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Gem Street VAC
r W)'~LIAM 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers lL3cense (208) 888-4443 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8< Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: A ril 2 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ ~/ 6 REQUEST: Vacation of a portion of Gem Street right-of-way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z _GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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 8~ FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~~~~~ i,..~~ ~t yF, rF, ,~~ ~. ~ ;~~Y _ tn~ty_q .:~- <S,~s,,~`~y{ i kAjs ~ $+~''a.,. x,. i.~~~ aa4Ja I44iLV l! ~j, ~~ _ r ~,1.. 3 _ "~`Y~~~, Jti ,y 'ri. `Phone ~.~~ ~$8r4433 ;.. ~.; ; - r .. f Fax: ` (2Q$) 887-4$13 , VACATION APPLICATION Wild Shamrock Parternship APPLICANT: C/0 Rick Thomas Phone: ~na_Z~~_752g ADDRESS:1771 Wildwood, Boise, ID 33704 (7`p~Tj~jER: Wild Shamrock Partnership Phone: 208-322-7529 ADDRESS: 12301 W. Explorer Drive #240, Boise, ID 83704 GENERAL LOCATION The South 36 feet of Gem Street Between Meridian Rd.l and a t 1st Street LEGAI, DESCRIPTION OF PROP~R'~Y_ __ Attached LEGAL DESCRIPTION OF EASEMENT/AREA. TO BE VACATED AND THE PERSON OR ENTITY WHO IS TO RECEIVE A DEED FOR THE LAND: The south 36 feet of Gem Street Righ-of-Way etween Meridian Roa an st Street Right-of-Ways. (See Attached Description) to be deeded to Wild Shamrock Partnership. PROOF OF OWNE~HII' OR VALID OPTION: A copy of your properly deed or option agreement must be attached. PRESENT ZONE CLASSIFICATION: GG VICINITY SKETCH: A vicinity map and/or site plan at a scale approved by the City showing property lines, existing sfireets, easements, and such other items as the City may require (35 copies). . SURROUNDING PROPERTY OWNERS: A list of all property owners and addresses (from authentic tax records of Ada County) within, wntiguous to, directly across the street from, and within a 300' radius of the proposed vacation mcsst be attached. Fee: $225.00 + $1.42/notice/property owner to receive notice + publication costs DESCRIPTION OF PROPOSED VACATION: Vacation of the south 36 feet of the exist_ina 92-feet of Gem Street Right-of-way between Meridian Road and East 1st Street to permit piping the eightmile lateral cana an a ow access y proper yon a sou o em ree . I hereby certify that the information confined herein is true and correct. I also certify that I will post the property 1 week before each public hearing stating that the Applicant has applied for Vacation. SI(1NATCJRE: a~ ^^ ' ^D DD BELL•WALKER ENGINEERS Inc. 827 LaCassia Drive Boise, ID 83705-2254 February 28, 1996 Ms. Shari Stiles City of Meridian 33 East Idaho Street Meridian, Idaho 83642 Re: Application for Vacation of a Portion of Gem Avenue by First Meridian Plaza Development Ms. Stiles: Please find attached the following: (208) 343-3609 FAX (208) 343-3572 1. VACATION APPLICATION for a portion of Gem Avenue. 2. Legal description of the applicants property. 3. Legal description of the area to be vacated. 4. Warranty deed as proof of applicant's ownership. 5. 35 copies of a Vicinity Sketch. 6. List of property owners and addresses w/I 300' . 7. A check for $239.20 for the $225.00 application fee plus $14.20 to cover the $1.42 each for the 10 property owner notices. Our client, Mr. Rick Thomas of Wild Shamrock Partnership, is developing the First Meridian Plaza located just south of Gem Avenue between E. 1st Street and Meridian Road. The first phase of the development was completed this winter and an additional phase is planned for this spring. Under the conditions of the development, the Ada County Highway District is requiring the developer to provide improvements to Gem Avenue even though the Eightmile lateral presently precludes access to the site from Gem Avenue. To comply with this condition, improve the site, improve vehicular and pedestrian access along Gem Avenue and improve safety to motorists and pedestrians; the Developer is proposing to pipe the Eightmile Lateral between E. 1st Street and Meridian Road. To accomplish this he is requesting the vacation of the south 36 feet of the existing 92 feet of right-of--way of Gem Avenue. If you require additional information or have any questions or comments, please call me at 343-3609. Sincerely; BE~ALKER ENGINEERS, Inc. Brian Iverson, P.E./L.S. Enclosure Bellevue, lNashington Boise. Idaho VACATION DESCRIPTION A PORTION OF GEM AVENUE CITY OF MERIDIAN, IDAHO February 22, 1995 A tract of land situated in Government Lot No. 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being the south 36 feet of that right-of--way described in RIGHT OF WAY DEED recorded as Instrument Number 286764 at Book 334 records of Ada County, Idaho; and more particularly described as follows: Commencing at the southwest corner of said Government Lot 1, Section 18, T. 3 N., R. 1 E.; thence N 89° 19' S0" E along the south line of said Government Lot 1 a distance of 25.01 feet to a point on the east right-of--way of Meridian Road and the south right-of--way of Gem Avenue; thence continuing N 89 ° 19' S0" E along said south line of Government Lot 1 and the south right- of-way of Gem Avenue a distance of 5.00 feet to a point, the REAL POINT OF BEGINNING: Thence continuing N 89 ° 19' S0" E along said south line of Government Lot 1 and the south right-of--way of Gem Avenue a distance of 419.50 feet to the west right-of--way of East 1st Street; Thence N O1 ° 16' OS" E along the west right-of--way of East 1st Street a distance of 15.33 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 91 ° 56' 15" and a long chord that bears N 44° 42' 03" W a distance of 28.76 feet to a point; Thence S 89 ° 19' S0" W along a line parallel with and 36.00 feet northerly of the south right-of--way line of Gem Avenue a distance of 379.60 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 88° 30' 45" and a long chord that bears S 46° 57' 20" W a distance of 29.47 feet to a point; Thence S 00 ° 49' S0" W a distance of 16.52 feet the POINT OF BEGINNING. Parcel contains 0.3427 acres, more or less. Basis of bearing for this description is the section line common to said Sections 13 and 18 bearing N 00 ° 49' OS " E from the N 1 / 16 corner to the N section corner. The ~rantee~ hereirt have read and aparoved the toliowing: l~ Title File No.: 894-29419 - WARRANTY DEED FOR VALUE RECEIVED MERIDIAN-IDAHO PROPERTIES, a General partnership GRANTOR(s}, does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto WILD SHAMROCK PARTNERSHIP, an Idaho Partnership • GRANTEES(s), whose current address is: `12301 W. Explorer Dr. , ~t240, Boise, ID 83704 the following described real property in Ada County, State of Idaho, more particularly described as follows, to wit: SEE ATTACHED EXHIBIT "A" WHICH BY THIS REFERENCE BECOMES A PART HEREOF AND IS COMPRISED OF ONE (1) PAGE ~ ~ ~ 8 ~ 3 kt?;- ~ ~. ~t~~~;?G~'ER v. 1~H'i :J :in~ti;til:C a 8 Q) S E i D gd~r 1'1~.E ~' ' 9't QCT `t Pi`. `~ 11 FEE ~ •~ ;• r,•1 RECORuED x ~ ~~;. ~~ ~uEST 0 TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements,(if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: October 3, 1994 Mer dia - aho Properties ACKNOWLEDGEMENT -Partnership '/~ .... STATE OF ...... ~~ .. County of ...... ~~~........ ..... ...ss. On this .... ~~ , day of .... in the year of .........~~~~ . ... ............................... . ,before me the undersigned, a \'oran• Commonwealth® ' Land Title Insurance Company File No.: B94-29419 SCHEDIILE A (continued) LEGAL DESCRIPTION (continued) EXHIBIT "A" Policy No.: 207-116925 A tract of land in the Southwest quarter of tY,e Northwest quarter of Section 18, .Range 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of Section 18; thence South 00°49'05" West along the West boundary of Section 18, a distance of 1,330.58 feet to a point; thence South 89°19'50" East, 25.01 feet to the INITIAL POINT of this description; thence South 89°19'50" East, 424.52 feet to a point on the Westerly right of way of State Highway No. 69; thence South 01°16'05" West, 193.60 feet along said right of way; thence along the arc of a spiral curve to the right having a central angle of 6°03', a distance of 213.66 feet, said arc being subtended by a chord bearing South 3°15'18" West, 213.56 feet; thence along the arc of a circular curve to the right having a central angle of 1°27'26" and a radius of 981.74 feet, a distance of 24.97 feet, said arc being subtended by a chord bearing South 08°02'49" West, a distance of 24.97 feet; thence North 89°05'55" West, 410.56 feet; thence North 00°49'05" East, 420.12 feet to~the INITIAL POINT of this description. EXCEPT Ditch and Road Right-of-Ways. iued~ S1213110285 I PE A~~RMS~L I 51213110140 51213110080 LATERAL I 51213142300 51213142200 ~~l~V O ~1~,PP ~S ~~~ ~~ 1 S11 51118223560 GEM AVENUE SEE DETAIL 51118233666 P~'p \ Qv ~ Q11P Q F1~S O Q GRAPHIC SCALE goo o so goo zoo 400 (m ragr ) >< lnoh - xoo tt Appication for Vacation a for the w South 36-feet of Gerh Avenue ~ Meridian Road to E. 1st Street VICINITY MAP ~O~W1NG ~~Rt~ N(`5 a NOTES RETAIN 5 ,,,„ n x ~ / ~ I _ 4,.....~,., ~ IV DENIN~G ~ ~~, ~ L I " IM~µt~ ~'1/ ~ I ~ ~~t . .. ~ MERIDIAN ROA ~ __ ""`"'°` W ~ ~ ~ ~ ~~~ ~ ~ (APPLICANT) A I L ~ (WILD SHAMROCK PARTNERSHIP) 100 ti FIRST MERIDIAN PLAZA ~,P~ SG ~~~~ G H v. F- F- H Q W ~,P S~'?.~~ 51118223120 SQL ,,, ,._. EIGHTMIL LATERAL O~,S 1.P~~ R3726070300 ~~ ~ Q W A 05l1~l98 Ls:25 '$`208 :f45 roov z~\,/ O~ O JAMES E• BRUCE. Pre5ldent SHERRY R. NUBfR, Vlce presld6nt SUSAN 5. ERSTLAKE. Secretory ~ECE~vEC~ MAY 1 4 199 CITY ~:`~~ 11AER1DlAP~ Mike Cavcn States Realty 6874 Fairview Avenue Boise YD 83704 ItE: Vacation of a portion of Gem Street Dear Mike: May 12 ,1996 ACRD will review a request of a vacation of a portion of Gem Street when a request if filed with the District's R.iBht-of--Way Division and will include notification of the public, interested agencies, other ACl'ID divisions. Please contact me at 345-7662, if you have additional questions. Sincerely, Kar n Gal agher Developm t S es Coordinator csr,+.vat cc: Will Berg, Meridian City Clerk Chron project file ada county highv~ray district 318 Evst 37th • Bolse, Idaho 83714-6499 • Phone C208> 345-7680 MAY 14 '96 11 34 2083220149 PAGE.03 MERIDIAN PLANNING & ZONING COMMISSION MEETING: APRIL 9.1996 APPLICANT: WILD SHAMROCK PARTNERSHIP AGENDA ITEM NUMBER: 13 REQUEST;_ PUBLIC HEARING: REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT- OF-WAY AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: SEE ATTACHED COMMENTS CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. r WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Cfty 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 HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Planning & Zoning Commission, Mayor & Council From: Shari P&Z Admini strator GOUNGIL 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 April 5, 1996 Re: Vacation of a Portion of Gem Street Right-of-way by Wild Shamrock Properties Applicant is requesting vacation of the south 36' of the existing 92' Gem Street right-of-way. 1. Plans for piping will need to be approved by Nampa-Meridian Irrigation District. Submit written evidence of approval and copy of executed license agreement to the City Clerk's office prior to commencing work. 2. Provide curb, gutter and 5-foot-wide sidewalk along Gem Avenue. 3. Provide approval letter for all work within ACHD right-of--way. 4. Detailed landscaping plan for Gem Street will need to be submitted and approved prior to construction of any buildings on adjacent property. What is the width of Nampa-Meridian Irrigation District easement that will remain, and what restrictions will be placed on landscaping in this area? Approval of this vacation request would apparently be in the best interest of the City. C:\OFFICEIWPWIM WPDOCS\GEMSTAEE. VAC WILLIAM G. BF_RG, JR., City Clerk JANICE L. LASS, 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 Chfef 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 Worlcs/Building Depamnent (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer (~~~~ Re; GEM STREET RIGHT-OF-WAY (Request for Vacation - by Wild Shanrock Partnership) 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 April S, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The City of Meridian owns and maintains a water main in Gem Street, approximately 15 feet south of the existing centerline. The typical standard location of our water mains in relation to the lip of the new curb and gutter is 4 feet. We would like to maintain this standard if possible, But under no circumstance would we allow our water main to be under the new curb and gutter. C: \OFF[CE\ W P W IN\GENERAL\GEM V ACrN. Pdt2 :~,LL:IAM G. BF_RG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty 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 HUB OF TRF.A.SUREYALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ~AHO 83642 Phone (208) 888-4433 • FARE208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/DriveaLicense(2pg) 888-4443 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OFMERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8~ Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 412/96 REQUEST: Vacation of a portion of em Street right-of--way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT:_ Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCI-tOOL DISTRICT MERIDUW PAST OFFICE(PRELIM ~ FINAL PLAT) ADA COIUNTY HIGHWAY DISTRICT ADA PLANNMiG ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MER®IAN IRRIGATION DISTRICT SETTLERS I~tIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATIO LIM 8 FINAL PLAT) CITY FILES ~,~ ~ ~; OTHER: YOUR CONCISE RIBIAARKS: MAR 1 9 1996 CITY OF INER1DlAl~ MERIDIl~N BOWLING L/'~N~~, INC. 324 So. Meridian St. • Meridian, Idaho 83642 • Phone 888-2048 April 16,1985 Mr. Ray Putman Ada County Highway Distr. 318 East 37th st. Boise,Idaho 83714 Dear Mr. Putman: We would like to receive permission to improve at our cost the South 24ft of the North 59ft of Gem St. adjacent to our Bowling banes to provide for additional off street diagonal parking for our patrons. We would proved pumper guards as a protection against possible encroachment beyond that distance. Please advise us what may be required to receive this permission. Sincerely: ej q~kq ~~.1 MAR. 2 7 1998 CITY OF MERIDIAN E. J . c~uin ti eri President • MERIDIAN MINI-C'FNTFR • ~'~~i~ APR - 3 1996 LICE!~ISE AGREEMEtJT THIS AGREEMEtJT, made and entered into this. ;~, day of ~,,j,~ , 19~S,Z, by and between the-ADA COUtJTY HIGH~JAY DISTRICT, by and through its Commissioners, Charles L. Winder, Glenn J. Rhodes, and Keith A. Loveless , hereinafter collectively referred to as "LICEPlSOR", and E. J. Quintieri, President Meridian Bowling Lanes, Inc. whose address is 324 South Meridian Street, Meridian, Idaho 83642 (888-2048) hereinafter referred to as "LICEtlSEE". WITNESSETH: For and in consideration of the terms and conditions hereinafter contained, and the covenants to be kept, it is hereby agreed as follows: 1. NATURE nF LICENSE: P~~rsurn ~ t, th_ ter~r:s ~r,d ~~nd i L iuiis of the agreement herein contained, Licensor .hereby grants to Licensee, a license to encroach upon a portion of the public right-of-way located in Ada County, for the following specific uses (specify): To use and maintain a portion of Gem Street for parking adjacent to Eight Mile Lateral. Licensee to install bumper guards for each parking space. Licensee to provide and install 2-foot berm between parking area and the Eight Mile Lateral for safety precautions. Licensee to obtain necessary permits from Ada County H~hway District and other public/government agencies prior to any construction in the public right of wav. Licensee understands and agrees that should this area become necessary as a part of the public right of way for traffic and pedestrian use, this agreement will be extinguished and terminated and Licensee will have thirty (30) days in which to remove his encroachments, on notice of termination. Licensee responsible for location of all utilities prior to construction. Parking area shall be constructed in such a manner as to provide for existing drainage. 2. GRANT OF LICENSE: The property to be included in this License Agreement is a parcel of real pronerty within the public right-of-way in Ada County, State of Idaho, more particularly described as follows: A strip of public right of way, more commonly known as a portion of Gem Street, located in the Northwest %, of the Northwest ; of Section 18, Township 3 North, ~ Range 1 East, Boise Meridian, Ada County, Tdaho, more particularly described as follows: i The South 24.00 feet of the North 59.00 feet of the Westerly 320.00 feet of Gem Street. lying parallel and adjacent to the Eight Mile Lateral, said strip of land lying between Meridian Street and East 1st Street (State Highway No. 69), Meridian, Idaho. said parcel containing 7,680 square feet, more or less. See Exhibit "A" for location, herewith attached and made a part of this agreement. 3. TERM OF LICENSE: The term of this license shall run fora period of time commencing on the ~%~T1, day of _~,~~,:.;~ 19~~ ,and shall terminate upon the ADA COUNTY HIGHl~IAY DISTRICT, or its successors, notifying the said Licensee, or its successors or assigns, in writing, that said License has been terminated by Licensor. Licensor agrees to give Licensee, or its successors, thirty (30) days ~';~ritten notice of said termination. LICENSE AGREEMENT - Page 2 4. OWNERSHIP: Licensee acknowledges that said property described in. paragraph 2, "Grant of License" hereinable set out is public right-of-way, and Licensee waives any claim to ownership of said right-of-way whether in fee, or adverse possession, or any other right, title, or interest therein, other than set out pursuant to the terms of this License Agreement. 5. TAXES AND ASSESSh1ENTS: Licensee herein agrees to pay all special assessments and personal property taxes that may be imposed against said property during the term of this License Agreement. 6. FIXTURES AND II'~ ROVEMENTS: Pursuant to the terms of this License Agreement, Licensee may erect improvements and place fixtures upon said right-of-way as :et out in paragraph 1,."Ifature of License". It is agreed and understood by and between the parties .hereto, that after the termination of this License Agreement, Licensee shall remove all improvements and/or fixtures placed in said right-of-way by Licensee herein at no cost or expense to Licensor. It is further agreed and understood by and between the parties hereto that should Licensee fail to remove any improvements or fixtures on said right-of- way at the termination of the license herein, and the Licensor desires to have said improvements or fixtures removed, the Licensor may remove said improvements or fixtures and assess Licensee for the costs of removal of the same. Licensee herein agrees at the termination of said License Agreement, to return said premises as nearly as practicable to the condition that said premises were at the time Licensee executed said License Agreement. It is further agreed and understood by and between the parties hereto that should Licensee not remove said improvements or fixtures located in the public right-of-way at the termination of this Agreement, Licensee disclaims any interest or title to said improvements or fixtures left on said property after the expiration of the term of said License Agreement, and all improvements or fixtures left on said property after the termination of said License Agreement shall pass to the Licensor at no cost to Licensor. 7. ASSIGNMENT: It is expressly agreed and understood by and between the parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or sell its rights under this Agreement except on the prior express written consent of Licensor. 8. HOLD HARMLESS A,~D INDEMNIFICATION: Licensee will, at all times, indemnify and hold harmless Licensor, its agents, successors and assigns, against all actions, claims, demands. 1labilities, damages, debts, bodily injury and property damage, including all expenses, costs, and attorney's fees which may in any manner be imposed on or incurred by Licensor as a consequence of, or arising out of, the acts, direct or indirect, defaults or omissions, on the part of Licensee, or any of its officers, agents or servants, arising out of or in connection with the above described property or any fixtures or improvements placed upon said property by Licensee hereunder, which is the subject of this License Agreement. 9. ATTORNEY'S FEES: It is agreed, by and between the parties hereto, that in the event suit is instituted for the purpose of enforcing any and all of the provisions of this Agreement, the defaulting party shall pay attorney's fees therein as are adjudged reasonable by the Court. LICE;JSE AGREEMEiJT - Page 3 10. HEIRS AND ASSIG~JS: Covenants and conditions of this License Agreement shall extend to and bind the heirs, executors, assigns and successors of the . respective parties hereto. IN WITNESS IJHEREOF, the parties hereto have executed this License _._.~ Agreement on the day and year first above written. ATTEST: D i c o , Q A a Co lHig 2 y District _' S ~. ?~CT~,/~ ADA COUNTY HIGHWAY DISTRICT By' ~ Yl11 , /~ Cha ~s L. Wind r,; a ent G enn J./Rho es, tc Prestd By: ~f ~~ d'z~ Ke th A. Loveless, Secretary Approved by the Commissioners of the Ada County Highway District in the minutes of the public meeting of said Commissioners held on the day of lg , STATE OF IDAHO ) ss. County of Ada ) MERIDIAN BOWLING LANES, INC. B v-~-`------.. E.-J. Qutnttert LICENSEE President LICENSEE On this ~7~ day of ciG 19 ~•5 , before me, a tJotary Publ i c in and for said State, persona ly geared Charles L. Winder Glenn J. Rhodes and Keith A. Loveless known to me to be the Comm ssioners of the da County Highway Dtstrict, and that they as such Connnlssioners, being authorized to do so, executed the foregoing instrument for the purposes therein set forth, by signing the Ca~efo the Ada County Highway District by them as such Commissioners. ,~ p~..~•• °•:~1~ITNE$S WHEREOF, I have hereunto t my hand and official seal. ~£Ai.) ••• ~G • ~'• PUBS' ` of Public for State of Idaho •' ~•'ay~3 Re ~' ing at Boise, Idaho slitE,OF~,•~';~;,; Comm. Expires y'•s'-~-o STATE OF IDAHO ) ss. County of Ada ) On this ,.?y~day of ~jn,~.vQ 19~'S, before me, a Notary Public in and for said State, personally appeared E. J. uintieri President Meridian Bowling Lanes, Inc. known to me to be the person whose name ~ is/(subscribed to the within instrument, and acknowledged to me that he executed the same. ' N WITNESS WHEREOF, I have hereunto set my hand and affixed m official sea do Fs~d, lY,~County, the day and year i n . thi s L ~se Agreement first above written . `Q~•• ~ '••.y ?;' ~ CRY ~ i . ~ .~ a ., ~~~ d Notary , blic for State of Idaho ~ • ~ ~~ .' ~ Residing at Boise, Idaho STATE ~i Comm. Expires 9-5-85 ._ ~+~g~r / / g •+~.~- t~H/ B ~ T ''A a _..__..~.. ~ ~ T n'I~9 ~/ 7 n 3t~' ~. 37~, 5~• ~a: 5 L Z ~ FS'3 7 / `/ G~~, s r ~ ~-T-- n YVILLIAM G. BF_RG, JR., City 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 & 2 Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney .j, HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Plaice to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTI.EY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (Z08) 887-4813 JIM JOHNSON Chairman Public WorksBuilding Departmea (208) 887-2211 , TIM HEPPER Motor Vehicle/Driver:l.icense (~O8) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Ma}ror TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning ~ Zoning Commission, please sl,~mit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clertc by: April 2. 1996 TRANSMITTAL DATE: 3/18!96 HEARING DATE:__ ~4/ 2!~- :' REQUEST: Vacation of a portion of em Street right-of-wav (`~/%~9-~ BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z ~ MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C1C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~~ ~~~ ~/~ CENTRAL DISTRICT HEALTH NAMPA>f~RIDIAN IRRIGATION DISTRICT ~~~ ~ ~ j9a~ SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) CITY Ot: 1AERIDIgr U.S. WEST(PRELIM ~ FINAL PLAT) INTERAAOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~~.~r-~ D/1! 7%i~~~ ~C~C.//I~.d'.~l?'S' ~(C/ L.~lbt2S'Ti4.~lZY.G CITY ATTORNEY nF u>,y~q~ .4-t'~D ,cr~ ~~-c~,e.~rZ.vr -z .ya CITY ENGINEER _ c7,Q.jre.~,u o 2 ~,~,w,y,,,~,~~r~s~e~~f , CITY PLANNER 'L ~~~/~~ WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., Cfty 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 HUB OF TREASURE VALLEY A Good Place W Live CITY OF MERIDIAN COUNCIL MEMBERS WALT W. MORROW, President RONALD'p. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public WorksBuildiag Department (208) ~ ~ I~ ~'r^ Motor VehicleJDrivea License (208) 888 `~ - RoB~rrD. co>z>~ MAR 1 0 1996 P 8 Z COMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Mayor NAMPA & tV1EiliUTAN IRRIGATIONI UiSTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning 8- Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Vacation of a portion of Gem Street right-of-way BY:__VUild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C1C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) GLENN BENTLEY, 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 & Mer i inn Irrigation POLICE DEPARTMENT District has no comment on Gem Street right-of-wa CITY ATTORNEY CITY ENGINEER CITY PLANNER center of h T.a aral However, Nampa & along Gem Street 1 as a 60 foot rig Thi S ri gh -of-wav m it S Meridian in .this t-of-way t by nro 8 Mile Lateral courses area. 8 Mile Lateral 30 feet each side of t c ari r~l--= .fir ''•iG7tll~?~:: 1 MERIDIAN CITY COUNCIL MEETING: JUNE 18 1986 , APPLICANT: WILD SHAMROCK PARTNERSHIP ITEM NUMBER; 9 REQUEST•PUBLIC HEARING• REQUEST FOR VACATION OF A PORTION OF GEM STREET RIGHT OF WAY 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 4-19-96 8< 5-1496 P 8< Z MINUTES SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: Materials presented at public meetings shall become property of the City of Meridian. Meridian Planning & Zoning Commission April 9, 1996 Page 45 before you step into this. Oslund: Well that addition doesn't need to be done, it could be, just come back go to the building department and say we have a single family residence or a duplex and we want to add on a family room and I don't believe that you will ever have to come see us. As long as you meet their requirements. Crookston: On your question about if you do go with a conditional use permit or an accessory use permit either one and then you operate your business and in two years or 20 years later you want to go back to the home that is not a problem. Johnson: Anyway, the way this process works is if we go to the findings of fact and conclusions of law then those aren't addressed until our May meeting on the 14th, following that it goes to the City Council so it is not a real quick process. That is as quick as it can be under the (inaudible) with what we have to do with noticing the people etc. Anyone else have anything else? Anyone from the. public have a final comment? If not I will close the public hearing then. It does require findings of fact and conclusions of law. Oslund: Mr. Chairman, I move that the City Attorney prepare findings of fact and conclusions of law for this application and incorporate the testimony given and the concerns of the commissioners. MacCoy: Second Johnson: Moved and seconded you have the City Attorney prepare findings of fact and conclusions of law, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: That is it for tonight, if you do have any question feel free to contact the City either the public works department but that is probably not your best bet, go first to the City Clerk if you have any questions he can direct you to the people to give you answers in the interim here. ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF A PORTION OF GEM STREET RIGHT-OF-WAY BY WILD SHAMROCK PARTNERSHIP: Johnson: At this time I will open the public hearing and ask the representative or the applicant to come forward and address the Commission. I need to remind you that any materials presented to the Commission become property of the City. Meridian Planning & Zoning Commission April 9, 1996 Page 46 Mike Caven, 6874 Fairview Avenue, Boise, was sworn by the City Attorney. Caven: Mr. Chairman and Commissioners my name is Mike Caven I represent the Wild Shamrock on this application for vacation of Gem Street. I would like to kind of bring you up to speed here a year ago this month on this project we had approved is what I have here before you. The Blimpie's/Godfather site 'has been constructed and they are in business and operation right now. We will be submitting the final plans for buil~rtg D here within 30 days and begin construction on that. What we have before you right now, we are working with building A on this plan .here shows that it is a sit down restaurant, under the conditional use a year ago, that is approved for a drive thru and that is what we are attempting to do is with our client right naw to put that back into a drive thru. We have another plan that will show that as a drive thru. What we are referring to tonigf~ is for this building, for the future drive thru, we feel it is aitical for an access onto Gem Avenue. And so we are looking for a vacation of Gem Avenue, we want to cover up that Eight Mile lateral and put the access in on Gem Avenue. (Inaudible) Caven: Reviewing the comments from Shari we don't have a problem with items 1 through 4, if we can add a fifth item to that. The fifth item would be the plans for vehicle access on Gem Street will need to be approved by Ada County Highway District, submit written evidence of approval to the City Clerk's offwe prior to the commencing of work. Above and item 1 were subject to working out of piping the Eight Mile lateral getting art executed license agreement and submitting that as evidence to the City Clerk's office. In item #3 we are to provide an approval letter ftom ACHD for all the work to be done in the right of way. In item 4 we are to submitted a detailed landscaping plan for Gem Street prior to any building. So item 5 as I suggested would just continue that we would get an agreement with Ada County Highway District for this access to Gem Avenue prior to c~tstruction. With that if there are any questions? Johnson: Thank you Mike, any questions of Mr. Caven? This is a public hearing is there someone else that would like to address the Commission at this time? Jean Quinteri, 2710 Laurelhurst Drive, Boise, was sworn by the City Attorney. Quinteri: We have no objection to the tiling of the lateral adjoining Gem Street. The only thing that we are concerned with that in April 1985 the Ada County Highway District granted us permission to improve the South 24 feet of the north 59 feet of Gem Avenue for additional parking, that we have done. We would like to be able to continue to use that for a portion of Gem Street for off street parking for our patrons. Following some of the plans that have been submitted. and the details that I have here one concern that I have Meridian Planning & Zoning Commission April 9, 1996 Page 47 is how far into that south 24 feet will that improvement come. How much of that 24 feet will be used in approving the lateral? We would like to be able to maintain that, I know that the agreement from the Ada County Highway .District has a stipulation they can rescind that approval, but we sure need it and we would like to keep it. Are there any questions, I would be glad to try and answer them for you. . Johnson: Okay Jean I am not too sure we can answer your question and I can understand the importance of that to you. I would like to ask staff at this time if they have looked into that specific issue and perhaps can shed some light on the situation regarding Meridian bowling lanes. It doesn't matter which one of you goes first. Smith: Mr. Chairman, I have looked into that license agreement that they have. Johnson: That license agreement is that the agreement that he is referring to of 1985 with ACRD? Smith: I believe so. Johnson: Do you happen to have copies of that? Quinteri: I delivered some to the City. Johnson: The City has that. Quinteri: I delivered copies and they made copies of mine. Johnson: I don't think we have those in our packet. Let me see, we do have that in here. It is smaller type, it has been reduced. Quinteri: (Inaudible) Johnson: It looks like it runs for an indeterminate period of time until such time as you are notified by ACHD it no longer exists right? Is that your understanding? Quinteri: That is correct, there is a rescind on section 1 the last seven lines you can see where the license can be terminated with a 30 days notice which we haven't received. Johnson: Have you had any discussions Jean yourself with any representatives from ACRD on this? Quinteri: (Inaudible) Meridian Planning & Zoning Commission April 9, 1996 Page 48 Johnson: I guess the real question is one we probably can't answer at this point and that is how far that comes into the 24 feet is that con ect. Caven: The reason that we would be happy not to improve the street, curb, gutter and sidewalk, it is a recommendation bar ACHD that we do that. Brian here can address the technicalities of a 24 feet. How it got to what it is and why it is there. If you can see if we can get rid of the curb, gutter and sidewalk then we can preserve his 24 feet and move on and that would be fine. Johnson: Well I would appreciate Brian's comments. Brian Iverson, 826 LaCassia Drive, Boise, was sworn by the City Attorney. Iverson: Just a little history, Gem Street has 91 feet of right of way, it was sold to the County Highway District I believe it was about in the late 1940's. Sold them 91 feet of right of way so they could get rid of the Eight Mile Lateral I guess with it. So at this time the Eight Mile Lateral is located on Ada County Highway District right of way and the Wild Shamrock parcel actually abuts Gem Street right of way south of the lateral. (Inaudible) recommendations of ACHD was to curb, gutter and sidewalk Gem Street as part of the development. That creates drainage problems plus we have no access so one of the things that arose out of that was to go in and the the Eight Mile lateral and get access to Gem Street and provide the improvements. To do that we proposed to vacate the southerly 36 feet of Gem Street. Mr. Quinteri does have a license agreement from 1985 for the north, the south 24 feet of the north 59 feet of the existing right of way. The impact on him would be that the new right of way would encroach 3 feet into his 24 feet from the south. Under the provisions to provide curb gutter and sidewalk, the curb, gutter and sidewalk and distance from the right of way to the back of the sidewalk will require an additional 9 feet. So the total encroachment into his 24 feet is 12 feet leaving him a remainder of 12 feet which is really a moot question because now we are looking at a paved street out there and it would be my belief that the Highway District would rescind the agreement because now you have an improved street with curb, gutter and sidewalk out there. Johnson: So the parking would disappear is what you are saying? Iverson: That would be what I believe. Oslund: On both sides of the street? Iverson: Yes Oslund: So the typical section for this piece, then this is an arterial, five lane? Meridian Planning & Zoning Commission April 9, 1996 Page 49 Iverson: I believe it is designated a local road, our firm also did the Meridian Road design improvement. Because of the connector and everything else the existing ourb retums at E. 1st Street are 41 back to back for a street .line with turn section. ACRD had approved that and with my belief that because of the connection between Meridian Road and East 1st. Oslund: So it is a 3 lane. So he is really going to lose a ton of parking, nat just on the south side of Gem Avenue but everything on the north .side he is going to bse. (Inaudible) Oslund: Okay, so your improvements are only half street improvements from the center line to the south. Iverson: Right, well it requires just a pavement match and it is not even a fait section. Quinteri: Can I ask a question, is it necessary to put that wide of a sidewalk in Gem Street? Iverson: We, normally with that street section you have a 7 foot sidewalk in this case we have 5 foot sidewalks. The other reason that the street is so far north and yr a will notice that with the existing curb retums on East 1st that they are in the northerly portion of the existing right of way. One reason of course is that the Eight Mile Lateral takes up the southern portion of that right of way. The other is that the bridge is both on East 1st and on Meridian Road by the time you put the radius in and you can see it on the existing curb retums on East 1st and the road way would match those because of the bridge being there by the time you get the radius, the curb return radius in the Gem Avenue moves north. Oslund: Does this require findings? Crookston: Yes Oslund: (Inaudible) Crookston: Well I think that it does but I am not sure. Johnson: I didn't think that it did (inaudible) it is a recommendation as I recall. Crookston: I will look into and if findings are required then I will do them and il' not I won't. Johnson: I think we need to move if we are going, and if we are through with the testimony Meridian Planning & Zoning Commission April 9, 1996 Page 50 we don't know that yet (inaudible). Is there any other testimony? Smith: Mr. Chairman can I ask a question? Brian do you know where the building is in relation to the right of way line, Meridian Bowling lanes? Iverson: 1 do but whether or not I have got it with me I don't know. I don't have it on the drawing Gary. Quinteri: Our building is 22 feet north of the Gem Street right of way that we have (inaudible) Iverson: So then 22 feet of the right of way and when you put the curb, gutter and sidewalk on your side you would have basically 22 feet. Smith: Is it possible then that his parking along his building would be protected even as Gem Street is developed do you think or not? Iverson: It would be my observation that as Gem Street is developed on the north side, as curb and gutter is developed up there then you would be restricted to that 22 feet which I believe would probably reduce it down from what he is seeing now because of the open nature of it. (Inaudible) parking stalls so about 20 feet so if he was pulled in towards the building (inaudible) Oslund: What was the distance from the face of curb back to property line? Iverson: Two feet, from the face of curb to the property line it would be 7.5 feet. Oslund: It doesn't look good for parking as Gem develops. Smith: I think the highway district would have to make some special ruling on that. I guess that this their jurisdiction. Quinteri: (Inaudible) South 24 feet (inaudible) along that side and leave (inaudible). Johnson: We are not in receipt of ACRD comments is that correct? Smith: Mr. Chairman, may I ask another question? Mr. Quinteri how many parking spaces do you have available at this time for your bowling lanes, do you know? Quinteri: 190 some. Meridian Planning & Zoning Commission April 9, 1996 Page 51 Smith: How many spaces do you have adjacent to Gem Street do you think at this time? Quinteri: Well we can use as many as 22, 24 places, Smith: On the South side? Quinteri: Yes (inaudible) you are going to have a passage way (inaudible) Crookston: Well they have got to eat somewhere, you just won't have as much food business Jean. Quinteri: We are getting, it is amazing we get more restaurants out that direction and (inaudible) going up, so bring more restaurants in. Johnson: I am not sure that we are getting all of these comments on the recording here that Anna has to deal with. At this point it looks like we are kind of at an impasse, we need to have some kind of recommendation. If it does require findings of fact and conclusions of law and Anna thinks it does and she does all the typing on all these (inaudible) so she probably knows so I think we need to do that. I am sure that the Commissioners are interested in ACRD comments. Iverson: I guess as a point, we haven't filed a formal application with ACRD and I don't know is it a part of the City process when you get a request for a vacation is it forwarded to ACHD Gary? Smith: They have their own process but Shari said this was forwarded to them. Iverson: Part of their process is that we have to have City approval (inaudible) before we proceed with their process. Johnson: We just need some action on it whatever you want to do. You have some options you can table it, you can proceed on the condition of (inaudible) deny it, ask for findings of fact. Oslund: I think it is a tough decision but I don't know what kind out of our jurisdiction. Johnson: I think that is true but what might occur is some options, I don't know that they might be that ACRD might come up with. 1 know ACRD is the one that wants the street 3 lanes wide. But I would still look for their comments on their review of this. MacCoy: (Inaudible) Meridian Planning & Zoning Commission April 9, 1996 Page 52 Johnson: You guys can do whatever you want to do; I don't want to tell you what to do. MacCoy: I propose that we table this until we receive the ACRD comments and (inaudible) next meeting. Johnson: You have to table it to a date certain which would be May 14. MacCoy: May 14 Iverson: Well if you have submitted it to ACRD and they haven't responded what is the mechanism to get comments from them? Johnson: (Inaudible) process the way I understand it, is that correct? Smith: Well I am not sure how the highway districts reacts on vacation. If what Brian is saying, it sounds like they are waiting for a response from the City of Meridian before they issue any action. I don't know I haven't followed one through before on a vacation of right of way. I am song I can't tell you. Johnson: We did one on Roger Anderson that we handled on March 12, do you recall that specifically? Smith: We vacated an easement for Anderson yes, that was a City easement, this is a public right of way. I am song I don't know what their process is. I know they have public hearings and advertisements just like we do but I don't know if they are requiring some kind of input from the City of Meridian prior to their holding of that public hearing. Iverson: As part of the application process you need to submit approval by the City for the vacation. ACHD of course owns the right of way and now they charge you for it. The developer has even had to have an appraisal done of the Eight Mile Lateral part of it so that ACHD can determine Market Value at which you would purchase it. Caven: I think what, we thought through these things, I think what when I first started on these conditions 1 through 4, if we can add that number 5 that gives this Commission the opportunity to go ahead and move this thing forward and get a decision that we can take and put on our application to ACHD but still what their decision is have to come back before your clerk with the written approval of what they will accept. That was my proposal on putting that in the number five plans to be able to access onto Gem Street will need to be approved by the Ada County Highway District, submit written evidence of approval to the City Clerk's office prior to commencing of work. So I think that would allow you to make that decision pass it forward and whatever ACRD decides has still got to go through Meridian Planning & Zoning Commission April 9, 1996 Page 53 the City of Meridian before we start work. Oslund: Well I think we should consider as hard as it is moving this forward and if, have we decided that there are findings. Johnson: We are pretty sure that it is required. This is not something that we handle everyday, but we think we do. Stiles: Chairman and Commissioners, I know that the last vacation that we did was for Roger Anderson and that findings were prepared however in December of 1994 we vacated an entire plat with all the roadways and associated easements, Crookston's comment here, Crookston states,"this does not require findings", Johnson, "it is a recommendation though is it not?" Crookston, "You can make a recommendation to the Council." Shearer moved we recommend the City Council to vacate this plat, second and it went right onto City Council. The motion was, we have a motion to recommend to the City Council approval of the vacation of this subdivision plat and the associated right of way all those in favor, opposed. Crookston: There may be differences between vacating the plat and vacating a right of way. Stiles: 1 don't believe we did any findings for the Loffer vacation. Crookston: Either way Johnson: I don't think any of those cases had a negative impact on anyone. (Inaudible) Crookston: If they are required I will do them if not 1 won't. Stiles: Is this State code where it requires that? Crookston: We deal with that and the City's ordinance on this, both. Oslund: I am going to take a shot at a motion here. Johnson: Well Malcolm already has one on the floor. Caven: Could I ask a quick question, if you guys decide the sidewalk doesn't need to go in, the improvements don't need to be (inaudible) says they want them (inaudible) is it this Commission or the City of Meridian or Ada County Highway District. Meridian Planning & Zoning Commission April 9, 1996 Page 54 Crookston: ACRD will make the final determination (inaudible). Caven: That is where if we can get through this and add this number 5 the developer and the bowling alley we can get down to ACHD and work this out with them and bring that decision back to the City of Meridian. Crookston: That could be, the City does have to approve it at some time. Caven: ACRD is not going to hear it until they get recommendation from the City. Johnson: We have a motion on the floor. Oslund: Malcolm could you restate your motion please? MacCoy: My motion was to table this until our next meeting in the month of May, regular meeting in the month of May. We would then look at the ACRD comments on this. There may not be any. Oslund: I would like to second that and ask for discussion. Johnson: You can't have discussion until there is a second or it dies for lack of a second. Oslund: I just said that. Johnson: Okay, we have a motion and a second, discussion. Oslund: Okay, I guess I would, I don't know that there is a need to table it and I understand that there is an impact to the property owner. It is ACHD's right of way that they are seeking to vacate. ACHD is going to have to make a couple of decisions, they are going to have to decide whether they are going to give him as (inaudible) on street parking that is not currently shown in this 1 don't know. There are several issues that need to be worked out and I don't know but I think they are all within the jurisdiction of ACHD. So, as an alternative, I would offer that maybe we just go ahead. Johnson: Well we have to vote on this motion first. (Inaudible) any further discussion? We have a motion to table until our next meeting with hope of feedback from ACHD which we may or may not be getting, all those in favor of that motion? Opposed? MOTION DEFEATED: All Yea Johnson: Is there any further discussion or another motion? Meridian Planning & Zoning Commission April 9, 1996 Page 55 Oslund: I would like to make a motion that we determine if we need the findings of fact and if we do we prepare them and if we don't then this motion would be that we approve the request for vacation of this street right of -way. Then we get a chance to review the conclusions of ACHD's review. In other words that would come back to us. Johnson: You have a motion on the floor is there a second? Motion dies for lack of a second. Gary Smith you had a comment that might help us? Smith: Mr. Chairman I was just wondering if the parking requirements for the Meridian Bowling lanes should be taken into account here just to see what kind of impact this really has on their operation. Johnson: Square footage versus use and that sort of thing. I would guess it would (inaudible) originally approved for that. Smith: I have no idea, but I don't know that there has been any plan set forth as to how this is going to look once the street is improved and whether or not parking spaces can be provided along the south side of the building off of Gem Street. It may be that Meridian Bowling lanes is not only going to lose the parking spaces on the south side of Gem Street but they will lose them on the north side of Gem Street also with the improvement of the road. There is after all 92 feet of right of way provided here, 92 feet, that is probably as wide of right of way that we have in the City of Meridian except for Fairview Avenue. (Inaudible) Smith: I understand that but it is still public right of way. We are going to vacate 36 feet of it because of a ditch which will be piped. If the ditch is going to be piped it could be moved onto the property and piped. Johnson: Do you think there is a possibility that the vacation of this easement is going to put Meridian bowling lanes out of compliance? Smith: I am just asking the question Mr. Chairman, I don't know. But right now, I don't know, I am just asking the question. Johnson: I don't think we have enough information here to make a decision here. I think in that regard we need to get some additional information. We are going around in several different directions here. Smith: I understand that, I am just tossing out a question that I think from my standpoint needs to be answered. We have an operation of a long term Meridian business down Meridian Planning & Zoning Commission April 9, 1996 Page 56 there that has relied upon parking along Gem Street and all of a sudden it appears to me that parking on both sides of Gem Street is jeopardized by the vacation of 36 feet of the existing right of way. Oslund: Is that parking currently on public right of way? . Smith: It is on the south side yes sir. On the north side if there is 22 feet of space between the building and the right of way then that parking area is on the Meridian Bowling Lanes property. But on the south side that is definitely in the right of way. That is why this license agreement exists with the highway district. Oslund: I share your concerns as well and that is why I said that ACHD is going to have, one of the decisions that they are going to have to make is are they going to allow direct off street parking on the north side. {would say that is unlikely. That is, it is something that is going to have to be dealt with. Quinteri: On the north side of Gem Street there would be no need to provide (inaudible) parking in our own property (inaudible). Oslund: Yes, but that parking would have to direct, it would have access directly from the street, is that correct, backing in and out? Quinteri: It does now. Oslund: And with the new street is that right? If they were to complete curb, would you still have to get into that parking space directly from the street? Quinteri: If you put curbs and gutters on the north side (inaudible) curbs and gutters would have to go on the portions (inaudible) 92 feet of right of way. (Inaudible) Johnson: Comment Mr. Coven? Coven: A year ago when this was approved the climate of this site regardless of if we tiled the ditch or not is to do the improvements to Gem Avenue. So the issue here isn't if we should the it or not, that doesn't matter, we are required to put the improvements in by ACHD on a conditional use from a year ago. So we have to do that. The way the ground lays because of the ditch and the bridges to get the radius that ACHD warrts that is why the sidewalk is where it is. So that is going to go in regardless if we pipe the lateral or not. The second issue, when you get down to it, we want to work with the neighbor but the bottom line is the public right of way in the agreement with ACHD they gave the bowling alley the right to use it until such time as the revoke the license to use it. I wish I could go Meridian Planning & Zoning Commission April 9, 1996 Page 57 around town and get parking on public property all over the place. But the bottom line is that ACRD knew this was going to be improved. at some time in the future, they weren't using it at the time. (End of Tape) phase one of the Blimpie's and Godfather's they didn't make us do it. When we come in with phase 2 they are going to make us put it in. Oslund: What is the variance that you are refen-ing, you just said that ACRD would grant a variance, what variance are you seeking? Caven: Well if I said variance 1 didn't mean variance, what, we did phase 1, Godfather's and the Blimpie's they did not make us improve Gem Avenue at the time. When we come in to do our next building they said they will make us do the improvements on Gem Avenue, it is already set. And so what we have done in the mean time, we have a user for building A, which the access onto Gem Avenue would be very beneficial for traffic flows for getting in and out of the site. We determined if we pipe that and make an access to Gem Avenue. Oslund: So the half street improvements that you guys are committed on doing on the south side there does it have on street parking of any kind? Or just bike lanes or what does it have? Caven: Has that been designed? (Inaudible) Caven: We will have to submit some plans to ACRD and go with what the requirements are. So we get the vacation and your comments on it so we can go down and apply to them and say the City of Meridian agrees to-this (inaudible) on street parking or restrict the parking or what they are going to do. Oslund: That would replace maybe half of what he has got now, he has 24 spaces that are perpendicular on the south side. If you did parallel parking possibly you can get some back. I just don't see, the stuff that is happening on the north side that is going to happen in the future and that is really not, that is something that is going to have to be dealt with but I don't think it is our, I think it is ACHD's issue. Crookston: How far to the east of Meridian Road is the plan for the access into the Bolo's area and that area? Caven: That is another issue and we will need to get exacts, but as it is drawn right there it is about 210 feet of East First and about the same from Meridian Road. Meridian Planning & Zoning Commission April 9, 1996 Page 58 Johnson: Okay we need a motion guys or we will be here all night. MacCoy: I recommend that this material be tabled until the next meeting to get the ACHD material in hand and also study or comments by our staff to do with the bowling alley. Johnson: Okay, I am looking for a second here before we have discussion. Oslund: Second Johnson: Okay, I think the problem here in this motion is you made your motion with the ACHD would be providing comments and I don't necessarily think they are going to provide us with anything. I think you can structure a motion to pursue that to clarify whether we are going to get it. I think (Inaudible) requirement that someone from staff contact ACRD. (Inaudible) I don't think we can state with those in hand because I don't think we have anything in hand and therefore we would be stuck again with tabling it again. MacCoy: I rescind my motion. Crookston: The second needs to rescind also. Oslund: 1 will rescind my second MacCoy: 1 recommend that we table this material with the fact we will review it again in one month at the regular meeting with staff checking into the ACRD material if any, and the needs for findings of fact and conclusions. Oslund: Second Johnson: Any discussion? All those in favor of the motion? Opposed? MOTION CARRIED: All Yea Oslund: I move that we close this meeting. Hepper: Second Johnson: We have a motion for adjournment, all those in favor? Opposed? MOTION CARRIED: All Yea MEETING ADJOURNED AT 10:50 P.M. Meridian Planning & Zoning Commission May 14, 1996 Page 55 . our entryway to Meridian, I wished you would have faced it out onto our entry though. Zamzow: Thank you (inaudible) Johnson: Anyone else from the public that would like to address the Commission? Mike Caven, 6874 Fairview Avenue, Boise, was sworn by the City Attomey. Caven: Mr. Chairman and Commissioners I just wanted, to reiterate some things real quick. I am the leasing agent for Mr. Zamzow on the piece of property. This has been quite a process that we have been through in selecting a tenant for this building. We have seen a lot of different people interested in it. We feel we have selected the best tenant not just in dollars (inaudible) but in the type of business that they are doing the cleanliness of the business as far as contamination looks and so forth. So we have spent some time researching who and what is going into the building. As far as the rest of the property we intend to do the same thing as we come in with new tenants for the rest of the property. We will be going through a building permit process and we will need to show landscaping at that time. If it is a conditional use we will be back in front of you to do that. Again Mr. Zamzow does have quite a bit of investment in the City of Meridian not just this site. He wants to keep it that way. Johnson: Any questions for Mr. Caven? (End of Tape) Johnson: Any comments from staff on the application? I will close the public hearing at this time. Shearer: Mr. Chairman, I move we have the attorney prepare findings of fact and conclusions of law. MacCoy: Second Johnson: It is moved and seconded we have the City Attorney prepare findings of fact and conclusions of law on the application for a conditional use permit by Advantage Auto Sales Inc., all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: TABLED APRIL 9, 1996: PUBLIC HEARING: REQUEST FORA VACATION OF A PORTION OF GEM STREET RIGHT OF WAY BY WILD SHAMROCK Meridian Planning & Zoning Commission May 14, 1996 Page 56 PARTNERSHIP: Johnson: This item was held to the end of the meeting to accommodate the applicant. I will now open the public hearing, if the applicant would like to address the Commission at this time or his representative. _ Mike Caven, 6874 Fairview Avenue, Boise, was sworn by the City Attorney. Caven: Mr. Chairman; Commissioners, I represent Wild Shamrock on the vacation of Gem Street here in Meridian. From our last meeting it was tabled to get some input from Ada County Highway District. We talked with themw t faxed over a letter to Mr. Johnson today, I didn't know if the rest of you guys had a chance to see that. I am trying to find it here. I appreciate you tabling item 5 to the end so t could get here for this. Here is a copy if it, anyway we have talked to ACRD about this Gem Avenue. Our first approach to them was to vacate the whole Gem Street, they didn't want to go for that. Our second approach was then let's purchase Gem Street right of way, they didn't want to do that either. They want Gem Street to be improved and constructed. In our conditional use for our site back in April 14, 1995 in the findings of fact, I will read paragraph 19, it says the Ada County Highway District submitted site specific requin}ments and they are incorporate herein as if set forth in full which include providing a deposit to the public rights of way trust fund of the district for required street improvements. a will skip down to where it talks about the construction of Gem. Constructing curb, gutter, five foot sidewalk and matching existing pavement along Gem Avenue. And so they made the comments a year ago this April in regards to our project and what they wanted to see along Gem Avenue. They do want us to improve it, like I say we went through the Stake trying to acquire it and they no they need it for their traffic patterns for this area. In the conclusions put together by your attorney then item 7 says the applicant shall meet the requirements of Nampa Meridian Irrigation District and the Ada County Highway District which were the requirements that I just read to you. We are kind of caught in a catch 22, we need to go to Ada Cour>iy Highway District with an application for a vacation of Gem. A requirement of the application is to get approval from the City of Meridian for the vacation. That is why we are here to try and do. I think the vacation of Gem Avenue or of the portion that we are asking to vacate is where the Eight Mile Lateral now runs. It would be no part of the actual street. It is all lateral. I don't know how ACRD ended up owning it but whoever sold it to them sold them 92 feet which is way more than what they needed but it included the lateral. And so they do own it. So in our opinion by vacating the portion that we are asking we would the the lateral, landscape along it. The other option is not tiling ~ and leaving it like it~ is which I don't really think compliments the entrance to the City of Meridian. So, ACRD has said what they wanted in the conditional use a year ago. Mr. Quinteri was here, he has a license agreement for parking in the right of way. In that license agreement it states that when the road is improved ACRD will give him a 30 days notice to vacate the lic~se. The license Meridian Planning & Zoning Commission May 14, 1996 Page 57 he has doesn't even abut to his property, it is in the middle of Gem Avenue. I wish we could help him out, I don't know what we could do to help that situation. That is where we are at and I would ask that you approve the vacation. If there are any questions? Shearer: Do you have some specific dimensions on which part is being vacated etc? Caven: Brian Iverson is the engineer on the project and he is here. He can give you some actual dimensions and so forth of the road right of way. Johnson: I think most of those are on page 48 of our minutes if you brought those with you. (Discussion Inaudible) Johnson: Mr. Iverson gave us some history on the right of way last time and we have that unless there is something different. Caven: Yes, it looks like the vacation would be for 36 feet. Johnson: The southerly 36 feet of Gem Street. Caven: Yes Johnson: There is 91 feet of right of way altogether. Caven: Yes, 92 feet. So like I say that 36 feet none of it is in any of the proposed improvements for the street, it is all lateral. I am sure that Nampa Meridian Irrigation wouldn't mind having that also tiled, no more maintenance for them. (Inaudible) . Crookston: You are going to the from E. 1st Street to Meridian Road? Caven: Yes, what we'd like to do is the it and then have an access about the center of our property onto Gem Street. I don't know if you can see from where you are. Here is E. 1st here is Meridian and Gem Street. We have an access coming in about the middle of the property, center between E. 1st and Meridian. Then we would the it and put up landscaping. Johnson: I think the cold hard facts are that parking has been provided there has been gratuitous and that Mr. Quinteri was aware of the fact of if this were developed he would Meridian Planning & Zoning Commission May 14, 1996 Page 58 lose that. I think that is part of the fact in order to complete your project the way you want certainly it would approve in my opinion the looks of that. I agree with ACRD that they need that for all of the development that we out there, 27 restaurants and a football field, not quite that bad. But it does tie in and I understand there is a bank site there as well. So I, you are more or less telling us that it is the chicken or the egg and in this case I guess we need to be either one of those two things at the City of Meridian. That would be my recommendation to these people. Oslund: Mr. Chairman, I would like to make a motion that we recommend to the Council that the vacation be approved and that the lateral be tiled. Shearer: Second Johnson: We have a motion and a second that the vacation as applied for be approved with the tiling of the lateral Eight Mile Lateral, all those in favor? Opposed? MOTION CARRIED: All Yea Johnson: I should have asked for discussion, did you have a question? Caven: I just wanted to ask if, I don't want to have to come back. If you would feel that access point at the center on Gem Street if that would also be acceptable, I don't know if that would become a question somewhere in the future then we have to come back through this process again. Do we need to address-that now or not. Shearer: We let ACRD decide those things most of the time. Johnson: When we are making a motion in your favor you don't want to interrupt us. Crookston: The motion was that to have the tiling and the landscaping? Shearer: Yes Johnson: I don't think landscaping was mentioned in the motion. Shearer: I move we adjourn. MacCoy: Second Johnson: We have a motion and a second to adjourn, all those in favor? Opposed? WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Cily Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Perks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chfef WAYNE G. CROOKSTON, JR., Attorney NUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHQ 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers Li<xnse (208) 888-4443 ROBERT D. CORRIE Mayor MEMORANDUM: To: Planning 8r. Zoning Commission, Mayor & Council From: Shan P&Z Administrator 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 Apri15, 1996 Re: Vacation of a Portion of Gem Street Right-of--way by Wild Shamrock Properties Applicant is requesting vacation of the south 36' of the existing 92' Gem Street right-of-way. 1. Plans for piping will need to be approved by Nampa-Meridian Irrigation District. Submit written evidence of approval and copy of executed license agreement to the City Clerk's office prior to commencing work. 2. Provide curb, gutter and 5-foot-wide sidewalk along Gem Avenue. 3. Provide approval letter for all work within ACHD right-of--way. 4. Detailed landscaping plan for Gem Street will need to be submitted and approved prior to construction of any buildings on adjacent property. What is the width of Nampa-Meridian Irrigation District easement that will remain, and what restrictions will be placed on landscaping in this area`? Approval of this vacation request would apparently be in the best interest of the City. C:\OFF[CE\WPWIMWPDOCS\GEMSrREE. VAC 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. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" CORDON, 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) 888-4433 • FAX (208) 887-4813 Public WorksBuilding Department (208) 887-2211 Motor Vehicle/Drivecs License (208) 888-4443 ROBERT D. CORRIE . Mayor To; Mayor, City Council, Planning & Zoning From; Bruce Freckleton, Assistant to City Engineer (~'~ Re; GEM STREET RIGHT-OF-WAY (Request for Vacation - by Wild Shanrock Partnership) rn~ rNnu ~•F~~SFRg WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY' ~ ~ r,OMMISSION JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUNO MALCOLM MACCOY Apri15, 1996 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The City of Meridian owns and maintains a water main in Gem Street, approximately 15 feet south of the existing centerline. The typical standard location of our water mains in relation to the lip of the new curb and gutter is 4 feet. We would like to maintain this standard if possible, But under no circumstance would we allow our water main to be under the new curb and gutter. C:\OPFICE\WPW rW\GENERAUGEMVACTH.P&Z HUB OF TREASURE>lrALLEY Y:~I:IAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty 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" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place toLive CITY OF MERIDIAN 33 EAST IDAHO . MERIDIAN, IDA~ 83642 Phone (208) 888-4433 • FAR~flB) 887-4813 Public Works/Building Deporumt (208) 887-2211 Motor Vehicle/Drive~s lioeas(2U8) 888-4443 ROBERT D. C011tIE Maya COUNCIL MEMBERS V~1LT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTAEE GLENN R. BENTLEY P & Z COMMISSION J1M JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMMERTS ON DEVELOPMENT PROJECTS WITH TAE CITY OFIVIERIDIAN To insure that your comments and recommendaions will be considered by the Meridian Planning 8z Zoning Commission, please submitjrour comments and recommendation to Meridian City Hail, Attn: Will Berg, City Clerk bf: April 2. 1996 TRANSMITTAL DATE: 3/18196 HEARING DATE: 4/2196 REQUEST: Vacation of a portion of Gem Street. right-of--way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Ges~ Street between Meridian Road and E. 1st Street JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCJ•IOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNT>rHIGHWAY DISTRICT ADA PLANN~ ASSOCIATION CENTRAL D1SfRICT HEALTH NAMPA MEFiDIAN IRRIGATION DISTRICT SETTLERS IliFtIGATION DISTRICT IDAHO POVHBt CO.(PRELIM & FINAL PLAT) U.S. WEST(P[tELIM 8 FINAL PLAT) INTERMOUN[AIN GAS(PRELIM ~ FINAL PLAT) BUREAU OFRECLAMATIO LIM 8~ FINAL PLAT) CITY FILES n ~% - OTHER: d' YOUR CONCISE I~fAARKS: MAR 1 9 1996 CITY OF MERIDIAN WILLIAM G. BERG, JR., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty 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 HUB OF TREASi1RE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO . MERIDIAN, IDAHO 83642 Phone (208) 888-4433 •FA.X (208) 887-4813 Public Works/Building De~tment (208) 887-?2I I Motor Vehicle/Drivea i[iexase (208) 888-4443 ROBERT D OORRIE COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P 8 Z COMMISSION JpIA JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY TRANSMITTAL TO AGENCIES FOR COMA~iENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~pril 2, 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Vacation of a portion of Gem Sb~eet right-of way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, PR MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P2 BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C!C GLENN BENTLEY, 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 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA 1llERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELlM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER ~ " ~ ~ "" 7 ~c-! YOUR CONCISE REMARKS: Tl,;s I.c) i LC., fUOf ~~%,r< c ~'! eat i.4a/ Tr ri{ ~ v u: 1 YY\, 1G r O r~t~ S. ~ - ~ ,- /2c~ ~s -(~ sari i.•:/ ON ~ ~i/ fh.~ p•'~~k (.ui GG.. f It sz ~ Sfu. ~ ~ "- - \ ;~~s 2 o i9ss J ~~ CIT`a" OF MERIDIAN" fr l ~c~n~ JAMES E. BRUCE, President SHERRY R. HUGER, Vice President SUSAN S. EASTLAKE, Secretary Mike Caven States Realty 6874 Fairview Avenue Boise ID 83704 RE: Vacation of a portion of Gem Street Deaz Mike: RECEIVED MaY ~ 5 jsss ~CiTY OF MERIDIAN May 12 , 1996 ACHD will review a request of a vacation of a portion of Gem Street when a request if filed with the District's Right-of--Way Division and will include notification of the public, interested agencies, other ACRD divisions. Please contact me at 345-7662, if you have additional questions. Sincerely, oordinator GEM.VAC cc: Will Berg, Meridian City Clerk Chron Project file ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E., Clty 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 HUB OF TREASURE VALLEY A Good Place to Live wAI.T w. MoRROw, President CITY OF MERIDIAN CHARLES M. ROUNT'REE ~~N p E NTLEY N R B 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public Works/Bnilding Depstrnent (208). ~ ~ ~ ~/ (? © TIM HEPPER Motor VehiclrJDrivea Lixase (208) 88 V L~ JIM SHEARER MAR 1 GREG OSLUND MALCOLM MACCOY ROBERT D. coRRIE 0 1996 Ma ~ NAMPA i;< MEa1D1AN 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 Planning R Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: April 2. 1996 TRANSMITTAL DATE: 3/18/96 HEARING DATE: 4/ 2/96 REQUEST: Vacation of a portion of Gem Street right-of--way BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P/Z TIM HEPPER, P/Z BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, 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(PRELlM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: Nampa & Meri ian Irrigation District has no comment on Gem Street right-o -way. However, Nampa & Meridian 8 Mile Lateral courses along Gem Street in this area. 8 Mile Lateral lamas a 60 foot rigt-of-wav. 30 feet each side of aPR0S199~ WILLIAM G. BERG, JR., Clty 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 & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. SILL" GORDON, Police Chie} WAYNE G. CROOKSTON, JR., Attorney `_. ,\ _ _: HUB OF TREASURE IPgLI.EY t, COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President T ~ N CITY OF RONALD R. TOLSMA EE ~ ON iL~l ~ 'LEV LENN R. BE 33 EAST IDAHO ME$IDjAN,1D~LH0836~42 P & Z COMMISSION Photre (208) 888-4433 • FAX ~) 887-4813 JIM JOHNSON, Chairman Public Worlcs/Buildiag De@stmat(~8) 887-2211 TIM HEPPER Motor Vebicle/DriversLiaeaaeQ08) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORR)CE MALCOLM MACCOY Maycc TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendat~ns will be considered by the Meridian Planning Sz Zoning Commission, please submit your comments and recommendation to Meridian City Hail, Attn: Will Berg, City Clerk by_ April 2. 1996 TRANSMITTAL DATE: 3/18/96 FEARING DATE: ~/ ~ REQUEST: Vacation of a portion of Gem Street right-of-wav Y7 % 9-G BY: Wild Shamrock Partnership LOCATION OF PROPERTY OR PROJECT: Gem Street between Meridian Road and E. 1st Street JIM JOHNSON, P/Z ~MALCOL.M MACCOY, P/Z JIM SHEARER, P2 GREG OSLUND, P2 -TIM HEPPER, P/Z -BOB CORRIE, MAYOR RONALD TOLSMA, C/C CHARLIE ROUNTREE, C/C WALT MORROW, C/C GLENN BENTLEY, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN P06T OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ECE~ V R E [~ CENTRAL DISTRICT HEALTH NAMPA AIERH)WN IRRIGATION DISTRICT APR 0 ~ 1996 SETTLERS IRRK~ATION DISTRICT IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) CITY OF MERIDIAN U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FlLES OTHER: YOUR CONCISE REMARKS: T.~.a-t.~ oar ~ ~c~.~~-,~rs ~ K~/ u~sT.a.~2~.~r; _ d i kJ.t~-~ /tom-.6~D /s ~tii2ryi' -= i6S41~ ~Lo bt3Js~~d~t! ~ 2 G'AiG/~-+tN~'~ 7'a ne F 1S ~.-®4~~ Q.r '~/.~/9~ 996 10:30 ,,~ JT . ,. S w~~ D~'>'rt^, s 1. ; ~ 2083220149 ROYAL FORK REST INC ~~~.' _ REcE~vEO R.E TY MAY 1 4 1996 ,i„"'}"YJ?~~~ CITY 7f" iVIERIDIA(~ ~. < t t Sf N~9'~v To : G;,~ ~ ~,~~. ,P ~.~. PAGE 02 6$74 Fairview Ave. Bolse,ldaho 83704 ~206~ 3u-seoo w~~ ~~ ~ ~~~ ~ ~ ~= 30 ~f ~ /~~~ ~~~ ~ ~ y ~. ~~~ ~~ ~ e.H,v ~~~,,,~, w ~ Gtr ~~~- MAY 14 '96 11 34 2083220149 PAGE.02 • ~ _ t. MERIDIAN BOWLING LAN~~; INC. 324 So. Meridian St. • Meridian, Idaho 83642 • Phone 888-2048 ' April 16,1985 Mr. Ray Putman Ada County Highway Distr. 318 East 37th St. Boise, Idaho 83714 Dear Mr. Putman: ate would like to receive permission to improve at our cost the South 24ft of the North 59ft of Gem St, adjacent to our Bowling banes to provide for additional off street diagonal parking for our patrons. we would proved pumper guards as a protection against pcssible encroachment beyond that distance. Please advise us what may be required to receive this permission. Sincerely: e~q~kq E.J. c~uintieri President ~~ ~\1~~~ MAR 2 71996 CITY OF MERIDIAN 1fiECF.IVED LICE"ISE AGREEMENT APR - 3 1996 (~'tY OI+ MERIDIAN THIS AGREEMENT, made and entered into this.~7/(~ day of~~,,j,~ ~ , 19 ~ _SJ,,,Z, by and between the AOiI COUNTY HIGHWAY DISTRICT, by and through its Commissioners, Charles L. Winder Glenn J. Rhodes, and Keith A. Loveless hereinafter collectively referred to as "LICENSOR", and E. J. Quintieri, President Meridian Bowling Lanes, Inc. whose address is 324 South Meridian Street, Meridian, Idaho 83642 (F488-2048) hereinafter referred to as "LICENSEE". WITNESSETH: For and in consideration of the terms and conditions hereinafter contained, and the covenants to be kept, it is hereby agreed es follows: 1. NATURE (1F LICENSE: Pursuant to *_he terms ;.n5 .:ondiLiuns of the agreement herein contained, Licensor hereby grants to Licensee, a license to encroach upon a portion of the public right-of-way located in Ada County, for the following specific uses (specify}: To use and naintain a portion of Gem Street for parking adjacent to Eight Mile Lateral. Licensee to install bumper guards for each parking space Licensee to provide and install 2-foot berm between parking area and the Eight Mile Lateral for safety precautions. Licensee to obtain necessary permits from Ada County Highway District and other public/government agencies prior to any construction in the public right of way. Licensee understands and agrees that should this area become necessarv as a part of the public right of way for traffic and pedestrian use, this agreement will be extinguished snd terminated and Licensee will have thirty (30) days in which to remove his encroacteents on notice of termination. Licensee responsible for ~ location of all utilities prior to construction Parking area shall be constructed in __. _. such a manner as to provide for existing drainage. 2. GRANT OF LICENSE: The property to be included in this License Agreement is a parcel of real property within the public right-of-way in Ada County, State of Idaho, more particularly described as follows: A strip of public right of ray, more commonly known as a portion of Gem Street, located in the Northwest ~ of the Northwest o of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: The South 24.00 feet of the North 59.00 feet of the~Westerly 320.00 feet of Gem Street lying parallel gad adjacent to the Eight Mile Lateral, said strip of land lying between Meridian Street and East 1st Street (State Highway No. 69), Meridian, Idaho. said parcel containing 7,68Q square feet, more or less. See Exhibit "A" for location, herewith attached and made a part of,this agreement. 3. TERM OF LICENSE: The term of this license shall run for a period of time commencing on the .~>> day of ~~,;.;~ 19Y~ ,and shall terminate upon the ADA COUNTY HIGHbIAY DISTRICT, or its successors, notifying the said Licensee, or its successors or assigns, in writing, that said License has been terminated by Licensor. Licensor agrees to give Licensee, or its successors, thirty (30) days written notice of said termination. LICENSE AGREEMENT - Page 2 4. OWNERSHIP: Licensee acknowledges that said property described•irt paragraph 2, "Grant of License." hereinable set out is public right-of-way, and Licensee waives any claim to oanersbio of said right-of-way whether in fee, or adverse possession, or any other right, title, or interest therein, other than set out pursuant to the terms of this License Agreement. 5. TAXES AND ASSESSYIENTS: Licensee herein agrees to pay all special assessments and personal property taxes that may be imposed against said property during the term of this License Agreement. 6. FIi(TURES AND INPROVElirNTS: Pursuant to the terms of this License Agreement, Licensee may erect improvements and place fixtures upon said right-of=way as :et out in paragraph 1, "Nature of License". It is agreed and understood by and between the parties hereto, that after the termination of this License Agreement, Licensee shall remove all improve®ents and/or fixtures placed in said right-of-way by Licensee herein at no cost or expense to Licensor. It is further agreed and understood by and beiaveen the parties hereto that should Licensee fail to remora any improvements or fixtures on said right-of- way at the termination of the lic~se herein, and the Licensor desires to have said improvements or fixtures removed, the Licensor may remove said improvements or fixtures and assess Licensee far the costs of removal of the same. Licensee herein agrees at the termination of said License Agreement, to return said premises as nearly as practicable to the condition that said premises were at the time Licensee exearted said License Agreement. It is further agreed and understood by and between the parties hereto that should Licensee not remove said improvements or fixtures located in the public right-of-way at the termination of this Agreement, Licensee disclaims any interest or title to said improvements or fixtures left on said property after the expiration of the term of said License Agreement, and all improvements or fixtures left on said property after the termination of said License Agreement shall pass to the Licensor at no cost to Licensor. 7. ASSIGNMENT: It is ex¢ressiy agreed and understood by and. between the parties hereto, that Licensee shall nat have the right to assign, transfer, hypothecate or sell its rights under this Agreement except on the prior express written consent of Licensor. 8. HOLD HARMLESS A91D IWOEMNIFICATION: Licensee will, at all times, indemnify and hold harmless Licenser, its agents, successors and assigns, against all actions, claims, demands, 1labititles, damages, debts, bodily injury and property damage, including all expenses, casts, and attorney's fees which may in any manner be imposed on or incurred by Licensor as a consequence of, or arising out of, the acts, direct or indirect, defaults or omissions, on the part of Licensee, or any of its officers, agents or servants, arising out of or in connection with the above described property or any fixtures or improvements placed upon said property by Licensee hereunder, which is the subject of this License Agreement. 9. ATTORNEY'S FEES: It i:s agreed, by and between the parties hereto, that in the event suit 15 instituted for the purpose of enforctnq any and all of the provisions of this Agreement, the defaulting party shall pay attorney's fees therein as are adjudged reasonable by the Court. LICEiISE AGREEMEiiT - Page 3 10. HEIRS AND ASSIG?~S: Covenants and conditions of this License Agreement shall extend to and bind the heirs, executors, assigns and successors of the respective parties hereto. IN WITNESS WHEREOF, the .parties hereto have executed this License Agreement on the day and year first above written. ATTEST: ,.~ _~~` ~ ~~/40k^ / B~l~ G~ ~ , va~~V D i c o ~ Q A Co •Hig 2 y District .~s~ ~ r r' ?fCT ADA COUt1TY HIGHWAY DISTRICT By' ~~.1d~ l Cha Qs L. Wind r, a ent By: - G enn J. Rho es, ids Pres~d h A. Loveless, Secretary Approved by the Commissioners of the Ada County Highway District in the minutes of the public meeting of said Commissioners held on the day of 1g , STATE OF IDAHO ) ss. County of Ada ) MERIDIAN BOWLING LANES, INC. ' -- By : . 2.F+-i E.-J. Quintieri LICENSEE President LICENSEE On this ~?~ day of 19 ~ S , before me, a Notary Public in and for said State, personal y geared Cha les L. Winder Glenn J. Rhodes nd Keith A. Loveless , known t:o me to be the omm ss oners of the da County Highway D strict, and t at they as such Commissionera, being authorized to do so, executed the foregoing lnstrument for the purposes therein set forth, by signing the aa~epq~ the Ada County Highway District by them as such Commissioners. ' ~ i~ITYESS WHEREOF, I have hereunto t my hand and Official seal. ,. ~.. PUB~'~ ;' of Pub c for State of Ida o ' ~•Q~~'; Re ing at Boise, Idaho ' s~4 tE Of ~ , ~.~ Comm. Expires 5~ -s "-.~ ~ STATE OF IDAHO ) ss. County of Ada ) On this .,?y~day of ~~ 19.5, before me, a Notary Public in and for said State, personally appeared E. uinti ri President Meridian Bowling Lanes, Inc. known to me to~be the person whose name is/>9>f~(subscr~bed to the within instrument, and acknowledged to me that he executed the same. " N WITNESS WHEREOF, I have hereunto set my hand and affixed m official seal dn.P~. ~,~ounty, the day and year i n . thi s LLC se Agreement first above written . a ; • ~` C~ NUd~ ' .. ; Notary b i c for State of I aho ,~ • •'~e`,' ~ Residing at Boise, Idaho SlAIE ~`` ~ Comm. Expires 9-5-85 ,_ , ~~ r ,_..._ ..._..._.. i --- -, i c, / / ~~. c:- _ ~~~~~ AUG 161986 CITY OF MERIDIAN SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary August 13, 1996 Re: Vacation - A portion of Gem Avenue, situated in givernment Lot No. 1 of Section 18, T.3N., R.1 E., Boise Meridian, Ada County, Idaho. Gentlemen: The Ada County Highway District has received petitions from the adjacent property owners to consider the vacation and abandonment of public right-of--way more commonly known as a portion of Gem Ave as shown in the attached legal description. Enclosed is a legal description, and a drawing of the area of above requested right-of--way vacation which the Ada County Highway District has been petitioned to consider. It is requested that you review and advise this office not later than 08/29/96 of your present use and future plans for this area, including, but not limited to present/future bike/pedestrian pathways, city parks, future access to and from properties and public right-of--way, etc.. Comments will be used to assist the Board of Commissioners of the Ada County Highway District in the disposition of this request for right-of--way vacation and abandonment. After review and consideration, should the Board of Commissioners of the Ada County Highway District elect _o accept the petition and application for vacation of a portion of Gem Avenue, a public hearing will be tentatively scheduled for Wednesday, 10/09/96 at 7:00 p.m., in the office of the Ada County Highway District, Boise, Idaho. Addressees having a interest in this right-of--way vacation will be advised of disposition of proceedings upon receipt of written request. Sincerely, ~~ ~~ Richar C. Brown Chief of Right-of--Way Enc: 2 RB/cg C `,OFFICE\WPWIN~CATHE\VACATIOMACTIVE\GEMAVE.UTL ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 DISTRIBUTION LIST: ~R/W IOivision Files, ACRD Engineering Services Manager, ACHD Joe Rosenlund, Traffic Engineering Supervisor, ACRD Errol Morgan, Maintenance/Operations Manager, ACHD Larry Sale, Development Services Supervisor, ACHD Steve Spickelmier, Plans & Survey Supervisor, ACRD Dorrell Hansen, Civil Engineer, ACRD David E. Wynkoop, Attorney, ACHD Meridian City Clerk Attn:William G. Berg, Jr. 33 East Idaho Street, Meridian, Idaho 83642 Meridian City Trash Department 33 East Idaho Street, Meridian Idaho 83642 Meridian City, Public Works Department 33 East Idaho Street, Meridian Idaho 83642 Nampa-Meridian Irrigations District 1503 1st Street South, Nampa, Idaho 83651 Meridian Fire District, Attn: Fire Marshall 33 East Idaho, Meridian, Idaho 83642 Meridian School District 911 North Meridian, Meridian, Idaho 83642 Meridian City Water, Department 11 Bower Street, Meridian, Idaho 83642 Meridian City Sewer, Attn: John Shawcroft 3401 N. Ten Mile Road, Meridian, Idaho 83642 U. S. West Communications, Attn: Deanna Cambon P.O. Box 7888, Boise, Idaho 83723 Ada Planning As~uciation, Attn: Ross Dodge 413 West Idaho Street, Boise, Idaho 83702 Intermountain Gas Company, Attn: Jim Renner 555 South Cole Road, Boise, Idaho 83707 Idaho Power Company, Attn: Robert Taylor P.O. Box 70, Boise, Idaho 83707 Boise City Parks Department, Attn: Dave Selvage, Park Planner 1104 Royal Blvd., Boise, Idaho 83706 Boise Project Board of Control, Attn: Watermaster 14 Broadway Avenue, Boise, Idaho 83702 C':'OFFICEIWPWIN\CATHE\VACATION\ACTIVEIGEMAVE.UTL VACATION DESCRIPTION A PORTION OF GEM AVENUE CITY OF MERIDIAN, IDAHO February 22,1995 A tract of land situated in Government Lot No. 1 of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being the south 36 feet of that right-of--way described in RIGHT OF WAY DEED recorded as Instrument Number 286764 at Book 334 records of Ada County, Idaho; and more particularly described as follows: Commencing at the southwest corner of said Government Lot 1, Section 18, T. 3 N., R. 1 E.; thence N 89° 19' S0" E along the south line of said Government Lot 1 a distance of 25.01 feet to a point on the east right-of--way of Meridian Road and the south right-of-way of Gem Avenue; thence continuing N 89° 19' S0" E along said south line of Government Lot 1 and the south right- of-way of Gem Avenue a distance of 5.00 feet to a point, the REAL POINT OF BEGINNING: Thence continuing N 89° 19' S0" E along said south line of Government Lot 1 and the south right-of--way of Gem Avenue a distance of 419.50 feet to the west right-of--way of East 1st Street; Thence N O1 ° 16' OS" E along the west right-of--way of East 1st Street a distance of 15.33 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 91 ° 56' 15" and a long chord that bears N 44° 42' 03" W a distance of 28.76 feet to a point; Thence S 89 ° 19' S0" W along a line parallel with and 36.00 feet northerly of the south right-of--way line of Gem Avenue a distance of 379.60 feet to a point of curve; Thence along the arc of a curve to the left having a radius of 20.00 feet, a central angle of 88 ° 30' 45" and a long chord that bears S 46 ° 57' 20" W a distance of 29.47 feet to a point; Thence S 00 ° 49' S0" W a distance of 16.52 feet the POINT OF BEGINNING. Parcel contains 0.3427 acres, more or less. Basis of bearing for this description is the section line common to said Sections 13 and 18 bearing N 00° 49' OS" E from the N 1/16 corner to the N section corner. LATERAL 512131f02B3 1 ~1~' ~~ I 1p~ S ~g ,~a'~ S1213110f10 511182 S1U8223560 st213uooeo GEM AVENUE :;~:: 51213112300 SEF DETA~. 12 3142210 51118233666 512131422 ~,P SI118223120 OAS ti~ 83726070300 512131,2200 ~_a~ P` H ~n 1 LANEWER ~l _ ~ ~ ~ a ~,as O ~ ~ N1 83726070100 GRAPHIC SCALE W , loo o so lao zoo ,oo ~~~ n~ raer) Z -' - ,a Appicatlon for Vncntion A ~ ~ '~~ t~ "' for the 41 ~~ ~ 04 ,kc South 36-feet of Gerl Avenue ~ ~ y~ ~~,~~` Meridinn Road to E. 1st Street yICINITY MAP - ~~ ~,1~ P~ N ~ ~ ~` ~ Z~t~~ ~ ~ , a UOTE~ RETA I ~ 5 ~~" ~z ' r U ~ I " I ('1 E ~ ~ ~ (" DEMI NG of . ~ ~,,,~ ~ERIDI/W ROA , W DETAIL ~ inch ~ 100 ft "'" caapl~ t,~~a~NT) ....~ ,. r.,wuonrr pARTN RE SHIP) FIRST MERIDIAN PLAZA Q W