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RC Willey AZ (aka Van Auker)October 12, 2001 MERIDIAN CITY COUNCIL MEETING October 1 b, 2001 APPLICANT DeVelOpmertt Agreement ITEM NO. REQUEST Development Agreement with R.C. Willey AGENCY CITY CLERK: CITY ENGINEER: GITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS Sae attached Development Agreement ar~""'J~ OTHER: Contacted: ~ ~/ ~ in ,~P.,n CPrI l.• M • Date: 12., _ Phone: ~O~ ' yl~ ~ ' 3 b w Materials presented at pubNc meetings shall become property of the City of Meridian. at w:~~e~ .. 2301 SouTx 300 WEST S~,T L~kKF. CI'['Y, U'rnH 84115 (801) 461-3900 FAx: (801) 461-3901 August 6, 2001 City of Meridian Building Department 33 East Idaho Meridian, Idaho 83642 RE: Development Agreement Attn' : Holly Dear Holly: Enclosed is the signed and notarized Development Agreement. Please note that the agreement has been signed by Scott L. Hymas, CEO, not William Child. After the Agreement has been executed by the city, please send a copy to me. If there is anything else you need on this issue, please let me know. Thank you, r t~~~ , ~ . /1 ~ -. ~° Main W. Jen en Facilities Manager Encl. ' YR 1ClJSE bIiTRRr1P 1'~1~'LOR517LLE/1VEST~'ALLF.Y ERDALE OC DEN/RI6 S h 2700 S Z~" , 861 East 6600 South 391 ~ ti~est 4700 South 4041 S. Riverdale Rd. out cst 1693 UT 84075 S UT 84107 Murra Ia~lors~•illc, UT 84ll 8 Riverdalc, UT 84401 (801) 62Z-7400 }macuse, (801) 774-2800 y, (801) 261-6800 ORF:YI CLE.IKAI~C C CF:~'TER SALT LAKI: CITti' 40 Fast Lm~ersity Parkway° 9010 So. Red~+ood Kd. 2301 South 300 ~t'est Orem, L'T 840523 ~$est Jordan, UI' 84088 Salt Lake City, LT 84115 (801) 967-4800 (801) 227-8800 (801) 567-2200 (801) 461-3800 EXHIBIT A Legal Description Of Pro~ertv Northeast corner of Eagle Road and Franklin Road; Meridian, Idaho. A PORTION OF THE SW 1/4 AND THE SE 1!4 OF SECTION 9, T. 3.N., R I.E., BOISE, MERIDIAN, ADA COUNTY, IDAHO ALSO KNOWN AS TAX PARCEL # 51109336340 WHICH IS ABOUT 20.443 ACRES DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 12 .FILE COPY ~. F1c~~ fDi'~tTY ~ to ~ R~`~"t"~ffED-;p~;ES~ .., . ~ Nq E,.t~ ,t3E,~ .,;~;~~ ~~gg pp~~ DEVELOPMENT AGREEM~i~i"1=$ r~'~r.~it~ ~~ r Q$ S 3 ~{ U PARTIES: 1. City of Meridian 2. R.C. Willey Home Furnishings, R.C. Willey I~~in1e _y - ' Furnishings, Inc., a Utah Corpor*at~on . s THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered- into this ~o ~ti day of ~f ; ~ o a / , by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho,. hereafter called "CITY", and R. C. WILLEY HOME FURNISHINGS; R. C. WILLEY HOME FURNISHINGS, INC., a Utah Corporation authorized to do business in Idaho as a foreign corporation, hereinafter called "DEVELOPER", whose address is 2301 S. 300 W., Salt Lake City, Utah 84115. 1. RECITALS: 1.1 WHEREAS, "Developer" is the sole owner, in law and/or equity, of 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,. herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subJect "Property"; and 1.3 WHEREAS, "City" has e.Yercised its statutory authority by the. enactment of Ordinance 11- 15-12 and 11-16-4 A, which authorizes development agreements upon the anne.~cation and zoning of land; and 1.4 WHEREAS, "Developer's" predecessor in interest has submitted an application for annexation and zoning of the "Property"s described in E.Yhibit A, and has requested a designation of General Retail and Service Commercial (C- G), (Meridian City Codee); and .1.5 ~ WHEREAS, "Developer's" predecessor made representations at the public hearings both before the Meridian Planning SL Zoning Commission and before the DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURMSHFNGS, INC. (5.14.1) - 1 Meridian City Council, as to ho~v the subject "Property" will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning &. Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment;.and 1.7 WHEREAS, City Council, the 6`t' day of August, 1994, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in E,~chibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer" enter into a development agreement before the City Council takes final action on anne,~cation and zoning designation; and 1.9 "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 requests; and 1.10 WHEREAS, "City" requires the "Developer" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #b29, January 4, 1994, and the Zoning and Development DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 2 Ordinances codified in Meridian City Code Title 1 1 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear conte.Yt of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER": means and refers to R. C. Willey Home Furnishings, R. C. Willey Home Furnishings, Inc., a Utah Corporation authorized to do business in Idaho as a foreign corporation, whose address is 2301 S. 300 W., Salt Lake City, Utah 84115, the party developing said "Property" and shall include any subsequent owner(s)/developer(s) of the "Property". 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code Section 11-7-2 IC which are herein specified as follows: DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 3 C-G General Retail and Service Commercial: The purpose of the C-G District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a revietiv of the impact of proposed commercial uses which are auto and service oriented and are located in close pro;cimity to major highway or anerial streets; to fulfill the need of travel- related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal water and setiver systems of the City, and shall not constitute strip commercial development and encourage clustering of commercial development. Construction of a retail/warehoacse at the northeast corner of Eagle and Franklin Roads. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer" has submitted to "City" an application for conditional use permit; and shall be required to obtain the "City"'s approval thereof, in accordance to the City's Zoning &. Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Property" that require a conditional use permit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 "Developer" shall develop the "Property" in accordance with the following special conditions: 6.1.1 The Developer shall dedicate additional right-of-~vay on Eagle Road and Franklin Road. 6.1.2 A total of 180 three-inch caliper trees are required for the project for the paved areas shown on the "Site Plan", Staff additionally requests trees be placed along the frontages on Eagle Road and Franklin Road to provide a more aesthetically pleasing appearance along the entrance corridors. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1} - 4 6.1.3 Lighting shall not impact adjacent residential neighborhoods and traveling public. 7. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the `Developer or "Developer"'s heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of subject "Property" of this agreement within t~vo (2) years of the date this Agreement is effective, and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer" and if the "Developer" fails to cure such failure within six (6) months of such notice. 9. ~ INSPECTION: "Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as . required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. . 10. DEFAULT: 10.1 In the event "Developer", "Developer"'s heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURMSHINGS, INC. (5.14.1) - 5 10.2 A waiver by "City" of any default by "Developer" of anv one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of anv such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the E.~chibits, at "Developer"'s cost, and submit proof of such recording to "Developer", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council.. If for any reason after such recordation, the City Coundl fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Propeny" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City° or "Developer", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at la~v or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. DEVELOPMENT AGREEMENT R.C. wILLEY HOME FURNISHINGS, INC. (5.14.1) - 6 13.2 In the event the performance of any covenant to be performed hereunder by either "Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfomnance shall be e,•ctended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Developer" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Cercifica.tes of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Developer" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-anne,~cation 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. 17. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: do City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER: R. C. Willey Home Furnishings R. C. Willey Home Furnishings, Inc., a Utah Corporation authorized to do business in Idaho as a foreign corporation 2301 S. 300 W. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 7 Salt Lake City, Utah 8411 ~ with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 17.1 A parry shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 18. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract bettiveen the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 20. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or otivners shall be both benefitted and bound by the conditions and restrictions herein e.~cpressed. "City" agrees, upon written request of "Developer", to e,Yecute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 8 1. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 72. FINAL AGREEMENT: This Agreement secs fonh all promises, inducements, agreements, condition and understandings between "Developer" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 22.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the aruleYation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. R. C. WILLEY HOME FURNISHINGS R. C. WILLEY HOME FURNISHINGS, INC., a Utah Corporation 2 ~~ BY: m Child, nt Developer Lo ~D Attest: Patricia Child, Secretary BY RESOLUTION NO. CITY OF MERIDIAN p nn~ //11.. ,•~~`"``~~~~~~`` R ROBERT D. CORRIE ,J/ :~ Ci at~r ~ "~, Attest: ,z,~'~ CITY CLERK BY RESOLUTION NO._ ~~ F~ ti .;r ~~ - ;;~.: ~ hr~ .= • ~'C:-, ,. ~ ~ ~~ a .. _11i4a~Yt`~~ DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 10 STATE OF UTAH ) ~~`~~~ '~~::ty as COUNTY OF On this day of , in the year ~' ='-,before ~!~~ ~- ~,- -~' "~ -:.rrrd~n~~~~C~~ - me, a Notary Public, personally appear ~~.5 known or identified to me to be the of R. C. Willey Home Furnishings, R. C. Willey Home Furnishings, Inc., ~vho executed the instrument or the persons that executed the instrument on behalf of said corporation, and acknowledged to me having executed the same on behalf of said corporation. ~~.~-ter,, PAMELA B. MOSER `~~ ~"~ `'a NOTARYPUBUC • STATE of UTAN ( ~~ }$ x~ sourH soo wesr S .,,,~• snlr IAKE Crnr, ur ea»a COMM. EXP. JULY 12, 2004 STATE OF IDAHO tary Public for Utah Commission e.~cpires: 1 I i ~!~ :ss County of Ada ) ~ / On this day of QG~6~r , in the yeara00/, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. !~' ~pTAR}, .* • ~.~ (SEAL) ~ pUHLtG •,~ a, O msg/Z:\Work\Nt\Meridian 15360M\RC. Wi1leyWevelopAgmc Public for Idaho ~sion e.~cpires: ey/~-%~ DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 11 EXHIBIT A Legal Descriytion Of Prof Northeast corner of Eagle Road and Franklin Road; Meridian, Idaho. A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9, T. 3.N., R 1.E., BOISE, MERIDIAN, ADA COUNTY, IDAHO ALSO KNOWN AS TAX PARCEL # S 1109336340 WHICH IS ABOUT 20.443 ACRES DEVELOPMENT'AGREEMENT R.C. WILLEY HOME FU1tNISHINGS, INC. (5.14.1) - 12 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of Ayproval DEVELOPMENT AGREEMENT R.C. WILLEY HOME FURNISHINGS, INC. (5.14.1) - 13 I~cO~ BEFORE THE MERIDIAN CIT°_ CDUNC,I~ RONr1LD VAN AUCRER ANNE3ATION AND ZONING A PORTION OF THE Sr7 I / ~ AND THE SE 1 / s OF SE,C'RION ° . T. 3.N., R_ 1_E., HOISE. MERT_DIAN. ADA CflUNTE• IDAHO MEAID I?1~7 . IDAHO FINDINGS OF FACT AND CONCLUSIONS OF L.3W The aboveentitled matter having come on for public he_rina r?ucust 6, I°°4, at the hour of 7:30 o'cloc?c p.m., that Jame. R. Jones representing the Petitioner appeared 'in per=on, the Cit,r Council of the City of Meridian having duly consi dere~ the eVi dance and the matter makes the following Findings of Fac~ and Conclusions: FINDINGS OF FACT 1. That a n0z?ce of a public he=ripe on the Condit_onal Use P°T:nit was published for t:vo (2) cansecutive weeks prior to the said public hearing scheduled for AuQUSt 6, 1°°~, the first publication of which was fifteen (I5) days prior to said he=ring; that the matter was duly considered at the August 6, 1°°a, hearinc; that the public was given full opportunity to esDress comments and Submit evidenC°; ana that COp?°-= of all notlc°Q Were dVallable t0 neT.t7SDcper, rcQ? O and television Statue On5 ~ [.. That tale proaer ty included 1I1 t:iE c~L'1? C.t10n rOr anne::at_On and ~On? ng 15 desc~.Den ? it the cDC ~ =C=.t=Cn, aI1Q bV t715 r~,=nr~nC° ~ 5 ? nCOriQrctS^_ herciIl; Mat tide drvCEr ~. 7 i c VP.N t?UKER FINDINGS OF FACT ~ CONCI,USIGNS OF-?~v PP_GF. ~DDraX:.~1ct21V ~ G acres In S1 :° • - - _ . ^'hat tZe pr ODerL I i5 Dr25ent17 toned bV SQa Count-: a5 .vT- 1 lilau5 tr icl and RT RLlrcl `i."an5ition re5iaential ~ that t7e aCDliC3nt re^.LleS t5 filet pcrtions Of t-1e prober ~ J be ~.^,ne '~ Tcr'=1n_Cal DistriCL, I-~ LiQht 1nQ115Lrial anQ C-r' General Retai! anG ~Z'--v 1C° COffimerCial; that n0 sDeCl~ic u82 for the property was prc5c=1'-E^- but it was stated that it would be platted later. ?. The general area surrounding the property is used for industrial, warehousing and aaricnltural uses. 5. That the property is new adjacent and abutting to the present City limits. 6 . That Ronald VanAuc?car is the Applicant; that ADOli cant does not cwn all of the land; that the other owners are Oren C naves and Carmen J. Mayes, apn Leasing/Canvest, an Idaho Partner=hip, Franklin-eagle J01nt Venture, V.J J01nt Vent'1r=_, and G/D Pa r'L:lerS, an Idaho G2Sleral Partnership and they ilaVe CoIlSented t0 the aDDllCct? on and have requested t~li= annexation and ~^.nino and the aDDliC~tion 1s IIOt at the request Cf the City OL rSeriGl.cn. 7 . P_da County Highway District (ACRD) , Gar- Smith, Merj.dian Cite Engineer, Meridian Police and F' re DeDa-r tL1e=1t5 , Shari S ti 1es , j+?erid~ an planning D1reCtDr, Cent='al District Hea lth Depar~ulenL, ldah0 pOWer and the Nampa-:~EriQ3-an IrrlQatlQI1 D1str? CL silDIIllttEQ COIIImentS anCl such are 1nCOrporat°Q herein as 1. seL forth 'in i:lll - 8 . Chucit Lei he of the Meridian Sc?lool submitted caltiIIIe.^.t at Ol ~~ SLC.~-C ~ Was 1 QOk? IIQ ~L+r G ~ L GCS ~G the he_r_na that the Scho parC°1 .Or a sC:lOOl anQ tale ADD.1.iC =nt Was a 1 cD i nLBrest~= i'_1 c VP1V P_URr.R FI~1DiNGS OF FACT & CONCLUSIONS OF I:ASv PaG~ ~ i SC:1001 ! n file area; that Nis. ~Cnes ~ad '' nQ~ CQtEQ t:lat tale =DDl=C3nt hcQ. made ar=allae_*!le*_1L5 with t.,e ~Clloo ~ D1s ~-==r-L t+lct a ~3.QG1E SC CO1 wculd be build in the ar=a. a . There were prone3-t,r owzler.= i 31 file area of file pronc~~~ annev~tion that annear=_~ and testi_ied at the P lanninc and Zoning hearing to make comments on the apD1iC t '-' t the testl.*~l ion; `7a any was basically as follows: a. Pat Nation Was against the alllle=tat'-On be=c1152 ]..~. was adjacent to her farm and she likes her well and the se~~rer facilities that she now has and was not interested in Citlr service; that development in the are_ wculd inter ere W1th the hOr52s that Site raises; that She wanted to be in the county and not the city and that the annexation would not be gcod for her privacy or her horses. b . Rich Alison testified that Mr . Vanrluker had • been co- operative with providine fairly pried land for the School and that school land would provide a bu_~er for M.rs . Nation . C_ Carl Hatvanl testifi°d concerning the d1tCh problems that he had had in the arz=. d. Mike Shre~ysber ~ testified that he Want=_~ tze Coruni ss=on to }mow that this was only an annexation and thaw platti na would be some time later and that there would be no interfzrenc~ with agric:lltural practices. that there was also testimony at tale Citr Council he~Ti_*la, *+vlli ch i s basically as follows: 1. James Jones, the [?pnlicant's representative testified about the proper ty and showed picturzs o~ Qe`re? oDmellt5 that Ron VanP.ucker had de`reloped; that the land was not i n a misted planned us2 area as stated in the Planni na and Zoning Commission Findincs of Fact and therefore the conditions that arz plat°d on land that _= in a mi-fed planned use area should not apD1V to tills ? mod; he stated that 1t WSS 131 an 131Qllstr;al Re`ri e:Y ~52~; DZaL hE wcs c5 CCnC°TileQ a5 the C1~J Wes a3lout some t7?:las L:lat !lave hanD_ened in one of the ar._s coned liahL '~dus~..al; ile I]rCDOSed that 1f there are u=c- that tale Cit:7 CCEs nCt Vt~1V PURER FINDINGS OF FACT & CONCT,USIONS OF r,?Sv Pats; 3 Want tO se°_ bu_?t there they WCUlQ stDU!atS that thCS2 ils2~ 'viCLl;Q not be bu? 1t tale.o i _ i ~ wcs aQr°_°3l71e w? tZ them; he offered a scaedule of uses that he said 1_s~ea t =e ne~itted and conditional use= in the Licht ndL~stcial gone f_om the c:lr=ent ~?__idi an Zcn_nc Qru_nanC° W1t h a fc~J s~1Q6es ~-e= C^a.nC2s cnd cs1CeC the C-t J CounC~l t0 re`7Z?:J tn? S and IIiarx ? t as t0 how t:le Cwt:T would Lka to ?imit the dpplicant's uses. L R1C'.'I X11' con t°stlf? ea baszcal ~.T ti:e Wc_T that he d? C. at the Plarninc and Zoning He3ri na but added that he suwDCrted the Applicant not having to Qet condit_onai u:mss. ? Rcn '~an~ukar testifies: that all of the properly was not • his; -that the General Ser-Jic° administration was a propose uszr; that he perceived the conditional use re=uire~ent as unnec°ssaryi t.`~at• the conaitional use prDC~dure adds nnc~rtainty to dew:elonlrent, a lot of de•! ay ill development, and nhe prospective tenants are not willing tc :Jail: he stated that all of the ~?ses would not ne_assarily be inside; that outside uses would be of concern to the City and that they may worms with the City on the outside uses; that he would do conditions, COVeAants and rESt_1ct? On ana Wou~-d us2 tile'_Sl tJ prOtc-t the City. ~. Jim Ressler testified that he was atypical tenant; that he :Jarred to avoid the cDnditi onai use process . Ca~eT Naves testified that there were too many r reoui cements On the aDD1.1Cat2on; tila% Conditional LISe° 4ve_e a sCaDe Coat fOr what ?S RoL a 11°~.eC use and it ?S used t0 d1sCr~1lnaL°_~ that she goes=?oned the t1?1ne OS Water'ria~TS; and that sP_e waS 1n faVOr c~L t%E tZ~D11Cct1on. 6 . Lwain Edmonds Stated that he had a 15 ,'Jfl0 Sauare foot m3caine shop on five acres, that a conditional use would be a bad rec-.:icement. i. John Jac?cson stated that he owned prone~v to the north Of the ADD11Ca.Tlt's property and WcS not part Of tale ADDl1CcZlt' a development . $ . COrn~l1 L•arseZ test? ~? °-=~ that he TNas a ~ ~..ltar; that he eACDUraCe'S that C1ty nOt i.C L1S°- CDnQ1 Tonal Uses ; that ~CIa Count) CCes not r'cCU1ce condit:.cnal uses; that file C^s ~. t0 the C1L,1 tD uS2 Cona' ._Ona1 uses wou1Q be Ver"•T hi ch. o e .; s~- L"; ~ was a r_al estat=_ manacer for M_k ror~ ~a~__~ that .,e VLSI A~i~ER FI17DI?~1GS OF FaC'" & COI~CI,US ~ ONS OF L•?~v PaG2 g tZOn `Tan1Ce°_ ; f=lat ~T . Yankee waS nCt par OL the 1 r aC~eS; t.lat he WcS C^..nC°rne^' t:lat file cDnditional u°_2 recu?rement would car. rover to Mr. '_'anxee's Land. 10. C:lr_s Nelson stated f=lat he r_pr2==nt=_d "Canvass" wilicZ o4v"I75 ~ and on Comore. C' ccl S t.~c°_t wn1C:l 1S nor ~.il O L t i'ie s:Ib j ec i property ~ that C^nQ? tonal ll52 SJere not QOCG . 10 . That file prODe="~i.V 1nC! ilde~ ' n the annevat_on anG ~On=~Q aDD11Cat_On i 5 wlthi n the L1Tea Of IIIlpaCt 0= tale Cit'r o2 Meri d? an. 1 ~ `T'hat the parcfll Of Around rE'DLle.te^r tD be annexed ? S presently included within the Meridian Urben Sersice Planning Area (U.S.P.~.) as the Urban Se_-~ice Planning Plea is dei_ned in the Meridian Comprehensive Plan. 12. That the property can be physically serJiced with City water and serer, but the 5e*.aer and water lines will have to be extended to the property by the ADDlicant. 13 . :'hat MEr? Q? an haS, ana 15, exDer-enCing a substant_al amount ci growth; that there are pressures on land previously used for agric:altural uses to be developed into resident=~? subdivision 1ot~, commercial, and industrial uses. Ia. That the following pertinent statements are mode in the Meridian Comprehensive Plan: A. Under the LP1VD, GENERAL POLICIES, seciion commencing at pace Z2, it states: Encourage a balance of Land uses to ensLlre that Meridian re*slaln5 a Qeszre-able and Scl1'- suiii c=ent communit_T; and under the INDUSTRTas, POLICIES, it states in part as follows: 3 . I Industrial development wi thin the urban ser'r_ce planning area szould re.e i ve the hi ailest priori t-T . 3.~ Industrial development szould be encouraced to ?ocate adjacent to e_ti.t=na industr_al uses. . ~ Industrial areas szould be located within prexi_*ni t-r VP1~I aUREq FIITDINGS OF FACT & CONCLUSIONS OF L~tv PAGE 5 to major ut=..t"7, trcnSuor~at iCn anG Sc= TiC°S LaCii~tiA=. - ~.° Industr_al uses should be located whet=_ d_=caarae water can be properly treat_d cr pre-t.=__ted to E1' IIlZ_*lat~ adVEr 2 ~1D_ cC s upon tilE Cr. ~. I scSvET t.e=Dent =aC~1? ~.7 anC 1,=? gay.°,^- lanG~ thai_ re.°1'Je Indus trim rsnof= . r 3.10 Industrial uses sa7oula he Iccated where adeauat_ water supply and water pressur=_ are avai 1aD1e for fire prote=flop. and under the Eastern-Eagle Road Light Industrial RevielY area is stated as follows: 3.15 The City of Meridian shall encourage the de=relooment of a Technological park and compatible ? i aht i ndustri al uses wit.`~in the proxi mi tr of the Idaho Foreicrn Trade Zone. 3.1i It is the policy of the City of Meridian to encaurage and promote Light industrial development in the Eastern Light Industri al Revies,~ area B. Under ECONOMT_C DE~IELOP_^4ENT, Economic Develo_nment Goal Statement Pol ~ cie=, Page 1° 1.1 The Cite of Meridian shall make ever? effort to create -a positive a-~osahere whicZ~ encourages industrial and commercial enterarises to Tecate in Meridian. 1.2 It is the policy of the City of Meri dian to set aside areas where commercial and industrial interests and activities are to dominate. I.3 The character, site improvements and type of ne~a commercial or industrial developments should be harnonized with the natural env_ronmenL and resc_ect the uniQUe nerds and features of each area. 1 . ~ .c. tr1II ? IICLIST.=? al anC C:~mmE="C~cl lls2_° ar? nOt ? Ii comIIl? anC° wi til file Comnrehensi~re Plan. l ~ . That the prDDer ~ 7 1S 1nClllded nTi t-11=1 an cr=_~ Qes? Cilct~^. on the Gane.al? cod Land Qse MaII ~ n the Mere C? an C:,mnrchens? ~Te Plan Va-1'~I AUKLR FINDINGS OF FaCm & CONCLUSIONS OF Lr?Lv Pact: 6 QE a L.I.Qtlt -LlldllSt..nl; the CCII1D='cnenSi'Te ~~ an St~teS at DcQe tlat "'"here are t:v0 Dlanned Industr.al Rev.E*.~7 Lar?ES aadr°_SSe^. ? n t=115 COIRDrchen5lVE ~~ an. The EasterZ-naQ1e Road LiCllt IncuS~_.c1 Re~T1ESJ P_rea " ~ the lneu°L~1G1 Po11c~°_S S~.~Lc^r ct paQe La Ci the COmDrehensz•Te Plan State 1n pares aS follQw5: " 3.11 Zoning and de~Telopment within each of the Industrial Revie:•r Press s;ZOUld be analy~ed to ascertain 1f there are pOtentlal probl=_ms Or conflicts which would hinder the development of these areas by private industrial and business Interests. 3.I2 P_11 industrial proposals that pertain to the Industrial Review Areas shall be re~Tie:aed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the i nzegri ty of the re~Tie~y areas . " ; that the specific policies for the Eastern-?gale Road Liallt Industrial Revie*.a P.rea include the following: "3.Ia The character, site improvements and t:Tpe of light industrial de~Tel'ODmentS should be harmonized with the residential uses in this area. 3.16iT Land uses within the Eastern-.gale Road Licht Industrial Revie*.+r area must be cle.n, Quiet, and free of hazardous or objectionable elements." 16. That the requested zoning of General Retail and Ser-Tice Commercial, (C-G}, Technical District and Light Industrial districts are defined in the Zoning Ordinance at 11-2-SOS B. as follows: (C-0} General Retail and Ser7~C° Ccmmerc~al: The puruose or the (C- ~ D1str? ct ~S t0 provide fOr CDmmerCl.a1 uses wh? c:1 are C`1stCmari 1V CDerated eat' T'elV or almOS ~. eI1t3.reS V wi L:11I1 c bt111di nQ; t0 proV? de for a revleTY Of tale '~1DaC~ Of prL7DOscd C.^,mmerc~al uSeS wiLCh ar°_ autD 'cad ScTJ? ce or? enL~d anQ arcz located i n C10se prOX? iI11~7 t0 Iila jor ~'li QI1waV Or ar~Er=c1 St_ E°L5 ; t0 fuT ri T 1 the ne°Q O= travel-. elaLeQ Ser'T? c°5 aS V?1V t?UKER FINDINGS OF FACT & CONC_T,USIONS OF Lr?Ini P?±CE 7 Wel~ a5 reT~=1 sales for tale tran5lent and permanent IItOtor=nC public. ai? such distr_cts shall be ccnne_ted to the L"?un1C~Dc? TrVaLar anQ ~e*4er 5 vste:lls OZ t.`le C~t;7 Or Mer.C' an, anC Seal ~ nOt Cons ~~t1t° ° ter? D CoIAmerCl.c? Ce•TeloDment apes e:lcouraae Clusterinc of CcmmerC~a? de~Te! ooment_ ('T'L) Tecilni cal Distr_ct _ The purpose of the (TJ'.) Di s tr_c ~ i s to permit and encourage file development of a technoicC_ical par{~ including re5e3rC:l and de~eloDment C°nter5, VCCatlonal and t2^.jln? C31 + SchOOls and ComDatzble IIlcnufaCturing, and whole=ale business establishments which are cle.n, quiet and fTeE Of hazardous materials anti that are Operated entlre~y Or a~mOSt entirely W1th1n enclosed Structures; to dE~lneate an area of adeguate size to accommodate present and future compatible needs on lands which are relatively free of impravemen~ts, well suited for such use because of location, tonoQraphy, access and utility service potential, and relationsrlip to other land uses could render the district infeasible for its intended use. The District must have direct access on t*ao (2) or more t=ansportation arterials or collectors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must .also be in such proximity to insure connection to the Municipal Seater and Se*.~rer systems of the City of Meridian for domestic requirements. The district is further designed to act as a buffer bet:ae~n ; naustri al and hiailwav uses and other less intensive business and residEnti al uses, and to provide an environmentally pie=sins, safe and aestilet.ically pl=__sina ertD_ loyment center for the community and the region. (I-L) Liailt Industrial : The purpose of the (I-1) Liailt Industrial District is to pravid~e for Iiailt i*laustrial development and opport;lrliti es for employment or" M_eridi an citizens and area residents and reduce the seed to commute to neighboring cities; to encourage the development of manufacturing and wholesale establis.'zments which are clean, quiet and frees of hazardous or objectionable elements, such as noise, odor, dust., smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delinEat_ areas best suited for industrial development because of location, topography, existing facilit_es and relati ons;Zi p to other land uses. This district must also be in such proximity to insure connection to the Municipal Svater and Se*aer SvST.E** 5 of the City of Merl di an . Uses incompati biE with light i ndust=-r are pct per_nitted, and strip de~Telopment is proili bite. 1 ! `T'hat 1n 1 9°2 t:le Idaho St`.nte 'LE'S? Slct~lrH DcS52^. VPSl aUR~R FINDINGS OF FACT & CONCLUSIONS OF L?Sv PaG~ 8 amendment= to the Local Planni *lc pct, will c:l in 6 ~ -~=i~ TQGnC Cede, gelatine to subs=vis~an or:~inance= stat_s as Follows. "L~C:1 SLIC:l ordinance If1aV Cr^V=Ce fur III1L~Qa~.On C2 the E=~c=DS Of SilbdiViSi On develCDIIIe'_:L On the ab1'? t7 Oi pol_t_=c? S~1DCi7? SiOnS Or file SLct=, 1nCluCZne sc:lG01 ~St=r.C~S, t0 Qel1VEr ser'JiCeS W1tj10llt C^mnromis? ne cual? t7 0- 52= J=C° Cel i sTer'~T t0 C'1r.=ent reSl~SentS Or +~1DC51.'_le Subst~nt.al adQ?t1.Onal COStS t1DOn C:lr.°Tlt res~Qents t0 aC^_OIIIIIIOdat° the SilbO.lV=Si On. " i that the City of Meridian is concerned with the i.*lcres2 in develaoment that 1S OCCArr'ng and W1th Its imDaCt On the City be?ne able to provide =ire, police, emergency health care, Water, se~oer, parks and recreation Ser-J1CeS to its current re=idents and busine_s and to those moving into the City; the City is also concerned that the incre.se in commercial and industrial development is brincine i n more population and is burdeninc the schools of the Meridian Schcol District whica provide school se_-Jice to csr=ent and tut~sre re=zdent Of the C1ty; that the C~t7 ~{ZOWS tIlnt t:7e 1nCreES2 ? Il pODLllatiCn, and tale houslne fDr that pODUlatiOn, does not silf-;C=ent1V ?nC~e3Se the tax base t0 Of_Sct the COSt Oi prOV?C1ne f??'e, pol? Ce, EmerQenCy he=~ to Ccre, Wester, ScS•ier, pares anc recreation ser-Jices; and the City knows that the increase in population does not provide su__icient tax base to provide for sCh001 Ser'J1C°S t0 C:Irrent and flltllrc StilCentS; that the increase i n COmmerC? al and 2ndllStr? al WL11Cj'1 mlellt lOCat° ? n th? S annex3t? On wculd be helpful. 18. That pursuant to the iastr;lction, Quidance, and d_=e=tion cf the ~ dailo S `::te L2'Ji siatsr `, the Cit r may impose either a de~TelODment fe°_ Or n trcllsfer fc°_ On r.S? Cent' al prccer~-T, wnic:l, V~_N dURER FINDINGS OF FOC'I' & CCNCT_„JSIONS OF L?Zv Pact, 9 ~= poss_b1e, wools be reL~OcCtive anQ apply t0 cl? loLS ?n file Cit~T, be_ausc oz t:le 1IIlperilmen~ tD the he=ltl, we! _cT°, cnQ saZt'I o= the citi yens cf the Cit T of Meridian. I°. That Section 11-°-~05 C states as fellows: "Right-Cf-:dcV fOr pedestrian wa1.~C'~ninVS 1n file m? Qd! a OI 1anQ blcc?ts may be rersui _Ted where necessary to obts~ *~ conve.lien-c pedestrian circulation to schools, parrs or shopnina areas; the pedestrian easement shall be at least ten feet (10') wide." 20. That Section I1-9-o05 G i. states as follows: "Planting strips shall be rewired to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the vie*.+~ from residential properties. Such screening shall be a minimum of twenty feet (ZO' ) wide, and shall not be a part of the normal street ri aht of way or utility easement." 21. That Section 11-°-v05 H 2. states as follows: '•Exi sting natural features which acid value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic soots and similar irreplaceable amenities) shall be preser-Jed in the design of the subdivision;" 22. That Section 11-O-o~75 R states as follows: "T~`le extent and location of lands designed for liner open spaces corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easement=, transportation rights of way or ware= rights oz way. Landscaping, screening or lineal ones space corridors may be raguire3 for the protection of residential properties from adjacent arterial streets, waterways, railroad r.ahts of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural State), linear Open spcc° CDrridor5 ser"Je 1. TO preserve openness; 2 . To i nterccnnect part and open space svst_ms wi thi n r=wilts OL WcV fOr trails, waliC:dayS, biCyC1°_ WaVS; 3. To play a major role in conser'sinQ ar=_= scenic and ti c1 TT AiTTZF'D T.T1lTT1T1T~'^- (1T: L'Tr"n L r'f1TT('T.TTCT(1NC ('1F T.]Gi Da(_^ T (1 natural Value, eSueClcl?y WcL_°;':vaVS, Qrc?IlaCEs anC nat'1ra ~ haDlt3t ; ~. TO bufrer more ?nt°nslve aQ]aC°^t ur=an lanQ LI52S; 5 . To enilanc~ local i dentific.ai on within the ar=a due to the internal linkages; and 6 . To li n1c residential nei ailboraoods, par's ar`as and re_re :flop facili ties . " 23. That Section 11-O-SOS L states as fcilows: "Bicircle and pedestrian pathways shall be encouraged within ne~~r developments as part of the public right of way or as separate easements so~that an alternate transaortation systeIIl (which is distinct and separate from the automobile ) can be provided throughout the City IIr3~an Sersice Planning Are=_ The Commission and Council shall consider the Bic--rcle-?edestrian Design Manual for Ada County (as prepared by P_da County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 2Q. That II-9-v'07 A, of the Subdivision Ordinances, states in part as follows: "The City's policy is to encourage developers of land development and const=sction projects to utilice the provisions of this Section to achieve the following: 1 . A development. pattern i n accora with the coals , objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public serJices which suDDOrt such uses." 25. That the City is in the proc8ss of amending the Zoninc Ordinance and the Subdivision and Development Ordinances; that the present Zoning Ordinance provides for only one industrial zone which i s the Light Industrial Zone and ~~hi c:l authori cn_ all industr? al u525 ? f cl~ oWed; that One Of tale prcno°2^. a.II* endmentS t0 the Zoning Ordinanc$ is to reorganise the industrial uses and have a light industrial zone and a heavy industrial zone_ VAN ~TTRFR F'T~II~TNC-^ nF Fa(~T ~ CDNCLIISIONS OF L•?Sv PaG? 11 2 6 . That prover nOt~Ce wcS Q? Ten c5 r''c'SU1r ea bV laW anQ c i l DrOCn~ure~ fleTere the C.'_t~i Cnuncll and C=t,7 CDUnC_1 veers Q1~Te31 cnd f O 1 ~ Owe^. . CflNCI.USI ONS 1 . Tilat al~ the prDC~aural recu? rents Of file LCCcl Planning Act and of the Ordinances of the City of Meridian have been met; includine the mailing of notice to owners of property within 300 feet of the e_Yternal boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222 , Idaho Code, and Section 11-2-~ 17 of the Revise and Compiled Ordinances of the~City of Meridian; that e_~cercise of the City's annexation authority is a legislative function. 3. That the City Council has judged theme annexation, zDning and COIld?t?Onal us2 appllC3t?OIIS under IQariO Code, Seet?On 50-222, Title 6%, Chapter 65, Idaho CDde, MerzQlan C1t•r Ordinances, Meridian Comprehensive Plan, as amended, and the r=cord submitted to it and tilincs of which it can take judicial notice. 4. That all notice and hearing requirements set fortis in Title 6i, Chaster 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. ~. That the Council may take judicial notice of government ordinances, and pvlic~es, and Of actual COndi ti On5 e_`t? St1nq Wi thi n the City and State. 6. That the land within the propcsed annexation is contigucus to the present City l.mits of the City of Meridian, and VP1V AUKER FINDINGS OF FnCT ~ CONCLIISIONS OF LAW PAGE 1 the annexation would not be a shoestring annexation. %• That the annexation apn11C3t1On hcs been ?n?~~aL°Q bV the ADp i i CZnt with the- Consent Cf the prover t-T O~v-ne= , and iS nQt unan the initiation of the City of Meridian. 8. That since thF annexaticn and zoning of Land is leg.lslative function, t,'~e City has anthOr? ty to p1aC° Conditions upon the annexation of land_ Burt vs. The City of Idaho F_lls, 105 Naha 65, 605 P.D in75 (1983). 9 . That the deV2 ~ ailment of annexed land must meet and camply wit: tho Ordinances of the City of Meridian and in particular Secj_ion I1-~-5?6, which pertains to development time schedules and rzquirements, and Section 11-0-505 M., which pertains to the tiling of ditches and water-Y~ays and I1-°-506 I?., which requirEs pressurized irrigation. That the P_pplicant shad be re~uirz~ to cannc-mot to Meridian wat_°r and se:aer; that the de~relopmEnt of the property shall be subje`•t to and contraile= by the Subdivision and Development Ordinance; that, as a C:7ndi~1On Of annexation the Applicant shall be required to enter into a development aareement as authorized by I1-2-~=16 L and I1-2-4I7 D; that the development aareement shall address the inclusion into thz subdivision of the requireme*~ts of I1-°-505 C, G., H 2, R, and L.; that the development aareement snail, as a condition of annexation, require that t~e ADDI.'_Cant, Or 1. re?u1="e'3, aIlV a551Qn5, he'r5, eYE:'.:tCrS Or personal repr2s2ntatlves, pav, when rc?uLTC~, anv developmEnt LE°_ ar tranSiEr iE°_ adODt°d bV the C?t7; that there Shah be no anre.~ati or. il_^.t~_ t?2°_ re?Li?'c?31eAt5 Of thi S parcQr~Dtl crE met Or, VaN P_UTti/A FINDINGS Or FACT & COPICI,USIONS OF LAw PAGS I3 nece=sari, the property ~~ouid be sun -ject to de-annexation and loss of Cit-r serTices , i ; the rer-uir~ent= a= t=~? = paraarann wer=_ not met 10. That the ~nnlicant's proposed use oz the proaE~y is in C^mC i 1anC2 W1th file CDII1Drc!lenslVe Plan, and therefOr? file aIlnexatlon and ZOn1na r~pDl' Cation 1s 1n COIIiorQlanC° w? th file CDI11Drehen5lVe Plan. 11. That the City adopted the Comarehensive Plan at it= meeting on January 4, I°Q4, and has not amender the Zoning Ordinances to reflect the chances made in the Compre~ensive Plan; thus, uses may be called far or allowed in the Comprehensive Plan but the Zoning Ordinances may not address provisions for the use; it is concluded that upon annexation, as canditions of annexation, the Ci t~ may impose restrictions that are not other.~is2 contained in the torrent Zoning and Subdivision and Development Ordinances. I2. The ~?oolicant has not stated or represented its intentions for development, which is of c~nc$rn to the Cit,~ Count? l ~ that s1.nCe the CDmDrehenSl~T2 Plan slat°s that the speczf? C policies for the Eastern-Eagle Road Light Industri a1 Revi a*.a Asea include the following: 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this are=- 3.1617 Land uses within the Eas~ern-=aa!R Road Liailt Induslr? al ReviET~r area must be C1E_.I* , QLI? ?L, and f_ee of hazardous or object_onable elEme~lts."; tile~e?'Ore, ? t 15 concluded, that some mesas nee_s to be reou~r=^: so that the C? t T Can insure that uses in tale area are C~°_=.n, Qu1et anQ VAN PURER FINDINGS OF FACT & CONCT_,USIONS OF LAZv Pats 14 f= °° i= Om haCcrL10u5 Or OL'' ~ eC ~.-OllaDle e! e*-*lents anQ are 1iI hcr:IlCnV W i til the r`s? de~lt_al uses 1n the are=~ tiles tale u'On? T1Q Or:.? nS.nc~, a5 amendE~, Will 1? kelV rcCU? re tl'1GL use_ r.n tae LiQnt ;nCLIS'i'..=_c~ :..One be Crean, Q111et anQ irc° O= hcZaSDO115 Or Ob JECtlOnai.''lE elements ; Mat tine area is not Iwr1 a mi xen planned Ilse' a; c= Win? C:1 remuires conditional uses for development, so conditional uses Should not be recurred as a condition of anneYat?On and zon?nQ; that Zf the Applicant agrees to have all development meet and comply with the amended Zonine Ordinance, even though it wi11 not be adopted until late=, the property should be annexed and zoned as requested. If the Applicant is not agreeable with having his development meet with the Zoning Ordinance, as amended, conditional uses shall be recu;+Ted as a condition of annexation. 1~. Theref orz, it ?s concluded that the property should be annexes and zoned General Retail and Services Commercial (C-G), Licht Indust=ial (_-L) or as Technological Dist=ict (T-S), as requested in the P_ppiication, but the Applicant and all property owners must agree, prior to an annexation ordinance being passed, that all development sha11 meet and comply with the amended Zonine Ordinance, even though it will not be adopted until lat_eT. 14. That, as a condition of annexation and the zoning the ADp1lCant, anti all propert_ OW'InerS, Shall be reau?rec to enter Into development aQre~ents as authorized by 1I-Z-sI6 L and 11-Z-~17 D; that the C1eVElCDme*lt 'core°_*s1enL Shall aaareSS , amCng Other th? nCS , the followinQ• 1. ~nclusian into the development of the =eo-u--amens: of 11- VAN AUKER FINDINGS OF FACT & CONChUSIONS OF L•?Sv Pact. 15 °-SOS a. C , Pedestr_an Wa1?t~.~ays . b. G 1, Punting St~ins- c_ H, Public Sites and Open Soacas. d. R, Lineal Open Space Corridors. e_ L, Pedestrian and Hike Path yvays_ L . Payment by the ~?pD_ 1' Cant, Or ' . recu? Sea, anV ass=Qns , hers, esecutor5 or personal representatives, 02 +anv impact, development, or transfer fee, adopt°~ by the City. 3. ~daressinc the subdivision access linkage, screen?nc, buffering, transitional land uses, traffic study and recreation services. ~ : An impact fee to help ac~ni.re a future school cr park sites to serve the area. 5. An impact few, or fees, for part, polices, and fire services as determined by the city. 6. appropriate be-rming and laadscapina. 7. Submission and approval of any rewired plats. 8. Submission and approval of individual buildi.na, arainaae, lighting, parkins, and other development plans under the - Planned Development guidelines. 9 . Harmonizing and integrating the site i mprovements with the esistina development. I0. Establishing the 35 foot landscaped setbac?t resulted under the Comprehensive Plan and iands~aaina the same. 11. ~?daressinQ the comments fram the City Staff, applicable at the time of annexation and zoning or at the time of development. I2. The sewer and water re~airements_ 13. Traffic plans a_nd access into and nut of anlT development. I~ . P..nd any other items de°med ne_sssar,~ by the City Sta Tf . 1S. That Section Ii-2-sI7 D of the Meridian Zoning Ordinanc8 st~t~s in part as follows: VP1~1 t?UKER FINDINGS OF FaC'" ~ CON~TIISIONS OF L?W P~Gr 16 "If property is annexed and zoned, the Cit_1 mey raauire or permit, as a condit_on oz the zonlna, that an owner or developer make a writ=.n commi~~ent concertina the use er development o= t:'~e subject prape=tr- If a commitment is rzouired or permitted, it shall be re_orded in the office of the Ada Countv Recorder and shall take eT-cct upon the adoption of the+ ordinance annexinc and zoning the propeT;r, or prior if agreed to by the owner of the parcel. ."~ that since the above section states that the development gar=ements shall take eff ect anon the adoption of the ordinance annexing and zoning the parcel and since no development agreements have been agreed on, or e~ren discussed, it is concluded that the development agreements are information that the City Council needs prior to the final action on the annexing and zonlna applications, which is the annexation ordinance; however, it has been stated that platting may not be done for annroximately e=ahteen months; thereTore it is concluded that the land may be annexed and zoned but the land shall be subject to de-annexation if accent_bie development agreements are not agreed upon, and entered into, after the annexation ordinance is passed. 16. That it is concluded that the annexing and zonlna of the property is in the best interests of the Cit_r of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreements are not agreed on and executed by the City and the respective property owners. 17. That the recuirements of the Meridian Policy Denar=went Meridian C1ty Engineer, Ada COUnty &iQnwc~T District, Mer?f11an Planning Director, Centrel District Health Denar'`~ent, and the Namaa & Meridian Ir.iQetion District, shall be met and addressed in Vt~.N AURER FINDINGS OF FACT & CDNC_T~USIONS OF LA~v P~G~ I7 development agreements. 18. That all ditches, canals, and waterways shall be t=1e~ as a condition o= annexation and if not so tiled, the property shall be subje_t t0 Qe-annexation. That pressur.Zed 1T=?Qation Silal~ be installed and constrscted, and if not so done the prener~y shall be subject to de-annexation. I9. That the P_nplicant and property owners shall be rewired to connect to Meridian Ovate= and sewer, at their expense, and resolve how the water and se:+rer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinances and the development agreements. 2d. That these conditions shall rsn with the land and bind the applicant, owners and its assigns. 21. with compliance of the conditions contained herein, the. annexation and zoning as requested in the r?aplication would be in the best interest of the C].tV of Meridian. Z2. That if these conditions of approval are not met by the Applicant and the respective property owners, the property sha11 be de-annexed. VP.N t?URER FINDINGS OF F?~CT ~ CONCLUSIONS OF L?Tni PAGE IS APPROVr~I, OF FINDINGS OF F3~CT rZND CflNCZL75ION5 The Meridian City Council hereby adcnts and aaDroves these Findings of Fact and Conclusions_ ROLL, CPS,L COUNCILMAN MORROT~7 VOTED (~'L COUNCILMAN YERRINGTON VOTED COUNCIL.'KAN CORRIE VOTED .JZ-~ COUNCILMAN TOLSMA VOTED MAYOR RINGSFORD (TIE BREAKER) VOTED DECISION The City Council hereby decides that the property set forth in the annlication be approvers for annexation and zoning uncle= the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant and property owners enter into development agreements or t.~iat the land be de-annexed; that if the Applicant and owners are not agreeable with these Findings of Fact and Conclusions and are not agreeable with entering into developme:~t agre°ments, the property shall not be annexed. MOTION: APPROVED: /t DISr'~PPROVED: ~~ VAN AUREB FIVDIIYGS OF FACT & CONCLUSIONS OF L?W P?~Gr, 19 interoffice MEMORANDUM ~,"`t _~ ~~;G>~xv~~ MAY 1 2 2000 To: William G. Berg, Jr. From: Marlene St. George Subject: R.C. Willey Home Furnishings Development Agreement Date: May 12, 2000 Will: Please find attached the original of the Development Agreement for R. C. Willeys. I have contacted the Planning and Zoning Department on several occasions pertaining to the Development Agreement for R. C. Willey. Since I have not received a response, and I did receive a telephone call from Marv Jensen of Salt Lake City this afternoon on this matter, I am forwarding the original to your office. Please note Mr. Jensen will be in the area on Tuesday, May 16t'', and he will be picking up a copy of the agreement at the Clerk's office on that date. I informed him he could review the agreement and then inform us if there were any issues with it. Therefore, please make sure that Mr. Jensen has a copy of this Development Agreement when he arrives in your office on Tuesday, May 16, 2000. Additionally, I have added the information on R. C. Willey to do business in Idaho.. If you have any questions please give me a call. ~' ~ ~ ~~~ ~ C:~~- Z:\Work\M\Meridian 15360M\R.C. Willey\Berg051200.Mem ~' State of Idaho OF R. C. WILLEY HOME FURNISHINGS R. C. WILLEY HOME FURNISHINGS INC. File Number C 131499 I PETE T. CENARRUSA, Secretary of State of the State of Idaho, hereby certify that an Application for Certificate of Authority, duly executed pursuant to the provisions of the Idaho Business Corporation Act, has been received in this office and is found to conform to law. ACCORDINGLY and by virtue of the authority vested in me by law, I issue this Certificate of Authority to transact business in this State and attach hereto a duplicate of the Application for such Certificate. Dated: December 13, 1999 ~~ r SECRETARY OF STATE ~,~~~~ CERTIFICATE OF AUTHORITY ,, APPLICATION FOR CERTIFICATE OF AUTHOR•t_TY (For'~,~o 't) (Instructions on Back of Application) To the Secretary of State of Idaho: •:' , The undersigned Corporation applies for a Certificate of Authority and states as fbJfows: ? ,° •. •~_ 7. The name of the corporation is R. C _ Willey Horne Furnishings ~ ~;-• ,/~ j •`, v ~•''G 2. The name which it shalt use in Idaho is R- C. Willey Home Furnishin s, Inc 3. It is incorporated under the laws of ~I,ya_h 4_ Its date of incorporation is ~j29/S9 5. The address of its principal office is __? ~nl Srn,th 00 wPGt ~ ~a1 t r aka ; ~s, iTm 841 15 Attn: Scott L_ Hyenas 6. The address to which correspondence should be addressed, if different from item 5, is same 7. The street address of its registered office in Idaho is 13 9 2 4 W _ Daimler Ct . , Boise , ID 8 3 71 ,and its registered agent in Idaho at that address is Todd Boothe 8. The names and respective business addresses of its directors and officers are: Name Office Marc Hamburg ~ Director William ChilA Patricia ChilA William Child Patricia Child Scott Hyenas Dated: Dec. 2 , 1999 Address 1440 Kiewit P1. Omaha,HE 6813= Director 2301 S_ 300 W., SLC, UT 84115 Director 2301 S_ 300 W., SLC, IIT 84115 President Secretary Treasurer R_ C_ Willey Home Furnishings (Corporation nam -~ By Scott L_ Hyenas Its Vice President/Treasurer (specify capzcity of signer) same same same Customer Acct Cd ~ Pa .~~a~c we vary i~/13/ ~~~ ~3e00 CK: 826735 CT: IZ3383 13H: 273858 ` 1 @ iBB.~ = iBB.BB AUTH RRD I! P 5 9q t ~ / 3/ ((( o ~~. y 0 ~~i L OF TtjE ',~6~f - -~5~-: r a r - '~a` ~~ ; N , ~ ~,, ~,yi '~- ~,~ _ 1 8 9 B /../~l MARVIN W. JENSENQ 2301 SOUTH 300 WEST SALT LAKE CITY, UT 8411 ~ /"'~ Utah Department of Commerce ~ Division of Corporations & Commercial Code 160 East 300 South, 2nd Floor, Box 146705 Salt Lake Cit}'. UT 84114-G705 Phone: (80I) 530-3849 Fax: (801) 530-6111 ~Veb site: http://mvvv.commerce.state.ut.us n~ .~ n ~ 1 ..~ ~~ ~, ,. ~ - ~, ,,~% c /~~~ `. - v ,` ~'.~ 11/16/99 CERTIFICATE OF EXISTENCE CO 035692 R.C. WILLEY HOME FURNISHINGS JUNE 29, 1959 The Division of Corporations and Commercial Code of the State of Utah, custodian of the records of business registrations, certifies that the business entity on this certificate is authorized to transact business and was duly registered under the laws of the State of Utah. Lorena Riffo-Jenson Division Director of Corporations and Commercial Code Dept. of Professional Licensing Real Estate Public Utilities Securities Consumer Protectior. (801)530-6628 (801)530-6747 (801)530-6651 (801)530-6600 (80])530-6601 f:\home\core\common\template\co_rtum.wpd created: l 1-18-98 mea revised: 04-02-99 mcg r ~• ~\ CENTRAL •• DISTRICT - ~11"HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 315-5211 • FAX 327.8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environnrcnt. 98-793 December 15, 1998 Mr. David Navarro Ada County Recorder 650 Main Boise, Idaho 83704 REcE~D nEC ~ ~ ~9~s CITY OF MERIDIAN Re: R. C. Wiley Home Furnishings, 3301 N. Lanark, SW% Section 9 T3N R1E Legal description is attached, Meridian, Idaho, Ada County. Dear Mr. Navarro: Central District Health Department has reviewed this project and can release sanitary restrictions this day December 15, 1998. This property will be served by central sewage and water facilities, provided by the city of Meridian, Idaho. Sincerely, •-- ~~ Thomas Schmalz, EHS Senior Environmental Health Specialist cc: Tom Turco, Director of Environmental Health Martin 0. Jones, Supervisor of Environmental Health Carl Geiger, CSHQA Engineers City of Meridian Serving Valley, Elmore, Boise, and Ada Counties Ada / 8olse County Office 707 N. Armsrong PI. Boise. ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immun¢ations: 327-7450 Senior Nutrltlon: 327-7460 WIC: 327-7488 FAX: 327-8500 Ada-WIC Satelilte Office 1606 Roberts Bofse, ID 83705 Ph. 334-3355 FAX: 334-3355 Elmore County Olfice 520 E. 8th Street N. Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1 st Street P.O.-Box 1448 McCall, ID. 83638 Ph. 634-7194 FAX: 634-2174 12i1~1i98 11:20 FA1 208 s•33 1858 CSHOA :~!EiP • ~=18-1998 15 46 /"~ :'•Policy NO, P151093 SV 2567450 /"~ moos P.0?iz4 ~;~ PARALLEL WITTi AND 70.0 FB6'r fiASTERLY PROM TH8 CENTERLINE AND BE,i-its SoCTi'Fi 88 / DSGREfiS 32'03" BAST FROM STATION 70+24.79 OP SAID HIGHWAY SIIRVEY; THENCE NORTH 1 DEGREES 27'57" EAST ALONG SAID•LAST PARALLEL LINE 380.8 FBBT TO A POINT ZN THE SOUTHERLY AIGHT OP WAY 80IINDARY LINE OF THF] t7NION PACIFIC RAILROAD AND OPPOSITE STATION 79+05.27 OF SAID HIGHWAY SIIRVFsY; THENCE WESTERLY ALONG THE 90IITHBRLY BOIIDTDARY LINE OF SAID RAILROAD RIGHT OF WAY 70.0 FEET, MORE OR LESS, TO A POINT IN THS WEST LINE OP 6AID SOIITHWEST QUARTER OF THE SOD'I'IiWEST QUARTER, THENCE SOUTHERLY ALONG SAID WB9T LINE 1097.0 PE6T, MORE OR LESS, TO THS PLACE OF HEGINNING. FND 08 LEGAL DF.5CRIPTYOI7 DEC 14 1998 10 21 208 343 1858 PAGE.03 /-~ ~ .., Ada County Highway District Judy Peavey-Derr. President 318 East 37th Sheet Dave Bivens, 1st Vice President Garden City ID 83714-6d)9 Sherry R. Huber, 2nd Vice President Phone (208) 387-6100 Susan S. Eastlake, Commissioner FAX (208) 387-6391 David E. Wynkoop, Commissioner E-mail: tellus!~~ACIID_ada_iL~_us June 20, 2001 Mark D. Knowles, Architect 250 S. 5`'' Street Boise, ID 83702 RECEI'V~~I) ,~U~. - 2 2001 CIZ`Y OF MERIDIAN Re: Staff Level Approval MSPROI-11 Franklin Road and Eagle Road Loading Dock Facts and Findings: A. The Ada County Highway District (ACRD) staff has received the above referenced application requesting plan review approval to construct an expansion of the existing loading dock and provide a new access to Lanark Street, as well as widening another existing driveway access. The site is located on the north east corner of the Franklin Road and Eagle Road intersection, to the north of the existing building. This development is not estimated to generate any additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation Manual. B. The application and site plan stamped and received by the District on June 11, 2001, has been reviewed by the ACRD Planning and Development staff and conforms to applicable District standards/policy, or can be made to conform with the change(s) to the plan described in the requirements stated below. C. This is a staff level approval and will not be heard by the ACRD Commission unless the site plan is changed in such a manner as to not conform with District standards/policy or an appeal of the Planning a~~d Development staff decision is submitted as described within the Sta~~dard Requirements outlined below. D. On Tune 11, 2001, the District Planning and Developn3.ent staff inspected this site and evaluated the transportation system in the vicinity. On ,iw~e ] 5, 2~OOl ,the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. \,1SPR01-1 l .sla.doc Pack 1 .,, ~~ The follo~~~ing requirements are provided as conditions for approval: Site Specific Requirements: The applicant is proposing to construct a driveway on Lanark Street located approximately 1.,350-feetnoi-th of Franklin Road is approved with this application. 2. The applicant is proposing to widen an existing driveway on Lanark Street located approximately 1000-feet north of Franklin Road. The proposed driveway width meets District policy and is approved with this application. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Any existing irrigation facilities should be relocated outside of the right-of--way. 5. Replace any damaged curb, gutter and/or sidewalk on Lanark Street to match existing improvements. Segments to be replaced shall be determined by ACHD Construction Services staff. Contact Construction Services at 387-6280 (with file number) for details. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact ACHD's Utility Coordinator at 387-2516 or 378-6258 (with file number) for details. Standard Requirements: This decision of the Planning and Development Supervisor may be appealed to the Ada County Highway District Commission by the applicant or by another party within 15 calendar days from the date of this report. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The request will be heard by the District Commission at an evening meeting within 20 calendar days of the District's receipt of the appeal letter. The appellant will be notified of the date and time of the Commission meeting. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within two days of the action and shall include a minimum fee of $1 10.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written doclunentation of data that was not available to the Commission at the time of it's original decision. The request for reconsideration will be heard by the District Commission at the next regular ~meetin~ of the Commission. If the Commission agrees to reconsider the action, the applicant will be notif ed of the date and time of the Commission meeting at which the reconsideration will be heard. MSPROI-] l.sla.doc Pace ---~ /`-~. r~~ 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Ma~1ua1, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless awaiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. No change in the terms and conditions of this approval shall be valid w7less they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. n9SPRQl-1 l.sla.doc p-~„~ f ____- - - _ a...--~----°"""~ --- - -- ,~~ ~ ~ ~'; I ---' -- ---- _ ~ 4 ~ r ~ Jr~ ~ `. `~ old@a BEFORE THE MERIDIAN CITY COUNCIL RONALD VAN AUCRER ANNERATION AND ZONING A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9, T. 3.N., R. l.E., BOISE, MERIDIAN, ADA COUNTY, IDAHO MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing August 6, 1994, at the hour of 7:30 o'clock p.m. , that James R. Jones representing the Petitioner appeared in person, the City Council of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for August 6, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the August 6, 1994, hearing; that the public was given full opportunity to express comments and submit .evidence; and that .copies. of all notices were available to newspaper, radio and television stations; 2. That the .property inciurled iri the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1 approximately 172 acres in size. 3. That the property is presently zoned by Ada County as M-1 Industrial and RT Rural~Transition residential; that. the Applicant requests that portions of the property be zone TE Technical District, I-L Light Industrial and C-G General Retail and Service Commercial; that no specific use for the property was presented but it was stated that it would be platted later. 4. The general area surrounding the property is used for industrial, warehousing and agricultural uses. 5. That the property is now adjacent and abutting to the present City limits. 6. That Ronald VanAucker is the Applicant; that Applicant does not own all of the land; that the other owners are Oren C. Mayes and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho Partnership, Franklin-Eagle Joint Venture, VJ Joint Venture, and. G/D Partners, an Idaho General Partnership and they have consented to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. Ada County Highway District (ACRD), Gary Smith, Meridian City Engineer, Meridian Police and Fire Departments, Shari Stiles, Meridian planning Director, Central District Health Department, Idaho Power and the Nampa-Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 8. Chuck Leihe of the Meridian School submitted comment at the hearing that the School District was looking for a 32 acre parcel for a school and the Applicant was also interested in a VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 2 school in the area; that Mr. Jones ~ad indicated that the Applicant had made arrangements with the School District that a middle school 1 would be build in the area. 9. There were property owners in the area of the proposed annexation that appeared and testified at the Planning and Zoning hearing to make comments on the application; that the testimony was basically as follows: a. Pat Nation was against the annexation because it was adjacent to her farm and she likes her well and the sewer facilities that she now has and was not interested in City service; that development in the area would interfere with the horses that she raises; that she wanted to be in the county and not the city and that the annexation would not be good for her privacy or her horses. b. Rich Allison testified that Mr. VanAuker had been co- operative with providing fairly priced land for the School and that school land would provide a buffer for Mrs. Nation. c. Carl Hatvani testified concerning the ditch problems that. he had had in the area. d. Mike Shrewsberry testified that he wanted the Commission to know that this was only an annexation and that platting would be some time later and that there would be no interference with agricultural practices. that there was also testimony at the City Council hearing, which is basically as follows: 1. James Jones, the Applicant's representative testified about the. property and showed pictures of developments that Ron VanAucker had developed; that the land was not in a mixed planned use area as stated in the Planning and Zoning Commission Findings of Fact and therefore the conditions that are placed on land that is in a mixed planned use area should not apply to this land; he stated that it was in an Industrial Review Area; that he was as concerned as the City was about some things that have happened in one of the areas zoned light industrial; he proposed that if there are uses that the City does not VAN AURER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 3 ~ . /'~ want to see built there they would stipulate that those uses would not be built there if it was agreeable with them; he offered a schedule of uses that he said listed the permitted and conditional uses in the Light Industrial zone from the current Meridian Zoning Ordinance with a few suggested changes and asked the City Council to review this and mark it as to how the City. would like to limit the Applicant's uses. 2. Rich Allison testified basically the way that he did at the Plarni.nQ and Zoning Hearing but' added that he suppcrted the Applicant not having to get conditional uses. 3. Ron VanAukar testified that all of the property was not hi.s; 'that the General Service Administration was a proposed user; that he perceived the conditional use requirement a~ unnecessary; that. the conditional-use procedure adds uncertainty to development, a lot of delay in development, and the prospective tenants are not willing to wait: he stated that all of the uses would not necessarily be inside; that outside uses would be of concern to the City~and that they may work with the City on the outside uses; that he would do conditions, covenants and restriction and would use them to protect the City. 4. Jim Ressler testified that he was a typical tenant; that he warted to avoid the conditional usP process. 5. Carmen !Mayes testified that there were too many requirements on the application; that conditional uses we•~e a scape coat for what is not a listed use and it is usad to discriminate; that she questioned the tiling of waterways; and that she was in favor of the Application. 6. i~wain Edmonds stated that he had a 15,000 square foot mart~.ine shop on five acres, that a conditional use would be a bad requirement. 7. John Jackson stated that he owned property to the north of the Applicznt's property and was not part of the Applicant's development, 8. CornAil. Larsen testified that he was a realtor; that he encouraged that Cit~• not to use conditional uses; that Ada County does not require conditional uses; that .the cost to the City to use conditional uses would be very high. 9. Mike Ford stated that he was a real estate manager for VAN AvRER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 4 i't Ron Yankee; that Mr. Yankee was not part of the 172 acres; that he was concerned that the conditional use requirement would carryover to Mr. Yankee's land. 10. Chris Nelson stated that he represented "Canvass" which owns land on Commercial Street which is north of the subject property; that conditional use were not good. 10. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 11. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A.) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. That the property can be physically serviced with City water. and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. 13. That Meridian has, and is, experiencing a substantial amount of growth; that there are pressures on land previously used. for agricultural uses to be developed into residential subdivision lots, commercial, and industrial uses. 14. That the following pertinent statements are made in the Meridian Comprehensive,Plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desireable and self- sufficient community; and under the INDUSTRIAL POLICIES, it states in part as follows: 3.1 Industrial development within the urban service Manning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity VAN AUKER FINDINGS OF FACT ~ CONCLUSIONS OF LAW PAGE 5 %'~ , f''~ to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive. industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. and under the Eastern-Eagle Road Light Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. B. Under ECONOMIC DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial-and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new .commercial or industrial developments should be .harmonized with the natural environment and respect the unique needs and features of each area. 1.5 St.ri.p industrial and +comm+ercial pees are not in eompiiance with the Comprehensive Plan. 15. That the property is included within an area designated on the Generalized Land-Use Map in the Meridian Comprehensive Plan VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 5 r't~_ /'t as a Light Industrial; the Comprehensive Plan states at page 17 that "There are two planned Industrial Review Areas addressed in this Comprehensive Plan. The Eastern-Eagle Road Light Industrial Review Area ."; the Industrial Policies stated at page 24 of the Comprehensive Plan state in part as~follows: "3.11 Zoning and development within each of the Industrial Review Areas should be analyzed to ascertain if there are potential problems or conflicts which would hinder the development of these areas- by private industrial and business interests. 3.12 All industrial proposals that pertain to -the Industrial Review Areas shall be reviewed and monitored by the City Council or designated commissions or committees, so that approved uses are compatible with surrounding planned uses and preserve the integrity of the review areas."; that the specific policies for the Eastern-Eagle Road Light Industrial Review Area include the following: "3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern-Eagle Road Light Industrial Review area must be clean, quiet, and free of hazardous or objectionable elements." 16. That the requested zoning of General Retail and Service Commercial, (C-G), Technical District and Light Industrial districts are defined in the Zoning Ordinance at 11-2-408 B. as follows: (C-G) General Retail and Service Commercial: The purpose of the tC-G~ District is to provide for ~orciai uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 7 /~ well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. (TE) Technical District: The purpose of the (TE) District is to permit and encourage the development of a technological park, including research and development centers, vocational and technical schools .and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to. accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two (2) or more transportation arterials or collectors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must.aiso be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian for domestic requirements. The district is further designed to act as a buffer between industrial and highway uses and other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and the region. (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 17. That in 1992 the Idaho State Legislature passed VAN AURER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 8 amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its. impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial which might locate in this annexation would be helpful. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 9 /'<^ /"ti if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 20. That Section 11-9-605 G i. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 21. That Section 11-9-605 H.2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of 'the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 22. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: i . rTo prea~re openness ; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 10 /"< ~^ natural value, especially waterways, drainages and natural habitat; 4. To buffer mope intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 23. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so~that an alternate transportation .system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 24. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 25. That the City is in the process of amending the Zoning Ordinance and the Subdivision and Development Ordinance; that the present Zoning Ordinance provides for only one industrial zone which is the Light Industrial Zone and which authorizes all industrial uses if allowed; that one of the proposed amendments to the Zoning Ordinance is to reorganize the industrial uses and have a light industrial zone and a heavy industrial zone. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 11 /"C 26. That proper notice was given as required by law and all procedures before the City Council and City Council were given and followed. CONCLUSIONS ` 1. That all the procedural requirements of the Local Planning Act and of the .Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the~City of Meridian; that exercise of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 12 ~ .~. the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the App~icant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation- and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The Citv of Idaho Falls, 105 Idaho 65, 665 P.D in75 (]983). 9. That the development of annexed land must meet and comply with the Ordinances oz the City of Meridian and in particular Sec{:.inn 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. That the Applicant shall be required to connect to Meridian water and sewer; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance; that, as a condition of annexation the Applicant shall be required to enter into a development agreement as authorized by 11-Z-~16 L and 11-2-417 D; that the development agreement shall address the inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, R, and L.; that the development agreement shall, as a condition of annexation, require that the Applicant, or if required, any assigns, heirs, executors or personal representatives, pay, when required, any development .fee or transfer fee adopted by the City; that there shall be no anrexutior. until the regLi-"ements of this paragraph are met or, if VAN AURE1~ FINDINGS OF FACT & COPICLUSIONS OF LAW PAGE i3 /"'~_ ~: necessary, the property would be subject to de-annexation and loss of City services, if the requirements of this paragraph were not met. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded. that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intentions for development, which is of concern to the City Council; that since the Comprehensive Plan states that the specific policies for the Eastern-Eagle Road Light Industrial Review Area include the following: 3.14 The character, site improvements and type of light industrial developments should be harmonized with the residential uses in this area. 3.16U Land uses within the Eastern-Eagle Road Light industrial Review area must be clean, quiet, and free of hazardous or objectionable elements."; therefore, it is concluded, that some means needs to be required so that the City can insure that uses in the area are clean, quiet and VAN AUi{ER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 14 free from hazardous or objectionable elements and are in harmony with the residential uses in the area; that the Zoning Ordinance, as amended, will likely require that uses in the Light Industrial zone be clean, quiet and free of hazardous or objectionable elements; that the area is not in a mixed planned use area which requires conditional uses for development, so conditional uses should not be required as a condition of annexation and zoning; that if .the Applicant agrees to have a1T development meet and comply with the amended Zoning Ordinance, even though it will not be adopted until ,later, the property should be annexed and zoned as requested. If the Applicant is not agreeable with having his development meet with the Zoning Ordinance, as amended, conditional uses shall be required as a condition of annexation. 13. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G),. Light Industrial (I-L) or as Technological District (T-E), as requested in the Application, but the Applicant and all property owners must agree, prior to an annexation ordinance being passed, that all development shall meet and comply with the amended Zoning Ordinance, even though it will not be adopted until later. 14. That, as a condition of annexation and the zoning the Applicant, and all property owners, shall be required to enter into development agreements as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 1~S ~. /"~`~,. 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. R, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs,. executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4 An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff. 15. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 16 ,,._. /'~ . ~. "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. .„; that since the above section states that the development agreements shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreements have been agreed on, or even discussed, it is concluded that the development agreements are information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance; however, it has been stated that platting may not be done for approximately eighteen months; therefore it is concluded that the land may be annexed and zoned but the land shall be subject to de-annexation if acceptable development agreements are not agreed upon, and entered into, after the annexation ordinance is passed. 16. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreements are not agreed on and executed by the City and the respective property owners. 17. That the requirements of the Meridian Police Department Heridian City Eagir~e~er, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in VAN AURER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE 17 1 ~ ' development agreements. 18. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not .so done the property shall be subject to de-annexation. 19. That the Applicant and property owners shall be required to connect to Meridian water and sewer, at their expense, and resolve how the water and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreements. 20. That these conditions shall run with the land and bind the applicant, owners and its assigns. 21. With compliance of the conditions contained herein, the. annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. 22. That if these conditions of approval are not met by the Applicant and the respective property owners, the property shall be de-annexed. VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW FAGE 3.8 ~~,+ ~, APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COUNCILMAN MORROW ~ VOTED COUNCILMAN YERRINGTON VOTED COUNCILMAN CORRIE VOTED COUNCILMAN TOLSMA ~,,,,,,,,~ MAYOR KINGSFORD (TIE BREAKER) ~ VOTED V DECISION The City Council hereby decides that the property set forth in the application be approved for annexation and zoning under the conditions set forth in these Findings. of Fact and Conclusions of Law, including that the Applicant and property owners enter into development agreements or that the land be de-annexed; that if the Applicant and owners are not agreeable with these Findings of Fact and Conclusions and are not agreeable with entering into development agreements, the property shall not be annexed. MOTION: APPROVED: /~ DISAPPROVED: VAN AUKER FINDINGS OF FACT & CONCLUSIONS OF LAW PAGE ~9 ORIGINAL BEFORE THE PLANNING AND ZONING CO1~II'sISSION OF THE CITY OF MERIDIAN RONALD VAN AUCRER ANNE]CATION AND ZONING A PORTION OF THE SW 1/4 AND THE SE 1/4 OF SECTION 9, T. 3.N., R. 1.E. BOISE, MERIDIAN, ADA COUNTY, IDAHO MERIDIAN. IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW The above entitled matter having come on for public hearing July 12, 1994, at the hour of 7:30 o'clock p.m., that James R. Jones representing the Petitioner appeared in person, the Planning and Zoning Commission of the City of Meridian having duly considered the evidence and the matter makes the following Findings of Fact and Conclusions: FINDINGS OF FACT 1. That a notice of a public hearing on the Conditional Use Permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for July 12, 1994, the first publication of which was fifteen (15) days prior to said hearing; that the matter was duly considered at the July 12, 1994, hearing; that the public was given full opportunity to express comments and submit evidence; and that copies of all notices were available to newspaper, radio and television stations; 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 1 r ~~ ~~ approximately 172 acres in size. 3. That the property is presently zoned by Ada County as M-1 Industrial; and RT Rural Transition residential; that the Applicant requests that portions of the property be zone TE Technical District, I-L Light Industrial and C-G General Retail and Service Commercial; that no specific use for the property was presented but it was stated that it would be platted later. 4. The general area surrounding the property is used for industrial, warehousing and agricultural uses. 5. That the property is now adjacent and abutting to the present City limits. 6. That Ronald VanAucker is the Applicant; that Applicant does not own all of the land; that the other owners are Oren C. Mayes and Carmen J. Mayes, 4M Leasing/Canvest, an Idaho Partnership, Franklin-Eagle Joint Venture, VJ Joint Venture, and G/D Partners, an Idaho General Partnership and they have consented to the application and have requested this annexation and zoning and the application is not at the request of the City of Meridian. 7. Ada County Highway District (ACRD), Gary Smith, Meridian City Engineer, Meridian Police and Fire Departments, Shari Stiles, Meridian planning Director, Central District Realth Department, Idaho Power and the Nampa-Meridian Irrigation District submitted comments and such are incorporated herein as if set forth in full. 8. Chuck Leihe of the Meridian School submitted comment at the hearing that the School District was looking for a 32 acre parcel for a school and the Applicant was also interested in a FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 2 /"~ /'~ school in the area; that Mr Jones had indicated that the Applicant had made arrangements with the School District that a middle school would be build in the area. 9. There were property owners in the area of the proposed annexation that appeared and testified at the Planning and Zoning hearing to make comments on the application a. Pat Nation was against the annexation because it was adjacent to her farm and she likes her well and the sewer facilities that she now has and was not interested in City service; that development in the area would interfere with the horses that she raises; that she wanted to be in the county and not the city and that the annexation would not be good for her privacy or her horses. b. Rich Allison testified that Mr. VanAuker had been co- operative with providing fairly priced land for the School and that school land would provide a buffer for Mrs. Nation. c. Carl Hatvani testified concerning the ditch problems that he had had in the area. d. Mike Shrewsberry testified that he wanted the Commission to know that this was only an annexation and that platting would be some time later and that there would be no interference with agricultural practices. 10. That the property included in the annexation and zoning application is within the Area of Impact of the City of Meridian. 11. That the parcel of ground requested to be annexed is presently included within the Meridian Urban Service Planning Area (U.S.P.A. ) as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 12. That the property can be physically serviced with City water and sewer, but the sewer and water lines will have to be extended to the property by the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 3 /"~ 13. That Meridian has, and is, experiencing a substantial amount of growth; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial, and industrial uses. 14. That the following pertinent statements are made in the Meridian Comprehensive Plan: A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desirable and self- sufficient community; and under the INDUSTRIAL POLICIES, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire protection. and under the Eastern-Eagle Road Light Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. B. Under ECONOMIC DEVELOPMENT, Economic Development Goal FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 4 Statement Policies, Page 19 1.1 The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set aside areas where commercial and industrial interests and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 15. That the property is included within an area designated on the Generalized Land Use Map in the Meridian Comprehensive Plan as a commercial area; that the commercial area is in an area that is listed as Mixed/Planed Use Development area. 16. That the requested zoning of General Retail and Service Commercial, (C-G), Technical District and Light Industrial districts are defined in the Zoning Ordinance at 11-2-408 B. as follows: (C-G) General Retail and Service Commercial: The purpose of the (C-G) District is to provide for commercial uses which are customarily operated entirely or almost entirely within a building; to provide for a review of the impact of proposed commercial uses which are auto and service oriented and are located in close proximity to major highway or arterial streets; to fulfill the need of travel-related services as well as retail sales for the transient and permanent motoring public. All such districts shall be connected to the Municipal Water and Sewer systems of the City of Meridian, and shall not constitute strip commercial development and encourage clustering of commercial development. (TE) Technical District: The purpose of the (TE) District is to permit and encourage the development of a technological FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 5 park, including research and development centers, vocational and technical schools and compatible manufacturing, and wholesale business establishments which are clean, quiet and free of hazardous materials and that are operated entirely or almost entirely within enclosed structures; to delineate an area of adequate size to accommodate present and future compatible needs on lands which are relatively free of improvements, well suited for such use because of location, topography, access and utility service potential, and relationship to other land uses could render the district infeasible for its intended use. The District must have direct access on two (2) or more transportation arterials or collectors, designed to convey large volumes of traffic through non-residential areas to major highways and thoroughfares. It must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian for domestic requirements. The district is further designed to act as a buffer between industrial and highway uses and other less intensive business and residential uses, and to provide an environmentally pleasing, safe and aesthetically pleasing employment center for the community and the region. (I-L) Light Industrial: The purpose of the (I-L) Light Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale establishments which are clean, quiet and free of hazardous or objectionable elements, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited. 17. That in 1992 the Idaho State Legislature passed amendments to the Local Planning Act, which in 67-6513 Idaho Code, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 6 additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing in more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; .that the City knows that the increase in population, and the housing for that population, does not sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial which might locate in this annexation would be helpful. 18. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, the City may impose either a development fee or a transfer fee on residential property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. 19. That Section 11-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 7 /'~ blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (10') wide." 20. That Section 11-9-605 G 1. states as follows: "Planting strips shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties. Such screening shall be a minimum of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 21. That Section 11-9-605 H 2. states as follows: "Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved in the design of the subdivision;" 22. That Section 11-9-605 K states as follows: "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 8 n 23. That Section 11-9-605 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Commission and Council shall consider the Bicvcle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments." 24. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows: "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; 5. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 25. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. CONCLUSIONS 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the external boundaries of the Applicant's property. 2. That the City of Meridian has authority to annex land pursuant to 50-222, Idaho Code, and Section 11-2-417 of the Revised and Compiled Ordinances of the City of Meridian; that exercise of the City's annexation authority is a legislative function. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 9 /'~ /'~ 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 67, Chapter 65, Idaho Code, and the Ordinances of the City of Meridian have been complied with. 5. That the Council may take judicial notice of government ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Burt vs. The City of Idaho Falls, 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, and Section 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 10 /'~ pressurized irrigation. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allowed in the Comprehensive Plan but the Zoning Ordinance may not address provisions for the use; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 12. The Applicant has not stated or represented its intentions for development, which is of concern to the Commission; it is therefore concluded, as a condition of annexation and zoning, that any use or development of the property shall only be allowed as conditional uses. 13. That it is concluded that the City could annex the property and zone it as requested but once the property was zoned the Applicant could place many different uses on the property without additional approval from the City other than building permits, which limits the control that the City should have over the development and the uses of the property due to the mandates of the Comprehensive Plan. 14. That it is concluded that since the Comprehensive Plan, FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 11 ~. /'~ under LAND USE, Mixed-Use Area at Locust Grove Road and Fairview Avenue, in 5.16U, states that all development requests will be subject to development review and conditional use permit processing to insure neighborhood compatibility, that such limitation, should also apply to the land in the area where the property is located, and since the City should have control over any uses that are to be placed on the land, it is therefore concluded that development of the parcel of land is conditioned on being developed as a Commercial or Industrial Planned Development or under the conditional use permit process. 15. Therefore, it is concluded that the property should be annexed and zoned General Retail and Service Commercial (C-G), Light Industrial (I-L) or as Technological District (T-E), as requested in the Application, but shall only be capable of being developed as a planned commercial development or under the conditional use permit process. 16. That, as a condition of annexation and the zoning the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 1. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K, Lineal Open Space Corridors. e. L, Pedestrian and Bike Path Ways. 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 12 /'~ 3. Addressing the subdivision access linkage, screening, buffering, transitional land uses, traffic study and recreation services. 4. An impact fee to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire services as determined by the city. 6. Appropriate berming and landscaping. 7. Submission and approval of any required plats. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing development. 10. Establishing the 35 foot landscaped setback required under the Comprehensive Plan and landscaping the same. 11. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 12. The sewer and water requirements. 13. Traffic plans and access into and out of any development. 14. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. 17. That Section 11-2-417 D of the Meridian Zoning Ordinance states in part as follows: "If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. .°; that since the above section states that the development agreement FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 13 /"~ shall take effect upon the adoption of the ordinance annexing and zoning the parcel and since no development agreement has been agreed on, or even discussed, it is concluded that the development agreement is information that the City Council needs prior to the final action on the annexing and zoning applications, which is the annexation ordinance, however, it has been stated that platting would not be done for approximately eighteen months and the land shall be subject to de-annexation if acceptable development agreements are not agreed upon after the annexation ordinance is passed. 18. That it is concluded that the annexing and zoning of the property is in the best interests of the City of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreements are not agreed on and executed by the City. 19. That the requirements of the Meridian Police Department Meridian City Engineer, Ada County Highway District, Meridian Planning Director, Central District Health Department, and the Nampa & Meridian Irrigation District, shall be met and addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and constructed, and if not so done the property shall be subject to de-annexation. 21. That the Applicant will be required to connect to Meridian water and sewer, at its expense, and resolve how the water FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 14 /'~; and sewer mains will serve the land; that the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the development agreement. 22. That these conditions shall run with the land and bind the applicant and its assigns. 23. With compliance of the conditions contained herein, the annexation and zoning as requested in the Application would be in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall be de-annexed. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS The Meridian Planning and Zoning Commission of the City Council of Meridian hereby adopts and approves these Findings of Fact and Conclusions. ROLL CALL COMMISSIONER HEPPER COMMISSIONER ROUNTREE COMMISSIONER SHEARER COMMISSIONER ALIDJANI CHAIRMAN JOHNSON (TIE BREAKER) RECOI~II~IENDATION VOTED VOTED ~~ .- VOTED VOTED VOTED The Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that the property set forth in FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 15 l`.. the application be approved for annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law, including that the Applicant enters into a development agreement or that the land be de-annexed; that if the Applicant is not agreeable with these Findings of Fact and Conclusions and is not agreeable with entering into a development agreement, the property should not be annexed. MOTION: APPROVED: DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW Page 16 !~ ~ ~~ AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. AMENDED ORDINANCE NO. 686 WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho m vii Q ~ _. ~- Section 1. That the real property describe as~r~ ° ~~ r.~ cn SEE EXHIBIT "K" AND "L" -~ A -N o ~ ,J --~ `~ which are attached hereto ;~' T h" ,:. and incorporated herein `' ~--~ ~ v ~ as if set forth in full m r, c z ~ ~ cn is hereby annexed to the City of Meridian, and ~.s zoned C-G, General Retail and Service Commercial; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the Van Auker request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. AMENDED ANNEJCATION ORDINANCE - VAN AURER/C-G Page 1 ~. ~ c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized lay 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law on the Van Auker Annexation and meet the Ordinances of the City of Meridian. g. That a Development Agreement is required prior to final plat or issuance of building permits, whichever comes first. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Amended Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Amended Ordinance shall be in full force and effect from and after its passage and approval as required by law. City 1996. PASSED by the City Council and approved by the Mayor of the of Meridian, Ada County, Idaho, this 16th day of January, \t\\tttttunrNrrrrr ~; S ~ .~ r~rr ~l: lf~i~t;tti t~'\\\ APPROVED: ` ). OR -- ROBERT D. CORRIE AMENDED ANNE%ATION ORDINANCE - VAN AUKER/C-G Page 2 ATTEST: W1L~, AM G. BERG, JR ' - CITY CLERK STATE OF IDAHO,) ss. County of Ada, ) n I, WILLIAM G. BERG, JR., City-Clerk of the City of Meridian, Ada County, Idaho, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance entitled "AN AMENDED ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE."; passed as Amended Ordinance No. 686 , by the City Council and Mayor of the City of Meridian, on the 16th day of January, 1996, as the same appears in my office. ~~i~re~ir rr DATED thi~~~~4~~~~%Af January, 1996. ``~' `~O _ ~~ L} ~ = ity Clerk, City of ~ e idian - ~-~~~--a = Ada County, Idaho STATE OF I DAH~S'~,~1 C'f 3~,#iV s Y , ~~~`~`~~`• /~~rrr~l~-~-tt~N~~~~ County of Ada, ) -~l~ On this ~~ day of January, 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared WILLIAM G. BERG, JR. known to me to be the person whose name is subscribed to the within and foregoing instrument, and acknowledged that he executed the same. IN officia written. SEAL WITNESS WHEREOF, I have hereunto set my hand and affixed my 1 seal the day and year in this certificate first above a`,`~ \~' X11 ` NI ,,,~~~ J~w~q,,, o~ A~~ ~SJ7 i d `7j ~9 s • ~r ~ ~~U S LAG 4 ~¢ ~~Qa ~ . ~~~y ~> ~iL') ;i~~~ ~S S .'',~1~/f if 11~R~~L,a r.. \ -'~ ,. Notary Public for Idaho Residing at Meridian, Idaho , My Commission Expires f~; AMENDED ANNEBATION ORDINANCE - VAN AURER/C-G Page 3 ~ ~ PACIFIC LAND SURVEYORS 290 North Maple Grove Road Boise. ID 83704 (208) 378-6380 FAX (208) 378-00:. PROJECT: 527230 DATE: M.vch 7, 1995 E7Q~IT K RONALD W. VAN AUI~R GENERAL CO>VQ1-tERCIAL ZONIlYG LOCATED IN THE SOUTHWEST 1/4 ,SECTION 9 TOWNSHIP 3 NORTi~ RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY, IDAHO A parcel of land loafed in the Southwest 1/4, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho and morn particularly described as follows: Beginning at a brass cap marking the Southwest comer of said Section 9; thence North 89°11'6" East 2,706.25 feet along the Southerly boundary of said Southwest 1/4, Section 9, said Southerly line also being the centerline of Franklin Road, to a brass cep mariring the Southeast comer of said Southwest 1/4, Section 9, said point being the REAL POINT OF BEGINNING; thence leaving said Southerly boundary of said Southwest 1/~, Section 9, North 00°39'59" West 295.00 feet along the Easterly boundary of said Southwest 1/4, Section 9, to a point thence North 89°56'30" West 1,663.~t2 feet along a line parallel to the Southerly right-of--way line of the Union Pacific Railroad to a point; thencx South 06°54'57" East 321.36 feel to a point on the Southerly boundary of said Southwest 1/4, Section 9, said point also being on the interline of Franklin Road; thence North 89° 11'6" East 1,628.25 fat along said Southerly boundary of the Southwest 1/4 to a brass Qp marking the Southeast comer of said Southwest 1/4, said point being the point of beginning, comprising 11.61 act+es, tttore or less. ~ ^ t'AC1F1C: LAND SURVEYORS 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 FAX (208) 378-00'_5 PROJECT: 527230 DATE: March 7,1995 EXFIIBTT L FRANKLIN-EAGLE JOINT ~ ~ CO1vII~1tCIAL ZONING LOCATED IN THE SOUTHWEST U4 ,SECTION 9 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN . ADA COUNTY, IDAHO A parcel of tend located in the Southwest 1/4, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of said Section 9, said point being the REAL POINT OF BEGINNING; thence North 89°11'36" East 1,078.00 feet along the Southerly boundary of said Southwest 1/4, Section 9, said Southerly boundary also being the centerline of Franklin Road, to a steel pin; thence leaving said Southerly boundary of the Southwest 1/4 North 06°54'57" West 1,090.38 feet to a steel pin on the Southerly right-of-way line of the Union Pacific Railroad; thence North 89°56'30" West 946.60 feet along said Southerly right-of--way line of the Union Pacific Railroad to a point oa the interline of Eagle Road; thence leaving said Southerly right-of-way line of the Union Pacific Railroad South 00°00'00" West 1,098.53 feet along said centerline of Eagle Road to a brass cap marking the Southwest corner of said Section 9, said point being the point of beginning. comprising ?5.35 acres. more or less. -:; o'~ tc' i ;. _ W~ J~ ~~~i W' i~ i ~~ ~~-~ . _, I O f ~ 1 a4 ~ Q .... \ ~, m O A •. \~ n~ i {, _-- - - - - i~ ,~ ,. ___ _ _ s~tt~ , -- -- ------ y-- _~ - ___ ~\ • \~ ~\ \~ ~- MMERCE _---------------J SUBDIVISIO -- "' ,I~ ' - ' 56',70 "E ?1o9G 35' , '•-- w UNTO PACIFIC RAILROAD - - 1 ----- ~ ----- ---------- -------- N. 89°5G 3~ W. 2~43.~8 _ ------ _ -- -- - ,I ~ ;i ' '~ ~~ ~' ~~ ~r o i 'U 11 tl ~~~ / ~~ 1p ~~~ NANCE ~vcP '~~ ' , t`c~ ; ~ ~/ ' s d9'~G'3o N - - _ _E_ /663. ;' 1 W, N ~q'SG'3~o" W l(v(o3. ¢2 i /,O78,cb' ~~` m MERIDIAN CITY COUNCIL MEETING: DECEMBER 2.1997 APPLfCANT: ITEM NUMBER: 7 REQUEST• RON VAN AUKER: DISCUSSION OF EAGLE ROAD SEWER UNE EXTENSION 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 ,~ r~~ ~ ~ .~ ~~~ l~> ti't ~~a L~'~. _ ~ ~ , l~ 1~, ~~ ~ :_ ~ ~~ ~~ :~' ~-J~"~~ ~~ ~;~ .~ ~. ~"' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. RONALD W. VAN AUKER INC. PHONE (208) 887-7994 /WATTS 1-800-967-3905 3084 EAST LANARK MERIDIAN, IDAHO 83642 November 26, 1997 City of Meridian ~~"~ °~: `'`` ` Bob Corrie, Mayor N 0 V 2 bi 199] Sherri Stiles, Planning Director Meridian City Council ~~, ~~~~~~~ I would like to have an opportunity to go before your council and present our progress with regards to the sewer for east Meridian on behalf of myself and the other property owners in the area. I feel it is important for you to be aware of the status of this project. I will be brief and hold my presentation to 10 minutes not including any questions that may arise. Thank you for your cor ~~~~~ ~, cer Y~ ~- l `' `! /~r~ have i~e~Ci~f'~BnC~z. w/~/i (/i.Zh ~~ /S~':,c,~ _ F G - 1 159? t~TY Of ~~~t~I~IA}~ 4~~ November 26, 1997 Mayor and City Council Members c/o Mr. William G. Berg City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 Re: Request for Authorization to Install Septic System Dear Mayor Corrie and Members of the City Council: i2--~6-17 C%~~'~r~ ~Qn~~L I represent McCall Properties, which owns a 7.5-acre pazcel on Commercial Court, west of Eagle Road. We aze proposing to construct a wazehouse building of approximately 50,000 squaze feet on a portion of the property. Shazi Stiles of the Planning Department has reviewed the building plans and she stated in her review that the City Council would need to approve the installation of aseptic system before we could apply for a building permit. I ask that our request for approval to install a septic system be placed on the December 16, 1997 City Council meeting agenda. Please confirm with me that we have been placed on the agenda for the meeting. Sincerely, Mark W. Summers MWS/vh I I /"~ I s l ,I .~ > 0 .~ -; _ ) i~ I = _ ~ ~l l c net ®te F--- ~ I ~~ ~= I EXISTr+c M A-z = r - - I STMT PROJECT I ----- -- --L--J /~~---- --- r~-rT~l / 1 1 1 1 1 t l 1 I 1 1 1 I I i' ~ 1 I I 1 1 I I 181N - - - ~ ~ - mm~ls eta sesar mr~son 1J_L1 L_______________ 7 S ~ Txn Ao -~- i uYNe awsrpu nelX U TBM I I --~i J ~-L 1 11TeM a TBM sl. nut 1 I SH~Si' 4j8 raal°°oe nsrr rn'c >« ~ ---~-~~ ~L, 1 TBM » 1 fl ~ __~_ _ II .~ _ _. --T--- ~ --~ I ~' 1 1 I .r I ~ II r- W 1 I-- ---L-- ~ ~x- I 1 I to I I 1 ~~v ~~~ ~~ 4ST GAP NTS I~~tl\J~lT1J ~/~QWI.I~~~ BENCH MARK ELEVATION DESCRIPTION i 2614.86 CHISELED 'O' IN TBC 10' NORTH OF SOUTH END OF CURB, EAST SIDE OF N. HICKORY AVE. 2 2617.55 CHISELED ' [Y IN GUTTER PLATE SOUTH SIDE COMMERCIAL STREET, 3 1970' WEST OF EAGLE ROAD 3 2624.91 RAIL ROAD SPIKE SOUTH FACE POWER POLE NORTH SIDE COMMERCNL COURT 1600' WEST EAGLE ROAD 4 2625.62 RIGHT-OF-WAY MONUMEM AT SOUTINVEST CORNER OF STREET INTERSECTION OF EAGLE ROAD AND COMMERCNL COURT 5 2626.23 CHISELED 'O' pJ TBC, tC' EXTRUDED CURB. SOUTH END, AT SOUTHWEST CORNER PACIFIC WATER WORKS PARKRJC LOT, NORTH SIDE COMMERCAL COURT, 3500' FAST OF EAGLE ROAD 6 26JJ.OS CHISELED 'O' IN TBC, AT ANGLE POINT .1~ EXTRUDED CURB SOUTHWEST CORNER OF PARKING LOT, ADDRESS W. 3550 COMMERCNL COURT 7 2626.52 RIGHT-OF-WAr MONUMENT IN N/S FENCE LINE, 70' RT EAGLE ROAD STA 89+59.39 (NEM FUTURE PgdE STREET EXTENSION). BRASS CAP IN CONCRETE Y ABOVE GROUND. 8 2630.07 SET S/6~ IRON PIN 35' SOUTH OF THE END OF PAVEMENT C/L OF HARDINC STREET. CONTRACTOR SHAH CAII OIGLINE. J4}-1585 FOR UTIUTr LOCATIONS CAII SHAH BC ~6 HOURS PRK)R TO STMT OF WORK. - r~ ~"`~ Meridian City Council . December 2, 1997 Page 6 Humphrey: Well at this point I don't see I have much choice. Morrow. Well sure you can double fee and stay where you are at or you can save some money. Humphrey: Let me ask you this then, how long is it going to be before I am enveloped by the City? Morrow. Well I would suggest to you that given to your situation now if you are close to being surrounded you are probably within realistically 6 to 12 months of being annexed into the City anyway. I guess it is up to you what do you want to do? Humphrey: Let's run with it. Corrie: If there are no further questions I will entertain a motion. Morrow. Mr. Mayor I would move that we grant Mr. Humprey's request to hook up to City sewer and that he in fact pay a double fee for that hook, and upon successful annexation of his property that half of that fee be reimbursed to him. Bentley: Second Corrie: Motion made and second the rest for the hook up to the City sewer by William Humphrey be approved with as stated, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: RON VAN AUKER: DISCUSSION OF EAGLE ROAD SEWER LINE EXTENSION: Come: Ron? Morrow. Mr. Mayor, for purposes of clarification Mr. Van Auker and I are both contractors we have been involved in construction business in the past. I don't perceive that to be any conflict of interest but I would appreciate the Council making that determination. Corrie: Do you own any property this is going to be on? Van Auker: For the purpose of discussion tonight Councilman Morrow none of your ground is contiguous to this ground or is it affected by this. Morrow. That is correct. Meridian City Council ~ '~ December 2, 1997 Page 7 Cowie: Council any comments? Rountree: To Walt's inquiry, I have no problem. Cowie: You may sit in Mr. Morrow, Ron go ahead. Van Auker; Mr. Mayor and the Councilmen and City representatives and audience thank you for your time here this evening. I would like to discuss just briefly what stimulated my appearance here this evening. tt comes from a meeting I had with our P & Z Administrator Ms. Stiles last week when she suggested I come before the Council and maybe discuss this so you can be thinking about it then we can do something about it at a future date. We will be taking action of some sort and there will be a lot of questions and we want you to be prepared just briefly. As you know we have been working on the and I will call it for all intensive purposes the East Meridian sewer line that services some 320 acres to east Meridian. This has been going on since 1995 and we Van Auker Construction my company took the lead for all of the property owners as their representatives to get the sewer designed, get it approved and get it built all of which we would all participate back in the cost. Ail of the key members of the group to provide that sewer as is shown and has been approved by this City are in agreement and were in agreement at the time. At such time as we decided to go forward with it the key member of which is outlined in yellow is a piece of ground that was needed for easement to place the sewer line and what I bring before the Council here this evening is I think I need somehow we need your help in accomplishing what we perceive to be a problem. The problem is two fold and ! have a vested interest, some of the other property owners have a vested interest. I think we have a health issue and we have now after meeting with the school the other day a new school that wants to go out in the area. There is a school and it is noted on the plan. Bonds have been posted for the sewer in the event that it wasn't placed in service and I think that was done in order to make sure the developer's feet were held to the fire and you get the sewer there. It is impossible for us to do it without this access. To keep this very brief and very short what we are asking you or what we want to demonstrate to you is in the interest of myself and may property owners out there that we have done the following things. We have worked with the City of Meridian, we have worked with the Central District Health, the engineers, provided a complete sewer plan for several thousands of dollars, have bids on the project, we have the approval of the City, we have the approval of DEQ and all we need are the easements. 1 think that in addition to the physical easement we have an issue that has emerged based on problems with septic tanks in the area. Not only ones that are there but you are going to be receiving obviously requests for septic tanks in the future to service that area until such time as we get the sewer out there. I submit to you that we have a looming health problem out there and that we have got tanks being pumped and raw sewage on top of the ground in some areas. One of the, the only thing, the next item is the school district has come to us and we are now working witn them in the planning of a location of the school and they have employed their architects and are -going for the bond this year. For the middle that is desperately /'~ Meridian City Council December 2, 1997 Page 8 !"\ needed out in the area. With all of this put together I think we all need to be aware of the issue and I think that I am asking you to consider the right or hopefully the opportunity we have if we can't get the one obstacle out of the way for either your assistance in condemnation or assistance in coming up with an alternate way to do it. I think previously we had requested an extension at such time you had expressed an interest to know what is going on. This is the time that we are coming before you and asking your help or your advice to do whatever we can to get this done. nth that, that is my mission here this evening and I thank you for your time and I appreciate the chance to speak before you. ff you have any questions I would be glad to answer them. Morrow. Mr. Mayor, have we not, this is the property we have been dealing with and 1 think Mayor Corrie and 1 as Councilmen dealt with over some two years ago, is this correct? Van Auker. Correct Morrow. So as a City we have not any place in terms of getting this done voluntarily. Van Auker: One of the areas in which we had a voluntary contribution with the assistance of the mayor and the Council members was enlisting the help that originally was not given to us and the easements by Mr. Bews and Mr. Wright. What happened then was one of the key members, Elixir Industries they had agreed originally with all of us in concert and then at the last minute said no we are not going to do it. Morrow: That was the meeting in excess of two years ago that Bob and I attended as Councilmen under the direction of then Mayor Kingsford we are some two years down the road here. Van Auker: Yes and it has been an ongoing process for us working with the key people here. We have tried many, many ways to get this done absent of acquiring the property and giving ourselves an easement which I don't believe we speaking collectively of all the property owners are interested in doing. So I think that I don't know what else to do. I feel we have a responsibility to do something in attempting to come up. It was really interesting in an article the other day I saw an interesting thing in one of Shari Stiles final sum ups was and we need the tax base. I submit to you we could have 20 manufacturing plants out there in that 24 month period of time and we are losing them to Nampa and to Boise. We need that area, here again I have a vested interested because 1 am a contractor and a land owner. So it is not like I am doing this just from a public spirit although I would like to think that is where it reaNy comes from. But in all honesty I think we are missing some great opportunities and I say we and that is as a member and a tax payer in the City of Meridian and a proud member of the community. Morrow: So let me ask you this, is the problem still with one person? Van Auker: Yes Meridian City Council ^ ~ December 2, 1997 Page 9 Morrow. And everybody else is on board now? Van Auker: Yes, this is a rather brief package for something but all I want to do is make you aware of the problem. We can put together a complete package that I think would support this and get help from DEQ. I am not one and sometimes it goes against my grain to force somebody to do something that they don't want to do. I am not sure where we rest, Mr. Crookston obviously would advise on that. But I guess I don't know what else to do. Mon'ow. Well I guess if I may offer from my perspective and not to speak for Mayor Come but basically the two of us have struggled for over two years now to get this accomplished. Obviously it has gone no place and so my opinion is we are past the point of kind of being nice guys and waiting here. Ms. Stiles is correct it is in the City's best interest that we get the services provided here so we get the industrial and commercial retail base that we have been struggling so hard to get. We labor under enough of a handicap given impact fees and the pending increase of impact fees and the proximity of Nampa that we don't need to have this as an issue anymore. It sounds like to me what we have done is we have given the private sector long enough to resolve the problem without taking governmental action or assistance or coercion or whatever you wish to call it. Now we are to the point where it hasn't worked so we need to press forward. So it seems to me it is in the City's best interest certainly to clear the plate. Van Auker: One of the other key issues in adding on to your statement Mr. Morrow, in condemnation proceedings so much of the time and Mr. Crookston you can help me on this one, it always becomes an ugly issue because in many instances we are taking from and or damaging someone's property. By doing the very thing that we are talking about doing there is no way in which anyone could claim there are damages other than being able to sell the ground for 3 times what it is worth and having to pay more taxes. That might be the only damages that would be claimed and I say that in jest. The property is going to be worth more through this condemnation and the laying of the sewer lines than it is today. For that reason I feel that I don't feel too bad but again if I were the property owner I might look at it differently. But and I don't know how he'll look at it. I guess I have run out of resources and thought processes and I guess that is the reason I am here appealing for you to think about it and to instruct us what you want us to do. Gather more information or whatever resources we have to get this before you in a more professional manner more professional and factual. Morrow. Final comment Mr. Mayor, if memory serves me when you and I were dealing with this before the particular property that is with the hold out should their septic system fail or whatever the expansion plans may take place the City or County would not be inclined to issue the necessary Fermits so there would be a direct benefit to that property only by having those sewer line, services available. So it seems to me that part /'~ /'~ Meridian City Council December 2, 1997 Page 10 of what we as a City need to do is get re-involved and find out what the facts are and press fonnrard from there. Rountree: Mr. Mayor, 1 just have some questions because I am not entirely familiar with that piece of property. But is the easement that you are seeking or needing to extend the sewer the entire length of the yellow or does the yellow just designate the property in question? Van Auker: That is the entire length of the yellow which runs through the property. There is already an existing road running down through the property but it is a private drive. But the road is existing and that really ties up with the road on the o#her side of Eagle Road which is for all intensive purpose Commercial Court goes to Albertson Sundry center. The 340 plus acres that it services expands off of the yellow line to the right or to the east and south. Then of course at the top corner of the particular yellow area we are looking at just to give you your bearings is the beautiful new building of the health care company. Rountree: Another question about one of your comments was that there was potential health problem out there now with the possibility of sewage being on the surface. Has DEQ or anybody indicated to you or the City that is an issue? Van Auker: If anybody really wanted to take a real good look they could make their own determination. Rountree: That may be an avenue we want to explore to help resolve this. Van Auker: I come to you with these facts only from the standpoint that I think we, I would perceive it would be something less than desirable. Rountree: Certainly, Van Auker: So that doesn't involve personalities and somebody feeling that they we have singled them out really come from point of need in public and in community enhancement without detriment to the individual that we are asking this from. Rountree: I virould have a question for the Mayor or Watt since you were involved in that property originally is there some condition on the septic system other than it failing that the City has a way of seeking some resolve here? Or is that allowed by the County? Morrow. Well very candidly, when we were involved in this in the very beginning this is a blind side deal. The assurances were all given that there were no problems here that (Inaudible) seemed to be with Mr. Bews and Mr. Wright. The two of us and Mr. Kingsford discussed the issue if memory serves me Mayor Kingsford had a conversation with Mr. Wright and it became anon-issue. So we proceeded ahead under the understanding that this was going to be a done deal. Now here we are a spokesman Meridian City Council .~ December 2, 1997 Page 11 for the property owner apparently spoke well outside of his authorities so here we are now today with no accomplishment of this. Gary if memory serves me does not this portion or ultimately will be commercial court but is it not designed to link Commercial Court in Layne Industrial Park so that it goes all the way to Eagle Road at some point in the future. Is that linkage part of this same area? Smith: As I recall Councilman Morrow without looking at the map I think there is a little jog in the road but those two streets connect and provide service from Locust Grove to Eagle road there. Van Auker: That will get a lot of the traffic congestion straightened out and plus we will have the Pine Executive extension going all the way through to Cloverdale. Not only this section but on the Cloverdale and Eagle Road. Tolsma: Question there for Gary too, when we allowed that Olson Bush park down south of Lanark Street underneath the head land there. They were going to hook onto sewer also and this is part of that same configuration. I noticed on the map here that~it shows a shot running through there because they couldn't go down the drain ditch across that one owners property, wouldn't allow them the easement there. So you went across the ditch and get back on, you have an office over there in the corner of Eagle and Lanark. Ron Yanke was inquiring about that a time or two about the city's sewer and water coming (inaudible) Van Auker: Ron Yanke, Mr. Yanke and myself own the area that you are talking about, the Olson Bush. The sewer will come across up Lanark Street cross over to Lanark on the comer south of the railroad tracks which is an industrial park of some 60 acres there. Which then by the way picks up the future development of Ed Bews' ground up on top of the hill and then clear over to the area of impact which includes more acreage. So it is key and integral to the whole part of it and in order to get the. flow of the sewer based upon working with the engineering firnn and Mr. Smith we had to do that on this side to get down so we are not 28 and 30 feet deep down in the ground because there is a natural flow going back that way. Corrie: Ron how was that proposed school supposed to be sewered? Van Auker: Well originally, there are two ways that we had talked about sewering it. Number one, one of the requirements of the seller was to either provide the sewer and or in the event he didn't provide he provide a bond. The school at one time without getting into too long of a story here at one time we had perceived we could go north and hook onto the City sewer because it is four foot off the impact line. Unfortunately for reasons that I don't know there evidently is a reason why we can't or they can't hook into the Boise sewer and the thought process was then to go north and hook into the line that the Upland Development people had put in crossed over and went over to service the residential area. At that point in time the school was going to buy or the purveyor of the property to the school was going to buy 21 hook ups at the suggestion Meridian City Council December 2, 1997 Page 12 of somebody at one point in time. And then subsequently replace that capacity when this other line came though. Now just for the record and those that don't know I am the seller to the school. So I do know quite a bit about it. Once again we have posted the money so the school can take down the money or we can go ahead and put it in. I think it is in the benefit of all us to get the sewer out there. Once the school is out there you have laid a line of future development because in goes Pine Street and in goes about 10 more industries or facilities. Thank you very much, I appreciate the opportunity and if you have any questions or need anything have Shari get a hold of me and I will get the information. Rountree: Thank you for the update. Morrow. Mr. Mayor, I think what I would like to see in terms of this particular issue is some action by Council tonight to set in motion some sort of activity so that we get moving forward and dealing with this issue. Whether it be appoint a couple person committee to start the process of instruct the City Attorney to do some research in terms of condemnation or (inaudible). It seems to me like we need to begin some action so that we begin to look forward. Rountree: Mr. Morrow, I don't disagree but 1 think the first step is maybe and maybe the last step the City needs to make and effort with the existing property owner to see if we can't get some agreement there. If not then we pursue the other actions we have as a second or last resort. Morrow. Mr. Rountree I am suggesting that committee do that, because we had a committee process before and it worked fairly well (inaudible) and now that isn't the case. So it seems to me that we have a committee that meets with the property owner after having explored all of our options with Mr. Crookston and the tools that we have at our disposal and then we have the discussion with the applicant and see if it is in his or her best interest to voluntarily join us. If not make them aware of what other options we have and our resolve as a City to move forward with line from the certain standpoints that we discussed tonight. So that would be as I see it. Rountree: I agree Corrie: Since you are going to get part of this would either of you two like to serve on the committee to take this on. I will serve on it and Charlie would you serve on it? Rountree: Yes Bird: I will Corrie: And Keith okay all right, then why don't we set that up next week and Charlie with the committee you Keitr~ and myself we will look at that next and meet with you Ron to talk to him. ~ ~1 Meridian City Council December 2, 1997 Page 13 Morrow. Mr. Mayor I would like to make a motion that we nominate a committee consisting of Councilman Rountree, Councilman-elect Bird, Mayor Corrie to meet with the City Attorney Crookston to explore our options with respect to the extension of the sewer line and meet with the one property owner Elixir Industries to explore the avenues of extending the sewer line through that property. Authorize that committee to negotiate on behalf of the Gity. Toisma: Second Corrie: Motion made and second, all those in favor? Opposed? MOTION CARRIED: All Yea Smith: I don't see an item on the agenda but I believe City Clerk Berg received a letter from Great Western Chemical Co. requesting City approval of a septic tank installation. (End of Tape) (Tape Inaudible) Van Auker: (Inaudible) this would all be funded by private dollars. And in the instance of the potential of what we are talking about condemnation we are not requesting that they participate in the today's cost that would be fronted and then the City could recover that back for the people to put up the money in the latecomers fees. So for the benefit of everybody this is not, we are not asking the City to pay for any portion of this. That is all done by private money. Thank you very much. ITEM #8: COVENANTS, CONDITIONS, AND RESTRICTIONS FOR GRANITE CREEK SUBDIVISION: Corrie: City Attorney have you reviewed these? Crookston: I reviewed them for last meeting, I had one comment and Will Berg and 1 discussed it today and now 1 can't remember what my comment was. Berg: It dealt with the square footage of the house and we looked it up in the development agreement and the zoning with Shari last week and it was okay. Crookston: That is the only comment I had. Come: Any questions from Council? We wilt need the City Council approval. Morrow. Mr. Mayor, I move that we approve the covenants, conditions and res'.rictions for Granite Creek Subdivision. ~ /"1 MERIDIAN CITY COUNCIL MEETING: NOVEMBER 5 1997 APPLICANT: ITEM NUMBER: 16 REQUEST• RON VAN AUKER• DISCUSSION OF LAND TO EAST OF FUTURE MIDDLE SCHOOL SITE AGENCY COMMENTS _ CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: (~ E1 CITY BUILDING DEPT: ~ (,+~'~ MERIDIAN SCHOOL DISTRICT: ~ ~ : ~ ` 1. ' MERIDIAN POST OFFICE: ~~'~ ~~ U a ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: H TH: CENTRAL DISTRICT EAL NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~'. RONALD W. VAN AUKER 3084 East Lanark Meridian, ID 83642 887-7994 ~C~V~ OC1 2 71997 i " Y 0~ KER~DIAN October 22, 1997 Mayor--and City Council Members Flo Mr. William G. Berg Ci Of Meri ian 33 E. Idaho Avenge Meridian, ID 83642 Sent via Fax and First Class Mail Re: Land to the East of the Future Middle School between Eagle and Cloverdale Dear Mr. Mayor and Members of the City Council: I respectfully request that I be placed on the agenda for the next available City Council --_ meeting so that I can discuss a +/-200 foot strip of land to the east of the school site which we sold to the Meridian District. We have met with Shari Stiles and Gary Smith and it was suggested that we discuss the matter with the Mayor and the City Council. Thank you for your consideration and please let me know when the meeting is scheduled. Sincerely, Bradley E. Miller 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. SHAWCROf= f, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL' GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney July 12, 1996 Mr. Brad Miller R-2 Development, Inc. 3084 East Lanark Meridian, Ida. 83642 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 , ROBERT D. CORRIE Mayor RE: SEPTIC TANK APPROVAL COMMERCE COURT BUILDING Dear Brad: COON I ~!Fti/KERB WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY J ~ ~~ i ~~ ~x~~, ~~ ~~ >~~ It has been brought to my attention that the City Council approved time for use of a temporary septic tank for Mr. Van Auker's 50,000 square foot building on Commerce Court has lapsed. The temporary septic tank use was approved by City Council on May 16, 1995 for a period of one year to May 16, 1996. Additionally, yesterday Tom Schmalz of the Central District Health Department called me to ask about sewer service and to say that a septic tank permit was never issued for this building and that your application has expired. Apparently Tom had asked for more information on the application and it was never presented to him. When the approximate 172 acres of Mr. Van Auker's and others land was requested to be annexed, of which the land under this 50,000 square foot building was a part, the City required "that the applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land." This requirement is shown in Section 2 (a) of annexation ordinance #681, #685, #686 which were adopted December 20, 1994. Mr. Van Auker's plans for sanitary sewer line extension to serve the annexed property have been approved by the City o€Meridian and the City assisted Mr. Van Auker in obtaining an easement for Gemtone so that the extension project could move forward. Several months ago you informed me that you had reached an impasse in obtaining an easement from Elixer Industries who up to that time had represented, through Mr. Paul Clayton, to be a willing party to the extension. r. My Mayor and Council are interested to know the sewer line extension project status in light of the expiration of their approval for use of a temporary septic tank at the Commerce Court building site. Si rely, G .Smith, P.E. City Engineer cc: File City Clerk Tom Schmalz /`~ i"'~ s. 290 North Maple Grove Road Boise, ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527230 DATE: March 7, 1995 REVISED: December 18, 1995 EXHIBIT A G/D PARTNERS LIGHT INDUSTRIAL ZONING LOCATED IN THE SOUTHWEST 1/4, SECTION 9 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN ADA COUNTY, IDAHO A parcel of land located in the Southwest 1/4, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel also being the West 1/2 of Lot 2, Block 1, Commerce Park Subdivision as filed for record in the office of the Ada County Recorder in Book 45 of Plats at Pages 3721 and 3722, and more particularly described as follows; Beginning at the Southwest corner of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada. County, Idaho: thence North 00°00'00" East 1,298.53 feet along the Westerly boundary of said Section 9 to a point; thence. South 89°56'30" East 40.00 feet to an iron pin on the Northerly right-of--way line of the Union Pacific Railroad; thence continuing South 89°56'30" East 438.75 feet along said Northerly right-of--way line of the Union Pacific Railroad and the South boundary of said Commerce Park Subdivision to the Southwest corner of said Lot 2, Block 1, said point being the REAL POINT OF BEGINNING; thence North 00°00'00" East 479.99 feet along the Westerly boundary of said Lot 2 to a point on the centerline of Commercial Court; thence South 89°56'24" East 242.00 feet along said centerline of Commercial Court to a point; thence leaving said centerline of Commercial Court, South 00°00'00" West 479.98 feet to a point on said Northerh~ right-of-way line of the Union Pacific Railroad; thence North 89°56'30" West 242.00 feet along said Northerly right-of--way line of the Union Pacific Railroad and the Southerly boundary of said Lot 2 to the Southwest corner of said Lot 2, said point being the point of beginning, comprising 2.67 acres, more or less: SUBJECT TO: All existing easements and road rights-ofway of record or appearing on the above-described parcel of land. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation t NOTE: i"'~ This description was compiled from data of record and not from an actual field survey. Prepared by: JTE: smg PACIFIC LAND SURVEYORS John T. (Tom) Eddy, L. S. /'~ ~"~ H ~r.~ 290 North Maple Grove Road Boise, ID 83704 (208)378-63$0 Fax (208) 378-0025 PROJECT: 527230 DATE: March 7, 1995 EXHIBIT B DONALD J. AND KAREN NELSON LIGHT INDUSTRIAL ZONING LOCATED IN THE SOUTHWEST 1/4, SECTION 9 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN ADA COUNTY, IDAHO A parcel of land located in the Southwest 1/4, Section 9, Township 3 North, Range L East, Boise Meridian, Ada County, Idaho, also being Lot 3, Block 1, Commerce Park Subdivision as filed for record in the office of the Ada County Recorder in Book 45 of Plats at Pages 3721 and 3722, and more particularly described as follows: Beginning at the Southwest corner of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°00'00" East 1,298.3 feet along the Westerly boundary of said Section 9 to a point; thence South 89°56'30" East 40.00 feet to an iron pin, on the Northerly right-of--way line of the Union Pacific Railroad: thence continuing South 89°56'30" East 922.75 feet along said Northerly right-of--way line of the Union Pacific Railroad and the South boundary of said Commerce Park Subdivision to the Southwest corner of said Lot 3, Block 1, said point being the REAL POINT OF BEGINNING; thence North 00°00'00" East 479.97 feet along the Westerly boundary of said Lot 3 to a point on the centerline of Commercial Court; thence South 8y°56'24" East 386.00 feet along said centerline of Commercial Court to a point; thence South 00°00'00" East 479.96 feet along the Easterly boundary of said Lot 3 to a point on said Northerly right-of--way line of the Union Pacific Railroad, said point also being the. Southeast corner of said Lot 3; thence North 89°56'30" West 386.00 feet along said Northerly right-of--way line of the Union Pacific Railroad and the Southerly boundary of said Lot 3 to a point, said point being the point of beginning, comprising 4.25 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. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation ~ ~ L. NOTE: This description was compiled from data of record and not from an actual field survey. Prepared by: JTE:smg PACIFIC LAND SURVEYORS John T. (Tom) Eddy, L. S. /'~ /'~ 290 North Maple Grove Road Boise,. ID 83704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 527230 DATE: March 7,1995 EXHIBIT C RONALD W. VAN AUKER LIGHT INDUSTRIAL ZONING LOCATED IN THE SOUTHWEST i/4, SECTION 9 TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN ADA COUNTY, IDAHO A parcel of land located in the Southwest 1/4, Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, also being the East 1/2 of Lot 2, Block 1, Commerce Park Subdivision as filed for record in the office of the Ada County Recorder in Book 45 of Plats at Pages 3721 and 3722, and more particularly described as follows: Beginning at the Southwest corner of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 00°00'00" East 1,298.53 feet along the Westerly boundary of said Section 9 to a point; thence South 89°56'30" East 40.00 feet to an iron pin on the Northerly right-of--way line of the Union Pacific Railroad; thence continuing South 89°56'30" East 680.75 feet along said Northerly right-of-way line of the Union Pacific Railroad. and the South boundary of said Commerce Park Subdivision to the mid-point of said Lot 2, Block 1, said point being the REAL POINT OF BEGINNING; thence North 00°00'00" East 479.98 feet along the centerline of said Lot 2 to a point on the centerline of Commercial Court; thence South 89°56'24" East 242.00 feet along said centerline of Commercial Court to a point; thence South 00°00'00" East 479.97 feet along the Easterly boundary of said Lot 2 to a point on said Northerly right-of-way line of the Uniori Pacific Railroad, said point also being the Southeast corner of said Lot Z; thence North 89°56'30" West 242.00 feet along said Northerly right-of--way line of the Union Pacific Railroad and the Southerly boundary of said Lot 2 to its mid-point, said point being the point of beginning, comprising 2.67 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. Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation /'~ ^ NOTE: This description was compiled from data of record and not from an actual field survey. Prepared by: PACIFIC LAND SURVEYORS JTEamg John T. (Tom) Eddy, L. S. ri /'~ MERIDIAN CITY COUNCIL MEETING: August 6.1996 APPLICANT: RON VAN AUKER ITEM NUMBER; 18 REQUEST: REQUEST FOR EXTENSION OF TEMPORARY SEPTIC TANK AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: ~ ' ~ ,~.~"~ ~~_~, ! ~ 1 ~ CITY BUILDING DEPT: `~-! ~ ~ ~;~ ~,, ~ .;~. MERIDIAN SCHOOL DISTRICT: ` ~-f-~ . ; , n , ` MERIDIAN POST OFFICE: '`1 ` ` ~ 1' ' ~ ~ ., ,~'_1 ~ ` ~'J ~ ADA COUNTY HIGHWAY DISTRICT: jl - ~ ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. ~ ~ RONA~~ W. VAN AU KE~~, INC. PHONE (208) 887-7994 /WATTS 1-800-967-3905 3084 EAST LANARK MERIDIAN, IDAHO 83642 July 19, 1996 Gary D. Smith City Engineer City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Gary: This letter is written in response to your letter dated July 12, 1996, regarding septic tank approval. I apologize for not being aware of this expiration date as I should have applied for an extension. We are in the final stages of the building being finished and we need to have the permit extended until such time as we have the city sewer in place to service this area. We have the completed sanitary sewer plan, all engineering and design work and approval from both your City and DEQ. The reason we have not started the work is that we do not have the easement through the Elixir properties. We are presently working with them and we expect to have the easement issue resolved by this fall. Additionally, we had applied for the septic permit from Central Dist. Health and Tom Schmalz had asked us for a letter with regards to the old water line that is Albertsons. We are providing him with the information he has requested. Thank you for your consideration on this matter. Since'"/~ / ;,- ' ; ~~ ~~~ ' Ronald W. Van Auker RWV: jw y_ ., ti e;, ... ~(4° u - IN~(.t. p~~. - ~`'yELSON / McALVAIN '" Construction ~.`V. P.O. BOX 16550 5559 W. GOWEN ROAD '~~ BOISE, IDAHO 83709 ~ ,~'~ J BOISE, IDAHO 83715 (208) 362-2125 (208) 343-3051 f ; ~~ ~ 4 Or November 23, 1994 City of Meridian City Council 33 E. Idaho Meridian, ID 83642 RE: December 6th Agenda Dear Sirs: ..: `.~ ~ ~ 1994 yy~~~ .::. ~:.~~1~~P1,I'a ~, ~ Via, ~ 9 4M LEASING/CANVEST wishes to formally request that the enclosed Development Agreement be added to the Decemebr 6th, 1994 City Council Agenda, for property annexation. Sincerely, Torry McAlvain TM/dd Enclosures cc: Serena McAlvain Donald J. Nelson An Equal Opportunity Employer _ ~ ~ ..r - h DEVELOPMENT AGREEM~T ~ 23rd day Of made and entered into oration THIS AGREEMENT, IAN, a municipal core 1994, by and between the "~Ty•~ and November ~ of the first part, here hereinafter called the - of the State of Idaho, party ~ Party of the second per' 4M LEASING 5559 W. Gowen Road "DEVELOPER", whose address is WITTIESSETH= in law and/or equity, of a certain tract of y~~ttEAS, DE~I.OPER ~ the sole owner, ,bit "A", which is attached hereto laud in the County of Ada, State of Idaho, described in Exlii and b this reference incorporated herein as if set forth in full; and y , 67-6511A, WHEREAS, the State of Idaho legislature, ma991 ~ development agreements Development Agreements, which Provides that cities y with developers upon rezoning of land; and meat ordinances, one when land WHEREAS, the CITY ~s Passed two developme~ agree - -416 L, and one when land is annexed, which ~ when it is also rezoned, is rezoned, 11 2 11-2-417 D; and lication for annexation and zoning, WHEREAS, the DEVELOPER hhs submitted as app ~ Exhibit "A", and requested or an appiicatioa fQy,rezone, of that certain property d~tbed lat far said property which zoning of 5.~. L.,r.-~ and has submitted a s M~~ ~~n~ ~~g ~mmission; and has been recommended for approval by th before resentations at the public hearing WHEREAS, the DEVELOPER made some rep lannin and Zoning Commission as to how the land would be developed and what the Mendian P g improvements would be made; and S the CITY has authority to place conditions and restrictions upon annexation WHEREA , or rezoning of property; wad S DEVELOPER deems it to be in its best interest o nta bl a and at its urging WHEREA , agreement and acknowledges that this agreement was entered into v Y and request; and has made request to the CITY WHEREAS, the DEVELOPER, as soolre~ ~ f ~ ~ submitted to the CITY a Plat to have the same annexed to said CITY, and as part of the annexation or thereof which has been approved for annexation by the C1TY e CITY adopted and approved Findings of Fact and Conclusions of Law; and, rezoae th of Fact and Conclusions of Law required that the WHEREAS, the Findings DEVELOPER enter into a Development Agreement; and SUBDIVISION DEVELOPMENT AGREEMENT Page 1 ~, ~,~~afLaw !V'E~S• ~ said ~ ~n tte•samcsdrea ~ ~ D1V~>~8R did oat amet' ~ ~~ • Dereia ~ NO'Mir, ~~, ]T 1S HgRT~'Y AiG~D AS ~Ks• . ~s s'md assigns ta` . DBVEIAP~ ~~ ~' bitu'~ ~ ~ a~~-d~-~~'aa of the x~a-. this ~ u' i~ the aat~~* ~ ~~ see ~ and bisdiag sad are ioact'p~oteeed 1wr~ as 1. 'That Uye abo~ro recitt~ . set forth is fa11• ash idt tape beTa~ fr° CI'PY, ~, .~ D is acoord~ .asua b~3ldings. OD f110 i0t1d 1n t ~~ws ~~ ~ ~ A~~asdl~ oe~~ lot tb~ . IL 3, '1'~at tfue pro~riy is lO~Cd _...,...-. ~r 4~ ~ 6io~ which is dye ~o ~ctaented at the ~Y` hems. ~ ~ a>e~ ~ of ~e req °'~ ~° - a• _ zone. ba so chsn8a w inccasa tie'~nr>shar ~'~ ar redoes tbs sip of 4. ~ ,~ pt~limlt~y plat °'~ ~ }i set forth zoaing aad p~reiimia~ar'Y P'~ apprarat. ~~ in full Lecria. cc dc-~- $le or ansa m ba ~, That DB~sL•OP)~ ~~ ~~ set e-f "9t- ImQso~-~.nt Plsot" filed witY the t5tj-' 8a~iaax'~ a ~P~e ~~ ~. eawoer, wooer, g all slcaets. h~ sod otlres ouch ~na~ street ~ ~ ~ a~visioa, rvbid- Plaa~ sad alI i~t: oanle®Pia s~ noel the apQ~O1al'~ ~° ~ . '!'ha ~~ments sbowa ~~ p~ s~ also abcnr drs s,ibdlvision;~ ~'• or Plans ~ d~ ~y a~ ~ P bawan~ dCrel~oproaat- Said S~ ~pro~ramaat Ptaos are ~ 1~ereia and auada a pact hu'~ by ~aeD°°' 'That Dt3yELOPBA atilt, at his oc t~eeit own ~~. ~ ids~ll ~ b. ~~ ~~ >bocrn drai~ta, ~g ~ioae, ~ e! ~ {gam b~'dr'"ts' ~, u~y~c- ~levraets, a+a~ ~ ~' , sd 6 ns aadi ss aa4r and street. street s~rfiacinS~ ~ per, >~gYBiAPHR s>plt ~~ arawn ua t'ha Suite i~'coKmrtisx Pace 2 SUgDiYY3ION DBV'ezAP~T ~~ as lines, as requu~ .for also install telephone, electrical power, g, the development. will construct and install all each improvements in strict 7. That DEVELOPER ved lat and Subdivision Improvement Plans, accordance with the filed and apps P Drawings and Standard Engineering and the City Standard Engineering ent and in effect at the time the construDE~OPER Specifications curt between improvements is accomplished, or ~ otherwise agr more restrictive and onerous and the CITY if the standards and specifications are Bement. at the time of construction than at the time of e~uti°n of this Agr eer with at least fifteen (1 of said g, That DEVELOPER will provide the City Engin rtion, or portions, advance written notification oof wh ~ ~a tho e ~m ~h~ule therefor; and agrees improvements he intends to c mp facilities necessitated to make such modifications and/rokr ~o ~ cbe nr~aue~d ~ approved by the City by such phased construction wo Engineer " final drawings of the Subdivision 9, That DEVELOPER will have sad iem vements prepared by a Registered Im rovement Plans of all P p with said plans or a duplicate Professional Engineer and will provide the CITY ro osed m ~ copy of said Plans. 'The Subdivision I e actual cotnstructed location (both y be "corrected" to show th improvements shall horizontally and vertically) of the various water ands ~r ~~ lines, the curb and pressurized imgatton lines an ~~'Thmeth ~~" Subdivision Improvement and gutter alignment and grades, ed b the Registered Professional plans shall include a "Certification" thereon, sign Y rovements are Engineer in charge of the work, that said Ply fessional Engineer) has inspected true and correct and that he (the Registered sewer lines, the construction of the various improvements (~~' ~ ~ ~ lines, curb and pressurized irrigation lines, gas lines, elects ty tier street paving, etc.) and that the materials for and the installation of the gu livable City Standard Engineering same were all done in conformance with thfi ations governing the constriction of Drawings and Standard Engineering Spec these facilities. on the completion of any such 10. That DEVELOPER will, immediately up constructed Porteon, portions, m' the entirety of said development, notify the City En 'Weer and request fns u~P~OII and wntten acceptance of such completed $i improvements. That DEVELOPER agrees, that upon a finding by the City Council, duly entered 11. of the City Council, that a portion, or in the official minutes of the proceedings rtions, or the entirety of said improvements need to be completed in the interest ~ welfare and/or safety of the inhabitants of the CITY, the of the health, a reasonable time, construct said needed DEVELOPER will thereupon, within Page 3 SUBDNISION DEVELOPMENT AGREEMENT yrittdia a rt~ooable time alba'. y, or, if be , ~ ~ Cf~ detcranin~es of each ~ ~ . wnttm ~ to aasstruct= a>dd doss ~ of such c~oatruct~n. in :>~ nsaanet DEVELAP'ER wait paY ~ ~ CITY ~, ~, ~e ~! under s~ t~ as ~ bra e~cy s~ >aot matte the flndin,~ TFVFI .[)PFR 11' ~' ~ ~exial o~oel~ ~ ~% ~~ . O!t ~ ~ ~~Ot'tb f!l thts ' ~ ltaa been ~ ~ tl1C t~ ~ coa~i~. ad'ta Game ~,~g tt least thte~e ~ daYs p~ ~ !~ been ~ n~ ~ is>~ place ~ ~ P ~ P~ ~ ~ fit, aad tubs heard on th+e scents nsvs=,~orsa ~ . its, ar thslr ~ that t~ ~ . 12. That DgygLpPSR sgcea ~ ~ tba csty Ea ~ ~ ~ ~ ~ witl~wld t6s have not burn ~P~ '"~ ,~, sneh ate az~ and/or shalt ~g~ to w,itl~hoid the paco~-i~g of c~tnnrY an vide Co a~- P~• a>~ a>~ salch tone art a>! t!egWirdsn~s parcel or portion haver. the DE',YF.IAPBR i~ n ~ Ik~d with: Ped• one sttor s6s~11 have the rift to apps bafore ~ ~Y Coin at any redulas Cerdt~e of a-cclupea>acy oc se7 'tervi~ shall p ys lansad~q-hY sex focthsa this ~' ~ ~rrioa allo~"ed- Tl~e sum C'ertifi~~ dxide said Ce~d ~ aka be is~od l ~•~ ~ :aid property allo~tved, and ~ 0° s>>a11 be fwai, e~ocopt m' ~ ~ p ue P°d at Isw am! -• that the rights herdn 13. DEVEI.DPSR agrees ~tLsti ia'tha evasa mY of the vita t~ the are >sot tia~y ~{~, the CCfY a°ny* ~ ~ to ba i Gov ~ d floe ~ coat of said iauP d~ ~ ptryabb and amry sedc m cdiect sorb snms o ~ ~ be ~ law, ec ~ may- pursue any other y ~ ~ ~sU ~ due ab~ bear' ~, ~ In the event of sac:b dtulsra~+ five t59G} at the prime ia~est ram of Fhat Sec~y Ih~ of Idaho, plus p uotii paid P~ _ 14. SUgDiyISION DEVELOPMENT At3REEMEN`r' Page 4 is. 16. r•---- -- S ~py0C~1~ j~t!!'t O~ t~eti~ts C~ 7~e ~~y s11~a11 ~~ bow, ~ ,wed undar 114-606 C a~tlsa cGr~ifuid ~1'°'d~s or aeof tNa C~TX of id~ra, be ~ or to ssaana of a bt~ldi~ pmt. ~~~~or>ha ~Y That IyEYE~.A~ a6R~s that thoer p m aolat itt~ • Irks comers s~ 1iOCr ill' ~It~1toC11 t110 ~~ ~ Qom. ~E ate' ~ ~y ~ ° °F f~ sd`vica' ~°°d~ c~~ troffi :fie or capa~ ~ ioc~ , tlm vicinity of tl~e P~P~ ~,°~°~. p~~ °°'stru~°~` f a~ the ~ constnctsa~ of ~ of tare cost ssvio~s ~-~ c~ ~ s~vomp fog b~p~~a hoc tm~ Y °~ at a her ti®e~ ~~~'~ ~° dcs~p~ sacl CiTY'' a$~~ ~a aata~ ' ~ ~ psvBl..t~pEtt DB1/ELO ~thtee ~ bada ltde ttidt d~vec copies ~` soch ~ aAd ro,~ ~ ~k, S,~ bids shalt 1~ !t#ds to the Cl'1'Y tD ideatlfls~on ~iditat ~ in a m~ a- ~r tie ~ pY a~ o~ tbat poc~+vn of ~° ~'6a CYTy'= obi w eatex it~oo a~Iate td a~ ia~o a 1s~e ~ - ~ ~ ~ wch cows shall be Bmitsd to eontsss bids ~~ °F ~ ~ is fyd setecbcd by DSVixLQi~ ~ P~O~ th° wotic. issued ~ airi be That DEYSLOI ~ ~ ~~ nules~ ~ mrd the DBVBiAP'~ h~a sli imp~ran-e~oaeats ~s S[Jgi?MSItJI~i Di~V'S~T AQIt~~~T 17. 18. - ~~ ~ ~ rovements will be. meat stating when the imP entered into u addendum age event, U ~mpleted in a phased development; in nay have not bees installed shall be issued in any pb~e in which the imPr°vem~ completed, and accepted by the CITY tion of the unique ~ peculiar in ~O~ conditions set forth in . That DEVELOPER agree elo meat, to ~~~part hereof; and agrees cu~cumstances relative to this de•- ~ referee a Exhibit "B" attached hereto and by ~ Prior to any c°nstruction, to construct a perimeter fence around the ire P and except where the s and streets for access are locates except where ~ ~~ such fencing is not necessary- CITY has agr ~ by ~ Agreement shall be that any notice raga That DEVELOPER agt~ ~• given at the following DEVELOPER: CITY of Meridian: 4M LEASIN City Englneet 5559 W. Gowen Road City of Meridian ~ Boise, ID 83709 33 East Idaho Meridian, ID 83642 to record this 19. 20. 21. 22. CITY of Meridian. recording fees necessary That DEVELOPER Agrees ~~ Recuorder's office. Agreement with the shall be appu~enant to and run with All covenants and conditions set n DE~OPER's heirs, successors or assigns. the land and shall be binding upo went shall become valid and binding only upon its approval by the City T~ Agree or and City Clerk. Council and execution of the May ees to abide by all ordinances of the CITY of Meridian That DEVELOPER agr ~ to de-annexation if the owner or his assigns, and the property shall be sub] is the Findings of Fact heirs, or successors shall not meet the meat Agr~~~a~nd the Ordinances of the and Conclusions of Law, this Develop 23, That the DEVELOPER agrees to City Council for annexation RONALD VAN AUKER ANNEXATION 1994. abide by the ordinances of the following the guidelines of the AND ZONING hearing, on August 6, ENT AGREEMENT Page 6 SUBDIVISION DEVEI-OpM DATED the date, month and y~ first aPP~~g' - DEVEI-OPER: 4M L sy ~- :NG r~.~u~.... , CITY OF MERID~ By ford, Mayor Graat P. Kings By 3r., City Clerk William G. Berg, AGREEMENT Page 7 SUBDIVISION DEVEI-OPM~T /'~ STATE OF IDAHO) ~. ~, ~~ty of Ada ) a Notary public 1994, before me, the ~d~~' Nelson On this 23rd day of November ~ McAlvain and Donald J rson~ly aPp~ed Se ena Hof said ~~~~ ghat *Partne in and for said State, pe ~ ~ the ~~~~ d meat on behalf of said known, or proved to ~~ ~ who ex ~*~d ~~ ** Partnersh: executed this instrument ands me~that such n ~ the same. *, and acknowledg have hereunto set my hid and a~"~ r°y °fficial seal, the ~ WITTtESS WHEREOF, I day and year in this certifi~te first above written. No public f I~° 'ding at: ~~" ID ~ ~ /~~~ My Commission Expires: (SEAL) STATE OF IDAHO) ~• County of Ada ) public the undersigned, a Notary 1994, before me, G. BERG, da of p, KINGSFORD and WILLIAM On this ersoaally app~ed C'~T lively, of the City of Mend"pan that in and for said State, p ~~~ spec went on behalf of said JR., known to me to be the Mayor ransons who executed the said ~ the same. executed this instrument and the pe co oration, and acknowledged to me that said City of Meridian ex rP - official seal, the ItEOF, I have hereunto set my hand and affixed my IN WITNESS WHE day and year in this certificate first above written. Notary Public for Idaho Residing at: biy Commission Expires: (SEAL) Page 8 SUBDIVISION DEVELOPMENT AGREEMENT 1 ~' ~ << /ti r,, ' I YJ ,. WR 'BLL' St2it0EDER . ~ • ~ . ~ ADA COUNTY ASSESSOR ~~~ BOISE. ID 83702 RENO. 8 1 5 272 60 1 80 41 - cATECORY oESCRFmoN ~ ,.o1s i AcaES MARKET vAUJE 19 9 4 BDZ CTY 170 RURAL IND LOT 2.640 66000 _ TAXPAYERS VALUATION ASSESSMENT NOTICE axes are oaseo on the ~:awano~ ~~ •+rna on tn~s statement '~ ; F T-iEFiE ARE ANY WESTIDNS p f~C,ARDYJG TitlS STl1TEMENT • _.~ NOTFY THE A.SSESSOR'3 OfFlGE B~~ -:. 364-2400 s» n. ~.,...e. we. n.uw nM..o.. COMMERCIAL ~~~~~~~ PROPEA,Y ADDRESS 1;- PIXI~~ X X wu Ta NELSON OCNALD J E KARIN H LOT 5 BLK 2 PO BOX 15929 COMMERCE PARK SUH BOISE ID 83715 i 1„1,,,11,1,,,1,,, I i, 1, i„l, I,1, I x,,,1,1 I, I,,, ~ 1, I I, {„11,,,1 ~~ .. ~ `, . ~ _ ', = 4 / E -Q ~ r o u ~ u h ._ Z „ ~ e ui o ~ r w „ . FF r ~ •x sq u~ S l t r ~I~~. ~ Z I 3arF~ sF j4~F y ~•1 .,~ • I ~ ~ i ~ t~ ! N Y • T I J ~ J 'j J -i r ~ z ~: ~ ~tl a~ W~~~~~ M A ~ ,00'CZ ,0002 '~ :3.00,0O.OOS ,i8B9B ~ ,oa'cac .~ e ~ ,tc rtr q T v ~ 'V ~Q ~~ V ° \ ,, / .. 0 . ~ le I O p • w, ti r ., ° d _ • N ~ I `~ ^ i:f ~ o I ~.~ ~ _ ~.i ).00.00.00 S ~~ N I °y -~ ; ~ I ~ ~'~ ~' ~ ~ ~ 3 00 00.00 S :,~ ry . ~ -.O ~ M ~ ~ +k:. . N` ' I __. ~~ 4 ~ `~ . - 1 o e I `«~ `' ' ' 1 •0 ~ a - W~ e Y ~ ~o = I a ~ 3 '~.~ Q .o ~ ! I p c , ~ N ~ I~ ~ _ ~ p ~ . _.. - ° ~ L ) 00 00 AO S i ~ w _ ---- -- -- I :~ / 1 ~ ~ 7 00 00 AO S I ~ ...~~ jiiji a .n •:cr ~ I _ V J - ' I ~~A~ I 3 in w - O ~t ~ ~ `! 0~ I ' O C I« ~ 1 I . ~ o :,,~.j W i 'o oI a ~ ~ ~ ~ ~ I O tV w I . ~ ~ ~ S I i - 00 OC Z , ~5 ~ O ~ 2 a . N ~ NW a m~ ~: C Du u S~ ~D 5 ~ • g . E e ° ~ a~. /A • e ~ c ~ ~ e Y V J 4 ° O ~ \ ~ J ssY~ 3.OI,I2.ION N• . o ~ I ; ~ ~ X J tz oc c u ~ ~ ! I ) o0 0o Ao s m •'.za o?c . p + ° as rt- Q a xazzzz 'r' • ~ l' ir~ I ~' I -- ~~t~~la •• hj . ~ - ~ ~' I I I I _ o .3~a 8a.o I I ~ W RA2RRR as azr ^I p I ~ ~ 7:: Y« Y ~ ~I ~b ~ W ~ V • r ~ . I V ~- W ~' I ~ ~ t•Oi 0 I u :~:': ff ' „ ( ~'~ r Q• " ~ i ~ •°b h ~ ~ i ~f ~ o o ~i _ ~' a~ .n ~ I i 1 q 9 ~ rl N ~s Si • ;ro QG'Ob/ 37:1D~ 3 ~NIE/ON + l"'~ • wBr ?O THS t1~V~OPht~T A[ilBEIMlBNT SY AND i1B'i'NB81+1 Tim CITY GP' ~IDYAN, IDAHO AND This aotbdivision ia~ far ~_ -~T dC ~ rnitlt~ e~ag t of _-- _ - _ ~/~A d~ell~g aa~ pa' x'~t. 13a DBVBLOPI~R ~: i. Tie atl dam, canals and rrattran~Irs, those that ace pc+eperty 6omdecies oor oOIY p~daUy laca~ed a~n die p~paty (na^u aed ident~- ~ wa~erwaps sad . 2. Sztend and wd aew~ac Coe aottea~oas b xe~e the pcopertjr sod ooaaect to Meridian water sad aeanr lima (resolve hoa- sad whet~e water and ~ bm 3, C , awb~s Mars asd iddawatsssb end ~bio the pc~opetty. 4. Dedlc~e the aecesanty had f~+oat the oewerlioe(s) ai ,~~,~~ F.vads~..Soc' *-of-w~v. S. ~7' say devdopna~ five a ' ~ adapted by the C11'Y. 6. ~[eet the ncgniroraeats and ooo of the F of Fact sad Glaodesicas of law and suet the Ordia~racas of the C1TY. ' 7. Barmc sad hndscs~a8 ~ ahtn be pro~v~ded and a~tined by tha drv~lopar . $. pi, va,.~su be p~+otiidod ~ slt ~ altbh ihh sabdlvisioa. Bvfdeacx a!~ ~ Srom ~ ~ dlnuict/csaal maspaoy and dowa'a~eaa~ rratee' ase~ aaust ba sabmttmd to the City. 9. Fea~cirg - Petlme~r faocioS 10. Pedestrian ~altwsys 21 9-6113 C. I1. Plaatiq~ aed reserve tll-+9-6Q5 G.) i2. Ft~esd~ion of es~g ~sl feats (119-Gt)S H.2.) 13. L.ineat apen space corridor= (1 t 4-bOS IG) - ~ ,B» SUHDIVISi4N DEVELOPMENT AGREBMENT ~ 1 of a ,, • ~ ' • 14. Pedestzian/bike paths (11-9-605 L.) 15. School sines or fees in lieu thereof 16. Land set aside for parks 17. Greenbelts along canals or drainages 18. .> EXHIBIT "B" SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2 ~. /'~. MERIDIAN CITY COUNCIL MEETING: MAY 16.1995 APPLICANT RONALD VAN AUKER ITEM NUMBER; 15 REQUEST; REQUEST FOR A TEMPORARY HOOK UP TO A SEPTIC SYSTEM 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: OTHER: COMMENTS ~a~ a"' 0"~ ~~ N P~ ~ ~ ~Y~,~ i~'c .s~ ~~ ~~ c'~" 5~~~' rv ,r F°"~ ~~ All Materials presented at public meetings shall become property of the City of Meridian. /'~ RONALD W. VAN AUKER, INC. PHONE (208) 887-7994 /WATTS 1-800-967-3905 May 10, 1995 Mr. William G. Berg City Of Meridian 33 E. Idaho Avenue Meridian, ID 83642 3084 EAST LANARK MERIDIAN, IDAHO 83642 Re: Request for Conditional Approval to Build Facility with Septic System on Commercial Court. Permit #12697 Dear Mr. Berg: This letter is to serve as a request to the City of Meridian that we be granted approval to construct the 50,000 square foot warehouse facility referenced above using a septic system until sewer service is available. We are currently spearheading the effort to extend the sewer to the Commercial Court area and we fully expect to have sewer service to this area by 1996. We are in the process of hiring the engineer to design the sewer extension and we fully expect to have a design ready for approval by the end of August. Once the sewer is available we propose abandoning our septic system and immediately hooking up to the sewer. Central District Health has approved our request for the installation of the septic system and we ask that the Ci#y of Meridian consider our request at the City Council meeting on the 16th of May. Thank you for your consideration and please call with any questions. Sincerely, Ronald W. Van Auker~l /'~ ~ ORDINANCE NO. AN ORDINANCE OF THE CITY OF MERIDIAN ANNEXING AND ZONING CERTAIN REAL PROPERTY WHICH IS DESCRIBED AS A PARCEL OF LAND LOCATED IN THE SOUTHEAST 1/4 AND SOUTHWEST 1/4, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho, have concluded that it is in the best interest of said City to annex to the said City real property which is described in Section 1 below: NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Meridian, Ada County, Idaho: Section 1. That the real property described as: SEE EXHIBIT "J" which is attached hereto and incorporated herein as if set forth in full, is hereby annexed to the City of Meridian, and is zoned T-E, Technical District; that the annexation and zoning is subject to the conditions referenced in the Findings of Fact and Conclusions of Law as adopted by the Meridian Council on the Van Auker request for annexation and zoning. Section 2. That the property shall be subject to de- annexation if the owner shall not meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer and resolve how the water and sewer mains will serve the land. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehensive Plan adopted January 4, 1994. ANNEXATION ORDINANCE - VAN AUKER/T-E Page 1 ..-. i. c. That, as a condition of annexation, the Applicant shall be required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address inclusion into the subdivision of the requirements of 11-9-605 C, G., H 2, K, L of the Revised and Compiled Ordinances of the City of Meridian and other matters; that the property may be de-annexed if the terms and conditions of the Development Agreement are not satisfied. d. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14. which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law on the Van Auker Annexation and meet the Ordinances of the City of Meridian. g. That a Development Agreement is required prior to final plat or issuance of building permits, whichever comes first. Section 3 . That the City Clerk shall cause one (1) copy of the legal description, and map, which shall plainly and clearly designate the boundaries of said property, to be filed with the Ada County Recorder, Ada County Assessor, and the State Tax Commission within ten (10) days following the effective date of this Ordinance. Section 4. EFFECTIVE DATE: There being an emergency, which emergency is hereby declared to exist, this Ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED by the City Council and approved by the Mayor of the 'ty of Meridian, Ada County, Idaho, this ~-fl~. day of ~f t~2 C~~- , 1998. ~;~ - ~,~ ,.~ ~~Y ,~,. APPROVED: 'ar y r ', v;, t: '~ ~ ~~ ~ ,~ ` ' <'~"? cevxn ~~ ~" ~w, `~,~~a~{ ~~' ~ MA OR -- G P. GSFORD ~ , -t~ r;`~a ;;r; rfo~~"rs ~.. ANNEXATION ORDINANCE - VAN AUKER/T-E Page 2 ~ EXHIBIT "J" ~ „ -, , VJ Joint Venture, an Idaho Joint Venture TECHNICAL DISTRICT ZONING 36.00 ACRE PARCEL A parcel of land located in the Southeast 1/4 and Southwest 1/4, Section 9, Township 3 North, Range 1 East; Boise Meridian, Ada County, Idahq and more particularly described as follows: Beginning at the East 1/4 corner of said Section 9; thence along the Northerly boundary line of said Southeast 1/4, Section 9, South 89° 10' 31" West. 2684.56 feet to the Northwest corner of said Southeast 2/4, Section 9; thence along the Westerly boundary line of said Southeast 1/4, Section 9, South 00° 40' 04" East, 45.00 feet to the REAL POINT OF BEGINNING; thence South 89° 10' 31" West, 20.00 feet to a point; thence along a line parallel to and 20.00 feet Westerly of the Westerly boundary line of said Southeast 1/4, Section 9, South 00° 40' 04" East; 1347.41 feet to a point on the Northerly rightof--way line of the Union Pacific Railroad; thence along the Northerly right of-way line of said Union Pacific Railroad South 89° 56' 12" East; 20.00 feet to a point on the westerly boundary line of said Southeast 1/4, Section 9; thence continuing along the Northerly rightof--way line of said Union Pacific Railroad South 89° 56' 12" East, 694.47 feet to a point; ,;. thence continuing abng the Northerly rightof--way line of said Union Pacific Railroad North 00° 03' 48" East, 50.00 feet to a point; thence continuing along the Northerly rightof--way line of said Union Pacific Raihbad South 89° 56' 12" East, 490.35 feet to a point; thenceNorth Ol° 03' 25" Wes1;1178.24 feet to a point; thence along a curve to the left with a radius of 2455.00 feet, a central angle of 19° 17' 32" and whose long chord bears North 79° 41' 31" West, 822.73 feet to a point on a line parallel to and 45.00 feet Southerly of the Northerly boundary line of said Southeast U4, Section 9; thence along said parallel tine South 89° 10' 31" West, 365.88 feet to the REAL POINT OF BEGIlVNING. /".. ,".~ MERIDIAN CITY COUNCIL MEETING: September 6 1994 APPLICANT: RONALD VAN AUKER AGENDA ITEM NUMBER: 26 REQUEST: ANNEXATION AND ZONING AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: (~ CITY ATTORNEY: FINDINGS OF FACT AND CONCLUSIONS OF LAW r 'l~ V ,~ CITY POLICE DEPT: SEE ATTACHED COMMENTS CITY FIRE DEPT: SE A A ~' E TT CHED COMMENTS ~ ' CITY BUILDING DEPT: ~~ MERIDIAN SCHO ~ ~~ ~ ~' ~~ OL DISTRICT: ~~ 1 ~,; ~ ~,~ 1 ~,~ ~ MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS /~, ~; HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS City Treasurer TTV RONALD R. TOLSMA , GARY 0. SMITH, P.E. City Engineer CI 1 1 OF MERIDIAN MAX YERRINGTON ROBERT 0. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNYW.BOWERS,FireChief w.L. °Blu° GORDON, Folios Chlet MERIDIAN ,IDAHO 83642 ~EC~~ri ~q Administrator ,^ ~~ WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887-4813 VV J 6i~1SON Public Works/Building Department (208) 887-2211 Chairman ~ Planning R Zoning J ~ ~ 1 •) 1994 GRANT P. KINGS)~ORD Mayor C~~ Y (~~+ t'~~,~ttl,U'~~~ TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: July 5. 1994 TRANSMITTAL DATE: 6/20!94 HEARING DATE: 7/12/94 REQUEST: Annexation and zonin4 for Ronald Van Auker BY: Ronald Van Auker LOCATION OF PROPERTY OR PROJECT: intersection of Eaale Road and Franklin Road within the Olson and Bush Subdivisions and Commerce Park Subdivision 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 8t FINAL PLAT) U.S. WEST(PRELIM 8t FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF R TION(PRELIM INAL PLAT) CITY FILES OTHER: ~ ~- YOUR CONCISE REMARKS:r__ l~ 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 WAVNE G. CROOKSTON, JR., Attorney ~ r HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA CITY OF MERIDIAN oBERTDICORRE WALT W. MORROW 33 EAST IDAHO SHARI STILES MERIDIAN, IDAHO 83642 ~~~~~,(, Rl~i~zoning Administrator ~/ ~,,JpIM JOHNSON Phone (208) 888-4433 ~ FAX (208) 887-0813 Chairman • Planning & Zoning Public Works/Building Department (208) 887-2211 ~ ~ ~ 0 1 1994 GRANT P. KINGS~ORD C~~~' ~~ ~it:~tl/~'Ifii~ Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, may we have your answer by: July 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Annexation and zonin4 for Ronald Van Auker BY: Ronald Van Auker LOCATION OF PROPERTY OR PROJECT: Intersection of Eagle Road and Franklin Road within the_Olson and_Bush Subdivision, and Commerce Park Subdivision JIM JOHNSON, P/Z MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C!C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT ARE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / J 3 ~ _ ~, OTHER: O Y YOUR CONCIS EMARKS: /~ / 1 ! tQ r t t ~,~, ~i~ ~ i ~ /7c'~ ~ S a,0 ~ ~ ~/s d o ~4 I~ ~ w -~Oc.v~ rs ' .. O~ ----, , -~ -~,, :.LENN J. RHCDES, Pres;aent SHERRY R. HUBER, Vice Presiaent :MMES E. BRUCE, Secretary TO: ROYLANCE & ASSOCIATES 4619 EMERALD STREET, SUITE D-2 BOISE ID 83706 FROM: Larry Sale uperv' o Developm Serv' ~E'~~~i~t~~ J U L 1 Z 1994 CITY (~>~ 1~iL'Ii,liil~r~-i July 7, 1994 SUBJECT: MERIDIAN ANNEX & ZONING - NORTHEAST OF EAGLE ROAD & FRANKLIN ROAD Your application for the above referenced project was acted on by the Commissioners of the Ada County Highway District on July 6, 1994. The attached staff report lists the conditions of approval and street improvements which are required. If you have any questions, please feel free to call me at 345-7680. LS cc: Development Services Chron MERIDIAN CITY HALL ada county highway district 318 East 37th Boise, Idaho 83714 Phone X208) 345-7680 CENTRAL REVIEW SHEET •• DISTRICT Environmental Health Division ~~~ ~i1t'HEALTH Return to. J ~! 1. - 1 ~~9~t ^ Boise DEPARTMENT ^ Eagle Rezone # ~Ditli9Zy (~~ ~~~ ~~~ ®~ ~~~ld~~~ ^ Garden city Conditional Use # Meridian Preliminary /Final /Short Plat ^ Kuna ^ ACZ ^ 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 la ers: y ^ 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. ^ I o. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store 13. ~' ~/ ~ ~ ~~ / cz~7 v,~ S' : fi/ ~ s' ~~"~' a r' i G~ ~7iv 6-- Date: ~ / `~~ / L - /~~='ry i~i/ ~ i ~'y J' ~ c~2 sEX~~iY~t~ ~~ 7t~ 7~f i ~ Reviewed By: ~' /fJ? ("i9- D~Z..g-v,S~ ©r- i~7 ~ ..S~~e.~}~J/o ,F,/ h/~+~'7Z ~9~1 fit? CDHD ID/91 rcb, rev. 11193 jll • / / ~J ~~ ': f 1 ~\ i ~ I '~~ENN J. RHOGES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE, Secretary TO: ACRD Commission INTER-DEPARTMENT CORRESPONDENCE MERANXFR/DSTECH 7-6-94 DATE: July 1, 1994 FROM: Development Services SUBJECT: Meridian Annexation and zoning Northeast of Eagle Road and Franklin Road (Applicant - Van Auker Company et al) (Representative - Roylance & Associates, P.A., 4619 Emeralc Street, Suite D-2, Boise ID 83706) FACTS & FINDINGS: 1. This application is for and annexation into the City of Meridi- an and zoning designation of L-I and C-G for several parcels of land owned by several individuals. In addition, there is a proposed school site with the requested zoning of TE. The site lies within Franklin Road and Pine Avenue (extended), and Eagle Road and Cloverdale Road. 2. GENERAL INFORMATION: ACRES - 172 ZONING - Requested - L-I (Light Industrial) 76.30 acres C-G (Retail & Commercial) 36.26 acres TE (Technical District) 47.18 acres TRAFFIC ANALYSIS ZONE - 145 IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3. A portion of the funds allocated to Ada County Highway Dis- trict from the Highway Distribution Account are predicated on the number of improved road miles (under the District's juris- diction) that are located outside the limits of any incorporat- ed city. Consequently, annexation of subject lands will ad- versely affect a major revenue base of the District without any compatible decrease in the District's responsibility to ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 .' .,~ ~ ~ ll v ' l. ,I i 't ~ ~ 4 f I Z J o~ I i ~ '~ V ~~1 ~ 1 •~ ~~I,O~, j ~ ~~ ~ ~i~ _ ~~ #1 { I ;~ .., -' __ i i i - -- ~ - --- - "h ~ ~- ~ ~ /~ LL Q ~ ,; ~ i 4 ~ JQ o = y _ a . ~ ~ ,' 4 , " '~ _ ~u r Q r _ 1 ,~ a ~ Q - I m ~ ~ 'i r ~ - -- - - - - - - . ~ . ~;~. ;; ~ I~~) UQ z I ~ ~ ~p ~ Z Z ~ ~ ' ' ~ q ~ ( ~ r 0 Q ~ -- ~~ ~, _ _ n _ - F> ~ o _ ~ - I S i I• o Z0 Z W ..=!~ ~ .H ~, ~ I ,v! ,~ ~ :. Q Z m ~ ~ ~ ~~ ;~ ~; ~.-I + ~ ~ ~ ;j Q~ ~ z ~ H ~ '!; e :~, ~ ~ ~ ~.~~~~ ~ 3 O ' , _y W ~ a i ! ~ ''~~''~ H - ~ ' ~ ~ ;; ~ e ~ - I; - ' -.° Y Z ~ ~. ' j ~ ~ -__ ,;. __ .. - :-~ - 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 h HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM To: Mayor, City Council, Pl "ng & Zoning From: Gary D. Smith, PE I RE: RONALD VAN AUKER COMPANY, ET AL (Annexation and Zoning) I have reviewed this submittal and have the following comments: COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Atlminisirator JIM JOHNSON Chairman • Planning 8 Zoning July 11, 1994 The legal descriptions for annexation of property adjacent to a public right of way needs to include the adjacent one half of the right of way. A registered land surveyor needs to compile a legal description for annexation of the properties along with a 1" = 300' scale map with bearings and distances. 2. The parcel information shown on the drawing accompanying the application is quite difficult to read because of its small size. 3. What is the significance of Exhibit A of the Warranty Deed between Cook Investments and Ronald Van Auker? 4. Plans have been approved for extension of a 12" diameter water line along the west side of Eagle Road from Florence Street south to Commercial Court. This line would need to be extended south to Franklin Road and east on Franklin to South 1/4 corner of Section 9. The City is presently discussing purchase of an existing water well approximately 500 feet south of Franklin Road in what was the Farmington Estates Subdivision (vacated). Sanitary sewer to serve most of this area will need to be extended from Pine Street (extended) approximately 2000 feet west of Eagle Road and then south along the east side of Eagle Road to Lanark Street. At this point it could enter Parcel E and extend on Lanark (extended) to serve the remainder of this annexation along with property to the south of Franklin Road. This sewer line alignment is in conformance with our city facility plan. 6. There are several parcels that will be "enclaves" by this annexation. Can or should these be included in the annexation? /'\ /'~ HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G.BERG,JR.,CityClerk JANICE L. GASS, City Treasurer CITY OF MERIDIAN GARY D. SMITH, P.E. Cily Engineer BRUCE D. STUART, Water Works Supt. 33 EAST IDAHO JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, Fire Chief MERIDIAN, IDAHO 83642 W.L. "BILL" GORDON, Police Chiet p°" Attorn~~~ ~ ~ ~` ~ Phone (208) 888.4433 • FAX (208) 887-4813 ~~--_ JR CROOKSTON NE G , ., . WAY Public Works/Building Department (208) 887 2211 RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON .---°~ Chairman -Planning & Zoning -f JUN 3 D i~~~ GRANT P. KINGSPORD , .r Mayor ~ - ~ V f CI'T'Y CF l4~FRIUTA~ _ .. , . TRANSMITTAL TO AGENCIES FOR COMMENTS ON Dw~'VETOPMEIv`I~'~ROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, may we have your answer by: July 5. 1994 TRANSMITTAL DATE: 6/20/94 HEARING DATE: 7/12/94 REQUEST: Annexation and zoning for Ronald Van Auker BY: Ronald Van Auker LOCATION OF PROPERTY OR PROJECT: Intersection of Ea41e Road and Franklin Road within the Olson and Bush Subdivision, and Commerce Park Subdivision JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P2 ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P2 CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM 8t FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM ~ FINAL PLAT) - MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) WATER DEPARTMENT .BUREAU OF RECLAMATION(PRELIM ~ FINAL PLAT) SEWER DEPARTMENT CITY FILES BUILDING DEPARTMENT OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: Nampa & Meridian Irrigation District's POLICE DEPARTMENT Evans Drain courses through the middle of CITY ATTORNEY the project. The right-of-way of the Evans Drain CITY ENGINEER is 60 feet: 30 feet from the center each way. CITY PLANNER See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION The developer must contact John Anderson or Bill Henson at 466-0663 or 345-2431 for approval before any encroachment or change of right-of-wav occurs. This District requires that a Land Use Change/Site Development application be fled for review prior to final platting Contact Donna Moore at 343-1884 or 466-7861 for farther information All laterals and waste wavs must be protected Municipal SurfarP drainage must be retained on site If any Surface drainage 1PaVPS YhP Site, Nampa rG Meridian Irrigation District must review drainage plans It is recommended that irrigation water be made available to all developments within this District. ~~ ~~~r-- Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District •: N m c~ cc c~ N Q'1 CERTIFICATE: I hereby certify that the following resolution is a true and exact copy from the Minutes of a meeting of the District's Board of Directors, held 2 October 1990, recorded at Book 56 Pages 187 and 196 through 202 (finalized 16. June 1992) . ~~ Daren R. .Coon Secretary of the Board NAMPA & MERIDIAN IRRIGATION DISTRICT 1iHBR8A8, the various agencies which are authorz-ed to issue land use change/site development permits have made it known that it is in the best..interest of the public that this District amend rules. and regulations for.. .development .within the boundaries of the District; and - li8ffitEAB, ~ it has been decided that such a cooperative and coordinating arrangement can best be realized through an amended permit system; and RH$REAB,~such requirements and requests have created a considerable expense hurden to this District for which there is not available revenues; and RSEREAB, a Development or Land Use .Change policy was greviously set up at a meeting of the District's Board of Directors held 17 March 1980, recorded at Book 36, Pages 65 through 69, of .the Minutes of the Board and .recorded at Ada County as Instrument ,8015309 and recorded at Canyon County as Instrument #890100; and IIBLREAB, a Site Development policy was previously set up at a meeting of the District's Board_of Directors held 17 March 1981,. recorded at Book 37, ~ Pages 89 through 92', - of the Minutes of the Board and recorded~at••Ada County as Instrument ,8115542 and recorded at Canyon County as Instrument #919045; and 1~HEREAB, it has become necessary to'combine and amend these policies. NOA THERBBOAE, BE IT x$SOLQED, that the. following amended policies are hereby established by this Board as District policy totake the place of theoprevious policies. `~' `~2wO022 o y o •~ NAMPA & MERIDIAN tRRIGATtON CISTkI~~; r••+ w E ~ :~ .;~;~ ` ~~ ~ ACA GGUNTY,1 D. FEiR _.__. © a= ,l. DAVID ~}„VARR ~ m _, ~ t RECORD V ~ .92 ,~iN 18 P~ N .c( >- ~. c~ r i NA~tPA is l[ERIDIAN IRRIGATION DI$TItICT Board of Directors' Policy for Chances of Land IIse or 8it• Development Developments or land use changes or site developments which affect irrigation and/or drainage, within the boundaries of Nampa & Meridian Irrigation District must be approved by the District Board of Directors. An application form may be obtained at the District office. which will provide necessary preliminary information for District review. general Iaformation A. DRAINAGE: 1. There will be no acceptance of any increased flow in storm run-off, drainage, or any contaminated waters for. which the District might be made liable by the Federal andjor State Clean Water .Laws.. 2. Existing or replacement of on-site drainage or run-off facilities or modification thereto must be .perpetually . maintained by the site owner or owners. 3. Drainage plans prepared by a registered engineer may be required where deemed necessary by the District even though on-site modifications to the District drainage system are not required in the development plans. 4. If a drainage lateral owned and ...maintained by the District courses the site, no alterations of the lateral nor encroachment br its right of way shall. be permitted without a license agreement. No access to such drain shall be denied to the District. B. IRRIGATION 1. The water rights of this District are not the same throughout the District. Neither are these always the same on one tract of land. Often these can be simplified without changing the Court confirmed status of the rights, if arrangements are made. with the Secretary of the District in the advance planning stages. 2. Any irrigation. supply lateral or canal which is owned and operated by the District and which may course the site, must not be obstructed nor encroachment made on its rights of way. -1- ., 3. .Any alteration from the original delivery point must be approved by the Water Superintendent and transfers to accomplish this alteration must be arranged with the Secretary of the .District as part of~the system.. plan acceptance by the Board of Directors. 4. No alteration or enclosure of an irrigation canal or lateral shall be permitted without a-license agreement. No access to such canals or laterals shall be denied to the District. 5. 'If irrigation service is not to be provided to the individual properties, all. property owners must be notified that the District tax is an obligation of all lands in the Irrigation District. This notification is in compliance with Idaho Law.: 6. No destruction, interference, nor limitation upon water flows which are appurtenant to the property rights of others shall be permitted.' 7. If development plans include providing irrigation, operation and maintenance of the system may be undertaken by a Lateral Ditch Water User's Association, in which case the District assumes no responsibility beyond the original point of delivery for the tract. 8. The District cannot provide permission for .alteration of waterways belonging to and being a part of the property rights of individual land owners and to which waters flow from the. system of the District. Permission must be granted from each of the property owners having ditch and water .rights in the waterway. C. REVIEW AND APPROVAL PROCESS 1. Applicant shall complete and submit the attached application form to the Secretary of the District. Two (2j copies of the proposed plans shall be submitted with the application. 2. Upon approval of the original application, plans and specifications for construction, prepared by a registered engineer, shall be submitted for review to the District. Plans and. specifications shall. be_ reviewed by .the District .Water Superintendent and/or the District's . engineers.- If acceptable, the developer will be notified.-..Prior to actual construction an estimate of the .:cost of construction shall be provided to the District. -2- r 3. If a license agreement is required to conform to specifications of the District and/or recommendations of its engineers, the Secretary of the District will then make arrangements for an appropriate license agreement for which the licensee shall be liable for payment of attorney fees. 4. The District shall be notified prior to commencement of construction. Inspection by representatives of the District or its engineers will not constitute approval of all or any part of the system and shall in no way relieve the developer or his contractor of the responsibility for providing a sound, workable system. 5. Within ten (10) days after completion'of construction the developer's engineer must certify to the District that the system was installed in accordance with plans and specifications, and furnish as-built drawings to the District. 6. .The developer .and/or his contractor shall be responsible for the repair of all defects, leaks or failures. occurring in the installation for a period of three (3 ). years after completion of construction. A maintenance and warranty bond in the amount of 10$ of the estimated or actual construction cost, whichever is greater, shall be furnished to the District within thirty (30) days after completion of construction.. If the owner or his contractor fails to make required repairs or .replacements promptly, the District shall make them, and the cost thereof shall be paid by the owner, his contractor or. the surety. The ees required will be: 5650.00 7. Attorney fees will be required only where a license agreement is required and these will be payable directly to the law firm of the District's attorney. " and, BB IT FIIRTHER RESOLVBD, that 'the Secretary of the District is hereby ordered to send copies of .this resolution to all planning and approval agencies. in Ada and Canyon Counties and in the Cities of Boise, Meridian, and Nampa, to the County Commissioners of Ada and Canyon Counties and to the Mayors of Boise, Meridian and Nampa. to provide sufficient copies of the policy and application form for. the continual administration and use. thereof by all. interested parties. -3- ~ r •. N / ` ~ STATE OF.IDAHO ss. County of Canyon ~ On this 16th day of Junes 1992, before me, the undersigned, a Notary Public, in and for said State, personally appeared Daraa ~. Cooa, known to me to be the. person whose name is subscribed to ..the-within instrument, and acknowledq~ed to me that he executed the same.. IN WITNESS WHEREOF,. I have hereunto set my hand and affixed my official seal the day and year in this .certificate first above written. * % ~~~ ~ * Notary .Public -State of Idaho G ~ y Residing at Caldwell, Idaho .'. J~~,AUB yt ~'~~ ~.•~ Commission E Tres 11 04 94 r ~ •,~i~~i ~O F`~ ~~~~~` T ~ ~ ~ • ~M~ ~~~ NAMPA & MERIDIAN IRRIGATION DISTRICT (Reproduction of this form is not acceptable) GENERAL INFORMATION 1. (Proposed-Name of Subdivision or Development) 2. (.General Location) 3. (Legal Description -Attach if necessary) 4. (Owner of Record) (Address) • 5. (Subdivider or Developer). (Address) ,,. t~.._. , 6. ~ 1'1 (Engineer) (Address) (Person to Contact) (Phone) 7. Acres ; .No. of Lots ; Number of Lots/Gross Acre 8. Proposed drainage discharge (Name of ..Drainage Lateral). 9. Is irrigation water to be provided to property? If yes, answer the following: ~ -:~ a) Proposed delivery point (Canal or Lateral) b) Present. delivery point for this land c) Type of system 1) Gravity (Piped or open ditches) 2) Pump pressure (Signature) (Date) (Application must be filed with the Secretary of the District. The appropriate fees and two (2) copies of all plats and drawings must be included with the .application.) LAND USE CHANGE/SITE DEVELOPMENT APPLICATION -Page 2 of 2 . ~'~ IDAHO POWER COMPANY ROBERT A. TAYLOR P.o. BOX 70 Supervisor aoisE, IDAHO 83707 Right-of--Way Department July 7, 1994 ]~E~~~'~~~ City of Meridian Planning and Zoning Commission J U L 1 1 1994 33 E. Idaho Street Meridian, Idaho 83642 ~Y~ ~~ ~'~ t~e.tt~i~if~f~ RE: Annexation and Zoning Request for Ronald Van Auker Company et al In response to the above Annexation and Zoning Request, Idaho Power Company would like the following written comments entered into the record in connection with the Ronald Van Auker et al. application for the property located at the intersection of Eagle Road and Franklin Road within the Olson and Bush Subdivision, Commerce Park Subdivision and Section Land in the S1/2 of Section 9, Township 3 North, Range 1 East., Ada County, Idaho. In March and April of 1994, Idaho Power Company, with the aid of the City of Meridian, its citizens, and various planning agencies, proceeded with a facility siting process for the location of a proposed 230 kV transmission line to serve the growing electricity demands of the Treasure Valley. (This route was in the impact area for Meridian and in the County at the time.) Through public participation a route was chosen which affected the fewest current and proposed residents, businesses, and public properties. Though the line will not be built immediately, Idaho Power, in conjunction with the Idaho Transportation Department and the Union Pacific Railroad, has proceeded with right-of-way location and acquisition along the east side of Eagle Road and the railroad north of Franklin Road. We have no objections to the annexation and rezone as long as appropriate setbacks are included for the transmission line corridor along the Railroad right-of-way and provided that the corridor is designated on the plat to give notice of the future transmission line development. Idaho Power is recommending that this easement should be restricted open space. Idaho Power wishes to restate our continuing support for the current effort to incorporate our plans into the City planning process. It is our hope that the establishment of such restricted easements, rights of way and open space designations will allow Idaho Power the flexibility to construct and modify its facilities while contributing to the long-term planning objectives for the entire City's future development. If you have any questions or need additional information, please call me at 383-2691. Very truly yours, Robert A. Taylor RAT/dp RATIBOICU38.W1 Telephone (208) 383-2691 Fax (208) 368-6926 /'~ ~'~~ IDAHO POWER COMPANY ~~~ P.O. BOX 70 BOISE, IDAHO 83707 Tim Phillips, Engineer Idaho Power, CHQ 5 1721 W Idaho St PO Box 70 Boise, Idaho 83707 August 4, 1994 Shari Stiles City of Meridian Planning and Zoning Commission 33 E. Idaho Street Meridian, ID 83642 Re: Annexation and Zoning Request for Ronald Van Auker Company et al Idaho Power company wishes to submit for the City of Meridian's consideration certain recommendations regarding location, height and grounding /bonding in relation to buildings or structures, constructed near Idaho Power Company's planned Cloverdale -Locust double circuit 230 kV Transmission Line # 712 to be located near the above referenced property. Idaho Power Company currently owns a 138kV transmission (Locust Tap) on the north edge of the property. With the exception of the pole near the road intersection, the line is built in road right-of-way. This line will have to be relocated once McMillan Road is widened from Eagle Road to Locust Grove. Idaho Power Company's plans are to relocate the 138kV line to the north side of McMillan Road when the road widens and place the proposed 230kV line on the south side of McMillan. Constructing the 230kV line on the north side of McMillan Road does not appear desirable because of the structure height required #o cross the 138kV line both at the intersection and near Locust Substation. Idaho Power Company also intends. to locate distribution voltage facilities beneath the proposed 230kV circuits. Because the proposed property will probably be residential housing presumably two stories or less, clearance to the distribution facilities will govern. Idaho Power Company will pursue a private easement for the line, with a centerline alignment 3.0 feet inside the private property line. 1. REQUIRED NATIONAL ELECTRIC SAFETY CODE CLEARANCES Any building or structure located on the residential building lots that are adjacent to McMillan Road may have height restrictions in accordance with the NESC (National Electric Safety Code). (a) BUILDINGS OR OTHER STRUCTURES UNDER 38 FEET Idaho Power recommends that all buildings and other structures less than 38 feet in height be setback a minimum of 25 feet from the north property line along McMillan Road in order to insure NESC Code requirements are met. Depending on a particular building site's proximity to a transmission pole, buildings or structures may be placed closer than 25 feet from the property line, however, clearances should be reviewed by the Idaho Power Transmission Design Department. (b) BUILDINGS OVER 38 FEET Any structure (including signs, light and flag poles) that exceeds 38 feet in height from the existing grade level should be reviewed by the Idaho Power Transmission Design Department to ensure required separation and clearance requirements are met. For these structures, Idaho ,~ Power recommends a 38 feet setback in order to insure NESC Code requirements are met. II. NECESSARY ACCESS The developer shall coordinate with Idaho Power Company to ensure that adequate personnel and vehicle access is provided for the purpose of transmission line maintenance. 111. GROUNDING / BONDING CONSIDERATIONS Any building or structure located within 200 feet of the transmission line center line may need to have additional grounding /bonding installed by the builder to eliminate any effects of electrical induction. Buildings or structures may require grounding /bonding by the builder at distances greater than 200 feet depending on their size and the amount of metal in the makeup and particularly buildings with metal surfaces. Idaho Power Company is available to discuss what grounding /bonding measures may be undertaken by the builder to eliminate the possible effects of induction. IV. ELECTROMAGNETIC FIELDS No building restrictions have been established for the purpose of addressing the above described transmission line's electro magnetic fields (EMF). Concern has been raised by some people in recent years regarding possible adverse health effects from exposure to EMF. Evidence gathered thus far does not demonstrate that power lines have adverse health effects on public or occupational health. While research is continuing on the subject, no definitive safety standard for human exposure to EMF exists. Accordingly, Idaho Power Company is unable to establish clearances relating to its transmission line to avoid any possible health effects (if any exist) associated with the transmission line's EMF. Idaho Power Company wishes to make it clear that the foregoing reference to possible effects from electro magnetic fields is supplied to the City of Meridian for their edification. Should Meridian wish to have statements regarding the EMF phenomena placed on the Design Review for the planned subdivision, then that is within Meridian's sole authority and discretion. If you have any questions or need further information, please feel free to contact me at (208) 383-2744. Very truly yours, ~~ J ~ ~ ~ "`~~'c ~' ~ ~ pISTE9 y Tim Phillips, P.E. ~~ ~' FO Transmission Design Dept. o s ~~~ s c: S A Brewer ~q1~ o ~op~`o L D Wilcox F ~,® R A Taylor L. P1~' C J Cox /`ti MERIDIAN PLANNING 8~ ZONING COMMISSION MEETING: August 9,1994 APPLICANT: RONALD VAN AUKER AGENDA ITEM NUMBER: 11 _ REQUEST: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST 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 FINDINGS OF FACT AND CONCLUSIONS OF LAW c~~ ~ ~~ ~ . day ~~,a. ~,~ ~~~~r Ye~~ ~ I c ~~ss ~ E OTHER: i _' - ~ :. - ~ i ~~" ,~" ~~ ;ili S ,_- __ Z l ' ~ ~~.E ~ 4 I _ l - J - ~ ~_. ~... ~ ~ ~ ' ~~ ~~ , !~~:F f l; ~ . „ ~ ~'l .. , i. . ~ ~i, i~ A~ I ~ ` ~~ K ` ~ ' i ~ } _ - ' _ I a_ ~ ~:~ I I;' ~ ~ ' ~b ~~ u ~,~ ~. „, '` '' ~ ~. t - • ~- ti, I y: ~kµ -_ ------ - I M f ~ ,~ 7 ._,` F!~ i - - -_ - - I- •f P~~ t r ;r~ ~ y l _ {Z~"` ~3 Cl.oV~RAAL E ~ ~ ~ ~ I ~` - ~ i - ~. . _~ i m ~ 0 0 z ~D m OZ DD Z Z °m ~~x D D m DO w ZZ ~ CO . mTZ~ m m~ ~ ~~ ~ rD z Z ~ 0 v ~ D I O ~. c" -~~% C~f`G GLENN J. RHODES, President SHERRY R. HUBER, Vice President JAMES E. BRUCE. Secretary TO: /''1 ACHD Commission INTER-DEPARTMENT CORRESPONDENCE 9430TD/DSTECH 12-14-94 DATE: December 9, 1994 FROM: SUBJECT: Development Services 94-30-TD Brewery Warehouse 3550 Commercial Court (Commercial e/o Eagle Rd) (Representative - BRS Architects, Clinton Yaka, 1087 W. River, Suite 160, Boise, ID 83702) (Applicant - Don & Karen Nelson, 3550 Commercial Court, Boise, ID 83702) PRELIMINARY REPORT - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. This application is seeking approval of a traffic and develop- ment plan to construct a 15,360-square foot brewery warehouse located at 3550 Commercial Court. The site is generally locat- ed northeast of Eagle Road (Hwy 55), Block 2, Lot 5. 2. This site was previously reviewed and approved for a 30,550 square foot warehouse in May of 1994 with application 94-06-TD. 3. GENERAL INFORMATION: ACRES - 2.64 SQUARE FEET OF PROJECTED BUILDING - 15,360 ZONING - Industrial - M-1 ESTIMATED VEHICLE TRIPS PER DAY - 240 TRAFFIC ANALYSIS ZONE - 145 L.F. OF FRONTAGE ON Commercial Court- 278 MOST RECENT TRAFFIC COUNTS - None available FUNCTIONAL CLASSIFICATION MAP DESIGNATION - Local ADA COUNTY RIDGE-TO-RIVERS PATHWAY PLAN - No pathway shown EXISTING RIGHT-OF-WAY - 50-feet REQUIRED RIGHT-OF-WAY - 55-feet (27.5-feet from centerline) Commercial Court is improved with 24-feet of paving. IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities ada county. highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 /~`~ 94-30-TD 3550 Co. ercial Court Brewery War ~~use December 9, 1994 Page 3 6. Submit three sets of street construction plans to the District for review and appropriate action. 7. Submit site drainage plans and calculations for review and appropriate action by ACHD. The proposed drainage system shall conform to the requirements of Ada County and shall retain all storm water on-site. 8. Provide design data for proposed access to public streets for review and appropriate action by ACHD. 9. Locate driveway curb cuts a minimum of 5-feet from the side lot property lines when the driveways are not being shared with the adjacent property. 10. A right-of-way permit must be obtained from ACHD for all street and utility construction within the public right-of- way. Contact Construction Services at 345-7667 (with zoning file number) for details. 11. A request for modification, variance or waiver of any require- ment or policy outlined herein shall be made, in writing, to the Manager of Engineering Services within 15 calendar days of the original Commission action. The request shall include a statement explaining why such a requirement would result in substantial hardship or inequity. Should you have any questions or comments, please contact the Development Services Division at 345-7662. STAFF SUBMITTING: DATE OF COMMISSION APPROVAL: Larry Sale 1 j I '~ ! _ ~~~ 1i H I' 1r I M (, ;~ . ~~ ~ ~ ~~ ~ ~y Q ~~ ~ ~~ ~~ ~ y ~ ~ ~dg ~Q~ ~ ~~~ ~ ~3 :. 9~tt Qr ~~ ~~ ~ ~ g~~$~~ p~9 a~~~ 8~ s i , jy~2te~=~f~ a~8! Y i ~~ ~~ ~~ ~~~ ~~ ~i7.iw w i ~ ~~w~r.r wrlr u~i~fcf f ~~ ~~u u r. a ~~ ~ ~ s a ~ ~ ~~ ~ ~ a ~ ~ ~ ~3 ~ I 4~~~ ~ ~6 ~ I ~ 3 ~ i W $ ~ ~~~; .. z= .t _. a~ ~I ( ,~ .. ` .~ ~~ W .. ~ ~ W - MERIDIAN PLANNING & ZONING COMMISSION MEETING: ~~ Y 12 1994 APPLICANT: RONALD VAN AUKER AGENDA ITEM NUMBER: 1T _ REQUEST: ANNEXATION AND ZONING REDDEST AGENCY COMMENTS CITY CLERK: CITY ENGINEER; COMMENTS FORTHCOMING CITY PLANNING DIRECTOR: COMMENTS FORTHCOMING ~~ CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" ~ti ~ `f c CITY FIRE DEPT: SEE ATTACHED COMMENTS ~~ CITY BUILDING DEPT: ^ ~~ Y~ MERIDIAN 5CHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SEE ATTACHED COMMENTS ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION:. IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: •~-~ - _-- .. ~ - =s~~aenr TO: ACHD Commission _NTER-DEPARTMENT CORRESPONDENCE ~iERANXFR/DSTECH 7-6-94 DATE: June 30, 1994 -ROM; Development Services SUBJECT: Meridian Annexation and zoning -- Northeast of Eagle Road and Franklin Road (Applicant - Van Auker Company et al) (Representative - Roylance & Associates, P.A., 4619 Emeralc Street, Suite D-2, Boise ID 83706) PRELIMINARY REVIEW - NOT FINAL UNTIL APPROVED BY THE ACHD COMMISSION FACTS & FINDINGS: 1. This application is for and annexation into the City of Meridi- an and zoning designation of L-I and C-G for several parcels of land owned by several individuals. In addition, there is a proposed school site with the requested zoning of TE. The site lies within Franklin Road and Pine Avenue (extended), and Eagle Road and Cloverdale Road. 2. GENERAL INFORMATION: ACRES - 172 - 76.30 acres ZONING - Requested - L-I (Light Industrial) C-G {Retail & Commercial) 36.26 acres TE (Technical District} 47.18 acres ESTIMATED VEHICLE TRIPS PER DAY - light industrial 52/acre TRAFFIC ANALYSIS ZONE - 145 IMPACT FEE BENEFIT ZONE - West Ada IMPACT FEE ASSESSMENT DISTRICT - Western Cities 3, A portion of the funds allocated to Ada County Highway Dis- trict from the Highway Distribution Account are predicated on the number of improved road miles (under the District's juris- diction) that are located outside the limits of any incorporat- ed city. Consequently, annexation of subject lands will ad- versely affect a major revenue base of the District without any compatible decrease in the District's responsibility to Ada county ~i~i~way ~is~ric~ 318 East 37th • Boise, Idaho 837' - • ~^one (208) 345-7b80 M -.,J r 'i OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. LASS, City Treasurer GARY D. SMITH, P.E. CiIY Engineer gRUCED.STUART,Wet~e i WatePSupt• JOHN T. SHAW CROFT, KENNY W BOWE~N polCioe Chief WL. "BILL" GOR, WAYNE G. CROOKSTON, JR., Attorney '~ VALLEY ~ • HUB OF T~ASURB ~`' A Good place to Live a - T ~~- ~ F ,~/~ERIDitA~N, CITE O T IDAHO 33 gAS 1vIERIDIAN, IDAHO 83642 Phone (208) 888.4433 a FAX (~) 887-4813 v~,hlic W orks/Building Department (208) 887" GRANT P. KINGSFORD Mayor .~„ ~~ COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE W ALT W ~ MORROW SHARISTIALa Snistrator Planner & Zoning JIM JOHNSON Chairman • Plann~n9 & Zoning 2211 ~ ~ ~'~ ~~~~ ~~9~^~q1 ~q ~~ V~ ~t~~R~l~~l"~ COMMENTS ON DEVELOPMENT PROJECTS '~ TRANSMITTAL TO AGE ~ ~ TSE CITY OF MERIDIAN . ~ recommendations will be considered by the To insure that your comments and we have your answer by: `J 8~ Zoning Commission, may =~ Meridian Planning Jul 5 1994 HEARING DATE: ~~12184 ~ TRANSMITTAL DATE: 6120/94 REQUEST: Annexation and zonin for Ronald Van Auker BY: Ronald Van Auker .n OCATION OF PROPERTY OR PROJECT: Intersection of Ea le Road and Frankli \ L Road within the Olson and Bush Subdivision and Commerce Park Subdivision _ __. ...__.. ~,~ MERIDIAN SCHOOL DISTRIC _ _ ^,,,~~ ~~ A'T ~. r". Annexation Request for Ronald Van Auker Company et al City of Meridian, Idaho June 17, 1994 Prepared for Ronald Van Auker Company 3084 East Lanark Street Meridian, Idaho 83642 208/887-7994 By Roylance & Associates, P. A. 4619 Emerald Street, Suite D-2 Boise, Idaho 83706 208/336-7390 APPLICATION FOR ANNEXATION APPROVAL & ZONING OR REZONE "` MERIDIAN PLANNING AND ZONING COMMISSION - FILING INFORMATION I. GENERAL INFORMATION ALL PROPERTY IS_INDIVIDUALLY OWNED SUBDIVISION IS NOT REQUIRED (PROPOSED NAME OF SUBDIVISION) THE PROPERTY IS LOCATED AT THE INTERSECTION OF EAGLE ROAD AND FRANKLIN ROAD WITHIN THE OLSON & BUSH SUBDIVISION COMMERCE PARK SUBDIVISION AND SECTION LAND IN S1/2, SECTION 9 TOWNSHIP 3 NORTH RANGE 1 EAST. (GENERAL LOCATION) PARCEL NUMBER ON THE ACCOMPANYING PLAN OF DEVELOPMENT (LEGAL DESCRIPTION-ATTACH IF NECESSARY) A LIST OF THE OWNERS OF RECORD, THEIR ADDRESSES AND PHONE NUMBERS FOR EACH PARCEL IS ATTACHED HERETO (OWNERS OF RECORD) RONALD W. VAN AUKER (208) 887-7994 3084 EAST LANARK, MERIDIAN, IDAHO 83642 (APPLICANT NAME & ADDRESS) (ENGINEER, SURVEYOR OR PLANNER) THE CITY OF MERIDAIN (JURISDICTION(S) REQUIRING APPROVAL) THE TYPE OF REZONING REQUESTED IS IDENTIFIED ON THE LIST OF OWNERS FOR EACH PARCEL AND AGAIN ON THE PLAN OF DEVELOPMENT (TYPE OF SUBDIVISION-RESIDENTIAL, COMMERCIAL, INDUSTRIAL) 172.00 ACRES OF LAND IN CONTIGUOUS OWNERSHIP 52965.00 filing fee + $69.66 mailing 53034 66 Total (ACCEPTED BY) (FEE) REQUEST FOR ANNEXATION & REZONING OWNERS & OPTION HOLDERS -. PARCEL # ACRES VJ JOINT VENTURE, AN IDAHO JOINT VENTURE 3084 EAST LANARK MERIDIAN, IDAHO 83642 (208) 887-7994 TAR #S1109325462-(I-L) LIGHT INDUSTRIAL A 28.58 TAX #S1109417800-(TE) TECHNICAL DISTRICT B 45.40 ... RONALD W. VAN AUKER 3084 EAST LANARK MERIDIAN, IDAHO 83642 (208) 887-7994 TAX #51109417325-(TE) TECHNICAL DISTRICT C 1.78 TAX #86510580012-(I-L) LIGHT INDUSTRIAL F 1.02 .~ TAX #86510580020-(I-L) LIGHT INDUSTRIAL G .88 TAX #86510580030-{I-L) LIGHT INDUSTRIAL H .88 TAX #81527260041-(I-L) LIGHT INDUSTRIAL K 2.52 OREN C. MAYES AND CARM EN J. MAYES 3710 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 -- TAX #S1109346750-(I-L) LIGHT INDUSTRIAL D 30.60 (C-G) RETAIL & COMMERCIAL 11.00 „~ FRANKLIN-EAGLE JOINT VENTURE, AN IDAHO JOINT VENTURE 3084 EAST LANARK MERIDIAN, IDAHO 83642 (208) 887-7994 TAX #S1109336332-(C-G) RETAIL & COMMERCIAL E 25.26 .- G/D PARNTERS, AN IDAHO GENERAL PARTNERSHIP 796 DIAMOND STREET BOISE, IDAHO 83701 _ (208) 336-6790 TAX #81527260042-(I-L) LIGHT INDUSTRIAL J 2.52 DONALD J. NELSON AND KARIN H. NELSON 4301 FEDERAL WAY BOISE, IDAHO 83705 (208) 343-3051 ,_ TAX #81527260060-(I-L) LIGHT INDUSTRIAL L 4.02 4M LEASING/CANVEST, AN IDAHO GENERAL PARTNERSHIP 4301 FEDERAL WAY ` BOISE, IDAHO 83705 (208) 343-3051 TAX #81527260180-(I-L) LIGHT INDUSTRIAL M 2.64 TAX #81527260200-(I-L) LIGHT INDUSTRIAL N 2.64 UNION PACIFIC RAILROAD RIGHT-OF-WAY 12.26 TOTAL 172.00 Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 Project No. 1543 Annexation for VJ Joint Venture The subject area for this annexation lies to the north of Commerce Park Subdivision located east of the Eagle Road (S. H. 55). This site is situated within the City of Meri- dian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City, and develop its property for various light industrial purposes. The current Ada County zoning for the property is M-1 Light Industrial District. The requested municipal zone designation is I-L Light Industrial District. The parcel under consideration 28.58 acres in size, and is currently vacant. Surrounding land-uses found in the vicinity of the site includes alight-industrial development (Commerce Park Subdivision) to the south, with agricultural land located immediately to the north and east. The principal town center and commercial district for Meridian is located roughly 2 miles to the west of the property. Municipal utilities are currently being planned to be extended to the proximity of the site. Principal access shall be provided via the extension Pine Street to the east from Eagle Road. This facility is planned as a collector thoroughfares by the Year-2000 Functional Street Classification System-Urban Area. Traffic along this route is expected to be 11,500 vehicle trips-per-day by the year 2015. Use of Eagle Road is projected to expand from 10,000 vehicles per day in 1990 to 24,800 by the year 2015. The proposed use reflects the spirit and intent of the updated version of the C~ of Meridian Comprehensive Plan, which recommends primarily light industrial develop- ment for this area. the site lies adjacent to a major arterial roadway, Eagle Road, with the Pine Street Extension proposed for the north boundary of the property. The volume of vehicular traffic found in this area is sufficient to warrant the types of development proposed for this site. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. June 14, 1994 VJ JOINT VENTURE ,.. City of Meridian Planning and Zoning Commission Attn: Shari Stiles, Planning Director "' 33 E. Idaho Avenue Meridian, ID 83642 Re: Request For Annexation and Zone Change Dear Sirs, The undersigned hereby request annexation into the City of Meridian and a change of zoning as described in the Plan of Development accompanying this request for a parcel of land located in the S1/2 -~ of Section 9, T 3 N, R 1 E, as described in the deed attached hereto and made a part hereof. STATE OF Idaho ) ss: COUNTY OF Ada ) On this 14th day of June 1994, before me, a Notary Public in and for said State, personally appeared Ronald W. Van Auker who, known to me to be the person whose name is subscribed to the foregoing instrument, did say that he is a partner of the joint venture that executed the foregoing instrument, and acknowledged to me that such joint venture executed the same. My Commission Expires: N ary Public ddress: ~9~ 'r `` -. .~~ ~~ .~ C, 's~ ``.. ~ i.r~+. n~,suv vw Lr.Lb19L• 1V'1 June 16, 1994 Project No. 1517 Legal Description Ronald Van Auker 72.76 Acre Tract A tract of land situated in the Sothwest 1/4 and the Southeast 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at a found brass cap monumenting the Southwest Corner of said Section 9, thence along the westerly line of said Section 9, said westerly line also being the centerline of Eagle Road North 00°-00'-00" East a distance of 2650.18 feet to a found brass cap monumenting the Northwest Corner of said Southwest 1/4 of Section 9, thence leaving said westerly line and along the northerly line of said Southwest 1/4 North 89°-10'-47" East a distance of 70.01 feet to a found brass cap, said brass cap being the POINT OF BEGINNING. Thence continuing along said northerly line North 89°-10'-47" East a distance of 2605.42 feet to a found brass cap monumenting the Northeast Corner of said Southwest 1/4, Thence leaving said northerly line and along the northerly line of said Southeast 1/4 North 89°-10'-38" East a distance of 1342.37 feet to a point on the easterly line of the West 1/4 of said Southeast 1/4, Thence leaving said northerly line and along said easterly line South 00°-51'-42" East a distance of 1363.50 feet to a point on the northerly right-of--way of the Union Pacific Railroad, Thence leaving said easterly line and along said northerly right-of--way the following courses: North 89°-56'-30" West a distance of 1347.12 feet to a set steel pin on the easterly line of said Southwest 1/4 of Section 9, Thence along said easterly line South 00°-39'-59" East a distance of 50.00 feet to a set steel pin, Thence leaving said easterly line and continuing along said northerly right-of--way North 89°-56'-30" West a distance of 20.00 feet to a set steel pin, Thence leaving said northerly right-of--way North 00°-39'-59" West a distance of 691.61 feet (formerly North 00°-40'-28" West a distance of 692.34 feet) to a set steel pin, Thence South 89°-20'-47" West a distance of 458.83 feet (formerly a distance of 458.56 feet) to a found steel pin, Thence North 66°-38'-18" West a distance of 511.25 feet to a found steel pin on the northerly boundary of Commerce Park Subdivision (A Recorded Subdivision on File in Book 45 of Plats, at Pages 3721 and 3722), Page 2 "' Legal Description Ronald Van Auker 72.76 Acre Tract Thence along said northerly boundary the following courses: North 79°-29'-17" West a distance of 181.13 feet to a set steel pin, Thence North 88°-26'-02" West a distance of 801.72 feet (formerly North 88°-28'-18" West a distance of 801.83 feet) to a found steel pin, Thence South 88°-23'-29" West a distance of 220.34 feet (formerly South 88°-21'-11" West a distance of 220.15 feet) to a set steel pin, Thence South 42°-55'-20" West (formerly South 44°-07'-21" West) a distance of 12.25 feet to a found steel pin, Thence North 87°-54'-48" West a distance of 435.58 feet to a found steel pin, Thence South 82°-51'-14" West a distance of 21.93 feet to a found steel pin on said easterly right-of--way of Eagle Road, Thence leaving said northerly boundary and along said easterly right-of--way North 00°-00'-00" East a distance of 413.38 feet the POINT OF BEGINNING. The above described tract of land contains 72.76 acres, more or less, subject to all existing easments and rights-of--way. c:\wordtextUegals\15171g12.doc i ~ •'~ii'.,,. _ ~ +'~" r$x ~:' ~~ ` adz .s,~~,•:, `ti ~ ~"t,-t .,;. - r~ ~' ;" 9 plO~lE~t~IlIE C:OMlwNY ,~ ,~ ~~~ -~:. , ~ylOA 00tiNlY ~ -- ~' E h; _ ~ , 80tS: P tONEER TiT~E 9a =2i west Stste/yStgmt / Btif'e, dda 53702 °~ `9'( f ci~i' i 7 f-,'! ~, {/(J~ / ~' ~ ~, fEE ~ _ ~ 3d0 North Cok Rrsd / Balhe.~ idsbo 03701 ~ xr ~ ~ : i~CO,:~, , (206137737 _ ~ , / : ~t r ~ ... b~ !~l0536i JS REVIEWED ii AltitAEa di: srACE tuovF roa atornttmsr trwrA ~ ~mm7iilJl/~'.u' A[Ai($ ~ J~li010~ld'itF.'?r;.L~:.ruluE~1.Jt~~1r"'' '' ~ ~ ' WARRANTY DE~Et3 ~ -; ~ (M~HI0tNl111 ~;= ~? ~. ~ FOIL VALUE P.ECEIVED JOE DOEARAII, an ntssssrried ~ at all tiaras since April 28, 1967. :.and JOHN DOBARAN acrd ~VELi.A DOEARAN, httsbat(td and rita, -; ~- r- ~: aRANTORts) does Ido) hereby GlA11Ni'. DAROAM, SELL and ODIWEY aeet- ~ ~' ~; .. YJ JOINT VENIIiRB, an Idaho joint venture, ~ ' ~ "~?, C tfltAt~li'EE(S), whose Curran addtaa is .3081- E. Lanast, lleridiaa" ~dahey • ; 83642 .~'' tieforowios described seat tKOPatyla ' ~ Adi ' ' County, Su:e of tdabo, ~ , . r taare oarticuhrly described as fa0ows, ro wie `-- '~ .r.. :~ .~ +~~ See the attached E~thibit °A" for legal dsscriptioa, ohich~'tiy this reference ~ ,. is incorporated heroin.` r La ... :. ~~ - +' ~ ~~„ ... .i~r~ ~.i ~ r t ?,. .:. ; w ~ - .Y ., -- ~ - ~ .. '~# : ' ~ ~ ..~ °~" TO HAVE AND TO HOLD the at$d prrotises, wit:t their apputtersaooes unto the sdd Ciranrse(s), and Grataees(s) heirs and assipu tarerrer. And the said Grantor(s) doers (do) haebY ovvaurrt to acrd ~ the said Gf4ora(a},~be Grantor(s) is/are the owner(s) in fa ~, ':;' tAstple of said tmmisa; that said ystseifa src free from a9 esseumbtattas, EXC~I t`.l~t0ae tie ~pide this `" ,; srbjea and those made. suffered ar+btlae by the Orantx(sk and n is ex~Y made t~bjea to ~arfo'4t,'n:lsktioaa. dediations, easements. riEhts of .c. • way atd atueements, (if any) of record, and jeaeral tasca and assa~ates, iadodee listptioaaad'~y asseurtlents, (if any) for the ~ , oarreat year, which are not yet d!sa and payable, atd drat Otaaearls) wI0 wapakasd defend the same trnm atl IawfW claiaa ~ "`'~ wltttsoever May 17, 1994 ~-.~i "f ~ _ _ ~ '' ~"' ~ Jy ( + , Dobarl~n w., rtu,_ , _!~+r---~ _.---- L~ ~ , i r . _~, ~i __-- ~ ,~ ~ ,. .: t :` STATE OF Idaho '~ ~y of 'Ads ~~ ~ ~' "':~wAthfie' '~ith.T.I' '•-y dU-bf1 Mao ~~}~~thcjeaot 1994 .betoretae ~ '~ ~ r,,,et:•'ti.~lor.~= ~ aNotarypublic,.pt~daa9yappe~itad ' Jos pobaran, John Dobaran ~ a, ~ .4eowYsrrdeatiGOdto.meto ebepeiaaa(s)wboseaame(s)' r~1 wbscril+edtothewitbin Mltra,~, and ~ ~ ~ . Kknowtelo a[ilktlgit the JL aretaaed the iaete y ~ v, r ~ M~~F' ~ T i~P ~-Y.. ~. ..~ • • .• ~ 3'4 Cyy L 1 , ^' J . fY .~41 .ly_ •11..1.1/N~ at: t' -* .s ~ b ~~~ iM K I+1 l_/ 1~ 11~.(' l..{ al( )j( 1fL 7' N1 .. ... ... ... ~ s + Y` ` ty; `" - fur .,~ _ ~ f,"4 „' :Eya~leTr~ g;, ~72f UU1~ 7 G5 .7. ~ - .. PfObabt y~ ~ v> e w~ ,.., PARCEL'A ~ .. ,,~ ~s x ~' ;r .' ; 1MIAT PORTK7N OF THE SOl1iFI1NE$~Q)Ai1TER OF SBCTIONli: TOWNS ~IAt4CaE 1 EAST `} OFT3.M.INADAOOUNTY.IOAr`~O.LAM'IG`NORii~.YMOFJIB'~RLYOfb~l/~1CEPJIfitt ~ ~ "~ ~, St>GDNI>310N, ACCORDING TO THE~IJ-TTHBiEOF, FA®~i~G01c46 S721t J1tA. '.1122 . ~ ~ ~~- r ~ t x` '~` E7~T'TW1T PORTION TFIEREOFD AS FOWOWS. `~ j `'` s - '. ~ ~ ~. ~~ CONNNENCING AT THE SECTION ObiMEA CONIIA01'1 TO 8ECY10lRR 4 $1~11~ iT~IF TOWI'+ISHP 3 , ;",_ NORTFI. RANGE 1 EAST. B.M. -~ <,F s ~ ~., " k >'r T1'~ICE ~~OR1711298.53 FEETALl~i831'E>~101'1 LMEOO~~A01~T~ ~~: - °~' f .:TFENCE SOUTH E9 DEGREES 58~1';E118t 25'FffT TO Ab/IIrIION PMI O~'AE~IOR~'~ilf~R OFw~.r ~, t1~lE OF THE UNION PACIFit; RAIL~~IOAD: ` ' -< ~ TFfFICE ALONG SAID NORTH RKi~; OF WAY tltr~ SOUTH ~ O~E8. FF.I:T TO ,, -> ` .:THE TRUE POINT OF BEGINMNf~ ~ " "', r "" ~ ,: ~~ , .: TFTENCE NORTH 888.84 FEET TO T~;80UTHElit.Y RI(>1HT C1F WICtt lkE ~ ~ : ~' ~ ~~: TFIENC£ALONGSAIDRIGHTOFYIIIIy'TJt~F_SOIiTI~aeCB0~8~18'; 2~'P~:'` 11iCNCE NORTH 89 DEGREES 2~EA$f 168.66 FEEI'.TO A PON'!1`ON Y11IM~11` OF WAY ~ Lir1E OF SETTLERS CANAL; ~,• ; ` ' ,'. , . ~ , _.- , ._; ' , ; .g, 'l 80UTH 0 DEGREE 40'2S"AStraB?.34 FEET ALON3 A UWE ,~Y SO f'EET WEST ~ THE CENTER SECTION UNE a51gKK;TION 9. TO A P!ON~T ON THE F WAY;LWE OF as- . ~ max: JHE UNION PACIFlC RAIL ROAD; °~~' > " . : ' ~ • ;` TtIENCE NORTH ~ DEGREES S8~'"1NESTl,138.00 FEET JII-ON(~ ~11D -0RwAY UNE TO ' `' l T#E PONT' OF 1Cz r~ A; ~~ L'~y ,vas ~ ~ , • v ~ rcy 7 ~~ Mid E»f THAT PORTION 81(THE S1'~il'S'OF"OIWO 8Y ,~~ t ~- ~„~, ~ UNDER N0.8820698. < ~ "~ ~{, ~. ,.. .. ~ ~,c _ r t'. t ~~:: C r .'.~ -~ ~1.GIw7. ~ 4~'3 zA ~iiAT PORTION OF THE .nIIARTER OF SBCfIdrN~. .~~ :~Y = _ BJIIL TN ADA OOUNTY. IDAHO• LYN~IO?10R'TT'~RLY OF THE NO<~TtEAI. %.;. .tI1RON PApRC ,~ 4 0 v ~ y ~' ~' E RIIILROADeiiGFiT-OF WAY. ~~,c ' Ieec As Fa~' ~ _ ~ ` l:TTT~f THAT PORTION ""'' ~' ; ~~' ~ A PARCEL OF LAND IN THE ~iALF OF SEChON~ ~, t TJ18T, '~' ~~ t ~'SOISE MERIOUW, ADA COUNTY. ~lil'!O~11AOIiE PART1i~AlE:'I*#IIE9C~ 9 AND :x 'i~D1AMENCING AT AN IRON ROD'MTHE ONE~Cit-ARfT~00R '~ 1Q TCNINSFNP 3 NORTH. RANGE ~'EJ19T. lTOISE I~RIOIAI~' '"''~?~~^{ ~ TfENCE SOUTH ~ DEGREES tO~WEST 260 PEETTI;IJ~ *TOTi ~MiitTraFWAY `'~ ~~- :k ~ ~OF A OOUNTY ROAD' ~, ~ ~ , ~~ .,, i ~ ~ ~ ~THENT~IILONGSAIDRIGHT tOE~EE ?~iUEPOIN'T ~~ ~. •' ~ ~. 80~ ITH 89 DEGREES ~'II~81'>i88~80 FEEtt~D~T~dNts ~ " °'THENCT SOUTH 1 DEGREE 03'~'.EAST 190.OD FEET r0"A~Pf~if: z . ~ ? " a ~ `# "` 7FIENCE SOUTH 89 DEGREES 1'dTIOrMIEST 108.52 FEET Ti3~1~ONtTT, ,~ ' FEETTO~C'TM~IMtT: ~ ~ •THENCE 80tlTH t DEGREE 03'~ >i72.88 ~' „'' f ~. .; ~=?HENCE SOUTIi 89 OEGREE8 ,Y ,;,TT#NCE 80UTH 1 DEGREE 03'84`~JI~T` 200AOFEEI't0A PT~NT ON . ~GKT-0TJdIAY UNE r~-'~ c' :~ 'OF~THE UNION PACIFIC RAltA01M~ ~ ~ ~~`' ~ `,~ ~ ~` - • ~ ~`~.``~ e` ~ ~ AN IRON ROD ~ R ~` fT#NCE/ILONGSJIIDRIGHT-OFi~OtlT1iDO0B01~~' t: ~ 1~,+~.°ONTFE WEST RIGHT-OFaf NAY L~~1 COt#~'I''t AO~"~ . ` `-, .:: ` ,TH~ELEAVING SAID RN~.~JF-WAYA1~0 ~. ~ Y ~'p, t~lbGf4T-0F WAY NORTH t '~ T•~~` r . JY' ~~~....y~~p~EPT'TW~-TPORt10N ~ ~' ` ~;. ' ~'~ r~NT) 01~l.EGAL DESCRI a ~` ~.st . '.: ~ ~ ~' r..y.44 ~ ~. M .~ ~~j7 ~A . r ~ r. 1 ~ t i .~ EXHIBIT "A" n •- INCLUDING ALL THAT PORTION OF THE EAGLE ROAD RIGHT-OF-WAY LYING EAST OF THE CENTERLINE AND ADJACENT TO THE HEREIN DESCRIBED LAND. ~. .~ ,~- .. .. r ~~~~~ ~ 892598 "'' ROBERT L. TRABErT , ~ Chief Legal Counse>~©~ PATRICK W. FANNING STEVEN. M. PARRY .. Attorney Idaho Transportation Department __ P.O. Box 7129 Boise, Idaho 83707-1129 Telephone: (208) 334-8815 ~. ~~ no. COpY ~G7 F1Le0 APR 2 1 1989 .iGHN BASTIQq, Clers SY F=B~CDC~~ TiiNEDA ' IN THE DISTRICT COIIRT OF THE POURTH JUDICIAL DISTRICT OF THE ~" STATE OF IDAHO, IN AND. FOR THE COUNTY OF ADA THE STATE OF IDAHO, ex rel, ) .-. JOH:J "I. OHMAN, MARION ) DAVIDSON and PHIL GATT, ) Case No. 91481 IDAHO TRANSPORTATION BOARD, ) ' „~. Plaintiff, ) -vs- ) SECOND JUDGMENT AND DECREE OF CCNDE."INATION JOHN. DOBARAN and ARVELLA ) IFi~S G(~CL?~: ~+,-,,,, ~~ r "~ DOBARAN, husband and wife; ) HG~GC„~,.~.~„ C. r? and JOE DOBARAN, a single ) Fop.,,-~~„v '~• Y+ ,~.~ ,.., -.; man, r~ Defendants. ) T, a, -` ~.:;_ _ tt ~ y t• r.~~ ,• ~ f... T:iIS COURT on the 1lthday of April, 1989, having entered a Judgmeat adjudging that the Defendants have and recover from t:~e State of Idaho the sum of Fourteen Thousand Five Hundred Fift}•-One snd 86/100 Dollars ($14,551.86), including interest and costs of slli:; and the Plaintiff having fully satisfied said judgment; VOW THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED: --- 1. That the use to which the property condemned herein, and hereinafter described, will be put, to-wit, a public highway, is a public. use and authorized by law. SECOND JUD•~MENT.AND DECREE O? CONDEMNATIO*I - 1 .. r,~-~ -. ~, - _ 2:- -That the taking of the property an3 property rights ~'~..., condemned herein, and hereinafter described, is necessary to and for'?; the construction of that certain public highway known as State - Highway No .' S5, Project No. F-FR-3271(44) . - 3. That the hereinafterdescribed property and property t -, _ - rights~be,"and the same are condemned and taken by an3 for the use _ _ of the State.of.Idaho. - 4. That the property condemned and taken herein is situate - in Ada. County;-.State of Idaho, and is more particularly described as follows: ' See Exhibit "A" attached hereto and made a part hereof. 5. Plaintiff will construct, at its sole cost and expense, one 40-foot approach at Station 89+13.17 (easterly) side of Project F-FR-3271(44). 6. Plaintiff hereby grants to Defendants or their successors or assigns the right to construct in the future, for _, development purposes on the property, a right of access for a 60- foot wi de right-of-way for a 41-foot back-to-back of curb public street approach between 86+00 and 88+50. The cost of the construction of .this. approach shall be at the ex pense of Defendants or their successors or assigns. 7. -Plaintiff further y-rants to the Defendants or their successors or assigns the right to ciase the access points referred to in Paragraphs S and 6 of this Judgment and construct, i at its sole expense and cost, a right of access for a 60-foot wide right-of-way for a 41-foot back-to-back of curb approach between Stations 86+00 and 89+18. SECOND JUDGMEWT AND DECREE ~ . . RO, Ch PA' ST' At' Id: P.~ Bo: Te: THl JOI DAB I D: -v: JOI DOF a n< ma[ r J u< Sty anc sit: he: p u: SEi C_ r, ^ .+. a_1~7~ ~~b`~9,~~is t a~. ,' ?~-Y~a.+z ~t~'Yf' ~~y ~'„~...G' i 4'°~.fr~ "~' y'v7~y'-"sf fi ~X`'+l"'• ':,,° ~ '~:.~+~c.." " ~'c~yY.r z'~i,~k ~ Y ~" +e,N~ '?.yf,r'`~' : ~ x .. ~ '~.r~•~ - + r .p t" it ~C _ _ '.4`` ; . ~ °~ -.... ~'~ ~'8'x f.~,.. ,,.; ' -% 2 ., ~ c „+' _ :~ ~y ~y, ~ 8 The existing of tch _ t ,, ._ W 12foN di -rider app.oach located at x~~.. s~,~ . Station 85+54 Right ;., (easterly) shall bR. constructed. b i r _ ,.. -~ _ ~-~ ;.' ti , '° , ~ ' ~. _. :__ .:. y the Plaintiff -and at'its sole cost and ex nse< ~ ~ s`' ~, ,a - - _ F _ .`* ,L 4pe and shall .further be . -~, - .. _ F ~,~ ~" for the sole use of they: ditch company; If the pro ~` ,. ~ - ~ ,, ~; ,~ -._- party is -r :developed ~in the future -.fn-. such a manner,;. that the ditch. rider _ _ _ ~~ _~, _ __ ~: 3 ~ 'access. point atfStation 85+54 is no longer pECessary, :t shall be ~, ,~= ~- ~ removed ;; ~~~,,, ~~,.~ .. ,_ ,~. ~L _ 9. -All points of access, other-'than•.those'described••herein, - _ :. .., _ _ ~:~. .. '. .'. .. - -4~ '~ ~, between the.subjec~ property and.Eagle,.-Road._aze..extinquished. _ ~~ 10. That the fee-simple title to the hereinabove~•described \ Parcel No. 24 be" and ,the same is~'vested in the State of Idaho. ,•- _ .~ •, : ;. ^y . DATEt).thls ~~ day of April, 1989. ~ • ..; -.. ROS~R7 G. NrWHOUSE . - DISTRICT JUDGE ... ~_ _ . -COUNTY ~ _ ~,, _ OF FiDA 1 JOHM. eASTIO.~ c~~to~ rH~ o~., Cr ~ ~ , ; * '~ r C r ~• °TF7 CAF.RTOFT!~IEFOJRTH ~ JUFi'G~G! C:S-R?CT GF TH- sT::~= CF Ia.+1!?a. iN P.':0 FCP. THE ~~ 1 ... CD'JtdiY Oi~ iw ~ GO F:E~r : ~:.TSr; T1~.I.T T',i=_ FOncC01{'w IS A • -' o '- TRUalJ:DC~.~Ri:cCTC~FIfii!~Tt=ir.~.•.~!!tA!^.:eF'.•_t t n ~' z I~ ITr,.50'r. SCE, r' ' Iti t:ITiteai T~'!i'cP.cGF. J +4. hc.:cJE3TJ ScT i:7Y H:itJU O.i?'~ T.F- ~ ~ ~ ~ p '' RXcDf1iYOFFICl.LSN.TrIS~7=C:~CF 19.~`j,. -z ,., I c JOHN i~STI;,lt, CLEIitC ....-. ...~ ° ~ . e _ :" _ ;~ '" ~, ` _ ,_ - .. IW County. i:ono s RuK~ o! ~ .. _ TIrA'c ; - DATE ,~ JOHN r De,~ .. SECOND JUDGMENT AND DECREE ~-. .. . =~~ "1M -- ?_o;ect ao. :'-_R-3211(43) - _. ?atc_1 No. 23, Id. No. 31900 ~! -. 3zs No. 43.0 9A~C.L N0. ?; e~ pdr-°~ O. lar._ ~2i tae a5t_rl~ Sipe Cf tae Ce::terliae O. .'.C~d ZJdd, ?: J~2:: :10. --: i-3271(3;) Big: Wa-t $;:. , dy a3 SaOWZ •M1On th4 ~lanS taere:= noW on =:le in tse of:ice o: ~~e .t~aao Trans~or:3tion De~ar:- t seat, Ci isiJn o= =ic nays, and rei~g a aortion of tze :1:lzS:i3 of Sec- t°_on 9, .J:rzs::i? 3 Norta, Rarce l East, Sois= Me:ician, ~=esc_i:.ed as - follows, tJ-ait: - Bee :^ ._-:g a_ t:e North.+est corner of `.Me NSv3$«a of 8e__icn 9,,,~a.ras4ip -- 3 Nor_^, ~_-;~~1 East, Bois: Meridian; t eace =asterly alone tae Norta lice of said N-r35:.~s a di stancs` of 70.0 .% ;»_, acre cr less, tJ a aoint in a li.^.e :arall_1 W:_'1 a.^.d '/0.0 f°°= £LSte_lV frC:1 tie C°::Le=line dnG bea.s $OC_a a8°31'43°" a5t f_JGt $t3- lion 8?-53.11 of said Fagl2 Road, ?rode=: No. F-'R-3271(44) _cauay _ Sue~w; . taenca Souza 1°29'17" West along said zarallel line 413.50 fee= to a ooint is e ~ortaeriv line of tae tact o. la..d' a~s desc_i'Je~ by tae W_t_s a^3-°ouads Desc_iption of the excs?lion in tzat certain Warran~? Dee3 ca:e•3 aaril 23, 1407, recorder' Deca~be: 19, 1979 as I:strumeat No. 7963824 =ecards of ?.ca County, IBaho, Waich Nor_aeriy line is cozcc:- cent Wiyh t e Nortaerly line o? Lot 1 0= 31oc'.c 2 = Co~arc_ ?_r:c Sub- . division, ac=ordiac to tie plat t:^.ere fils~ is 300< 45 0'_ plats a= Daces 3731 a-~ 372?, recores of Au Cocaty, _::aho; taenca alo-c t::e i_regula= Nortaer.ly 1:.^.e o: said. tract o= land as Eollo:+s: So::~a 8;'19'57" West (shown o= recor~ to be South -8.°5l'12" west) 32.10 :eel to a property corner, Sou .'s 2.49'35' West (shown of cecor-_' to be Souta 1°21'1.8" West) 43.53 fee _, North 85.23'21" West r {g10wn CL record to 3e Norta 80'°41';8" West) 12.1# feet to tae cost westerly corner of said tract o:: land being a point in tae Easterly -- ci,at o: Way line o' esisti,.g Eagle Road a.zd bears South 88°31'43" East 25.0 f_e: from Station 8;=98.08 of said =_ighWay Survey; .. . :E^.C°. ~iCr as°3l'43" hest - 25.0 f_e= to d :Oi.^.t is to West li~_ Oi 131'.: Tiri aS:i+S; ,. taeace Nor_::erly along saic Wes:. line 4oJ.0 f_at, amore oc less, to .,_ ?L~C~ Q? 3~:ri:J~f=Vv. Eiy'»wa•~ Stac:on ~e=erenca: 8;T?8.03 tJ 89-53.17 ~„ T`:e aree above descrihe3 contains approxiaately 1.5'r21 acres, 0.828, acres o= ~:;:_ch .s ac!caoWleage3 to be a =or..:on of a public road. ~~ ^ P3~2 1 O. Z ?s_ce' ~c.-J,, .~. Na. 3.300 n -v ric-c c. az_~ ~_.rc< tc be - c°s=='z== t=° c~---J ~:~° tens=:~..=2~ is roe r======"=''! _..=~-°2= test: -_ ye ""'s=_.2 zs z ~oc:==ca=_On-c: z?:e:e=--' '_Z cesc__.e=- -- --... c= ---~ ~?°` ~~~° E352r_:_ COOGO L'~O[:, OCC"~V Z~C L'S2 z 5___ 0= i O ~> > - .. r__oa to V.._~w:-o. Section '.c• -- _ '-= ~. - ~S- _zs=, 3ovs2 :!2~ici ~-_ _ S' ~ -n- 3-=~== _', °- 85=2 Y e• OL ~.'`.e z.^.C'lo C°eC__..~~-C- O~ i:~_~: _~ CJ _..,._~2~_ 41C ya?= 1 ~..:. ~-Ji' D°'ie ~n `~? VO.'^ ~l y 1 -•e "° , - =^ (JC_.=_ V?~~V.v`Z~ CC~SC C: 7~~ LOn, e~ z_CJC.^.''t, ~ c::0 z^.y~-2 ~ =.i T - C ~ ..~e_ - COn$~_ ..C_ `^?'?~,^ za ;~OX-.,,a=21~J O.O-ri zC_25 ~J: '~8 AL`_7C5°_00= --_ t^ce~2c __. _ .. __ .z..or. ci_~.. a::~/cr pi~~--'= a^~ =a_ - a_ S. _.. .. ~°~__! ~C- Sz_.. Dll~?C °-E O ~C_8Sa 2_^•° _=255 .... ~~..... - se. e- tc z^ ?=ca ? c= 2 Roylance & Associates P.A. Engineers • Surveyors • Landplanners no~v tmerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 Project No. 1543 Annexation for Ronald Van Auker Properties The subject area for this annexation includes lots within Commerce Park and Olsen & Bush Industrial Park Subdivisions and various unplatted parcels located east of the Eagle Road (S. H. 55) north of Franklin Road. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City, and develop its property for various industrial, tech- nical, and educational uses. The current Ada County zoning for the property is M-1 Industrial District. The requested municipal zone designations include T E Technical District for a proposed public school site, and I-L Light Industrial District for the balance of the property. The property is includes 6.69 acres for industrial and 45.4 acres for technical/educational uses. the site is currently vacant. Surrounding land-uses found in the vicinity of the site includes aloes-intensity industrial uses to the south, with agricultural land located immediately to the north and east. The two industrial subdivisions are partially developed. The principal town center and commercial district for Meridian is located roughly 2 miles to the west of the property. Municipal utilities are currently being planned to be extended to the proximity of the site. Access to the I-L zoned land is provided by Lanark Drive and commercial Court, which are existing local commercial streets. Principal access to the T E zoned property shall be provided via the extension Pine Street to the east from Eagle Road. This facility is planned as a collector thoroughfares by the Year-2000 Functional Street Classification System-Urban Area. Traffic along this route is expected to be 11,500 vehicle trips-per- day by the year 2015. Use of Eagle Road is projected to expand from 10,000 vehicles per day in 1990 to 24,800 by the year 2015. The proposed density of development reflects the spirit and intent of the updated version of the C~ of Meridian Comprehensive Plan, which recommends primarily light industrial development for this area. The major portion of this property would be devoted to public education uses. The remainder would be planned for light industrial uses which would have access to a major arterial roadway via an industrial collector street. The volume of vehicular traffic found in this area should be sufficient to warrant the types of development proposed for this site. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. i a\ _ RONALD W. VAN AUKER .. June 14, 1994 .. City of Meridian Planning and Zoning Commission Attn: Shari Stiles, Planning Director "" 33 E. Idaho Avenue Meridian, ID 83642 ,., Re: Request For Annexation and Zone Change Dear Sirs, '^ The undersigned hereby requests annexation into the City of _ Meridian and a change of zoning as described in the Plan of Development accompanying this request for Block 2, E1/2 Lot 2 of the Commerce Park Subdivision, Lots 1, 2 and 3 in Block 1 of Olson and Bush Industrial Park and that portion of a parcel lying within the City of Meridian area of impact in the S1/2 Section 9, T 3 N, R 1 E, Ada County, Idaho as described in the deeds attached hereto Y and made a part hereof. ACKNOWLEDGMENT STATE OF Idaho ) ss: COUNTY OF Ada ) On the 14th day of June 1994, before me, a Notary Public in and for said State, personally appeared Ronald W. Van Auker , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that _he executed the same. My Commission Expires: o ry Public A ress: ~ / ~~~~~ T- :}•' •~: .. ,:. , ~ ^ ~~i S ~ ~~, iii '.;~ - A ' >~ a EED tit.':; It~DttJTURE, mado this~~7fiy gt Nttvt=rr~t3et' 1992,, botw+~~ • ~..'rIc-';)F tLAr t~~, UDC., an Idaho Corporation {'GRANTUR'j;: end apNAI.D W. V/•++ /•Ur E_lt a mar;; ~ nr_,rr as hIS solo and separate property, whose`eddress is P ~~ !~ _.~ to%7• ,f Caldv.• ~~• I.f >.ho 83606. ('GRAMEE'); :- :; ;.~: -.f W 1T NESSETH: ~ ~, ~~ Tho GRANTOR, for and in consideration d ~ ihA sum of Ten and ':o ' t rx?urs Qou<us, lawful rnonAy of the Unitud States of America; and othor good ter,: v<,:ua!,lo eons,deration, to it ~ in hand paid by the GRANTEE,;; the: receipt Nharc~u- ,s -~c~reby acArw.vledgcd, has .granted, bargained end sold, and by those presorts •ivt•S y,ant, barga,n, sell, cpnvey and eonlirm unto ,the GRANTEE, -and to his h~.• •~ t..r+ :[,nal rc•t~re5~.nlatrvtis, SuCCe55ors and assigns `torever;•. dq` tJl the 1011o.~•ing ~~:..:~..vr.] ~adl I;rr,l:crty si,uato in the County of Ada, State of Idaho; to•vlilt: Lets t, 2 and 3 in t3tock t of OISON ANO 'BUSFt~ INC 3TRIAL ~ ••"•~.. according to the Plat thereof, Tiled in Book 44 vt Plats at Pages 3~.5 • .,~u~ 3582: records of Ada County, Idaho, EXCEPTINC3 THEREFRr~~.~ ;•,.,~ portion conveyed to the State Ot tdaho.,by- Deeds recorded ,.~•~.!er -nstrurnr±nt Nos. 89t t864 and 8911865, w!>iCh tarter Deed was ~ ~e- recorded as (nstrumeni No. 8913352.. `.<:~ ;'. x. ` Ta, - liens; assessments, easements, Covenants, restrrcUOn~ .;nd easements of record or otherwise visible upon e. phytt»~al inspection, c+ t~~e property. `~!`r .~b.- ,,. ~: , TOGETHF_R WITH .all and singular the";tenements, hereda:a~~~_nts and appurtenances thereunto belonging or in anywise 8ppertairting; including ; ~~y and all v.ater rights, mineral rights, easements, rights-of•+rtray, ,and' all improver rr•~s located thereon; the roversion, and reversions, remainder":~,rtd `remainders, rents. ,:...es and prot,ts thereof; and all estate, right, title and intere~,.rk1: and:tt7 the said re~~ property, as wen in law as in equity, 01 the Bard GHANTOR.~~"~>• . E ", t0 NAVE AND TO HOLD alf and'srngu-at~yRe 9bOVe•descr;t;oC ~~~+~ ; ~:' ~erty, to-:ether with the appurtenances unto the .Said GRANTEE, :;and to his -~~ •~ r~c~~ >c ~a1 represcnlatives, successors and assigns tore~er. ' •' ` f- .. r ~ i ,., ;~ ~.: . ,. •. I. w. A. i` i . . c ~_ f.J t~ CL L ~,. .y ` ~:~,A .:K i }, WARRANTY GEED r1,1 , t,Y ~ ~ ~; _ ,,i. ~ ,. s < ^- ~ ,,,,~ • '~t` CO~ A h bRRANTY DIED 1 .,r•.. ~ 8911864 ~~, Project tio. F-FR-3271(44} ;_ Parcel No. 13, Id. No. 31895 Rey No..3250 ~' ~ . '°` IBIS ZtiDENTUR£, bade this ~ dey of ~, 15~ between ~•. LAYNE OP IDAHO, It7C., an Idaho Corporation duly ozganized and existing under the laws of the State o~ s ~ ) ,! , and having its pr:nci- oal office in Idaho at //~.,y~,~.~- in the County of 1~1~:.vr r Grantor, and the 8:A~ GF IDAHO, by and through the IDAHO TFA[TS?ORTA- TION %OAR7 for the ^IVISIO:: OF EIGIi:9AY5, 3311 Piest State Street, Boise, Idaho 8s703, :,rantee. WITJIESSETH: :~a*_ Grantor, hiving authorized the un@=rsi^yned officers by resolution duly passed by its Eoard of Directors to exe::ute a conveyance to Lhc .._._i:~aftc, .,_<_.:ibz~ _sn:?s, for ~-r9 :r, consi5. .ra- tion of One and too C::_ :~ur.9re;:chs (i.~~) Gc,ly.s, --.. *.a ,-_- _ whers.,_ is ~cknc.a'_= ,,, f.e_ g:_..___, ~er~-_ra^, __,. :..., coc:~_--~. _.... by these prasents :;oas gcar.t, bargsin, sail an9 covey unto tie ~~ra^:- ee, its succe~sor~ s:.? :,<-•si?r:> iore:~e: , in f~_ si-~-.~, t:~e fol ~~:::i n~ ~,_a=r :.,-_ real _°_--- togtt!:c. ait?~: .il :i; Ls of ,.rc_~.> ..=t,:c-~.a -ie ri;:. of ay of =,.: .,:i.i projs__ ::n. tn. r~..__n:n. :or._ ,.;:,,._ .___ prcrerty b~longin; to the oraator ~:zc~c:,t fo:: a=c~::s to .. -...-_.. :,,:_::, situate9 in t`e ~7_::y of ?,: _, 3.a t. of i_.:'~c, ....,.r.~_c .~ foils... , to-wit: A parcel o: land being on t+'e Fiesterly site of the centerline' '- of Eagle Road Project No. F-FR-3271(44) Hig'..,+ay Survey as shown en the plans thereof now on file in the oific~ of the Idaho trans?ortation G~partment, Division of Hiohways, anu being a portion of Lot 1 in Block 1 of Olson end Bush Indus- trial Park, according to the Official Plat th~recf, filed in Book 44 of Platy at Paye 3521 - 3582, records of F.da County, ''~*~- Idaho described as'follows, to-wit: Page 1 of 4 _ qrs k ~, (~ ~ IC~l,a,~r~e1 ,* ~j' r',r . ~;...5 } } ~~'~'t T. s".` _ .f rfw .a5 .~ ~: 1 ~ '~" i~ Y ~ '."'`CORPORATION SJARRANTY.DEED~' ~ ~i ,: yr f !'i. ~' ~~o~ ect} NO. F pR-3271.(44) .~ .Pa's el,.No.° 19, ~ Yd `l~To " 31895 , x .s`a'J f ,... C f H ~ .. ~ ~ r t i ~ - a'%~`~' Heginn;<ng~at: the Northeast corner of Lot 1 in Block 1 of raid ` ~O~son and Bush Industrial Park, Ada County, Idaho; ,Y.,~ ~~,thence Westerly along the North line of said Lot 1 a distance ''~-~`=' ~ ".~z~of''30.0 meet to a point in a lima parahlel :+itY. and 70.0 feet ~' ';Hesterly from the centarline any bea*_s North a3°32'03" :hest ~ ~. "~ ~,r:.:.'.. ,., ., ..;~.:,~from Station 74+04.79 of said Eagle Roa3 - Drojec*_ tio. a-t'R- "" `.''3271(44) fiighaay Survey; ~ F- ..;.. _ S~ thence South 1°27'57" :lest along slid parallel line 255.0: `~`y' ~. feet to a point opposite Station 71+49.75 of said 9ighaay "~' Survey; ,°„ thence North 88°?,2'03" Nest 105.10 feet to a poin*_ in the _,,, _ West line, of said Lot 1; thence Southerly along sjid 'v7est line 20.0 feet to tti~ ' Southw?st corner of said Lot 1; thence Easterly alon3 tnt• Sout:~ line of zsi~ Lot '. .: ..,.. -..._ of 119.98 f°_'et to a point of cun•ature of the ~o~.u,.c= _ r corner o: s3i:: Let 1 3ccn:9ing to ..._ ..ec:4e.. '?:.. ,. . thence in a t:orthe~stecly airection >long sai9 L:,t iine :,^ir.~ '° a 20.0 foot rs3iu<. ~u~ve left havi^.g J central ~n~;l~ o: 90°03'22' a Distance of 31.45 f>et to a point of t:ngrct o- ~+ tha East line o: sic; Lot 1; ther.c_ ::orth 0°•~_,,,:5° East :_`..,:: ;,. ,zcct. _o r;• .. .., ~. . 1 Said Eo SL line 254. aS fn t~. -~L7•~~'. 3EuIIi::I:~G. H13hwey _tatior. Ref~rErce: 71+2.. ib to i4 *G4.7~ The area eonvey~d by this instrument contains apprexin.=:tely ... 0.2523 aczea. Grantor conveys unto the Grantee the right to proiibi*. th= ^r°^- -V tion or construction of any buildings or structures ~:ccept irrigation :, or drainage structures within twenty E~et (20') of the reei property above described. ...r a. Pags 2 of 4 ~ ~ r +~~- x a ^x r~LZ r '" r K' ~~ ~~~.:~ ~ ; -•,~~ ;~'yG"~,' CORPORATIONWARRA2ZTY`~ DEED `'~ ti '~}~E,,,~+y ~~,~ ti ,+i "4~"i „~ `a'te' F, ~-~~.m ~ , r as tY tip" ~ ~-.~ ~}~~+r~yJPL~ ~ f 'i t~y,+~~ sae- ,~ ~ , ::. k , ~ PrO j ECt`jN0 ~F FR 3271 (,44•}~'.,~`!r`~ 4+Y'T-~j'* `, - ~awta~eL~NO 19, ~Id i%No'~31895' f" ~.~Key'zNo '"3250; i$,; ?{'`z' r~~ ~ ~h ~i ~ ~y-! ~ ^1..~f. ~I~..Sr - SLY ~.,,4it' ;It is 'expres§ly; intended ~ that these ~ covenants; ~ burdens and ~~ restrictions shall run with the land and shall forever bin9 the Grantor '~ ~_ its successors and assigns. - ~° :,; ~~' ~ TO SAVE ACID TO SOLD the sai3 premises, with its appurtenances, `~ "r unto the said Grantee any its successors and assigns forever. And the .~ Grantor does hereby covenant to and with :hs Grantee, that it is the owner in fee simple of said premises; chat i* is free from all encumbrances and that it will warrant and defend same from all lawful ... claims whatsoever. IU .]iT2+ESS i7S~:2aOF, _t~e Grantor has _su~ed its co:~v:at~ n,rt:e . be hsc•~un:.o subscribs9 by its ~/~F_ Presi~snc gin:; its COCpOratE seal to b~ :fixso by its ~_~retary, in ~ursuanc= to said resolution,~the ray aid year first ab_:~s .+ritten. ...."~S. ~'~- //~r/..-Q~-~!' GRY:... 7F IDA};~, I;:~ an ;c3ho ~ _ i , / Gorpocation. (titls ~. ~ .Ltd .T~s~! (title) -- Paps 3 of 4 H~ ~~ ~ ~ t.-`: ~ ~ ~ - COHFORATION .i~TARRAt:TY TEED '••,., r.~~ r.. ~,, Project No. F-FR-327i(44) ' ` .~~ Parcel No. 19, I9. No. 31895 ~; 't.;,y;~'; Key ao. 3250 ,.; ~ .t, SiATa Jr' ) ss. "',: ~ay ) ~;;; County of before ne, `-~° ~ 133 9 . u ::~: r ~-t r : '~ .~. ~ ~: ~ ~ . , . . _Y oz ;:r. this .i.' ~ _~ir. sai3 3tat^, :,ersona'__y ~ . :3otary Publi. in ~_~r ,, . 3 =- , , a nn3ersi~ne ~ / ~ / ..~ an3 ~~~^•'U{'.c,~. ^e ~~~:i ~~~`u:~-~{l•• t strc- ir !i ~ ° ^ ' ^ .+. .. . t.. c_ g ~.._ _o:~e oi. ;cno:%n to m 9 >tion T•nicn execute8 ~ crcr ° ' _ f aa c -- t o_ >>~ res~~ctiv__:, owle~?Pd to^.._ that said corporation executed th= saw ' r,n meat, an3 zc v ;;;;EnE~c, I hzve h•zreunto set my hind an3 affixed ny t abo•~a writte II7 idl3't7E~5 this certificate fir i n. '-~ s n official seal t:~e dyY and Yezr ~+ _ ' CG:7- . ~~~' .. fi u .... ~. .... Paoe 4 of 4 Ada Counq ~~a^o .e Rrauac' o~ GATT ~ '~ c.~.~i_ JO!'.''v 9tiTiDA _c REC'~p~~E•t ono,.:; r ~C~ ~I , .~ ~~ R .n .., ~ . _ _ ~~ .~. • •. Re-reForded.to correct legal description. 4v . .a_.,. .L?. ~ QUITCLAIM DEED ~. ~B6J 'q= Project N,o ~~F~3 G7,1C~(44 ) ~ "' Parcel No. 19 Rey No. 3250 , `~ • THIS INDENTURE, Made this day of J~?~ ~' ~ 1~-.~-.' between RONALD W. VANAURER as his sole and separate prop;r~y, Grantor, • and the STATE OF IDAHO, by and through the IDAHO TRANSPORTATION BOARD ~` for the DIVISION OF HIGHWAYS, 3311 West State Street, Boise, Idaho '. 83703, Grantee. ~` WITNESSETH: That the Grantor, for and in consideration of Cne and ,.+ No One Hundredths Dollars (51.00), paid to him, receipt whereof is acknowledged, does by these presents grant, remise, release, convey and ... forever QUITCLAIM, unto the Grantee, its successors and assigns, all present tight, title and interest, and ail right, title and interest + that hereinafter may be a^gui:ed by the Grantor in and to *_hat ~ert~in ~ of together with all right= lot, niece or parcel of lard, situate, access between th> tight of way of the said project and the remaining ... f contiguous real property b_longing to the Grantor except for: access to Landark Street, situated in tre County c: Aga, State of Idaho, '~ described as follows, to-wit: A parcel of land being on :.he Westerly side of the centerline Y of Eagle Road Project No. F-FR-3271(44) Highway Survey as t ,.. shown on the plans thereof now on file in t:,e office of the Idaho Transportation Department, Division of Highways, and r ~ being a portion of Lot 1 in Block 1 of Olson and Bush Indus- trial Park, according to the Official Plat thezevf, filed in Book 44 of Plats at page 3581 - 3582, records of Ada Ccunty, ,~ Idaho described as follows, to-wit: Beginning at the Northeast corner of Lot 1 in Block 1 of -- Olson and Bush Industrial Park, according to said recorded plat thereof; .. thence Westerly c~tong the North line of said Lot 1, a dis- 70n0efeet3Westerly f~om thencenterlineeandrbears Northar , .. Page 1 of 3 ,~ y rw ~ QIIITCI:i~>DEED _ b eye Ito aF=FR 32~1,(~4),~~kx ~` '' ~ ~.. C.a . ,y h at K ~ ~ 1 yA X25 W r;: s" ~68,~ 32'O3.'~'West" fron'Station -74+04:79 of said Eagle Road = ~a r '~"~,~ ,~Yroject+.No ~F-FR 3271(44) Sighway Surveys •~ ~;, ~ ~ `•., ithence South l°27'57' West'along said parallel line 255.03 .; ;.~ ,;'~w;feeG to a point opposite Station 71+49.76 of said Bighway ti ~z ~~~ thence North 88°32'03" West 105.lOfeet to a point in the west ~"-•:~:>;-` =line'of said Lot is '' ~ thence Southerly along said West line 20.0 feet to~the ~.` y - Southwest corner of said Lot 1; thence Easterly along said South line 119.98 feet, to a point of curvature of the Southeast corner of said Lot 1 according to the recorded plat thereofs thence in a Northeasterly direction along said Lot line being a 20.0 foot radius curve left having a central angle of 90°03'22° a distance of 31.45 feet to a pint of tangent on the East line of said Lot 1; East)ealonghsaid2East line 254 98 feetetortheoPLACEoOFh 0°55' BEGINNING. Highway Station Reference: 71+29.76 to 74+04.79 The area conveyed by this instrument contains approximately 0.2523 acres. % Grantor conveys unto the Grantee the right to prohibit the erec- ~/ tion or constzuction of any buildings or structures except irrigation ,~ or drainage structures within twenty feet (20') of the real pruperty ,.above described. It is expressly intended that these covenants, bucdens and restric`.iona shall run with the lend and shall forever bind the grantor his heirs and assigns. TOGETHER with all and singular the tenements, hereditaments and appurtenances theceunto belonging or in anywise appertaining, the Page 2 of 3 _ ~ ,^ .. e. _'4w` . +~x~v ~ Z ~ ~~+„~~ar,~./hM+~Rl :~ 1 ~ t~r'~Fhy^YS~'~!~a~?"'Zj~ J d fi .'~'o''r4i, i"~ l _ ,~~"~ 'r a ,,. av~ „yfu.~C~r f ~ r ,~ •T ~ ~iyt{'FC J ~ 1 R :r - ~ -. QDITCLAIM DEED ' ' ~ r r"' ~'" n ra ~ ~: may; •~. - ,,,r '' ::~ Project No. F-FR-3271(94) • +J C ~` `•- `Rey No. 3250 T~ .';: ', y ~.. ,.., reversion and reversions, remainder and remainders, rents, issues an `.4,~. . ?,,;; : profits thereof. r. ~ TO HAVE AND TO HOLD, all and singular the said premises, together with the appurtenances, unto the Grantee, its successors and assigns forever. -• IN WITNESS WHEREOF, Grantor have hereunto set his hand and seal the day and year first above written. ` ~~ ~ ~ ALD W. 'IANAURER ... STATE OF '-)-~~ry-..~0 ~ ss. r County of ~~~~ ) `~~ day of ~~+-~" . 198, before me. theD_ared On this rsonally ap_° undersigned, a Notary Public in and for sail State, ge ,.. RONALD W. VAN AURER, known to me to be the person whose namr is sub- scribed to the foregoing instrument, and acknow?.edged to me that he executed the same. . IN WITNESS WHEREOF, I have hereunto set my hand and of°_ixed my and year in t~-c°~`• -cate f' t above written. .... ~:' official seal the day '~`+~ -~~~~-~~ ~+•'-'' ~- Notary Public for ?_D,vdo c; :. '3rsst 'L'D~o ,,,~ : ~ ' <;~~~ ~? ~. ; `~''_ ~ ~ Ads CwT+M. te.no, a Residing a t A ;,'..- ,,y ? r ; le.ou.at~t My commissior expires ~1 3 'L ' „ ~., 0 C : ,~ ; STEWART TITLE ~~_~~ . ~~'• ~ ~ ~` ~ ~ .' TIME II 'Ov~ M '~. 1 .:'-...... "~~' ~ DATE ~ ~ Ada County IMho ~ ~. .. r F `, JDHN TI~A Reouse d TIT+ $TE'N~A-R-'•7- E ' E E TIME d •`'ivR µ' n /%7y ~-y~ f~ DeOr+tT ~" ~ GATE 3~'7 v7 ~I(J JCHY 6/.ST1^A i Page 3 of 3 ~~~~~~~~ E r1c~-~k Je'_t+ ... n . ~ .> ,. ,, . _. _ ~~ ~: 1:30(3(!1~J39 :: QIIITCLAIIS DEED xsls DEBD, wade the i ~~ daY of 'i 1994, BY and Between GlD and R Partners an Idaho General Parts rshio •, those cnrrent~ r~~Rs ...,~ ... ____. ~.~.. ~e 3701 .hereinafter refer A~ Rona d U. van ~wxer a .~.+~.. -~-~ ------- - P.~, whose curr~t address is 3084 East Lanark Meridian Idaho 83642 , hereinafter referred to as GRANTEE: WITNESSEfH, that the Grantor, for and in consideration of One Hundred Dollars and other good and valuable consideration, the receipt of which is hereby aclmowledged, does hereby CONVEY, RELEASE, REMISE and FOREVER QUITCLAIM unto the Grantee, the follorinq described real property located in the County of Ada , the State of Idaho ,more particularly described as follows: E 1/2 of Lot 2, Block 1, Commerce Park Subdivision Located in the SW1/4 of Section 9, T 3 N, R i £, B.M., Ada County, Iaaho Also Described As: A tract of land situated in the Southwest 1/4 of Sect: or. 9. Toansh:p ? North, Range 1 East, Boise-Meridian,-Ada .County, Idahc also being the E 1!2 of ppr,k2,451ofkpl is at~page 3721 ard13T22~nrecordsoofeAdauCounty,onidanollmore particularly described as follows: Commencing at the Section Corner common to Sections 8.9.'6 and I7, I. N., R. 1 E., B.M.; thence North a distance of 1298.53 feet alouc tae Section Lire common to Sections 8 and 9; thence South 89 degrees 56 minutes ?G se%on~s -:ast a distance of 25 feet to a 5/8' iron pin on the North Right-cf-gay Lire of tae Unien Pacific Rail Road; thence continuing South 89 degrees 5o :r:nutes ?L seccr:ds Easz a distance of 680.75 feet along said Right-of-way berrg t!:e South Lire o: said Subdivisions to the midpoint of the South Line of Lot Z, said pent being the REAL POINT OF BEGINNING. thence Korth 00 degrees 00 minutes 00 seconds East a distance ~: ~~4.98 fee: along the Centez Line of Lot 2 to the midpoint of the North re of said Lot 2; thence Korth 89 degrees 56 ainutes 24 seconds EanL be angttre tic theastCOerrer along the North Line of Lot 2 to a point, said poi of said Lot 2; thence South 00 degrees 00 minutes 00 seconds Easi a distance c: 45x•9'' ``_eet along the East line of Lot 2 to a point on the North Right-of-way Lane of ire Iinion Pacific Rail Road, said point being the Southeast corner of said Lot -, thence Korth 89 degrees 56 minutes 30 seconds West a distance of 242.OC feet along said North Right-of-Way Line and the South Line of said Lot ~ to :ts midpo:nt, said point being the REAL POINT OF BEGINNING. The above described tract contains 2.525 acres. more e. :ess. snbjer_t to all existing easements and rights-cf-::ay. '~•• SIIBJECT T0, that certain Deed of Trust dated the 13t_i day zatior.C Beneficiary. by and hetween G/D and R Partaers, Grantor and Thometz Corpo recorded ds instrument no. 94008961 in the records of Ada County, Idaho. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the ;::Grantee, and Grantee's heirs, and assigns forever. day of , t ~ 1994. tiITNESSETH our hands and seals this _'~1 ~ `- . i~~ i ~ ~-----__ _; General Partnez my. ~ ah DuW ine Emmons, General Part'. i ~d W. Van Auker, Genet Partner ` 5~ j-. :~ ~~~ ~ ~w r „•.. ':} I I ~~ :,~~ ~;, -~~..` , - ` ~ x ... , . - .. . ~; ,. ~ .. ,;._ -_Partnership ~AtFo '`°'~'"~"` ~' State of ."w , / ,. . Camty Of (1.1F-.f~d ~ ; 88. r;r+. i .r " r ; On this /' ~ day of t1 O~~ ~ 1994, before se, the ~ y . ~;, _;:ond ignedst.,~~a Notary Public Sa and for said State, personally appeared ; oe im P,2 known or identified to aB to be aie of the panne s in the paztnerabip of G/D and R Partners. an Idaho General Partnership '~ and tlNa partner xho sO~cribed said partnesship's Haas to the foregoing , instrument, and acknowledged to ae that he e:ecate!d the same in said _ - partnership Haas. // .. "` ' •.. Sig>ature• - c......c- ..c._ ~!~:: , ... ` S. ~.,_ ~'_ Name- ~/uN,v~ S /~,L~ , • .~~i1~~~ •Y ` ;. - ~ Residing at• ~A"~cI.~P ~~ Sn .... •• PU 9 1~~~ " My co~anission expires: //~ r. 4CKNOWLEDGEMENT-Partnership " State of ~~/a.T~ ) .~ ss. County of AC7rCL ) On thte ~.~~ day of ~~ ~ 1994, before me, the pp dens!~ned, a Notary Public in and or said State, personally appeared ,CPnn~tl, ~i~,~csiy~.i.rlstJ known or identified to me to be one of the "" partners in the partnership of G/D and R Partners, an Idaho General Partnership and the partner rho subscribed said partnership's name to the foregoing sane:,,:. _ instrument, and acknowledged to me that he executed the same in said partnership name. /~~ -:'`:.:c` f ; ;` ~ ~ : <' ~ Signature: ~Qti.c C > ~i~ -- .. > • _ _ Name: ~a.~~r L, ~/r~zei :o " ~ . ' Residing at: iJP ~ ~ ______ ,~ " • .., . _ ", 1'!y COmml RRi AP PxplTP$: ACKNOWLEDGEMENT-Partnership State of IDAF?0 ) ) ss. Countq of ADA ) On this 11th 'day of APRIL 1994, before me, the undersigned, a Notary Publie in and for said Mate, personally appeared 801IALD W. VAN AUKER known or identified to me to be one_ of the partners in the partnership of G/D ana R Partners. an Idaho General Partnership and the partner xho subscribed said partnership's name to the foregoing instrument, and acknowledged to me that he executed the same in said partnership name. • ,. Signature - Name- ULLEE D. hOLF.. ,T:-.i, c Residing at: NAMPA, IDAHO __..____ ~. , . .. ••`. •.~• t!y corunission expires: 07/21/98 __ ___ r- ,~. idAR.WFir'TY 'HEED . ~i :s Ir~DErrT<J~~, ;;,ade this ~_.~-~-~Y. of~f~.~! ' `=---' l n ~ 3 ~ b~ tureen COOK Ily-`; ESTbiE*ETS SERVICf.S C0~' I%:aho corfloration, the "vRANTOst~. '~ ~ w t '~' •~--; a ma-r;ed nan dealing with hia sobs and s°Pa=ate ?"~~nr:.•.~, w?,ose z:ddress is 351 rleadaw'Land Dti~re,. Mezidian, ?~=ah~ F~642, tine "GR.'~N'1rE": 1dITN£SSETHs; FrR GOOD ArD SUFFICIE23T CONSIDEI2AT7~-N, *hc r`".`.= E't rf which is hereby ackrowledg~d," the GRANTOR does her~•i,J ar.3 confirm to the . ~:-'`-:~ grant, bargain, sell, convey,. the following .described real 'property: situated ir. t-•- County of Ada, State of Idaho, to w#t: SEE EXHIBIT °A° ATTACHED.BERE2'O AND MADE APART NSREOF•(2 pages) TOGETFi~R with .all and singular-the 'buildings, str,:c*_;ares, imp_ovements,,tenements, hereditaments-and appurt~~:~,~nces ..^~ t'.iereunto belonging or in anywise appertaining, reversion and reversions, remainder. and; remainders, rents, issues and profits thereof; SL'BJEC ~ TO:. 1. General taxes for, the'year`';I983 which arm a lien but not yet due and payable. 2. Unpatented mining claima;~reservatiens or e~:cep- tions in patents or in Acts yuthorizing the issu.zr._e thereof; water rights, and claims:-or:title to water. 3. Liens, levies and as~essmen_s of the NA:d?:':- MERIGiAN Irrigation District, and :.the rights, powers and easements of said District as by' iaw .provided . P:o delinquencies appear of record in the office of the i,c3a county Recorder: : - n ~ ... .. .- r. .~ :~ ~ ~ 4, Lien, l.evics and assessment:-of ttie .~:L:. Irri•^ation District, and tha rights,"pbt~eL'i an8 eas~~- n:ents a' sa• i ,D.istrict a~ by ].aw grovic~ed. Ns deli::- ...... quen ies appcs~~;of record in tht office C~-tbe Ada ~~ - • - Reccrc'ar. ~ _ --: ' S. Reservation of'ifty percent f50l~ of all c~in~ral, oil and gas in or under the`arithih c3escriV=~~? real estate, as reserved in they deed f=one the FEDEpt~f. LAND BANK OF SPdRANE tc JOFIN MIRRLEIDSR : ahd Ih18Y - MITTLEZDER, husband and wife,'',recordedAprii 2, 1947, in ~3ook 305 of Dee3s at Page .372,. records of`Ada County. Idaho. Said interest is no~t'~be3d b9 JTR, I*.~ • , forr:erly NEOUN2'AIN STATES WHOLESALE CO:r an..2dahc ccr.p^- ration, transferred by Quitclaiat Deed`:records=d Febr•.:~r•.~ 20, 1974 , as . Instruanent No. 875220.'records. of *~'a - County, Idaho 6. Ditch. road and public utility„.e+tsement:~ as the same may exi t over said premises.,• 7. Right-of-way for ;.EZ•Tt,EF.S CAPAL sad the r: "ats of accsss *_hereio for maintenance oti~aid:.canal. 8. water ~ Agreament among COOK ~ZNVES'1'"'IENTS SEFti•ICF.S CODlPA!JY, ITIC.~ an Idaho cOtporatiOa,'•.BupPr~ an3 JOH2: F. ,~ DOBAF.AN and ARVELLA L. DOBARAN'' hnsbaad and wife, and JOE DoBARACt, a. single man, Sellers,.:*ecorded January il, ~; 1982, as Instrpment No. 8200909, reaotd of :Ada County, Idahu. }. 9. Terms, conditions and reRezvations containe~3 ' in P;asertrent for utili}y, irrigatfon'arid drainage from - JOFth' F. DOBARAN, ARVr^.LLA L. DOBARA,I"anc~ JOE DGBARAF, to COOK INVESTMENTS SERVICES COMPANY, INCA, an Idaho corporation, recorded January 11, ?gg2', as Instrumen* No. 8200910, records of Ada Caw-*y._Zdeho. TO HAVE AND TO HOLD said .premises unto the GRA2ITEE, its successors and ass'-gns forever.. The GRANTOR covenants w~.th the"GRJiNTEE, its success- ors and assigns, that the GRANTEE sha1.I enjoy the quiet and peaceful possession of said premises; `that the GRANTOR is lnirfLlly seized of:..said preYOises::in fee simple, t- except as set~.'forth~above; that `the.iGRANOR warrants that tae title to said premises is merchantable and is _- ~, free from a11,. liens' and encutahranoesr'exdepting those to which this conveyance is~exo'ress2y made subject, and those WARRA*7TY DEED . - 2 ::. tl ~.~_ ..~~ i:. .. ~. ... ... ... .~ .. .. ~-,,=an, suffered ar aor:e by tli~e GRAE;,and that ' ~ " will M-arratit :and defend. the samrt .frt~oeit all other ? _,:~ ~.2 clai^~s whatsoever. 7- The current address of the G~ is: ,. 3521 MeaBaw Laa!! Dove' ~~_ i. Meridian, 3daho 83642 IN id2TN$SS 1+iHEPEOF, this t~a~reutp Deed has ~:c-^n duly executed by and on behalf a# the GRANTOR, tin day. and year 3serein first abaivet written. i, Y' COOR IliVESTMEpTS SERVI=rS QOSPl1N7C, I NC . (~,}~ ; . By l~aii """' r ,: STATE OF CALIFORNIA ) ss - COUNTY OF' SAN FRANCISCO On this s~ day oi~~~1 /I!/~ 1983, before r..e, a Notary Pub iI`c ~n and .forasai $t'te personallyappeared CAREY ORR COOK, known to me to be ,.the President of COOK INV:;STMENTS SERVICES COM.PANY,:INC. as Idaho corporat2on, the corporation that executed the 'within instrument, and acknowledged to me that they executed the same for and on behalf;, of said corporat3.on. IN W?TNESS WHEREOF, I have'hereta-to set my hand and affixed my official seal:the dap;:and year in this certifi- cate first .above written.' ;,, ,~ Rio ~~.~ __ I~IOTARY USLIC FOR - ~ xtes'idoh+ce s ~ ~4~X.~SvJ CG `Z ~ > ~~`FI~A C~ ~. stt ~°~t~~;O+PM,~ L ,. ~_ . ~ ~. ... .~ r rr 3 i - _ ~ w ~w ~ .."~ - - - _ -;: L:tFIIBIT ri ~ ; ;;: fA~:L Z n.~. ~ ,> ~: ,, • A rvrc~l of 1.1a~3 3n :ae South one-baYf vi~~ _~. 'i'acm~ni~ 3 .:art.i, ?ar1y. 1 :.ast, ssoi~o ::eridiatl, .4:a: Cotutt~, 2:la2so, ~` taoza ~,articala: ~ v :iescrired as follows: ~; : G~encinq at an ifcn rod uarkinq ; tho ona~Twtrte-r> oozner cor..:~oa LO : et bons 9 arui I"lr Zb~wnsbiy~,;; 3 1~tha Range 1 Last, noise i~teridiant . t2lenca . :~outa 39' I J • 09" ule~t 25.00 fQat t0 an .~tas~ t+Od °tiri fife Wes t ~ ri J:~t-cf-way liAS of s county so..a~ ~. haeCe ~tloaq said rieis~-of-way t .SOLltt1 1.03'34" i:ast.6~.~0 feet tfl' tha T~`POIAT' OF aE.~:ilii::~i. t[1CZCC j, 503ith b9•10•'~9" acct 93650 fc3et t0 a ~viat; ;tblslCe South 1•U3' 3d" L'a3t' 130.00 fast to "a ~oitit= ?-'thence .r,outll 0y•1Q'99" :~i©st x08.52 fclet to a ooinrk= ' t21g1ca South 1.0 3' 3 4 " L•atst 972.93 fcefi to a Qoiuf >; thence 5outt: 39.56.24" East 60.40 feet to a :oisttt ~ ttleace ~u:h 1•v3' 3-i" zast 200. ao teat to a roi.At'on,:'the :forth riu:lt-of-Way line of the Union Pacitic~ailroari; tnLnc~• iiony 'nod fight-af-way Souta U9''Sa'.~" :yattt i,33•~.,t~ ~~~t ro .~.:aroa.z~t oa tiro oast ri,•.:t-of-R:n,; lzlc3 c~_° A !c.'ounty rt~aT thCnca :.~_av.r.~ acid railrosd right-of-gray, and oont~tiuinq along said co•,1nty roal tigat-of-Mray _ ~+iortt: 1 •U 3' 34 " -lestt 1, 324.62 feet to ttls TR~3E.,2>OIt,'T Or bLGI:.aI,:G. ~, 1' ~ TOG~T2:L'^ 'r; ITi' a ~'~t^etval non-axrlusive ~~utility . easement ovar t.~e .oliowin uescris~ed z: -- g YrO~art}' fur the ~•11r~05.~ O ~.lacinc, ~ainrzinirg, reF.airiag, ropl3ritiq. s~odif; ink, ar r~~saovin~ file utilitl , irrigstion~ at~d drsinsga ,13nee ~d e.;uirtent located;: tharecn or tzei~u~War..x ~ , { :+ parcel of land in the South one-half` of ~3oction 9, Tow-nsl:i~ 3 i:ortn, :tangs l Tract, poise aaridian, Ada EOtvtty, Ic3ailo, more i~articularly' descrited as fbllows:~: - _ ~~ 15. L 0 foot trig' of land ~reses'v+e<i far ^ public utilities, irrir,•stioa, aald drainage case>:1ertsl= adjac.±slt to and alunct the aoaterl;~: ririltro~-any- of a T county road from a Dint w:~ioti !bears :outu ;; 7 °l~J' ~^, y" :Testdi. ~)0 feet 'from tho one-~`:aart;:r corner ~;UIId.gL tU Si~a~i?Its '~ w1Zd .:L, ~•~C~b71:3~t~.?~ s stiQr{:a, R3=S~';e i ::srt, : ci:,c >SleSi~lisZ1, to .z :1.oinL otttsaic~' right-of-wav ;outrl 1°J3' 3~:" ~at 6J. 00 fC2t. i;::C~.FT farm FAF.CF:L 2 file -ollowitlet: ,~ ,,,,~ ... _ r i .. ~` A parcel of land in tlia South one-half of section 9, :'cv:~sti<_^ 3 :~°orth, Rance l~ Esst, Boise aoridian, Adt County, Zda~o, mdse I:articula.rly described as followss- -` Corarencing at an'~ iron zod markissg ' t:~a oAes-ruarter coz: _ r coau^on to Sections 9 cad 10, Township 3: ~tortla, Raac;e i ': ~z _, Boise ~.eridian; !thence Sout23 S9.10' 09°. i~Test 2.00 feot to as iron-rod oa tho :~:~,st riSnt-c+f-way line of a couezty -road:. thence aloz, :~,iid ri?:~t-o f-way South 1.03.34• East 60.00 feett thes-etu-tvrlher . South 1°03'3G" East along; ca© same w•est..2ishtrot-wny lir.;, v: "' a county road an additional .1.324.'52 faESt Loa F+csi::t ~a tye i:ortn =igttt-of-i+ay line o!, the tTnion Pac~.fic Rsilrozci to the TRiJE POL':T OF HEGL'iNI::G? thence South 3°'S6' 24• t~•est along the north riShtrof-stay lire o: "' the Union Pacific Railroad. 660.00 teat to a rout : t:zcrc` ~,i+brth 1.03.34' Mast along a line , paralls~l to ' t2~e :Vest ri~htwfwag, Iino of a county road,:boretofose desc: _i;e~i 650.00 foot to a point; Chance -^ South S3•>6.24" izast alanq a line ~aral2ei bo t.1e ::orca ricrt-of-way of tbo L'nioa Pacific iiailrosd 664.00 f ec t to a poistt oA a county road t '- ~ tbtatce Sout.'s 1•i73' 34 • S;aat along same wresterly<` right-ol-way 6 6 0.0 0 f aet to tho TRUE POZt#T OF ~GI:OfING. } .' "- ~ i. -- L s.~. ti, ... _ ..~ .,~ ~, ,4j _~ ,~ ~ , Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 Project No. 1543 Annexation for Oren 8~ Carmen Mayes The subject area for this annexation is an unplatted parcel occupying the north side of Franklin Road east of Eagle Road. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City of Meridian, and develop its property for various commercial and light industrial uses. The current Ada County zoning for the property is RT Rural Transition. The requested municipal zone designations includes C-G General Commercial for the south 11.0-acre portion of the property along Franklin Road, with I-L Light Industrial for the 30.6-acres located along the northern portion of the site bordering the Union Pacific Railroad. The property is 41.60 acres in size, and is currently used in agriculture. Surrounding land-uses found in the vicinity of the site includes slow-density residential development (Montvue Park Subdivision) to the southwest, with agricultural land located immediately to the north and east. The Union Pacific Railroad borders the site to the north. The principal town center and commercial district for Meridian is located roughly 2 miles to the west of the property. Municipal utilities are currently being planned to be extended to the proximity of the site. Principal access shall be provided via Franklin Road, which is classified as a principal arterial thoroughfare by the Year-2000 Functional Street Classification System-Urban Area. The most recent traffic count along this road (1990) was 6,500 vehicles-per-day. Traffic along this route is expected to expand to 27,800 vehicle trips-per-day by the year 2015. It is the position of the applicant that combination of commercial and industrial uses of the property is compatible with the spirit and intent of the updated version of the C~ of Meridian Comprehensive Plan, which recommends primarily light industrial develop- ment for this area. The property lies between a major arterial roadway, Franklin Road, and a Class I railroad. Access to the west to Eagle Road would be provided by the extension of Lanark Drive into the property. The volume of vehicular traffic found in this area is sufficient to warrant the types of development proposed for this site. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance ~ Associates, P. A. at 208/336-7390. .~ ~ OREN C. MAYES AND CARMEN J. MAYES June 14, 1994 City of Meridian Planning and Zoning Commission Attn: Shari Stiles, Planning Director 33 E. Idaho Avenue Meridian, ID 83642 .., Re: Request For Annexation and Zone Change Dear Sirs, `"' The undersigned, as Option Holder on the Oren C. Mayes and Carmen J. Mayes property described as part of S1/2SW1/4, Section 9, T 3 r N, R 1 E, as described in the deed attached hereto and made a part -- hereof, with the consent thereof, hereby requests annexation into the City of Meridian and a change of zoning as described in the \ Plan of Development accompanying this request. STATE OF Idaho ) ss: COUNTY OF Ada ) On the 14th day of June 1994, before me, a Notary Public in and for said State, personally appeared Ronald W. Van Auker , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that _he executed the same. My Commission Expires: ~-v~-y~ N tary Publi ddress: ~~ ,~x~ ACKNOWLEDGMENT ~® REAL ESTATE PUR,+o"`QSE AND SALE AGREEMENT AND RECEIPT FOREST MONEY ~ NS ON THE REVERSE SIDE t 2 THIS IS A LEGALLY BINDING CONTRI eAD THE ENTIRE DOCUMENT, INCLUDING THE GENERAL PRINTED AND ANY ATTACHMENTS, CARET . .!, BEFORE SIGNING. IF YOU HAVE ANY QUESTN)NS, CONSULT YOUR . ANEY BEFORE SIGNING. ~ 3 1. IMPORTANT -AGENCY DISCLOSURE. AI~l~a,~arra y1g This agreement the agent working with the buyer represented $tl}rei d JE:J.1C L Each party signing tllis doaanent eoMkms that prior wri8en dscbswe d 4 S . and Me agent working wink MB saner represente was provided b ItYMler in nds transaction. Each perry ro atis Irearsaclion has read and urtderslerMs the contents d the agency rrisdostwe brodane previousry recehred. enc a 8 y g ~ ~# X46674 /VI eR~47,•/LT ~r«e - - ~ 1 ale Januesi 29 ig 94 RONALD R. VAN AITit>Ot;'s'~i[' , b~e e 7 (herekralter 1 reel b a~aqp Itre urMer~pned 811er agrees to sea Ih0 Idlpwng d95t re estate hereinafter n4 b 83'premises' Ca*mron~ 8 OL 1188 C ~ 9 till 6S 4U HCLISa 1BOi AB L known as Ctty of County of .Idaho. k9auY desaibod as: p t~ LO t A[tnC~~ t2 (A FULL AND COMPLETE LEGAL DESCRIPTION MUST BE INSERTED OR ATTACHED PRIOR TO EXECUTION BY SELLER. Buyer hereby atrnanzes broker bNs~rl over f 3 his signature the toned legal desenpnon of are premises n unavaNabk at the Time of sigrfirg, or ro coned the te9d description prevbusry entered n erroneous or kaomplets.) 14 2. EARNEST MONEY. TEN TFIOUSAND and tto/100-- ddlars t6 16 (a) Buyer hereby d rk as earnest money and a receipt k hereby ackrxwrledged d IS T O _ non _ nl~ ) by: ^ Cash $] Personal Check ^Cashiers Check ^ Nde Due ^ a f 7 (b) Earnest Money ro be deposited in Trost aCComl upon aaePtarae DY an parties and span be held by: ^Llslkg Broker Bening Broker ^Othor 1B Tor the bece1N d the parties hereto, and _; jyla A_ Cohhs (Broken t9 Shan hdd the t«npktery execufee brokei s copy of this agreement and is responsible for the ebsing. ' ~ ~ (c) 11 an conditions have Deer met by Buyer. Buyer and Culler agree that the earnest money (less aedd report tees, and arty other Buyer's costs) Shan ba rekmded to Buyer 21 in the even) Buyer Or Seller tanrg1 s5uUrrymn le Ih0 sale dUB to circumstances beyond Ihek tonlyd. ~ '• SeCLi1LY TNIe Comparry span provide liae pulley and prcaminary report of cornrnilrrrertt 22 23 (d) The parties agree That and the 'ckrstng agency' for this hansaetion shan be ~S..rnr i try T 1 t l e Comea~,y . II a long-term osaow / coMeetbn is involvee, then the escrow --- 24 hddor shalt be 25 . TOTAL PURCHASE PRICE IS - 3 ~ . .•~ DOLLARS (s ~~~ ) coa c. c~a P,r 27 2e Payable ae lalows: Bee Addendum la) g Cash down, inducting above Earnest Money (Ciosirg costs are addlionaq. \ 29 (b).S Baknca of Ra Wrehase price (M.I.P. not inckfded). ) ~ 4). FINANCING. This aprenmeM is eonikxpM upon the Buyer securing Moe loaowtrg linanckg: ^ FHA, ^ VA, ~ Cores, ^ IHA, ^ FmHA, ^ Assumption d extstinD bnMsl. ^~11M/. 31 (a) ^ NEW FINANCING. Purchase loan balance as ruled above for a period d_yeare at_%per annum. (II FHA or VA ban k sought. read the appkcable Provisions 32 33 on the reverse side hereel.) Buyer shan pay no more Man pdnls Mus origination Ice it any. Senor Io pay only Me discount points rxcesxary k order ro obtain above described finarakig but not to exceed points. Arty reduclbn k pdnls shall first accrue to the benelN d the: ^Buyer ^Soler ^ Divided Equally 34 (b) ^ ASSUMPTION. Buyer to ASSUME and ^ oval Or ^v>;N not brrequired to quanly loran EXISTING LOAN(S) d approxkndery S 35 at no more Ihan_% with monthly payments of approzkwtety S Inducting ^ P ^ 1 ^ T ^ I. 38 This agreement ^ does ^dces not require Lander to release Saner s liability. Type d ban ~ 37 Buyer shall apply for such loan or assumption within Three (3) banking days slier Seller's acceptance of tMs agreement. 3E Nan appraisal is required under Brryer s linanckr0 contingeray, promises must appraise at no less Than purchase price. 3£ 5. OTHER FINANCING, TERMS AND/OR R Oe L~I~I~NS~ _ a~ r ,, 10. 11. Y ~ 12. 13. ..- 8. ITEMS SPECIFICALLY EXCLUD THIS SALE: 9. COSTS PAID 9Y: Costs m addition those listed babes may oe Incurred by Buyer and Seller. Urdess otherwise agreed herein, or provided by law a required by tinder, Buyer shwa purchase SeNers ore account it ban assumptbn. _ _ _ _... _ „_.. _. ___..__._....,.:°° _~_,.._ ._u w.. .Sea Nem a 20 on reverse Side. 6. SELLER'S RIGHT TO CONTINUE TO MARKET THE PREMISES AND ACCEPT OTHER OFFERS. This agreemrml provides for the Serer io continue 10 market Ilre premises acrd accept dhet oilers subject to Buyer s right to waive a remove Na Idbwirg wnlingeraies. Arty waver a removal d arty codkgenCy a3 Bel Ionh in Paragraph 116 wNl be a waiver or removal of an COrtl'Ingendes in Paragraph f~. ' (a) ^ Cbstng of "INI bl'tf6lore listed wit . Upon waiver or removal or ttus conixgeney Baler warrants that adequate funds needed to close win be avauaWe and, that Buyer's ability to obtain linancmg fs mt ~cortdiltoned upon Bab arlNor closing d oPe ~ r ~ -) (b)^othcr(spedry) DCe ~PdenS'i~el IF THIS AGREEMENT IS SUBJECT TO Serene right to continue to rnarkd the premises and accept other oilers es spedlted in Paragraph s5. Saner shan have the nght b Continue ro filer the herein premises for sale and to accept oilers until such Dme as said conlirgencies have been waived or removed DY Buyer. Should Saner receive another atceplable oNor to purdtase, Saner shan give Buyer calendar days written rrdice d such oiler. In the avant the Brryer does rat w9We or remove the COntingarlCiBS b wrilbg within Itre set calendar days rated above, then This Agreement shan be lerminelad and an deposits returned b Brryer less expanses roamed t0 date of terminallon. In fire event the Buyer does waive or remove the wnlingencies, the Buyer shan proceed to purchase Me premises urxler na rerrainkg terms and torditrorls d this agreement ndwithsWnding that the terms d the new filer may be mac or less lavorabk. Ndice shan be considered gWen on the earner d eidter personal deavery d notice to the Buyer W Mek repreSeMalive Ot IvrO calendar days lolbwing If>e date of meinrg evidenced by eenNicaNon of the poshnark On the envelope eontak~g ureXr ratite. AN rattles shah be Sant ro the addresses shown on This agrcement. 7. ITEMS SPn ~IFICALLY INCLUDED IN THIS SALE (N FHA! VA linaraing Is sought see Nem a t7 on reverse sido)~ J TesGJ rvo rvrrnaser s calm o,oy.. ~r . - - - - - - - - 11 requested by lender or dhe kted herein, the below costs wip be paid as indaated. Costs ltoan Well PunpJkepet:t. Code 4rspeet ~« Tax Closins L ~ ' Paid By Appreissl tAssump4 Mspeel. Sepik nPegrited Service . BUYER WA X X X X X X X X SELLER SNME EOUMLY X X Cost d k+nder or coda repaks nd to exceed s ~w CLOSING. On a belore the dosing date. Bu er and Sonar shall deposN with th dodn9 agitray as hxWs and bstnmtertls necessary to complete the sale. The dosing date shaa be no titer ~ c ~' fx~~'OV~ POSSESSION. Buyer shan be enlNledro possession on fl dosk+9 ^ other ' 'Gostrg' mes~al1ns th~~eaa dale an rdtidt aN do~iXnertls are eillter recorded or accepted DY ~ ~~ ~t and ars Bak: proceeds are avauabk to Seder. Tezes ant water assessments (fn~9 aroclosingassessrneM as a bads). reds. interest and reserves, ears, erxamlDrarlces or dfagalions assumed sod NiRlte4 shall be pro-reted as d . Buyer shaa pay for IuN in tank, amotea to De determined by n,e supprre~rnau =y 1994 ACCEPTANCE. Boyers Bier is made subject b ore acceptance d Seder on or bdore t2:00 odock midnt9M d a Seller does nd accept acs agreement wNhin are lima spa eMke Earnest Money shan be relunded to Buyer rXr demand. 49 50 51 s2 53 54 55 56 57 58 59 80 81 62 84 85 66 87 6B 69 70 71 72 . 73 74 75 TIME IS OF E E T. 7s tnnrg agency: ~ • ~ T .! MLSa 1029 $eg;~ pgancy; IDAHO PROFERTIES CO. MLSa 1029 77 By a ~,. Lv s Co a MLSa~~- 7s B~/ ... Buyer's AdMess - 79 Sri' ~ Buyer's Phone: Residence Business 80 ,~] See taehed Addendum(sJ. attached Counter Otter(s) ~. et on this e, a hereby approve and accept the Bak ad Ioah in the above agreement and agree b carry out as the km,s eared on the pan d the SHkr.. 82 UWe Iris agreement signed DY both parties. 83 ! t ~~ ors Address: Phone: Res: Work: 8d Se r: IT,r.tE01 ~~~~ ~~ // ~~ ~~ ,~~/~ Setter Date '2 9 9 City ~~y7p1LGfKIS+ Slate Zro '-=e,~.85 ,.p»ar,a.E, Sauer Seller's Address: ~' Irr,wrEm Seller- Date City State Zip 87~ rwmanmct A true copy d the foregoing agreement, signed by the Setter and eontainkg the lua and complete legal description d the PrerMSes. k hereby received on this 88 j B9 day of aa.~~ ~7l_• 19 r- . ~ M uuyer. THE PROVISIONS CONTAINED ON THE REVERSE SI[11s` OF THIS PACE St1All A150 CONSTITUTE Pf1 HE ACRFFMFrj1~,O ~ IIE,~'rtI171FS. fACtl OF THE nl PARi1F^. ACKtJf7YOffXiFS RFAfNNC; THIR AQRFFMFNT IN FULL. 01ryen r IMtiat>L_~___ RnIMr's Inui:(/IL fL....~ ~i' RP2t REV 5ro3 97 OREN C. MAYES AND CARMEN J. MAYES June 13, 1994 City of Meridian Planning and Zoning Commission Attn: Shari Stiles, Planning Director 33 E. Idaho Avenue Meridian, ID 83642 ,_ Re: Request For Annexation and Zone Change Dear Sirs, - As owners of the real property described in the attached Warranty _ Deed and Option Agreement we do herby consent to the request for annexation into the City of Meridian and change of zoning submitted - by Ronald W. Van Auker, the Option Holder, for part of the S1/2SW1/4, Section 9, T 3 N, R 1 E, Ada County, Idaho as described in deed attached hereto and made a part hereof. - OREN C. MAYES AND CARMEN J. MAYES ~/~ C:. STATE OF Idaho ) COUNTY OF ) ss: Ada ) On the 13th day of June 1994, before me, a Notary Public in and for said State, personally appeared _ Oren C. Manes and Carmen J Manes, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that theme executed the~~s~ame. My Commission Expires: ,~~~G'(/~ o ary Pu lic dress: June 17, 1994 Project No. 1543 Legal Description Van Auker Annexation 11.0 Acre Tract A tract of land situated in Southwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southwest Corner of said Section 9, thence along the southerly line of said Southwest 1/4 East a distance of 1078.00 feet to a point, said point being the POINT OF BEGINNING. Thence continuing along said southerly line East 1611.98 feet to the Southeast Corner of said Southwest 1/4, Thence leaving said southerly line and along the easterly line of said Southwest 1/4 North 295.00 feet to a point, Thence leaving said easterly line West and parallel to said southerly line of the Southwest 1/4 1648.20 feet to a point, Thence South 07°-00'-00" East a distance of 297.22 feet to the POINT OF BEGINNING. The above described tract of land contains 11.0 acres, more or less, subject to all existing easements and rights-of--way. c:\wordtextUega1s115431g1.doc ~'rn~~irrniv 1 ~ Ls~L~ For Value Received n" r ,t'~~tn^'~' :i .',~' J:;::..^.' ~,i. ..•• ~. :r .:~:: :, i.'IICi W1.rC, fire grantor 5 , do hereby gram; Bargain, seii titiu cvctvey uuw' _ . . and C!'.R'sIEV J. `~~:r~:~, ilusl.atz~ anti ~;ii4, -. ..~ ., •~ «;- t~:;. ,, ~'';;;, ~. ~, k::.¢; yy 4 ~r, tP ~~ ' , ~' Y v t ~~~' w rK .~, ` '. J r~~ ,..~.. the grantees, the following described premises, in..........f~~3 County Idaho, to wit: '~~~. . Part of the S~: ~':.';, JECti on 9, 'i . 3 N. , k . 1 ;•.. , :' .". , in ~, " ~'~ .1 r'1da County, Iloilo, more particularly d~sc:i.i~: c as ,.. follows: ~~ Beginning at ~: ~~oint 1078 fc~t East of tiic ~: c~vr•tc:r of •' the SW'; of .section ~, 'I'. 3 Iv., k. 1 E., E.'' ~i:~nce ~ East, 1611.9 iC'@~, morc OT 1CSS t0 L"!':C: :iOlli.ii ..-'~'t-1.Ot1 h~ii ~I' corner of ae_ction 9, 1. 3 lV' , 1C. i L , li.... _.:u:1Ct North, 1072.6) feet to the youth side of hailt.',iy ::i.;tlt of LJay; ti~ence ',Jest; alonb the youth side oi: i~ailway ri;;lit o±- -~~ ~;•, 1.744.08 feet, W111.C11 point is -945.3 feet ,r'3sc of L:ac :;,:St ~''.~ ',.' _; 3ectivn line of section 9, 'i'. 3 ~. , it. 1 ::. , i::.'~f. ; ~3 thence ~ ~' South 7°UO' East, 108) feet to the place of be~i:u.in;;. ~ , SUBJECT T0: Mortgage dated April 6, 1955, executed by L?L:. JuI~DAN and JEAN JORDAN, husband and wife, to THE FEI)El~_AL LnND - - BANK OF SPOKANE, a corporation, recorded Aprii 5,.1955 - under Instrument No. 375182, records of Ada C~un~y, Idaho, .-" ~~ which the grantees herein assume and .agree to pay. ... ;:1~' TO HAVE AIJD TO HOLD the said premises, with their appurtenances unto the' said Grantees. their heirs and assigns forever. And the said Grantor s do hereby covenant to and with the'said Grantees, that .they are the.owners in fee simple of said premises: that they are free from all incumbrances , except general taxes for the year 1963 and the 1 Mortgage described above. `" and that they will warrant and defend the same from all lawful claims whatsoever. ' Dated: February 8; 1963 ,r z a C z H 0 ~i ~yG JY N f s A=11470; d`~D~ l;S1lJ- ~dC, ,~c: ~ c' ~~7 ~~ ... STATE OF ID~ COL3l:TY OF i ~' 6 ~Ct ' .' STATE OF IDAHO,. COUNTY OF that tMa instrument was Afed for record at testif reb I I :~ j: i v, , 1? . , day of / C On tills y y x TLE INS?)h ?~c'E i"1: T T betora mo, s notary Public is and for soid State, perwnally ' ,. Y I the xquest of SECURI Rpva+s`'~ DALE '3,0}ZDAN .and `JEAN at n0 minutes peat ~ o'clock A m., d wife d usb 1I ` ~~ 13th day or r^e'a. , , _ an an ZDr V h JO ~ 1963 , !n mq oE1ce, sad daly recorded !n Look $? ' •Y ~ '. 1 of Deeds at page ~knowp to` r,~ ~0 6e the peei~on& ~•whose name S are VE??'~' Ti?i.'^:. - •• ~;`aubac~elbed ~o the•witbdn instrument; and acknowledged to _ '-' Pco:dcr Ez-OtBcio R r f-}~av c ~..~ ~ t •. ~ crusted t.1e same ... 4 ~ + ~ ~ ~ __- 111 . /L.r- 7 4 ~ 't,~ ~1~,~ a ytil ~ ,.. ~ Nolarq Public X Doputq. •Feaa =' `~ 10 r » ~ at<a!1 !o: a.?r ., ,~,~ t:i d ~erw~ ~ygy.~7 ti.. ~< ~ kiw~ M~c'~ i.~ .~ EXHIBIT "A" INCLUDING ALL THAT PORTION OF THE FRANKLIN ROAD RIGHT-OF-WAY LYING NORTH OF THE CENTERLINE AND ADJACENT TO THE HEREIN DESCRIBED LAND. Roylance & Associates P.A. Engineers • Surveyors • Landplanners .r 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336-7391 Project No. 1543 Annexation for Franklin-Eagle Joint Venture The subject area for this annexation is an unplatted parcel occupying the northeast corner of the Eagle Road/Franklin Road intersection. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City of Meridian, and develop its property for various -. commercial and light industrial uses. The current Ada County zoning for the property is RT Rural Transition. The requested - municipal zone designation is C-G General Commercial. The property is 25.26 acres in size, and is currently vacant. Surrounding land-uses found in the vicinity of the site includes aloes-density residential development (Montvue Park Subdivision) to the south, with agricultural land located immediately to the north and east. The Union Pacific Railroad borders the site to the north. The principal town center and commercial district for Meridian is located roughly 2 miles to the west of the property. Municipal utilities are currently being planned to be extended to the proximity of the site. i Principal access shall be provided via Eagle and Franklin Roads, which are classified _ as principal arterial thoroughfares by the Year-2000 Functional Street Classification System-Urban Area. The most- recent traffic count information for Eagle Road was 11,900 vehicles-per-day, with 6,500 vehicles on Franklin Road. Traffic along these - routes is expected to expand to 24,800 vehicle trips-per-day on Eagle Road and 27,800 on Franklin Road by the year 2015. It is the position of the applicant that commercial use of the subject property is compatible with the spirit and intent of the updated version of the C~ of Meridian Comprehensive Plan, which recommends primarily light industrial development for this - area. The property lies at the intersection of two major arterial roadways, Franklin and Eagle Roads, and adjoins a Class I railroad facility. Access to Eagle Road would be provided by the extension of Lanark Drive through the site. The volume of vehicular traffic found in this area is sufficient to warrant the types of development proposed for this site. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-73 FRANKLIN-EAGLE JOINT VENTURE June 14, 1994 City of Meridian Planning and Zoning Commission Attn: Shari Stiles, Planning Director 33 E. Idaho Avenue Meridian, ID 83642 Re: Request For Annexation and Zone Change Dear Sirs, The undersigned hereby request annexation into the City of Meridian and a change of zoning as described in the Plan of Development accompanying this request for a parcel of land located in the SW1/4 of Section 9, T 3 N, R 1 E, as described in the deed attached hereto and made a part hereof. STATE OF Idaho ) ss: COUNTY OF Ada ) On this 14th day of June 1994, before me, a Notary Public in and for said State, personally appeared Ronald W. Van Auker who, known to me to be the person whose name is subscribed to the foregoing instrument, did say that he is a partner of the joint venture that executed the foregoing instrument, and acknowledged to me that such joint venture executed the same. My Commission Expires: o ary Public dress: i ~i ~~~ ~~~ ._., ACKNOWLEDGMENT ~• ~ j.~'*~. t "~ ~ ~ PIONEER TITLE COMPANY ~ OF ADA COUNTY i ! ... I .r 821 West State Street /Boise, Idaho 83702 (208) 336-6700 888 North Cole Road /Boise, Idaho 83704 (208) 377-2700 P-128703 JB REVIEWED & APPROVED BY: '~1~!U:!U!!U<!ii:!a? 1A?81 dG?at?Lii~~~~?a~ aa~1u ~~ ,)a(lat I^ FRANKLIN-EAGLE JOINT VENTURE, an Idaho Joint Venture GRANTEE(S), whose current address is: ,3Q~fy~ ~ j~(,Z/)Q,rk ~-~ ~~.,~~• ~ ~~ ~3(oyz the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: r~ CRAN'iOR(s) does (do) hereby GRANT, BARGAIN, SELL and CONVEY unto ^~ FOR VALUE RECEIVED RONALD W. VAN AUKER, a married man as his sole and separate ^~ property, srncE ntwvc roR RECORDtNC Dn~rn ?a~ ?Q ?c. ?u ?a ?c i~ ?a ?a: ?u ?a~ ?a ?Q ?u ,a~ ,u ,r,~ ? a~ ?a~ ?a~ ?a ?a ~t~ WARRANTY DEED '~C (INDIVIDUAL) See the Attached Exhibit "A" for legal description, which by this reference is incorporated herein. ~~ TO NAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantccs(s) heirs and assigns forever. And the said Gramor(s) does (do) hereby covenant to and with the~Caid Gramec(s), the Grantor(s) is/arc the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCL•PT 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, includes irrigation and utility assessments, (if any) for the current year, which are not ycl due and payable, and That Grantor(s) will warrant and defend the same (mm all lawful claims whatsoever. _~-- ~ ~f~ Dated: /~~~ ~ // W. ~~ STATE OF IDAHO ,County of Ada F5. ;l .~ , ^~ / On this day of ~ Sitin ~ , in the year of 1994 , before me ~- ~~ Janet L. Blosch a Notary Public, personally appeared t'~ Ronald W. Van Auker ~; t-~ known or identified to me to be the person(s) whose name(s) is subscribed to the within instrument d k l d `Z`' , an ac now e ged to me that _ he _ executed the same. t- ~~ ~? ~s ~ Notary Pu ic: Residing at: Oise . IdB~o t: ~: My Commissio L"xpires: 3~~9 ~~ '1(1~~%1~1 (1~(I~l 1L(lO(~)C(1~I(jry~~i~~W w~n~~~:('t(1;ll:Y )S~(l:(1Q(li~Cl (1~Ii()^Ifu(1C(l:(1~(1:i 1~(1~11~11 ~(lnf l~i~l~/1~11~(1 (~(~.(2~' ... P i 23703 ,.-` THENCE NORTH 29 DEGREES 29'52" WEST A DISTANCE OF 58.31 FEET TO A POINT IN A LINE PARALLEL WITH AND 70.0 FEET EASTERLY FROM THE CENTERLINE AND BEARS SOUTH 88 DEGREES 32'03" EAST FROM STATION 70+24.79 OF SAID HIGHWAY SURVEY; THENCE NORTH 1 DEGREES 27'57" EAST ALONG SAID LAST PARALLEL LINE 380.48 FEET TO A POINT .-. IN THE SOUTHERLY RIGHT OF WAY BOUNDARY LINE OF THE UNION PACIFIC RAILROAD AND OPPOSITE STATION 74 •F 05.27 OF SAID HIGHWAY SURVEY; THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY LINE OF SAID RAILROAD RIGHT OF WAY 70.0 ,,,, FEET, MORE OR LESS, TO A POINT IN THE WEST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER, THENCE SOUTHERLY ALONG SAID WEST LINE 1097.0 FEET, MORE OR LESS, TO THE PLACE OF BEGINNING. - END OF LEGAL DESCRIPTION ._ ... .- r EXHIBIT "A" P128703 ^ ' BEGINNING AT A SOUTHWEST CORNER, SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE-MERIDIAN, .-. THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID SECTION 9, A DISTANCE OF 1092.5 FEET TO A POINT ON THE SOUTH SIDE OF THE RAILROAD RIGHT OF WAY, THENCE EAST ALONG THE SOUTH SIDE OF THE RAILROAD RIGHT OF WAY A DISTANCE OF 945.3 FEET TO A POINT, THENCE TURNING AN ANGLE OF 93 DEGREES TO THE LEFT OR SOUTHERLY APPROXIMATELY SOUTH 7 DEGREES EAST A DISTANCE OF 1089 FEET, TO A POINT ON THE SOUTH BOUNDARY OF THE SAID SOUTHWEST QUARTER OF SECTION 9, . -~ THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF SAID SECTION 9 A DISTANCE OF 1078 FEET TO THE PLACE OF BEGINNING, ... EXCEPT T!-!E FOLLOWING: A STRIP OF LAND FOR PUBLIC RIGHT OF WAY LOCATED IN THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EST, BOISE- MERIDIAN; THENCE NORTHERLY ALONG THE WEST BOUNDARY OF SAID SECTION 9, A DISTANCE OF 40 FEET TO ^ A POINT; THENCE EAST PARALLEL TO THE SOUTH BOUNDARY OF SAID SECTION 9, A DISTANCE OF 1078 FEET TO A POINT; ,.,,, THENCE SOUTH A DISTANCE OF 40 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE SAID SOUTHWEST QUARTER OF SECTION 9; THENCE WESTERLY ALONG THE SOUTH BOUNDARY OF SAID SECTION 9, A DISTANCE OF 1078 FEET TO THE PLACE OF BEGINNING. ^. AND ALSO EXCEPT THE FOLLOWING: A PARCEL OF LAND BEING ON THE EASTERLY SIDE OF THE CENTERLINE OF EAGLE ROAD PROJECT ^ NO. F-FR-3271 (44) HIGHWAY SURVEY AS SHOWN ON THE PLANS THEREOF NOW ON FILE IN THE OFFICE OF THE IDAHO TRANSPORTATION DEPARTMENT, DIVISION OF HIGHWAYS, AND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN, DESCRIBED AS FOLLOWS, TO-WIT: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE-MERIDIAN; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST -` QUARTER A DISTANCE OF 70.0 FEET, MORE OR LESS, TO A POINT IN A LINE PARALLEL WITH AND 70.0 FEET EASTERLY FROM THE CENTERLINE OF SAID EAGLE ROAD-PROJECT NO. F-FR-3271 (44) HIGHWAY SURVEY; THENCE NORTH 1 DEGREE 27'57" EAST ALONG SAID PARALLEL LINE 190.95 FEET TO A POINT OPPOSITE STATION 65 -F 00 OF SAID HIGHWAY SURVEY; THENCE NORTI-I 32 DEGREES 25'48" EAST A DISTANCE OF 58.31 FEET TO A POINT IN A LINE ,,,,~ PARALLEL WITH AND 100.0 FEET EASTERLY FROM THE CENTERLINE AND BEARS SOUTH 88 DEGREES 32'03" EAST FROM STATION 65+50 OF SAID HIGHWAY SURVEY; THENCE NORTH 1 DEGREE 27'57" EAST ALONG SAID LAST PARALLEL LINE 424.79 FEET TO A POINT OPPOSITE STATION 69-~-74.79 FEET OF SAID HIGHWAY SURVEY; ... LEGAL CONTINUED ~"~ EXHIBIT "A" .._. INCLUDING ALL THAT PORTION OF THE EAGLE ROAD RIGHT-OF-WAY LYING EAST OF THE CENTERLINE AND ADJACENT TO THE HEREIN DESCRIBED LAND QUOTED EARLIER AS AN EXCEPTION TO THIS DEED. AND ALSO INCLUDING ALL THAT PORTION OF THE FRANKLIN ROAD RIGHT-OF-WAY LYING NORTH OF THE CENTERLINE AND ADJACENT TO THE HEREIN DESCRIBED LAND QUOTED EARLIER AS AN EXCEPTION TO THIS DEED. .. Roylance & Associates P.A. r Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Project No. 1543 Telephone (208) 336-7390 Fax (208) 336-7391 Annexation for G/D Partners The subject area for this annexation involves a lot within Commerce Park Subdivision located east of the Eagle Road (S. H. 55) north of Franklin Road. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City, and develop its property for a light industrial use. The current Ada County zoning for the property is M-1 Industrial District. The requested municipal zone designation is I-L Light Industrial District. The property is 2.52 acres in size, and is currently vacant. Surrounding land-uses found in the vicinity of the site includes various warehouse and light industrial uses in Commerce Park Subdivision, with vacant industrial zoned land to the north. The principal town center and commercial district for Meridian is located roughly 2 miles to the west of the property. Municipal utilities are currently being planned to be extended to the proximity of the site. Principal access to the site is provided by Commercial Court, which is an existing local commercial street. Eagle Road (S H 55) is the most proximate major street. Traffic along this route is expected to expand from 10,000 vehicles in 1990 to 24,800 vehicle trips-per-day by the year 2015. The proposed development reflects the spirit and intent of the updated version of the of Meridian Comprehensive Plan, which recommends primarily light industrial development for this area. The property lies adjacent to a Class I railroad facility. Access to the west to Eagle Road would be provided by Commercial Court. The volume of vehicular traffic found in this area is sufficient to warrant the types of development proposed for this site. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. G/D PARTNERS, AN IDAHO GENERAL PARTNERSHIP June 14, 1994 City of Meridian Planning and Zoning Attn: Shari Stiles, 33 E. Idaho Avenue Meridian, ID 83642 Commission Planning Director Re: Request For Annexation and Zone Change Dear Sirs, ' The undersigned hereby request annexation into the City of Meridian and a change of zoning as described in the Plan of Development accompanying this request for Block 1, W1/2 Lot 2 of the Commerce -. Park Subdivision as described in the deed attached hereto and made a part of . G/D PARTNERS, AN IDAHO GE RAL PARTNERSHIP By: ,_ ACKNOWLEDGMENT STATE OF Idaho ) ""' ) ss COUNTY OF Ada ) On this 14th day of June 1994, before me, personally appeared Kenneth DuWaine Emmons who, known to me to be the person whose name is subscribed to the foregoing instrument, did say that he is .. a partner of the partnership that executed the foregoing instrument, and acknowledged to me that such partnership executed the same. .. My Commission Expires: ~-21-yg „.~. .~~ ~, -~~_ ~,.. -. - - __- :. .=_~ - .~. tary Public ddress: n ~,•p; .~ ~T~_~~. ~•. c xis ,~ ~ ~<, p'k~R''.P.I~. "'~l+a' s ~ rt s •~iy;.~, ~I N~ ~ . ~ ~ d -;c { c, a ~ .. 'ro'QUITCL1lIlt~"D® %~y~"~" `"'~'~-~"'`yyX_y~yyyr ~d~yt•xg~;~& t.,3. .~ S ~ ~ ~G•'.. .. 'L.. 'j 'f ~ ^^~'^'~` ~~~~ F4*''i~R~ :. .. :i!1. ,'.~,,.. 'r. ~.YSf -~' .~ i %" THIS DEED,` made the ~ ~ of ~~ L_ 1994, BY and Betxeen _ s; ,,f ;~/D sad R Partners an Idaho General Partn~rshio ~, ,those current address is 796 Diamond Street Boise 'Idaho 83701 ,hereinafter referred to as GRANTOR, "r'"Y""'""" •' ~ ~•` AMD ~ G/D Partners.' as Idaho General Partnership ~•iv: r>,bose earrent address is 796 Diamond Street Boise Idaho 83701 ,hereinafter ~~' referred to aaGRAhTEg, . h '"" YITNESSEfH, that the Grantor, for and sn consideration of One Hundred Dollars and ether good and valuable consideration, the receipt of which is hereby acknorledged, does hereby CONVEY, RELEASE, REMISE and FOREVER QUITCLAIM unto the Grantee, the folloring described real property located in the County of Ada , the State of Idaho sore particularly described as follows: Wi/2 of Lot 2, Block 1, Commerce Park Subdivision Located in the SWI/4 of Section 9, T 3 N, R I E, B.H., Ada County, Idaho Also Described As: A tract of land situated in the Southwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho also being the w i/2 of Lot 2, Block 1 of Commerce Park Subdivision, !a recorded subdivision on file in book IS of plats at page 9721 and 3722, records of Ada County, Idaho) more ,r particularly described as follows: Commencing at the Section Corner common to Sections 8,9,16 and 17, T. N., R. I E., B.M.; thence North a distance of 1298.53 feet along the Section Line common to Sections 8 and 9; thence South 89 degrees 56 minutes 30 seconds East ... a dlstanCe Of 25 feet to a 5/8' iron pin on the North Right-of-Way Lane of the Union Pacific Rail Road; thence continuing South 89 degrees 56 minutes 30 seconds East a distance of 438.75 feet alon5 said Right-of-way to a no~nt. sa:~! ~n~nt Defng the Southwest corner of Lot 2 and the HEAL POINT OF Nf:t;lt:::1ti~, "' thence North 00 degrees 00 ainutes 00 seconds East a distance of 454.99 feet along the West Llne of Lot 2 to a point, said point being the Northwest corner of said Lot 2; thence North 89 degrees 56 minates 24 seconds East a distance of 241.OC leer ... along the North Line of Lot 2 to a point, said point beiny the midpoint of the North Line of said Lot 2; ' theoee South 00 degrees 00 minutes UU seconds East a distance of 454.98 feet along the Centerline of Lot 2 to a point on the North Right-of-way Line of the Union Pacific Rail Road, said point being the midpoint of the South i.ine of said ,,,,, Lot 2; thence North 89 degrees 56 minates 30 seconds west a distance of 242.00 fee- along said North Right-of-Way Line and the South Line of Lot 2 to a point, said point being the Southwest corner of said Lot 2 and the REAL POINT OF BEGINNING. The above described tract contains 2.525 acres, more or less. subject to all existing easements and rights-of-way. v.l SUBJECT TO, that certain Deed of Trust dated the 13th day of December 1993, DY and between G/D and R Partners, Grantor and Thometz Corporation, Beneficiary. "~ recorded as instrument no. 94008961 in the records of Ada County, Idaho. - ?O HAVE AND TO HOLD the said premises, with their appurtenances unto the Grantee, and Grantee's heirs, and assigns forever. ` WITNa"SSETH our hands and seals this 1 S f~, day of .~ ~~\ 1994. ,...~ -- - y ~5~~ ., Y mer, Qeneral Partner /y/~~ ,(~ ~ ~~~ r l) itf> ' Kfnlteth Dp ainei~omons, Generai Partner EUl,..- . nald W. Van pukes, C,eneral truer ~;1 i ~d'~ 1 ~ ~~ .. (J B d j ,~,~~'L~.. iicC.... r :~f~ ~s "''_~ ghtc` •kJ ~.~ A ~,rR ~,,,~{~.~i. ~~jj_~~•~'Y++~y ,S u~~~j~^ '~ i-~ Na' ` `3' ,_ . $e ~ r • •^'i' ~ ~ - _~ / 100109 • . -. .' >~ ~";'•a""''"' :' ~ ~C~pll<.gpG6llENT-Partnership . r'=t c , a, :. ,.. ..: _ .. Stag of ~'-'Oa rk, ) ~ ~ h. ss. ~~ ~comltr of C ~ ~ y ~ ~ ) 4 a, p ~, ~ l_ 1994, before s!e. the. '~' `~ Oa this ~ /,2'i~ day o! "'`'' A rsonally appeared nodarslgned, s Notary Public in sad for said State, Pe ~, l3 •i~wr known or identified tdaho Gene al Partners partn•rs to the partnership o! G/D and R Partners a-s name to the foregoing - sad the partner who subscribed said pare ~pexecoted the sass in said instrvment, and acknowledged to s+e that paztaarship name. C ~- -~ S. •"• • Signature: ~ ` '` j" ~~ ~ ,, •. ~ , 'r Name ••" ` ~~ - Tv Residing at• ~~~~`~••"!! . •- - 'Y3t\' \ • c ~ --- ~:r n` -- • My coaaaission expires: ~~" ~" ~ l1CKNOMLEDGEMENT-Partnership State of-_~~a~`L ~ as. County of QCt~n ~ /h day of ~~'~ ~ -- -• 1994, before me, the On this ~3 ereonatly appeared undersigned, a Notary Pnbllc fn k ~rotaidentltiedpto me to be _one of the E'• "" l•- an Idaho General Partnership partners in the partnership of CL and_R Partners-_--•----- - artnershfp's name to the foregotng and the partner who subscribed said P he exe"uted the same in said instrument, and acknowledged to me that Q~,,.,~ partnership name. '' G ~'/~G~.=~'~ - .. Signature• `i .~~ l 3,~`/ Name: i ~n/~Z~% ~ - o' ~ µ • ~:~ i ~~ ,. ,, Residing at• ~~'rSl~c cL-Z> - ----- - o _.-- •. a ?; ~,;• ny commission expires: \ ACKNOwLE[K;EnENT-Partnership State of l~At1~ .----) sa. County of ADA ~ 1994, before me, the _I 1 th • day of APR eared On this ------- Public in and for said State, personally aPP a Notary known or identified to me to be one of the undersigned, RONALD W. VAN AUKEP. _ partners in the partnership of GLD and R_ P~rtnefS~?nsldn~ e~ ~o r the aforegoi~ artner who subscribed said partnership' and the p executed the same in said instrument, and acknowledged to me that he ~ ----- partnership name. ! ~ /r~ ~ ____ • ••• Signatur~ ~ ~~~i~s~~~~~~~`--- • Nam ULS~f~~-'--~r19L ~ ----- s ~ + Residing at• "AMFA, IDIilIO ___.- ----- --- ~n A • P ~ ---.--_ Ny commission expires:-1---~- ~ ~ -~~ Roylance & Associates P.A. ... Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336.7390 Fax (208) 336-7391 Project No. 1543 Annexation for Donald ~ Karin Nelson Property The subject area for this annexation Lot 3, Block 1, Commerce Park Subdivision, which .r is located east of the Eagle Road (S. H. 55) north of Franklin Road. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City, and develop its property for various light industrial uses. The current Ada County zoning for the property is M-1 Industrial District. The requested _ municipal zone designation is I-L Light Industrial District. The parcels under consider- ation total 9.30 acres in size, and are currently vacant. Surrounding land-uses found in the vicinity of the site includes various warehouse and - light industrial uses in Commerce Park Subdivision, with vacant industrial zoned land to the north. The principal town center and commercial district for Meridian is located "" roughly 2 miles to the west of the property. Municipal utilities are currently being _ planned to be extended to the proximity of the site. Principal access to the site is provided by Commercial Court, which is an existing local commercial street. Eagle Road is the most proximate major street. Traffic along this route is expected to expand from 10,000 vehicles in 1990 to 24,800 vehicle trips-per- day by the year 2015. The proposed density of development reflects the spirit and intent of the updated version of the ~ of Meridian Comprehensive Plan, which recommends primarily light industrial development for this area. The volume of vehicular traffic found in this area is sufficient to warrant the types of development proposed for this site. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. r ._., r DONALD J. NELSON AND KARIN H. NELSON June 14, 1994 City of Meridian Planning and Zoning Commission Attn: Shari Stiles, Planning Director 33 E. Idaho Avenue Meridian, ID 83642 ,_ Re: Request For Annexation and Zone Change __ Dear Sirs, The undersigned hereby request annexation into the City of Meridian and a change of zoning as described in the Plan of Development accompanying this request for Block 1 Lot 3 of the Commerce Park ... Subdivision as described in the deed attached hereto and made a part hereof. DONALD J. ELSON AND KARIN H. NELSON By' .. ACKNOWLEDGMENT STATE OF Idaho ) ss: COUNTY OF Ada ) On the 14th day of June 1994, before m a ar Public in and for said State, personally appeared _ •~~,ti known to me to be the person whose ~` n e is, ubscribed to the foregoing instrument and acknowledged to me that he executed the same. My Commission Expires: (~?,~t ~~ o~DOd Notar Pub c Address: ~~ -< `~ ~~ ~%` . ~~~~-~ :~. _ ,~~ ~ . '7955535 .~,. WARItAN'I'Y DLED - ~ ~.: ' .For Valuo Itcccived-"` RONALD C. YAPJKi: rind LINDA YANKR, hus?~.1nc' and ~~ - ~r,~"~fffe; ~ and TIIOAIAS T: NICHOLSON -and DIJ1iL\ NICI[OLSON, husband an;2 wi~c, „A the grantors do hereby Srant, barSain, sell and convey unto DUNALD J . NE:L•`~O`+ and ~ r"' ~? RARIr.11. N)rLSON, husband and wife, r,l. t ~ 8_~7r7 the grantee s, whose current address is Fcclcral stay, P.U. l3ox 8G07 , IIoisc , •t• •' _~:iR'ri . Tula County ldsho, Lo-ait: ..~ the toliowing described premises. in Lots 3 and `1 cif I31uc}: ! and lot<; ~ Aux; G of is1c~~:~_ - i 1 .. ~ Parr. Sut;divisivn, according to the r~lat !hereof i i~~.: ,:, '~'• ~ at. nar!e 3721, Records of i+d~t _ounty, -.. t~` . 4~ or Plats, - 1 I'tt F!ACF: ,1~It 'T'ir iltrl.Tr th• •,.! ..•••rn: •-. .. ... .. ~.'t,. •.:<:.. ~ h,.:rit s.+d :~:.i;:t,. .r-•.• r. ~:u! .. .. t -. ... ,. .. "•' vrith the paid (:rnn!r,-- tc.a .. from all inc::m:•r:~~~~• end '!tat - hr; tciii •...:n .... .....? C.:•f• nd (hr ., ..... .. ... .:: ~.,.,..,~ c;...... ..t .... . 1 • . • - - .- . - -. - ~ . , .., t , ... ---- - -.. - _ .. _ ,' 1 i -- - S':ATF. OF iJ):1F14t. C(ll:ti''Y t~}' ~, ; F..., ~ ... t rip: t?.ix . -. ,..... ,'~}~ ! ;' hrforr -nc, a notary Dub!:c in and for th.• +. "' ' ~` . r ~ c~ • ?~;~~ .. ~ ••:f... par: ~U':; ..... ,. ... ,... yu?.•:r?*~ed in t}:r u•i:?:rn inc~rumr^t, ' L::t„~ rx,•.•': ,. ilia. ,h... ,. tre Clint ~ J /I _ - SAFEC~ ~~ . ... ... r-~ ,.•r Roylance & Associates P.A. Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Telephone (208) 336-7390 Fax (208) 336.7391 Project No. 1543 Annexation for 4M Leasing/Canvest Properties The subject area for this annexation are Lots 4 and 5, Block 2, Commerce Park .~ Subdivision, located east of the Eagle Road (S. H. 55) north of Franklin Road. This site is situated within the City of Meridian's Area of City Impact and its Urban Services Planning Area. The applicant wishes to be annexed to the City, and develop its -. property for various light industrial uses. The current Ada County zoning for the property is M-1 Industrial District. The requested municipal zone designation is I-L Light Industrial District. The parcels under consider- ation total 9.30 acres in size, and are currently vacant. --~ Surrounding land-uses found in the vicinity of the site includes various warehouse and light industrial uses in Commerce Park Subdivision, with vacant industrial zoned land to the north. The principal town center and commercial district for Meridian is located "' roughly 2 miles to the west of the property. Municipal utilities are currently being planned to be extended to the proximity of the site. "~ Principal access to the site is provided by Commercial Court, which is an existing local commercial street. Eagle Road is the most proximate major street. Traffic along this route is expected to expand from 10,000 vehicles in 1990 to 24,800 vehicle trips-per- day by the year 2015. The proposed density of development reflects the spirit and intent of the updated .. version of the C~ of Meridian Comprehensive Plan, which recommends primarily light industrial development for this area. The volume of vehicular traffic found in this area is sufficient to warrant the types of development proposed for this site. Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. .^~. r-~. 4M LEASING/CANVEST, AN IDAHO PARTNERSHIP June 14, 1994 City of Meridian Planning and Zoning Commission Attn: Shari Stiles, Planning Director 33 E. Idaho Avenue Meridian, ID-83642 Re: Request For Annexation and Zone Change Dear Sirs, The undersigned hereby request annexation into the City of Meridian and a change of zoning as described in the Plan of Development accompanying this request for Block 2 Lots 5 & 6 of the Commerce Park Subdivision as described in the deeds attached hereto and made a part hereof. 4M LEAS~G/CASRT,~i Idaho Partnership By: ACKNOWLEDGMENT STATE OF Idaho ) '~ ) ss : . COUNTY OF Ada ) r On this 14th day of June 1994, b ore Notary for the State of Idaho, personally appeared ~~~ J ~`~ _ who, known to me to be the person whose nam s subscribed ;to"'the foregoing instrument, did say that they a partne` of tYie partnership that executed the foregoing instrument,,. and acknowledged to me that such partnership executed the=same: ` - M Commission Expires: Z~~ ~~~~~~~~`-' Y ,_ Notary Pu is ~'~ ~`~ /, Address: -'4 ... ..r +~ .~r ... .. .:~ I-f1 ~ 3 ~ 63 k-~ ~:.. r,,.y IC,, i,. ~y~ ~, ~. J • • ~ 9 9 0 4 81~'3100034i2 . _PIONEEit Tm.E COMPANY ! BOISE I-i FIRST AMERICAN TITLE '`"::' of ADA CCNJNTY '94 [71~r ~5 PI~I `• G e~ _ FEE ~ r._ST GF 82! West State Street Boise. Idaho 83702 I RECO;•.~_L 'Y •. (208)336-6700 I 888 North Cole Road Boise, Idaho 83704 (2081377.2700 ~__ SPACE ARf ri'F. FUR KECUKUf?1G DATA QU ITCLAII~ DEED Ft )h ~'.•iLI;E RE(;EIVcf) DONALD J. NELSON AND RARIN H. NELSON, HUSBAND AND WIFE .k) herclh u.mr~ rric.~.r• rcnu.c .u)d t„n•. cr yurt~lartn "^t" 4K LEASING/CANVFST, AN IDAHO PARTNERSHIP °'h"`e•'~rr`~~` 5554 W. GOGES RD. BOISc, ID 83104 the t.,llowrny ~rxnlttil pnm(sr•. t•• :. ir: TATS S b 6, Ctr14~9.CF PARR SUBDIVISION, ACCORDING TO T1iF. PLAT Tl{F:RF.UF, FILED IN BOOR 45 :t PLATS AT PAGES 3721 AND 3722, RECdRDS OF ADA COUNTY, IDAHO A14'lDEB BY AFFIDAVIT RECORDED FEBRUARY 18, 1981 AS INSTRDI~NT NO. 8107039. nq;erher with (heir :q.purrcn.in. t••. b~ ~ ~.. --~-..1.__...... -- -- - -- --- - _ - 1 ~is~~nall): fpc:)n~' ~o n-•s__~ _r..) . L_ l'.,i • ~ _ • _ -~ I f (.. ,. (j .. , , _ • ''• =knuw•n,ir idrnrifjc,~~ro me co I`c fl:c t•rr,.m 1,t „h•+,r n.nuo I,t t... . Y ~ • instrument: .in,l')c~ni,wic.l•_c,i n. inc sh ,r __}. h. ~~ r~r.wr.t rx . nn~~ ~ `! i ..: _ r ~~~~.1- K ,.. R TITLE COMPANY ! or ApA C~uN7Y .•. i 821 West State Street Boix, Idaho 83702 (208)336-6700 .,. 888 North Cole Road Boix, Idaho 83704 (208)377-2700 ' ~3 ~ 63 K.C ,~~~ ~ .. ~. 4 "~ ; 9 4 4 81~310003b2 .<~' ~:GrF.~ER BOISE ~~ FIRST AFrlERICAN TITLE '94 ~IflY c5 PI~I ~~ G FEE ~/d RECOi:~c~ .:: •~ 'EST OF +. ~~c no.,vr. rvK KtC UKUIN(: t7,~'t,~ [ 791'E QUITCLAIM DEED Ft1H \'ALI;E RELEI\ cly DONALD J. NELSON AND KARIN H. NELSON, HUSBAND AND WIFE aiu fxrcfq• canary, rrlrase, ra•mne :md 6m•a~cr yuucl:nm um.' 4N LEASING/CANVEST, AN IDABO PARTNERSHIP °~h""''"1`IrC"t~ 5559 W. GOWE:i RD. BOISc, ID 83709 the lolluwrny; descrikntif premise., t.. w u: TATS 5 b 6, C{~!Q'0:9.CF PARK SDBDIVISION, ACCURDINC 1'O THE PLAT THF:RF.OF, FILED IN BOOR 45 :•~ PLATS AT PAGES 3721 AND 3722, REGARDS OF ADA CODNTY, IDAB1) Alil'(DED BY AFFIDAVIT RECORDED FEBRDARY 18, 1981 AS INSTRD!!<ENNT NO. 8107039. - ~ together with their appurcen:mrr,. ~~~/ • •OntTtu ~~~~ ~_ Say ~f -I.1i2.' _ ut tiro ~r,~. , . I_ -~-±- - ~ .. ~ .. pciSc~nally Sprt2d~ mac: ,r t • t `) 1.- l'..i, . , ~.l f r __ ,` {! _ : t t .~~•. _ ~..., =known 8r iaftrtitifjc.~,a> mr u. h• tL•c pcr.,.n IJ a~ h~~ec n.unr (.t - instrumint; analleknowladge.i a~ nu that ~ha' `ye~rrute.! the ..mir iJJ ~~ ,,.~ • r ~~ rte, Roylance & Associates P,A, .r Engineers • Surveyors • Landplanners 4619 Emerald, Suite D-2, Boise, Idaho 83706 Project No. 1543 Telephone (208) 336-7390 Fax (208) 336-7391 ... .,, Annexation Request for Union Pacific Railroad Right-of-Way 12.26 acres of public right-of-way for the Union Pacific Railroad is proposed to accompany this annexation request. The principal town center and commercial district for Meridian is located roughly 2 miles to the west of the property. In order to maintain consistency with other portions of this facility which were subject to past annexations by _ the City of Meridian, the proposed zone is I-L Light Industrial District. _ Any questions or comments regarding this application should be directed to Mike Shrewsberry, Roylance & Associates, P. A. at 208/336-7390. ... r. n ~ .. June 16, 1994 Project No. 1543 r• Legal Description Annexation of a Portion of the Union Pacific Railroad Right-of--Way 12.4 Acre Tract A tract of land being a portion of the Union Pacific Railroad right-of--way situated in the Southwest 1/4 of Section 9, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: ` Commencing at a found brass cap monumenting the Southwest Corner of said Section 9, thence along the westerly line of said Southwest 1/4, said westerly line also being the centerline of Eagle Road, North 00°-00'-00" East a distance of 1298.53 feet to a point on the northerly right-of--way of said Union Pacific Railroad, said point being the POINT OF BEGINNING. Thence leaving said westerly line and along said northerly right-of--way South 89°-56'-30" East a distance of 2691.35 feet to a found steel pin ,,,,, monumenting the Southeast Corner of Lot 2, Block 1 of Commerce Park Subdivision, (a recorded subdivision in Book 45 of Plats at Pages 3721 and 3722) -. Thence leaving said northerly right-of--way South 00°-00'-00" West a distance of 200.00 feet to a point on the southerly right-of--way of said Union Pacific Railroad, Thence along said southerly right-of--way North 89°-56'-30" West a distance of 2691.35 feet to a point on said westerly line of the Southwest Corner of Section 9, . Thence along said westerly line North 00°-00'-00" East a distance of 200.00 feet to the POINT OF BEGINNING. The above described tract of land contains 12.4 acres more or less, subject to all existing easements and rights-of--way. c:\wordlcxtUegals\pn 1543. doc ... . .c. ± LANDOWNERS WITHIN 300 FEET ... OF PROPERTY TO BE ANNEXED i GENTONE, INC. P.O. BOX 2727 BOISE, IDAHO 83701 TAx #S1108131210 TAx #51109212462 -~ ELIXIR INDUSTRIES 17905 S. BROADWAY GARDENA, CALIFORNIA 90248 ~. TAx #S1108417232 ALUM A FORM C/0 ELIXIR INDUSTRIES 17905 S. BROADWAY GARDENA, CALIFORNIA 90248 T~ #51108417710 LAYNE OF IDAHO, INC. WATER AND WASTE EQUIPMENT COMPANY 5200 BETHEL STREET `~ BOISE, IDAHO 83706 TAX #86510580040 -- RONALD C. YANKE AND LINDA L. YANKE P.O. BOX 5405 BOISE, IDAHO 83705 ,,., TAX #86510580050 TAX #86510580060 - TAX #86510580120 TAX #86510580110 `' TAX #86510580100 TAX #86510580090 WALTER T. SIGMONT JR. AND RUTH A SIGMONT 3817 STAR VALLEY STREET BOISE, IDAHO 83709 TAX #86510580080 TAX #86510580072 GLENN E. GREEN AND MAYME ELLEN GREEN 3070 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 TAR #S1108449222 TAR #S1108449310 TAX #S1108449320 1 HASKiN 1992 IRREVOCABLE TRUST JAMES A. HASKIN AND DONNA L. HASKIN ~-' 3140 E. FRANKLIN MERIDIAN, IDAHO 83642 TAX #S1108449330 L. TAX #51108449342 LEON E. TAYLOR AND NORMA G. TAYLOR 1625 STEWART ROAD "` KUNA, IDAHO 83634 TAX #51117110092 .-. KAROLY I. HATVANI AND PIROSKA HATVANI 3285 E. FRANKLIN ROAD - MERIDIAN, IDAHO 83642 TAX #85791500062 TAX #85791500050 DONALD L. LAYNE AND ROBERTA K. LAYNE -~ 5800 GLENWOOD BOISE, IDAHO 83714 TAX #85791500069 y DON W. HOLLINGSWORTH AND ROBIN HOLLINSWORTH 3300 MONTVUE MERIDIAN, IDAHO 83642 "` TAX #85791500075 RANDALL G. CALKINS AND TANYA L. CALKINS •~ 3315 E. FRANKLIN MERIDIAN, IDAHO 83642 TAX #5791500040 RICHARD K. CHADWICK AND BRENDA C. CHADWICK 3335 FRANKLIN ROAD MERIDIAN, IDAHO 83642 TAR #85791500030 LELAND G. EDMONDSON AND MARY K. EDMONDSON 3360 MONTVUE MERIDIAN, IDAHO 84642 TAX #85791500080 JOHN L. WORTENDYKE 3385 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 TAX #85791500020 ARLES F. HOFFBAUER, ET UR 3435 E. FRANKLING ROAD MERIDIAN, IDAHO 83642 TAX #85791500010 2 n WARREN B. NELSON, ET UX 3410 MONTWE ..- MERDIAN, IDAHO 83642 TAX ##85791500090 R.P. & L. J. BARTSCHI TRUST y R.P. & L. J. BARTSCHI LIFE ESTATE 3475 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 --~ TAR #85791500005 TAX #S1116223400 ,,,, HAROLD E. HOLLOWAY AND DEANNA B. HOLLOWAY 3545 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 TAX #S1116223100 FRAME FARMS, INC. 3585 E. FRANKLIN ROAD -- MERIDIAN, IDAHO 83642 TAR #S1116223000 DANIEL R. LAMB v 1121 WHISPERING PINES TURLOCK, CALIFORNIA 95380 TAX #S1116212950 E. L. BEWS AND SHIRLEY G. BEWS 5204 SORRENTO CIRCLE _,_, BOISE, IDAHO 83704 TAX #82745350020 TAR #82745350030 TAX #82745350010 " TAX #82745350150 TAX #82745360010 TAR #82745360020 - TAX #81116212654 TAX #S1116212622 TAX #S1116212602 - LYLE E. BAIR AND LESLIE H. BAIR 3975 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 - TAX #S1116212500 OTT COMPANY ,;, C/O J. ROBERT TULLIS P.O. BOX 8329 BOISE, IDAHO 83707 TAX #51116120600 ,, 3 PATRICIA A. NATIONS 4010 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 TAX #S1109438450 TAX #S1109438585 FRIEDA CARSTENS C/O MARGARET F. REED 1906 N. MAPLE GROVE ROAD BOISE, IDAHO 83704 -- TAX #S1109438780 ROY M. PAGENKOPF AND JOANN PAGENKOPF _,,, 3815 BAJA BOISE, IDAHO 83709 TAR #S1109438830 "` F & L INVESTMENTS CO. 11700 FRANKLIN ROAD BOISE, IDAHO 83709 ~. TAR #S1109438870 KENNETH CHARLES ELLIS AND THERESA L. ELLIS 4260 E. FRANKLIN MERIDIAN, IDAHO 83642 TAR #51109438905 -~ BURNELL K. SEMRAU AND MARY ELIZABETH SEMRAU TRUSTEES 330 HEARTHSTONE DRIVE „_, BOISE, IDAHO 83702 TAX #S1109438930 AARON W. KREGER AND JANICE E. KREGER "' 4390 E. FRANKLIN ROAD MERIDIAN, IDAHO 83642 TAX #51109438960 LTD COMPANY P.O. BOX 40 MERIDIAN, IDAHO 83642 TAX #51109449000 RONALD W. VAN AUKER ~- 3084 EAST LANARK MERIDIAN, IDAHO 83642 TAX #S1109417325 LAWRENCE PAUL INECK AND MELANIE ANN INECK 4421 E. DRIFTWOOD DRIVE BOISE, IDAHO 83704 TAX #R93I9120390 4 LAWRENCE F. THOMS 4439 DRIFTWOOD DRIVE "' MERIDIAN, IDAHO 83642 TA% #89319120380 .., GUY ENGELHARDT, TERESA ENGLEHARDT AND KEVIN M. ENGLEHARDT 4457 E. DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAX #89319120370 WARREN L. MILLER AND DENISE A. CONANT ~-- 4493 E. DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAx #R93I9I20350 ROBERT JOSEPH WOODS AND CATHERINE ANN WOODS 4475 E. DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAx #R9319I20360 KURTIS R. FULLER AND MARILYN K. FULLER 4511 E. DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAX #89319120340 JOHN A. DARCH AND SEBRENA L. DARCH 4422 E. DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAx #89319120200 RANDY R. CHEEVER 4440 E. DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAX #89319120190 PHILIP F. DELLAQUILA AND VICTORIA A. DELLAQUILA 4458 E DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAx #89319120180 HAUN GROUP INC. 1707 LINDA VISTA #207 BOISE, IDAHO 83704 TAx #89319120170 LIFESTYLE HOMES INC. 680 N. 9TH BOISE, IDAHO 83702 TAX #89319120160 5 /"~. BRADLEY D. RUMSEY AND JULIE D. RUMSEY 4512 E. DRIFTWOOD DRIVE MERIDIAN, IDAHO 83642 TAX #89319120150 ,..., CAROL MAYER MARSHALL 225 10TH AVE SAN FRANCISCO, CALIFORNIA 94118 TAX #S1109131500 RAMON J. YORGASON AND MARILYN YORGASON 2304 N. COLE ROAD BOISE, IDAHO 83704 TAX #S1109222985 DARWIN L. BUCHANAN AND JERRON R. MOORE 600 N. EAGLE ROAD MERIDIAN, IDAHO 83642 TAX #81527260110 KEITH D. STEIN P.O. BOX 9367 BOISE, IDAHO 83707 TAX ##81527260122 TAR #81527260145 JACKSON OIL COMPANY P.O. BOX 488 MERIDIAN, IDAHO 83642 TAX #81527260155 JOHN D. JACKSON 3500 COMMERCIAL COURT MERIDIAN, IDAHO 83642 TAX #81527260160 COORS DISTRIBUTING COMPANY 3225 COMMERCIAL COURT MERIDIAN, IDAHO 83642 TAX #81527260025 ALBERTSON'S INC. 250 PARKCENTER BOULEVARD BOISE, IDAHO 83726 TAX #81527260080 TAR #S1109315380 ,~'~ 6 .'`'` AFFIDAVIT OF COMPLIANCE June 17, 1994 ... City of Meridian, Idaho Attention: Shari Stiles, Planning Director --~ I understand the necessity of and commit to the posting of the Ronald Van Auker annexation site by July 5, 1994, which is seven (7) days prior to the public hearing before the Meridian Planning and Zoning Commission. .~ ~ __ Mike Shrewsberry, rojec Hager, Roylance and Associates, P. A. ... STATE OF IDAHO ) ss County of Ada ) On this ~~day of 1994 befor Not1Y11--~ public, in a'tl for the said State a me, the undersigned, a i~E~~153rt.22~~ personally appeared subscribed to the foregoing inst ument and acknowled tae person whose name is same. ge to me that he executed the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. . r s'2 ~' ~~ . `, _V L , 1 ~ `,~ Notary Public for Idaho ` ~ `, ~ `' ~ ~ G Residing at:_ ~~~~~=,~~(f "i~`~ -~ Idaho ~~ _ (Sea/) ~~-, -{ ~, ~,i Ce `. ^ c~~ .>~ -- __ a m ~~-"+ ~pira~w_ ~a111Gi1~ e f t ~~~~ ~~ ~~ii ~, ~ ~~ f~ ~f ~f t ~~ ~~ I