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Summerfield Subdivision No. 3 FP OFFICIALS WILLIAM G. BERG, JR., City Cterk 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-221 I GRANT P. KINGSFORD Mayor • COUNCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 12 TRANSMITTAL DATE: 3130/94 HEARING DATE: 4/19/94 REQUEST: Final Plat: SummelrField Subdivision No. 3 BY: Max Boesi er and Hubble En ineerin LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z 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 -FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~, 3 0 ~~~~ ,\~ ENGIiyF~ • • `~ ~`~ RUBBLE ENGINEERING, INC. ~ ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9y0 SURV~yOQ, March 3, 1994 Ms. Shari Stiles City Planner City of Meridian 33 East Idaho Street Meridian, Idaho 83642 RE: Summerfield Subdivision No. 3 Dear Ms. Stiles, On behalf of our client we hereby submit the final plat application for Summerfield Subdivision No. 3. We request that this final plat application be heard on the same City Council hearing date as the Boesiger-Summerfield Annexation Application. The final plat of Summerfield Subdivision No. 3 is in accordance with the conditions of approval of the preliminary plat and the provisions of the City of Meridian Subdivision Ordinance. Existing sewer and water mains will be extended to serve this phase. Streets, curbs, gutters, and sidewalks will be constructed to standards as required by the Ada County Highway District and Meridian City Ordinance. All sidewalks will be five (5) feet in width. Please confirm the hearing date in which this final plat will be heard by the Meridian City Council. Thank you for your time and consideration. Please do not hesitate to call if you have any questions. Sincerely, ~~.(1.1-ULt/a- Tracey Persons Asst. Project Coordinator i:~finlplat.ltr 16 1S 14 13 12 11 10 0 i 1 2 ~ 1 13 I 2 14 ~ a 3 I 4 ~ I 3 13 ~ S 4 12 I d I b S 11 ~ I 4 ~~ Q 10 ~ 7 ~ ~ 3 22 ~ ~ a 2 -, ~ 1 ~ `` 24 ~ ~ ---- Z7 2S 2a ~ ~ ~ ~~~~~ ~ ~' - ~ ' - 30 24 ~ ~ ~ ~ I u ~ ti ~ L J REf~UES? FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION FINAL PLAT APPLICATION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the mantl•,ly meeting following the month the request. was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P. M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, ~ummerfield Subdivision No. 3 2. General Location, S1/2 of the SW 1/4, Section 32, T.4N. , R. lE. , B.M. 3. Owners of record, _ N~ax A. BoesiQer. Inc. Address, .479 lPnwoodt D ~VP_ Boi .2ip8 7 3 Telephone.(.208)_853-200 4. Applicant, Max A. Bo tiger. Inc. Address, 6479 Glenwood, Boise, Idaho 83703 5. Engineer, _,Tames C. Merkle Firm Hubble Engineering, Inc. Addressg55n B h ~ ourt. Boise Zip 83709 Telephone (208)322-8992 !~ 6. Name and address to receive City billings: Name Applicant Address Telephone PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres 19.25 2. Number of lots _~4 3. Lots per acre ~ _ 32 .~h.: 4. Density per acre 3.32 . : ~= ,.: :;: 3. Zoning Classificationta) _ R-4 ' "• ~~ .:::: • :•ru 1 • • 6. If the proposed subdivision is outside tt,e Meridiar, City Limits but within the jurisdictional mile, what is the existing zoning classif ication NA 7. Does the plat border a potential green belt _N~ 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain NA 10. Are there proposed dedications of common areas? No Explain NA For future parks? N„ Explain Na il. Wt,at school (s ) service the area Meridian do you propose any agreements for future school sites No ExplainNA 12. Other proposed amenities to the City X Water Supply x Fire Department Sanitary Sewer Other Explain 13. Type or Building (Residential, Commercial, Industrial or combination) Residential 14. Type of Dwelling(s) Single Family. Duplexes, Multiplexes, other Si ngl a Fami 1 ~ S5. Proposed Development features: a. Minimum square footage of lot (s ), 8,000 Square Feet b. Minimum square footage of structure (s) 1500 Square Feet c. Are garages provides for, Yes square footage 420 Sg. Ft. d. Are other coverings provided for No e. Landscaping has been provided for No Describe (2) ~1 .,~.'i.~,~.. f: . ~~g a • ~ . • ~. • • f. Trees will be provided for No Trees will be maintained NA g. Sprinkler systems are provided for No h. Are there multiple units No Type remarks NA i. Are there special set back requirements No . Explain Na j. Has off street parking been provided for No ,Explain NA k. Value range of property,~130,000 - $180.000 1. Type of f financing f or development Standard m. Protective covenants were submitted No . Date Future • 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets. curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. ~. Proposed use is in conf ormance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include ell appropriate easements. 6. Street names must not conflict rith City grid system. (3) ,j, . ~• ~ ,_.: ,_~. ,:~. ,~,• ~' ,~ ~~ r • OPTION TO PURCHASE AGREEMENT ~u,hUluJt ~ ~ THIS AGREEMENT is made and entered into this ,z~ day of September 1993, by and between the Vienna; P. Vaughn Trust herein referred to as "VAUGHN" and MAX A. BOESIGER INC.. and Idaho corporation. herein referred to as "H4ESIGER". The patties agree as i'ollows~ A. VAUGHN owns the real property on Ustick Road near the intersection of Locust Grove described asp Parcel A. (20 acres). more or less, as described on Exhibit "A" attached hereto and by this reference incorporated herein. Parcel "A" does not include the portion in the southeast corner containing the house and outbuildings and having approximately 90' frontage on Ustick Road and approximately 325' depth {exact dimensions will be generated from the final plat design). The real property is located in Ada County, Idaho. and is hereinafter referred to as Parcel A. . $. The parties have agreed that Boesiger shall have the option to purchase the subject property under the terms and conditions herein~lfter set forth.~• 1. PAYMENT FOR OPTION ON PARCEL A. 1.01. Soesiger has paid the aunt of FIVE THOUSAND AND NQ/100 DOLLARS {55000.00) to Vaughn which is non- refundable upon execution of this agreement. This option money shall be credited to the purchase price of the dption Agreement -1- FEB 23 '94 14:16 PAGE.003 • • the amount due fox the release of the Warranty Deed. deliver the Warranty Deed to Boesiger and deliver the money so paid to Vaughn. Boesiger agrees to pay all closing costs excluding any real estate commission. Boesiger agrees to bring utilities (underground electricity. phone, Cable t.v.. gas and sewer) to residence at 2180 E. Ustick. Boesiger agrees to hook up sewer to said residence. Boesiger agrees to Quild fence on west and earth side of 2180 $. Ustick residence. 4. RE5TRIGTIONS ON ASSIGNMENT. Boesiger shall not have the right to assign its rights under this option without prior written consent of Vaughn, 5. WARRANTY DEEDS / WARRANTIES. 5.01. At closing. Vaughn shall deliver to Boesiger a Warranty Aeed to the property beln$ acquired under the terms and conditions of this option agreement. The subiect property shall be free and clear of all liens and encumbrances. e7tccpt far easements. rights of way. and encumbrances of record. and those obviously existing upon the subject property. Vaughn Gill pay far title insur$nce• 5.02. Vaughn makes no warranties as to zoning, boil condition. or the suitability of the property for development and Boesiger covenants and agrees to nntion Artreemen# -3- 3 '94 14:16 PAGE.005 E I•i , • property.' 1.02. Tn addition to the aforesaid option money and as a condition of this option. Boesiger agrees to pay all water assessments, real property taxes, and assessments of every kind and nature levied or assessed against the real property described as Parcel A in Bxhibit "A" tv the extent attributable to any period of time after Sept. 1. 1993. Vaughn shall pay any such assessment levy or taxes and present a bill to Boesiger. If Boesiger fails to reitsburse Vaughn for the amount so paid within thirty (30) days from the date ouch bill is presented, then Boesiger shall have no further option to purchase parcel A and all purchase money paid shall remain the sole property of Vaughn. 2. OPTION PRICE TO PURCHASE - PARCEL A. The purchase price df parcel A shall be FIFTBEN THOUSAND FIVE HUNDRED DOLLARS per acreR payable upon final plat approval by the City of Meridian, but na later than March 1, 1994. 3. CLOSING. Closing agent shall be Pioneer Title Go. of Boise. Id. Boesiger shall give Vaughn 30 days notiCe~ in writing. of intent to exercise. Vaughn will direct the ~ closing agent to prepare deeds conveying the property requested by Boesiger upon receipt of the legal description thereof, and tv act in accordance with the terms and i ~ conditions of this agreement and any written modifications ~ thereto. The closing agent shall, upon payment by Boesiger of Option Agreement -2- ~ '94 14:16 • • 31-:i GTGJ i11V• LV40~. n • • . ~ r . • accept the property "as is" without Warranty. 6. NO LIENS / IMPROVEMENTS. ETC. 13oesiger covenants and agrees to incuz no liens to the property until 13oesiger is the owner of recazd of the subiect property. 9. NOTICES. Any notice to be given under and pursuant to the terms of the Option Agreement shall be deemed delivered when mailed through. the United States certified mail. postage prepaid. return receipt requested. addressed to the respective parties hereto at the lolloWing addresses In the case of Vaughn: Bill Vaughn (714) 8571772 17692 Cassia Tree Lane Irvine, CA. 92715--2823 In the case of 8oesiger~ Max A. 13oesiger Inc. 6479 Glenwood, Suite. A Boise, id. 83703 (208) 853-2001 10. NON-RECORDATION. The parties agree that neither thin Agreement rior any memorandum hereafter shall be retarded with the County Recorder or any other entity. ii. ATTORNEY FEES AND COSTS. In the event either party hereto shall commence any action involving this dption Agreement, the prevailing party in such litigation. as determined by the court, shall be entitled to judgement n., ~ 1 ,.., ~ ,... ,....~ ., ... ~ .. '94 14:17 • against the other party for the prevailing parry's reasonable attorney fees and costs artd expenses of suit, to addition to fire otl~ex relief granted by ll~e Court, inc]uding such fees, cr~sls and expenses oft appeal thereof. 12. [3INIlINU Irl~l'f:C'x. 'T'his agreement shall be binding upon file heirs, administrytors, executors. and successors and assigns of fire respective parties hereto. 13. 1Nbl?,MN1I;ICA7~~k(lN. Eloesiger agrees to indemni [y and hvlcl harmless Vaughn against any liability arising from Uoesigez's developtnt;tit of Ibis property. 5IsLLIRS: Vienna C'. Vaughtr Trus t e ~ '~"4-' Y William T. Vau hn, r., Co--Trustee By -~ -- - Charles )3. Vaugh r Co-mrus~ee vk>Ilon Agreement -S- FEB 23 '94 14:17 PAGE.007 .' • • BUY1r1ZS: ~. Max A. Boesiger Inc.. an Idaho Corporation By, Max A. Boesiger ]r. pPres ent STATE OF lI)AHa ) ss. County of Ada l On this 20th day of September. 1993. before me the. undersigned Notary Publics personally appeared Max A. Soesiger, ]r. known to me or acknowledged to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHE1iE0P~ I have hereunto set my hand and seal the day and year in this acknowledgm nt first above written. ,~~~~ lUrt~~~~~~ +''~~ p ~~~, Nota y Public for Idaho y~.~~+~4tiy~•~~~~~•s~4^~~~i~M Residing 8 t 1301 S@, Idaho t",.,~OTA/~~,,•~~ ~ Aiy Commission Expires 7/$/97. ,~ A ~ j ''11 r i ~` ~~%~~~tOFt~ 4~~.~. Option Agreement -6~ '94 14:1? • . S'T'ATE OF WASHINGTON ) s5. County of King ) C1n this September~)~i ~ 1993, before me a Notary Public iknown for said State, personally appeared William T. Vaughn, Jr., or identified to me to be the person whose name is subscribed to the foregoing iawled edtto me that 5heee ec ted the same asasuch Txust, and ackn 5 trustee. ~a ry--Public for Washington, Ftesidinq at ~~r" r~~~C• WA. My cammiss ion expires : /~•.~ ~% - ~' STATE OF NEVADA SS. county at White Pine) On this ~G~~b~r 1~ ~ 1993, before me a Notary Public in and for said State, personally appeared Cha~lea H. Vaughn, known or identified to me to be the person whose name is subscribed to the foregoing inatreamtotme$thatThegexecutedhthelsame as suchhtrustee. and acknowle q cry Pu ~6r Nevada, iding a NV. commis on expires: 6~.~%9~ -----~. _ ~'' •` • G! ~D6iYE GAYtE PATAAS ,. . ~;,~,*~,. NGm1RIPU&rC•STdF~ollk''d~D,f Wh:ty P!ho County • Afa~radA ~''~~'' APPT. ~Xp June s, f fl9R /1rh~ n.n Trrrti/~mnr~t .'7 .. 3 'qd ld: IEI FEB• 4 WED 14:16 MAX A. • EXHIE3I"f °A" The West 1./2 of Southeast 1/4 of Southwest 1/4, of Section 32. 'T'ownship 4 North, Range 1 East, Boise Meridian. in Ada County, Tdaho. excluding the residence situated thereon at 2T80 C. Ustick Road. b{eridian, Idaho 83642. nplion Agreement -8- -__ `,`~ ENGIiyF~~ • `' ~' RUBBLE ENGINEERING, INC. < 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329 9y0 SU R V ~yOQ. Project No. 94008 February 22, 1994 DESCRIPTION OF SUMMERFIELD SUBDIVISION NO. 3 FOR MAX A. BOESIGER, INC. A PORTION OF THE S1/2 SW1/4, SECTION 32, T.4N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the S1/2 of the SWi/4 of Section 32, T.4N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 5, T.3N., R.1 E., B.M., and the said Section 32; . thence South 89°43'17" West 2655.34 feet along the Southerly boundary of the said SW1/4 of Section 32, which is also the centerline of East Ustick Road, to a brass cap marking the section corner common to Section 6 and 31 and the said Sections 5 and 32; thence North 89°43'17" East 1325.40 feet along the said Southerly boundary of the SW1/4 of Section 32 to a point; thence North 0°16'43" West 45.00 feet to a 2-inch galvanized pipe with an iron pin and cap marking the REAL POINT OF BEGINNING (INITIAL POINT), also said point being the real point of beginning of Summerfield Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book of Plats at pages and ; thence along the Easterly boundary of the said Summerfield Subdivision No. 1 the following courses and distances to iron pins: continuing North 0°16'43" West 284.50 feet; thence North 53°23'50" West 80.00 feet; thence North 5°37'20" West 177.56 feet; Summerfield Subd. No. 3 Page 1 of 3 • ~ • Project No. 94008 February 22, 1994 thence leaving the said Easterly boundary of Summerfield Subdivision No. 1 the following courses and distances to iron pins: North 84°22'40" East 22.52 feet to a point of curve; thence Northeasterly along a curve to the right 16.89 feet, said curve having a central angle of 6°54'39", a radius of 140.00 feet and a long chord of 16.88 feet bearing North 87°50'00" East to a point of ending of curve; thence North 1°17'20" East 102.18 feet; thence South 81°00'55" East 58.72 feet; thence North 17°38'45" East 148.78 feet; thence South 72°21'15" East 9.24 feet; thence North 15°53'43" East 85.00 feet; thence North 19°54'59" West 66.92 feet; thence North 23°29'52" West 104.39 feet; thence North 63°14'10" West 55.34 feet; thence North 26°45'50" West 126.32 feet; thence South 87°14'32" West 26.66 feet to a point of curve; thence Southwesterly along a curve to the right 8.21 feet, said curve having a central angle of 3°08'13", a radius of 150.00 feet and a long chord of 8.21 feet bearing South 88°48'39" West to a point of ending of curve; thence North 0°22'45" East 50.00 feet; thence North 0°01'12" West 112.09 feet to a point marking the SW1/16 corner of the said Section 32, which is also the Northwest corner of the W1/2 of the SE1/4 of the said SW1/4 of Section 32; Summerfield Subd. No. 3 Page 2 of 3 r1 ~J Project No. 94008 February 22, 1994 thence North 89°48'53" East 663.49 feet along the Northerly boundary of the said W1/2 of the SE1/4 of the SW1/4 of Section 32 to a point marking the Northeast corner of the said Wi/2 of the SE1/4 of the SW1/4 of Section 32; thence South 0°01'36" East 1031.39 feet along the Easterly boundary of the said W1/2 of the SE1/4 of the SW1/4 of Section 32; thence South 89°43'17" West 90.00 feet along a line 295.00 feet Northerly of and parallel with the said Southerly boundary of the SW1/4 of Section 32; thence South 0°01'36" East 270.00 feet along a line 90.00 feet Westerly of and parallel with the said Easterly boundary of the W1/2 of the SE1/4 of the SW1/4 of Section 32 to a point on the Northerly right-of-way line of the said East Ustick Road; thence South 89°43'17" West 576.22 feet along the said Northerly right-of-way line of East Ustick Road to a point marking the Southeast corner of the said Summerfield Subdivision No. 1; thence North 0°16'43" West 20.00 feet along the said Easterly boundary of Summerfield Subdivision No. 1 to the point of beginning, comprising 19.25 acres, more or less. D. Terry Peugh, P.L.S. JCM/DTP/G LR/bh/852.des Summerfield Subd. No. 3 Page 3 of 3 Prepared by: NUBBLE ENGINEERING, INC. r r r r ro~ i. °r ~ N. LOCUST CROVE ROAD ~ ~ > ~~a p ~~ ti . ~ ~ N!~ ~ . ~ ~~~ ~6p ~q ~~~ ~ ~~ ~~ I ~ ,q ~~ ~ ~ ~ ~a ~~ ~~ ~ ~~n ~~ ~~ ~ ~ ~ g ~~ ~ 9 ~~ ~~ ~~ ~; r ~1~~ Q ~~ ~ R~^ 4 ~ ~~ §~ ~ 99 I~ ~~~i ~ ~ ~ ~ 5 ~ * ~° ~~ R ~~ ~ I M e ~ 5 ~ ~ ~ ~ ~ ~ 5 ~ 6M~ ~ &~A a 9~ A ~! ,~ rqs~~ Y;- = M z C rr..~~> S U M M E R F I E L O u~iN N'• u i ~ ~~~ sueoivisioN No. i ~ o~ $! $u ~~ ~ s~ 14i/ N 'A a~ I~ T it o ~! czi y l I NI I~ ~1N~ I I ~! 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I, ' - -- - _ •---•-- --~-r 1 i ~ i 1 .• ~~~ Ck. /!(Pty ., I .. . .. w G~ O • .. .. ~• 7 ~ su Owi ., ~ , .. _ NO ? n ~N e J ~~ ~ ~ n M ~ ~ M M N ~ ~ '.. ~. ~ ~ OPTION TO PUk~CHASE AGI2EEMEN'I' THIS AGREEMENT is made and entered into this ,•ZOth day of September 1993 by grid between the ViennaiF. Vaughn Trust herein referred to .as "VAUGHN" and MAX A. BOESIGER INC.. and Idaho corporation, herein referred to as "SOESIGER". The parties agree as followse A. VAUGHN owns the real property an Ustick Road near the intersection of Locust Grove described ass Parcel A. (20 acres}, more or less as described on Exhibit "A" attached hereto and by this reference incorporated herein. Parcel "A" does not include the portion in the southeast corner containing the house and outbuildings and having approximately 90' frontage on Ustick Road and approximately 325' depth (exact dimensions will be generated from the final plat design). The real property is located in Ada County, Idaho, and is hereinafter referred to as Parcel A. ~. The parties have agreed that Hoesiger shall have the option to purchase the subiect property under the terms and conditions hereinafter set forth.~~ 1. PAYMENT FOR OPTION ON PARCEL A. 1.01. goesiger has paid the sum of FIVE THOUSAND AND NQ/100 DOLLARS iS5000.00) to Vaughn which is non- refundable upon execution of this ggreement. This option money shall be credited to the purchase price of the Option Agreement -1- 1" CD-LJ- ?'1 W CL L'Y • L Y 1'11'1!1 h • D V C+? L V GR. / L 1`1 V • L V OOJJ V JJ I ~ 1" • bb e ' . accept the property "as is" without warranty. 5. NO LIENS / IMPROVEMENTS. ETC. Boesiger covenants and agrEes to incur no liens to the property until }3oesigex is the owner of recaxd of the subiect property. ~. NOTICES. Any notice to be given u'rtder and pursuant to the terms of the Option Agreement shall be deemed delivered when mailed through the United States certified mail, postage prepaid. return receipt requested. addressed to the respective parties hereto at the lollowing addxessesi In the case of Vaughns Bill Vaughn (714) 8571772 17692 Cassia Tree Lane Irvine, CA. 92715--2823 In the case of aaesigert Max A. Boesiger Inc. 6479 Glenwood, Suite. A Boise, Id. 83703 (208) 853-2001 10. NON-RECORDATION. The parties agree that neither this Agreement rior any memorandum hereafter shall be recorded with the County Recorder or any other entity. il. ATTORNEY-FEES AND COSTS. In the event either party hereto shall commence any action involving this Option Agreement, the prevailing party in such litigation. as determined by the court, shall be entitled to judgement • against the other party for the prevailing party's reasonable attorney fees and costs anJ expenses of suit. in addition to ll~e other relief granted by ll~e Court, including such fees, casts and expcrises an appeal thereof. 12. i3INl)ING ~FI~p;C'I". 'I'h(s agreement shall be binding upon file heirs, administrators. executors, and successoxs and assigtls of the respective part[es hereto. i3. IN~I~AiNll'1CA~"tON. Eloeslger agzees to indemni[y and hold harmless Vaughn against any liability arising from Uoesiget's development of Ibis property. 51s'trLCRS: Vienna f. Vaughn Ttust B U ~-. Y William T. Vau hn, r., Co--Trustee By ~ / Charles 13. Vaugh , Co-Trustee Uhl ion 1lgreement -S° SUYEI2S: •, Max A. Boes i ger Inc . ~ an Idaho Corporation ~y~ Max A. gaesiger lr. Pres ent STATE OF IDAHO ) ss. County of Ada l • On this 20th day of September 1993. before me the. undersigned Notary Public personally appeared Max A. Soesiger. Ir, known to me ar acknowledged to me to be the person whose name is subscribed to the foregoin& instrument and acknowledged to me that he executed the same.. 1N WITNESS WHEREOF, I have hereunto set my hand and seal the day and year in this acknowledgm nt first above written. ,~~r~ r~~rtr~rgi ••~ N bQ '~4 Nota y Public for Idaho ~~`', ~y,.''""'~•,rC~+'•, Residing a t 9oi se, Idaho ~' fi4;~pTA/~ ~'~~~+"•„ My Commission Expires 7/8/97. ~ ~ s ',r ~ .~,,.. i w ~ ~ ~ ~. ~a• '+~~.~ •••.... 4 ~• ~~ ~, ment -6~ STATE OF WASHINGTON ) ss. County of King ) On this September~)~i , 1993, before me a Notary Public in and for said State, personally appeared William T. Vaughn, Jr., known or identified to me to be the person whose name is subscribed to the foregoing instrument as Co-Trustee of The Vienna F. Vaughn Txust, and acknowledged to me that he executed the same as such trustee. No ry°Public .for Washington, Residing at ~~r" r•G~C. WA• , My commission expires: /_,;;)~,,~ ~j-~ STATE OF NEVApA s5. County of White Pine) On this OC~lf'b~r ~$ ~ 1993, before me a Notary Public in and for said State, personally appeared chaxles B. Vaughn, known or identified to me to be the person whose name is subscribed to the foregoing instrument as Co-Trustee of The Vienna F. Vaughn Trugt, and acknowledged to me that he executed the same as sucht~rustee. tart' Pu r Nevada, esiding a y commiss NV' on expires: 6~g~9 ~ ~~ ,,, ,. /~ / GAYtE PAIRAS F olllF'Ll p,} .~~- tom,; ~~ • ~~- ' YVt+:t~ P!nc County . ~avad~ APPT CXP. Junc S, 1Q94 REE-23-94 WED 14:15 MAi'. A.~ESIGER, INC. ~XH 1 H I'f "A" P.10 208i8530~r The West k/2 of Southeast 1/4 of SoutT~west 1/4, of SintAda 32. 'fownshi~ 4 North, Range 1 East. Boise Meridian. County, Idaho. excluding the residence situated thereon at 2k£io E. Ust ick Road, Meridian, Idaho 83642. pption Agreement -8- • • '" "~' RUBBLE ENGINEERING, INC. ~ y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9~0 SURVEyOQ Project No. 94008 February 22, 1994 DESCRIPTION OF SUMMERFIELD SUBDIVISION NO. 3 FOR MAX A. BOESIGER, INC. A PORTION OF THE S1/2 SW1/4, SECTION 32, T.4N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the S1/2 of the SW1/4 of Section 32, T.4N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 5, T.3N., R.1 E., B.M., and the said Section 32; thence South 89°43'17" West 2655.34 feet along the Southerly boundary of the said SW1/4 of Section 32, which is also the centerline of East Ustick Road, to a brass cap marking the section corner common to Section 6 and 31 and the said Sections 5 and 32; thence North 89°43'17" East 1325.40 feet along the said Southerly boundary of the SW1/4 of Section 32 to a point; thence North 0°16'43" West 45.00 feet to a 2-inch galvanized pipe with an iron pin and cap marking the REAL POINT OF BEGINNING (INITIAL POINT), also said point being the real point of beginning of Summerfield Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book of Plats at pages and ; thence along the Easterly boundary of the said Summerfield Subdivision No. 1 the following courses and distances to iron pins: continuing North 0°16'43" West 284.50 feet; -thence North 53°23'50" West 80.00 feet; thence North 5°37'20" West 177.56 feet; Summerfield Subd. No. 3 Page 1 of 3 u Project No. 94008 February 22, 1994 thence leaving the said Easterly boundary of Summerfield Subdivision No. 1 the following courses and distances to iron pins: North 84°22'40" East 22.52 feet to a point of curve; thence Northeasterly along a curve to the right 16.89 feet, said curve having a central angle of 6°54'39", a radius of 140.00 feet and a long chord of 16.88 feet bearing North 87°50'00" East to a point of ending of curve; thence North 1°17'20" East 102.18 feet; thence South 81°00'55" East 58.72 feet; thence North 17°38'45" East 148.78 feet; thence South 72°21'15" East 9.24 feet; thence North 15°53'43" East 85.00 feet; thence North 19°54'59" West 66.92 feet; thence North 23°29'52" West 104.39 feet; thence North 63°14'10" West 55.34 feet; thence North 26°45'50" West 126.32 feet; thence South 87°14'32" West 26.66 feet to a point of curve; thence Southwesterly along a curve to the right 8.21 feet, said curve having a central angle of 3°08'13", a radius of 150.00 feet and a long chord of 8.21 feet bearing South 88°48'39" West to a point of ending of curve; thence North 0°22'45" East 50.00 feet; thence North 0°01'12" West 112.09 feet to a point marking the SW1/16 corner of the said Section 32, which is also the Northwest corner of the W1 /2 of the SE1 /4 of the said SW 1 /4 of Section 32; Summerfield Subd. No. 3 Page 2 of 3 Project No. 94008 February 22, 1994 thence North 89°48'53" East 663.49 feet along the Northerly boundary of the said W1/2 of the SE1/4 of the SW1/4 of Section 32 to a point marking the Northeast corner of the said W1/2 of the SE1/4 of the SW1/4 of Section 32; thence South 0°01'36" East 1031.39 feet along the Easterly boundary of the said W1/2 of the SE1/4 of the SW1/4 of Section 32; thence South 89°43'17" .West 90.00 feet along a line 295.00 feet Northerly of and parallel with the said Southerly boundary of the SW1/4 of Section 32; thence South 0°01'36" East 270.00 feet along a line 90.00 feet Westerly of and parallel with the said Easterly boundary of the W1/2 of the SE1/4 of the SW1/4 of Section 32 to a point on the Northerly right-of-way line of the said East Ustick Road; thence South 89°43'17" West 576.22 feet along the said Northerly right-of-way line of East Ustick Road to a point marking the Southeast corner of the said Summerfield Subdivision No. 1; thence North 0°16'43" West 20.00 feet along the said Easterly boundary of Summerfield Subdivision No. 1 to the point of beginning, comprising 19.25 acres, more or less. 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Vista. Boise. ID _" _ ... 38 705 - - - -- :: ~_ RE~`~....._ WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of .Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning of that certain property described in Exhibit "A", and requested zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 1 • WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said Citv Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that alt such single-family houses shall have at least 1,500 square feet of floor space for single-level homes and at least 1, 800 square feet of floor space for double- level homes, exclusive of garages. 3. That the property zoned RR=4, described in "Exhibit A", shall have iot sizes of at least eight thousand (8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the RR=4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots as shown on the approved final plat, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations. water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks. pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, cross drains, street, 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 2 • • street surfacing, street signs, and barricades as well as anv and all other improvements shown on the Subdivision Improvement Plans. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings ~ and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb, gutter and sidewalk alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb, gutter and sidewalk, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. 11. That DEVELOPER agrees, that upon a finding by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 3 • • DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPERt has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any ('ertificates of Occup~cv within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5%) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 4 and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the fmancing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 5 • 16. That DEVELOPER agrees that no ['Prt~ficates of OcculLancv will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no ('ertificates of Occup~ncv shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: MAX BOESI ER Inc. 2ad7 4 Victa R(11CP ID 83705 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER'S heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. DEVELOPER: MAX BOESIGER. Inc. Bv: ~ ` Name: Max B si er Title: President By; ~~~-~ r--U-~.a-~-~s~1 Name: " ~ ~ ~. ~ ~ f~ ~~- ~ . ~ <- Title: ~ - ~ ~ r ~ .~t~~ CITY OF MERIDIAN 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Pale 7 • • STATE OF IDAHO ) County of Ada SS. On this ~ R° day of ~_ ~~u~ F~_, 1995, before me, the undersigned, a Notary Pufilic in and for said State, personally appea~d Max BoesiQer and esi e ~ known, or proved to me, to be the President and Secretary of said corporation that execu d this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. •~.- .,i O' •t~N ~~S ~~~ 4"~~4~a'~pTAR~ ,~~p ~' . Y ~' ~ air O a• ~ ~ ,°~ (SEAL) - ~~ '. ,p G ~, ~, ~.~ UB LZ ~~• p ~~. '~.,'?q '•~.....•' ~,~'~.. STATE OF IDAHO ) SS. County of Ada ) Notary blic for aho Residing at: My Commission Expires: ~ ~-y7 On this ~~d day of _~.J ~.k~,,~~,,~_, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. `,491ttt"19QOi~~s, ~~~` ~J ~ L . /~ i~Is ~ rye,;.. ~ <.,~ .,a~ ~ °3 Rr :l '~~ ~ f7 a .,, ~, . (SEAL) E; r,, ~_> :, ,~ ~~ .,~ ~; =r ~ ~~. .~; -~• ~, .~ T ~ ; ',,~~/Iiti,i Sii~1,619y. • ~. N tary ublic for Idaho R s' ng at: ~'/JPr i d~~ - My Commission Expires: o ~/o~ /9g 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 8 `~ ENG~ryF~ • • V~ 4s RUBBLE ENGINEERING, INC. ~ 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 2081378.0329 9~~ SuRV~~o~ Project No. 94008 February 22, 1994 DESCRIPTION OF SUMMERFIELD SUBDIVISION NO. 3 FOR MAX A. BOESIGER, INC. A PORTION OF THE S1/2 SWi/4, SECTION 32, T.4N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land lying in a portion of the S1/2 of the SW1/4 of Section 32, T.4N., R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 5, T.3N., R.1 E., B.M., and the said Section 32; thence South 89°43'17" West 2655.34 feet along the Southerly boundary of the said SW1/4 of Section 32, which is also the centerline of East Ustick Road, to a brass cap marking the section corner common to Section 6 and 31 and the said Sections 5 and 32; thence North 89°43'17" East 1325.40 feet along the said Southerly boundary of the SW1/4 of Section 32 to a point; thence North 0°16'43" West 45.00 feet to a 2-inch galvanized pipe with an iron pin and cap marking the REAL POINT OF BEGINNING (INITIAL POINT), also said point being the real point of beginning of Summerfield Subdivision No. 1, as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book of Plats at pages and ; thence along the Easterly boundary of the said Summerfield Subdivision No. 1 the following courses and distances to iron pins: continuing North 0°16'43" West 284.50 feet; thence North 53°23'50" West 80.00 feet; thence North 5°37'20" West 177.56 feet; Summerfield Subd. No. 3 Page 1 of 3 EXHIBIT A • • Project No. 94008 February 22, 1994 thence leaving the said Easterly boundary of Summerfield Subdivision No. 1 the following courses and distances to iron pins: North 84°22'40" East 22.52 feet to a point of curve; thence Northeasterly along a curve to the right 16.89 feet, said curve having a central angle of 6°54'39", a radius of 140.00 feet and a long chord of 16.88 feet bearing North 87°50'00" East to a point of ending of curve; thence North 1°17'20" East 102.18 feet; thence South 81°00'55" East 58.72 feet; thence North 17°38'45" East 148.78 feet; thence South 72°21'15" East 9.24 feet; thence North 15°53'43" East 85.00 feet; thence North 19°54'59" West 66.92 feet; thence North 23°29'52" West 104.39 feet; thence North 63°14'10" West 55.34 feet; thence North 26°45'50" West 126.32 feet; thence South 87°14'32" West 26.66 feet to a point of curve; thence Southwesterly along a curve to the right 8.21 feet, said curve having a central angle of 3°08'13", a radius of 150.00 feet and a long chord of 8.21 feet bearing South 88°48'39" West to a point of ending of curve; thence North 0°22'45" East 50.00 feet; thence North 0°01'12" West 112.09 feet to a point marking the SW1/16 corner of the said Section 32, which is also the Northwest corner of the Wi/2 of the SE1/4 of the said SW1/4 of Section 32; Summerfield Subd. No. 3 Page 2 of 3 EXHIBIT A Project No. 94008 C~ February 22, 1994 thence North 89°48'53" East 663.49 feet along the Northerly boundary of the said W1 /2 of the SE1 /4 of the SW1 /4 of Section 32 to a point marking the Northeast corner of the said W1/2 of the SE1/4 of the SW1/4 of Section 32; thence South 0°01'36" East 1031.39 feet along the Easterly boundary of the said W1/2 of the SE1/4 of the SW1/4 of Section 32; thence South 89°43'17" West 90.00 feet along a line 295.00 feet Northerly of and parallel with the said Southerly boundary of the SW1/4 of Section 32; thence South 0°01'36" East 270.00 feet along a line 90.00 feet Westerly of and parallel with the said Easterly boundary of the W1/2 of the SE1/4 of the SW1/4 of Section 32 to a point on the Northerly right-of-way line of the said East Ustick Road; thence South 89°43'17" West 576.22 feet along the said Northerly right-of-way line of East Ustick Road to a point marking the Southeast corner of the said Summe~eld Subdivision No. 1; thence North 0°16'43" West 20.00 feet along the said Easterly boundary of Summerfield Subdivision No. 1 to the point of beginning, comprising 19.25 acres, more or less. D. Terry Peugh, P.L.S. JCM/DTP/GLR/bh/852.des Summerfield Subd. No. 3 Page3of3 EXHIBIT A Prepared by: RUBBLE ENGINEERING, INC. • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND MAX BOESIGER, INC. Summerfield Subdivision No. 3 is comprised of 63 single-family dwelling units with an overall density of 3.27 dwelling units per acre; density of the entire Summerfield development shall not exceed 3.0 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property; submit approvals and/or executed license agreements from appropriate agency. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines, and extend and construct sewer and water lines through to outermost boundaries of the property. 3. Construct streets to and within the property in accordance with Ada County Highway District and City of Meridian standards. 4. Dedicate the necessary land from the centerline of Ustick Road for public right-of-way, including any necessary bike lanes. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space Corridors), and L. (Pedestrian Bike Pathways). 7. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. E. Construct a minimum twenty-foot (20') landscaped berm along Ustick Road to be maintained by the Summerfield Homeowners Association. g , Provide pressurized irrigation to all lots within this subdivision. lo. Provide perimeter fencing prior to construction. EXHIBIT "B" 12/22/94 SUMMERFIELD SUBDIVISION NO. 3 DEVELOPMENT AGREEMENT Page 1 of 2 Invoice Invoice Number: 95-101 Date: April 4,1995 City ~ Meridian 33 East Idalw Meridian, ID 83642 (208)888-4433 fax (20887-4813 T0: Mail to (if different address): Max ibesiger, Inc. 2441 S. Vista Boise, ID 83105 QTY. DESCRIPTION UNIT PRICE TOTAL I RECORDING OF DEVELOPMENT AGREEMENT FOR SUMMERFIELD N0.3 39.00 39.00 0.00 0.00 0.~ 0.00 0.00 0.00 SUBTOTAL 39.00 TOTAL DUE 539.00 Invoice Invoice Number: 95-100 Date: April 4,1995 Cite of Meridian 33 Fast Idaho Meridian, ID 83642 (208)888-4433 Fa~c (20887-4813 To: Mail to (if dNferent addressr Mau A. Boesiger, Inc. 2441 S. Ysta Avenue Boise, Idaho 83105 QTY. DESCRIPTION UNIT PRICE TOTAL. I RECORDING Of DEVELOPMENT AGREEMENT FOR WESTDALE N0.2 30.00 30.00 2 NOTICE OF P/H FOR ANNEXATION/10NING/PRELIMINARI PLAT FOR P 8 I MEETING 26.04 52.08 2 NOTICE OF P/N fOR ANNEXATIONRONING/PRELIMINARf PLAT fOR CITI COUNCIL MTG. 21.90 55.80 I CERTIFIED MAILING FEE FOA 2ND P/H 60.63 60.63 I ANNEXATION/IONING FILING FEE (SHORT FROM ORIGINAL FEE) 11.94 11.94 0.00 0.00 SUBTOTAL 210.45 TOTAL DUE 5210.45 i ~ECEI~E~D ADA COUNTY ASSESSOR APB _ ~ 199 650 Main Street CITY OF MERIDIAN Boise, ID 83702 (208)364-2400 SUhno+nERFIEL~ ~uB~IV C101V ~0-~ SEG ~ TwN. ~~ RNG.~ Name of Subdivision i?arcel Numbers Owners of Record ~ i4X GPs etS/GrE l~, ~'~`c-~ Co~~?~3l.no~ Codes. c~t~. 0 3 Sos 3~3~c• oo~- ( ~~ a~_ a 3 SoS3~-3 ~-c.~ D~ C,ad.-~ a~.e.R,. 03 Comments: T-r---- r3~ i(/o S P,C. ~ r (~-r-~ .fin- ~ ~ cy o 00 1 # ~ 7 i ~ •r- '¢ S~ ~Ga~.s~ iyc t~avG~~t ,~ Kui Reviewed by: ~/1iyQ . . ~v Acreage: • °~ s - Date: ~ • 3 0 • y~ r ~ • AVERSE PC Date: 3-30- 1995 Time: 14:29 Traverse summerfield ERROR SUMMARY: TRAVERSE SUMMARY: Relative 1 529282 Closed Loop Angular Horiz Length: 4186.142 ft Linear 0.008 ft Slope Length: 4186.142 ft Northing -0.007 ft Points 24 ~Easting 0.003 ft Area: 838711.565 sgft Elevation 0.000 ft 19.254 acres *Bearing S19_x00'S7" E ~~ from correct pt to closing pt CLOSING POINTS: TRAVERSE ADJUSTb1ENTS: None Northing Easting Elevation Initial Pt 1 0.00000 0.00000 0.00 Closing Pt 24 -0.00748 0.00258 0.00 Correct Pt 1 0.00000 0.00000 0.00 AVERSE P~: File:C:\TPC20'~titled.TR~% • urvey: Untitled raverse: summerfield F=1.000000000 Pt -- ----- -- ----- Northing - ---------- - ---------- Easting ---------- ---------- Bearing ----------- ----------- HorizDi ------- ------- Radius Delta ------- ----------- ------- ----------- 1 0.00000 0.00000 N 0x16'43"W 284.100 2 284.49664 -1.38343 N53x23'S0"W 80.000 3 332.19774 -65.60651 N 5137'20"W 177.560 4 508.90358 -83.00187 N84122'40"E 23.520 ~' ~ 511.10984 -60.59020 N87150'00"E 16.876 140.000 6x54'39" T 6 511.74787 -43.72615 N 1x17'20"E 102.180 7 613.90202 -41.4277? S81x00'S5"E 58.720 8 604.73165 16.57174 N17x38'45"E 148.780 9 746.51133 61.67176 572x21'15"E 9.240 10 743.71038 70.47700 N15x53'43"E 85.000 11 825.46031 93.75680 N19154' S9"UV 66.920 12 888.37788 ?0.96060 N23129'S2"«' 104.390 13 984.11139 ,'_.9.33890 N63114'10"W 55.390 14 1009.05433 -20.11716 N26x45'S0"E 126.320 IS 1121.84165 36.76662 587114':32"b1% 26.660 16 1120.55894 10.13749 588 x44' S4 „~~' .855 1 ~0 . OOU .).1'00' 44" r 1~ 1120.38670 2.25430 N 0100'44"R' 162.090 iS 1252.47669 2.2193 :59145' ~ 3"L 66 3.490 19 1254.62222 665.?0626 S 0x01 ' 36''E 1031.39 20 253.23233 666.18629 589.1-43 ' 1 ~ "R" ~}0 . OOO 21 352.7946~i 5?6.18735 S OIUl ~ 3Ei"F; ? %0.000 22 -1'.20538 5%6.3130=~ SS9143' 1"'GV X76.220 23 -20.0072=~ 0.09983 N Oxl6' 43''W 20.000 ' 24 -0.00?48 0.00255 ~; ' ~ • F'ri nt Key C;utput Page 1 6738^c~51 V2R3M0 931217 51021-E86 03/30/95 15:03:00 C;ispl~,y Device G;F'ADEV0004 user A5R2 TN~aRA F'FMR02 ~3a ~d E ~1 M A T E R U P D A T E A5R2 I1'drRA 3/30/95 Parcel 50a3234G702 Code Area 2r~ Type C,~ty Value ~ ACTIVE td,_rme MAX A E,~C~ES]:uER IP~lC: ~ 3 18.930 D~fi:a From ~ Master P,uYe1_ dank Code -~/'D Lien Codr. Address 6479 uLENWGuD PreFaid ~~UITE A L.I.D. 60TSE ID bankrupt s3 7o3 - o000 ~:ub.code Anexation ~_ast Change 95/Oi/09 Dy A5R2 DO1~J~dA From: Toi_a 1 To _egal PAR #G707_ ~F 5c4:aW4 ~~EC 32. 4N 1E Exemption #34G705 8 • ~~rp 000 1°yp 000 Ap C~4P~01C32G702 I+PJ 1E 32 hiardsi~ip -''"opcr'tY 2oni n~~ R-4 F 1,:~~~ address 02180 E ~J51"ICK RG MERIDIAN ID 83G42-0000 D.D. Type 1 REAL Roll 1 F'R1P•1ARY ~~;cc. 0 i`d~:~N-DCC: 2=~el~~ct F3=Exit F;7=Corre cted Notice FG=Lettars -ot Authori ;r.ed to ~tDD F:ea f F'roper•ty r Print Key Output Page 1 5738 SS1 V2R3M0 931217 5102 1{+8G 03/30f95 15:04:34 Gisp lay Device ~PADEV0004 User ASR2 INGRA F'FMR02 95 rr E 4J M A'=' T E R U F' G A T E ASR2 IPdGRA 3/30/95 _ ~~arcel 50532336002 Code Area ~ Type aty ACTIVE Value ~~,me MAX A B~JESTGER INC ~~ .010 Ga m Master ~=~uyer-• Bank Code _:/p Lien Code ~~ddr•ess 2447 S VISTA AVE Pre Paid L.I.G. BOISE ICS Bankrupt 83705 - 0000 ^ub.Code Anexation ~_,~5t Ch ange 95/01/09 By ASR2 DONNA From: 1"otal 1"0: '_e~~a1 PAR #GOO2 of Sw45dr4 sic 32 Orr 1E #33G01o 5 ~ 94 106407 Gr•p 000 Typ 000 Ap O4PrOtE32G002 4N 1E 32 Hardship ~roperty Joni ng R-4 Ac-idr?ss 00000 E '3UMMERHEIGHTS GR MERIGIAN ID Type 1 REAL Ro11 1 PRl""MARY =?=Select F3=Exit FS=Corr-•ected Notice F6=Lett?r•a -lot Authorized to AU[i k?G1 Property ExEmption F' 1 a g G.D. Occ . 0 PrO~r-OCC r • F'ri nt K~•y Uutpui~ ~~;~=' 1 57385'31 V2R3M0 931217 '31021486 03/3G/95 14:12:51 Gisp1~,y Gevice C;F'AGEV0002 li.~er . ASR2 INiiRA F'FMR02 95 P~ E W M A ~~ T E k U F' G A T E ASR2 ]:NC7RA 3/30/95 _ Pareel 50532336004 Code Area ~ 'type City AC"FIVE Value ~w,me MAX A E,UE.~TGER 7:P~1~,. ,~ .480 C)~,ta From ~ :,~ Mauer pryer-. Sank Code ~/U L.ien Gocle Addre:~s 2447 S VIS.fA AVE PrePai d L.X.D. BUISE fiALL:a IC• F3ankrupt 83 705 - 0000 Sul>.Code An~XatlOn ~_ast Chan~~e 05/01/09 e,y ASR2 G~JPdNA Frorn: Tpi:a 1 To _?,~al PAR ~k6004 ~aF SW43~W4 SEQ.: 3? lrN 1 E Exemption #336010 ::~ 94 106408 ~,rp 000 7yp 000 .Ap C~4i'd01E326004 4Pd 1E 32 hiardship -~roperty >oni ny R-4 f l~,g ~cidre•~~ QU000 E SUMMERHEIG HT'4 GR MERIDIAN ID G.G. 1"ype 1 REAL Ro11 1 PRIMARY Ucc. 0 PdUN-UCG -2=Se1ect f=3=Exit i=5=Corr•A cted Notice F6-Letter-••a got Author•i xeci to ~1GG Reca i Prc>perty y ti ^~- , , ~~ ~''~ h'>ovrr>;z Trri.r. ~OMPANY w' ' ~~ • r' OF ADA COUNTY ~,~; .,~. +r ~dliGn.'W~I r. 821 West State Strcct / 13oisc, Idaho 83702 (208) 336-6700 888 Nortll Cote Road /Boise, Idaho 83704 (203) 377-2700 r ~~ ~/~ ~ ~~,~~ ~C74 j(1[.t 1 _,~ 1,~; ?,~ )fit 1~~~ 13~ )ut st 1-jt if1~1W~ 7(ti 7tt Ii~taj? 1~,(1%; Il~t 1~ jt J~ j~ Ifj~ 1~ j~ 1fj~ lUt 1~(1~VUt 1u,• ~u~ ~ i~ li r, J jt ),~,t J:i~ iii l a'.1 Wit. l.; 1 ~a• J 3j 7i: ~ it.'J :7 =~ WARRANTY DEED .3 `` (INDIVIDUAL) ,~ ;~ UOR VALI;Ii RICIiIVGD WII.LIAPi T. VAUGIIN, JR. , ONE Oh 'fIIE SUCCESSOR CO TR.USTI:CS OP '1'A% VIENNA P. VAUG1iN LIVING TRUST CREATED BY WRI1"f EN lli?CLAI?ATION OC 'fitUS'1' U1~ FF:I:RUARY ;~ 18, 1991. GRANT'OR(s) dues (do),hcreby GRANT', IlARCiAIN, SLiLL ;uuf CONVGY auto i•1.1:: A. hOIiS] GER, li.C. , AN S IllAAO CORPORhflOid :a`, ;~$ GRAN'1'1?Ii(S), whoa curent addrrss is: 6479 C7.enwood, su'Ltc A, L'o1sc, Idaho 83703 ~~ +he following descrihed real pmprrty in ADA Cuumy. Sudr of Idaho, ;~ more lnrrticul:uiy described as follows, Ur wit: stio2o~87 PIONEER TITLE 3~~?~L 401SE 1!1 zf. ~ ~E~~~.~J t i~r ~ ~Dv~ ~t I -~sti ri~E~ a ~-i~T~ ~ s2 ~! FEE _~ ~ ~ GU ls~++ V i t• RECDi(i;c? ,,, ilr:: ~,."'~Ui.ST CF ff srncl nlrr>vF: roa Iu:col~n+NC Dnrn SEF. EXllIBIT "A" FOR LEGAL WHICH BY TATS REf F.RL~~CE IS P1ADI; A PART HCREOF CC. ~~ T..' ~~ ~~ ~^ 7~ :•!ilLiam 'f. Vaui;hn, Jr. , Succc^:;nr Co-'1'rr.t.^.tec of. the Vienna F. Vnu,;hn i.tvi.nlt '17ust _ _ _.. f ..1l _ TO 1;AVG AND TO BOLD the said premises, with their appurtenances unto the said Grantee(s), mnl Cir:mtccs(s) hc,rs and assi;;ns forever. Aud the said Grantor(s) dues (do) hereby covenant to :uxt with the said Grantee(s), the Grantor(s) is/arc the uw•ncr(s) in fce simple of said premises; tl;at said prcmiscs arc free from all encumbrances, fiXCGP'1' those to which this convcy:urcc is expressly made subject and those made, suffered or crone by tlur (~rantec(s); :md subject to reservations, res!rictions, der.lir;nions, rau•nrcnts, rights of way and agrecnrems, (if :ury) of record, and general taxes :urd asscssnrcnts, includes irri~;rtiun and utility ;rssrsrncros, (if any) fur +hc current 'year, which arc not yet due and payable, and Ihar Grantor(s) will ,ti~:urun and defend the name from all lawful claims whatsoever. Dalcd:IdARCII 3, 1994 !; R ~ti tiTATF OF _.-_ ._ .County of ___ -.j ~~ Onthu_ -___dayof__ ^} ________-_ _ _ , a Notary Public, personally appeared ~=! !~~ ;-~ known ur identified to me ut he tlu• t~crsun(s) whose name(s) ~--__-•._-- instrumcnr, :uul acknowlrci~~ccl ro nu• th:rt -_- he ---_ executed the s:uuc ~^ ~- r" ,~ S t~ r': ~: ~: ~: , in the vc;u cf __ _ _. i~cforc:nc --- -- -- - -- -- 'r .. _ _ sal„~_rib:•d In thr within ~, Nu:arv Pahlic: _ -- ~; i.i J • • a..,_,...ti,. f!a~axn 1 -...xe ~~-9 .... ... .._. ...,. ..._ _., s_ „r..... Lo.:_1, r, ,... ,.._ ... • 1~ pi - ~~ '~ EXHIF3IT A Fle Number: P129117 The land referred to in this Commitment is described as follows: THE LEGAL DESCRIPTION OF THE PROPERTY AS SET FORTH IN PARAGRAPH NO.S OF SCHEDULE A IS HEREBY AMENDED TO READ AS FOLLOWS: A PARCEL Or= LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER GF SECTION 3?_, TOWNSHIP 4 NORTH, RANGE i EAST, BOISE MERIDIAN, ADA COUIJTY, 1DAF10, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT TFIE CORNER COMMON TO SECTIONS 31 AND 32, TOWNSHIP 4 NORTH, RANGE t EAST, P,ND SECTIOIS S AND 6, TOWNSHIP 3 NORTFI, RANGE t EAST, BOISE MERIDIAN, FROM `/'IHICFI THE QUARTER CORNER COMMON TO SAIU SECTIONS 32 AND 5 BEARS NORTH 89 DEGREES 43'17" EAST, 2655.34 FEET; THENCE tJORTH r19 DEGREES 43'17" EAST, 1327.67 FEET TO THE WEST t/16 CORNER; THENCE NORTH 00 DL-GREE 00'44" WEST, 25.00 FEET TO A POINT ON T}-IE NOfiTH RIGt } T' OF WAY OF USTICI< ROAD AND THE REAL POINT OF BEGINNING. THENCE CONTINUING NORTH 00 DEGREE 00'44" WEST, 1302.47 FEET TO THE SOUTHWEST 1 / 1 G CORt•IER; THENCE NORTH 09 DEGREES 48'53" EAST, 663.49 FEET TO THE C-E-SOUTHWEST 1 /64 CORNER; ThIENCE SOUTFI 00 DEGREE 01'36" EAST, 1031.39 FEET ALONG THE EAST BOUNDARY OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES ^3'17" WEST, 90.00 FEET TO A POINT; THENCE SOUTH 00 DEGREE U1'36" EAST, 270.00 FEET TO A POIt•IT ON THE NORTIi R}GHT-OF-YdAY OF USTICK ROAD; THENCE SOUTH 89 DEGREES 43'17" WEST, 573.83 FEET TO THE POINT OF BEGINNING. END OF LL-GAL DESCRIPTION ACKNOVVLI;I)G61F.I~I'I'- Fiducirtr-y/Official :., lc~.nt:;•r;:!.I`tih:~;A'Yt i~ .+ ~ ~ iry f+,i~l ~ . '.:i ,,~ ., 1. 'b' rr ~ ...~~• ~. •~~ •r~ ! ;ne!n;r: ui:; w ~~ ,~ S'I'A'I'I•; UI~ ---P;eva~a_ ~ , i+n.m v. r. , C,ounl,y of . _-,., • ; • r•'V EY QXL r'F6GCL~L CCCrC n'GLLL^,~o • ,~ "Cr. On this _.~__ clay of .hia rch _- , in the year of _1JS±i_-. , bcfnre me E`a: en ;t. Uunham , n notary public, personally appcaretl ~}?lrle _A. 4:Z~~~hn ___, known or identified to me to be the person ~ti•hoce name is subscrit~ed to the ~ti•ithin instrument ;ts Succcrr:or _Cn-'I'ru_s_tee_ _ __- ;tnd ;zekt:uwledV;ed to me th;.it ._h^. __ executrtd the same as such Rnca~•e, hhi•riff, etc.l Succesr,•~r._(_o-'I'rirr:tec~_ -- of t}ie Vienna F. Vau};hn Livin;; 'Trust. ~_ _ Ifni l~ viunff itr.! _ a• >-- .:.v.,.., tt L -...! f ~~ Nntury Public: Ri~,~!!7 - - ~ ------_ , n ,' ~:,:,Nltl ,. k:. .q flr .! ,1r ' , , .. .r .. _ . ~~~~~ •~~ ~~'~~?I` ^~ICNI;IsLt T11'LI: COMPANY t , , f' OF ADA COUNTY ~~ 821 :Vest State Strcct /I3oisc, Idaho 83702 (208) 33Cr-(700 888 North Colc Road /I3oisc, Idaho 83704 (208) 377-2700 94020008 PIONEER TITLE t1n'.. ~',. 'rGUF2GER J. G'; is '..,,':':,:;~;0 4015E IJ 3 ~~~ oY 1 ' 94 I' f l/lil~U I I ~I I~, J_ FEE _~-- CJ~i _`/° RECS)is LU ; Ili: i:C~l%'tSTAF 51S~CE AnOVE PQIt Ri?CARDING DATA ~~ r IiI ti~ 7u~ Te.rr ~~'U~ lUt 1: ~t 1 ~t )(~~ lUt JUt ~L ~C )fit lfjt )fit lu! 74r~ ~~ ,liit ~:1~ !ir': )i~~ 1~t 1~~ 1; 1~~? lip. l ~ l,~`, lit 7~t 1i~~ Vii): Vii.. C; WARRANTY DEED (INDIVIDUAL) ~"' POLL VALUE RECIsIVI!) CIIARLFS Il. VAUGHN, ONI3 OF TI{E SUCCCSSOR CO-T'RUS'I'E:FS OF I'111: VLii\ide1 F. VAUGHti LTVIiiG TRUST CRiiKfI:D IIY WRIT'I'E~i DI:CLARA.TIOI: Oi' TRUST OF PI'.f3KUARY 18, 1991 G1LAN'fl)It(s) does (du) hereby (iRr1N'f, 1)AR('uVN, Slil.l, and CONVEY wtto ifAX A. ISOESIGFR, itiC. , A` IDAHO CORI'0}LiTIUN GRAN'TEI's(S), whoa currrnt address is: G479 Glenwood, suite A, I3oisc, Idaho 83703 the following described rrd properly in ADA County, titatr of Idaho, more particularly drscrihed as follows, to wit: ST: [: I:.l'HIT3I'P "A" POR L[:CAi, WEIIC}t L'Y PHIS REI'L•'RF.\CIi IS i`:ADF, A PART 1tiiREOF '~ C~ !:, . r_ ~^ s.'. t„ {' i:~ ,~.! ~^ TO RAVE AND'I'O ItO1,17 the said premisrs, with tL•rir :rppurtrnancc; unto the said (iruucc(,), :nt<1 Gramecs(s) heir, and assigns C~ fnrevrr. And the said Granu,r(~) clues Wo) hereby covrnan: lu and with the s;tid Grantee(s), the Grantor(s) is/;Ire rhr owner(s) in tee S= Slmpll` Of selll prl'ntiSl'ti; that •.aitl premiccs arc free from all cncumhranres, tSXCfiI''f those to-which this cnnvcy;ntce is crpressly ntad~ ~.: subject :utd thuce made, suf(en:d or dune by the Grnncr(s); and subject to reservations, restrictinns, dedicatinm, cast^ncn'•., ric'hts of y~ way :uxl arreentents, (if nny) of record, and general rocs :utd assrssntenls, inchules irri}•atinn and utility assessurenls, (i(:my) tnr the Z current pear,.xhieh are not yet dnr amt p;q•ahle, :uul that (ir:mu>r(s) will warrnu and tlrlcnd the name from all lawful claims ~~ whatsoever. ~; Dated: March 3, 1994 ;; - ;~: CitarJ.e;<a '3 V,auUhn, Sr:ccc^sor Crr'I'rustec_oY Che Vienna P VauUitn Li vi n); T'ru~t t' ~ ~~' ~ ~ c, - <~ S'1'A'1'L: C)P __-----.--------_..._ _-.-__-^ County nf'______.- ss. r: C)n this --- -----'---- _.-. __ day nf --.~.--_____- ;-: -----' m the year of _ _----_-----__-._., before me ___----_-._ .. -- .__..._.----- - ------ .-_._ a Notary Public. pcrson:dly::ppcarcd --- -- . ---- - - .. -_----- - - ---- -- ~.: }- ):nr»snr :drt:ufrctltnm_utbet6epust,r;f•Jsshn,cnarn~(s) _--_.°--"_,_------------- •. du, ;he within i' _.. __ uh~.crihe f~ mztrnncN, and.:,:knoxlyd;•c.! to mr tha' he __... executed the same. _ - ~.. ;. ..: ___ _-. ~ .. --- __ K.e~iding at-. "' ---._------~--_-._------~ --~----..___. .-'-------_ ~rl FxfnslT n F1e Nurntx;r: Pt7<Ji 17 The land referred to in this Commitment is described as tollovts: .~': ,~, THE LEGAL DESCRIPTION OF TFIE PROPERTY AS SET FORTFI ItJ PARAGRAPH NO. 5 OF SCHEDULE A IS HEREE3Y AMENDED TO READ AS FOLLOWS: A PARCEL OF lJ1fJD LOCATED IN THE WEST HALF OF THE SOUTHEAST OUART[R OF THE SOUTHWEST QUARTER OF SECTION 3?, TOWNSHIP 4 NORTH, RAAJGE 1 EAST, BOISE MERIDIAN, ADA COUtJTY, IDAHO, MORE PARTICUV+RLY DESCRIF3ED AS FOLLO`+YS: COMPAEiJCING AT THE CORNEfi COIv1h40N TO SECTIONS 31 AND 32, TOWNSHlP 4 NORTH, FLANGE 1 EAST, AND SECTIONS v AND [i, TOWNSI•IIP 3 NORThi, RANGE t EAST, BOISE MERIDIAN, FRO"1 WI-11CFi THE QUARTER CORNER COMMON TO SAID SECTIONS 32 AND 5 BEARS NORTH fig DEGREES 43' f 7" EAST; 2G55.34 FEET; THENCE PJORTH f39 DEGREES 43' 17" EAST, 1327.67 FEEL' TO THE WEST t /ifi CORi`JER; TFIEIJCE NORTH 00 DEGREE 00'14" WEST, ?.5.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY OF USTiCK ROAD AND Tf•IE REAL POINT' OF EiI=GINNUJG. Th{ENCE COt•iTIPJl11NG hJ0?TFI CO DEGREE 00'44" WEST, 130?..47 FEET TO THE SOUTHWEST 1 / 1G CORtJFR; THE^1CE NORTii Fig DEGREES 4F3'~i3" FAST, 663.49 FEET TO TI-ic C-E-SOUTIIVVES7 t /(>4 CORNER; THENCE SOUTH 00 DEGREE Ot'3(i" EAST, 1031.39 FEET ALONG THE EAS T ElOUidUARY OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH Fig DEGFlEES 43' 17" L^/EST, 90.00 FEET TO A PORJT; THENCE SOUTH 00 DEGREE Ot'3G' EAST, 270.00 FEET TO A POINT ON THE NORTH RIGHT-OF-YdAY CF USTICK ROAD; THENCE SOUTH d9 DEGREES 43'1T `idEST, 573.F33 FEET TO THE POINT OF BEGINiJING. END OF lF^vAL CESCFiIPTIOPI ACIiiVO~VI,BllG'l11:i`-I' - Fiduciary/Official ,-,-r.:., ~;- ~~ ; "~ ~~_..~^:~^~ ~.~r:_ ~' . N '., / f' ,I '. .,~ , r \' S1',1'1'J'; U}' _.__evrt~?r,-----------• County of I?V-`-'''$~'~-----_-..., ~:~ "'~ ,i~ n" ,-.. i ... t'GS .:T:.......'1'rt rLt ..~.~ . Un tht~ _ .__ !ac •,f _ _____'nrett _._ _._.._. . ut thcyraruf _-L"JI>--_., i~efurr~mr. E:aren Y. Uun}v,~ _ ._---- , a nntary pubiir. pcr:.unally ahf,r rrui ---- (earl . `~•--: t ,g':n ._-._ --- -------_ ___ ------------_. __----• krm~•n or identific<1 I„ rn~• tr, br the f>crscm :vitu~e narr,c i>; suhsrrii~ed tr, th~• ~cithitt instrument a~ _. _ ... .._--- _ _ _-.---_- -and acknnwlr~d~trd to me t.nat _ ti(•. _ _-. exervu~d th,: ~;anm .:: tiur:h (tnstr,•, n3,rri fl, r•tc i Succcss„r (:~,-'Cntt;tr•f• ,,( tiic V:.r.nn:, 'r. ~.'.1u:•,i,s: Li•:.in;; 'i'rnr.t. _ _ _ ___ _ Itr i f r•, •.h aft •!r -. , , ' ~•` ~. ;`,nary t'uh!ic; FYI/1 G'~!-'T' .._ - --_ -- ~_ _ .a OF ADA COUNTY x21 Wcsl State Strcct / I3oisc, Idaho 83702 (lox) 33G-c7c>o x88 North Colc Road / 13oisc, Idaho x3704 (20x) 377-2700 ~po ~ 3ciJ~ ;°.' 1a1~000'732 ~9`t D//Er 7 A(~i~~? `f RECUi,:;::u :.. i r, ~;r.~!!tF.:T OF SPACG ADOVE rOR RECORDING DAT/1 ACCOMMODATION ~~~~ A,~ ~~t lug?~~7155?%~~ ~a di,S?L~ 11~ ~1,~1i-c ~,~ 7 jc ~~, ~;,~~U( ~r.~ ~~,c ~~,c;u~~~.-~?~1~ ~t ~L~5~~~4 ~0~14~~~ ~U! ~r,~ ~C-~>Gc ~t ~~,~ ~~;~ ~r,~ ~,~ ~L~~L,~ ~,c ~G.~~~ ~s WARRANTY DEED 4V ~S ~~ -5 (INDIVIDUAL) :;~ y` FOR VALUE RECEIVED SUMMERFIEDLD DEVELOPMENT, an Idaho Pat'thership ~_ is ~-~ !:~.: cs GRAN~1'Olt(s) does (dn) hereby GRANT, IiARGA1N, SI?I.I.:uul CUNVI?Y unto MAX A. BOESICI:R, INC. , an ~~ ^~ ldaho Corporation r,~; S S^ 5 GRAN'fL•E(S), whose current address is: 2447 S. Vista Ave. , Boise, Idaho 83705 :~ the following described real property in ADA County, State of Idaho, ~~ more particularly described as follows, to wit: ~~ ~' }y r~ SEE EXllIB1T "A" ATTAC1iED IIERl:1'0 AND BY REFERENCE MADE A PART HEREOF ~~ Tj Z r~ z, _~~ z V ~i,~ :.J ~-i /, ,~y ^~ ^S ~~ ~~ ~^ ry ~a ^S is ~~ Z s TU I1AVE AND TU I IULI) Urc said prcmiscs, with their appurtenances unto the said Grantee(s), and Grantccs(s) heirs and assigns tv ~~ forever. And the said Gr,uuor(s) dues (do) hereby covcn:rn: to and with the said Grmtcc(s), !hc Grantor(s) is/arc the owner(s) in fcc '~~ ~~ sirnplc of said prcriscs; that said prcmiscs arc free frnm all encumbrances, (iXCI:P'1 those to which this conveyance is expressly made ~~ J~ subjcrl anJ thcise mule, suffered or done by the Grantccls); and subject to rescrs:uions, restriclirnrs, dcdiruirnrs, casements, rights of ~~ '~ way and agreements. (il' any) of record, and general taxes and assessments, inchrdes irrig:rlion and utility assessments, (if any) for the ~~ current yrar, which arc riot yet due and payable, and that Grantor(s) will warrant and defend the s:une from all lawful claims ~~ ~~ bated: Novembcr.~O ~ 19)4 SUMMERFIELD DEVELOPME/NT/, AN Idaho Partn~I 3 by : _ Z~ • C/ t~ ,.. w~ Grt L. oi};t %~ t: A('KNUWI,IaGM1;N'I' - Parlnerxhip S"i'A'i'1C)h Idaho ('ounry of Ada -, ss. ~' (tay of• Novcrrhr•r , it Westerly part of 22 blk. 8, 7.0, 21, 22, 23 & 24, blk. ~ ~ ~ !°I~INl~.~;l~3 ~ PIONi;l?R TI'1'1,1; COMI'ANV ~ ,,, ;;,,~,~r,, „~~,~+i.i;i;°:; 19 ip . I i `,~~~ ~"~'"FF~N 18~~t1UU'733 RUBBLE ENGINEERING, INC. < 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ .Fax 2081378-0329 stio SuA~E ~oject No. 93050 September 15, 1994 VOIGT TO BOESIGER (Westerly Portions of Lot 22, Block 8, Lots Z0, 21, 22, 23, and 24, Block 4 Summerfield Subdivision NO. 3) A portion of the SE1/4 of the SW1/4 of the SW1/4 of Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 5 and 6, T.3N., R.1 E., and Sections 31 and 32, T.4N., R.1 E., B.M., thence North 89°43'17" East, 2655.34 feet to the quarter corner common to said Sections 32 and 5; thence South $9°43'17"West, 1327.67 feet to the West 1/16 corner and the REAL POINT OF BEGINNING. Thence continuing South 89°43'17" West, 2.27 feet to a point; thence North 00°16'43" East, 329.50 feet to a point; thence North 53°23'50" West, 80.00 feet to a paint; thence North 5°37'20" West, 177.56 feet to a point; thence North 84°22'40" East, 22.52 feet to a point; thence 16.89 feet along the arc of a curve to the right, having a radius of 140.00 feet, a central angle of 6°54'39", and a long chord bearing North 87°50'00" East, 16.88 feet to a point; thence North 1 ° 17'20" East, 102.18 feet to a point; thence South 81°00'55" East, 44.32 feet to a point on the West 1/16 line; thence along said line South 00°00'44" East, 651.97 feet to the Point of Beginning. Containing 0.48 acres, more or less. Prepared by: RUBBLE EN 1 DTP/bh/926.des a . U Wc!;ter.ly Portion of ].ot PIONI;I:It TITLI: COMPANY OF ADA COUNTY 821 Wcst State Strcct / 13oisc, Idaho 83702 (208) 33G-6700 88R Nortlr Colc {toad / 13oisc, Idalto 83704 (208) 377-2700 ACCOMMODATION st~ncc ntrovr_ roR Rr_coHUwc DnTn ~!t IV(, lye 1,t lu(?i,? ?i~~ lit 1,('c J ;c 7~ 1~?uc?u7Gn,~? ?13~ 1,3C13()~c l;,( ~c 1 ~~?j)C 111j?u~?L~~ ~ JC-~A~ ?C-~?(:+~~-:?U' ?G AI ~,ft.?!1~ ?0`.?1.,: ~a~`..C-~:(-~ :v; 4l ~~ WARRANTY DEED "~ (INDIVIDUAL) :S :S :~ FOR VAt,Ur RIiCGIVED SUMMERrII:LD DEVELOPMCNT, an Idaho Par. tnership INC., an ,,^S GRANTOR(S) does (do) hereby GRANT', BARGAIN, SLLL and CONVEY unto MAX A• BOESIGER, ^~ Idaho Corporation S GRANTEI_~d), whine current address is: '1447 S. Vista Avc. , P,oisc, Idaho 83705 ~~ the following described real property in ADA County, State of Idaho, ^~ morc particularly described as follows, to wit: ~~~G SEE E:CIiIBIT "A" ATTACHED HERETO ANll BY RErERENCE MADE A PART HEREOI' ~' %: t C~ .. ~~, ~^ C~ TO fIAVE AND T(> 11OLI) the said premises, wish their appurtcnanccs unto the said Grantee(s), :+nd Gruuccs(s) Ircirx and assigns ~~ ~~ forever. And Urc said Grantor(s) does (do) hereby covenant to and with the said Grantee(s), U!e Grantor(s) is/arc the owner(s) in fee Zv ~~ simple of said prcrniscs; that said premises arc free from all encumbrances, I~XCC: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, dcdicatirn!s, casements, rights of Z%. way :md agrcemcnls, (if any) of record, an4 general lairs and asscssrncnts, indudcs irrigation and utility assessments, (if any) for the y ^~ current year, wl+ich :+re nrn ycl due and p:ry:+hle, and that Grantor(s) will warrant and defend the same from all lawful claims ~~ Summerf.ic]d Devc].opment. nn Idah Partner~c ~~ I):uc,l: November ~O~ 19r34 '- C ~ S by_. '~ _ (;ary oil;t 4( ACKNOWLEDGMCNT -Partnership ;b ST/1TE OF Idaho ,County of Ada , ss• S Z`i; On this JO i. ~ ~ of N •, a ~1 t} ~~a~,~ Blk': 171S~mmerf.~eld ?I 3 PI~NEEF~ 'fi7LE Cp, , .,~,_ :~ ., ~si~ooo~~o 9Ci5t ~n 9~1 DE`s l f1(`l 17 ` 1 RL•CUG;;cC ~:i (:!'-,~/pUEST OF in the year of 1994 , before me ip .. `\\~ gNGIIyF~9N ~„~~ .1o~V ! a31 NUBBLE EiVGINEERiNG, iNiC. ~ y 9550 Beihet Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 9y~ SURVEy~P Project No. 93050 September 20, 1994 VOIGT TO BOESIGER (WESTERLY PORTION OF LOT 1, BLOCK 17, SUMMERFIELD SUBDIVISION NO. 3) A small triangular shaped parcel of land located in the NE114 of the SW1/4 of the SW1/4 of Section 32, T.4N., R.1 E., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 5 and 6, T.3N., R.1 E., and Sections 31' and 32, T.4N., R.1E., B.M.; thence North 89°43'17" East, 2655.34 feet to the quarter corner common to said Sections 32 and 5; thence South 89°43'17" West, 1327.67 feet to the West 1/16 corner; thence North v0°00'44" West, 1042.75 feet along `h~ West 1/16 line to the REAL POINT OF BEGINNING. Thence North 63°14'10" West, 25.09 feet to a point; thence North 26°45'50" East, 49.71 feet to a point on the said West 1/16 line; thence South 00°00'44" East, 55.68 feet to the Point of Beginning. Containing 623 square feet, more or less. Prepared by: NUBBLE ENGINEERING, INC. ~): ~~ T T^ ~ ~ ~ 1~ .• D. Terry Peugh, P.L.S. DTP/bh/930.des • • Meridian City Council April 2, 1996 Page 29 law. Morrow: Mr. Mayor, this is a transfer of a conditional use permit and findings of fact and conclusions are not needed. Corrie: Is that correct? Crookston: Yes Rountree: I will withdraw my motion. Mr. Mayor I move that we approve the transfer of conditional use permit based on the testimony we received tonight. Morrow: Mr. Rountree would your motion include the original conditions of approval for the conditional use permit? Rountree: The original conditions of approval with the existing conditional use permit, correct. Morrow: Second Corrie: Motion made by Mr. Rountree, second by Mr. Morrow, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: NON-DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBDIVISION NO. 3: Corrie: I guess my question would be to Shari and Wayne both, does this meet with both of your approvals? Smith: Mr. Mayor and Council members, I reviewed the non-development agreement and compared it with the previously approved agreement. They added one, they added some verbiage to one of the sentences, I think I wrote in the right hand margin of the copy that you have the word added. There are some parentheses both in and out of the verbiage they added a sentence. Wayne I believe has looked at that and doesn't have a problem with what they have said. Other than that I think the MayoPs name on the second page needs to be changed, that was all that I saw. Crookston: What is added does not change the agreement at all. It just says that there can be an amended agreement which would then have to be re-signed and the Council ~' '~ • • Meridian City Council April 2, 1996 Page 30 would have the right to approve it at that time what as I believe pertains to let's say they have 50 lots that are under this non-development agreement and they want to go ahead and do a development on 25 of them there would be an amended non-development agreement for the 25 that they are not going to develop and they would proceed with the development of that 25. Corrie: Mr. Crookston, would there need to be a space for the City Clerk to attest to these signatures or not on this? Crookston: Yes Morrow: Mr. Mayor, I would move that we approve the non-development agreement for Summer'field Subdivision No. 3 authorizing the Mayor to sign and the City Clerk to attest. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to approve the non- development agreement, any further discussion, all those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #15: SANITARY SERVICES, MOE ALIDJANI: DISCUSSION OF PRESENT CONTRACT: Alidjani: Thank you Mr. Mayor, and gentlemen Council, number one I wish to thank you all of you for giving your time tonight. 1 have with me tonight Mr. Mark Freeman he is my corporate attorney for the last several years and he has been helping me in a different issue. 1 have asked him graciously to put a package for you and in fact if there are any technical questions he can answer other than that I think I can answer all of your questions in regard to this question that I have. On page 1, we have the fornnal request, I have broke it down into two pieces, two paragraphs. One is the increase of a rate and the other portion is (inaudible) extension of contract and as you see on page one, paragraph A, I can read it out to you or we can go one paragraph at a time and if there is a question we can, I can answer that however you wish to do that. Morrow: I guess, the format here is we are doing this tonight because he couldn't have it ready for the strategic planning meeting. So this would be somewhat of an informal give and take session as opposed. to formal presentation, is that correct? Alidjani: As I said I am willing to play any kind of part however you wish to handle that is fine with me. $=/3 - ~6 ., , ~y..~ NON-DEVELOPMENT AGREEMENT This AGREEMENT, made and entered into this day of , 1996, by and between MAX A. BOESIGER. INC. whose address is 2447 S. Vista Avenue. Boise. Idaho 83705. hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in SummerFeld Subdivision No. 3 Ada County, Idaho; recorded as Instrument Number 95026560 in the office of the Ada County Recorder in Book 69 of Plats at Pages 7047 and 7048; WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 1 thru 5, Block 17; Lots 2 thru 16, Block 19; Lots 9 thru 15, Block 18; and Lots 1 thru 4, Block 18; of Summerfield Subdivision No. 3 (hereafter "Undeveloped Lots"); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until (an amended non-development agreement is agreed upon and entered into and) the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement will be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as r, • , . • This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER and the CITY OF MERIDIAN have executed this Agreement at Meridian, Idaho, the day of , 1996. MAX A. BOESIGER, INC. CITY OF MERIDIAN Max A. oesiger, Jr. President STATE OF IDAHO ) ss County of Ada ) ert D. Corrie, Mayor Attested: William G. Berg, City Clerk On this ~ day of , 1996 before me, the undersigned, a Notary Public in and for said state, personally ap ared MAX A. BOESIGER, JR., known or identified to me to be the resident of Max A. Boesiger, Inc , an Idaho Corporation, the person who executed this instrument and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and~rear in this certificate first above written. . ~~ ~~~~~ ~ ~OTgb-~ s ~' _O_ g (SEAL) ~ .At1BLZG o ~'Le q.o...•~' ~° ~°e®~ ~ O F I~ Aa.~'t~ STATE OF IDAHO. ) ss County of Ada ) o~ Notary Public f r Idaho Residing at Boise. Idaho My Commission Expires: ~ ~ 3-~ '~ ~``~ ENGIIy~,~~~ • • ' RUBBLE ENGINEERING, INC. \ti„ ~~~ 9550 W. Bethel Court • Boise, Idaho 83709 RANS(WT~AL LETTER FOR: UPS DATE Attn• ~ . (208) 322-8992 • Fax (208) 378-0329 `~ Job No• Pr~Djert: _ .3~ WE ARE SENDING YOU: _ As Requested ~ttached _ WE ARE PICKING UP _ (*See remarks) _ Under Separate Cover, Via FOR YOUR: _ Use Information _ Record _ Bidding Cost Estimating Review and Comment Approval ~ 4 THE FOLLOWING: Print(s) _ Specifications _ Pran(s) _ Shop Drawing(s) _ Sample(s) _ Copy of Letter _ Disk(s) (*See Disclaimer below] Copies Date Sheet No. Description REMARKS: Copy To: _ With Encl. By: _ With Encl. Signed: DISK DISCLAaER:~LEASE READ AND SION). ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF PRECISION, OR LAOK OF PREOISION, TFEREJN. WE ARE FOFIWARDING THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT AS AN ACCURATE REPRESENTATION OF THE PROPOSED PRO.~CT. RUBBLE ENGINEERING, INC. 13 NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIANCE OF THIS DATA FOR RUBBLE ENGINEERING USE ONLY: 6532 " DELIVERY COPY • • - (~ . ~ O p CO O " .«~ N OC1 O L ~ a) L r Cn ~, ~ .Q ~ ;F, .C p ~ NU `-- cvU O O~ ~N ~ °CO a. ~o va~ti a~J~ m ° .,., .. ~ E ~ ° ~ N a~ ~~ m ~~° ~ L° 3~~ °cao °o ~ ° ~ ~ c c m `m v o >Qu~oi ~ Qa~oi t°~,°' 30~ Q~ ~ ~ ~ma vOim D ~ ~ ~p ~ Y y~~ i ~~ Q N N ~~ ~ W N ~ W N O "O ~ ~- 2 ' Z o~~ ~ f F' ~ ~ ~ ~ ~a over ~ W ~, d. L W O L ~ O C M ~ 'a~~ Vj ~~~ vl ~p~ N C W N ` W ` ~ m~ fl.-~t ~ W ~'U~ ~ W ~V~ p~~C ~+ ~ to N ~ N m~ = L O O a r z s ~ ° o ~ H ~ ~ ~•~ cn O~j'~ -o ate== W `~ N'-O V W p N°-~ N ~ O'O may- C~ ~# 2 C NO ~ 00 u C O Q O W '"' Q O ~ O~ J Z ~ ~ ~ 3~ ~ h ~ '~ a ~ 30 ~ ~ ~~~ .o ~~ ~ J ~ •- J ~ N O ..r fl. W ~ '--~L ~ ~ JL ~ ` ,~ N ~Y O ' ~' W N Z ~ ~ 3 ~ W ~ ~ ~ ~ ~ v ~ ~ ~ O C > W O W O C ~~ ~ m ~ C~~L ~ ~ -p ~ ` to O C ~ ,~, ~ _ ~ U 'p N C O NW cNp ~ ~ ~ m ~ W7~ W ~~~ Z m om ~ Z cv o° n-~Q ao a~ EWO-a~ ~ E ~~ ~v~~ OJ a.~c ~ ° ~ ~' ~ W ~ w E•' m N N Z~ ` ~ f W ~...~ W ~ ~ W 0~,~ ' O M w `mo ~, w ~r Q ° ~QQ`c°Jo M ~ ° m cLO ~ ~ ° m co w ~L u~~~Z N '~,~ ~~ N N.~ W c,c W° Y C L,~L N 1 LPL N ~~C) ~ N ~ N m ~. N >,M~ TML pp~ N~V~ .Q 00 ++ .O d0 ... U f { , _. ..... ,. , .,.. n ._ .., .. ~ .,. .__ .~ t , r.,~..,., .. - - , . ~ ... .. _ • MERIDIAN CITY CpUNCIL MEETING: APRIL 2 1996 APPLICANT: ITEM NUMBER; 14 REQUEST; NON-DEVELOPMENT AGREEMENT FOR SUMMERIELD SUBDMSION N0.3 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 I~ b~~~,,~sk ~p~r~ ~ +~ c~~ OTHER: All Materials presented at public meetings shall become property of the City of Meridian. NGINc • • '`'~ -~, RUBBLE ENGINEERING, INC. \9 y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 2081378-0329 February 20, 1996 Meridian City Council City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Re: Summerfield Subdivision No. 3 Dear Sirs: RECEIVED MAR 2 21996 Q1Y OF MF.BIDIAI~I On behalf of Max A. Baesiger Inc., we hereby request approval of anon-development agreement for Summerfield Subdivision No. 3. The developer is requesting to withhold development of the second phase as shown on the attached non-development agreement due to an over saturated market in this area. The developer anticipates being able to construct phase two during the summer of 199'7. Thank you for your time and consideration. Sincerely, I r Tracey Persons Project Coordinator d:~250.1tr NON-DEVELOPMENT AGREEMENT ''(','`'~~"~~+ .. :~ , This AGREEMENT, made and entered into this day of , 1996, by and between MAX A. BOESIGER. INC. whose address is 2447 S. Vista Avenue. Boise. Idaho 83705 hereinafter referred to as "DEVELOPER," and the CITY OF MERIDIAN, a municipality of the State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY." WITNESSETH: WHEREAS, DEVELOPER, is currently the Owner of all real property and subdivision lots contained in Summerfield Subdivision No. 3 Ada County, Idaho; recorded as Instrument Number 95026560 in the office of the Ada County Recorder in Book 69 of Plats at Pages 7047 and 7048; WHEREAS, DEVELOPER desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 1 thru 5, Block 17; Lots 2 thru 16, Block 19; Lots 9 thru 15, Block 18; and Lots 1 thru 4, Block 18; of Summertield Subdivision No. 3 (hereafter "Undeveloped Lots"); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: DEVELOPER hereby agrees that no improvements will be installed in said Subdivision lots as required by the CITY, without the prior written permission of the CITY. If DEVELOPER desires to install any of the said improvements for said lots, then DEVELOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require an irrevocable letter of credit or cash deposit Surety Agreement in amounts sufficient to secure the full and adequate performance of DEVELOPER upon such stated improvements and detailed construction plans. Such irrevocable letter of credit or cash deposit Surety Agreement will be figured at the prevailing construction costs determined by the CITY. DEVELOPER herein agrees that when developer does desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. DEVELOPER further agrees not to sell any of the above referenced lots in said Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit Surety Agreement has been issued and delivered to the City, or until~an amended non-development ~- ada'.a agreement is agreed upon and entered into and~the required improvements of said Subdivision are completed in accordance with then current CITY standards and specifications. DEVELOPER acknowledges that this Agreement wilt be recorded with the County Recorder of Ada County, Idaho to provide public notice to prospective purchasers of the temporary restraint on conveyancing. At such time as this Agreement terminates, the City agrees to release DEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release. DEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status of the undeveloped lots in said Subdivision will be as though plats thereof had not been filed, this Agreement is not intended and does not affect CITY requirements heretofore complied with by the DEVELOPER and obtained by said DEVELOPER, except as expressly agreed to and contained in this Agreement. It is further agreed that if Developer has entered into a Development Agreement with the City for the development of Summerfield Subdivision No. 3, this agreement amends the Development Agreement. This agreement sha-I terminate on the 30th day of February 199 8 ;When this agreement terminates, Developer shall have one (1) Year to complete development; if development is not completed on the 30th day of February , 199 9 ,approval of the "undeveloped lots" portion of the plat shall be null and void and any further development of the property shall require additional approval; if the developer does not complete development on or before the above date, City shall record a statement that approval for the "undeveloped lots" portion of the subdivision has been voided. • • This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees and successors of the respective parties. IN WITNESS WHEREOF, the DEVELOPER and the CITY OF MERIDIAN have executed this Agreement at Meridian, Idaho, the day of , 1996. MAX A. BOESIGER, INC. ,' Max A. Boesiger, Jr. President CITY OF MERIDIAN 6+~ent-P~-ifine,~ferd,-Mayor ~2cbtr~' ~• f~rM"IPr STATE OF IDAHO ) ~G.e f{-Q~ ss County of Ada ) kI i it i Ah- C-,. 13ery , J--• C. ~j C 12 Hk On this day of , 1996 before me, the undersigned, a Notary Public in and for said state, personally appeared MAX A BOESIGER. JR., known or identified to me to be the President of Max A Boesiggr Inc an Idaho Cc~oration, the person who executed this instrument and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) STATE OF IDAHO Notary Public for Idaho Residing at Boise. Idaho My Commission Expires: ss County of Ada ) ~ m. C®af ~ ~ (,t/I I I i u v"~ ~" ~e~ ~ 1r. 1`'~~' On this day of , 199 before me, the undersigned, a Notary Public in and for said state, personally appeared ,known to me to be the Mayor of the City of Meridian and the person who executed the said instrument on behalf of said City of Meridian, and acknowledged to me that said City of Meridian executed the same IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at Idaho My Commission Expires: ~ ", MAR-21-19~ 1352 ~BBLE ENGINEERING ~N~rN~ •1 208 378 0329 P.01r02 `" NUBBLE ENGINEERING, iNC. 9550 8sthel Gourt ^ 8aise,l0aho 83709 208132292 ^ Fax 20913780329 .. 4°' F~c T~vsMiTrAr, T'c7-: ~ FA~C NCJMBER: ~7riginal to FoIaow ^ anginal Wi of follow Date: 3~~t-Rtd FIRM: # PAGES {including cover s7seet):~,_ -a. MRR-21-1996 13 52 ~JBBLE ENGINEERING ~1 208 378 0329 P.02i02 "' HUB~LE ENGINEERING, INC. g 9550 Bethel Court ^ Boise, icfaho 69709 208!322.8992 ^ Fax 208!378-0329 Febnxat~y 20, 1995 Meridian City Council City of Meridian 3 ~ Bast Idaho Avenue Meridian, Idaho 83642 Re: Summerfeld Subdivision No. 3 Dear Sirs: On behalf of Max A. Baesiger Inc., we hereby request approval of a non-develvp~~ent agreemern far SumrnerField Subdivision No. 3, The developer is requey`ting~ to withhold development of the second phase as shown on the attached non-development agreement due to an ever saturated market in this area. The developer anticipates being able to construct phase two during the summer of 199'7. Thank you for your time and consideration- Sincerely, ~G~. ~,~'~~"` Tracey Persons Project Coordinator d:iZ_50.Itr TOTRL P.02 WILLIAM G. BERG, JR., Ciiy Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433• FAX (208) 887-4813 Public WorksBuilding lxpsrtrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor September 13, 1996 Idaho Power Company. 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 Re: Street Lights for SummerField Subdivision #3 COUNCIL MEMBERS 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 Street Lights have been installed by the developer in Summerfield Subdivision #3. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The four (4) street lights are located at: Lot 2 Block 20 E. Summerdawn Drive Lot 6 Block 20 E. Summerdawn Drive Lot 20 Block 4 N. Summertield Way Lot 26 Block 4 N. Summerfield Way See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~%C~C/ William G. Berg, Jr. City Clerk CI1~ OF MERIDIAN, BUILDING .DEPARTMENT 33 E. Idaho, Meridian, ID 83642 ~ ~' 887-2211 • Inspection Line 887-1155 ._E:;";'Ri ~,=~L F'F:Rt~ITT Iss~_~e~: 8/9/96 Per^mit Na: 9177 ~~raE;~~al`~P~._TC,=!NT-----__•-----------------PROPERTY LOCATION---------------- -------- I 1 SUI~h1El~f= i ELD 3 PH. 1 MF_~;:DIAhI~ ID t3u~~i1~ I cl~-);-,,.:~~;~_{xk~~~~ I Lot: H1ack: Long Legal: ------------•----------DE: S I GNF i~-------------- t;~t_C]~~~~''r ELE•CT{ils; I -~-----------------•-- TR__ i L_ r-i-_ I I~esACtent• ia.~ S~~r~•~.~ i.~ce ~~~ ~ ,-~~? I PdirtAii)~'Y' ~~t F7C:QRlS: Cis;: ~~r•~~a i~-~._• i._~ari: i Electr^i.~_^~,1 He~~r: ~rl :;i:•r- '~'•,^~~ ; - i Itiilll~~r of r ,_:; ~ . i r-+-~ r I C?ti-~er^: ~,TREETI_.'GHTS ., -,.--.T _ ___ --'~T aL7rp; _~'~ fir, ~.; ~, ~~,-„1 - Lor.....r6._DLJCt'-_--~ ~~'_-._t_1___f_~__.------------------- '.~~,:'`._;T FLE;; t•~S~~c.w~i+:'Ei-~l f .__-- # 1 ~ t•? IMPORTA]VT INFORMATION Inspection requests must be made 24 hours prior to the need far inspection. Persons making the requests meet provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection ie needed, 4) type ofinspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, ezcluding holidays. Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit R,evoeation/Expiration. The Building Official reserves the right to revoke any permit issued in erim. oi. on the basis of incorrect information. Permits expire in 180 days if: work is never oa~menced, or is discontinued for a period ezoeeding 180 days or 6 months. Declaration -This permit is being issued subject to the ordinances and laws of the City of Meridian, and it is hereby agreed that the work to be performed will conform to the regulations, pertaining and applicable thereto. / .: ! .Owner or ,~thorized Agent Date WI~:IAM G. BERG, JR., City clerk JANICE L LASS, City Treasurer GARY D. SMITH, P.E. Clly Engkbsr BRUCE D. STUART, Water Works Supt JOHN T. SHAWCROFT, Waste Water Supt, DENNIS J. SUMMERS, Parks Supt. SFURI L S71LES, P 6 Z AdrNnistrator PATTYA. WOLpKIp„ DMV Supervisor KENNETH W. BOWERS. Fire Chiet W L "BILL' CORDON, Polka Chlef WAYNE G. CROOKSTON, JR., AKOmey HUB OF ?RE9SURE VALLEY • A Good Place to Live • . CITY OF MERIDIAN 33 EAST IDAHO MERIDLiII~T, IDAHO 83642 Phone (208) 888x1433 • FAX (208) 887813 PnbLa ~~8 (208) 887-2211 Mooor VehicleJDriv~s Lioease (208) 888443 ROBERT D. CORRIE MEMORANDUM: ~~ To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL, INSPECTION I have inspected and approved the lights irL~ proceed with the activation. rOLrNGIL 6!~!°0~.+~ WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY a a i Cervrurc_ernrv JIM JOHNSON, (~reknran TIM HEPPER JIM SHEARER GREG OSWND MALCOLM MACCOY Date: - 1-- l•' ry SL S,. P 1 3 1996 CITY OF ~~LDDAN wiring and associated components for _~ ~~ ~ ~ .Idaho Power Co. can now old Hudson, Electrical Inspector c:~wewtrr~r~xAt,~,ELl:cnvsP.nn~ro `, ` , '' 1_ v _ ._ _. ~]V021~~I1 '3 al ~ c a c v - o c _-._-.-. __ I ( I w > __ ------ I_ .. u V ~Q m V • d l/.~078 ~ •~ ` _ ~~ , , `- ~ S- S ° D /_ bv! Z c n -_ -- - s c c~ -~ ~ t-e ---- 2 l'% J M m °' 0£ . ~ _ _ r- AVM h131~J3WWf1S 'N W _ a° L a I _ / ~ ° u ; Z ~; 1 i l£ ~ L`J~ O ~ ~ m o 0 9 ° ~-. `. _. __--._ ._ _ P ___. _ I SL ~ I N i - _ °~v-•- ,mil g z l-4S .\ ~- `~ `~ ~-- ~ •J 9l `~i u ; ~_ _~--- W Q ` ~ ~>NS Zt Q '' ~_ w S L o~~\ Q /~ .~ ~ , S ° c J ~ M~ M m = ; O ~ O ~ o ~~ 'o ~ ~ pOj ~ ~ 4J 3 ~ _ N 3 ~~ ~ ~ ~ ~~~ g a ~ • ° ~ ~ •- ~ Z M ~ Y a.} ~ .al.~ l ~r- ~ Z ~ ~ N 1 v ~ ~ ~ ~ ? M N ~ ~ Y Y Y ~ N ~ J S G 0 ~ 0 ~ ~ > ~ Y s of ~ O -: o ~ O E O (~ 8 M M o ~~ ~ E ~ ~ ~ a oa ~~ N ' ~ 4343 ~~ V ~~ r ~~ a ~~ ~~ 8 ~ I oe ~~ 1 ~ , _ ~ -- --- ~ O O ~ ° - ;~ g Q "~ Z ,~ ~~ b t ~' O l 9 '~ 8 OL ~ ~~ 5L S-: £l ~ '~ l-1S , o __ ~_ 3 . 11 ~ O D ll w _ ___ ~ J 9 o! , U ~~ zt O ~0 ~ M o ~ a ~s~ t l ~ N ° ~ 3 SL ~ ~~soN , Y Z ~ p ~ ,~ b-NS ,, W ;; O o Ol ,~ _-~__ ~ ca O 11 ~ p j ii N , b l ~ z ~~ A 8 , O ~ ~ ° 6 ~ Z-1S ~ ~ b-1S ---------- ------ _~ -----_-•~~"l O 1 ~ ~Z-t ~ w£~-_t 1 3n12J4 3J01}fN3WWf1S '3 ~ 6_gn3s , ~ D~ Q D~ ~ O O O O O U O -9/l MS-3-0 91/l MS ci `• "~' _I S V 3 i a j ~~ V J n ~ ~ ` ~~ • • CITY OF MERIDIAN o~ Location Checked By Description Date Sheet of Project Designed By Date __ 3-~-q~ _ _ __ _ STANDBY LETTER OF CREDIT~~- ~ `~~~~ ~d~-'"""1~- ~'~C~ APPLICATION /AGREEMENT ~~ ~ q ~~/}~ ~' ~,~, ,~ { ~ West One Bank, Idal-b, N.A. Branch Name/No. ~~ 1 _01 Head Office/Business Banking Center .____ ._ ....__... Sfi.1~. -f ~ ~- ST 3 to - ~UO1. ~vx Dear Sirs: We request you to establish by ^ Cable ^ Airmail an Irrevocable Standby Letter of Credit on the following terms and conditions: In Favor of City of Meridian, 33 E Idaho Avenue, Meridian, Idaho 83642 (Beneficiary) (Name and Address) For Account of ' ( pplicant) (Name and Address) Amount $16.000.00 Available by drafts at Si r~_ on Us Covering Documents Required Your signed statement that Max A Boesig~, Tnc ham ~ ;' ^a ''^ ^°''~~~ or is in defau o Expiration Date 4/10/95 Partial Drawing RX Permitted ^ Not Permitted All documents to be forwarded in one cover, by airmail, unless otherwise stated under Special Instructions. Please call William M Miller @3823 when L/C is available fr„- nick-ttn Special Instructions Thanks I/VUe authorize you, without reference to or approval by us, to set forth the terms of this application in the Letter of Credit in such language as you may deem appropriate, with such variations from such terms as you may in your discretion determine (which determination shall be conclusive) are necessary and are not materially inconsistent with this application. THE OPENING OF THIS CREDIT IS SUBJECT TO THE TERMS AND CONDITIONS AS SET FORTH IN THE STANDBY LETTER OF CREDIT AGREEMENT APPEARING ON THE REVERSE HEREOF TO WHICH WE AGREE. / ~ - ~ Title Name of Applicant r /~ A n .--~ Cfl00511 (3/89) . ,. ~. O ~ ~~° ~ °_ ° ' . ~ ~ u }- z r ~qZ~=Z ~~ Z~ O W i Z O~ Z o ~ ~ Q -r ~ C~ Z.W!) U r- .. J a q ~ Z m Z Z Q w ~~~~ r~+ a "~ < o _ ~~ W l~ v ,a '-'_'_-_ g~ G ~• ~ D ll W V N tr , ~ : ~ ~ r .l , 1 . ~ - - ~ ; n a . , ~~ L i ~ = + l0 • 3 r ~ 1~ 1 I I !1 1 1 I . I 1 ~ y y ZdI ~i ~;~ . , ~ , .; y y ~ I , . ~L. l :_r.~ L L ~ .~ ~ ~ " ~ "' . ~ r' te , Mil e a i rl. pii ~ ~ ~ ' I i ~ ~ I f ~ I !I r l I~z1 1i 1 , , T , l 1 1 1, 1 1 w~ i 1. •: i ~ y 1 ~ w ~! 'YI YI Y Y ' r Y y~Y I ; 1 C oattr~aNn R ^ ~ M ~. 8G'LU M .Z i,I000 A a W ~ ; u i n' °i, m~ ZO ~w ~ - rR ~~ ~~ r~ a ~:i~ 2 N ~ s C71i r-d Nn ~'~ ~ f ~ •~' ~ $ :~ ~: ~ a. w 5 ~ ~e t ~ ~~~ ~ ~ ~ ~ ~ _ ~ s~ ~ ~~~ E-~- ~,s.g ~- ~ , ~c ~ y~` ~ ~ i IR z .° ~i`e lei ~ ~ 3 ~ P~~ = ~ e ~ ~ R I.I I ~ ~1 I .I ,~~ ,•~ ~ O :,;, f ~ ,. I ,~' ® i !''. S~ ~r~~ ;Q ~~ i~ r, •aN Mo,:l~lc.n: ~~,C: 1~ gi o'71sr7nnns .~~ l ~~ 31~'~ z ~ ~ ~ >s ~: I f~i4 ~~ Si! 3tE " . ~~ ~i ~~ ~ ~~ i = ~~ ~~ ~ ~~ ~ i~ ~~~ ~` i ~~ ~ + 9~ ~~ ~~ ~~ 9~~ !~ 1~ ~ ~ ~e~~.~~l~~~e 4 ~: ~~~ ~1 ~~~ ~~Q~ 9 ~~ ~ ~ ~ ~ i~Q p~ ~~` a~ ~ ~ °~ pp yy ~~ ;~~~ ~~ Q~e 4saf .~'~~ _~ [$ oroa; snc~ .smo- ~ _T ~. -. . r r r has s ~ ' ~ ~~ ~~r. ~I A ~r ~~~ ~~~ il~ i' -~ ;~! .oo,ccz , ,s_ I P ~I 1 . I ' 1 ~ I ®IlI~ w~, l 1 .. ® I~ I~ . l,~ .I ~ ~ ~ ~~ i ~, ~ Is', ~ ~~5 IIt~ l <~ ~ ~k IN ~ 6 i I • r ~~: ~I i ; I Letter of Credit • west~ank. Idaho International Banking Depaztment I01 S. Capital Blvd., Boise, Idaho ~~~ Post OfFce Box 8247, Boise, Idaho 83733 -i Telephone: 208-383-7600 Fax: 208-383-7563 ~K Telex: 262342 Answerback: WEST ONE BK IDA o Z o a _~ o M ~.; • o << _ ~ ~3 0 ;S •.~ : e d a 0 :~ a .°: C 8 a 9 0 v s ~^ w .~ '~ t .~ .s 9 r a k d '~ O k~ k7 City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Sirs: Irrevocable Standby Letter of Credit No: 74125 Dated: January 24, 1995 Expiration Date: August 1, 1995 At Our Counters We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733 For account of Max A. Boesiger, Inc., 2447 S. Vista, Boise, ID 83705. Up to the aggregate amount of USD62,223.15 (SIXTY TWO THOUSAND TWO HUNDRED TWENTY THREE AND 15/100 U.S. DOLLARS) available by your draft(s) at sight accompanied by the following documents: The original of this Letter of Credit for endorsement. A statement purportedly signed by an authorized individual of the City of Meridian as follows: "Max A. Boesiger, Inc. has failed to perform or is in default on the installation of fencing, pressurized irrigation, landscaping, and sprinklers at Summerfield No. 3 Subdivision." Partial drawings are permitted. All drafts must be marked: DRAWN UNDER WEST ONE BANK, IDAHO, LETTER OF CREDIT N0. 74125. We hereby agree with drawers of drafts drawn under and in compliance with the terms of this credit that the same shall be duly honored on due presentation to the drawee. CR00513 8-89) u~ n ~_i+. Orlpln~l yeMOw • Applignt's Copy tiolMnrobACknowletlpemeM tinsi-Ntem,tlonel Un11'e Copy e Flle Copy Letter of Credit • west ~nk, Idaho Internatiopnal Banking Depaztment ~~~~ -: 101 S. Ca ital Blvd., Boise, Idaho Y~I~1- Post OElice Box 8247, Boise, Idaho 83733 Telephone: 208-383.7600 Fax: 208-383.7563 ~K Telex: 262342 Answerback: WEST ONE BK IDA City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83642 Dear Sirs: Irrevocable Standby Letter of Credit No: 74125 Dated: January 24, 1995 Expiration Date: August 1, 1995 At Our Counters We hereby authorize you to draw on WEST ONE BANK, IDAHO, BOISE, IDAHO 83733 For account of Max A. Boesiger, Inc., 2447 S. Vista, Boise, ID 83705. Up to the aggregate amount of USD62,223.15 (SIXTY TWO THOUSAND TWO HUNDRED TWENTY THREE AND 15/100 U.S. DOLLARS) available by your draft(s) at sight accompanied by the following documents: The original of this Letter of Credit for endorsement. A statement purportedly signed by an authorized individual of the City of Meridian as follows: "Max A. Boesiger, Inc. has failed to perform or is in default on the installation of fencing, pressurized irrigation, landscaping, and sprinklers at Summerfield No. 3 Subdivision." Partial drawings are permitted. All drafts must be marked: DRAWN UNDER WEST ONE BANK, IDAHO, LETTER OF CREDIT N0. 7412S. We hereby agree with drawers of drafts drawn under and in compliance with the terms of this credit that. the same shall be duly honored on due presentation to the drawee. .~' ~~ llV X -- OHglnal CR005[3 8-89) „r s y.t p, GotAenrod•Aeknowlatlgsmam ~ld ~ r pM's Copy Plnk•Untlinq Unn'a coPY Oran-Intamatbnal Oankinq Department's Flb Copy ~, @1{1'3!1995 1@:17 FR MAILING., ADDRESS ia6 E: 46th PLACE 464a CHINOEN eLYD. 80iSE, IDAMQ 83714 P.@I AREA CODE 2Q8 PHONE 375-6787 SINCE 7961 MIKE THOMPSON, PRESIDENT PR©POSAL ~fO: ..... , .MfAX SOESIGER CO. .... ... .......DATE, , ....... 1,-19-95 ....... ...... . .,. ADDi~ESS ... _ .... _ _ ,2447 VrSTA AVE : .. ....... ..... ...JOB ADQAESS .. Sl1MMERFIELD. 3.. , . ... . CHAIN LINK FENCE SPECS Fence Style ..... .... - .. Height of Fabric . .......... Top Aaii ..... ..... . .. Top-barb Wire ...... .... . Mesh .......... . ... *Gauge ... , ........ - . Tie Wire ............. .. Line Posts-Spacing .. ....... ... , Concrete . . . . . . ...... ... Line Posts ... .. , ... , , ... End Posts . .... . , ..... , Gate Posts ............. WC?pD FENCE SPECS Height of Fabric .. .. .. ~ .. Board Size ... ... .. Quality of Fabric ............ 2x4 Rails ... .. . 4x4 Posts ..... .... ..... Post Spacing ... ... , .... .. Concrete .. ...... ...... Nails ............... . C]uantity: 572' OF 5' TALL STAINED PIC7'l1RE FRAME FENCE $7435.0[i INSTALLED . 2Q48' OF 2x4X6' #2 DOG EAR CEaAR FENCE, NO STAIN $15,200.00 INSTAll.1=D -- - - ~._._. - - - ~ 22 ~ 135;, ~ k I D ~o ~~.. _. , r' 24, ~ ~ 8 5'O AI! changes other than shown on this order or drawing will be charged for at prices agreed upon at time of change. Owner responsible for property lines, private utilities, sprinkler systems, sewer lines and remC~val of existing obstructions. *NOTE: The higher number of chain fink gauge, reflects lighter weight materials. ACCEPTED - _ ~---_-._.. Terms of Payment Sales order by . ~~ _ ~ ~" ~ This quotation void after thirty 430j days. ~' . . ... ..a. .. ...~ . ~~.-. ~.ti..~~ rl .M• /M1 r1sn/1 rtf r• rIT\/ Tl1 Ar lY1Tt \~rhl 117 1'fP7/1 rr-ht where Auarity i^.ounrs s Proposal Supe-riot Construction & Excavating, Inc. 5023~/z Emerald Boise, ID 83706 Office: (208) 37&2132 PROPOSAL SUBMITTED TO: DATE: May 11, 1994 NAME: JOB NAME: Boesiger Development Summerfield Subdivision #3 STREET: CITY: STATE IP 2447 S. Vista Ave. Boise Idaho 83705 STORM DRAIN: 113 LF of 12" RCP @ $13.00/LF $1,469.00 1 - 1,500 Gallon Sand & Grease Trap @ $2,000.00/EA 2,000.00 2 - 1,000 Gallon Sand & Grease Traps @ $1,400.00/EA 2,800.00 Seepage Bed #1 - Lump Sure 5,600.00 Seepage Bed #2 - Lump Sum 2,000.00 Seepage Bed #3 - Lump Sum 4,300.00 TOTAL STORM DRAINS ALTERNATE SEEPAGE BED #1 - LUMP SUM $5,200.00 ';} PRESSURE IRRIGATION: 1,523 LF of 6" PVC 18 LF of 4" PVC 1,501 LF of 3" PVC 749 LF of 2" PVC Miscellaneous Valves & Fittings 57 - Single Services TOTAL PRESSURE IRRIGATION: @ $5.25/LF @ $4.75/LF @ $4.00/LF @ $3.75/LF - Ltvm~Sum @ $175.00/EA l~ll~l~I<E I1~.~O ~ 25, ant ~, so PEe PNoNi; c/11.~ w/ fu t,~y 5 =~ page 2 of 3 - ~_....~ We hereby propose to furnish labor and materials -complete in accordance with the above specifications, for the sum of: dollars S All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accida~ta~ordeleys-f~ our control. NOTE: This proposal may be withdrawn by us if not accepted within _ days. Authorized Signature Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Accepted: signature $18,169.00 $7,995.75 85.50 6,004.00 2,808.75 2,000.00 tiv, ~9 t rig; gam; gg.. Date Signature TAM- 1 =!-y5 THU 1 h 1 E• ~LE LANDSCAPE NUFcSEY y~ 1 .~4 P. 01 r---- - Proposal ~~ ~__,~• y ~ , ~~.~ Eagle La~~dscape Co~Zt~actors I~zc. ~~~~ M~, ~~ ~',l4.GLE 3182 East State Strer.l URSERIr Eagle, I~iatto 83616 -~--- Telephone: (2()5:) 93J-5723 -Fax: (205) 93~J-yl jP05RL Si78MlTTED TO (~~j [~ ~"_---~- PH9NE 1 BATE JOB NAM 1En, -"^ V, STATE, ANQ ZIP CODE - '-' - ~ ~UY(/ Ipv 1~`~l~Z~ JpB LO/`CA~~TfON1^,~+,~` 1~ r-- we ~~. ,rte r,, 1 -T" ~ ~ ~i~- ~ ~ ~ 1'~ C~ .~7 C9 v- /~'l9 T Q N'~G't-"h' t ~ ~ ; 7 't` t ~ ~'s. ~ ~' (-' jE S 7`~ Ly\, ~' O I~ v- e [ 'C~ r~ 7~ ~~ e S S to R ,` ~ ~ '~ g ~~. ~.-j' _' '' ~,:% . ~ y`` i'-~-~-0~.~-7- ? rs r~ C9 ~ I ~ ~ v~ 7' ~1 ~' ~ y f..~ ~t? [ ~, !? ~. • Meridian City Council January 3, 1995 Page 3 Stiles: Right Morrow: I would move to table Summerfield Subdivision No. 1 and 2, the development agreement until signed by the developer. Yerrington: Second Kingsford: Moved by Walt, second by Max, to table Summerfield Subdivision No. 1 and 2 development agreement until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: TABLED DECEMBER 20, 1994: DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBDIVISION NO. 3: Kingsford: As Shari has indicated that has been signed and returned. Any questions about that? Morrow: My only question is that everything is in the proper order Shari? Stiles: Yes, I believe there are no problems at all with the development agreement. Morrow: And Wayne? Crookston: As far as I know, from my review of it. Kingsford: Well if you wouldn't know Counselor, pray tell me who would? Crookston: Can t have five minutes? It is ready. Kingsford: I would entertain a motion to approve. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the Summerfield Subdivision No. 3 development, Max Boesiger, all those in favor? Opposed? MOTION CARRIED: All Yea • Meridian City Council January 3, 1995 Page 4 • Kingsford: Does that require authorization to have the Mayor and City Clerk sign? Entertain that motion. Yerrington: So moved. Morrow: Second Kingsford: Mooed by Max, second by Walt to allow the City Mayor and attorney to sign the development agreement with Summerfield Subdivision No. 3, alt those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR GROVE RUN SUBDIVISION BY JLG BUILDERS: Kingsford: Has Council reviewed those findings? Morrow: Mr. Mayor, I will be abstaining from voting on both items #7 and 8. Kingsford: Counselor, what does that require then? If he abstains does that constitute a tie? Crookston: No it would not. Kingsford: A tie if only 2 vote? Crookston: Yes it does, he is counted for quorum, but he is not counted in the voting at all. Kingsford: Having not been privy or consulted on the findings it would be my recommendation that be tabled until the next meeting when Mr. Corrie is here. I am not sure that I would agree with those findings, I am not sure that is fair to Mr. Corrie. Crookston: That is totally up to the Council. Tolsma: Mr. Mayor, I move we table this (inaudible) next meeting so we have the third councilman for the vote. Yerrington: Second • • SUBDIVISION EVALUATION SHEET CITY ~>F 1~~~~~ar~ Proposed Development Name SUMMERFIELD SUB NO. 3 City MERIDIAN Date Reviewed 11 /3/94 Preliminary Stage Final XXXXX Engineer/Developer Hubble Engr / Max A. Boesiaer Inc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall aanear on the plat as• "E. USTICK ROAD" "N LOCUST GROVE ROAD" 1:L "N. SUMMERFI~D WAY" The following new street names are aggroved and shall annear on the plat as: E "~. SUMMERDAWN DRIVE" "N. SUMMERCREST WAY" "N. SUMMERPARK AVENUE" ~ SUMt,A~eNE~C7F~T5 "~i. ~MMI:RY~II~ DRIVE" The above street name comments have been read and approved by the following agency representatives of the RDA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE,/~EyCY RF~E~ENTATIVES OR DESIGNEES Ada County Engineer John Priester QlL~. Date i-- Ada Planning Assoc. Terri Raynor ~ ate Meridian Fire District Representative '~ ate NOTE: A copy of this evaluation sheet must be presented to the Add County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS • ,\`` ,~' ~ ~ ,SUMMER ELL1 . ;~ ~ .~- -~. ~ ~~ A PORTION OF ~~.-~`~ SECTION 32 _,~ ~~ U PLATTE 0 MERIDIAN, ~ s. +r~ N E9'4D'S3' X3.49' c{-s> >/s. somas w ~.oT oq^ - so.~ -~ sTSo~ ~ 8ta' ~ ~" ~ ~ ~ ~9 ~~ ; ~ • RUBBLE +. s ~ o 0 o v$ .a E ~ Z o-+. s' ~ ~ I C-a =' _ nar ~,~. r ~ sr ut~s a ~~' F V 00'12'4S' E _~ s +iN Q c-+ s~:~0 c_,i O I.. SO.Ob' -e ~~ d + ~ E ~' 4 e-+~ I CURVE 0 .~.j +2Y' I I ~ ~ M E ~ 2iD'4S'00' E~ r '0~0a ' n 1 O ~ •~..~' ~ . • E O S O ~ ® + N A31~`tOr M< a osr:~• r ~ w E .~ • r I O ~-~ ~ + + .~ ~ ~: .. N 19'S4'65~ r ~ M ~ ©~ ~ N ~ N /53,T43' E ~,- r O s e r O~ 1~~ ,-~^~+ i SiEO~ ~ w ~nrar E , d 7`r z S 7Z lt'1S' E ~ ~{ ~° ~ + ~ W ~ • ~ J ~k + 4 < ® ® ~ ~ r .,,,~ _ ~ ~. ~ r 0-1 ~ ~ ~t ~ ® ' ~ ~ .-s + ~~ ~ .~ ~~ ~ ~ ` :~o ~ I j \ M • ~ ~ . ~ ~ ® ~43ti N ® ~ 9ooar W ® ~ ~ ~ rwsr ~a R~ N, ELp MI1Y ® ~~$¢ re~ N ' _ K RO~AN~r - - - i~~r Tom" x"3s~-- ~ - ! 511.95 Oi EAt9fi8 CENTRAL ~ • _ •• DISTRICT - ~'HEALTH DEPARTMENT MAIN OFFICE • 701 N, ARPASTRON~ PL. • BOISE, !D. 83704 • (208) 375-5211 . FAX: 327-8500 To prevent and treat disease and disability; to promote heaithy lifestyles; and to protect and promote the health and quality of our environment. 94-457 September 21, 1994 ~~~~~~~J SEP Z 3 ~~~~ DAVID NAVARRO -~#~ ~ ti,,~ ~~,L;.~,~j~~~~`'~ ADA COUNTY RECORDER 650 MAIN STREET .BOISE ID 83702 RE: SUMMERFIELD NO. 3 SUBDIVISION Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on September 20, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, /' ~ , ~' ~~~, Thomas E. Schmalz, E.H.S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Max A. Boesiger, Inc. Hubble Engineering, Inc. Serving Valley, Elmore, Boise, and Ada Counties Ada / (lase County Office 701 N ?rmsirong PI. Boise. !D. 83704 Envire. tieaith: 32r"''d99 Family P'cnning ?~'-7C00 Nutrltic, .. 327-7d6C WIC: 321-'488 WIC Boise • Meridian Elmore County Office Elmore County Office 1606 Roberts 520 E. 8m Street N. of Environmental HeaNh 9oise. ID. Mountan Home, ID. 19G S 4th Street E. 83705 Ph.334-3355 83647 Ph. 581-d4i,7 "vtc;:rr. yin Home. ID. 324 Meridian, ID. 93c~' Ph. 581-9225 83642 Ph.888-6525 Valley County Office P.O. Box 1468 McCall. ID. 83638 Ph. 634-7',9G • Meridian City Council June 7, 1994 Page 9 Kingsford: Will you withdraw the second. Yerrington: Yes Morrow: I will amend the motion to with the approval of the Mayor and City Clerk authorized to sign that agreement. Yerrington: Second Kingsford: Moved by Walt, second by Max to authorize the Mayor and City Clerk to sign the development agreement subject to the staff and the folks from Summerfield agreeing, atl those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: ORDINANCE#648 -PARKING ORDINANCE: Kingsford: AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING TITLE Z, CHAPTER 3, OF THE REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN ADDING A NEW SECTION, 10-302A, TO BE KNOWN AS "ADDITIONAL PARKING REGULATIONS," GOVERNING PARKING TO THE SIDE OF THE STREET, PROVIDING FOR ANGLE PARKING, AND DIRECTING THAT VEHICLES PARK FACING THE CURB AND NOT THE STREET; AND AMENDING SECTION 10-309 (B)1. (a) (1) TO ADD SECTION 10-302A AS A SECTION THE VIOLATOR OF WHICH WILL BE FINED $25.00; AND PROVIDING AN EFFECTIVE DATE. Counselor, would you give us a brief synopsis of what that is. Crookston: What it does add it specifically the parking provisions that you have just mentioned. Specifically delineating that on a two way road the vehicles must park on the right hand side of the road and face the direction from which they entered, facing the direction of trafFc. On a one way road, you have to park either on the left or the right side. Also it stresses that in situations where there is head on parking rather than parallel parking the vehicle must point to the direction of the curb rather than face out to the street where the driver has backed in. The parking provisions are set forth as having $25.00 violations for those types of violations. These are public streets. Kingsford: Is there anyone from the public that would like to have Ordinance #648 read in its entirety? Is there a motion? Yerrington: Yes, Mr. Mayor, I move that we approve #648 with suspension of the rules. • Meridian City Council June 7, 1994 Page 8 ITEM #6: TABLED FROM MAY 17, 1994 MEETING: DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBDIVISION: Kingsford: Council you have heard from Shari, do you have any further discussion? Morrow: Mr. Mayor, the specific issues with respect to the tabling have been resolved? Kingsford: I think that is true with exception of the development agreement specifically, would that be true Shari? Morrow: Gary is satisfied and Wayne is satisfied? Okay Kingsford: Are you saying yes on that Gary, are you satisfied with Summerfield subdivision? I think the only thing we have left basically on that is the field and the development agreement. Any other questions of the council? Is there a motion? Morrow: Mr. Mayor, I would move that we approve the Summerfield subdivision subject to the development agreement. Kingsford: That is all that is on there the development agreement. Morrow: That is all we are approving. Yerrington: That is all I am seconding. Kingsford: I think what you need to do guys is to approve of that once it is put together. Staff is saying the kinks are out of it and not waiting 2 weeks to approve that to their getting it ironed out then we could sign it. Morrow: twill rephrase the motion, I move that we approve the development agreement of Summerfield subdivision subject to staff and Summerfield Reps coming to a consensus. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the development agreement subject to staff and Summerfield representatives coming to agreement, question Counselor on that, do we need to have authorization from myself and the Clerk to sign that in this motion? Crookston: Yes •. ~ • # • • Meridian City Council April 19, 1994 Page 29 Kingsford: Other questions for Mr. Lee? Is Council prepared to make a decision? Morrow: Mr. Mayor I move that we approve the final plat of Tract subdivision No. 5 subject to installation of the pressurized irrigation system. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the final plat of Tract subdivision No. 5, 75 lots conditioned upon pressurized irrigation system, all those in favor? Opposed? MOTION CARRIED: All Yea Lee: Can I ask a question about that pressurized irrigation? The waiver requests on these subdivisions I assume apply on all of them? Kingsford: Certainly, there are as we have been advised by Nampa Meridian Irrigation district someplace they just can't service so that would be the intent of leaving that waiver in place in our ordinance, it will be for that purpose only. Lee: I know. in Tract Subdivision in particular they have been forfeiting their water rights as the subdivision has proceeded, but we will address that. Thank you. Kingsford: Again I would encourage you to hang in and listen to Mr. Baker's comments because he is looking at retrofitting and I believe that Nampa Meridian will still be willing to work with reassigning those water rights. ITEM #13: FINAL PLAT: SUMMERFIELD SUBDIVISION N0. 3, 64 LOTS BY MAX BOESIGER AND NUBBLE ENGINEERING: Kingsford: Does Council have any questions for Mr. Boesiger or his engineer? Come: Mr. Mayor, I guess I have some problems again with Gary's comments, why do we have 63 lots now and the preliminary showed 56 lots. We are changing lots sizes from the preliminary to a final, why? I guess Max you can. Merkle: A little history on the project, when the preliminary was submitted and approved it was submitted under an application by G.L. Voight Construction. The Bonn property was the easterly 20 acres I believe which this phase is now. Subsequent to the approval of that Mr. Voight did not obtain that property Boesiger has that properly now. You approved the ordinance earlier for a little .74 annexation Meridian City Council April 19, 1994 Page 30 for the piece of the southeast comer of the Summefield. When we went through the Planning & Zoning public hearing and the Council public hearing for that annexation we talked about extending that culdesac and bringing it up. Because if we lengthen the culdesac it would be in variance of your ordinance of 450 feet. We have met with ACHD on that and they have no problem with the interior modification of the street layout. When we added .that .74 acres and extended the culdesac, we added several lots along that area. When we bring that culdesac into the intersection, when you look at the layout and compare the 2 you have to line up the intersection. So, there is some street modification in the southeast corner of the preliminary plat to meet this final plat. And just by the function of realigning the streets, we have added several lots. We are still in compliance with the approval and the findings of fact and conclusions of law for the preliminary plat which talks about the density of the annexation for the 70 acres, we are in compliance of that. When we sat down in January with Planning & Zoning staff on how to proceed on this issue this is exactly the way we were advised to proceed. Was to submit for the annexation of the .74 acres and address the layout change when we submitted our final plat and that is exactly how we proceeded. Kingsford: For clarification that was the Planning & Zoning Administrator and with Mr. Smith and myself and Mr. Merkle last Thursday and that was discussed. Merkle: It was yesterday. And to address an issue that may come up, we are installing pressurized irrigation in this and all the phases of Summerfield Subdivision. Conie: So, you don't have any other problems with the engineers comments? Merkle: No, we can comply with Gary's comments. Kingsford: Have you submitted your CC&R's? Merkle: Not on this particular phase, but I have them here in my hand right now. I am not sure what- the progression of Summerfield No. 1 CC&R's are, but they would just be an amendment to them. And I have those here this evening, I would just suggest that we make this a condition of the signature of the final plat that this be resolved and approved by the City Attorney. Crookston: I would have to look back to see whether I reviewed the initial ones or not. Merkle: To apologize on my part we have never had to bring these CC&R's at this stage from my understanding. But, if we have to in the future we will definitely • Meridian City Council April 19, 1994 Page 31 include that in our obligation package. Kingsford: We will be getting out a checklist it is a little more definitive of those things and I will make sure you get that. Corrie: Did you also get that Summercrest? Merkle: Yes, we will submit that Ada County Street Name Committee approval to Gary prior to him signing the final plat. Kingsford: Any other questions? Donahue: Can I ask a question? Kingsford: Well, I would be willing to do that, but it might be more appropriate to ask him maybe in the foreroom. Donahue: Well, it is concerning the findings of fact and conclusions of law that were done by the City Council December 7th, in there is states straight out that the density there would be 3 lots to the acre (inaudible) and now there is not. So, I would like to know how we can change the conclusions of law. Merkle: Mr. Mayor, members of the Council we are less than 3 lots per acre over the total 70 acres of the Summerfield subdivision. Donahue: On the application it says 3.2 in phase 3. Merkle: The approval and findings of fact and conclusions of law for the Summerfield subdivision said a maximum of 3 units per acre, it is not an exact density it is a maximum density. Donahue: Because in the sworn statement and (inaudible) stated in there Kingsford: Ms. Donahue, if we proceed with this would you come up to the microphone so we can get it on tape please? Donahue: Well, I am just kind of confused because I get all this that is sworn testimony and Don Hubble on August the 17th, 1993 we have seen a number of concerns (inaudible) about the neighboring property owners for the primary concerns of -our density, traffic and school crowding. Our density for this project is slightly less than 3 lots to the acre and we are applying for an R-4 which would allow for a total -~~} s • Meridian City Council April 19, 1994 Page 32 of 4 lots to the acre, so we are not near the maximum density of this zone. So in other words they were going to stay less than 3 houses per acre. And now all of a sudden it has changed again in phase 3 and I thought this was alt cut and dried and voted on. Kingsford: The findings that you have there cover all phases of that subdivision, and all phases of that subdivision they will be under 3. Donahue: You are averaging is that what you are saying. Kingsford: That is what the findings talk about is for that subdivision and that was alt annexed at the same time and that is what you have in your hand. They all will be when you look at that parcel of land under 3. Donahue: I will have to redo that, okay if it is under 3. Kingsford: Is Council prepared to deal with that issue now? Are there any other questions of staff? Morrow: Mr. Mayor I would move that we approve the final plat for Summefield subdivision No. 3 subject to staff conditions and pressurized irrigation system and CC&R's. Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve of Summefield subdivision No. 3 subject upon pressurized irrigation, and submittal and approval of CC&R's and staff approval, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: FINAL PLAT: WATERBURY PARK SUBDIVISION NO. 4, 35 LOTS BY RAMON YORGASON AND ROY JOHNSON: Kingsford: Does Council have any questions for Mr. Yorgason or staff? Morrow: I have a question for Gary with request to his comments and sanitary sewer easements lots 31, through 35 Block 1 needs a clear easement unencumbered by fences. Is the alignment of North Ridgebury Avenue and West Woodbury Drive following the existing sanitary sewer line. Item #4 show a 20 foot wide sewer easement in the leg of Lot 30 Block 1 from Woodbury Drive. Have those • MERIDIAN CITY COUNCIL MEETING: April 19, 1994 APPLICANT: MAX BOESIGER AND RUBBLE AGENDA ITEM NUMBER: 13 ENGINEERING REQUEST: FINAL PLAT: SUMMERFIELD SUBDIVISION NO. 3 A EN Y CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: SEE ATTACHED COMMENTS MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: COMMENTS ~ (Y ress~ .~~ wI ~ ~ rrl9 ~ ro ~er~ ~.Y"'e ~~ ~ ~~,Q~~~ C® J' - `S C~~~ ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: O~d•duQ,r,I N ~ J$~9~I SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: c .. 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney MEMORANDUM • HUB OF TREASURE VALLEY • A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor To: Mayor and City Council From: Gary D. Smith, PE Date: April 12, 1994 ,~u,~ RE: SUMN>ERFIELD SUBDIVISION NO. 3 (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning & Zoning I have reviewed this plat and offer the following comments for your information and or use as conditions of the applicant during your decision making process: l . This plat does not conform to the previously approved preliminary plat because, street alignments have been somewhat revised and 63 lots are now shown in the area occupied by 56 lots shown on the preliminary plat. 2. Submit approved street names from Ada County. The east-west designates need to be applied to the overall plat so east-west streets don't carry anorth-south prefix and vice-versa. 3. What happened to Lots 17-21, Block 8 in numbering the lots from Summerfield No. 1 in No. 3? 4. The Ustick Road right of way dimension shown as 40' should be 45'. 5. The frontage of Lot 26 -Block 4 needs to be 80 feet. 6. The Summerbrook Drive frontage of Lot 29 -Block 8 needs to be 80 feet. 7. On the plat copy I have of No. l Subdivision the north-south dimension of Lot 25 -Block 4 west boundary is 85.00 feet. This plat shows it to be 35.94 feet. Why the difference? 8. Insert "recorded instrument number" in Note 5 and in the Certificate of Owners. 9. In the 18th line of the legal description under the Certificate of Owners the first distance is shown as 55.39 feet on the plat. Which one is correct? 10. The owner needs to sign along with an acknowledgement. 11. Verify that Lot 22 -Block 4 contains 8,000 square feet. • HUB OF TREASURE VALLEY • OFFICIALS COUNCIL MEMBERS A Good Place to Live WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA CITY OF MERID I GARY D. SM THS P.E. City Eng Weer IAN OBERT D. CORR E BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 ~ Planner g zoning Administrator GORDON, Police Chief W.L. BILL , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887813 Chairman -Planning & Zoning Public Works/Building Department (208) 887-2211 GRANT P. K[NGSFORD Mayor TRANSMITTAL T O AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Final Plat: Summerfield Subdivision No. 3 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY _CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES !~ OTHER: .~ YOUR CONCISE REMA K /1 / • • . HUB OF TREASURE VALLEY OFFICIALS COUNCIL MEMBERS A GOOCI PIaCe CO Live WILLIAM G. BERG, JR., City Clerk gONALD R. TOLSMA CITY OF MERIDIA MAX YERRINGTON GARY D. SM TH, P.E. City Eng Weer N ROBERT D. CORRIE BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner a zoning Administrator BILL GORDON, Police Chief W.L. , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888433 • FAX (208) 887-4813 Chairman ~ Planning 8 Zoning Public Works/Building Department (208) 887-221 l GRANT P. KINGSFORD Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Final Plat: Summerfield Subdivision No. 3 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and East of Locust Grove Road JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT -CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8~ FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: ~~ 3 ~'~ YOUR CONCISE REMARKS: r.a s / w n'`1 l~ h~ c v ~i11 s o 4- O nc ~,,~ ~ r" r.v s ~ J e W i kNS 4s r o ~ ~-~e~ f a l~, a. .? '+.u ~i d~x:+. ~'~c* S~iF ~. ~Y (/~ 1/~ j//f G ~I O ~V L ~~ ~2 Q ~~ • • SUPERINTENDENT OF SCHOOLS Bob L. Haley ~pR EXCE~`~ DEP Dan Mabe, Finan e & Administration ?'n DIRECTORS /~~\~~~ to Sheryl Belknap, Elementary Jim Carberry, Secondary Christine Donnell, Personnel Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET • MERIDIAN,IDAH083642 • PHONE(208)888-6701 April 4, 1994 RECE~'VED City of Meridian APR 0 7 1994 33 East Idaho Meridian, Idaho 83642 CITY OF 1'~l~hi~IAIV RE: Summerfield Subdivision No. 3 Dear Councilmen: I have reviewed the application for Summerfield Subdivision No. 3 and find that it includes approximately 64 homes at the median value of $150,000. We also find that this subdivision is located in census tract 103.11 and in the attendance zone for Pioneer Elementary, Lowell Scott Middle and Centennial High School. Using the above information we can predict that these homes, when completed, will house 27 elementary aged children, 19 middle school aged children, and 18 senior high aged students. At the present time Pioneer Elementary is at 93~ of capacity, Lowell Scott Middle is at 131 of capacity and Centennial High School is at 113 of capacity. The Meridian School District is not to opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available at a minimum price for a school site in this area. The site would need water and sewer service available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. • • We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, ~ ~~ Dan Mabe Deputy Superintendent DM:gr SU~VISION EVALUATION ~EET RECEIVED APR 1 5 19g~1 Proposed Development Name SUMMERFIELD SUB NO. 3 City MI"fltf>QIIAp1; I~x'a?'r~y~~. Date Reviewed 4/7/94 Preliminary Stage Final Engineer/Developer _Hubble Engr. / Max A. Boesiger Inc. The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. must be recorded in numeric order Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat as: "E. USTICK ROAD" "N. LOCUST GROVE ROAD" The following new street names are approved and shall appear on the plat as• "W. SUMMERFIELD DRIVE" "N. SUMMERCREST WAY" "N. SUMMERPARK AVENUE" "SUMMERBROOK" is being used as a north/south street in phase 1 therefore cannot be used ~s_an east/west in phase 3. °SUMMERCREST" cannot be north/south as well as east/west The above street name comments have been read-and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEE, ENCY R R SENTATIVES OR DESIGNEES Ada County Engineer John Priester '' L.~ Date Ada Planning Assoc. Terri Raynor ~1..-~ -L Date `~""T_ f~ Meridian Fire District Representative Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOC TRISUBSISM CITY.FRM O ~ r /~ \ t / ' - ` cc T G 1 ~©c cn _ - ~ g ~ r ~zZ _ ? ? Z Z _ ~ N J ~ U ~ Z i J • ~ ~ n (~; ~ O n 4: 9 a _ ~ ~ m ~ Z( ~ Z ` l _ T ` // mi~ I `/ ~ ~ _ I~ r=I ~I ~v ' ".4'" ~~ .;I: b V~ 0 w ~ 1 W H < i J i a z 1'' I ~ '2~ n 4 Y n I ~y S ~ I ~ i I ~ IE . 9 S ~ ^ " 6 ~j ^^ ~ 6 I I ~ ~ ' I 1~e s e ~ ~ • s ~ e e s ~ g ~ L = w " • • s s e w w - • w n • ~ N ti » I M~ w h i t N Y - S i H M a S A O I i Z i i " O i i 0 1 1 I I e~ ~~ ~ - ~: ^ i ~-I a ~ ' ~ i ~ la ~; ? , -r =s ~ ~ six ~ ' a r_k~ I = . = ~ ~ ~ ~ ~~~- I s ; I ~ ~ i- ' i ~I ~ ~ ~ Is 's a ^~I6 I~I~ . ;. E ~~ L . a ~ ' IR ,~ Y i ~J . R~ 1 ', _ j. ~ , .. 81R r . R L ' 1 ~ X ~ I ~ • I Ih~ ~(~1 ~ , j. , 'i.>,. i . -~: cCG7C '~ : ~R IiC ,° ~ ~ ' F F ~~. ~ Ni "jp ~ " ~ " IR; ~F n I I I i j I l~ '' t 1 i ~ I I 1 ~~ `O`O Itl~ . e. IMe ~6 ~ 1~+ ~ . 11y~ O ~ r le 10 g l~ i I le . I1~ f~ ~e1a l~.. 1010 " e Y IW d ' ~ ~ ~ ~_ e O O _ ' I, .e~ w 1 ~ 1. I. ,M$ O ~~ . I~ 1. ;. ~ Yy~~ Op . $ 11M~1 Oy . e /O~ d 1. ~e Q~y IN . le_ ~11~1y~ {N eo- ~ /~/~ ~'.~LYI ' ' I $ p~1O M1~ W^p~~. i ~ v~~11!y~ yyY 111^^^ I~ ~p YM 1^ ~e Y1 h 1 W $ ~ ~: q 1. 1 ~ . ~ . p~ Oy . ~ _ : o_ O~OOiO O1MiP.N I .1 t, eieje lOy110 /,NI. 1 b ~0 ~ I~ 1 ~0 0~ ~w~ . i I 1 !~ ~ I 1, I ' I 1 1 I I i 1 1 I~ ~ ~ ~ '^ y . * ~' °1 stn ;=1-~- lu • '~ f c+ i ~• I' I ' ~ ~i1 ' 1 Sil~i ln I.. n~ I i1.+ n 1 R !i ~ i il. u iNy I ~ w':: w:u i ~i ~ulu i m ju ' yl , ~ I "~~ 1 ~I,e~a I ju ~ I ~ k: I I~ ~u l I I s c 's G31~v'eN~ R I ~ 'a Rf~~l' ~ N Z, bu211 c M .Li.:O.Cf.' A l ~ ~ \~ W ~ ~ \\ 3 Mi ti~ ~~ ~~ ~~ C~ oR ~~ c~ Z ~ ~` z Z A ~~ ~ •I '. ^',~ ~ IA N C 3 1 i r d N f1 Q~.O D~ ~ " ~~ ~E~ ~ ~ ~ ~ ~ - ~ ~~~ 6~ 1?~ 2~ ~ ~ ~ ~ k<~ NY ~`~ ; ~~ .° Gi Cli ~ ~ 3 ~ 2E~ F ~ e s~~ ~ .~ 1 ~ f 1 I I I „ I I ~ ~' ,if;! ~~~ a J~ , ~~y[ 01 ~~'s i t hOr ) ~+ ~1~ ~h Q~! ~i~ ^i I, - ~I ;I ~' . i i r~ `x ~Lw ~': asses i ~I I ~ S !~~ ,3 ~~ ~ ~s ~'~ ~~~; I~; a ~P 1 ' 1 kr ~ i~ ~~a~ , ~ J ~ N ,Ct,9 L00 N ~ ~ ~~ ~ 1 1 N w ~~ / >rC s. 057720' M t ~ s I 177.68 • ; Q c: ~" ' ~' t8 'g ~'E~ ~R '~ W t "ON N0151~ iQBt15 ~I~• = I] gN O'3 idtl3r'Iht'S cj~~ ON ~~g '1 P r• ;~ ~~ I >: ~': ! p! ~ ~a~ ~ ° : ~!E" ~~ ; r~„ ~ ~ GE ~ YI~~ ~~ {~ ~~ jai ~4i ~ ~~' ''~Ci_ s s5 ~ ~i ~~.e f ~ ~ ~~ rs ~ ~g ~~~ 6~i ~~g ~~ ~ ~r a I~ ~~ g~ ~~ ~~~ !R ~ A ~~ ~~" ~~ ~Q~ ~°~ ~~ i~ ° ~ ti ~dQ ~~ es ~~~ ~_ ~~ ~~ t• ~ !~ ~~~ ~~ i~~ QS~ §8 ~~ ~~ ovoa ancao :srx- . $' g _ ., n ~ r CENTRAL •• DISTRICT HEALTH DEPARTMENT Rezone # _ Conditional Prelimi Plat -,, ; ~, Return to: ^ Boise ^ Eagle ^ Garden city C~Meridian ^ Kuna ^ Acz ^ I. We have Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type-of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ,~ 7. After written approval from appropriate entities are submitted, we can approve this proposal for: (central sewage ^ community sewage system ^ community water well ^ interim sewage central water ^ individual sewage ^ individual water 8. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~<central sewage ^ community sewage system ^ community water ^ sewage dry lines ~ rantral water ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 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. Stormwater management system shall not degrade Date: / / 7 as eoveua 1 y, ans s a e reviewed and Reviewed By: pp y w is ever agenr_y is appropria e oun y or REVIEW SHEET Environmental Health Division ~~ -:=' 1 1 1994 CDHD 10/91 rcb, rev. II/93 jll .~ HUB OF TREASURE VA~GEY OFFICIALS CO MEMBERS A Good Place to Live ' y WILLIAM G. BERG, JR., Cit Clerk JANICE L. GASS, City Treasurer GARY D SMITH P E Cit i En e ~~~ CITY OF MERIDIAN ;.~ R. TOLSMA MAX YERRINGTON RT D. CORRIE j . , . . y g n er BRUCE D. STUART, Water Works Supt. A pR 1 f ~ , ~ TAW. MORROW JOHN T. SHAWCROFT, waste water supt. KENNY W. BOWERS, FireChiet 33 EAST IDAHO 1 t~~~1 N~~ , ° ~Q SNARI T ES t?~~'~'~ministrator W.L. "BILL" GORDON, Police Chief ~ MERIDIAN, IDAH083642 ~~~ ~ 1 ~ ~ WAYNE G. CROOKSTON, JR.; Attorney Phone (208) 888433 ~ FAX (208) 887813 JIM JOHNSON Chairman • Planning & Zoning Public Works/Building Department (208) 887-221 ~ ~ qpR 194 GRANT' P. KINGSFORD Mayor NAMPA & MERIDIAN ' IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, may we have your answer by: April 12 TRANSMITTAL DATE: 3/30/94 HEARING DATE: 4/19/94 REQUEST: Final Plat: SummerField Subdivision No. 3 BY: Max Boesiger and Hubble Engineering LOCATION OF PROPERTY OR PROJECT: North of Ustick Road and East of Locust Grove Road JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT CHARLES ROUNTREE, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT -BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) -WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) -MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & 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 Milks Lateral courses along the south boundary of this -CITY ATTORNEY - pro iect . The rightrof-way of the Milks Lateral is 30 feet -CITY ENGINEER 15 feet from the center each way See Idaho Code 42-1208-- _CITY PLANNER RIGHTS-OF-WAY NOT SUBJECT TO ADV R4F pnSSFS ION The developer must contact John AnrlPrSn n nr R; ~ 1 Hen~~n ^r ~ ~5-OhFi'~ or 4 4 1 fnr a rnhal before any Pn~rnat'hmenr nr change o ~D f right-of-wad nrrttrc_ Thic ili.c.r,-;,-r rantt;rP~ chat a Land Use Ch~nn__e_lS; re navel n= mans ap,nl ; ca r i nn ha f; 1 arl fnr ram;=r r; nr rn f; na 1 nl art i n C DOnri3~nnra ar 'iL~'2-1RR4 ~r /,;,~,~7$(_l_ ~ om, ontact fnr f„rrh er ;nfnrm~ t: i an A Ll l at e~1 ~a :-a~ be prnter-rare M„n;~;n~i ~,,,-fa,.p ~r . . _ . . ..- . . . s ~.,ays must ~; ,,,,,ter t,a .- t i d i L~ ~ ~ e a ue -ex>-s te an~~ c ,r a,,,~ raina e leaves the site, Nampa &Mer>_dian Irrigation. District must review drainage plans It is recom- mended thatTrigation water be made available to all developments within Nampa & Meridian Irrigation District . Ba~ ill ~'fienso~reman, Nampa & Meridian Irri ation District g ~ ~ ~2a~c,~ia. & ~f~~ ~I~cigat~a~ ?~i~zict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 James C. Merkle Hubble Engineering, Inc. 9550 Bethel Court Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Su.mmerfield Sub No. 3 Dear Mr. Merkle: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent City of Meridian Max A. Boesiger, Inc. enc. ~oQ~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 15 April 19.94 Letter of Credit International Banking Department 101 S. Capital Blvd., Boise, Idaho Post Office Box 8247, Boise, Idaho 83'733 Telephone: 208-383-7600 Fax: 208-383-7563 Telex: 262342 Answerback: WEST ONE BK IDA West One Bank, Idaho ~~~ ~[ YK 0 d e~ b z o a City of Meridian M ~ 33 E. Idaho Avenue Irrevocable Standby a Meridian, Idaho 83642 Letter of Credit No: 741.25 L`• E E -~~ ~ Dated: January 24, 1995 w 0 v Expiration Date: August 1, 1995 Y ~ At Our Counters -a 0 Dear Sirs: _v U "' ~ We hereby authorize you to .draw on WEST ONE BANK, IDAHO', BOISE, o IDAHO _ 83733 0 a For account. of Max A. Boesiger, Inc., 2447 S. Vista, Boise, ID 83.705. ~. Up to the aggregate amount of USD62,223.15 (SIXTY TWO THOUSAND TWO HUNDRED TWENTY THREE AND 15/100 U. S. DOLLARS) available by v your draft(s) at sight accompanied by the following documents: o The original of this. Letter of Credit for endorsement. A statement purportedly signed by an authorized individual b of the City of Meridian as follows: "Max A. Boesiger, Inc. ~ has failed to perform or is in default on the installation of femcing, pressurized irrigation, landscaping, and ~ sprinklers at Summerfield No. 3 Subdivision." Partial drawings are permitted. a ° All drafts must be marked: DRAWN UNDER WEST ONE BANK, IDAHO, LETTER OF CREDIT N0. 74125. .~ b We hereby agree with: drawers of drafts drawn under and in compliance with he terms of this credit that the same shall be duly honored on due presentation to the drawee. .5 a v r v 5 v n. k N .~ ti t O a m W ,G ~, ~ ~thorizcc r nature -~ CR00573 (8-89)~~ ~, ~~~ t~~~ ~~ ~~~ ~ °- ~/ gnature GolCenrotl-AeknowkWpemeM ~ ~rr••~••"wPY Pink-LenAlnp Unit's Copt Gress-Intematbnal Banking Dapertment's Fib Copy