in any manner in our behalf to do any lawful act whatsoever as if we, jointly or severally, had personally performed the act. This power of attorney is without limitation, enabling Tucker M. Johnson to do, as examples, sign any legal document which we ourselves could sign both for personal matters as well as matters pertaining to our businesses including, but not limited to, The Skyline Corporation and Skyline Development Company, the dealing with buying, selling, mortgaging or borrowing against real or personal property, dealing in any manner with our bank accounts, stock investment accounts or any other matter. This document shall continue in full force and effect for 5 years from the date above unless sooner revoked. Edward A. Johnson 3-/-95 Date ~3-/-95 J~iee M. Johnson (/ ~ 5 ~) 1 ~ ~ 3 ~! Date State of Idaho) _/ )//~~r`''~- `'~~ . County of Ada) ! ~ 5 ~~ 1 Fi l [ ~ t ~-~ , `~ r ~ ~~ ~~ On this 1st Day of March, 1995, befo~~e,=a_I~-otary.public ' id State, personally appeared Edward A. Johnson and Janice M. Johnson, Husband a~i~~ife; Known to met a tlt~e ipersons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. 1,/,~;(,fl~ Notary Public Residing at: My Commission Expires Boise, Idaho 10/13/1999 ''`;asset::etsl30~~ :~ `, '~ "'ate ,f~°c'. . ~ ~ ~ . ; . L ~. „~ t:' ,. ~. .,; . n ±. c.+ U ~~ ~; ~ .~ n ~~ e ~ ., r£ ~. ;J ~c 0~„~~ e~~ ~.r... ~....,. ~~~-:;.~ 'v~ l il~ ~~~///J t ! - IIC,v ,. .,v ~_ .., ..._ - • Meridian City Council April 4, 1995 Page 12 Kingsford: I think that is probably an excellent idea and I don't know why we don't just approve it based on that and then it moves forward as soon as they bring that in we are ready to roll. That is a good point Walt. Do you know Frank if you folks have been in contact with both of the Alidjani's, are they on board to do that? (Inaudible) Kingsford: Is there a motion then to that effect? Morrow: Mr. Mayor I would move that the City Council empower the Mayor and the City Clerk to sign the Historic Places Nomination Agreement subject to receipt from both Alidjani's a document from them requesting this and acknowledging the permanency of this nomination, and that the nomination will not if their eamest money falls the nomination and the status of this building will remain the same. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of the Mayor and the City Clerk to sign the Historic Places Nomination agreement conditioned upon receipt from both Alidjani's of their agreement to this particular nomination agreement and recognizing if their earnest money sale does not go through that they will still be obligated and the building will still have that designation, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: DEVELOPMENT AGREEMENT: THE LANDING SUBDIVISION N0. 7: Kingsford: Is the Council comfortable with that, do you have questions? Is it your desire to table? Morrow: I don't have any desire to table, I would yield to Shari and Wayne in terms of are we pretty well squared away here? Crookston: This was on my desk when I got here, I have not reviewed it. Morrow: I would move to table until the next meeting. (Inaudible) Crookston: I reviewed this one? I have reviewed one of these. • Meridian City Council April 4, 1995 Page 13 • Stiles: I made the changes that you had put on that on your copy and then gave a copy to Tucker Johnson. That is what he just signed and sent back. That was the one that had a comment about 1400 square foot minimum for the entire plat. Crookston: With the difference in the lots and things like that and they agreed with that?' Stiles: We talked about some of this was previously platted and that this portion of the property that was in the old preliminary plat they would have that 1300 square foot minimum and the remainder of the lots would be 1400 minimum. Crookston: As long as they have met my comments and Shari says they have that is fine with me. Kingsford: What is the Council's pleasure? Tolsma: (Inaudible) Kingsford: Well I think that wouldn't be inappropriate to condition upon Wayne's review and approval and approve me and Will to sign it conditioned upon the Counselor's positive review. Morrow: Okay, Mr. Mayor, I move that we approve the development agreement for the Landing Subdivision No. 7 subject to review and approval by the City Attorney, that we authorize the Mayor and the City Clerk to sign the development agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the development agreement for the Landing Subdivision No. 7 conditioned upon the positive review of the City Attorney and authorizing the Mayor and the City Clerk to sign those documents after positive review, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: NON-DEVELOPMENT AGREEMENT WITH BRIGHTON CORPORATION: - -- Kingsford: Questions or comments about that? Tolsma: (Inaudible) Kingsford: Yes • • MERIDIAN CITY COUNCIL MEETING:__ APRIL 4.1985 APPLICANT ITEM NUMBER; 12 REQUEST; DEVELOPMENT AGREEMENT FOR THE LANDING SUBDNI$ION NO 7 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 d~ `~~ ~` ~Pos~'V~ ~. ~Q~Y~J ~QJ~ ~r~~ 6ti~~~ ~ OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and SKYLINE DEVELOPMENT COMPANY, party of the second part, hereinafter called the "DEVELOPER", whose address is 10464 Garverdale Ct., Suite 710, Boise~Idaho .83704. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or 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, 11-2-416 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 of that certain property described iri Exhibit "A", and requested zoning of lZ~ 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 before 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, 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 1 • • WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 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, inconsideration 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, 300 square feet of floor space, exclusive of garages, for Lot 13, Block 8; Lot 1, Block 9; Lots 24-30, Block 6; and Lots 13-18, Block 12. All other lots shall have a minimum of one thousand four hundred (1,400) square feet, exclusive of garages. 3. That the property zoned t~-4, described in "Exhibit A", shall have buildable lot sizes of at least eight thousand ($~QQQ) square feet (except for Lot 13, Block 12), which is the size represented at the City hearings, and shall meet all of the requirements of the R=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 as shown on the approved final plat, which is incorporated herein as if set forth in full herein. 5. 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 or 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, 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 2 • fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, cross drains, street, street surfacing, street signs, and bamcades as well as any and all other improvements shown on the Subdivision Improvement Plans. 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 (15) 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 imgation lines and their individual building service lines, the curb, gutter and sidewalk 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, gutter and sidewalk, 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 any 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 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 3 • • portions, or the entirety of said improvements need to be 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 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 fording. 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 Occupa~ 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 foral, 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 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 4 • • 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 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 advances will not be used for any other purpose. The CITY shall 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. 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 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 5 • 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 Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occu cv 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 SKYLINE DEVELOPMENT COMPANY City of Meridian 10464 Garverdale Ct.. Suite 710 33 East Idaho Boise~ID 83704 Meridian, ID 83642 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. 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 6 • • DATED the date, month and year first appearing. DEVELOPER: SKYLINE DEVELOPMENT COMPANY By: w Name: n n Title: President By: Name: Title: Vice President CITY OF MERIDIAN By: Grant P. Kingsford, Mayor By: William G. Berg, Jr., City Clerk 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 7 • STATE OF IDAHO ) County of Ada ss. On this ~ day of r~ , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward A. Johnson and Tucker M. Johnson, known, or proved to me, to be the President and Vice President 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 day and year ~in this `~ ~ifl~~e first above written. as°°4 `j P A ~' ~r°a® •+~ W °C ~ °° ~' P PIs 4 ° Notary Pu is ~nr, I ~ ° ~ 'W '~ ° ~ o ~~ p ~" q Residin at: 1 ~_ L (SEAL) ~ p U ~ ~~`r~ ~ n ~ My Commission Expires: i~ 13~ ~1 °~aooc'~~' ~+e,y~' +~~aQOCacaui9° STATE OF IDAHO ) ss. County of Ada ) On this day of , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD 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. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 8 • • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND SKYLINE DEVELOPMENT COMPANY The Landing Subdivision No. 7 is comprised of 50 single-family dwelling units with an overall density of 3.48 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, specifically including the Kennedy Lateral, and submit approvals and/or executed license agreements from appropriate irrigation district/downstream water users. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, and extend and construct sewer and water lines through to outermost boundaries of the property. 3. Construct curbs, gutters, sidewalks and streets to and within the property in accordance with Ada County Highway District and City of Meridian standards. 4. Dedicate the necessary land from the centerline of Linder Road for public right-of-way, including any necessary bike lanes, to meet Ada County Highway District and City of Meridian standards. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space Corridors), and L. (Pedestrian Bike Pathways). 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 8. Construct a minimum twenty-foot (20') landscaped berm along Linder Road to be maintained by the Homeowners Association. 9. Provide pressurized irrigation to all lots within this subdivision. 10. Provide perimeter fencing prior to construction unless specifically waived in writing by the CITY. EXHIBIT "B" 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 1 of 2 • • I1. Construct a pedestrian walkway to the property to the south in accordance with City Ordinance Section 11-9-606.B.11 [(with the exception pathway will be nine feet (9') instead of ten feet (10')) to be owned and maintained by the Homeowners Association. EXHIBIT "B" 3/30/95 THE LANDING SUBDIVISION NO. 7 DEVELOPMENT AGREEMENT Page 2 of 2 • GENERAL POWER OF ATTORNEY On this 1st day of March 1995, we the undersigned Edward A. Johnson and Janice M. Johnson, Husband and Wife of Boise, Idaho do hereby appoint Tucker M. Johnson, our son, of Boise, Idaho as our Attorney-In-Fact to act for us and in any manner in our behalf to do any lawful act whatsoever as if we, jointly or severally, had personally performed the act. This power of attorney is without limitation, enabling Tucker M. Johnson to do, as examples, sign any legal document which we ourselves could sign both for personal matters as well as matters pertaining to our businesses including, but not limited to, The Skyline Corporation and Skyline Development Company, the dealing with buying, selling, mortgaging or borrowing against real or personal property, dealing in any manner with our bank accounts, stock investment accounts or any other matter. This document shall continue in full force and effect for 5 years from the date above unless C~ sooner revoked. Edward A. Johnson 3-/-95 Date ~ -~ y5 M. Johnson (/ ~ 5 ~) 1 ~ ~ 3 7 Date ~; -., _ ~ .._ SGcS~ ,.? State of Idaho) ^/ v e1 `"'~ ~'~ ` ' f •. County of Ada) ~ 1~jF( [ j ~' ~ ~ r (~~ ! ~ `, ~ ~~ h~~ On this 1st Day of March, 1995, befo{`~t~e,=a-i~ry.Public ' aid State, personally appeared Edward A. Johnson and Janice M. Johnson, Husband a~i~~'ife,~ Known to me ~ llte:persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. ~./~~-cam Notary Public Residing at: My Commission Expires Boise, Idaho 10/13/1999 e° ~ ~~ "'~ ''~a .~ . ~, .. ~, ~ ~, ~) ~i. ~ ", ; .. - .1. c: •_l .~: ,. M1 . o r. ... 1.- U ` °~ O +f .~ :. ~rrfriYllflY`~' CENTRAL •• DISTRICT a'%~ } ~ ~~~ PI'rHEALTH ~,~of~ER,D,~~ DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG PL. • BOISE, ID 83704-0825 (208) 375-5211 • FAX 321-8500 To prevent and treat disease and disability; to promote kealthy lifestyles; and to protect and promote the health and quality o/our environment. 95-143 April 12, 1995 DAVID NAVARRO ADA COUNTY RECORDER 650 MAIN STREET BOISE ID 83702 RE: THE LANDING NO. 7 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on APRIL 12, 1995. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, ~-~~ ~ ~' Thomas E. Schmalz, .H.S. Senior Environmental Health Specialist cc: Tom Turco, Director OF Environmental Health HUD Skyline Development Inc. Keith Jacobs City of Meridian Starving Valley, Elmort; Boist; and Ada Counti~ ADA /BOISE COUNTY OFFICE 707 N. Armstrong PI. Boise, ID 83704-0825 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 32 7-7450 Nutrition: 327-7460 WIC: 327-7488 WIC BOISE • MERIDIAN EUNORE COUNTY OFFICE 1606 Robert St. 520 E. 8th Street N. Boise, ID 83705 Mountain Home, ID Ph. 334-3355 83647 Ph. 587-4407 324 Meridian Rd. Meridian, ID. 83642 Ph. 888-6525 EUNORE CouNTY OFFICE OF ENVIRONMENTAL HEALTH 190 S. 4th Street E. Mountain Home, ID 83647 Ph. 587-9225 VALEEY COUNTY OffICE 703 North 1st P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 APR 1 0 X995 CITY OF MERIDIAN 7?.a~rr~ia & ~l~~rdiak ~~r~eigatioo~ Dt~ict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Tucker M. Johnson Skyline Corporation 10464 Garverdale Court, Suite 710 Boise, Idaho 83704 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Letter of Intent for The Landing No. 7 Subdivision Dated 6 April 1995 Dear Tucker, Nampa & Meridian Irrigation District's Board of Directors approved District participation in the tiling of the Kennedy Lateral through the above mentioned subdivision. The Directors agreed that if the developer paid for all materials, the District would use its manpower and machinery to construct the pipe line. The eight foot joints of 48 inch reinforced Class III concrete pipe will need to be on site on or near 15 October 1995, so that we can commence the work as soon as possible after the end of the 1995 delivery season. The relocation of the fence will have to be addressed in an addendum or in a new License Agreement and will have to be approved by the Board of Directors at a regularly scheduled board meeting. I do not believe that it would be possible for the fees to be waived for the agreement as the Irrigation District is a tax supported entity and we do not have funds for this application. If further discussion is required, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bill Henson ~C~i-tp-of Meridian Ada County Development Services Rider 5 Fl le APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 April 1995 • April 6, 1995 John Anderson . Nampa-Meridian Irr. Dist. 1503 First Street South Nampa, ID 83651-4395 2083766908 P. 01 ~ • Sk lime YORPORATION - r gg gg~~ ~IrC~S~IrL ' AFR 1 0 13g5 CITY OF MERIDIAN Fax: 888-9859 Re; Letter of Intent for The Landing No. 7 Subdivision and Kennedy Lateral Dear Mr. Anderson: This letter is to serve as a Letter of Intent in that Skyline Development will purchase the quantity of pipe needed for the dlirig of the Kennedy Lateral which, in part, traverses through the above subdivision and which, in part, traverses along the boundary of the above subdivision. It is uur understanding that upon completion of the tiling of this 1,200E foot portion of the Kennedy Lateral, that the current encroachment fence line as defined by license agreement, instrument number 94077274, will be modiCed with an addendum or superseded by a new license agreement to allow further encroachment into the district's (NMID) claimed easement to a line parallel with and approximately four feet (4') from the centerline of the then installed pipe. The exact distance of the expanded encroachment line from the centerline of the pipe will be defined in the addendum or new license agreement. We request that any legal fees for the addendum or new license agreement be waved. Sincerely, ~~ /d~~ `~~ Tucker M. Johnson Vice President Lill ~ ~ qX v ~D ~' APR 1995 NAMpq & MEAIDIAN IRRIGATION DIST-.SHOP 11~4h4 GARVERDALE CT.; SU17'E 710 • Boise, IDAHO 83704 • (208) 377-4104 • FAX (208) 376-6908 1 ~ ~ ~- C/L S. TINDER ROAD 5 00'00'35' E BAS/S O/ ~1 ~ ~ ~ i i , . 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C - ~. -<, ~ ~~ ~ ~ti C w ~ 0009'96' E ~ 4•b ! =: ~ ~ . / '~• n Z ~ ~u ~ ° ~ ~ ° ~ ~ ~1/~ $ „g e~~ ~ ~ y >F s F t0 v ~ ~ o P N ~ • S p, S ~ ~ p ~. old f ! .~' Of O ~ 1 j0 O ~~ 4~ a 70.00 ~7 /7 ~3 25.20 1 Gj 1~2 ~ p 2y ~ ~s ooo.oo t ~ ~ 7 m 4r a °~ & 1i2'n 25.20 ~ r^ ° ' ~~,Lcn N ooo9'SS E o71e ~ / ~ v is.oo 11 . ~ ti~ eat ~ til` d1' 5 00.09'56" W ~'N u2 a ° ~ 8 0^'• / 111.73 (Y! ~ ~ '~ v Ill g o N "' sl? n o! ss olr C~ Meridian City Council March 7, 1995 Page 5 • under the conditions stated herein, that the variance of the planting strip shall be granted under the conditions stated herein. If the applicant agrees with these findings and conclusions and submits the required plan that if the applicant is not in agreement and submits a letter so stating this variance is denied. Kingsford: Is there a second? Yerrington: Second Kingsford: Moved by Ron, second by Max to approve the decision, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR A VARIANCE REQUEST FOR THE LANDING N0. 7 BY SKYLINE DEVELOPMENT: Morrow: Mr. Mayor I would move that we adopt the findings of fact and conclusions of law as written. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the findings of fact and conclusions of law as written for the variance request for the Landing No. 7 by Skyline Development, roll call vote. ROLL CALL VOTE: Morrow -Yea, Corrie -Yea, Yerrington -Yea, Tolsma -Yea MOTION CARRIED: All Yea Kingsford: Is there a motion on the decision? Corrie: Mr. Mayor, I move that we approve the decision as stated, that it is hereby decided that the variance request to allow one lot in the R-8 subdivision not to be 8,000 square feet is approved but the applicant shall place the pedestrian pathway adjacent to the lot 12, Block 12 of the Landing Subdivision No. 7 and shall meet the ordinance requirements for the pathway. Tolsma: Second Kingsford: Moved by Bob, second by Ron to approve the decision, all those in favor? Meridian City Council March 7, 1995 Page 6 Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE #695 -REPEAL AND RE-ENACTMENT OF 2-1001: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING SECTION 2- 1001A OFTHE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN AND RE-ENACTING SAID SECTION PROVIDING FOR THE ADOPTION OF THE UNIFORM FIRE CODE AS AMENDED WITH THE CHANGES TO SECTION 2.303, 4.108, AND 10.507H ARTICLE 78, .ARTICLE 79 AND THE ADOPTION OF THE FOLLOWING APPENDIX, 2F, 3A, 36, 3C, 5A STANDARDS, 6A HAZARDOUS MATERIAL CLASSIFICATION, AND 7 UBC REFERENCE TABLES; AND PROVIDING FOR AN EFFECTIVE DATE. This for public information is the Uniform Building Code and Fire and Life Safety Code adoption with those amendments. Anyone from the public like to have that ordinance read in its entirety? Morrow: Mr. Mayor, can we have some background as to what the changes are going on here. We didn't have anything in our packet, there was no information here to indicate why we are repealing and then re-enacting. I personally would like to know (inaudible). Kingsford: Counselor, can you address that or the Fire Marshall. Voss: What is it you don't understand there Walt? Morrow: Why are we repealing? Kingsford: What those exceptions might be? Morrow: What is it we are repealing and why are we repealing that and then we are re- enacting aportion. What is the difference, what is the change? Voss: Without a copy of it, which I don't have in my hand right now, basically what we are doing is changing from the number of occupancy in certain apartment housing, hotels, motels, enacting a sprinkler ordinance to sprinkle buildings that are above a certain level of occupancy, heights, and get protection to the public that is living in these rented apartments. This transpired in Nampa, we are trying to following suit. I look forward to it being adopted throughout the state. Morrow: What does the code currently say, what is the difference in height and occupancies in the code currently? • ~~~~~D 1503 FIRST STREET' SOUTH NAMPA, IDAHO 83651.4395 FAX # 208.888.6201 Phones: Area Code 208 Gary Smith City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 OFFICE: Nampa d66.7861 Boise 343.188x. SHOP: Nampo 466.0663 Boise 345.2x31 Re: The Landing No. 7 Subdivision/Kennedy Lateral Piping Proposal Dear Gary: I am writing this letter in regard to our telephone conversation of 27 February 1995 and to clarify my 7 February ].995 letter to Mr. Tucker Johnson. The flows for the Kennedy Lateral that were provided the engineer were based on a year in which Nampa and Meridian Irrigation District could provide a full one incn per acre to every delivery. A margin of approximately 15 per cent for evaporation water was included. These calculations were used to obtain the size of the pipe in case that we ever have need to deliver this amount of water. However, with the urbanization within the area, the odds of the District ever running maximum flows are slim. Even with the known surface run-off upstream Prom The Landing No. 7 Subdivision, I do not believe that the District would have a problem with the ditch over flowing during a rain storm. Therefore, in order to clarify what I had written prior to this, I believe that a 48 inch pipe is adequate and I believe that it will work quite well. If the pipe line is installed according to approved plans, Nampa & Meridian Irrigation District will assume responsibility for the operation and maintenance. If Further discussion is required, feel free to contact me. Since ely, ~- ohn P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Tucker Johnson, Skyline Development Bill Henson Rider 5 File APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS • 23.000 BOISE PROJECT RK,HTS •x0,000 208 888 PAGE.02 ~1 '95 16 49 1 March 1995 Wayne S. Forrey, AI~ Urban Planner and Development Analyst ~ 52 East Franklin Road -Meridian, Idaho 83642 Comprehensive Planning i 25 January 1995 City& Regional Plan Updates Citizen Participation Shari Stiles, Zoning Administrator City of Meridian communay 33 E. Idaho Ave. Relations Meridian, ID 83642 Grow[h Management Dear Ms. Stiles: Plan Implementation Zoning, Annexation & Development Ordinances Code Analysis Land Development Planning & Negotiations Infrastructure Planning Revitalization Plans Economic Development Community Development Finance Analysis Fiscal Implications Funding Strategies Public Policy Evaluation Project Management Contract Planning Services to Cities & Counties Telephone (208) 887-6015 Fax (208) 887-6049 ~ a N 2 5 195 CITY OF MERIDIAN During early 1994, I reviewed the final plat of the )F.anding #'~ Subldivi~~while I was. the acting City of Meridian Planning Director. I reviewed the Final Plat and determined that the block lengths complied with the Meridian Zoning Ordinance. I recall informing Skyline corporation that they did not have to change the plat ...that the block length was acceptable to the City. I hope this clarifies the block length situation. Please call me if I can help your office in any way. Thank you! R~erspectfully, Way'n~eS. Forrey, AICP l ~~~ Member; American Institute of Certified Planners -American Planning Association -Idaho Planning Association • • Meridian City Council June 21, 1994 Page 10 Morrow: I have one of the Counselor, have you reviewed the CC&r's? Crookston: I haven't. Morrow. Have those been submitted? Ewing: To the best of my knowledge they would be the same, have they been submitted? I don' t remember if they have been submitted, is that alright that they would have been submitted with (inaudible). Kingsford: They have been approved if that is the case. Crookston: I just don't recall. Morrow. Out of curiosity, does the homeowners association, does it set up a homeowners association, does it have the capability to levy dues? Ewing: Yes it does have homeowners association and yes they do have in the covenants the right for dues. Kingsford: Thank you Mr. Ewing, what is you decision. Morrow: Mr. Mayor, I would move we approve the final plat of Fothergill Pointe No. 2 by John Ewing subject to review and conditions set by Mr. Smith, Shari the City Planner and Wayne's review of the CC&R's. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of Fothergill Pointe No. 2 by Ewing company subject to approval of the City staff including the City Attorney's checking the CC&R's for conformance with the first phase, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #13: THE LANDING N0. 7, 51 LOTS BY SKYLINE DEVELOPMENT: Kingsford: Does the Council have any questions for staff or Skyline? Morrow: The only question I would have is a quick review by Gary of his comments, he has some 14 items on my comment page that I received from him today. • • Meridian City Council June 21, 1994 Page 11 Kingsford: Mr. Smith, do you have those that you can review those. Smith: Mr. Mayor, Council members, Councilman Morrow, I guess my second comment has to do with the Brundege Lateral adjacent to the north boundary and the amount of easement that is being shown on the plat is different than what the easement request was for by Nampa Meridian Irrigation District. I don't know if the developer has reached some kind of agreement with Nampa Meridian Irrigation for encroachment into their easement, but that would need to be addressed by the developer. If ,they have then we need a copy of that information from Nampa Meridian. Also, the net area of a lot with a ditch easement that is an open ditch easement needs to be 8,000 square feet in an R-4 zone. So, if the ditch is to be piped than and the easement reduced by Nampa Meridian then that area of the easement can be used as part of the lot area. At this point and I talked to Mr. Johnson the developer and his engineer about the necessity to pipe the ditch as the ordinance requires. I don't know what size that pipe is other than a 54 inch diameter CNV has been installed by the developer to carry the Rutledge under Linder Road. I don't know what size pipe would be required in the subdivision itself, but that would need to be addressed by the developer. There were several lots that didn't have the minimum 80 foot frontage and they were short by several feet. By the time those lots are widened to provide the frontage, it appeared to me that there may be one lot less than what is shown resulting from that increase in the frontage required. I know #9, there is one lot in block 10 it is labeled Lot #2 which actually is contiguous to 2 different streets, the one frontage is 80 feet, the other frontage is 50 some feet, so the front of the house will need to face the 80 foot frontage and my concern with the other frontage was the installation of a backyard fence. They won't be able #o fence out against their property line, they will have to move the fence back 20 feet from that property line. The only other thing that I noticed, and I talked to Mr. Johnson about this was that ACRD had recommended a stub street to the south as well as to the north in their comments that I had a copy of. Mr. Johnson indicated that he had in their tech review meeting that the Highway District had backed away form that requirement on the south side. I have not had a chance to talk to ACRD to verify that. The only thing I have in writing from them is that they required an access on both the south and north side of the subdivision. Tolsma: {Inaudible) Smith: The one on the north side accesses Gary Fores' correct. Tolsma: Now this South Pelican Way that wasn't the south access, that was (inaudible). Smith: South Pelican Way is actually in the original Landing preliminary plat. This piece of property is kind of an addition to the original Landing. It carries the same name and it is in the sequence of numbers for the subdivisions, but it wasn't part of the original Meridian City Council June 21, 1994 Page 12 preliminary plat. South Pelican Way was part of the original preliminary, it continues onto the south, loops around paralleling the Interstate boundaries. Kingsford: Any other questions of Mr. Smith? Morrow. I guess I am asking for comment, do these 14 some items with the emphasis on the 3 major items in your opinion constitute the need for a table? Would you feel more comfortable with a table is the better way to ask the question. Smith: Well, I guess the only question in my mind right now is this access road to the south that the Highway District had recommended it in their review of the preliminary plat, but Mr. Johnson informs me that they have not required it as a result of their tech review meeting. So, I guess if I had some clarification from them then I wouldn't have a problem with resolving the rest of these issues. I think the rest of the issues are just a matter of conforming to the ordinance requirements which would need to be done before I sign the plat. And Shari may have been in attendance at that tech review meeting. I am going to try and make a point of it to be down there on Friday mornings to these tech review meeting so I can get involved in those. Tolsma: (Inaudible) Smith: So we have a possible concern with the piping of this ditch. I don't know what the developers attitude is on that, but right now it is a pipable ditch according to the ordinance unless a variance is requested and approved by the Council to do otherwise. Kingsford: In which case then that would meet the lot size if it is piped? Smith: Yes, if it is piped then the lots can utilize the easement for the piped ditch as part of their area. Kingsford: The one lot that was a double front would be appropriate to make a note on the plat regarding fencing that. Smith: Correct and I did that. Morrow. Let me ask you a technical question, can this if it is tabled be tabled to the special meeting pending verification, or does it have to be published if it is on the table. I think the special meeting only allows those items specifically noticed, Counselor is that true? Crookston: That is correct • Meridian City Council June 21, 1994 Page 13 Kingsford: So it would be 2 weeks. Tucker, did you want to say something with regard to the tech meeting? Johnson: Mayor, members of the Council, my is Ted Johnson, we are aware of Gary's comments and I talked with him somewhat about it and have some response. I like what he says relative to going forward so that we can take care of those little details that are still pending there. I do have here a copy of, Gary you might want to take a look at this, item 4 there is the ACHD report on our requirements for the project that says there would be no stub street to the south required and there is a reason for that. The design of that street is not, is designed not to be a real heavy use street and if the property to the south were to funnel that it would make it a real heavy use street. The ACHD's opinion is that it ought to be funnelled to the east or to the west to Linder Road rather than to come through this access into this parcel and the second part of that is that on the back side we own property that will be a future addition to this project and on the east side of that 40 that lies south of us will provide an access through that way for it. So there is an access connecting relatively close but not directly into this short connector street. And that was the feeling that ACRD indicated in their findings. We did speak to the question of the easement, the lateral easement with Nampa Meridian we have (inaudible) the license agreement is in process: It was at their request that we put in the 54 inch in the crossing the activity was done before the water came in the ditches so we could forward in the course of the summer when we get through the paperwork. We have made an engineering study on the size of the pipe and we presented, we wrote a letter on the 10 of November, here is a copy of it directed to the Mayor and City Council to request for variance on that. We heard nothing back from it so we assumed that .after about that time, November December there was some discussion as to whether or not there would be variances granted above a certain size and we never did know what the outcome of that was so we never did file a formal form for a variance, but here is a copy of the letter we sent on the 10th of November asking for a variance on that basis. Kingsford: What was the sizing of that pipe? Johnson: The size of pipe that is in now is 54 inch based on our engineer studies that is what it needs in that section. Kingsford: It needs that through the subdivision? Johnson: Yes, our engineers do a study on that area and they came back and said a 54 inch pipe would be required. l have a copy of that here that we can present if we need to come back for a hearing as back up of what they are talking about. Kingsford: A dilemma then is going to be the lot size. Meridian City Council June 21, 1994 Page 14 Johnson: Yes, there is a point that I need to make on that as well, I covered this with Shari a month or more ago. This parcel that we are talking about (inaudible) Landing No. 7 includes more than just the 10 acres that we bought to get a connection back out to Linder Road it includes about 4 acres of a plat that is still existing and active for the balance of the Landing project. And that one is an approval of 70 foot frontages and 7,000 square foot lots. For that reason I wanted to make sure we didn't run into the discussion that we are having tonight. There is a line that runs through that plat if you can see if you have a copy of the plat right here. This red line is the line between the new part on this side and the old part on this side. These smaller lo# dimensions are on the this side where they were approved in the original plat some time ago. So, that is the reason for it and we were aware of it and we did discuss it with Shari some month and a half ago. So, I think all of these things can be worked out, we have addressed then and there may still be things yet to be accomplished. Either way we have addressed any way we know how. Johnson: Questions for Mr. Johnson? Tolsma: One, did Nampa Meridian Irrigation District give you a site size on this canal? Johnson: No, Mr. Tolsma they did not, they were not asked to but they did come out and walk the ground and told us where they would like to see the protections of a fence along the south side and leave open the north side along the ditch where there is a roadway which is in the nursery to the north of us where they get access for maintenance. We discussed all of those kinds of things that would go into the licensing agreement and they were of the opinion that they would like to see it left like it is. Except for adding the fences. Tolsma: Their consensus is that you can 54 inch also? Johnson: They have not run the numbers. It was the Power Engineering company that we retained to study the numbers and go through the flow though there and the levels and the rate of flow and all of that kind of engineering data. Tolsma: Well, it kind of threw me because we have never had a 54 inch the it has either been 48 or 60 according to Bill Henson that is out there he didn't want any the over 48 inches, 48 inches and above was detrimental to the safety of (inaudible). He says they only have 2 or 3 ditches in the area that are in excess of 48 inches and I don't remember this one here. When you said 54 inch that kind of threw me. Johnson: That is what the engineer specified so that is why we used it. Tolsma: Well, I was going by Nampa Meridian's specifications (inaudible). t would like to see what Henson has to say about it (inaudible). Meridian City Council June 21, 1994 Page 15 Johnson: Well, we would be glad to provide him with the study that our engineers did, whatever the procedure is. Kingsford: Mr. Smith your comments. Smith: Mr. Mayor, Councilman Tolsma, as I remember the Rutledge Lateral upstream at Elk Run Subdivision was a 48 inch pipe if I remember correctly. Tolsma: (Inaudible) Smith: The part that comes under the road, under Highway 69 is a 48 inch pipe. Tolsma: I think the Elk Run was supposed to (inaudible) Smith: Yes, it would be up to their north boundary which 1 don't recall. I believe that is right it is up to the (inaudible). But it seems to me that is was 48 inches at that point. I don't know if there is additional water that comes into that lateral downstream or not that would increase the pipe size requirement. I think Nampa Meridian needs to give us some guidance with the developers engineers calculations. Johnson: In our studies there was additional water coming in, we know that there is wastewater on every property down below there and it is also a flatter run. And consequently the flatter run doesn't have the velocity from up above. Smith: You don't have the klead to push the water through the pipe, you have to go to a larger pipe that is true. Tolsma: (Inaudible) Kingsford: That would be something that this Council has made that statement that 48 inches and below would be piped but that would not be and certainly that would be a condition on plat approval. Any other questions of the Council for either staff or Mr. Johnson? Morrow. The master covenants, conditions and restrictions cover this #7? Johnson: Mr. Morrow, we have not submitted the covenants at this point, they will be consistent with what we have in the other 6 phases. Morrow. And those cover a homeowners association? ~ . Meridian City Council June 21, 1994 Page 16 Johnson: They do Morrow. Dues capabilities and those types of things, and the pressurized irrigation issue is covered? Johnson: Yes it is covered, we are not using Nampa Meridian water we are using a well on the property to try and keep the water cleaner. Morrow. I have no other questions. Kingsford: Any other questions from the Council? What is the Council's pleasure? Morrow. Mr. Mayor, I would move we approve the final plat of the Landing No. 7 subject to staff approval, City Attorney review and approval of the CC&R's and a development agreement as it may be needed. Corrie: Second Kingsford: Moved by Walt, second by Bob to approve of the final plat of the Landing NO. 7 subject to staff approval, City Attorney's review of CC&R's and the development agreement and as necessary, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINCH CREEK SUBDIVISION , 45 LOTS BY CREEKSIDE DEVELOPMENT, INC.. (End of Tape) Kingsford: Council have any questions of Staff or the developer on that? Morrow. I would like to have Gary, Gary has 12 comments on his letter to us, i would like to have him address those. Smith: Mr. Mayor, Council members, the developers engineer has given me a letter addressing my comments and all of his comments answer my questions. We do apparently have one small item that we will need to work out and that is the width of the lot that caries the sewer line between Finch Creek and Howell Tract. It is a deep sewer, it is the interceptor, the South Slough Interceptor lines. I wanted to make sure we had adequate width if we ever had to access that thing. Technically we have been using 20 foot wide common area lots with an easement dedicated over that lot for the sewer line and • MERIDIAN CITY COUNCIL MEETING: June 21 1994 APPLICANT: SKYLINE DEVELOPMENT AGENDA ITEM NUMBER: 13 REQUEST: FINAL PLAT: THE LANDING N0.7 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 COMMENTS FORTHCOMING COMMENTS FORTHCOMING "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS r ~ , f~ ~~~ ~ ~/ P ~~ ~~ ~- ,~ ~ .~~ ~ ~P ~ ~~ B~ ~'R`~~ ~,~~ ~- P, a9~ ~r ~~ p~ I' ~ o ~ ASS ~"~ U~ ~~~ OTHER: • 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 A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor and City Council From: Gary D. Smith, PE i RE: THE LANDING SUBD ION N0.7 (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman • Planning & Zoning June 20, 1994 I have reviewed this submittal and offer the following comments for your information and or use as conditions of the applicant during the hearing process: This final plat generally conforms to the previously approved preliminary plat. 2. The Rutledge Lateral is adjacent to most of this subdivision's north boundary. Nampa & Meridian Irrigation District is claiming an easement 35 feet left and 20 feet right of ditch centerline looking downstream. The plat shows 10 feet left and 20 feet right of centerline for the length of ditch passing through the proposed subdivision. Any encroachment into Nampa & Meridian's easement must be approved in writing by them. 3. Unless the Council approves a variance to piping of the Rutledge Lateral it appears not enough easement is shown. Also the easement for an open ditch needs to be subtracted from the gross lot area such that the lot contains a net usable area of 8,000 square feet minimum. Lots 12-14, Block 11 and Lots 25-32, Black 5. 4. Submit a "final plat" street name approval letter from Ada County. 5. A common area landscape lot needs to be provided adjacent to Lot 1 -Block 12 and Lot 2 - Block 11. 6. Minimum lot frontage must be 80 feet. Lots 3, 7 -Block 11; Lots 28, 29, 32 -Block 5 and Lot 15 -Block 12 are deficient. 7. Supply math closure for Lots 3, 7 -Block 5; Lot 13 -Block 8 and Lot 1 -Block 9 verifying a minimum area of 8,000 square feet. • 8. The adjacent area noted as The Landing No. 6 subdivision is in the wrong location. 9. Add a note stating: The front of a house built on Lot 2 -Block 10 must face south and a six foot tall backyard fence may not be placed closer than 20 feet from W. Waltman Drive's southerly right of way line. 10. Revise the minimum house size square footage note to 1400. 11. Add a note stating, "Direct lot access to Linder Road is prohibited except for Lot 1 -Block 11. (Verification from ACRD is needed for this.) 12. The lot numbering of Block 5 appears to be consistent with the Landing subdivision No. 4. The other Block and Lot numbers need Ada County approval. 13. Sheet No. 2 needs to be submitted for approval. 14. AC1=ID recommended a stub street to the south as well as the north in their preliminary plat review. . ,,~-. • HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer MAX YERRINGTON .EraBERT D. CORRIE CITY OF MERIDIAN GARY D. SMITH, P.E. City Engineer ~ }"'''' '~" ~"~~F ~-~ W~iLT W. MORROW ~ BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO ',4,r v..~ ~-' ~ SHARI STILES KENNY W. BOWERS, Fire Chief " MERIDIAN, IDAHO $3642 R tanner io Zoning Administrator ~ "~ ~~ ~ ~ '' ' GORDON, Police Chief W.L. "BILL JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Chairman -Planning 8 Zoning ' ~~ *r ~ ` - "' ~` Public Works/Building Department (208) 887-221 I ~ v i y e C,` ' GRANT P. KINGSFORD 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 City Council, may we have your answer by: June 14 TRANSMITTAL DATE: 617194 HEARING DATE: 6/21/94 REQUEST: Final Plat for The Landing No. 7 Subdivision BY: Skyline Development and Tom Eddv LOCATION OF PROPERTY OR PROJECT: 112 mile south of Franklin JIM JOHNSON, P2 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, 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 8- FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8t FINAL PLAT) CITY FILES YOUR CONCISE REMARKS: I~ ~. 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 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 l GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES ~,'~+ Planner & Zoning Administrator ~t~~~~ °y' ~OHNSON Chairman • Planning 8 Zoning .~ l1 I~ ~ U ~~~~ w, 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, may we have your answer by: June 14 TRANSMITTAL DATE: 6/7/94 HEARING DATE: 6/21/94 REQUEST: Final Plat for The Landin4 No. 7 Subdivision BY: Skyline Develoament and Tom Eddv LOCATION OF PROPERTY OR PROJECT: 1/2 mile south of Franklin JIM JOHNSON, P2 MOE ALIDJANI, 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(PRELIM 8t 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 8t FINAL PLAT) CITY FILES //~~ Q OTHER: (p `" ~0` YOUR CONCISE RE~RKS: • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN ~(.e~~d~~~s • ~ SUPERINTENDENT OF SCHOOLS Bob L. Haley ~`t EXCE! DEPUTY SUPERINTENDENT k !~ DanMabe,Finance&Administration ~' DIRECTORS ~~~\~~A 1 fn 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 ~2 Q ~~ June 14 , 19 9 4 ~E~~~~ ~-~ JUN 1 5 1~y4 City of Meridian ~~~~ ~~+ ~~>ur~r~tti~~ 33 East Idaho Meridian, Idaho 83642 RE: The Landing No. 7 Subdivision Dear Councilmen: I have reviewed the application for The Landing Subdivision No. 7 find that it includes approximately 51 homes at the median value of $100,000. We also find that this subdivision is located in census tract 103.12 and in the attendance zone for Meridian Elementary, Meridian Middle School and Meridian High School. Using the above information we can predict that these homes, when completed, will house 19 elementary aged children, 18 middle school aged children, and 14 senior high aged students. At the present time Meridian Elementary is at 110 of capacity, Meridian Middle School is at 130 of capacity and Meridian High School is at 116 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, %^e- Dan Mabe Deputy Superintendent DM:gr PRELIMINARY PLAT -~E LANDING ~#7 SUBDIVISION. January 28, 1994 Fage 2 ar~d ~:or right-of-way dedication a.ri 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 administrator prior to breaking ground, in accordance. with Ser_tion 15 of ACRD Ordinance #188. 4. Staff recommends that stub streets be provided. to the_--north,... and south sides of this project far future inter-neighborhood , connection when those parcels became redeveloped. The parcel i.n the northwest corner of this project is small enough so that it could be allowed its own street connection to Linder Road without a significant effect to the traffic flow. 5. This application is. scheduled for public hearing by the Mer.idi- do Planning & Zoning Commission on February 8, 1994. SITE SPECIFIC REQUIREMENTS: 1. Dedicate 30-feet of right-of-way from the centerline. of Linder Road abutting parcel (5 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 Linder Road abutting parcel. 3. Direct lot or parcel access to Linder Road (except Lot 45) is prohibited, in compliance with District policy. Lot access restrictions shall be stated. on the final plat. 4. Frovide stub streets (one each) to the adjacent parcels to the north and south. STANDARD REQUIREMENTS: 1. Street 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 Frofessional Land Surveyor, in compliance with Idaho Code,. Section 54-1215. • SUBDIVISION EVALUATION SHEET JU~1 Z 1 1~~~ C.~TY OF lt~~i~tll~~ Proposed Development Name THE LANDING SUB 7 City MERIDIAN Date Reviewed 06/16/94 Preliminary Stage Final XXXXX Engineer/Developer Pacific Land Surveyors /Skyline Develoment The following SUBDIVISION NAME is approved by the Ada County Enginner or his designee per the requirements of the IDAHO STATE CODE. // THE LANDING NO 7 SUBDIVISION X. ~ ~ ~~ Date Co ~~ The Street name comments listed below are made by the members of the ADA COUNTY RE T NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the slat as: "W. FRANKLIN ROAD" "S. CINDER ROAD" "S. PELICAN WAY" "W. WALTMAN DRIVE" The following new street names are approved and shall appear on the plat as: "N. OTTER AVENUE" "S TYLEE WAY" "RAINBOW" is a duplication and therefore cannot be used. Please choose another name and have it approved by the street name committee The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for ~ street names to be officially approved. ADA COUNTY STREET NAME Cf~M~JIITTE,E, AG Ada County Engineer John Priester, Ada Planning Assoc. Terri Raynor Meridian Fire Dept. Re ~QCY EP SENTATIVES OR DESIGNEES Date ~~ a ' Date ~. ~ ~ Date NOTE: A copy of this evaluation sheet must be presented to the AdalCounty Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index Map NUMBERING OF LOTS AND BLOCKS ~K- •~ -~ gP .. •.1 v+ S /' a rtt~ /Z n g ~ `a+rr S • ~ ~ / C' a w ~ •~ M .95.5:..00 S nA ~ti ~-~~ ~~ ,. Z JS ` .at 0 KiO.OCx . r y ~ ~j~°~ / ~ 'may Z ~'~7~`~ '[jy.MS~ ~ a~ ~• R- Z r ^ / / ,\ - \` %~~e ,I e ,~oVr / bh ~ w n a 7 ~o i s. ~.q a :r. ._ a~ Y a ~ ~ltio I ~t r ~ d R1o00 f ~ ii K of • ~ ~ oo~ ~ oaoo a ~~ s `8 $ S ~~ !~ a x..a a . ~~ ~ ~ .0 4 x, W '• ~ ' 7 8.0600 i ' • ,}r ~ ~tiI la N •~ t i. w r I~ w ~ .n. Z a .,~~~ ~ oo ray g~ ~ ~ ~p:~ ~ ~~ M • .x.0600 ~ s I . ~ `.,z =I ~ ~~B a ~ ka I8 ~ 8) ~~~~ ~ z = Doti C i 4 x a ; $8 8 .sue i ti :c ct. ' i i^ C7 »i / v .6C.~C.~. ~.e - _ .e.'?E :G 5 _ •'2' fc.;r ; ..: x: s QYOiI tl3U~T1 'S 1/~/ ~ _ y /J~~ T ~w 8. - n'L i~ ~ 0~~ ~^ 'O{ • .K.l;.Y '~ 8 y L ~ ~• 4 Y ., ~ / ~ y •/+ T~ . /~,d ° " ,~ • ,ic,moo . ~ h j 4~r (f u ~.. g~ '~~ ~ = oe m r ~\ . ~ .x1600 r ~ I = ~~ - ~ ! 7~' ~ 1 l y ~ a e S ~ ,, ;Y ~ x x. ~ .aa6ao i ~ h ~ • 1 C. w s '8 8 M ~ ~ R a a ~ yy n ~ f i I= ~ S w ray ~n ~ r .i[~I'i0 L 8 hm . w~ KSpI 'X ~ 1 M • • a h i' ~ I= e F + I ! 7 .aL6m s 1 ' J C iN •iM 8 8 ~~ ~ a ' 81 r'~ ~a Hil o 'arox~ i 1t.06x a ~ x. 8 v o 2 ~~ N~ ~~ ?~ I RECEIVED J U ~ 2 9 1394 CITY OF MERIQIAN 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 2 6 July 19 9 4 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Meridian Planning & Zoning Boise 345-2431 33 East Idaho Meridian, Idaho 83642 Re: The Landing Subdivision No. 7 Dear Sirs: I am writing this letter at the request of Ted Johnson as Nampa & Meridian Irrigation District has been supplied with an amended final plat of The Landing Subdivision No. 7 (sheet 1 of 2, dated 1/25/94). We are still waiting on the drainage information that was requested. Nampa & Meridian Irrigation District's Kennedy Lateral, which flows through a portion of The Landing Subdivision No. 7, has a right-of- way of 55 feet: 20 feet to the left and 35 feet to the right of center facing downstream. Nampa & Meridian Irrigation District is not relinquishing any of this easement but we are entering into a License Agreement with the developer to allow fence encroachment on the left hand side (facing downstream) of the Kennedy Lateral. The plat that is mentioned above does indicate in footnotes 15, 16, and 17 that the final product will be after a License Agreement is signed by the developer, Mr. Johnson. Therefore, I feel that after the District's Board of Directors approves the agreement, the plat of The Landing Subdivision No. 7 will be acceptable as amended. Please feel free to contact me if further discussion is required. Sincerely, John P. Anderson District Water Superintendent .~. pc: Each Director Secretary of the Board Andy Harrington.. Ted Johnson John Sharp Bill Henson Rider 4 APPROXIMATE IRRIGABLE ACRES File RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 ~E~'''~I`l~i~ AUG 1 ~~5gggg~~1994 C~ l ~~ ~~ /~tLn'11it/111i~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 10 August 1994 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Edward A. Johnson, President Boise 345-2431 Skyline Corporation 10464 Garverdale Ceurt, Suite 710 Boise, Idaho 83704 Re: The Landing Subdivision No. 7 Dear Mr. Johnson: The Nampa & Meridian Irrigation District has completed a review for the above mentioned project. If the project is constructed. according to plans that were reviewed, this will be adequate to meet the requirements of the Nampa & Meridian Irrigation District. We still need a License Agreement in which the discharge of the municipal storm drainage, all encroachments within the Irrigation District's recorded easements, and all other concerns of the District will be addressed. Please contact Andy Harrington, the District's attorney, at 342-4591 and request that he prepare the necessary document. After you have signed the agreement, it will be considered by the District's Board of Directors at the next available Board Meeting. If further discussion is required regarding this matter, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director ~• ~.~ Secretary of the Board ~,. '~ _ Andy Harrington John Sharp t~ Bi 1 Henson ,~ ity of Meridian Rider 5 File ., _ ~; )i :" ,:~ r ' ~ '~ .' APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS -40,000 • vrna n~T'nF'e.cI/RF VALLEY - COUNCIL MEMBERS OFFICIALS A GOOd place to Live RONALD R. TOLSMA WILLIAM G. BERG, JR., Clly Clerk MAX YERRINGTON JANICE L. GASS, Clty Treasurer CITY OF MERIDIAN WALT W. MORROW GARY D. SMITH, P.E. City Engineer BRUCE 0. STUART, water works sf,pt. 33 EAST IDAHO SHARI STILES JOHN T. SHAWCROFT, Waste Water Supt. Planner 8 Zoning Administrator KENNY W. BOWERS, Fire Chlet MERIDIAN, IDAHO 83642 ..~.:;, :<,~ ~ w ~ ~ JIM JOHNSON W.L. "81LL" GORDON, Police Chiet phone (208) 888-0433 • FAX (208) 887813 WAYNE G. CROOKSTON, JR., Attorney ~^d1 ,t'` "` Chairman • Planning 8 Zoning Public Works/Building Department (208) 887-2211 {{''tt pp GRANT P. KINGSFORD J V 1~ ~ ~ ~~~~ Mayor CITY ®F ~~~TBIAN 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, may we have your answer by: June 14 TRANSMITTAL DATE: 617/94 HEARING DATE: 6121/94 REQUEST: Final Plat for The Landin No. 7 Subdivision BY: Sk line Develo ment and Tom Edd LOCATION OF PROPERTY OR PROJECT: 112 mile south of Franklin JIM JOHNSON, P2 MOE ALIDJANI, P2 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 & FINAL PLAT) U.S. WEST(PREUM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECL,AMATION(PRELIM 8t FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: US WEST REQUEST A 10' EASEMENT ALONG FRONT AND REAR PROPERTY LINES, AND A 5' EASEMENT ALONG ALL SIDE LOT LINES.. SIGNED: A_.i_ CAIILSON CENTRAL •• DISTRICT 'i~HEALTH DEPARTMENT REVIEW SHEET Environmental Health Division KECEIVEI~ JUN , 7 199~t CITY OF MERI~Y.~N ^ Boise ^ Eagle ^ Garden city [Meridian ^ Kuna ^ Acz Return to: Rezone # Conditional Use # Prelimina ina Short Plat Tic l..~h''rD/^~~` S'yBd/d,~S /off /y~. 7 ^ I. 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. ^ 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. 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 ^ 8. 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 ^ 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 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 care center ^ beverage establishment ^ grocery store 13. ~D,ehc~"~c M~•~'~_ ~~ ~y~~ ~ D ~6>~ t: L~'1'~''~ ¢t/~y :'~l Date: 6 / l.3 /~ C DHD R~ ~MrJr'~DS ,~ ~ ~y-~~TMl~"' O F ?mac-' /~i~e~S'~ Reviewed By: ~ v DF S?'02h ~ Yror ~ A!s ~, hrr, ~= 7`~ `liiC S'cJ~S vh~cti CDHD 10/91 rcb, rtr. I I/93 jll HUB OF TREASURE VALLEY • OFFICIALS A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA WILLIAM G. BERG, JR., Clty Clerk ~• MAX YERRINGTON CITY OF MERIDIAN ~ ~ ~BT W MORROW P.E. City Engineer GARY D SM T . BRUCE D. STUART, Weter Works Supt. JOHN T. sNAWCROFT, waste water suet. 33 EAST IDAHO SMART STILES planner d Zoning Administrator KENNY W. BOWERS, Fir. chlet "BILL" GORDON, Police Chlef W L MERIDIAN, IDAHO 83642 JIM JOHNSON . . WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887.4813 Chairman -Planning 6 2oninq MEMORANDUM Public works/Building Department (208) 887-2211 GRANT P. KINGSFORD TO: Mayor an Council Mayor ~ . ~~~~ FROM: 5 Shan L. Stiles, Planning & Zoning Administrator RECEj~TED DATE: June 21, 1994 1994 JUN 2 , SUBJECT: Final Plats ~ CITY (~~: 1~LKIU,ni'i I apologize for my lack of response for tonight's agenda items. Due to pressing matters requiring my immediate attention in regard to the Idaho Community Development Block Grant project, I have been unable to devote the time necessary to complete a review. I respectfully request, if it is the Council's desire to approve the final plats of Fothergill Pointe No. 2, The Landing No. 7, and Finch Creek Subdivision, that the approval be conditioned on meeting staff requirements. i • • x a •4 ~ ~Z m~ ~~~~';~~ ~ ~~~as~ ~~_ ~F n~ ~4 a ~~ ~~ ~ ~~~ ~~ ~~ ~ ~t ~ ~~ t ~~~ r~~~kk~' ~~ i~~~~~~ ~iii~~ (I I ~I11 I a ~ I I ,..ti9J ~ I I I~I I e~ .~ ~i i ~ ~ ~~ ~ ~ 'd ~ ~ ! 1~ ~~~;~~ ~~~ 1i ~~' r !e i1 !~ 1~~ ~~ ~~~ ! EM !~ M M e r r e r r w r r i d ^nnl X1111 1` ~~~~~ luw •11111 _- T ~~ A11DY) ~D J16~T ~1 f .enw / .~ r~ I~ R 8 E ~ 0 0 .C .N ~ N L ~ O o~°a a F'i': c N N O j 'O R N N U wVa ~ z a' m ra j ~ U oEm ~O~E yxo VDU d 5 0 m ~ a ~ ~` L aU m c p y O N O C m ~~~ ~U ~ y C ~D r~~ .- E .- ~~m ;~~ T Q a aw m E o, m ~~ O ~ C N N N o ; ~~s ~m~ m;~ moo= ~ U ~i A ~~~' -~~ L C w '; z m a O U_ O y ~ a ~ E C U U t3 _ d ..- £ ~.3 C ~. N O O N mr o ion ~ U N a `o H Key Bank of Idaho Commercial & International Services ~~u 702 West Idaho j` Boise, ID 83702 KCti C _ ~ 1'JK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY HANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK Of mAHO KET' BANK Of b A _ r p 0 NOVEMBER 23, 1994 ~ WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1457 IN n FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO STREET, MERIDIAN, IDAHO 83642, FOR THE ACCOUNT OF EDWARD A. JOHNSON AND JANICE M. JOHNSON, ~h/w„ 10464 GARVERDALE V COURT, BOISE, IDAHO 83704, UP TO THE AGGREGATE AMOUNT OF NINETEEN THOUSAND z ~- THREE HUNDRED NINETY SEVEN AND N0/100 U.S. DOLLARS {!~1'9,391r,00~ ~,VAILABLE BY BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, v BOISE, IDAHO 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: ~ 1. BENEFICIARY'S SIGNED STATEMENT BY AN AUTHORIZED REPRESENTATIVE OF THE n z. ° CITY OF MERlC~tP.N CERTlFYlNG C.'UOTE, THE DEVELOPED HAS DEFAULTED P.ND FP,N ED - r TO PERFORM COMPLETION OF ONE OR ALL OF THE FOLLOWING IMPROVEMENTS AS o REQUIRED IN THE DEVELOPMENT OF THE LAND{NG #7 SU$DIVISION ~ A n .STREET LIGHTS ~ $ 7,500.00 - m IRRIGATION 11, 897.00 - TOTAL $ 19,397.00, UNQUOTE. a 1' PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL y LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. o THIS LETTER OF CREDIT IS EFFECTIVE NOVEMBER 23, 1994. WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL _< DRAFTS DRAWN UNDER AND INCOMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET x o WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS a SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST IDAHO STREET, o BOISE, IDAHO 83702. G THIS LETTER OF CREDIT EXRiRES NOVEMBER 22, 1995AT OUR COUNTERS. 2 o _ ALL .BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT_ OF i BENEFICIARY. o EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE a s UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, - INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500, WHICH IS INCORPORATED Z INTO THE TEXT OF THIS LETTER OF CREDIT BY THIS REFERENCE. t KEY BANK OF IDAHO 0 w Z _ - O o `z < _ `7 t ~ S A ~l ~ x - KIM - INTERNA NAL OFFICER ° Z a ~_ %:,1 a ll_tiA OHtldl i0 %NtH .li% OHtlal i0 %N'tlH A3% OHtl01 i0 %N'tlfl A3% OHYOI i0 %NYH Ai% OHtlOI i0 %NYfl A3% OHYOI i0 %NtH A3% OHY41 i0 %Ntlfl A3% OHVOI i0 %NtlH .ti% QHYOI iQ %NYfl AHN OHtl01 i0 %NtlH .iiN OHYOI i0 %NYfl .13% OH THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Member FDIC PRESENTATION DATE I AMOUNT IN FIGURES AND WORDS I NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: Key Bank of Idaho Commercial & International Services ~NK 702 West Idaho Boise, ID 83702 KEY BANK OF IDAHO KEY BANK OF ID.4H0 NEY BANK Of IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY' BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF ~ E ~ o O O 7 ~ > m d Q APRIL 17, 1995 s~ e N N O f C. N N U Y m ~j d ~ a W WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1497 IN f ~ ` ~ y FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO STREET, MERIDIAN, ID 83642, FOR THE ~E°~ y o E ~ ACCOUNT OF`EDWARD A. JOHNSON 8 JANICE IVI. JOHNSON, H/W, 10464 GARVERDALE CT., s #710, BOISE, ID 83704, UP TO THE AGGREGATE AMOUNT OF EIGHTY TWO THOUSAND FIVE ~~° D - HUNDRED THIRTY AND NOl100 U.S. DOLLARS ($82,530.00) 'gVAILABLE BY BENEFICIARY'S " ~ E y DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO =_ t ; ~ 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: O ~! N O C SUS ~ 1. BENEFICIARY'S STATEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF MERIDIAN CERTIFYING THAT QUOTE, THE DEVELOPER HAS DEFAULTED AND FAILEC TO PERFORM THE COMPLETION OF ONE OR MORE OF THE FOLLOWMIG - r IMPROVEMENTS AS REQUIRED IN THE DEVELOPMENT OF THE~NI)IRICa ~UBtIIVtSiIQN °~" ~. #7: x a LANDSCAPING: $ 9,900.00 FENCING: 7,425.00 y TILING IRRIGATION DITCH: 64,600.00 WALKWAYS: 605.00 W ~ > TOTAL: $82,530.00 UNQUOTE. m PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL z _ LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. _ T THIS LETTER OF CREDIT IS EFFECTIVE APRIL 17, 1995. WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL r DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET a WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS y SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST IDAHO STREET, BOISE, IDAHO 83702. Z 0 THIS LETTER OF CREDIT EXPIRES APRIL 17, 1996 AT OUR COUNTERS. j ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF z BENEFICIARY. T '~~ ~ a _o~ a ~,N x EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE ~ `~ ~ f= UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500, WHICH IS INCORPORATED <<, ~° ~ INTO THE TEXT OF THIS LETTER OF CREDIT BY THIS REFERENCE. Q L ~ `cS 3 ~ rn k .L ~ r 'p O a KEY BANK OF IDAHO ~a .~ . ~, ~ o. _ ~ ~ p E ~ _ 1' pE« ' ~, U ~U - ~; J .~,I" N w ~ ~ d '3 °- ~~ a `'~ o r~~ LOUANN J. OW S KIM L. --_, ~L ;_ V.P. & MGRC.J.Aa- ERNATIONAL INTER TI AL OFFICER a~ ~ x r %Nld Ai% OHY(11 f0 MNYtl A3N QHYt>I i0 %NY8 A3K OHti01 i0 MNYA A3% OHYUI i0 MNYB A3N OHY41 i0 NN'tA Ai% OHY4130 KhVB A3M OHY(II i0 MNYB A3M OHYOI iC1 MNYB A3% OHtdl i0 VNtiB A3M OHY(11 i0 MNYB A3M OHYOI i0 )INY@ A3V QH THE FACE OF THIS DOCUMENT NAS A GRAY PANTOGRAPH BACKGROUND Member FDIC PRESENTATION DATE AMOUNT IN FIGURES AND WORDS NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: R~C~~~EI~ APR 2 0 1J95 CITY d~ MERIDIAN ¢lz~~ ~s ~c, ,6y WGc,~ S_~ - G~.~,-~' ov~1L. PLdivrLGtn~c~2. hn.tvL~ ~ ~ ~^'^' ~ Ld ~" ` , /1~~ /~ ~ d 1r~'~ ~ a~.vi,~. iris d- att tae ~o Y1 n~ ~b sd-wv~dr~da - J-, ~,s~,e-,4,u,~ h~ ~kyc~ ~, ~ ~,ur • t !~-~~ a w~,cc n, -~. ___.~ , ... 7s"uo,__ ~ ~ ~~ ~ /~i,.iyr-y~~~ icy. - ~ !t n % C~br d~cd~u~ -- _ ~.cGcv T %` dl,.au, C C ~ I'L s ? Cruel it w~J G~fr-~- ~ fa h ~- 7-tticGutr `~, Gth~~y~,~. Co~»~vn tea. - Gv~ 11 d~ 7~'~ - u,cc~,~,. ~,,~ - l}o ~ ~ ~i,~-v-~. ~ ~~vw~- c~ can nu.c( w~ ~'L~,+%Z- ~~..~- `- r4 6-e- ~~ ~` i~ A`l - 2 1995 CITY OF ~ERI~IAN ~~~~~~ N C E °' d ~ L ~ ~~ 3~ T D O E d o~ 0 m~ a ~ m ~ ~ d m c A o O O T ~ ~_ N =_ L_ ~ 3 a~ U c0 ,~ U ~ c d ~ ~ E N U C _N ~~ ~~ ~ n E y ~ c O d T m L ~ O O U a `o Key Bank of Idaho Commercial & International Services ~1TY 702 West Idaho i~ l~ Boise, ID 83702 KEY BANK Of IDAHO KEY BANK Of IDAHO KEV BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY 8A\K .. O Z O `¢ O NOVEMBER 23, 1994 c WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1457 IN FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO STREET, MERIDIAN, IDAHO 83642, FOR THE ACCOUNT OF EDWARD A. JOHNSON AND JANICE M. JOHNSON, h/w„ 10464 GARVERDALE o COURT, BOISE, IDAHO 83704, UP TO THE AGGREGATE AMOUNT OF NINETEEN THOUSAND THREE HUNDRED NINETY SEVEN AND N0/100 U.S. DOLLARS 019,397.00) AVAILABLE BY BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: 1. BENEFICIARY'S SIGNED STATEMENT BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF MERInIP.N CERTIFY!";G QUOTE, THE DEVEL ^PER N•°,S DEF,4UL TED A~lD FA;LED a TO PERFORM COMPLETION OF ONE OR ALL OF THE FOLLOWING IMPROVEMENTS AS x REQUIRED IN THE DEVELOPMENT OF THE LANDING #7 SUBDIVISION: 0 o STREET LIGHTS $ 7,500.00 IRRIGATION 11, 897.00 TOTAL $ 19,397.00, UNQUOTE. 0 a PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL y LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. J x THIS LETTER OF CREDIT IS EFFECTIVE NOVEMBER 23, 1994. WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL ° DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST IDAHO STREET, BOISE, IDAHO 83702. °- THIS LETTER OF CREDIT EXPIRES NOVEMBER 22, 1995, AT OUR COUNTERS. m ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF BENEFICIARY. EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE a UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, y INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500, WHICH IS INCORPORATED E INTO THE TEXT OF THIS LETTER OF CREDIT BY THIS REFERENCE. o ~ v c Z m r 3 D ~ KEY BANK OF IDAHO C Q L E ~ O 2 a m m is x ---- U ~ ~ KIM ~ INTERNA~NAL OFFICER U O d Y t/1 'J L = ~ ~ VMNrB l3M OHt01 ~O `INVB A3N OHtl01 i0 NNtl9 A3M OHVOI 3011NVR A3M OHVOI 30 NNtlB A3V OH4'OI i0 M4 V8 A]M DHYDI f0 MkYB .13V OHVOI ~O `I ~+'Y9 i3V OHtiDI i0 NNtl0 .l3H OHV(ll JO YvtB A3N i1HYC11 ~(1 K,~FA liV f1H<OI 1~l F~~O THE FACE OF THiS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND Key Bank of Idaho Commercial & International Services ~~~ Bo se, ID 3702 KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK Of IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY BANK Of IDAHO KEY BANK OF IDAHO KEY BANK OF IDAHO KEY HANK OF IDAHO KFY BANK OF IDAHO KEY B.~\'K Of IDAHO AFl bl~~ O i APRIL 17, 1995 a 0 z WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. 21-1497 IN s FAVOR OF CITY OF MERIDIAN, 33 EAST IDAHO STREET, MERIDIAN, ID 83642, FOR THE ACCOUNT OF EDWARD A. JOHNSON & JANICE M. JOHNSON, H/W, 10464 GARVERDALE CT., z #710, BOISE, ID 83704, UP TO THE AGGREGATE AMOUNT OF EIGHTY TWO THOUSAND FIVE HUNDRED THIRTY AND N0/100 U.S. DOLLARS ($82,530.00) AVAILABLE BY BENEFICIARY'S o DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO 83702, AND ACCOMPANIED BY THE DOCUMENT(S) SPECIFIED BELOW: 1. BENEFICIARY'S STATEMENT SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE CITY OF MERIDIAN CERTIFYING THAT QUOTE, THE DEVELOPER HAS DEFAULTED AND o FAILED TO PERFORM THE COMPLETION OF ONE OR MORE OF THE FOLLOWING IMPROVEMENTS AS REQUIRED IN THE DEVELOPMENT OF THE LANDING SUBDIVISION Z m #7: o LANDSCAPING: $ 9,900.00 FENCING: 7,425.00 m TILING IRRIGATION DITCH: 64,600.00 WALKWAYS: 605.00 a __________________ s TOTAL: $82,530.00 UNQUOTE. Z x PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, THE ORIGINAL o LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF THE AMOUNT PAID. 0 THIS LETTER OF CREDIT IS EFFECTIVE APRIL 17, 1995. Y WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL o DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS Y SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING, 702 WEST IDAHO STREET, BOISE, IDAHO 83702. THIS LETTER OF CREDIT EXPIRES APRIL 17, 1996 AT OUR COUNTERS. ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR ACCOUNT OF ° BENEFICIARY. z ;~ EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, 1993 REVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500, WHICH IS INCORPORATED INTO THE TEXT OF THIS LETTER OF CREDIT BY THIS REFERENCE. 4 J KEY BANK OF IDAHO Z ~~ .r° _ . ~--." i my LOUANN J. $'OWL S KIM L. V.P. & MGR~.1PtTERNATIONAL INTER TI AL OFFICER a 0 YNtlB A3M OHtl01 {O NNtlB A3'{ OHtl01 i0 MN'tl8 A{N OHtl01 {O MNY9 A3M OHtl01 {O MNb9 A3N OHtl01 {O MNb6 A3N OHtlOI 30 Mh'b8 A3M OHtl01 30 NNtlB A371 OHtl01 ~O VNtlB A3N OHtl01 {O YN78 A3V OHVOI i0 YNbB A3M OHtlOi {O MhtB li` THE FACE OF THIS DOCUMENT HAS A GRAY PANTOGRAPH BACKGROUND F~~CE~rV'ED AFR Z 0 ig95 ~I~'~ ~~ ~=~~~IAh !/ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Tucker M. Johnson Skyline Corporation 10464 Garverdale Court, Suite 710 a"-.,v^ise, idal"iU os704 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Letter of Intent for The Landing No. 7 Subdivision Dated 6 April 1995 Dear Tucker, Nampa & Meridian Irrigation District's Board of Directors approved District participation in the tiling of the Kennedy Lateral through the above mentioned subdivision. The Directors agreed that if the developer paid for all material_~, the District would use its manpower and machinery to construct the pipe line. The eight foot joints of 48 inch reinforced Class III concrete pipe will need to be on site on or near 15 October 1995, so that we can commence the work as soon as possible after the end of the 1995 delivery season. The relocation of the fence will have to be addressed in an addendum or in a new License Agreen ~~nt and will have to be approved by the Board of Directors at a rec;larly scheduled board meeting. I do not believe that it would l possible for the fees to be waived for the agreement as the Irrigation District is a tax supported entity and we do not hay; funds for this application. If further discussion is required, Tease feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bill Henson City of Meridian Ada County Development Servi{: 's Rider 5 F i 1 e APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 6 April 1995 ="=-'=-~~~5 SUE 1113 AMCOR FAX N0. 2084650176 P,~2 ,,:~ . _ ~ ,, APR 2 0 1995 16419 Ten Lana Nampa, ID 83687-8243 (208) 485-0176 FAX: (208)465-7129 ti QCOTATION QUOTE NO: 0001164 ON: 04/18/95 '!'0; SKYLINE DEVELOPMENT CORP PROJECT: LANDYNG #7 SUBDIVISION 10464 GARVERDALE COURT MERIDIAN, IDAHO SUITE # 710 BOISE, ID 83704 TIME: BID DATE: <<~'S'I' : NOF TERMS : NET 30 FOB: JOBSITE PAGE: 1 ..~__....~_~-------------------------~-W- ------------------ 1"i;M DESCRXPTZON QUAN'X'ITY U/M UNIT PRICE EXTENSION a3C76C3 4sxa B&S C76-C3 QUOTE TOTAL: 112$. FT 52.06 58,723.6$ 58,723.68 This quotation is subject to acceptance within 30 days. Accounts are due and payable on the 15th day of the month following purchase. Customer 5ha11 have no right to retain any portion of purchase price for said :r,aterial. Buyer agrees to pay a credit service charge at the rate of 2~ per month (24~ per annum) from due date upon the past due balance and a reasonable attorney's fee for collection if the account is not paid when due. ALL PRICES ARE SUBJECT TO SALES 'TAX. AMCOR INC. NAMPA, IDAHO FT~~"; ~,~ B'f . ~- DATE ; DATE : ~' ~~~~~~ ~~re~`.,, e~~~ V ~L r-r P F' - 1 4 - _ F F.' I 1 4 _ _ ri ~ ,_, r-~ t. ,_, r-~ ,_a r; , °; _ fS.Z°' ~ ~' ' '' , p~wd ~. ~"'~~ ? ~.~ a'~~'° ii~,'~'' ~~: ~~ a ~ "~ ~~NGE ~STIMATE ~ :~ 7t72 ~P'~ ~'r~rllc~gi~ ~ S~°S~-~~~Rro.~, R~4a ~r, :;j h~ ~~~~2 .b B~R~-$1 ~i ~ .., < N ti M E ~~i L'- ~ .•L_,_:..4 ~. 7 r J. ~ ~ ' ~~ .,~ ~ft~_ t~'?.d.~? .? :fir a ~_ , + ~" I pr ~ , I ~ ~ . .. - ,, RDDRESS ---~ ---~-._...._..".._ ~ oa~~C~, .~.: . L ' JC % l ' ~ ~ ~ ~ ~ ~ ~ 7?"~ ; ~-; Q .4CA7i Pd S i 1 i s " ,,1 ~: ~ ~. yr l~ "~t ..~ ... _ %r~;OSS STREET r ...._ __.._ ...- ,.., _ ~t -- h ~``;~~ TYP~'F~NCE ~ '~~ N~~ of Feet _ ~.1....5' ~! -_:-- - --.. ' `-1 ~~ vvo~.xs L.i Chair. Llnk,~' „~ . `> 1 r J ' e ~ i i a. ~' ~ ~':: ~~ ~~~ :,~, 6 f,y' ' ~~.. ~~ ~-' L ~~?_ J .~f~,,. / f M f ~ ~ GS'M', ., ~!'1. r _ _.. ' ~ ~,.~.~., .b" /',, ~;~ 9'~~~/~ ~ ~ ~~' a ~ ~jri~*F„. ~":~~ t 4'"'1 ~~ J ~... ~..,. /' / ., ~~ i~ _ _. "; ., ., - -~, _,]'~ r .._,._....,_ --- i it •~~', _ y.: _..__..._.._. _ .._. , ~. gal! work wilt be perfortn,;ad .' 1 i~~ a workmanlike manner ~ MA' E~'~~F+~~ ~ j(J AI_ - and in 3ccordan~e " ~ Mti~~n sat v,"~thstand~rd ra~t(crr ~ ~~rt}rItCY~;,4~~ ~~I~ r + TA ~ _ ..,. . . ... tri ca~.0 y~y y , .( ~ ` i. L.AT~Uf=f Tents of Pa mon Gv~,",,~,,a~r,„ t TJ At,' : ~ t,r, ct ~Ln u ' 4... IV ~) J1~U rJr~ An; Cash Up6n Completion ~ ~ ~ ~,'I ~ ~-'~;,~ ~U;~%u~ Fy i Fit'*T'IIU~A, , ;;;; , ~, ;, , , ,, I i ~' :. ~}NT~~ACT CgIgDIT~INS ,' ~rr~9~Jr'Inl' t~p'n amount Cgrt~lr'~c,t6d~ Por will bo dgbltad. or U~r~3r~>; rsiP~a1 ~ ~ it =i ~ ~~ ~~ t~~ ;i ~A ~+vl it)~d~,pa syoc{ff~d In Turrna.pf,f~ayr>Zgnl ! ~ yropgrtX ownor oxpr,onAly, iy ur t„ p~}t7~j,tnu ih"p jlphl lir pomp; p~ hl» yrOV to ropoaaoss n!I mptef~p7a ~ ~+I~nqut,racouraa, pntl thG FrortnnX owr,Ur ,O/ pproop. to accmp( qlt of14 C{t{ifs»pC cau3nd ay Ihlp rdiSadnm rlt(oi>., ~~ tw,t,atory r»»pr,nalbla' 1pr fib»f~h~ 'oink ~ end o,lpcrln fanom lln0a,; ~~ru~a tjtul~{nu Canippr~yy`wlLL~$! ~t,,h01tl, rr, ,onal4lo or ~l,Ab'(0 lor. ryny~ >iutn to upglnipround oDelrJu I~ n ~ ~ ~+'~ r• ,S ;I ^C:~iOPAc ---` -- _ ~~~~~~~~ Page No. of Pages (''- Wright r~ ~ %J 1 Canstriuction Ca. ~~~"~~' ~~-''r;~~= ~ . ~ ~_~1 1320 S. Blackcat Rd. Meridian, Idaho 83642 888-1347 ~ ~SPFfALT•PAVING G$NERALCON'fRACi'iNG •-='_5;-t SUa~~i'iEU rq rrtpNE DATE ' SI~:YLINlr CORPOI~ATIQN 377-404 4`14 95 ~ '-r ~~~ ~ ~~~ J08 NAME .._. 10464 GARV;/Ft COURT SUI'T`E 710 L,ANU~NG #'r 7 • - . _ arvC :,P CODE Bits LGG~"~~?N ', r30IS]~, ID1~-IO 83704-1530 ~4~~ nere[~~, eubm,r sprr~.ficar~ons and esr~mu•e; for 5 ft. by 1.OOft. Pa1-1i 500 Sc~, feet ~ $1.00 Note: 1 All permits to he purchased by r.ustomer. 2 In the event of litigation, the prevailing party shaft be entitled to reasonable attorneys lees. 3 The amount due shail bear interest at the rate of 12°0 tram the dale of billing. 5500.00 199P ~r>a~use nereay to rurn~sh rrtater~ai ana labor -complete in accordance with above specifications, for the sum of: . F't .... >/nlfyn8~-.^ dollars ($ 500.00 1. _ . -nr rc ce mod? ue fo~lcws: CASH ON COMPLETION --- v~ith monthly draws on work completed. 'n,'.li ~~ :. ),~ciLr'~~i:Jl'.~:•'.':::._•J:,: ~iin-..~~",v;,rY,'.i~!)a.;,':'i•, '.:.: t.,)~r. ,i wt~i Y. i5ldn!ik.r . i~i.i ]~: ~... _ .:Iti i'i~,,:.r~: ..:I.. ,... .-. ,.1,'.. ,~r ~e'.i.:1~9nfr•_~~1 dU~rvc.'r~ei.. ... ~-_ -r:.: r.t ~,'.: ,~,~yi .`.. . _., ~~„~,_ .!UO~"~ ~,, ~~ir~r~ ni9ar, :,iiU rr i'~i nit- P,V }h OfiZed ,~ n, .r ~ rah r-.:n. A y'. t. u:'„i p¢n•.r:u~-, .. J2w; ~. iy~, ...~ . r... ~Y _ is :ndcana~.•or Signaturr_ -,.~ ~ .] :~y I.:'. r w(r't,:•~. 1'c ',:iy .~`'r'.r l'~_ '.~y~~...:r kl' .~ . Jtll~ii '.Ylii ~~, Note: Thiy proposoi may he ~~ withdrawn by us if not atoepted within .._daye, ~~rr~~~taTir~e of ~rn~n.~ttl -The ota~e Prices, ;pecif~cations I _ `. ; ^,nd t~on~ are :a'rfactory and ore hereby accepted. You ar uuthorizod To do ;,;gnalvrc _ os =occ~fled. Povmenr v~ill be made os outlined obove. _ _ _• ncceurcncc -~ _~ Signature IAN LAIvDSC;AI'L;1~~ 5635 N. I/agle i~d Meridian, li? Y3fi4Z 377-4104 Bill Landscape berm can S. Linder IZd at entrance of The Landing No. 7. Includes: grading, sprinkler system, fine grading, sod, misc. trees }iid good tier _i0 days Eby: ~ «c ~ bate: ~ ~4 y~~- APR 2 ~ t CITY QF MFR1aI~tN $~,y00.0U