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Centers, Lee Prelim Site Plan ReviewOFFICIALS WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney March 21, 1y96 Mi•. Van E1g Briggs Engineering, Inc. 1111 S. Orchard, Suite 600 Boise, ID $3705 Fte: Preliminary Site Plan Keview Lee Centers Property Dear Mr. Elg: ROBERT D. CORRIE Mayor 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 This letter wiII confirm our discussion of°3/1/96 and my preIiminaty review of the above- referenced site plan: Parking not to be reduced below that shown. Coordinate required emergency access with the Meridian Fire Department. 2. Separation of° four-plex and six-plex needs to be a minimum often feet (10`). Verify UBC requirements with Building Inspector. 3. A minimum five-foot (5') high fence is required along the northerly and southerly boundaries of the property. The fence along the southerly boundary shall be of non- combustible construction. 4. Enclosed trash areas need to be provided per City Ordinance 11-2-413. Verify access requirements with Meridian Sanitary Service. 5. Provide signage for handicapped parking spaces. 6. Detailed landscaping plan to be provided for review and approval prior to obtaining building permit. This should include all sizes and species and be served by an underground sprinkling system per City Ordinance. Trees to be a minimum of three-inch (3 ") caliper. HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Departrnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 7. All existing ditches crossing the property need to be tiled. Mr. Van EIg March 21, 1996 Page 2 Requirements of other City departments may dictate further modifications. Thank you for the opportunity to review this project during the development phase. If you have questions or need additional clarification, please do not hesitate to contact me. Sincerely, CITY OF MERIDIAN ~~~5 Shari Stiles P&Z Administrator 7Hls FORM PURN1sHEn coURT8lY oP: a STEWART TITLE R6Ab dF. APPAOVAb BY ORANTA[{(B):~ tiPACg A90Va TNIa L.1NB FOR AACOapINO DATA OOBO Otcder No.: 941)48863 >3R/PC WARR.A.N'I'Y DEEb FOR VALU$ RECEIVED GLENN A. GIhSL$R AN>5 DENISE I , GIESLER, TRUSTEL>$ OF GIESLEit FAMILY REVOCABLR LIVING TRUST GRANTQR(S), does(do) hereby GRANT. BARCiAiN, SELL and CONVEY unto ALLEN LirE CENTERS AND DIANNS CENTERS, HUSBAND ANL) WIFB C3RANT8S(S), whose current address is: the following describod real properry in ,ADA County, State of Naha, more particularly described as foliflws, to wiL• A13 Get forth on the t-tt:ached RxHIHiT KA^, which by this reference becomes a part hereon. TO HAVE ANQ TO HQLD the said premises, with their appurtenances unto the said arantee(s}, and Grantee(s) heirs and assigns forever. And the said trantor(s) doa(do) hereby covenant to and with the said Grantee(s), that drantor(s) is/are the owner(s) In fee simple of said premises; that said remises are free from all encumbrances, 13?CCEPT those to which this conveyance is expressly made subject and those Heads, suffered or done by the Grantee(s); and subject to reservadone, reatricttons, dedications. easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (Including Irrigation and utility assessments, if any) for the current year, which ate not yet due and payable, and that Grantor(s) wil[ warrrant and defend the same from ali lawful calms whatsoever. Dated: June 30, 1994 CrLFNN A, GIlSSLER, TRUSTEE DBNIS$ I. GIBSLIyR, TRU$TEE STATE C1F IAA80 ) COUNTY OF ADA ) Un reels 30th day of June , in the year of 1994 ,before ma, the undersigned, a Notary Public in and far said State, personally appeared known or identified to me to be the perROn(s) w$bse name(s) is/are subscribed to the within instrument, and acknowledged to the that he/she/they executod the same. 5ittnature: Name: PATTY `I , CHCIPP (WM q~ -~1 ' kcsiding at: SOI$B IDABt) _~„„~$DER NO. 94048863 DR/PC EXHI9ZT "A" A portion of the Southeast 1/4,of the Northeast Y/4 of Section 1~, Township 3 North Range 1 West, Boise Meridian, Ada County, Idaho, more parti~ular~.y described ae fo~.iows: Beginning at the 9autheast`corner of the Northeast Quarter (NE1/4) of the Northeast QuarG~r {Nk'1/4) of Section Thirteen in ~'awnship three North of Range One West. of the Boise Meridian in Ada County, Staae~of Idaho; thence running North along the Eaat Boundary of Seddon Thirteen, in Township Three North of Range One West of the Boise Meric'lian, for a distance of 35.8 feet; thence North 89 degrees 91' WesC for `a distance of 25.0 feet to THE TRUE PLACE; pF BEGINNING; thence North 89 degrees 41' West for a distance of 363.0 feet; thence North for a distance of 120.0 ,feet; thence South 89 degrees 41' East for a distance of 363.0 feet; thence South for a distance of 120.0 feet, to THB TRUE FLACE QF BEGINNING. ;,, z~~~:_ i ~~ ~ ~~~ a ~ ::~sPr~ Z7 i3 I P . 2 ~QicJG ~~ NANlPA ~ ~{£RIaIAN ~~~icA~Iair ~s5i'k7iCY '9s ~uEi ~z ~n lp ti FtE~~ i. , T,Tf'RT~T$E AGREE LICENSE AGREEMENT, .;;made and entered into this ~ day of ..~~ 1996, by and among NAMPA & M$12IDIAN TRRIGATSON DIST ICT, an irrigation distr',ict organised and existing under and by virtue of the laws of the; State of Idaho, party of the first part, hereinafter referred to as the "Distract", and LEE CENTERS, an individual, 3770 South Linder load, Meridian, Ydaho 83642 party or parties of the second.part, hereinafter referred to as the ,'Licensee" . WHERSA.S, the L,ipensee owns the real. property (burdened with the easement a~ the' District hereinafter mentioned) particularly described in the.'"Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or Canal known as EI {'hereinafter referred to as 'ditch ar canal"), an integral part of the irrigation works and system of the District, together with• an easement .therefor which includes easements to convey irrigation water, to operate and maintain the ditch or canal, and for ingress and egress `for those purposes, and which da.tch or canal and said easements therefor Dross and intersect said described real'px•operty of th® Licensee as shown on Exh~.bit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction ar acti'vity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee, shown on Exhibit B attached hereto and by this reference mad a part hereof, in the manner and under the terms and conditions hereinafter set Earth; azxd, WHEREAS, it is zxecessary that the absolutely ~.ts right to contrgl any modification its watercourses and its right of way along its District protect or alteration of watercourses; NOW, THEREFORE, for.:arid in consideration of the premises and of the covenants, agreements and Conditions hereinafter set fozth, the parties agree as fellows: 1. The Licensee shall have the right td modify the saa.d ditch or canal. or encroach .upon the District's easement along said• ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of'said ditch or canal by the Licensee or encroachment upon the Dis:trirt'g Pasement alone said ditch or canal sha1.1 be performed in accordance with the "Special Cond.iCia~ns" stated in Exhibit D, attached hereto and by this reference made a part hereof. ~. Th~.s agreement pertains only to the Licensee's modif~.cation of said ditch,. or canal or encroachment to the District's easement for the ,purposes and in the manner described herein. The L~,Censee shall no.t change the location of the ditch or canal, bury the ditch or canal: its pipe on the Licensee's property, or otherwise apex the ditch or canal in any manner not described in this agr8ement without first obtaining the written permission of the District. ~ . each facility ("facility" as used in this agreement means any abject or thing of any nature installed in or on the District's easement by the Licensee) shall be Constructed, instal~.ed, operated, and maintained at al], times by the Licensee and at the cost and expense o,f the Licensee. 4. The Licensee agrees to construct, in.~ttall, operate, and maintain each facility in,a safe manner and condition so that it will not constitute or cause a hazard to any person or property. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any hazard or unsafe condition in or arising,`,from the construction, installation, operation, and maintenance o~;such facility. 5, The Licensee agrees to construct, install, operate, and maintain each facility at such times and in such seasons and in a manner that will not interrupt or interfere with the fXow of irrigation water in said ditch or canal or the delivery of irrigation water by the •District. The. Licensee agrees to indemnify, hold harmless, and defend the District from all Claims for damages arising out of any 3mpaix`ment of the flow or delivery of irrigation water in said ditch or canal. which may be caused by the construction, installatio~x, operation, or maintenance, and any use or condition of any faCil'ity. LICENSE AGREEMENT - Page 2 6. The Licensee agrees to construct, install, operate, and maintain each facility in a manner that will not CausB an increase in seepage or any other increase in the loss of water from the ditch ar canal, the subsistence of soil within the easement, or any other damage to the easement and irrigation works, The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any increase 3,n seepage or other water Loss from the ditch or Canal, subsidence of soil in the easement, or ariy other damage to the easement and irrigation works which may be Cawed by the Construction, ~-nstallation, operation, and maintenance, and any use or Condition of any facility, 7, Any alteration` of the District's easement by the Licensee, and, any alteration of property adjoining the District's easement by the Licensee, i'nCluding, but not limited to, the excavation of soil., shall be performed and maintained in a manner that will riot cause an increase in seepage or any other increase l.n the loss of water from the ditch or canal the subsidence of soil within the easement, or ariy other damage to the easement and irrigation works. The Licensee shall provide the District reasonable prior notice of any such alteration not identified in this agreement. The Li.censeeagrees to indemnify, hold harmless, and defend Che District from all Claims for damages axising out of any increase in seepage ar other water loss from the ditch or canal, subsidence bf so~.l in .the easement, yr any other damage to the easement and irrigation works which may be caused by the performance and mair~Cenarice,;` and any use or condition, of any alteration of the easement by, the Licensee, and any alteration of property adjoining the easement by the Licensee, 8: ~ The District xeserves the right, at the~District's option, to remove any facility installed by the Licensee and to repair any alteration by the;LiCensee pf said ditch or canal and the easement therefor which does not comply with the teams of this agreement, and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition or hazaxd caused by the Licensee, at any time, az~~ the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes, If the Licensee shall fail in any respect to properly mainta~.n and repair such facility, then the District, at its option, and without a.mpairing or in anyw3.se affecting ~.ts other rights-and remedies hereunder, shall have the right to perform the necessary mairstenanCe and repairs and. the Licensee agrees to pay to tk~:e District, on demand, the Cost or expense which shall be reasonably expended or incurred- by the District fox such purposes. The District shall give reasonable nr~tice to the Licensee pra.or`to the District's performing such maintenance, repair or other work except that in cases of emergency the D~,strict shall attempt to ,give such notice as reasonable under the circumstances. Nothing in this paragraph shall create oar support any claim of az~y kind by Licensee or any third party LICENSE Ac~REEMENT - Page 3 .~ 1 against the District for failure to exercise the o~ 4ons stated iri this paragraph, and Licensee shall indemnify, hcl harmless and defend the District from any claims made again': the District arising out of or relating to' the terms of this ~.1 ~~agraph except for claims arising solely out;. of the negligence ~ fault of the DistriCG. i 9. mhe Licensee agrees that the work ~? ~ormed and the mater~,als used in installation of such faciliti a ~ shall aL• all. times be subject to inspection by the District and '~ the enga.neers far the District, and that final. acceptance of ~ construction work shall not. be made until x.11 such work and matE' als shall have been expressly approved by Che District. Such croval by the District shall not be unreasonably withheld. 1p. The Licensee agrees that the Distx;G ~ shall not be liable for any damages which shall. occur tc~ any facility, structure, plant, or any othez improvement of an.~ ;ind or nature whatsoever which the Licensee' shall install on t~ said easement area of the District in the reasonable exercise ~ the rights of the District in the course of `performance pf maint~ ance or repair of said. ditch or canal . The Licensee further agree ~ to suspend its use of the said easement area when the use Of the a 5ement area is recsuired by the District for maintenance or reps. under this or any other paragraph of this agreement. ~.~.. Neither the terms pf this agreemen: , the permission granted by the 'District to the Licensee, the Lic? gee's activity which is the subject of this agreement, nor the pa: ~es exercise of any rights or performance of any obligations of xis agreement, shall be construed or, asserted to extend the ap > .cation of any statute, rule, regulation, directive or~other rec rement, or the jurisdiction of any federal, ,state, or other agen~; ar official to the District's ownersh~.p, operation, and mai:: 'Hance of its ditches, canals, drains, irrigation works and fac. ties which did not apply to the District's operations and acti.vi~. 's prior to and without execution of this agreement. In the even he District is requa.red to comply with any such requirements ox`'. subject to the jurisdiction of any such agezicy as a result of E ~ution of this agreement or the Licensee' s activity authorized he' ' ~.ndez, Licensee shall indemnify, hold harmless and defend. the ~i .rict from all costs and liabilities associated with the applica: ~n of such laws or the assertion of such jurisdiction or, at t'. option of the bistrict, this agreement shall be of no force az' sffect and the Licensee shall cease all activity and remo• - any facility authorized by this agreement.: 12. Should either party incur costs or ~:torney fees in connection with. efforts to enforce the pro• ' I ions of this agreement, whether by institution of suit or ~t, the party rightfully enforcing or rightfully resisting ex' 'cement of the provisions of this agreement,:; or the prevailing Fi :y in case suit LICENSE AGREEMENT - Page 4 ~P . 5 is instituted, sha11 be entitled to reimbursement far its costs and reasonable attgrney fees from the other party. 13. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation wo~'ks and system of the District by this agreement, nor to grant any ';rights in ~tts irrigation works and system a.ncompatible with the~.uses to which such irrigation works s.nd system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be construed to impaix the easement and right, of way of .the District in the said ditch or canal and all uses of said ditch or canal by the Licensee and. the license herel.n provided therefor sha11 remain inferiox and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15 . Yn the event of the failut'e, refusal or neglect 'of the Licensee to comply with ail of the terms and Conditions of this agreement, the license of the Licensee under the terms hereof may be terminated by the District,, and any faaill,ty, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal. by the District with 3.ts equipment for the maintenance. of its said ditch or Canal may be removed by the District. 16. The Licensee agrees to pay attorney fees oz engineering fees charged by the attorney for the District or by the engineers fox the District in' Connectiozi with the preparaC~.ori of t.kxis License Agreement or in connection ,with negotiations covering the terms and conditions of this License Agreement. 17. Nothing iri thie agreement shall create or support a Claim of estoppel., waiver, prescx'iption or adverse possession by the Licensee or any third panty against District.. 1$. The word "Licensee°, if used in the neuter in this agreement, includes the masculine and feminine genders, the singular number ~.ncludes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute Covenants to; run with, and running with, al.l of the Lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on ail parties and all persons claiming under them ar eithex' of them, and the advantages hereof sha11 inure to the benefit of each pf the parties hereto and their respective successors and assigns. LICENSE AGREEMENT - page 5 .,, JAN 03 '88 11~1~ NAMPA & MERIDXA~ IRR2GA7 ATTEST: Its Secretary LICENSEE i h STATE QF IDAHQ •,7'.11 written. -,,,... ;~•~1:., :.,,'~ f L: M ",;; .;'~ - ~• `? ::i ° Notary Public for Ic ~: `. ` ~ ,- ., •; ~' Residing at Nampa ; .. ~ ~~ ~ ; ~:~ ': '~~ ~ ' My Com`~mission E`x~pa.rE . ~ ij .r; ,~. +,~ .. P.2 DISTRICT Its President F ~ ss. County of Canyon } On this ~ ~`~,day of ,~_, 1996, , afore me, the undersigned, a Notary Pub1iC' n and far said ~~ .e, personally apppeared Lee L' ~~.t~ ~~ , known t ~ ine to be the individual who' executed t:he Aoa~egoxrtg ~. ~~ :rument and acknowledged to me that he executed the same. ~ IN WITNESS WHEREOF, I have hereunto set my ha 't .and affixed my official sea3 ~.t~e day and year in this certifs.: ':e firsC above INCENSE AGREEMENT - Page 6 -a:a- aooo STATE OF TDAHQ ) ) SS. County of Canyon ) On this 18th day Q'f June , 199b, before me the undersigned a Nptary Pu lic'S.n and for sa'd Stet , ersonally appeared and known to me to be the President and Seere ary, respee eve y, of NAMPA & MERIbIAN IRRIGATION OISTftICT, the irrfgat~.on distract that executed the foregoing instrument and acknowledged to me that such irrigation distxict executed the same. IN WITNESS WHEREOF, I have hexeunto set my hand and affixed my official seal, the day and year in this certificate first above written. ++`ie~~~ ~y~ ~rnu.,~~~ 4~'~~pxA,~~'~~~'~++Nctary Publ c far Idaho ~;~ ..,.. :~, residing at Nampa, Idaho _ ~ ~ ~ ~~ y~ly commission Expires: 11lD4/2000 'i?- • .~, LICENSE AGREEMENT ~ Page 7 ,~. LiE~:_ 1a '% t~1~~ ©ESCRIPTIdN FOR LEA CENTERS Jur1e 1Z, 1996 7N.~e A parcel of land located in the NE 114 of the NE 114 of Section 13, Township 3 North, Range 1 West vl±the Boise Meridian, City of Meridian, Ada County, Idaho, being more parGculariy described as i'allaws: Commencing at the Northeast comer of Section '13, T. 3N., R. 1W., B.M., thence S ~°22'35" W 1,291.58 feet along the east line of said Section 13 tv a point; Thence N 89°18'25" W 30.00 feet to a paint ort the westerly right-of-way of Meridian Street, the REAL. PAINT QF BEGINNING o#'this descrptlon; Thence N 89°18'25" VII 358.00 feet to apaint; Thence N Q°ZZ'35" E 120.00 to a paint; ', Thence S 89°18'x5" E 358,00 feet to a point on the westerly right-af-way pf Meridian Street; Thence S 0°22'35° VV 120.00 feet to the REAi. POINT OF BEGINNING of this description; This parcel contains O.g9 acres, more or les9, and is subject to ail existing ea$ement$ and rights-af-way. Michael E. Marks, L. S., No.~F998 .,. 95'i 11111egai.ds~ ~ XIS I S I'~ A DEC 15 '96r -~1~42PM 11 • 11 ~w 14 T ~~ 34~4b57 P 5 ~ 7 $ ~~~~ +8 I~ 8 !7 9 ao EXHIBIT B ~H_IB~ST C r i The purpose of this Li,ce~nse Agreement is to permit Licensee to construct a fence, irrigation boxes, a portion of a building, a portion of a parking lot, and plant landscaping. within a portion of the District's easement for the Bightmile Lateral within the property of the Licensee described in Exhibit A~loCated west of the intersection of South Meridian Street and Gem Street in Meridian, Ada County, Idaho. FXH,IBIT D Special Conditions a. Construction and installation shal].be in accordance with certain plans consisting of az~e sheet : sheet ~. of 4, UTIL, entitled ~~Lee Centers Property, Sewer:'. and Water plan," bearing engineers scamp dated May ~0, 1996. These plans have been delivered to the District's watez superintendent, are in his possession in his offices, and. axe hereby approved and incorporated herein by this reference. b. The fence shall b~ constructed pf chain link. 'the following shall apply if the'~'ence erected is now or in the future in whole ar in part cdnstruc~ed of wood: Because of the location Of the fence and the fact that the fence will be constructed wholly ar partly of woad, the District shall nQt be responsible for weed Control in the area of the fence. Without affecting the foregoing exemption of the District tram weed control, obligations, Licensee hereby indemnifi+ss, holds harmless and shall defend the District from any claims far damages ~o said fence because of weed~burnirtg except where the District intentionally burns the fence or is guilty of gross negligence in burning the fence. c. Licensee sha11 place no structures ox landscaping of atiy kind above ground on the District's easement areas except as xeferred to in this agreement ;or exhiba.ts thereto without the prior written consent of the District. d. Constructionx shall be completed not later Chan December 31, 3.996. Time is of the essence. L2CEN$E AGREEMENT - Page 8 c~rr of MERIDIAN PLANNING & ZONING DEPARTMENT MERIDIAN 33 E. Idaho Meridian, ID 83642 (208) 888-4433 Fax: 887-4813 RECORD OF INSPECTION ^ NOTICE OF VIOLATION BUSINESS/NAME PHONE: ADDRESS ~ 3~ J~ J l n l n J J f~l~,J 1C.J CONTACT OWNER PHONE ADDRESS ITEM NO. CODE REFERENCE CORRECTIVE ACTION DUE DALE COMPLIANCE \\ IvE CLoS~ ~ ~ E ~i ANlJt I N r ~ ~ Inspector Dept. n ~_~ Ir Date: 2 3 q ~ Received by Title: Date: ORIGINAL - P & Z DEPT. DUPLICATE -OCCUPANT