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Consolidated Freightways,O-dg � ARCHITECTS BRS Architects, A.I.A. 1087 West River Street, Suite 160 Boise, Idaho 83702 Telephone 208 336-8370 Fax 208 336-8380 February 14, 1996 City of Meridian Planning & Zoning 33 E Idaho Meridian, ID 893642 Attn: Shari Dear Shari Re: CFI BRS Project No. 95156 Per previous discussions, we have attached reductions of the above project for your review and comment. We have received our Treasure Valley approvals and are rapidly completing working drawings for Building Permit and construction. Because of contractual scheduling, we are hoping the attached will assist you ,in.Your ,Staff -Level Design Review approval. We will follow with a full-scale set, including the equired landscape plan, but trust this submittal will start the dialogue. Please give us a call as soon as practicable. Thank you. i BRS:cw Encl. cc Holland & Hart Waremart, Inc. 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''�y� r �.. ,xw ; , M � y' � } ..y.� 1 d �yf "� � � ) 1Y „y� 4X � �v K'' r�µ. �._ �� ,n .��. .:i � - ,� `� � - 1 � w '� _. �-v i��-g, r. { e . F� � � R— ...� t.� n. sS 'q s #:,. ai' � x �� f ...{ 3 '�. + d �. K 3 � ,.. �� !i � w � '� ' it :�. w % ti � k � 5 x F 1,: '�" �.� ,., - : ,, x ,� ,ten: ,� a � � s c �Gry' i'' .' n a �.§'.P� )) a .. y t . h \r � t a y5K , l t E iAy � i��� .xyj< ' � 4 . � r �.. ,xw ; , M � y' � } ..y.� 1 d �yf "� � � ) 1Y „y� 4X � �v K'' r�µ. �._ ,n .��. .:i 9 ELAM & BURKE A Ptojessioial Association ATTORNEYS AND COUNSELORS AT LAW KEY FINANCIAL CENTER TELEPHONE 702 WEST IDAHO 208-343-5454 POST OFFICE BOX 1539 BOISE, IDAHO 83701 FACSIMILE SCOTT L. CAMPBELL 208-384-5844 May 13, 1996 Mr. Stephen H. Sweet, P.E. Pnn ' al Quadr Consulting, Inc. 405 South th Street, Suite 295 Boise, Idaho X 702 Re: Settlers Ditch, Treasure Valley Business Park Proposed Consolidated Freightways Facility Dear Steve: I am responding to your correspondence of May 2, 1996, to Mr. Don Smitchger, President of the Board of Directors of Settlers Irrigation District. In your correspondence, you have requested Settlers Irrigation District to answer a number of questions. Instead of proceeding to deal with each question you have proposed, I will generally address the issue of improvements to the Settlers' ditch which boarders the north property line of Phase 1 of the Treasure Valley Business Center (TVBC-1). I have enclosed copies of relevant documentation, dealing with the relocation of the Settlers' ditch (canal) through the TVBC-l. These documents are: 1. January 31, 1984 correspondence from David Wilding, Upland Industries Corporation, to Don Smitchger; 2. Settlers Canal Master Plan, Meridian, Ada County, Idaho, prepared by Upland Industries Corporation July, 1984; 3. Correspondence of July 11, 1984 from C.R. Burris to Don Smitchger; Mr. Stephen H. Sweet, P.E. May 13, 1996 Page 2 4. Memorandum from David Curtis, J -U -B Engineers, of September 10, 1984, regarding meeting at construction site on September 4, 1984; and 5. Correspondence of September 7, 1984, to Dave Curtis, J -U -B Engineers, from Vicki Keen, Secretary/Treasurer of Settlers Irrigation District. In addition to these documents, I would like to bring to your attention the recorded plat for TVBC at Book No. 53, pages 47904792 in the Ada County Recorders Office, instrument numbered 8603923. This recorded plat indicates a 30 foot easement for Settlers canal which borders and includes portions of lot 6. The critical point which this documentation unequivocally demonistrates is that the consideration for Settlers Irrigation District to agree to the relocation of Settlers canal through the TVBC-1 was the agreed upon improvements to the canal which are described on pages 2 and Exhibits 2 and 3 of the Settlers Canal Master Plan, submitted by Upland Industries to the District. Additionally, this series of representations is confirmed in the correspondence of July 11, 1984 and July 27, 1984 between Settlers Irrigation District and Upland Industries. Finally, this set of requirements is confirmed in the Memorandum of September 10, 1984, by David L. Curtis, and the confirmation letter of September 7, 1984, from Vicki Keen, which refers to the last paragraph on page 2 of Mr. Curtis' memorandum. This deals with the issue of modification of the slope of the concrete lining of the canal from a 1 to 1 side slope and five foot bottom to a 1 and 1 %i side slope and four foot bottom. In sum, the District has no documentation and knows of no agreement between it and any of the owners of the property in question which allows modification of this requirement. In discussions with Shari Stiles, of the Meridian City Planning and Zoning Department, Mr. Don Smitchger indicated that the District would agree to tiling of the canal. If the owner of the property, or Consolidated Freightways does not wish to file the canal section, the District will insist upon the concrete lining which was clearly agreed to by Upland Industries in its initial proposal to the District as consideration for the District agreeing to the canal realignment. Mr. Stephen H. Sweet, P.E. May 13, 1996 Page 3 I hope this adequately responds to the concern raised in your correspondence. Please feel free to contact me concerning this matter. Very truly yours, ELAM & BURKE A Professional Association Scott L. Campbell SLC:kc 9:vCC\,Paeta\3220\26\00001.icr Enclosures cc: Shari Stiles, Meridian City Planning and Zoning (with enclosures) Settlers Irrigation District Board of Directors (with enclosures) Vicki Keen (with enclosures) RUPLAND Gentlemen: Attached is a copy of the Settlers Canal Master Plan as it relates to drainage and irrigation relocations in connection with development of Treasure Valley Business Center, Phase I in Meridian, Idaho. After you review this plan, if you have any questions, please call Mr. Lloyd Howe in Boise at 343-8787. We would appreciate your written concurrence or comments as soon as possible. Very truly yours, David M. Wilding a Land Development Engineer Attachment CC: L. D. Howe - Boise ■ Subsidiary of U Union Pacific Corporation Uplanc Industries Corporation South %lain S'.ree,. Su;,' 1080 Sail Lake City. Uta^ 8d1 f 801 363 5111 Dale R. Hadley Director Land and January 31, 1984 Industrial Development Settlers Irrigation District P. 0. Box 7571 Boise, Idaho 83707 Attn: Mr. Don Smitchger Re: Treasure Valley Business Center, Meridian, Idaho Drainage Gentlemen: Attached is a copy of the Settlers Canal Master Plan as it relates to drainage and irrigation relocations in connection with development of Treasure Valley Business Center, Phase I in Meridian, Idaho. After you review this plan, if you have any questions, please call Mr. Lloyd Howe in Boise at 343-8787. We would appreciate your written concurrence or comments as soon as possible. Very truly yours, David M. Wilding a Land Development Engineer Attachment CC: L. D. Howe - Boise ■ SETTLERS CANAL MASTER PLAN MERIDIAN, ADA COUNTY, IDAHO PREPARED BY UPLAND INDUSTRIES CORPORATION JULY, 1984 SETTLERS CANAL Master Plan for irrigation routing in conjunc- tion with planned future development: INTRODUCTION This report has been prepared by Upland Industries concerning a proposed commercial and industrial development in the Northeast Quarter of Section 8 and the Northwest Quarter of Section 9 of Township 3 North, Range 1 East of the Boise Meridian. The site is bounded on the north by Fairview Avenue and halved by Eagle Road running north and south. The site. will be developed in phases with Phase I lim- its as indicated on Exhibit 1 in the Northeast Quarter of Section 8. The Phase I construction -'will include the tem- porary Settlers Canal Relocation along the south boundary of Phase I and the permanent installation of a concrete lined channel within the Phase I boundary, see Exhibit 3 in Appendix. Also included in the Phase I cnstruction is the installation of the realigned Highline Canal, see Page A-1 in Appendix. Future phases of development in the Northeast Quarter of Section 8 will involve additional permanent realignment of Settlers Canal in an open ditch and culvert system through- out our property. The intent of this plan is to maintain and convey historic irrigation flows to downstream users. ON-SITE FLOW Our proposed development will be using lot -by -lot de- tention. In other words, each individual lot developer will be installing a detention pond with a maximum release rate equivalent to a 25 -year historic storm. The on-site drainage system will consist of a network of grass lined swales with culvert sizes also designed to carry only the 25 -year historic storm. All on-site drainage, whether it be lot or street drain- age, will pass through a sand and oil trap, see detail in Appendix. This apparatus has been designed to remove sed- iment and floatables from the storm water runoff prior to being released into the ditch network. All on-site drainage that enters the Settlers Canal will be detained to historic flow rates and the areas drain- ing into the system have been kept roughly equivalent to the predevelopment drainage areas. All this has been de- signed in an effort to minimize any effect that the devel- opment would have to the downstream system, SETTLERS CANAL REALIGNMENT The proposed realignment of Settlers Canal through the development was done in a manner that would allow as closely as possible its existing location while still being workable with the proposed street layout. The pro- posed realignment is as follows (Refer to Exhibit No. 2): Beginning on the southerly boundary on the west side of Eagle Road the canal proceeds northerly along Eagle, crossing under Pine Avenue, then westerly along the south side of the Phase I boundary crossing under N. Olive Avenue, then North along the east side of N. Hickory Street along Lot 2, Block 3, then under N. Hickory Street and across Block 2 along the North Tine of Lot 6. Refer to Exhibit No. 2. The canal will have a five foot.bottom width that will be covered with a one -foot layer of erosion protection out- side of the Phase I boundary and wil be concrete lined in its permanent location inside of Phase I. (Refer to Typ- ical Section details on Exhibit 2). The flow line in Settlers Canal is limited by an exist- ing culvert under Eagle Road, which has a capacity of 47 cfs assuming no flooding over Eagle Road. The design flow that we will use for Settlers Canal's contribution to the off-site flow, however, will be 72 cfs in anticipation of an upsizing of the culvert tp 42 inches during future Eagle Road improvements. Additional design flows that enter Settlers Canal from on and off-site drainage areas are based on a 25 -year historic storm. For the purpose of the proposed first phase development a section of the existing canal will temporarily be realign- ed as shown on Exhibit 3. - 2 - , APPENDIX Highline Lateral Relocation A-1 Sand & Oil Trap Detail A_2 Off-site Drainage Exhibit 1 On -Site Drainage Exhibit 2 Settler's Canal Phase I Construction Exhibit 3 Gate Palve i Fairview Ave. -f—To Meridian To Boise --s 4 ' : Exishn New Stop Hiyhlin� Coi atera! Li ht r ' • ' Phase I Gate Valve i�_ : •. Canal � N •� . • • A Gate J • Va Ne ••, ' .t 00. 171 L �• J I I Ray Flush Valve Johnson I • 5 • �• ; i ,`QI� I , I. ,Property 4 ji _ �� I•. I —_--- —_-- 1 I--_ -----_ ----- _----- _--�--- Jackson Drain Headgate Ql I•. I Relocated Xfhline Lateral (15"PVC) I•: o 1• L EGEND Exi sting Moline Lateral ....... Relocated Highline Lateral -- Mtler; Canal —•'• — fcale : I '- 400" Jackson Druh? — • — • Direction of flow — �- U.P. R.R. Track H/ f jli a, ation Plan Jkc Ada Cowly r4vWt Caw 47/cl Ovis!o? Na -W-A At;Further OCAVIS INLET 011TY SAND SDE YMY faemmm Wch Paz z CY of Ri,ardp as dim,Trcf*cd by A -1 the Add e.;wllv lbowdy Diiind Jtdnddrd h6ihoi --rj;rc -ild.WV ,,' male �1" J30 caile i .pipe ec Orb+rrrir9 Ab. 1901 "` Ad Use Na 4 mbarjI2 ,o MCA Wdy IAMWAaal Jared thw, IJ:c Mo. 4 rzbto-_, (Z d'CV7/f/T 0 C-') —Y ffiMU:iWt* Land t011 NA oil Cw#ylh ("ard-aall lhwAwis . ...... cwlerA7 1.',rd'1hic*1)w A' - • 1-rrr r -, 1 r a. le ve 1; -0 love -- - - - - - - - - - - - - - - - .as �� Al 1Z 4WOW PDC U_ - ----- — ------ — ------------ ratvez Jkc Ada Cowly r4vWt Caw 47/cl Ovis!o? Na -W-A At;Further OCAVIS INLET 011TY SAND SDE YMY faemmm Wch Paz z CY of Ri,ardp as dim,Trcf*cd by A �77 AND AND 0/4 TRAP SIECriolv m scdllt Send f Od 50,0 , Q) Ust Add Cdunly diowdy Dittrid Jtdnddrd h6ihoi --rj;rc e Caw caile i .pipe ec Orb+rrrir9 Ab. 1901 "` Ad Use Na 4 mbarjI2 ,o MCA Wdy IAMWAaal Jared thw, 0 oil Cw#ylh ("ard-aall lhwAwis A' - • 1-rrr r -, 1 r le ve 1; -0 m 1Z 4WOW PDC �77 AND AND 0/4 TRAP SIECriolv m scdllt Send f Od 50,0 , Q) .Fkfxwd Cr-: dVkt If A STANDARD DROP MIET WITH !'AND e 0/1 TRAP PUN MEW Ad 0 • 1-rrr r -, 1 r le ve 1; -0 U_ ------------ .Fkfxwd Cr-: dVkt If A STANDARD DROP MIET WITH !'AND e 0/1 TRAP PUN MEW r"r ` `ai .., �(. k9k N.... ,o*v4r •.ddpir�tt.` ..0non V�'••' i '' y � 1""'" ' + �.• . � ,...7 � .. -1 �. � � •�� A R Y A�dF"' �a'�IYFM1 P .r�. � �a ';.�, '1 I II � II "� NJ ri• _ i i i i ` M�.i qa Cry T � o � Z".. t,a� j�A p H A� k � ONMna ;4 oly ay„a1� �\ 11 14 a'vnyna p. yrob4��n \p�p�l�y �a Hit! 1 IA Z n a $ 1✓. .� „• ,.•... � � � � � � 4 � � to GN tsm 0 MUPLAND A Subsidiary of Union Pacific Corporation Upland Industries Corporation 110 North 14th Street, Suite 1000 Omaha. NE 68102 402 271 4107 C. Burris Settlers Irrigation District Diree r ctor July 11, 1984 of Engineering . C/o Don Smitchger P.O. Box 7571 R -IDA -08-01 Boise, Idaho 83707 Dear Mr. Smitchger: The City of Meridian has requested correspondence stat- ing that you have reviewed and approve of the re- locations and plan modifications to your irrigation systems. I also want to remind you that we had earlier requested you send a similar letter to Ada County Highway District, this will still need to be done. The City needs this correspondence prior to the August 6 City County meeting, If this is not possible, please contact Mr, Rick Meisinger at (402) 271-3137. very truly your cc: Mr. L. D. Howe - Boise Mr. D. W. Wolkins - Salt Lake City J -U-13 ENGINEERS, INC. 250 South Beechwood Avenue, Sults I _ Boise, Idaho 8370a TO: Treasure Valley Business C nter File, Project No. 14420 FROM: David L. Curtis, P.E. DATE: September 10, 1984 SUBJECT: Meeting Held at Construction Site at 11:00 a.m. on September 4, 1984 Present at the meeting were David L. Curtis, David F. Tyler and John T. Eddy of J -U -B ENGINEERS, Inc.; Steve Sommers, Floyd Hulse, Sommer Construction; and Chuck Wood, Rock Excavation. Floyd indicated that his staking requirements were as follows: 1• He needs off-site sewer staked from the east end of East Pine Avenue to the point where it enters the site. 2• He needs the Settlers Canal relocation staked. Tom Eddy suggested that the canal be staked with offset stakes and cuts to indicate the finished grade invert in both the lined section and the unlined section. Floyd and Chuck agree that that would be adequate. 3- The street centerline has already been staked, and Tom indicated that he would put cut marks on those centerline stakes. Chuck Wood indicated that he also would need top back of curb stakes. 4• Floyd indicated that he needed the water line in Fairview Avenue staked, particularly the fittings and hydrants and approximately every 300 feet between fittings and hydrants. Tom will check during the staking process to see that the offsets shown on the plans will place the pipe a minimum of eight feet from the edge of the pavement. Floyd asked whether or not the reinforced concrete arch pipe, which was specified for the two downstream crossings of the Settlers Canal, could be revised to use elliptical pipe since arch pipe is not available in this part of the country. Dave Curtis checked with Rick Meisinger of Upland in Omaha, and Rick determined that, rather than using arch pipe or elliptical pie the two downstream crossings could be revised to use 42 -inch Class V circular reinforced concrete pipe in lieu of the arch pipe as shown. The Contractor will be paid in accordance with the bid price for 42 -inch pipe used at other locations. Floyd asked whether or not there were specific specifications for the concrete to be used in the Settlers Canal lining project. Dave Curtis suggested that the specifications for the concrete should be two-inch maximum slump, six percent air content plus or minus one percent, and 3,000 pound per square inch compressive strength. Dave Curtis checked with the Settlers Irrigation Company, and they concurred that those specifications would be acceptable. Chuck Wood asked what would be the compaction requirement for the unclassi- fied excavation material to be placed on the interior of the lots in the J -U -S ENGINEERS, INC. 250 South Beechwood Avenue, Suite I — Boise, Idaho 8370y -2- subdivision. Dave Curtis checked with Rick Meisinger of Upland, who indicated that 90 percent compaction would be required for that material. In later discussions with Floyd Hulse and Rick Meisinger, Floyd indicated that his subcontractor had some reservations about placing the concrete lining on the canal at a one-to-one side slope. Floyd suggested that, rather than a one-to-one side slope and five-foot bottom, an alternate section of one -and - one -half -to -one side slope and four -foot bottom be considered. Rick Meisinger indicated that, from a hydraulic conveyance standpoint, there would be little difference between the two sections, but that the change would require approxi- mately 18 percent additional excavation and 18 percent greater square footage for the lining material. Floyd Hulse will check with his subcontractor for that portion of the project and see whether or not the work can be completed using a revised section but at no additional cost to. Upland. If that is acceptable to the subcontractor, then Floyd will submit a proposal outlining how the quantity and/or unit price bid can be revised to reflect no additional cost to Upland Industries for the additional work. DLC:dp CC: Sommer Construction David Wilding, Upland Industries, Salt Lake City Rick Meisinger, Upland Industries, Omaha Settlers Canal Company John T. Eddy David F. Tyler L.D. Howe, Upland Industries, Boise SETTLERS' IRRIGATION DISTRICT P. O. BOX 7571 BOISE, IDAHO 83707 PHONE 344-2471 September 7, 1984 Dave Curtis JUB Engineering 250 South Beechwood Boise, Idaho 83709 Re: Treasure Valley Business Center Dear P•1r. . Curtis: The Board of Director_. of Settlers Irr•igatian District has approved changing the design on the ditch 1 i n i -ng of the drainage ditch from 1 to 1 with a 5 foot bottom to 1 to 1 1J'. with a tour Toot bottom. Sincerely �>. ncerely , Vicki R. Keen Secretary/Treasurer Settlers Irrigation; District t CONSULTING, INC. 208 342 0092 P.01/03 May 2, 1996 Mr. Don Smitchger, President Settlers Irrigation District PO Box 7571 Boise, ID 83707-1571 Fax: 208 343-1642 Re: Settlers Ditch, Treasure Valley Business Park Proposed Consolidated Freightways Facility Dear Mr. Smitchger: NO Quadrant Consulting. Inc. Yesterday, a meeting was held at Meridian City Hall concerning the issuance of a building permit for a Consolidated Freightways facility proposed for the Treasure Valley Business Center - Phase I (TVBC-1). Apparently, staff at the City of Meridian perceives that the Settlers Irrigation District has concerns over the proposed facility. Therefore, staff appears to be delaying issuance of a building permit pending resolution of the matter. The purpose of this letter is to solicit written documentation from the Settlers Irrigation District on concerns with the proposed plan. As far as project responsibilities are concerned, BRS Architects has been retained to develop the construction documents for the new facility. Quadrant Consulting, in turn, has been retained by BRS as site civil engineer. We have issued a sealed review set of site construction plans. These construction plans appear to have prompted the present discussion. According to our project design records, the recorded plat for the TVBC-I provides a 30 foot wide drainage and irrigation easement (presumably for the Settlers Ditch) centered on the north property line of the site (15 feet on either side of the property line). Following conversations with the current owner of Lot 6, we have obtained copies of correspondence indicating that the District accepted the construction of the ditch 1984. Yesterday, city staff expressed the opinion that the District apparently desires to add new conditions affecting property adjacent to the ditch. Should this indeed be the case, we are requesting a response to the related questions listed below so that we can promptly inform our client of any changes. Staff also expressed a concern that the new owner should consider tiling the ditch for the entire (approximately 600 feet) length adjacent to the site. We are presently researching the mechanism whereby the city could attach such a requirement under a building permit, but this would be an entirely different matter vis a vis any requirement by the District. According to staff, a scenario exists in which a spill could occur on-site and potentially run off into the Settlers Ditch. 'rhe thought process continues in that tiling the ditch would obviate the risk of contamination through a spill. This risk concern has been preliminarily investigated and the following analysis is provided to relieve the both the District and the city regarding the possibilities of such an event. First, all drainage sheds away from the canal. Second, according to our initial calculations, a combination of the on-site storm drainage facilities and the pooling volume of the parking arca can accommodate approximately 534,000 gallons (or the equivalent to 9,700 55 -gallon drums) of spill before discharging to the Settlers Ditch. A spill of this magnitude seems a highly unlikely event. Degree of risk aside, we have completed a quick cost analysis for piping the ditch along the north property boundary. Presently, a nearby reach of the ditch is being tiled between Eagle Road and Hickory Avenue 405 S. 8th Street, Ste, 295 • Bolse, ID 83702 • Phone 08) 342-0091 . Fox (208) 342-0092 • Internet: quodront®micron.net Civil Engineering . Surveying . Constructlon Monogement MRY 02 '96 17:56 208 342 0092 PAGE.01 Y-02-1996 17:59 QUADRANT CONSULTING, INC. 208 342 0092 P.02iO3 Mr. Don Smitchger, President ■� May 2, 1996 ■EQC Page 2 at a reported cost of roughly $50 per lineal foot. Presumably, burying the ditch along the north property line would also require acquisition costs for the other half of the easement along with the costs of actually burying of the pipe. Not factoring in pipe up-sizing requirements, one could reasonably assume that the costs to tile the 600 feet in question would be on the order of $50,000. (Not including reducing the easement in width - roughly 1/10 of an acre - as a result of the tiling efforts.) Therefore, in my professional opinion, tiling the ditch solely on the basis of spill concerns is an unreasonable design criteria. On behalf of our client and in an attempt to keep the project on track, we desire to promptly clear up the following topics with the Settlers Irrigation District: 1. ents A. What easements does the District believe are presently possessed along the portion of the Ditch adjacent to Lot 6? Are these easements through: 1. Deed, plat or recorded instrument or 2- Prescription? B. What is the ultimate easement the District desires to obtain along this portion of the ditch? 1. Width and 2. Type of use. C. How would the District propose to obtain any easement width beyond that already possessed? 1[. Tiling of the Ditch A. We are requesting a clarification regarding under what authority the Settlers Irrigation District contemplates requiring the tiling of the ditch in this area? 1. Please provide the basis (current District policy regarding tiling of ditches, legal precedence, etc.), so that I can convey this information to my client. 2. Also, please provide one or more examples if possible, where this jurisdiction is or has been recently implemented. B. If the District does not presently have the authority to require the tiling at the land owners's sole expense, would the District be interested in contributing toward the tiling of the ditch? Would such contribution take the form of cash, material, labor, etc.? Since the information we have received concerning the Settlers Ditch from the City of Meridian is substantially different from our previous understandings, time has become of the essence. Also, for the City of Meridian's record, we will also need to follow up in writing. I look forward to discussing this with you at your earliest possible convenience. Sincerely, QUADRANT CONSULTING, INC. Stephen H. Sweet, PE Principal cc: Scott Campbell, Settlers Irrigation District Shari L. Stiles, City of Meridian Clinton M. Yaka, BKS Architects R. Craig Callaham, Quadrant Consulting MAY 02 196 17:56 208 342 0092 PAGE.02 MAY -02-1996 17:59 QUADRANT CONSULTING INC. 208 342 0092 P.03/03 �» .��,. .w�aw.ec M, ara,o �. aasow 0C '•� Twos ar wi pnal MYgN�11 •auk nsuo Zuoupon��� NV -1d 30VNIVUO ONV ONIOVUS po nn 1H013dd Q31VC11O8NOO MUM 0810WO A11NA MWWVM i 3000 •101 W Oi0lO �"-1V Oi ! rt P O� MAY 02 '96 17:56 1 JMMV urs mMm 0 208 342 0092 FF r 0 V v TOTAL P.03 PAGE.03 Lo S / I u N ire co O O `` J a >> I U �I W < CN LOOco M) N I ^ � + c0 _ 0 1 cn cn N J J Q Q Im N N O y I gb I A 4 I 208 342 0092 FF r 0 V v TOTAL P.03 PAGE.03 I w SENT BY:ELAM & BURKE ; 5-17-96 ; 4:49PM ; ELAM & BURKE-► ELAM & BURKE A Professional Association ATTORNEYS AND COUNSELORS AT LAI w BEY MANCUL CENM 701 WEST IDAHO POST �IDA OOX 01 B01TItA IDAHO 83701 FACSIMILE TRANSMISSION Please deliver the following pages to: NAME Shari Stiles Meridian City Planning and Zoning DATE May 17, 1996 FAX # : 887-4813 TOTAL NUMBER OF PAGES (INCLUDING THIS PAGE): 2 FROM : Scott L. Campbell COMMENTS: CONFIDENTIALITY NOTICE 208 887 45134t 1 TBLBPHONE 808-aL.5su TELBCOPIER 208-M&S844 The lnfbnnation in this facdmile is confidential and intended only lbr the use of the addrenee. The data irenaralued is attomay privileged and may be exempt from disdosure. Do not copy or dinrlbute to anyone other than the addmew Reliance on this data by other than the intended reciplent is prohibited. Please notify us immediately if you have reccived this communication in error. Upon noiifica6on, we will &=go for return of the fax copies to Elam & Buft P.A. Thank you for your asaistanm If you had any problems receiving, please call the FAX operator at (208) 343-5454. MAY 17 '96 16:53 2083845844 PAGE.01 SCOTT L. CAMPBELL 5-17-96 4:50PM ELAM & BURKE: ELAM & BURKE A Professional Association ATTORNEYS AND COUNSELORS AT LAW KEY FINANCIAL CENTER 702 WEST IDAHO POST OFFICE BOX 1639 BOISE, IDAHO 83701 May 17, 1996 VIA FACSIMILE 8874813 Shari Stiles Meridian City Planning and Zoning 33 East Idaho Avenue Meridian, Idaho 83642 208 887 48134 2 TELEPHONE 208-343.5454 FACSIMILE 208.384.6844 Re: Consolidated Freightways Development at Treasure Valley Business Center Dear Shari: I am writing on behalf of Settlers Irrigation District, this firm's client, regarding the above -referenced matter. Since my correspondence to Stephen Sweet of May 13, 1996, I have been in contact with Mr. Larry Prince, the attorney representing Waremart, Inc. Based upon additional documentation provided by W. Prince, Settlers Irrigation District has determined that a concrete lining or tiling of the Settlers irrigation ditch adjacent to Lot 6 should not be required. We have reached an adequate accommodation with Waremart, Inc. concerning this issue. Consequently, you may proceed to process their development application and issue any appropriate permits. Thank you for your cooperation with respect to this matter. Settlers Irrigation District appreciates your willingness to keep it informed of these matters. t Very truly yours, ELAM & BURKE A Professional Association Az�� L Scott L. Campbell SLC:kc 8Aiwdiwpdota\3220\26100002.Itr cc: Settlers Irrigation District Board of Directors Vicki Keen, Secretary/Treasure Settlers Irrigation District Lary Prince, Esq. (via facsimile) Stephen Sweet MAY 17 196 16:54 2083845844 PAGE. 02