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Gemtone Center No. 2 FPWILLIAM 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 COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 12 , 1996 TRANSMITTAL DATE: 3/4/96 HEARING DATE: 3/19 /96 REQUEST: Final Plat for Gemtone Center No. 2 BY: Gemtone Inc. LOCATION OF PROPERTY OR PROJECT: South of Fairview Ave., West of Eagle Road JIM JOHNSON, P/Z MALCOLM MACCOY, P/2 JIM SHEARER, P/Z GREG OSLUND, P2 TIM HEPPER, P/Z ROBERT 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(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: R~1EST FOR SUBDIVISION APP~VAL . ~~ PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are received before 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, _ ~,~ ~ strs,.~vo. 2 . 2. General Location, NE 1/4. Section 8. T.3N.. R.1E.. B.M. 3. Owners of record, Gemtone. Inc. Address, P.O. Box 2727. Boise. Idaho ,Zip 83701 Telephone 343-4000 4. Applicant, Gemtone. Inc. Address, P.O. Box 2727. Boise. Idaho 83701 5. Engineer, Dean Briggs Firm Brigas En ineering. Inc. Address _.1111 S. Orchard. Ste 600. Boise. ID Zip 83705 Telephone_345-2881 6. Name and address to receive City billings: Name Gemtone. Inc. Address P.O. Box 2727. Boise. Idaho 83701 Telephone_ _ 343-4000 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres ~ ~. 20 rtoxE ox r~ss 2. Number of lots ~_ 3. Lots per acre ~ _~~ 4 940511 4. Density per acre N/~ u 5. Zoning Classification(s) I-L plus PDG approval 6. If the proposed subdivision is outside the Meridiian City Limits but within the jurisdictional mile, what is the existing zoning classification N/A 7. Does the plat border a potential green belt No- 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the Cifiy No Explain 10. Are there proposed dedications of common areas? _ No Explain For future parks? No Explain 11. What school(s) service the area N/A , do you propose any agreements for future school sites No ,Explain 12. Other proposed amenities to the City Water Supply Yes Fire Department ,Other , E:Kplain Access to existing well at Edenbrook 1. 13. Type of Building (Residential, Commercial, Industrial or combination) Commercial 14. Type of Dwelling(s) Single Family,Duplexes, Multiple:xes, other 15. Proposed Development features: a. Minimum square footage of lot(s), APPROx. .55 ACR~S~ b. Minimum square footage of structure(s), Unknown at present time c. Are garages provided for, N/A square footage N/A d. Are other coverings provided for N/A e. Landscaping has been provided for Yes _., Describe Landsca~g & IRRIGATION issues will be addressed at design review level f. Trees will be provided for Yes ,trees will be: maintained~y each lot owner 940511 g. Sprinkl ystems are provided for by eac owner (if re uired) h. Are there multiple units N/A ,Type Remarks Are there special set back requirements No Explain - = ~ - j. Has off street parking been provided for Explain Each lot owner will provide required parking. k. Value range of property N/A Type of financing for development N/A m. Protective covenants were submitted N/A ,Date 16. Does the proposal land lock other property No Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2. Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 940511 ~ ~ ~~dGINEERI~yG BRIGGS) March 1, 1996 ~"c. Ms. Shari Stiles, Director Meridian City Planning & Zoning 33 E. Idaho Street Meridian, Idaho 83642 Re: Final Plat -Gemtone Center No. II Statements of Compliance Dear Shari: The final plat application for Gemtone Center No. II complies with the requirements, conditions, and provisions of the approved preliminary plat and ordinances -- as discussed and approved by the City council. The Plat conforms with Title 50 of the Idaho Code and with the Subdivision Ordinances of the City of Meridian. With respect to the required Statements of Compliance, we offer the following: 1. The streets, curbs, gutters and sidewalks will be constructed to meet the standards of the Ada County Highway District and Meridian Ordinances. 2. The proposed use conforms to the policies and goals of the Meridian Comprehensive Plan. 3. The development will connect to City services as noted on the preliminary plat. 4. The development will comply with City ordinances. 5. The preliminary plat shows appropriate sewer, water and fiber optic cable easements. Additional easement requirement may be discussed at the public hearing. 6. Street names do not appear to conflict with the City grid system. In fact, three of the street names appear to align with streets within the City grid. Streets that align with the existing grid have been appropriately named and/or continued. If you have any questions about this proposal, or if you need any additional information, please call me at 344-9700. Since BRIGGS ENGINE ING, Inc. ~' ~~ V P 940511 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 LETTER~OF BRIGGS ENGINEERING, Inc. 1111 So. Orchard St., Suite 600 Boise, Idaho 83705 PHONE: (208) 345-2881 FAX N0: (208) 345-2950 TO ~ . ~WE ARE SENDING YOU ^ WE ARE RETURNING U TRAf~SMITTAL DATE ~ ID N0. Q ~~ L l JOB NAME CtJ`~O-y~0 . C~ ~ JOB ADDRESS CITY, STATE ^ SHOP ORAWI'NGS ^ ENCLOSED ^ CHANGE ORDER ^ COPY OF LETTER ^ UNDER SEPARATE COVER VIA ^ PLANS ^ OR/G/NALS ^ FEDERAL EXPRESS ^ F/NAL PLA T ^ SPEC/F/CA TONS ~ COURIER ^ COMPUTER D/SK ^ OTHER ^ ~COPIES~ DATED ~ ID N0. ~ DESCRIPTION ~) ~ ~ U~ I I I / // ~ _~ / ~ L.GCiCX~ /J ' I ~ ~ LO' rL i" ~ Vim-P-4 THESE ARE TRANSMITTE D AS CH CKED BEL OW ~. FOR APPROVAL ^ APPRO{~FD AS S!/BA!ITTED ^ RESUBMIT CQ%ES FA'P APPPO~AL ^ FOYP YOUR INFORMAIIO+V ^ APRROVED AS NOTED ^ SUBMIT COP/ES FA? DISIR/BUAaV ^ AS REQUESIFD ^ RETURNED FOR CORRECAANS ^ RETURN G1A?REC1ID PR/NTS ^ FOR REMEW AND CGIIlMENT ^ PR/CE ^ FOR BIOS DUE ^ REMARKS COPY TO I ~-~-,~J SIGNED • CITY OF MERIDIAN SUBDIVISION NAME: ~I e FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED ENGINEER: The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION COMMENTS 1. Thirty (30) copies of written application for approval as stipulated by the Council 2. Proof of current ownership of the real property included in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof 4. A statement of conformance with all require- ments and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1 " = 300') . Include subdivision and street names, lot and block numbers n~.~.1 ~. GK Q~L ®~ O t~ ©~~ ~ ~L ~~ i . • FINAL SUBDIVISION PLAT CHECKLIST Page 2 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name O ~~ b. Year of platting _ O~- c. Sectional location of plat -County O l~, d. North arrow p l~ e. Scale of plat (not smaller than 1 " =100') c'~l ~ f. Streets and alleys with widths and bearings O 1< g. Street names ~ l~ h. Consecutive numbering of all lots in each block, and each block lettered or numbered 01~ i. Each and all lengths of the boundaries of each lot including curve table d ~ j . Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table © ~ k. Descriptions of survey monuments ~ K 1. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system 6 K m. Easements ~ K n. Basis of bearings d ~~, o. Pertinent notes for easements , restrictions, designations, etc. O~~ p. Land Surveyor -signed seal ~1`, q. Land Surveyor business name -City location Q~~ r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names C~ 10. Fee Paid - _~ Lots @ $10.00/Lot C~l~ 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council a FINAL SUBDIVISION PLAT CHECKLIST • Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning &. Zoning Commission for approval. REVIEW BY: Shari Stiles, Planning & Zoning Administrator Gary D. Smith, P.E., Engineer ACCEPTANCE DATE: P s • • CITY OF MERIDIAN FINAL SUBDIVISION PLAT CHECKLIST INCOMPLETE SUBMITTALS WILL NOT BE PROCESSED SUBDIVISION NAME: G2w~~ ~ E C-Q ~1"'E' 2 ENGINEER: ~ h ~L .1~~ The final plat shall include and be in compliance with all items required under Title 50, Chapter 13 of the Idaho Code. The final plat submittal shall include at least the following: ITEM DESCRIPTION Thirty (30) copies of written application for approval as stipulated by the Council 2. Proof of current ownership of the real property in the proposed final plat and consent of recorded owners of the plat (warranty deed, signature sheet of final plat) 3. A statement of conformance with the approved preliminary plat and meeting all requirements or conditions thereof 4. A statement of conformance with all requirements and provisions of this Ordinance 5. A statement of conformance with acceptable engineering, architectural and surveying practices and local standards 6. Street name approval letter from Ada County 7. Three (3) copies of the final engineering construction drawings for streets, water, sewers, sidewalks, irrigation and other public improvements 8. Thirty (30) prints of the final plat at a scale of one inch equals three hundred feet (1" = 300'). Include subdivision and street names, lot and block numbers onlX COMMENTS • •' FINAL SUBDIVISION PLAT CHECKLIST 9. Thirty (30) folded copies of the final plat containing the following requirements and three (3) copies of the signature page of the final plat. Plat shall include: a. Approved Plat Name b. Year of platting c. Sectional location of plat -County d. North arrow e. Scale of plat (not smaller than 1" = 100') f. Streets and alleys with widths and bearings g. Street names h. Consecutive numbering of all lots in each block, and each block lettered or numbered i. Each and all lengths of the boundaries of each lot including curve table j. Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve table k. Descriptions of survey monuments I. Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor; and also, if required by the City or county governing bodies, give coordinates based on the Idaho coordinate system m. Easements n. Basis of bearings o. Pertinent notes for easements, restrictions, designations, etc. p. Land Surveyor -signed seal q. Land Surveyor business name -City location r. Legend of symbols s. Minimum residential house size t. Adjacent platted subdivision names 10. Fee Paid - ~ Lots @ $10.00/Lot 11. Other Information as Requested by Administrator, City Engineer, Planning & Zoning Commission, or City Council Page 2 ~- f- -~~ ~~/ ~~ t • FINAL SUBDIVISION PLAT CHECKLIST Page 3 12. Substantial differences between the approved preliminary plat and the final plat, variances not yet applied for, non-conformance with comments of staff and/or agencies, etc., will be cause for rejection and/or possible resubmittal to Planning & Zoning Commission for approval. REVIEW BY: Shari Stiles. Planning & Zoning Administrator Garv D. Smith. P.E .City Engineer CJ ACCEPTANCE DATE: COPIES TO: Bill • • Dean Scan Kathy SUBDIVISION EVALUATION SHEET ..tiy Kurt posed Development Name TREASURE VALLEY BUS. CENTER NO. 2 City MERIDIAN I uate Reviewed OgU02/95 Preliminary Stage XXXXX Final Engineer/Developer Briggs Engr / Gemtone Inc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall aooear on the plat as: "N. EAGLE ROAD" "E. PINE STREET" 3R1GGS ENGINEERING, INC. "N HICKORY AVENUE" _ "E STATE AVENUE" ~ ~ 3 BOISE, IDAHO "E WASHINGTON STREET" "N OLIVE AVENUE" "EDENBROOK" is reserved for another subdivision and cannot be used unless it is in alignment Please choose another name and have it aaoroved by the street name committee The above street name comments have. been representatives of the ADA COUNTY STREET must be secured by the, representative or his officially approved. ADA COUNTY STREET NAME Ada County Engineer John Priester Ada Planning Assoc. Terri Meridian Fire Dept. Representative read and approved by the following agency NAME COMMITTEE. ALL of the signatures designee in order for the street names to be TIVES OR DESIGNEES Date Z Z ~~ ' ~Dat ~ ,~ .~ /r , ate ~- - NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", othervvise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS ~L cl%~~~ Z Z/~5 ~T/ILIuZ ~T ~`(~OfIL ~/~}yr~c~,,` i~Sol.~ nG,~ r s a.~: ~lOv~? ~f' --- E7~IBIT A TO 2-3221-18•-1 Page 1 of 2 Pages 12390 J0~ 6'7 EXHIBIT A =ARCS . v :. parcel cf :3ad :.ca:ed :a :fie Sc :;:+ of .ec:.an ~. -.:Y., R.1_ 3.H.. ••°r'-=:az. ,;.:a Ca~n::r, .~a^o, and -ore :ar:ic_larly cescr::-ed as : of loos: °gi^.^.ing a: a _rass cad ,-arici^g .-e Scus::ves: c_. aer _. said 5. i/4 of __ ~/'~@^_e NCr:a i.,^,'~i _ .aS: :_52. _ : ee: ai0^~ _ e nes:e.- _,^,UnCary Ot' sdld -- ~.- c. :ec::en 3 :c ai :.cn ^in .a .-e Nar:~eriy ..gi;:- '-may lane of :::e _.^.lC^ -a_...~ ~3L1':Sd. aisC s3:_ __.... .:eing :~e =~i+!^''^.:tii`~ __~il~:r __ •3 - =' - -• _ cas: _50.CC : ee; a: -g szid i;esterly .'e.^.~? S:U::: .... __ _. _as. ___.__ .??: :~ do .-?:1 '.... :~0.-. _:3^. idd l:.^.C::1: ._?.'_. 3.-. _• _.-° _a ., :.:lark/ :: ca-:. ..v.. ~.:?.. 3.'i.. '3 _ ... - . .. 's _e_ as : al loos: 9eg:..a1. a: a --ass -a:, -a-<:-g -e _:;~;~ves: . -er saki SE i/4 -- .~~:: _° Va. _.. C~'_: :2' .as: .:2,-:.ee: ai~~g .-e ~es:er~• __„-vary of said •_e^ce - .. - .-_ _e "3 "° -~~ : ^.`? CF 3EGINNINC: .. .. _~n:inuing :or ::: C:.'.: _ gas: ?36.5 : e0: aic-g said ~es:erly .__..'a' _. :.'.e ~__ _ :aC• ? a --aSS Ca. .-3riC:"e•::C-• ~a .-e-;e Sc...;: 8?'=;.' :?' =3s: L90.°_° :ee: aien .-e `or.-er~v - __ - `• _e:__cn w _v --, 8 _avncarv cf said 31 .. _. ..... -ar.-e Cn. .4 .nv• C - ---... _.. ~_.:e: _... ._ .. :z dir. ceing ..:2.^.~°_ $.'....':25:°r:, 31 C.^.~ a .._..-.~^.~~::. .:.:rre .: .-e .?:.554.:3 fee __ :? ::a~:^.~ 3• C?.^..~3. 2~21a _. _ __ _- _ ~dd1t:5•~. _.._ aa- L. sa1C a range^.. ..'.°^.~° ti^,^;~ ~~~L~•_? .:._+s: ,. _. was. t .=0 .. .. _.= _...: ~. • ' ~~II32T a l o 2-3221-10-1 ;?aqe 2 of 2 ?acmes .~~~-L ~: ~ 12390~~D9S8 `!eri.ia^?-ACa .._-..z :~a-_~ a-_ --re h .~ Se_:::..-_. T.3\.. =.1=.. _.!!. 3egi,..i -a- ~~ ~_ gar:'-.ia-';i ees_..ce_ as : c! is.s: :e- _ -ass -a- -a-i:-g .-e sc....:es: __. -er .. .a:_ ''_ - -.:ca .. sa._ _-ass --- --:r.g :n_ ..cA_ ?_..:- _' ?-: • :N,. 11~ .. \ailey ... =e.:._.. = a- --- - - -arking. .r.e 5..:..:es: .=-'er c _-: sa.: 3::si^ess Canter ?'ase .. a s;:bc:::s:on, as :ec .,r _ec_ "eas_-e =_`~ce c.` :..^.e-ada :.c.... =ec_. eer. _...se. :daac. ... .._ci =- -• ?.a:-. a: -agues :r0::4^ :2; sa _ as= 2.53.30 :'ee: along .ne _----er y --_.. _ id Treasure ~aiiey -a:.^.ess Center - ? - -ary -c base :. :o an ~- - ::e yes;erly .:ght-cF-way line c; ~;cr:a Eagle Road, also szi: point .eing TJ~CJ-:eet yes;erl: cf the Eas;er:y boundary ci saic `_ t/4 cF Sec;ion 3: thence leaving said Sou;aeriy boun~ary c: Treasure Yailey ~_siness Center - ?hase I Souta Ct'C9'G5' ;:es- .09,77 °eet aicng saic Wes; ly - ci North Eagle toad :o a ., _.. .; er i~a;-d, -way l.ne ec ~ in cn e Sou;heri;r S :ion 8: ~oundar;r ,,. said NE t/4 e: thence !saving sai_ !:ester! ' °9'54'19" ;:es: `ei.5 •aot a = ..2n.-.:-VdV ..ne c: Ncr... =_:1e RaaC Nor:.. Section 9 :o tae ;'• long said s:_:neri}' =ou^==-. =. tae tiE ./4 ,,. pci .. .. :eg:nning °.4RCEL - A parcel ci !and locate: in •ae tia t/:, c. Sec:icn e - ;N „ R tE Meridian, Ada Coup:;, Idaho, and more o ~~ '""~ ar:icularly descried as tollows: . y, 3egirnir.g a; a .sass cap ,-arking .'^.e Nor.-wes: _c.r.e- _. said ti:7 1/4 c: c:ion 9: "' :hence South Oct :08'45" Wiest t94.9g fee: aler.g ,ha i;:s_mr: -oundary c: sai NSI 1/4 of Section o an aluminum can: - thence South 89•;5.07" East 25.CO feet a d. ;aehence North 59;tO'32" Eas: 53.04 :eec :o zny r-n.c,,, c- .. c;, `.. _as:erly ri3: dF-way lire ci Ncr - ~e =nterse ^- =.-way !ine _. ;;,5• „ :h Eagle Read a~_ .-e =-_;herly rig^:- ighway 3O, aiso said .n: -ei 3_CINNING: ~' - ,g •••_ =EAL =7I\i ~= thence aleng :he :ollo~ing caurses and _is;aaces ai-ng :e .+ .:gh:-oi-vay line c. (:.5. =ighway ... sai- -_,..aeriy. North 53't0'32" East t51.?3 :eet :hence South 8 :~ 3s al::...:nu.^ ca=; 9'35'OO" Eas; 4t0.C0 iee: ;o'an ~I'- - t:tence Nora CO'25'OO" Eas; t0.C0 teet ;o za alu^t,^~.~ c±o^. thence South 89'35'00" Eas; 2044,29 feet ;o an alur..in;:,- cap tae Eas•erly boundary of said Iv".T 1 /4 of Section 9; -" *.hence leaving said Southerly right-of-vay line ci' Li.S i¢hwav ;~ Scu:a 00'48'14" ;test 2500.75 feet aiong said Easterly boc:r._ary -, said N;: •; ;; Section S :o a .sass cap marking tae Southeast c:rner said.`:: •!„ c; cad-:" :hen a learin said =a ;e 89' 20' t 7- g - s r 1;. ooundary c: tae ~~ ~ ; _ _. Sec.. .._.: . .test 2505.63 feet aicng :-e Sou;aeri;r cau:;: - _ ._ cn _ Sec::cn 9 :o an i. cn ::~ cr. said =as;er~y bos:adar of ~:-:;; _-_ ~ .. _. :n 3e:ng Tv.~..^.-. ee: caste.-l V _. .'e ._... ;V°S; d- -e- .a .dad. Sa:_ .. _.. section ? ; _... -. sat _ .,.. ... _. thence ieavin said Se_t5eri• - -~ • O1'C8'45" _ g `'=uneary .,: a ~:. ..- -• Sec:.=- ? ... ::~-•- =as: 3493,35 feet along said Easterly ouncar;• tae ooin: _. _ _. _.... Ea3ie ~da. ._ e41n:1:^.~ • • .~ •~RIGINAL 0 ~fJ _ ~ . 2-3221-18-1 ~) Page 1 • ~/ / /~ SPECIAL WARRAN='Y n~ 12390~O~S5 This Deed, made this /~~ day of C';_c„~,i~ , 1990, between UPLAND INDUSTRIES CORPORATION; a Nebras',ca corporation, of 3030 LBJ Freeway, Suite 1500, Dallas, County of Dallas, Texas 75234, Grantor, and GEMTONE, INC., an Idaho corporation, of P. O. Box 2727, Boise, :Ldahc 83701, Grantee: WITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars (510.00) and other good and valuable consideration, to Grantor paid by Grantee, the receipt whereof is hereby confessed and ac};nowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell and convey unto GrantE:e, its successors and assigns, forever, all of the real pz•operty (nPropertyn) situate in the City of Meridian, County of Ada, State of Idaho, more particularly described in Exhibit A attached hereto and hereby made a part hereof. EXCEPTING from this grant and RESERVING unto Grantor, its successors and assigns, forever, all minerals and all mineral rights of every kind and character now known to exist or hereafter discovered, including, without limiting the generality. of the foregcinc, oil and gas and rights thereto, together with the sole, exc:Lusive and perpetual right to explore for, remove and dispose of, said minerals by any means or methods sui`:a'~le to Grant:or, its successors and assigns, but without entez•ing upon os- using the surface of the Lands hereby conveyed, and in sucks manner as not to damage the surface of said lands or to interfere with the use thereof by Grantee, its successors or assigns. This deed is made SUBJECT TO the following: (a) All taxes and all assessments, or, if payable in installment:a, all installments of assessments, levied upon or assessed against the premises described in Exhibit A which became or may become due and payable in the year 1990 shall be prorated as of the date of delivery of this deed by Grantor to Grani=ee, said date being the 3lstday of August _, 1990; and Grantee • assumes and agrees to pay, or to reimburse Grantor for, if paid by it, all such taxes and assessments and installments of assessments applicable to the 2-3221-18-1 Page 2 period subsequent to the date of delivery of this deed and assumes all taxes an3 all assessments and all installments of assessments which may become due and payable after said year; and (b) Any and all restrictions and limitations imposed by public authority, and any easements, restrictions, exceptions, reservations, conditions, and/or outstanding rights of record. TO HAVE AND TO HOLD, subject to the aforesaid exception and reservation and other provisions, the said premises with ail the rights and appurtenances thereunto belonging unto Grantee, its successors and assigns, forever; and Grantor hereby covenants with Grantee that it will warrant and defend the title to the said premises unto Grantee, its successors and. assigns, forever, except as hereinbefore mentioned, against the lawful claias of al;. persons claiming by, from or under it, but against none other. IN WITNESS WHEREOF, Grantor has caused these presents to be signed by its ~j,~,.y //,~~ president and attested by its Assistant Secretary, and 'ts corporate seal to be hereunto affixed this ~(`'= day of .,~„~ ~•- 1990. witness: UPLkND INDUSTRIES CORPORATION S'1. t,~LU. President attest:. ;„._ ~ 1, = • ~ -~ •~ rp•~ ;;,..~, (Seal ) A~s~is giant Secretary _ , ~. ~~~. 4,r~•~:• FOR ~€Yr~t;jT~~ .'. :' ~ •~ '" • ~ '90 fiUG s" firs i1 2 JOH~r yn BY_ ~ l 1~,. r -R %S~ 2-3221-18-1 Page 3 •.r. .s ~.2390'^O~S6 STAZ•E OF TE~r1S ) COUNTY OF DALLAS ) BEFORE ME, the undersigned authority, on th~s,day personally appeared ~{(.~. ~! {~,,.cS~ , ~. (~c~c. ,~,k,;~ of UP~~ND INDUSTRIES CORPORATION, known to me to be the person whose nar:e is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for th.e purposes and consideration therein expressed, in the capacity therein stated, as the act and deed of said corporation. GIVEN .UNDER MY H.~2vD a::D SEAL OF OFFICE this I~-ih day of ~_~_~.f . 1990. J •'~ ~ FAQ<ip! 12 J Nr~J'r~At~! ~ ~~,`~~~% t ~t Ce~r.+ ~ . 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N I I _ I N~UAU!~Nm-~~ (U.or~ O,i4NNNmN~i~~q ,,~ I I mffffmf~mfmmff p I I I I I I I I I I OO ~ n~ v ~ I a ~° I I o ~ i I I I I I I I 43' I I ~$ I I I gc~ ~ I "t ~ = b~ m iO C _ I R~~ + q °1 m Itl m o ~ ~~ 0 5 ~ ESc~ y ~ ~ : G I ` ~a ss a m ~ ~ o sI S 01aSY6' M € p o~ \ 4 N N ~ NORIIi EAGLE ROAD ~-y~~-~~ O• 0 0 I ~ I I i; ~ ~ ~~~~~ S ~ ~ ~ ~ ~ 8 S a O b m O N 4 ..K ~E~' °~ ~~ soot ",e'gw`"VX'~~°e~~R,g"-oe~ e8~~e'~nN`•o°d'.° f 2~ ° N~ 4 7i rj Q r 4.g ~~ C m Q o°~~~ S° q S p 5g e° .°. a_o 4a oaEo'f '-: ~ ge'_4 r'--.3 x~°>-yF @s' n mn~io Doug w3 :3c=gi .°5 MS'~tl~ [MCI!J ~S^ ~ yes' y ~" a n^, 50 3°oo°y c^ ° ' o o ~g ~=gC _ of ~$-p a ..° i °g4° .° " °g 4g 'w o. 04~ 3g ep i3 ^i a_.. m C Z to W Z .9 I >~ g ~~ g ~ $ _ Qi y0O o ~ m ~-t ~~~v K' ~ ~+ (~ D ~ g ~ ~ ~ y -1 ~ ~ ~g ~ ~ O ~ O py ~ O m .~ '. fAIRVIEW AVENUE 3' 4 8 ~ ~ w~t.so~ tH ~ A~ o ~ ,tea sT ~ < ST • N ~ ~ WIM5 CT PME AVE • I I L+J CT. UNION PAgFIC RAILROAD ~~ ~ ~ ~ s . ~ ~ ~r 7 ~ s FRANKLfN ROAD 8 ~ ~ ~ ~ c~5 a ~ ~ ~ `~ ~ - . _ ~ _VIC INITY MAP _ N.T.S. • t ~_ i, 1 i i I I~ i it i~ I i i ~ ~I I ~, "_ 1 ' - --- aoa - - ---° ----- I ~. . GFMI~iE C~1V'I'IIt 1~. 2 1" = 300' SCAM kifLLtlN 5 "% c l~-/.. _. J L/ . - J f-.. 00'OSTl~nand~~~~ /~0 96~b d LTT ibZi/T-Z6 r ZOL£8 OHb'41 '3S108 ~ ~ O L 133211S H10T H1HO-J SOZ 71NV8 3F10 1S3M >j3~i0 rr~tlalx~t .~o ASIp 3r-u of S2i'd'T'IOQ ~S3I3 Q~2ial111H ~p Bbd OOOb-£b£ (80Z) TOL£8 OHt101 '3SI08 LZLZ X08 '0'd 'ONI `3NO1W3J 00'OST 0829 sxnor~ : sxnooo~ : srinor~a : sxnoooe Z#/M~IA~2I ZK'Id 'IrdIdI3 :2i03 I~IrdIQI2i3Y~i 30 xSIp :OS QI~Id 00'OST$~~~~~~~ :SAIIl01~ L T T : 2i3S~niflri ?IpSHp 9 6 /T O /£ 0 : ~S~dQ ?Ip~HJ L ~ ~ ~ 'ONI '3NO1W3J Mayor ROBERT D. CORRIE ~lps;ll Membere CH,4RLES ROUNTREE GLENN BENTLEY RON ANDERSON KEITH BIRD May 10, 1999 • 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 Mr. Terry Amos US Bank - IDW 0110 205 N. 10th Street Boise, ID 83702 383-3822 RE: Returning Letter of Credit #S000905 LEGAL DEPARTMENT (208) 88a-426 PUBLIC WORKS . BUILDING DEPARTMENT (208) 887-'2ll PLANNING AND ZONING DEPARTMENT (208)884-Sj33 As part of the development agreement, the above letter of credit was deposited with the City of Meridian for bonding of the site improvements required for Gemtone #2. These improvements have been completed with the exception of the pump station in which I have received a new letter of credit for $33,000.00 for the Gemtone#3. I am returning your letter of credit of $90,000.00 which expires on June 6, 1999. Thank you for your cooperation concerning this project. Sincerely i'~~~C./ William G. Berg, Jr. City Clerk • • U.S. BANK U. S. BANK, NATIONAL ASSOCIATION INTERNATIONAL BANKING DIVISION 101 SOUTH CAPITOL BOULEVARD P. O. BOX 8247 BOISE, IDAHO, 83733 U.S.A. SWIFT USBKUSSI FAX (208) 383-7641 ___________________ AMENDMENT_TO-IRREVOCABLE_STANDBY_LETTER_OF_CREDIT JUNE 19, 1998 -------------------------•r------__--__--__ _._--- BENEFICIARY APPLICANT: ~____----- CITY OF MERIDIAN GEMTONE INC 33 E. IDAHO AVE. P.O. BOX 2727 MERIDIAN, IDAHO 83642 BOISE ID 83701 LETTER OF CREDIT NUMBER: S000905 ~~~~~~~ AMENDMENT NUMBER: 001 WE HEREBY AMEND IRREVOCABLE STANDBY LETTER OF CREDIT AS FOLLOWS: +THE EXPIRY DATE IS EXTENDED TO JUNE 06, 1999 ALL OTHER TERMS REMAIN UNCHANGED ------------------------------------ U. S. BANK, NATIONAL ASS IATION AUTHO ~ - "~ RIZ SIGNATURE AUTHORIZED SIGNATURE ** THIS PAGE l FORMS AN INTEGRAL PART OF CREDIT S000905 ** 16 -7349 - l 1/94 • • U.S. BANK U. S. BANK OF IDAHO INTERNATIONAL BANKING DIVISION 101 SOUTH CAPITOL BOULEVARD P. O. BOX 8247 BOISE, IDAHO, 83733 U.S.A. SWIFT USBKUSSI FAX (208) 383-7641 JUNE 09, 1997 ------------------------ IRREVOCABLE STANDBY LETTER OF CREDIT ------------------------------ --------------------- BENEFICIARY: APPLICANT: CITY OF MERIDIAN GEMTONE INC 33 E. IDAHO AVE. P.O. BOX 2727 MERIDIAN, IDAHO 83642 BOISE ID 83701 ------------------------------------------------- LETTER OF CREDIT NUMBER: 5000905 ~~~~~~~ EXPIRY DATE: JUNE 06, 1998 AT: ISSUING BANK'S INTERNATIONAL BANKING COUNTERS LOCATED AT 101 SOUTH CAPITOL BLVD.,. BOISE, IDAHO 83733 ON OR BEFORE 5:OOPM DEAR SIRS: WE HEREBY AUTHORIZE YOU TO DRAW ON U.S. BANK OF IDAHO, BOISE, IDAHO FOR ACCOUNT OF APPLICANT AS FOLLOWS: THIS LETTER OF CREDIT IS ESTABLISHED IN THE AGGREGATE AMOUNT OF USD 90,000.00 ( NINETY THOUSAND 00/100 USD ) AVAILABLE BY YOUR DRAFT(S) DRAWN AT SIGHT ACCOMPANIED BY THE FOLLOWING DOCUMENTS: + THE ORIGINAL OF THIS LETTER OF CREDIT FOR ENDORSEMENT + A STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED INDIVIDUAL OF THE BENEFICIARY AS FOLLOWS: GEMTONE, INC. HAS FAILED TO PERFORM OR IS IN DEFAULT OF THE INSTALLATION OF THE POWER TRANSFORMER AND THE PRESSURIZED IRRIGATION SYSTEM IN THE TREASURE VALLEY BUSINESS CENTER, PHASE II." PARTIAL DRAWINGS PERMITTED. ** THIS PAGE 1 FORMS AN INTEGRAL PART OF CREDIT S000905 ** ir,_-;~~,_i i ,,, • • u.s. eaVK ALL DRAFTS DRAWN MUST BE MARKED: " DRAWN UNDER U.S. BANK OF IDAHO IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S000905" THIS CREDIT IS SUBJECT TO "THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS" (1993 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500 WE HEREBY AGREE WITH DRAWERS OF DRAFTS UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT THAT THE SAME SHALL BE DULY HONORED ON DUE PRESENTATION TO THE DRAWEE. ALL BANK CHARGES OTHER THAN THOSE OF U.S. BANK OF IDAHO, IF ANY, ARE FOR THE BENEFICIARY. U. S. BANK OF IDAHO IS A MEMBER OF THE FEDERAL RESERVE SYSTEM AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE PURSUANT TO U.S. LAW WE ARE PROHIBITED FROM ISSUING, TRANSFERRING, ACCEPTING OR PAYING LETTERS OF CREDIT TO ANY PARTY OR ENTITY IDENTIFIED BY THE OFFICE OF FOREIGN ASSETS CONTROL, U.S. DEPARTMENT OF TREASURY, OR SUBJECT TO THE DENIAL OF EXPORT PRIVILEGES BY THE U.S. DEPARTMENT OF COMMERCE . ** THIS PAGE 2 FORMS AN INTEGRAL PART OF CREDIT S000905 ** i~,_-.~e_t i-e.t • HUB OF TREASURE VALLEY • Mayor ROBERT D. CORRIE A Good Place to Live Council Mem re CITY OF MERIDIAN CHARLES ROUNTREE 33 EAST IDAHO GLENN BENTLEY MERIDIAN, IDAHO 83642 RON ANDERSON Phone (208) 888-4433 • Fax (208) 887-4813 KEITH B[RD December 2, 1998 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 388-6532 fax 322-2032 Re: Street Lights for Gemtone Center #1 and #2 LEGAL DEPARTMENT (208)884-4264 PUBLIC WORKS BUILDING DEPARTMENT (208)887-2211 PLANNING AND ZONING DEPARTMENT (208)884-5533 Street Lights have been installed by the developer in Gemtone Center #1 and #2. These are 250 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The eight (8) street lights are located at: 4 each E. Pine Avenue (Blue Cross Building) 2 each N. Hickory Avenue 2 each N. Rosario See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ,(%~~' William G. Berg, Jr. City Clerk OFFI IA c WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, 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 Chiet W.L. "BILL" GORDON, Police Chiel 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: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION COUNCIL M MB RR WALT W. MORROW, Presitlent RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P 8 Oh~rL"IS410N JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH Date: ~ / - ~-~ -g ~ RECE~D ~! O Y 3 ~ 199 CITY OF MERIDIAN I have inspected and approved the electrical wiring and associated components for ~l / street lights in 7~; ~.r-~•st~~ 1/,~,(~, ,~, ~ ~~, ,Ei~~c.,c,~L -Idaho Power Co. can now proceed with the activation. ~~ ~~ ~ ~~~~-~_ Harold Hudson, Electrical Inspector e 1 ~! /~' -", U t ~,~ ~~ t-C.31.~ ~ a, ~~ ..t, S t S ` U S ,: Q ~CT,r' ~ t cn~` l7 r / ~^ -f_ 1 t ~ '~~.~ -!- '~,.-ww ~ C~; Jet,-2 1 ~tS ~ F7, „ ~ n ~ ~~N ~~- ~ C 1 C:\OFFICE\W PWfMGF.NERAI,\F.LF.CINSP.MMO ,~ E0 ' d ~ti101 ~ ~ • ~ . oo . Gt a~~ ' I °' y ~ c3~lr~faen ~ . ~ , •~7 ~ m....y ~ 0 MOIl~7t s0 3MIl LSy~YI ~ ~ ` OO~K.7,~i.iOf r ~~sw..~-T-'7~y ~ ,n cYtl . • OoJ t .. _ ;1 .: ovoa 3~~d3 Hlaorv ~ y ~. -i~, - .~ : ~ a -r ~.: ~ . ~ ~` a~ h x ` '? •~ °. • .c•..or ~ ~' ~ r_, ^ _ "® /r~~ „ ~ I ~ 1Y/ w 8 -c Dc I. ~ ~ ~ ~ i • ~ J ~ fE ~~ ~ ~_ .-8 it f u W '~}(J~I Z J I ~. ~~ ~ I I C0~"g ~ ~° ~= a, W ~ /r__1, aa, R ~F~ n ~ I ~ Y s1 I ~ ~$ ~ ~ H I ~ ~ _ O _ . _ ~ . j I OO tK r J = t~ 8a - Cb :.c ~ <` ~ I '' ~ i ~ i• ~ ~t ~g ¢ 1 W [i I h ~. P7 M Q 1 1b i I ~ Y• I '}J~ o I W I •. 1~ t t'~h eo-r.f I W C~ O ,na^ ne~o•rl , .7 t r= I m G~~ W I. ._,W I O .I fw•+f u[ I • i,w. .• L/ 3= r ~~ t _ t ,~ ~ Q= I _ J • Q y 6 I •f x l _ .. ~ ~ ~ d. ~~ ~ I ~ ~= t~ ~ ~~ i c ~ rte. ~` ~~~ J$ tf ~~.. .. au ~ jj ~1 ~ , p y ~ -. !!vl 'V ~I ~ k • s $ ~ ~ ~ ~ 3RN . d k10D1~ H FtlaON .. ~'g^ ~ 5 ' -_~ 7 ~ ~ 3 4 ~ # "' a --~~~ - II „ . ~ ~ " ~ Y ~ 0~ e V ?< ~ ~ F V m ,..t ~0'd G62TL8B pl '•'C. ~ ~ E ~=.~• WObd DS:9i B66I-0~-d3S a Q ~ ~ ! 2 ' E ~ ~ ;~ ; i jl v5 : y t d6 , 0~ d.3S •ren• a . y ~,..r..~r.r..~. t'ON a3iN?0 3NO1R39 o ~~.1 ~I ,~i ~ I She , ~` : z. m , 1 5r 1 / ~ :~ i ~ ~a ~E i~ I ~~~~~~_~ 1 ;~;~ i' 1_. ~ ~ IR . ~ i a i ~ ~ 95 ~ , ,: ~ ~ '~ ~ ~~. ~ fit' - ~-_- ~~._: -- 1 :; . , • d 1 ~ _ _ 1 _ _ ~ i. A'' , ` . ~ I ~S s~~ .....ip..... ....... ---_.-_--- ,, .;;; . ~.. _ ... f..1.~__,_~--~i~~~ --qtr ~~ ' • ~~ B ~ ~ ~ . •. >. - = , Z0'd L62IG88 O1 WObd ~S:9I 866T-0~-d3S ELECTRICAL PERMIT Iss~_ied: 10/01/98 Permit No: 13881 OWNER/APPLICANT________________________pROPERTY LOCATION---------- PILL DAVIS R ED HEWS I 1 GEMTONE CENTER #c MERIDIAN, TD 83000 i I Lot: Block: 2~d8/000-001Z~0 I Sub: T' S: I Parc No: CONTRACTOR____________________________~DESIGNE Long Legal: H R H ELECTRIC R--------------------------------- I X131 CENTURY WAY I HO I SE, I D 837Q~9 I cQ~B/323-8408 I 017~OJ/OIZ~O-OQ~O@ PROJECT INFO--------------------------~-_ rj Val~_ie: X31, 000. Q~$ Pr^.j Type: ------------------------ I Temp Service: Occ Type: COMMERCIAL I Residential Service: . Occ Gr^p: Occ Load: I Number of Rooms; I Electrical Heat: Cnstr^ Type; Land Use: I N~.tmber^ of Circuits: IOther:STREETLIGHTS PROJECT NOTES-------------------------i--------- INSTALLATION OF 12 STREETLIGHTS.. L9 L10 2 ------- ------------------------- . L1, Lam, L5 H3; 2 ON L5, 2 ON L6, L8 , , ON L11 H1 IN TREASURE INSTALLATION OF 8 STREETLIGHTS , VALLEY BUSINESS CENTER ... IN GEMTONE CENTER #E 4 ON L 1 B 1; L 1, L3, L8, L i d B~ (250 WATT) PROJECT FEES ASSESSMENT---- TOTAL ELECTRICAL FEE: ------------------------------------------ Amount Paid: X285.00 X285.00 Balance Due: g0. 00 ~ ~.-_ f .MERIDIAN P & Z JANUARY 8, 1991 PAGE #4 r~ to be kept in consideration there as far as the impact to that subdivision that we are in. I understand they need more egress also, but its easy to figure out that anybody from that end of the subdivision is going to come out that way. Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing. Any Discussion. Rountree: I'm a little concerned that granted S.E. 5th is a dedicated easement but it is not a dedicated public right of way for transportation facility. It seems to me that that ought to be set up as a public right of way for future improvement. The Motion was made by Rountree and seconded by Shearer to recommend approval of this preliminary plat with the following conditions: A steady committee be put together including at a minimum the City Engineer and the developer to resolve the well issue, and water pressure issue for fire, also that the Developer adhere to the comments of ACRD once they are received, that ACRD, the developer and the City resolve the issue of the interconnector that connect with Mesa Way, and that there be resolution of the Public Access on the extension of S.E. 5th from the development to Overland Road. Motion Carried: All Yea: ITEM #2: PUBLIC HEARING: REQUEST FOR COI~IDITIONAL USE PERMIT BY GEMTONE, INC. FOR PUD GENERAL: Johnson: I will now open the Public Hearing, is there a representative here? Thomas Wright, 1412 W. Idaho, Boise, was sworn by the attorney. Wright: I'm both a part owner of this project and in turn the marketing representative. We have applied to the City of Meridian for a Conditional Use Permit under a Planned Unit Development - General of as you are aware the TreasureValley Business Center. They asked for and received a Industrial Light Zoning for the entire property. There was a time when this City did issue the eastern portion of this property a temporary retail:- zone for a potential regional shopping center. That zoning has since expired so the entire 300 acres is zoned as Light Industrial. Presented a photo and explained to the Commission. (TAPE ON FILE) Rountree: I have a plat of Phase I here could you outline that on your drawing. Wright: There is roughly 160 acres on both sides of Eagle Road, and about half of that west side was platted. Rountree:'~So there wouldn't be any change in the access points. Wright: No, no changes. The property that we are trying to market are the platted lots. We have a major company that has asked for 100 acres. Rountree: You show two accesses onto Eagle Road, do you have a distance between those? Wright: They are approximately 600+ Ft., we have those approved. Rountree: One condition of that PUD-General is the 10~ open space, can you show that in the concept, what that's going to include. f^ ~, ~~ MERIDIAN PLANNING & ZONING JANUARY 8, 1991 PAGE $5 Wright: No. Presented an aerial picture taken in spring of 1990. Explained. We haven't addressed the 10$ space specifically. Rountree: My question is, what would you consider those kinds of uses? Crookston: What are the plans for access to those lots that are in that corner on Fairview and Eagle? What about the access off the major, I mean onto these smaller lots. Wright: Showed Attorney where accesses are intended to be and these have been approved. Crookston: Are you talking about even re-doing some of this for interior roads coming off of Jewell Street. Wright: No. Crookston: What is your plan for coming to the City again when you have a business lined out thats ready to go, they know the property they want what is your thinking as to how that's going to be approached as far as additional improvements such as if the City required design review and things of that nature. Wright: Just that now the Conditional Use Permit that we anticipate that we need would be eliminated as a step but we still have to come in for Design Review and obviously a Building Permit. Then any improvements that that user would require would also come back in. Johnson: Is there anyone else from the Public who would like to come forward? Harry Jensen 2075 E. Fairview, Meridian, was sworn by the attorney. Jensen: I was in on the original when UP wanted to develop that particular piece of property over there in Phase I, we did not object to any of it thatthey did with the exception of when they wanted to put in the spur. line along the west side. When they were doing Phase I I requested a right of way to my property and at that time Mr. Lloyd Howell stated to the Board here it was alright if we took that up in Phase 2 and being a sucker a said yes that was fine, and they didn't put it down in the minutes and consequently Phase 2 never come about and now I own the property on the west side of Phase I. Showed Commission where abouts the property is located. Previously we have brought our equipment down through an existing road that came down through that property from Eagle Road, well when UP took over and rebuilt that whole area, they constructed a pipe line which was to our advantage, and bring it around to the edge so we didn't have to come all that way and service that ditch, and it made it better for us for irrigation, but it did not give me access to the back piece of property. The only thing I am requesting of Mr. Wr-fight or this group is to see somehow if we can work out a way to get an access to that back 15 acres. ~,. MERIDIAN PLANNING & ZONING JANUARY 8, 1991 PAGE #6 Alidjani: Wouldn't that southeast corner of that property your saying a portion of it is not under their control and there is a green house sitting there that somebody else owns that. Jensen: Yes. Mine goes to a drainage ditch which is a ditch that can be covered up in the future. The purpose of that drainage ditch was for the farms in that area which included the farms that the different properties had, mine and the neighbors and so on for the water to drain off the land and go down. It's all developed, there is no use for a drainage ditch. Clerk Niemann: Don't you have access off Fairview? Jensen: I have access, my home is off Fairview. If I took fifty feet off of that property for a right of way, it would put the road within about 25 ft. from my house. Also for fire purposes I think they would want a second access to that property. The only thing I'm requesting this Board and Mr. Wright to do is see if we can work our something as a right of way for that property so it won't be an island. Alidjani: Didn't you just say that if you couldn't make a deal with them you do have a way to put access to your own property? Jensen: I own my house and four acres up front on Fairview. If you took a fifty foot right of way all the way down my property - Alidjani: How many feet would that be from your four and the other fifteen acres? Jensen: The length of that road is I think 800 ft.. The whole problem is that canal. Johnson: You indicated you had access to this property previous to the development is that included on a deed or some kind of a document somewhere? Jensen: Explained to Commission. (TAPE ON FILE) They didn't :make the curb cut or right of way like they said they were going to. Johnson: The cold hard facts of it might be that you will have to eventually work something out with the owners of the property. It may be something that we can not address right now, because we are really talking about something that's outside of what we are considering -.tonight. Anyone else from the Public that would like to testify? Nick Nichols, 5107 Overland, Boise, was sworn by the attorney. Nichols: I represent (BME) Business Management Enterprises, Inc.. We hold an option of the property owned by Mr. Harry Jensen. We took that option and began attempts to develop that land based on the premise that there was a old time agreement probably with Union Pacific for an entry from that land into the fourteen acres addressed by Mr. Jensen. We have plats ready for Meridian and we have been in . contact with Ada Planning & Zoning in preliminary to this Committee and have been advised that it is necessary to have a second entrance into that area of land. Johnson: Anyone else to testify? Hearing no response I will close the Public Hearing. . ,.. MERIDIAN PLANNING & ZONING JANUARY 9, 1991 PAGE #7 ~__. The Motion was made by Alidjani and seconded by Shearer to have the Attorney prepare the Findings of Fact and Conclusions of Law. Motion Carried: All Yea: No Recommendation made to the Council at this time. Johnson: We do have a Special Meeting set up for January 22nd. One other item, you got my letter regarding the possibility of changing our Ordinances to allow for amendment to a Conditional Use Permit. Discussion. The Motion was made by Rountree and seconded by Shearer -to adjourn at 8:45 P.M.: Motion Carried: All Yea: APPROVED: JIM JOHNSON, CHAIRMAN ATTEST: pc: Mayor & Council P & Z, Atty, Eng., Bldg., Police, Valley News, Statesman, ACHD, NMID, CDH, School District, Ward, Stuart, Gass, Mail (2) File (2) Meridian City Council April 1, 1997 Page 51 Corrie: Any questions? Anybody else from the public that would like to issue testimony at this time? Questions of staff? Seeing none I will close the public hearing. Entertain a motion for an ordinance. Morrow: Mr. Mayor, I would move that we instruct the City Attomey to prepare an ordinance to allow the vacation of the easement on the west boundary line of Lot 36, Block 1 of Haven Cove Subdivision No. 5. Bentley: Second Corrie: Motion made by Mr. Morrow, second by Mr. Bentley to instruct the City Attorney to write up an ordinance request the vacation for Pacific Land Surveyors, any further discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #15: REQUEST FOR TIME EXTENSION ON GEMTONE CENTER NO. 2 FINAL PLAT: Corrie: Council I guess, do we have Briggs Engineering here or anybody? Shari? Stiles: Mr. Mayor and Council I informed Briggs that they didn't need to attend to take care of this. The plat would need:to be recorded by March 19th since they didn't make that date they, are in the process of getting their number 2 plat recorded. They need an additional length of time probably another 3 to 6 months. They are asking for the year that is allowed. Morrow. What is your recommendation? Stiles: I would recommend that they get the year. Morrow. Mr. Mayor, I would move that we grant Gemtone Center NO. 2 a one year extension on a date of expiration for their plat. Tolsma: Second Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma to approve the extension of Gemtone Center No. 2 final plat one year from the expiration date, date of expiration, any further discussion? Hearing none, ,all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: WATER/SEWER/TRASH DELINQUENCIES: • ~ MERIDIAN CITY COUNCIL MEETING: April 1.1997 APPLICANT: ITEM NUMBER; 15 REQUEST: REQUEST FOR TIME EXTENSION ON GEMTONE CENTER NO 2 FINAL PLAT 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 F~ ~,~ ~ ~'~' f~ N~'"' OTHER: All Materials presented at public meetings shall become property of the City of Meridian. • Er.-GINEER/~yG BRIGGS) INC. March 17, 1997 Meridian City Council c/o Shari Stiles, Zoning 33 Idaho Street Meridian, Idaho 83642 Administrator Re: Final Plat Time Extension--Gemtone Center #2 Dear Mayor and Council, The final plat for this project was approved by Council on March 19, 1996. While we are in the process of addressing Gary Smith's final comments, we will not be able to record the final plat before the March 19, 1997 expiration date. As discussed with Shari Stiles, we are submitting this Time Extension request (with $200 application fee) prior to the expiration date and we hereby request your APPROVAL of a one year time extension for the final plat of Gemtone Center #2. It should be noted that once the City Engineer and City Clerk sign the plat, we anticipate that it will take about 2-4 weeks for the Ada County to complete his review--prior to recordation of the final plat. It should be noted that we have also submitted the Later Comer's Agreement (water line), as requested by Council, for approval by the City Attorney. We hope to have this issue resolved very soon. If you have any questions, for you assistance. Sin rely BRI S El' U" Van g Pla er 940511 please call me at 344-9700. Thank you 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 ~NG~NEER//yG BRIGGS INC. September 5, 1996 Mr. Wayne Crookston P. O. Box 427 Meridian, Idaho 83680 Re: Gemtone Center No. 2 -Waterline Extension /Late Comers Agreement Dear Wayne: ~t.~~V~~ AUG - 9 1996 CITY 0~ ~ERII~DAN During the our recent meeting with you, Stan McHutchison and I discussed the status of the Gemtone Center No. 2 Waterline Extension/Late Comer Agreement. The attached agreement represents the revisions that were requested and it includes copies of the two (2) exhibits. Would you please review this agreement with Gary Smith as soon as possible. If there are any additional changes, please notify us immediately. We will forward the appropriate dollar amounts to you and Gary Smith as soon as that information is available. We understand that the City Council gave you the authority to approve this document as soon as the appropriate issues are addressed. We are approaching the final stages of the platting of this subdivision and we need to resolve this issue as soon as possible. Wayne, after you complete your review, please respond in writing regarding your approval. We need to bring this issue to a close as soon as possible. If you have any questions, please contact Stan McHutchison or me at 344-9700. Thank you for your time. Since}ely, Blt~ GS ENG i ~~.._ Van E Planner cc: Tom Wright Quinten Knipe Gary Smith Mayor Bob Corey Stan McHutchison 940511\crookstri.lt2 INC. 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • CITY OF MERIDIAN WATER EXTENSION LATE COMER AGREEMENT FOJACENT PARCEL (#51108417232) IN FAVOR OF GEMTONE, INC. This Agreement made and entered into this Day of 1996, by and between Gemtone. Inc. , an Idaho Corporation, hereafter referred to as "DEVELOPER", and the CITY OF MERIDIAN, hereafter referred to as "CITY" WITNESSETH: WHEREAS, the City limits extend east to Eagle Road and south of Fairview Avenue, but prior to this Agreement and construction referred to herein, a portion of such area was not provided water service by the City; and WHEREAS, the Developer is required by the City to extend a water line past the Developers Property to tie into an existing water line in Eagle Road. The Developer's Property as referred to herein consists of approximately 34.8 acres which is part of the land shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full. The Developer's Property lies to the north of East Pine Avenue; and WHEREAS, the total cost of constructing the water line will be bom by Developer at a cost of approximately $ ;whereas the water line may benefit the property south of and adjacent to the Developers Property, hereinafter referred as the "Adjacent Property"(see Exhibit A); whereas this water line will be located in East Pine Avenue; whereas East Pine Avenue must be paved during developing of Developer's Property; and whereas the City requires the water line to be installed before the pavement is placed; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. 2. The Developer has engineered, planned, and constructed the main water line depicted on Exhibit "A" and described in Exhibit "B". 3. The Developer has contributed $ to construct the said water line of which Developer is entitled to be reimbursed the sum of $ (one half of the construction and design costs) and which represents the share attributed to the Adjacent Property. This agreement recognizes that other properties within Meridian may benefit from installation of the water line in East Pine Avenue more than the properties adjacent to this water line. However, since these properties are in a commercial/industrial zone, a direct benefit is difficult to assess. 4. For subsequent development of the Adjacent Property, whether or not the Adjacent Property connects to this water line, the City shall charge a fee; the charge is the water c:lprojects119941940511Uateagre.rev Revised 8/26/96 (1) const~n equivalency fee authorized in Ordinance ~B and established by this Agreement, which fee shall herein be referred to as "late comer fee"; this fee is in addition to any other fees that may be charged to a developer for connection to the water system; the amount of the late comer fee shall be equal to $ multiplied by the number of square feet of Adjacent Property being developed. (For purposes of this agreement, 'develop' means to request approval from the City to connect to the water line in East Pine Avenue or to request approval to alter the Adjacent Property either by rezone, amending the comprehensive plan, subdivision, building on the property or otherwise using the property for any purpose other than farming.) 5. All of the late comer fee assessed as mentioned in paragraph 4 shall be paid to the City Building Department and shall be set aside and deposited to a special account to be designated as the "GEMl'ONE, INC. WATER PROJECT RElMBURSEA4ENT ACCOUNT" and shall be paid to the Developers as soon as possible after the audit described below. 6. The amount of the total late comer fee and the corresponding amount to be paid to the City and reimbursed to the Developer shall be adjusted upward annually on October 1st, to reflect the then current interest rate. This interest rate shall be based upon the prime rate of First Security Bank of Idaho, N.A., as of the annual date of adjustment. 7. The late comer fee shall be collected by the City from any person or persons developing any portion of the Adjacent Property (see Exhibit "A"). 8. The City shall charge the GEMTONE, INC. WATER PROJECT REIMBURSEMENT ACCOUNT the 10% administrative charge as authorized under Ordinance 5-1248. 9. The City shall have prepared on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. Once constructed, the water line referenced in Exhibit "A"and Exhibit "B" shall be the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11. The term of this Agreement shall be until Developer has been reimbursed the sum of $ , (plus interest noted on Item #6) but not longer than ten (10) years even if the has not been paid to Developer. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. c:lprojects11994194051111ateagre.rev Revised 8/26/96 (2) TED this Day of ~ , 1996. STATE OF IDAHO, ) ss. County of Ada, ) CITY OF MERIDIAN Robert Corrie, MAYOR Will Berg, CITY CLERK Gemtone, Inc. By President By Secretary On this Day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared _ Robert Come and WII Bern ,known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC FOR IDAHO SEAL RESIDING AT MY COMMISSION EXPIRES STATE OF IDAHO, ) ss. County of Ada, ) On this Day of , 1996, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas T. Wright ,and Ed;•~ard L. Bews ,known to me to be the President and the Secretary of Gemtone, Inc., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES c:lprojects\1994\94051111ateagre.rev Revised 8/26/96 (3) GEM TONE CENTER NO. 2 LATE COMER AGREEMENT - - - - - - - _ _ FAIRVIEW AVENUE _ - - ~ _ - - - - - - 8 9 T.3N., R.1E. B.M. TREASURE VALLEY BUSINESS CENTER - PHASE I ~ L 0 l - - - - --,a w--. ~ - - z -- I 1 J V' 6 5 r_ I BLK 4 11 ~ BLK 2 ~ 2 ~ I I q 3 ~ I ~ 3 i ° J L I 3 ~ 9 l ~ ~ a ~~ z CE MTONE CEN w I ~ N o 2 2 BLK 1 0 . 1 ~ WI I q ? 10 1 ~ GEMTONE CENTER N0. 1 z~ E . STATE AVENUE I Z - - _ -ta w- _ _ tw I DEVELOPER'S PROPER TY 11 2 3 4 5 1 3 q 5 1" = 400 BLK 5 ~ - B K ~ I E PINE AVENUE PINE E AVENU E • . - _ _ _ ~ ~i w z_w / + + + 1, L_ 13906' (LIMITS F WATERLINE CONST UCTION) I + - fit- ~ ~ R ~ ' / `1 aaNr e- / ~ ~ ~ ~ 1 ~ ~ ~ I I 1 I ~ ADJACENT PROPERTY I ~' + --~ + PARCEL y 51108417232 -~-- -i-- -~.- -~.- I + ~' +' + ~" APPROX. 53.60 ACRES ' T T T ~' + + '~" ~ I ~ ~ ~ ~ ~ ~ ~ I 1 ~ ~ ~ J I ______ ' __~i ~______________ ' ~ ~ I ____~_ ______ __~ 1 BLK 6 I ~ ~+ ~ -~ I j-~ + ~ -- ---~ ________i____ __________ _____________ ____J txNt~iT `~~~~ DRAWING NOT TO SCALE 940511 CEM-WAT. IVE 08/27/96 ~~ r: APPROXIMATE LOCATION AND DESCRIPTION OF PROPOSED EAST PINE AVENUE WATER LINE FOR GEMTONE CENTER NO. 2 September 5, 1996 A water line located in the NE 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the East 1/4 corner of Section 8, T.3N. R.1 E., B.M., thence N 1°08'45" E 12.50 feet along the east line of the said Section 8 to a point; Thence N 89°54'01" W 70.01 feet along a line 12.50 feet northerly of and parallel to the south line of said NE 1/4 to a point on the westerly right-of--way of N. Eagle Road, the POINT OF BEGINNING of this description; Thence continuing N 89°54'01" W 1,378.80 feet along said line to the END POINT of this description. Michael E. Marks, L.S. - No. 4998 940511 \waterlin.des 1 ~X~lL3.T ,, ~~. CENTRAL •• DISTRICT PRHEALTH DEPARTMENT MAIN OFFICE • 701 N. ARMSTRONG Pl. • BOISE, ID 83704-0825 • (208) 315-5211 • FAX 327-8500 To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment 96-1021 August 28, 1996 David Navarro Ada County Recorder 650 Main Street Boise, ID 83702 RE: Gemtone Center Subdivision, #2 Dear Mr. Navarro: z; Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given on August 28, 1996. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, Thomas E. Schmalz, .H.S. Senior Environmental Health Specialist cc: Tom Turco, Environmental Health Director Martin O. Jones, Environmental Health Supervisor HUD City of Meridian Briggs Engineering Gemtone, Inc. Thomas T. Wright Serving Valley, Elmore, Boise, and Ada Counties ADA / BOISE COUNTY OFFICE 701 N. Armstrong Place Boise, ID 83104-0825 Ph. 375.5211 ELMORE COIIMY OFFICE 520 E. 8th Street North Mountain Fbme, ID 83647 Ph. 581-9225 VALLEY COUMY OFFICE P.O. Box 1448 McCall, ID 83638 Ph. 634-1194 • Meridian City Council July 10, 1996 Page 2 • Morrow: That being the case Mr. Mayor I would move that we table until, since we have lost a week to our first meeting in August, which would be August 6. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree that the final plat for Fieldstone No. 5 be tabled until August 6, any discussion? Hearing none, all those in favor? Opposed? MOTION CARRIED: All Yea Morrow: Mr. Mayor, if I might I would like to have the Council instruct our staff to make contact with the Voigt people and make them aware of what the issues are and that it has been tabled pending them resolving those issues. Corrie: Alright, staff would you take care of that Gary and Shari. Did you have a specific one? Morrow. No, no, someone needs to call them and tell them that they are continually being tabled at their request and now at our request because they haven't provided the necessary information they have been instructed to provide. ITEM #2: TABLED JUNE 4, 1996: LATE COMERS AGREEMENT FOR GEMTONE CENTER NO. 2: Corrie: Is there a representative from Gemtone? McHutchinson: Mr. Mayor, my name is Stan McHutchinson from Briggs Engineering, I will be representing the owner/developers of Gemtone Subdivision. I brought a copy here of the preliminary plat to show you what we are asking for a late comers agreement on. We are developing this, all of the parcel up here and in doing so we have to build a water line down Pine Street. We are requesting that the Council approve a latecomers agreement so that when this developer down here develops and they can reimburse for their parcel (inaudible). We submitted an agreement, we drafted an agreement and submitted it to both Gary Smith and Wayne Crookston have commented. We have addressed Gary's comments but haven't yet addressed Mr. Crookston's, we will have to do that in person and we haven't had a chance to do that yet. I will respond, I don't know if you have a copy of that here or the draft of the agreement. If not I have several copies I can pass them out. If you have any questions I v~uld be willing to address them at this time. Morrow: Mr. Mayor, I think in order to clear this off of the table tonight I would move that Meridian City Council July 10, 1996 Page 3 we authorize the City Attorney to conduct the negotiations for the late comers agreement pending the successful negotiations that we authorize the Mayor to sign and the City Clerk to attest the late comers agreement for Gemtone Business Center No. 2. Rountree: Second Corrie: Okay, you have heard the motion by Mr. Morrow to have the attorney if it is approved by him to have the Mayor sign and the City Clerk to attest and it was seconded by Mr. Rountree, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea McHutchinson: Our next step is to probably get back to you regarding your comments. Crookston: That would be fine. ITEM #3: TABLED JUNE 18, 1996: PRELIMINARY PLAT FOR THE LAKE AT CHERRY LANE NO. 5 BY THE STEINER DEVELOPMENT: Corrie: Is there a representative from Steiner, Steve? Bradbury: Thank you Mr. Mayor and members of the Council, my name is Steve Bradbury, as you know I represent Steiner Development. You have before you t think the preliminary plat for The Lake at Cherry Lane Subdivision I think we are calling it number 6 now which is consistent with I think the Conditional Use Permit. I think we have agreed that we are calling this one six. It has been tough, I have been guessing half of the time myself. I believe it is consistent with the conditional use permit with the planned unit development which you approved last, I guess we were in March or April, the first part of April. We believe that it responds to all of the concerns that had been expressed by the City Engineer, the City zoning staff. I had s;~oken with both Gary and Shari and over the course of the last couple of weeks to try to determine if there are any other issues that they were concerned with and they both responded in the negative that is it appears to be acceptable ~= to them. Since you have seen this darn thing so many times I am not sure that I want to take up your time explaining it any more. I would simply respond to any questions that you have. Corrie: Questions from Council? Rountree: Are we sure now we have all of the setbacks, comers and sides and everything? Bradbury: I believe that we do, I think so. I think we even got the right boundaries too. • • MERIDIAN CITY COUNCIL MEETING: Julv 2.1996 APPLICANT: ITEM NUMBER; 2 REQUEST:TABLED JUNE 4 1996• LATE COMERS AGREEMENT FOR GEMTONE CENTER NO 2 AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS ~~~~ c~ ~ `~ ~ Td~~ ~ ~g ~rP ~~.~°"~ ~"~ ~f ~'~ S~'" All Materials presented at public meetings shall become property of the City of Meridian. t ti • • Memorandum To~ Van Elg -Briggs Engineering, Inc. CC: File. From: Gary D. Smith, PE <~ yy~" . Date: July 2, 1996 . Subject: Gemtone Business Center No.2 Van: Here is a copy of your proposed late-comers agreement for the installation of the water line in East Pine Avenue aiijacent to this development. I have made a few comments on this copy, some of which the City Council or City At.tornev need to answer. The agreement needs to be written as though the work has been done so that actual amot.mts of money can be used. I believe the Council can approve of the agreements language subject to inclusion of all dollar amounts uivolving engineering, construction and calculation of the late-comer fee amount. ___.__ • • • CITY OF MERIDIAN LATE COMER AGREEMENT / This Agreement made and entered into this Day of - June 1996, b and r~ Y between Gemtone. In , an Idaho Corporation, hereafter referred to as `DEVELOPER", and the CITY OF MERIDIAN, hereafter referred to as "CITY" WITNESSETH: WHEREAS, the City limits exterxi east to Eagle Road and south of Fairview Avenue, but prior to this Agreement and constriction referred to herein, a portion of such area was not provided water service by the City; and - WHEREAS, the Developer is required by the City to extend a water line past the vDeveloper's Property to tIe Into an existing water Tine in Eagle Road. The Developer's property as referred to herein consists of approx~r-ately 34.8 acres which is part of the land shown in Exhibit "A" which is attached hereto and by ference incorporated as if set forth in full. The Developer's Property lies to the north -' E°s in enue; and WHEREA st of Ong the water line will be tom by Developer at a cost of approxi el ~ reas the water line will benefd the property south of and adjacent to the Developer's Prope 'after referred as the " 'scent Pro e ' __~-.,~5,1.. P rty": whereas this water line will be located i Pine anus; whereas ~ £ Pin Avenue must be paved during developing of Developer's Property; and whereas the City requires the water ~e to be installed before the pavement is placed; NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1 • The above recitals are oarttractual and are incorpo in as if set forth in full. 2. The Developer has engineered, planned, and cons+ruck+t ~~ nir ter line depicted on Exhibit "A", and 'Sch will berrefd the land shown in Exhibit "A": 3. The Develop ~~wrq'If ntribus~tl ~ to constnxx~ the said water line of which Developer is entitled to be reimbursed the sum of $ -_______ (one half of the construction plus design costs) and which represents the share attributed to the Adjacent Property. 4_ For subsequent development of the Adjacent Property whether or not the Adjacent Property connects to this water line, the City shall charge .a fee; the charge is the water construction equivalency fee authorized in 5-1248 and established by this Agreement, which fee• shall herein be referred to as "late comer fee"; the fee is in addition to any other water charges c:lprojects119941940511 Uateagre. mar (1) _ ,_ '` `"~~ for connection to the water~em; the amount of the late comer fees b~ju x; _' multiplied by the number of lineal feat of Ad scent Pro ~' ~'~ . j party fronting Avenu dw.~ • .,~ ~~ 5. All the late comer fee assessed above in paragraph 4 shall be paid to the C ~~ter. U ~.~=~; Department and shall be set aside and deposited to a special acxount to be designs t.r "GEMTONE, INC. WATER PROJECT REIMBURSEMENT ACCOUNT" and shall be paid to the - _;,~ ` ~`'`~' Developers as soon as possible afterthe audit described below. '-=~ i ~-_~- 6. The amount of the total late comer fee and the corresponding amount to be . ,~ . . . - `~ r ~ reimbursed to the Develo all be adjusted annually on October 1st, to reflect the then current ;~~ ~ pcedrds••ce'Wi+h the 1;h~-heorir^j hews ~~crA'Cens•~ur1~9Vt ~si+ i cost of constructing sal a nd to reflect Interest which the Develo er would have esmed on D~~'v ca ' ''y"'~' ~~61~s(vcl {oy ~: ~ the funds expended for the total caret of construction. The Interest rate shall be based u the -~.Rt- prime rate of First Security Bank of Icitiho, N.A., as of the annual date of adjustment. ' «~- •~ '~.; / 7. The late comer fee shat be collected by the City from any developer subsequently ." ~+ ~~-~ ! developing a portion of the Adjacx3rtt Property. ~~~ 8. The City shall charge tlce GEMTONE, INC. WATER PROJECT REIMBURSEMENT >K<% ~/ ACCOUNT the 10% administrative d~arge as authorized under 5-1246. 9. The City shall have prepaned on an annual basis an audit of all funds collected pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost of this audit shall be paid by the City as part of its administrative costs. 10. Once constructed, the water line referenced in Exhibit °A" shall be the property of the City and shall henceforth be maintained by the City at its sole cost and expense. 11. The term of this Agreement shall be until Develo n reimbursed the sum f .~_, ut not longer than ~n (10) years even if the ~ h not been paid to Developer. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this Day of c:lprojects119941940511 Vateagre. mar 1996. CITY OF MERIDIAN Robert Corrie, MAYOR Will Berg,,CITY CLERK Gemtone, Inc. By (2) ~ • Memorandum To: Van Elg -Briggs Engineering, Inc. CC: File From: Gary D. Smith, PE~ <hHwv~-t~- Date: July 2, 1996 Subject: Gemtone Business Center No.2 Van: Here is a copy of your proposed late-comers agreement for the installation of the water line in East Pine Avenue adjacent to this development. I have made a few comments on this copy, some of which the City Council or City Attorney need to answer. The agreement needs to be written as though the work has been done so that actual amounts of money can be used. I believe the Council can approve of the agreements language subject to inclusion of all dollar amounts involving engineering, construction and calculation of the late-comer fee amount. • i Meridian City Council June 4, 1996 Page 51 Rountree: So that would go back to P & Z as well. Corrie: Also Council I think that the road study was done in February and that was before changes were done as well. Crookston: You should table it to (inaudible) to a Council meeting date. Bentley: I make a motion that we table this to August 20, 1996. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that this item 8, findings of fact and conclusions of law be tabled to August 20, 1996, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: TABLED MAY 21, 1996: LATE COMERS AGREEMENT FOR GEMTONE CENTER NO. 2: Corrie: We have a request that this be, not be submitted until June 6th as the agreement has not been reviewed by the City Engineer and City Attorney. It doesn't specifically state there. Rountree: Well this is the 2nd or third time they have requested this, how long is this going to take? (Inaudible) Bentley: I make a motion we table this until the second of July. Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree to table this until July 2nd, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #10: FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE • • MERIDIAN CITY COUNCIL MEETING: JUNE. 4.1996 APPLICANT: ITEM NUMBER; 9 REQUEST: LATE COMERS AGREEMENT FOR GEMTONE CENTER NO 2 AGENCY COMMENTS 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: I',` U~ CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: /~11 Materials presented at public meetings shall become property of the City of Meridian. FROM TO r~~.1GINEER/j~G ~~,~~~ 1NC. June 4, 1996 Mr. Will Berg, City Clerk City of Meridian 33 E. Idaho Avenue Meridiazi, Idaho 83680 Re: Gemtone Center No. 2 -Late Comers Agreement Deaz Will: • MERIDIAN CITY P.01 ~:" ~~ J U ~~ - 4 ~{'~'~ CITY ~ :.~~.~IDIA~ Please consider this a formal request to withdraw this item from tonight's city council agenda and reschedule it for the next regulazly scheduled council meeting. The draft copy of the late comers agreement has not yet been reviewed by the City Engineer or Ciry Attorney but should be submitted for review by June 6. Please call me if you have any questions. Sincerely, BRIGGS ENGINEERING, INC. tan McHutchison, P. E. ~~ cc: Van Elg Tom Wriglxt l?,d Bews Quentin M. Knipe 94051 f-08lberg.lt2 1111 S. Orchard, Suite 600 • Boise, fdaho 83705 • (208) 344-9700 Fax# (208) 345-2950 TOTAL P.01 JUN 04 '96 11 28 PAGE.01 ~NGINEERI~yG ~~~p~~ BRIGGS J U ~~ - 5 1~~5 INC• ~~TY ®~ ~1~iI?~ June 4, 1996 Mr. Will Berg, City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83680 Re: Gemtone Center No. 2 -Late Comers Agreement Dear Will: Please consider this a formal request to withdraw this item from tonight's city council agenda and reschedule it for the next regularly scheduled council meeting. The draft copy of the late comers agreement has not yet been reviewed by the City Engineer or City Attorney but should be submitted for review by June 6. Please call me if you have any questions. Sincerely, BRIGGS ENGINEERING, INC. ~, tan McHutchison, P. E. cc: Van Elg Tom Wright Ed Bews Quentin M. Knipe 940511-08\berg.lt2 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • . ENGINEER//yG R~,~~D~~i/ BRIGGS ~~~ -3 ~sgs N ~ CITY OF MERIDIAN May 31, 1996 Mr. Gary Smith, P.E. Meridian City Engineer 33 E. Idaho Street Meridian, Idaho 83642 Re: Gemtone Business Center No. 2 -- Status of City's Quit Claim Deed for NE portion of Hickory Street Dear Gary: A couple of months ago, and at your request, we sent you a letter and legal description for a portion of the city's well lot that extends into the proposed Hickory Street (which is being platted as a part of Gemtone Center No. 2). In order to proceed with the platting of Gemtone Center we need to resolve this issue. Gary, would you please review your files and if you need any additional information, please contact Briggs Engineering immediately. We would also like to know an estimated time frame to complete the quit claim of this portion of property. Gary, if you have any questions, would you please contact Stan McHutchison or me at 344-9700. Thank you for your time. c. cc: Shari Stiles -Planning Administrator Will Berg -City Clerk 940511 ~smith.lt4 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 • ~EcE~vEl~ ~r.1GINEERIHG BRIGGS ~,~~~~'9sF. ~ITIi` i._r• '~d1ERIDl<1r° INC• May 21, 1996 Ms. Anna Doty City of Meridian Planning & Zoning 33 E. Idaho Street Meridian, Idaho 83642 RE: Table Item # 14 Dear Anna: This letter is a formal request to table Item # 14 on tonight's City Council's agenda. We have spoken to Wayne Crookston and have received additional information pertinent to the Waterline Extension Reimbursement Agreement. We request a two (2) week delay to give us time to assemble additional information for Council review. Please call me if you have any questions. Sincerely, BRIGGS ENGINEERING, INC. / `c ( ~ ~~Fo"~ Stan McHutchison, P. E. cc: Tom Wright Quentin Knipe 940511\doty.ltr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 ~ ~ MERIDIAN CITY COUNCIL MEETING: MAY 21.1996 APPLICANT: ITEM NUMBER; 14 REQUEST• LATECOMERS AGREEMENT FOR GEMTONE CENTER NO 2 .AGENCY COMMENTS 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: ~ ~ tF US WEST: ~ I l INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: / OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. May 2, 1996 ENGINEER/NG ~BRIGGS~ INC. ~~.;,~ ~` ~ ~~'~ - 3 ~r~4~ Mr. Will Berg, City Clerk City of Meridian 33 E. Idaho Avenue Meridian, Idaho 83680 Re: Gemtone Center No. 2 -Late Comers Agreement Dear Will: While planning utilities for the Gemtone Center Subdivision, Gary Smith and Bruce Stuart want the developer of Gemtone Center to install a 12" water line in Pine Street between Gemtone Street and Eagle Road. Because the water line must be installed before paving Pine Street, and the fact that this property does not require water service from Pine Street, the developer is hereby requesting the city enter an agreement to allow the developer of Gemtone Center to be reimbursed by the developer of the property south of and adjacent to Pine Street when that property is developed. Enclosed for your use is a draft copy of a "late comers agreement" for you and the city council's perusal. (Gary suggested we submit any agreement to council through you) Also enclosed is a copy of the final plats of Gemtone Center # 1 and Gemtone Center #2. Please don't hesitate to call me or Van Elg if you have any questions. Sincerely, BRIGGS ENGINEE ,INC. Stan McHutchison, P. E. Enclosures: Final Plat cc: Tom Wright w/enclosure Ed Bews w/enclosure Gary Smith w/enclosure Van Elg 940511-08\berg.ltr 1111 S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 ~ s I ~~~ I ""~°; z I "~ I a I °tnp M OD71YY 1 I I Y 7 eo~r I ~ I g1 a.ce I I Y ` ~ ornYr I I ¢ I I ` I I ~I~ I ~ a~ , I a I I = i ,.a. I I I I t I I edo, I ~ _ ~-coed. I s - I $ -- I I I I I I I I I I i I I I I I I I I I I I zl R a "~ _ ~I°IY ~~ ~ 41~1~ z~~~~'~ yl R of R I 1 I ~ I ' ~ I I I I I I = 1_n m ~m ~o P '~ 12N I o •~ ~ i i ~ i I i t ~ ~ ~ ~ ~ ~ b' 9 ~ ~~ ~~ I I I ~Q:'9~ma93p~~~~N~~g~w~ .~~;o, ~ .uN o~a~a~.uti-~ I "nfc w~" 3~moQ,eooUOa~R~soa T~s.R a9° ~§~o aSc - - ~._~vn mod. T~n~ ~~ u9o o~ $^ tv° 9T o~'_e'~'c g.nn. ae n. n°rw~ o ~ I I I m{s wus~u =°n's .-~`~ ~. ,aoee~ o0000000000000~ I w° =~X°~^ ~w.~o°^=° ^~=e..,a'~ r oeea°eoe°ao°ooc e, g q S9'$» v° I 1 y1S= on$nonj op~~~_ooy o4^^Sg•~n qga ~~U,~NI~~~~mm~4u~~ I QS; ~,~n"°3§ 6 ao ^"~°- ;^o~.oeV~3g_ ~ C'id,'wC~i~~'-~"„~"-°i~f~d., "~~i Sw :_ ~ nooo w3 ~ n'9coQeo .S u°_ 'I ~.°~ '~50 ~ N~.vNNVN ovtiw~ ~ I "cgs R~°s3o s.go ~ g~o~$S;.no~~~ m`Sa'U°u's~~xv~m~m~ I ~+ °. t_ ~g^~a. ~w?K d9 ~ R°v_.. gg;;3Q° '_.a $U~&u~~~~sa~~u~~. n I obi ~ ~'°~ ~°, c~~.~ oygs ~R ~ 9 ~ °3 38."'. ~,';U%." I a ~s~ i 1cR Cc R~~3 39 ~ 3~ 5:~8~ ~8° -.U.4Nm~~~ a9 ~~~ ~I o~ 9~'~0'• ,R "'4" ° w3o ~ ~$ ~=n ~^ZiFim4mmFmmFF 4' NORT1 EAGLE ROAD s s e s ~~ n L J `L 1=~1 v brC~y ~ Z ~ ~y ~~~~ _~~ D~z 1" ~ ~o • GEMTONE, INC. WATER LINE EXTENSION REIlVIBURSEMENT AGREEMENT THIS WATER LINE EXTENSION REIlViBURSIIVIENT AGR:E:EMENT ("Agreement") is made this day of , 1996, by and between the City of Meridian, Idaho, a municipal corporation ("City"), and Gemtone, Inc., an Idaho corporation ("Developer"). WITNESSETH WHEREAS, Developer owns land known as Gemtone Center No. 2 inside the corporate limits of the City, which land is described or depicted on Exhibit "A" attached hereto, and Developer is willing to construct a twelve inch (12") water main in E. Pine Avenue along the southern boundary of the property, as shown on Exhibit "A", subject to the terms and conditions set forth below. WHEREAS, upon recommendation of the Department of Public Works, the City Council has accepted and approved the proposal of Developer and the City is willing to provide for reimbursement of Developer, subject to the terms and conditions set forth below. NOW, THEREFORE, inconsideration of the foregoing premises and the mutual premises contained herein, it is agreed: AGREEMENT 1. Construction of Facilities. Developer, at Developer's expense, shall design, construct and install a twelve inch (12") water main and related facilities ("Water Facilities") in E. Pine Avenue, in the area shown on Exhibit "A" . Developer shall provide all engineering, surveying and contract administration for the construction of the Water Facilities. 2. Maintenance of Facilities. Upon completion of Developer's work, the Ciry shall inspect the Water Facilities and if constructed in accordance with the Ciry's requirements, the City shall accept the Water Facilities. After the City accepts the Water Facilities, the City shall maintain the Water Facilities at the City's expense. Upon acceptance, the Water Facilities shall become the property of the Ciry. WATER LINE EXTENSION REIlVIBURSEMENT AGREEMENT -Page 1 MM&C 2981.05 05/01/96 • 3. Reimbursement. Subject to the terms hereof, the City shall reimburse Developer for a share of Developer's costs of designing, constructing and installing the Water Facilities as follows: Item 12" Water Line 2 12" Valves Stainless Steel Tapping Sleeve Settlers Canal Under Crossing 10" Tee, 10" Valve, 4" Blowoff and 10" Service Line to Lot 1, Block 1, Gemtone Center No. 1 City Share Developer Share 50 % 50 % 50 % 50 % 50% 50% 50 % 50 % 0% 100% Developer's costs shall include all costs associated with obtaining any necessary permits for the construction of said facilities. Developer's costs shall include an administration fee equal to ten percent (10 %) of Developer's other costs eligible for reimbursement. The City's share of Developer's costs shall bear interest from the date such costs are incurred until such share is paid in full at the rate of percent (%) per annum. 4. Reimbursement to Developer. Reimbursement to Developer shall be made when the property south of and adjacent to E. Pine Avenue is developed. The City shall reimburse to Developer the City's share of Developer's costs by refunding inspection fees, connection fees, "water construction equivalency fees" and/or as otherwise provided by Meridian City Ordinances 5-124a and 5-124b. This Agreement shall terminate when Developer has been fully reimbursed or ten (10) years after the Water Facilities are accepted by the City, whichever is sooner. 5. Compliance with Laws. In constructing and installing said water line within its property, Developer, at its sole expense, will comply with laws, orders and regulations of Federal, State and Municipal authorities. Developer shall indemnify and hold harmless the City from and against any and all liability whatsoever related to said facilities until said facilities are accepted by the City for maintenance, except for any liability caused by the negligence or wrongful act of the City. WATER LINE EXTENSION REIIv1BURSEMENT AGREEMENT -Page 2 MM&C 2981.05 05/01/96 C~ • 6. No Assignment. Developer shall not assign any portion of this Agreement or any privilege hereunder, either voluntarily or involuntarily, without the prior written consent of the City, which consent shall not be unreasonably withheld. 7. Binding Effect. An executed copy of this Agreement may be recorded in the office of the Ada County Recorder and if so recorded shall be an encumbrance which shall be binding upon all of Developer's assigns, or successors in interest to Developer's property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above-written. CITY: DEVELOPER: City of Meridian, Idaho, a municipal corporation Gemtone, Inc., an Idaho corporation By: Robert Come Its: Mayor ATTEST: By: Will Berg Its: City Clerk (qmk\2981.05\agmt\agmt.a) By: Edward L. Bews Its: Secretary WATER LINE EXTENSION REIIvIBURSEMENT AGREEMENT -Page 3 MM&C 2981.05 05/01/96 • STATE OF IDAHO ) )ss. County of Ada ) On this day of , 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared Robert Corrie and Will Berg, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above-written. NOTARY PUBLIC for Idaho Residing at My commission expires: STATE OF IDAHO ) )ss. County of Ada ) On this day of , 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared Edward L. Bews, known or identified to me to be the Secretary of Gemtone, Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above-written. NOTARY PUBLIC for Idaho Residing at My commission expires: WATER LINE EXTENSION REIMBURSEMENT AGREEMENT -Page 4 MMBr.C 2981.05 05/01/96 EXHIBIT "A" Diagram of Property and Construction (to be attached) WATER LINE EXTENSION REIMBURSEMENT AGREEMENT -Page 5 MM&C 2981.05 05/01/96 TRANSPORTATION DEPARTMEr DlSTR/CT 3 P.O. BOX 8028 BOISE, ID 83707.2028 (208) 334-b...,.. MAY 15, 1996 bcc DF DE ADE(e) DTE City of Meridian, Gary Smith A.C.H.D.,Dave Szplett ~~~~~~~ MaY ~ 71~~s Stan McHutchison Briggs Engineering Inc. 1111 S. Orchard, Suite 600 Boise, Idaho 83705 Re: Gemstone Center #2 Dear Stan, S.H.-55 CITY OF MEI~ID1Ar3 The Idaho Transportation has reviewed the plans of Gemstone Center #2. We have no objection to the construction of this approach under permit #3-94-221. You may continue with this development. If you or the applicant have any questions please call Lou Sanchez at 334-8327. Sincerely; lJ~°~ ~~ Gary W. Moles P.E. District Traffic Engineer GWM:LRS;Irs - An Equal Opportunity Employer - ~ i Meridian City Council March 19, 1996 Page 12 Wright: I am not sure I have Mr. Mayor, I think our attorney has though. Mr. Mayor with respect to your agenda we have no quarrel if you want to put this aside and look at it later. The next item on the agenda is fairly important to us. Crookston: It would be my suggestion that you go ahead and approve that subject to my review and approval Morrow: Mr. Mayor I would move that we approve the CC&R's for Gemtone Center subject to the review and approval by City Attorney Crookston. Rountree: Second Corrie: Motion by Mr. Morrow, second by Mr. Rountree that we approve the covenants, conditions and restrictions for Gemtone Center subject to the review and approval of the City Attorney, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT FOR GEMTONE CENTER NO. 2 BY GEMTONE INC.: Corrie: Staff comments? Stiles: Mr. Mayor and Council we did get the response to our comments today, I looked over my portion of the response. The only real item of concern I have remaining is that they do not consider our requirement to have a bike lane on Pine Street to be valid because Ada County Highway District hasn't. required that. However our comprehensive plan does require a bike lane a separate striped bike lane and it is designated as a minor arterial in our comp plan and not a collector as ACHD has referred to it. Corrie: Gary, have all. of your questions been answered? Smith: Mr. Mayor and Council members, we received a response from Gemtone's engineers today and I think in general terms everything has been commented to, responded to. We have a couple of minor questions I guess that we need to ask but they are of little significance. Morrow: Gary, what was the resolution of the issue with the well lot and the access road? Smith: We are having to quit claim a portion of the access road to Gemtone which I don't have any problem with at all in order to complete their extension of Hickory I believe it is. At this time we will maintain the access road as it exists, there is a possibility because they • • Meridian City Council March 19, 1996 Page 13 are piping the ditch that some of that access way could be returned to these owners. However I think that our access road is on the extreme south edge of the 60 foot piece that was dedicated to us by Gemtone originally. So I don't know that a dedication back to them on a portion on the north side of the pavement, paved access way would be of any benefit to them. Morrow: But you are satisfied that everything there with respect to that well lot and the access and covering of the ditch all those issues that we talked about before are pretty well covered now then? Smith: Yes Corrie: I guess I would direct the Council's to Shari's No. 4 item there on Pine Street in reference to ACHD's designation of that as a collector and we have it as a minor arterial in the comp plan with no bike path. Morrow: Say that to me again? Corrie: On Pine Street, Morrow: You just said we don't have it as a bike path, we do? Corrie: We do have it as a bike path they do not. Morrow: And they have changed the designation from a minor arterial to that of a collector? Corrie: Right Rountree: And Mr. Mayor I believe it is shown as an arterial in the destination 2015 plan and that is consistent with our comp plan and I believe we should pursue it that way. (End of Tape) Tolsma: (Inaudible) why is the road width in Treasure Valley Business Center 60 feet and the (inaudible) Elg: I am Van Elg with Briggs Engineering, with respect to the street widths we discussed them with ACHD numerous times and we are concerned also that the widths weren't at 60 feet we asked them if that was required, they told us no that 56 was sufficient. The street section width will not change, the street section will remain the same throughout the entire • Meridian City Council March 19, 1996 Page 14 development in that it is already developed for Treasure Valley Business Center N0. 1 and Gemtone Center No. 2 so that same street section will be available. Morrow: So it will still be 60 feet? Elg: It will be a 56 foot right of way but a 41 back of curb to back of curb street section, 5 foot sidewalks on each side. So 51 feet of improvement. Morrow: So the actually street itself is going to be the same all the way through it is just the right of way has changed four feet. Elg: That is correct. Tolsma: (Inaudible) Settlers Irrigation said they didn't have anything on the pressurized irrigation system, I think Shari Stiles wrote that (inaudible) no plans provided for pressurized irrigation system (inaudible). Elg: Well at this point since each individual lot owner will be addressing landscaping on a case by case basis we don't know what type of landscaping will be there, maybe it will be zero scape since it is an industrial type development. But in any event the landscaping or the irrigation issue was discussed at the first Council meeting and as noted in Stan McHutchinson's letter the developers are negotiating with Nampa Meridian Irrigation District and Settlers for exclusion and I believe that there is a comment in, there was some discussion the first meeting that if we could exclude from the district that those water rights would be transferred out into the district for use in other areas. And that there may be an option of eliminating the pressurized irrigation system. However Mr. Crookston indicated that we would it would require an application for a variance or waiver for that to proceed with that. Once we have figured out what is going to happen with Nampa Meridian and Settlers we will be able to pursue either excluding out and the variance request or simply submitting the plans as addressed by Stan McHutchinson. If we are required to put it in by, if we can't exclude out of the district for this than we simply will provide the pressurized irrigation as required. Tolsma: (Inaudible) how will that affect the final plat if the pressurized irrigation system is not going in or is going in does that affect the outcome of the Final plat on this thing? Smith: Mr. Mayor and Councilman Tolsma, Council, I think the only thing it would affect would be location of easements. If additional width of easements were required for the irrigation lines or pump station. I can't think of any other affect it would have on the plat itself. The irrigation district doesn't sign off on the plat. • Meridian City Council March 19, 1996 Page 15 • Tolsma: I was thinking more of the construction problems though, they are going to have to have something signed, sealed and delivered before the final plat will be approved because of the underground piping for an irrigation system (inaudible) per lot irrigation system for the landscaping. Smith: The installation of the piping would have to be part of the improvement plans for the subdivision. But not part of the plat, the final plat. The improvement plans which include sewer and water, streets would need to show piping for the irrigation system if that is required. Tolsma: (Inaudible) Smith: Before we could approve the development plans yes, right. Elg: And we understand that also. Smith: I guess Mr. Mayor and Councilman Tolsma, Council one other thing before we could sign the plat they would need to if pressurized irrigation was required there would need to be a letter of credit issued to cover that cost of that improvement unless the improvement has been constructed before the plat is signed. And that is in accord with what we have been doing with all plats. Morrow: And that would be agreeable to you? Elg: Yes we understand that. Corrie: Any further comments from Council? Elg: Mr. Mayor I guess for point of clarification perhaps we ought to address the bike path. This was, I guess this was somewhat of a shock to us, none of us realized that the bike path would be required to this point. We have dealt with ACHD and we understand that there has been some conflicts about classification and different streets in the past. I guess we can investigate what that would require of us but at this point we are required to construct a 24 foot wide street section from the center line of Pine Street for that portion we are taking access from. I don't know at this point that we would have plans or that we have adequate room or how ACHD would respond to a bike lane in this area and I would hate to be caught in the middle of a tussle on that. We can certainly provide adequate right of way for that construct the road as required by ACRD and then allow you folks to negotiate that with the Highway District. Cowie: Of course this is not the first time we have had some problems with ACRD and our ~ • • Meridian City Council March 19, 1996 Page 16 comp plan and we are having a discussion with them next month. I guess it is the Council's decision on how they want to handle this. Morrow: Well Mr. Mayor I would think the resolution to that would be between us and ACRD. Obviously we have a difference of opinion as to what the status of that road is and under one scenario there is not a bike lane and under another there is. Our comp plan clearly calls for an arterial and bike lane so I think it is up to us to resolve that whether who prevails at this point I don't know. I would think it would. be in our best interest to press ahead with the bike lane there. Because if I remember correctly that is a corridor, Pine Street is a corridor that ultimately ties us to West Boise and there has been a lot of thought given to making that whole system work. So I think we will take that and handle that. Elg: Thank you Morrow: Mr. Mayor, I would move that we approve the final plat for Gemtone Center No. 2 subject to al staff, ACRD, Irrigation conditions with the exception that the City of Meridian and ACHD will resolve the difference of opinion concerning the bike lane and the classification of the street. Rountree: Second Cowie: Motion made by Mr. Morrow, second by Mr. Rountree, any further discussion? All those in favor say aye? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: VARIANCE REQUEST FOR DOVE MEADOWS NO. 2 SUBDIVISION BY DAVE LEADER: Cowie: Mr. Leader or your representative like to come forward please. Ted Hutchinson, Tealeys Land Surveying, 109 S. 4th St, Boise, was sworn by the City Attorney. Hutchinson: Mr. Mayor and members of the Council, we are seeking a variance of the street frontage requirements for two lots in the second phase of Dove Meadows No. 2. These lots are located on a curve that affects our ability to provide adequate frontage for these. This is also affected by the street location which was predicated by the platting of Dove Meadows No. 1. The change in the street layout with the development of the Avest property there were some changes in the street layout which would have affected ARR 1 1 1"96 SUBDIVISION EVALUATION SHEET ca~rY of ~ERlo~t~ Proposed Development Name GEMTONE CENTER NO. 2 City MERIDIAN Date Reviewed 03/07/96 Preliminary Stage Final XXXXX Engineer/Developer. Briggs Engr. / Gemtone Inc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. "E. PINE AVENUE" "N. EAGLE ROAD" "E. STATE AVENUE" "N. HICKORY AVENUE" "N. ROSARIO STREET" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMM Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire Dept CY REPRESENTATIVES OR DESIGNEES John Priester Terri Raynor Representative Representative Date Date ~ Date ~' 7- ~3~ Date ~" ~' NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index 3N 1 E 08 Section NUMBERING OF LOTS AND BLOCKS ~N m m 5F i !Q s" ~N R . i ~ ~ r I ~~~ M M [ uNn~r~ I I ^~ w ao~r+r [ ssaa- N aoor[r • ~x~r ~ _ _ M 07J11Y [ 7i7.M I M 0071'IY [ ~M.01 N. MIpCORY AV[1VU[ ~~ _ + so-m nays naQgs ~i ~ I I I - ' 1 I ~I ,'~ i f I + ~ '1 ~ v • s I I I 1a~~~^ '~ 1 , p~~ tl ~ ~ I IZ Nm711Y1 ~1U1 I • ~~ ~ ~• ~~ v ~ • g~~~Ir' 1 I ~i 6Ri ]Iaas I ~ i I N < I I - M 0091Y ( ~~ I I Q A~ ~~ S ; 1 I 7RCf 1 nam n i I I ~ s. ~ d ~i i s aozra- . aaaas +mm na.m s mares' • asam ~1 > as-er ^' ~I tl I ~ 1 I i ~ ~ I Q ~ I (p~~ I. ~ ~ w ~ u ~ • ~ ~~ N 5 1 Z I~ +~ 1 I ~= s u s I I ~ s ; ooYS' • I ~ I I • I ~ • I i 1 I '' I b ~ _ _ -_~ I s maces • .oast s mars • pass 1 I - - - N. OEMTONE AVENUE 1 I ~ ~ f ~ t ~~~ ~ ~ I UNPLATTED I ~ OEM70NE CENIEI! N0. 7 I si I I i~~~ •4N+OtlOVOG •4N+G I ~~ ~° + ~1 I >~~'~ ~$K~~fdgsg~4$8$ 1 I I ~~$t~ Yuk~S~.•Smy:{.~kv~ ~ 1 I I I I ~ 5~~5= ~411~~1~P1P?P~44> O•~~ I I 1 ' ~~ ~•Y Iy~ yy Ny yy~~..tt >p> I ~ I AAA i 0O pO pN pU O CO pO pO GO GO pN Op pO O O 1 ICI Q OOOOSOOOOOOOO~N I ~sw I ~ *Sp 4U1//1~ OppU V~y~y1~~{4y~~00N1~f{~~~ O 7' •I = ~ VPPVV44~4VVV~Pn `ii ff~~ ~i ~ ~~MI ~`# 4~~,~~ ~~ g ~~ O ~~ ~ ~ ^ pmkowomNSpBoe'd' tzQ~ ss ~ r Z z ~* ~ ^ I~ oo~w-w'~i~}~iw~o~~g Y• 1 i tl 1'1 F•ry z Y ;I ~ ~ wy~ wy~ NI~ ~p rrJJ ~ g ~ J ~ OI mO~O~ppppP~001p°0~00o00~ ~ J VI ItlI~NOU41•°_0+•011J~N4y ~ n ~ ~ ~ 1~~..~~~~yyl ZZZ2y2y •Z• 22NNN22•2 ~ ~ ~ ~ O ~ N ~ •~ I ~ I y~N~PY;1 VrN N4I~~ ~ ~ C g Pl I q~ni. tnay~~i~~r°4o== i ZC~ ~ y ~ ° I 5~:~°eNkNi6u'yk::~ 3 ps I " ~ a I r^lif~rn•nm•in ~"ii ~ ~ I I ~ I I O O ~ N M ~ {~ O _ _ m I I I 3.a;Eea°erg•e~g~~~q"-q3.4=off;E>3~°~$'°°°$ ` N m p I 8= 1"'='`Q~~ i~4= geg~s°-.£-~~_q[+4+~$Ss ~ I =~~.~~r°'3a Sa3i><pR: ~ ~'i'~sggo?Ra .~a ~ gs s _ sg-Rog^a I I a"__ ~~~i~ a-:~Q=¢ ~q•Y z : = ohs i X93'=g - E8 s :fig; x>~Y I t ;qR~c o~ S. a ~~ ~~ ~- I I '~' 4~$ $ isg8 ~%$3 ~4 ~'s'aS~Sss°`~9 I I y ~~g 4~ E°° 33Qg gY ~ S+~~So3~S45g ~~' I I ~i= ~ 0'~°'3c "ooi tE ~ R qq•g ~;.. ~; I e~ ss R Ray-3 spas F+ °~ -~ ` ~ asx0or~s-• ~'~ ~ ;~' 5$'38 qqI` ~~ sl ~ '" rt NaeTM Ena.E Bono r MERIDIAN CITY COUNCIL MEETING: MARCH 19.1996 APPLICANT: GEMTONE CENTER ITEM NUMBER; ~ REQUEST; FINAL PLAT FOR GEMTONE CENTER N0.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS !~ CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" U,%~ CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: ~ MERIDIAN SCHOOL DISTRICT: ~~(~ MERIDIAN POST OFFICE: ~v 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: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ~ ,. ~lr~'~ 1 1 ~~ ~~ ~ ~v, (~ ~~ V' ~~ ~ ~~ ~~ 811 Materials presented at public meetings shall become property of the City of Meridian. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. 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: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer C-t~~ Re: GEMTONE BUSINESS CENTER NO. 2 (Final Plat - By Gemtone, Incorporated) 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 March 14, 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: GENERAL COMMENTS 1. Any existing irrigation/drainage ditches crossing the property to be included in this project, shall be tiled per City Ordinance 11-9-605.M. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Determine the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions, as prepared by a soil scientist, with development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions to the Meridian City Clerk's Office for review. 5. Provide a statement as to whether the pressurized irrigation system in this development is to be owned and maintained by the Irrigation Dist. or the Lot Owners Assoc. 6. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. C:10FFICE\ W P W IIV\GENEItAI,\GEMTONE2. C-C • • Mayor and Council March 14, 1996 Page 2 7. Prior to the hearing, please address in writing each of the comment within this memorandum, both "General" and "Site Specific", to the City Engineer's office. SITE SPECIFIC COMMENTS 1. Please provide a statement of conformance with acceptable engineering, architectural and surveying practices and local standards. 2. Please submit a copy of the Ada County Street Name Committee's approval letter for the Subdivision and street names. Make any corrections necessary to conform. 3. Please add or revise the following notes: (5) ...Idaho Code Section 31-3805, concerning irrigation water. (11) ...all street intersections per Meridian City Ordinance. 4. Remove the "UNPLATTED" notation above the reference to "GEMTONE CENTER NO. 1", as it will be recorded ahead of this phase. 5. Land Surveyor needs to stamp, sign and date sheet one of two of the Final Plat map. 6. N. Hickory Avenue, W. State Avenue and N. Gemtone Avenue should be platted to a collector street standard (60' width) per ACRD Development Policy 7204.8.1. 7. Why have the portions of E. Pine Street and N. Hickory Avenue, adjacent to Block 3 of this phase, been excluded from this plat ?. 8. The lines designating the clear vision triangle need to have some sort of reference dimension shown so that they can be established in the field. 9. Do any of the existing easements of record that are shown on the plat need to be vacated, and/or rededicated since you are platting over the top of them?. Is it necessary for the roadway and utility easement, shown on Lot 6, Block 2, to remain?. 10. The 10 foot wide easement for the Mountain States Telephone and Telegraph Co. Needs to have some sort of reference dimension shown so that it can be established in the field. C: \OFFICE\ W PW IlV\GENBRAUGEMTONE2. C-C • • Mayor and Council March 14, 1.996 Page 3 11. The dimension shown along the southerly boundary of this development (1366.79') is called out as (1366.76') in the legal description of the Certificate of Owners. 12. There appears to be errors in the legal description of the Certificate of Owners at the following locations: (At curve C-1) Chord bearing N 44°41'24" E should be N 44°41'24" W. (At curve C-4) word Central is duplicated. (At curve C-6) Right direction of curvature should be Left. C: \OFFICE\ W PW IMGENERAL\GEMTONS2. C-C • HUB OF TREASURE VALLEY • 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" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 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 TQ: Mayor and GOUnG11 Mayor FROM: Shan tiles, P&Z Administrator DATE: March 1.5, 1996 SUBJECT: Final Plat of Gemtone Center No. 2 by Gemtone, Inc. ~,~ No . ~ 3~/~/9~ 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 The location of the 10' Mountain States Telephone and Telegraph Co. Easement along the northern boundary of lots in Block 3 may preclude any landscaping along W. State Avenue. What is allowed to be put over this easement? 2. Detailed site plan review will be done during the building permit process. Submit proposed restrictive covenants for Council review and approval. 4. Pine Street improvements are to include a striped bike lane. If City elects to return ownership of well access road to developer, will the adjacent lots be replatted to include this area? 6. Clarify existing utility easement to City of Meridian (Instrument No. 8537988) there does not appear to be an easement delineated. Should this easement be vacated? W!LL1AM 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 Administretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney ROBERT D. CORRIE Mayes 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 12 , 1996 TRANSMITTAL DATE: 3/4/96 HEARING DATE: 3/19 /96 REQUEST: Final Plat for Gemtone Center No 2 BY: Gemtone Inc. LOCATION OF PROPERTY OR PROJECT: South of Fairview Ave ,West of Eagle Road JIM JOHNSON, P2 MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z ROBERT 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 IRRIGATI01~1 DISTRICT IDAHO POWER CO.(PR'ELIM & FINAL PLAT) U.S. WEST(PRELIM ~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8 FINAL PLAT] f_ITV FII PC 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 MAR - 6 1996 C.i1`~ OF MERIDIAN HUB OF TREASURE YAllEY • WILLIAM G. BERG, JR., City Clerk JANICF 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, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83/x42 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivecs License (208) 888-4443 ROBERT D. CORRIE Mayor 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 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: wlarch 12 , 1996 TRANSMITTAL DATE: 3/4/96 HEARING DATE: 3/19 /96 REQUEST:_Final Plat for Gemtone Center No 2 BY: Gemtone Inc. LOCATION OF PROPERTY OR PROJECT: South of Fairview Ave West of Eagle Road JIM JOHNSON, P2 MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT -GREG OSLUND, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH ~'=~` -- - - -ROBERT CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT MAR CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM 8~ FINAL PLAT) .-WALT MORROW, C/C U.S. WEST(PRELIM 8~ FINAL PLAT) C#°~' ~~ tEli#1t1tAW -GLENN BENTLEY, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) -WATER DEPARTMENT BUREAU OF RECLAMATION(PRELIM & FINAL PLAT] -SEWER DEPARTMENT BUILDING DEPARTMENT CITY FILES ~~ ~` OTHER: FIRE DEPARTMENT YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER i"~ b loo-..~- ,~iuJ ~'~ SUBDIVISION EVALUATION SHEET MaR - ~ ~~ss CITY OF MERIDIAN Proposed Development Name_GEMTONE CENTER City MERIDIAN formerly TREASURE VALLEY BUS. CENTER NO. 2 Date Reviewed 02/29/96 Preliminary Stage Final XXXXX Engineer/Developer Briggs Engr. / Gemtone, Inc. The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. "N EA ~ ROAD" "E PINE AVENUE" "GEMTONE" is similar to GEMSTONE and hPrPfnrP rannnt ha ucPd_ The above street name comments have been read and approved by the following .agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT E, GE CY EP ESENTATIVES OR DESIGNEES Ada County Engineer John Priester ~ ~ Date Z z~ ~~ Ada Planning Assoc. Terri Rayn ~ _ Date City of Meridian Representative Date ZT' Meridian Fire Dept. Representative ~~_y'"- ~lJ `~~1~'`'2_G Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index _ Street Index _3N 1 E 08 Section NUMBERING OF LOTS AND BLOCKS ~_f~- <~1~ <' Z~_ i~ ~. • ~~r i.........i: •. J~ Q,~ ,. -~ ~ - - ~ N i ~ m rp 4 fj _ i < + ~ I ^, ~ - - ~-.-------••t. ~. a P ~ V I F- J I ~ ~N~) 4 ~ -- I I ~-- N. HI~CORY AVE. _ _~ 1 C Y. OR1 Y - -~ ~ r, '` ~ ~0 0 V ~ ~ ~ /\\\ I I / 1 I~ m I I ~ ~ I U •N u A ~ ~ I n'1 ~" I N I I D _ _ ~ 3R AVE. ,, D C m ~ i o ~ T ~ ~ ~~ ` I O ~ - !m I V rr I ~ J , t ~ ~ f _ p ~ fT~ I O _ N 5~ ~ ; i `~ ~ I ~F ~ ' ! r 4 I ! ; r N / I ~ N. OLIVE AVE.-- ~`,E ~~ O I' -~ ,ter-- ' i ~I I '~, m; ~ ~_ n~ ; _ ~~ ~ ~ A i _I ~ J ._~ . ~ ml i / --r-~__ ~ ~1, 1 ^~ ~ o . _ I n C Return to: ~ ~ ^ Boise MENT ^ Eagle MAk 0 $ 199$ ^ Garden city Rezone # (Tli° ~f, tVfERiDi~r,' Meridian Conditional Use # ^ Kuna Preliminary /Final /Short Plat ~T~MT~N~ ~~N7~7z 5~~~/iy%si:fo~ /~~~ Z- ^ ACZ ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ' 8. After written approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well interim sewage central water ^ individual sewage ^ individual water ~9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ^ community sewage system ^ community water ^ sewage dry lines central water 10. Street Runoff is not to create a mosquito breeding problem. ^ II ^ 12. ^ 13. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 14. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ child care center ^ beverage establishment ^ grocery store n / / / ~r 15. s7J~c~l l~i1~"~'7Z tii ~i/14yr ~J~7~T ~/'' ~T~/2//~" /S Date: s ~J 4n LI-f7~i ~~~ Reviewed By: (DND 10/91 rcb, rev. I/95 Review eet CENTRAL CENIT~AL DISTRICT HEALTH DEPAR~'IENT •• DISTRICT Environmental Health Division ~11"H~ALTH ~E~E~„ DEPART CENTRAL • • DISTRICT ~1'HEALTH DEPARTMENT: To prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORMWATER MANAGEMENT RECOMMENDATIONS We recommend that the first one half inch of stormwater be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: .1) GUIDELINES FOR TREATMENT AND DISPOSAL OF STORMWATER RUN OFF. Idaho Division of Environmental Quality, Southwest Idaho Regional Office, September 1995. 2) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 1992. 3) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT. Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County 08ke WIC Boise • Meridian EYnore County 08ke Eknore County 08ke ~~ ~ Once 707 N. Armsha~g Po. 1606 Roberts 520 E. 8th Street N. of Envirorrrwntd HeaBh P.O. Box 1448 Boise, ID. 83704 Bo6e. ID. Mountain Home. ID. 190 S. 41h Sheer E. McCd. ID. 83638 Erwiro. Heatlh: 327.7499 83705 Ph. 3343355 83647 Ph.587-4401 Mountan Home. ID. Ph. 634-719d famiy Plarnirp: 327.1400 324 Meridian, ID. 83647 Ph. 587.9225 Inurxr~atioru: 321.7450 83642 Ph. 888-0525 Nuhiliar. 327.7460 • MAIN OFFICE • 707 N. ARMSTRONG PL • BOISE, ID. 83704 • (208) 375'5211 • FAX: 327-8500 WILLIAM G. BERG, JR., City Clerk JANICE L. GASS, City 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 • COUNCIL MEMBERS A Good Place to Live WALT w. MoRROw, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLTERYEE 33 EAST IDAHO MERIDIAN, IDAHO 536{2 , _,-~ D P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-481 0 -~ ~ ~ -? ~ ~~\~ ? ~ `~ ` ~ ~(J ~ _~ ~ ._ M JOHNSON, Chairman Public WorksBuilding Depaztment (208) 887-2 TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 C C p Q 1(Jgs JIM SHEARER G D '~ Q 1 GREG OSLUND ROBERT D. CORRIE ~. i.., ~ ,~~ MALCOLM MACCOY Mayor NANiF~ ~ iv'1%_''' " IRRiGnTlr'4~! G+; ', ,a'T TRANSMITTAL TO AGENCIES FOR COIVIMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: March 12 , 1996 TRANSMITTAL DATE: 2/27/96 HEARING DATE: 3/19 /96 REQUEST: Variance for Dove Meadows Subdivision No 2 BY: Dave Leader LOCATION OF PROPERTY OR PROJECT: Proposed Lots 3 ~ 4. Block 3 of Dove Meadows No. 2 Subdivision JIM JOHNSON, P2 MERiaLRN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERiOIAN 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 -ROBERT CORRIE, MAYOR _ G. NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C 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 & Meridian Irrigation -POLICE DEPARTMENT District has no comment on the variance for Dove Meadows CITY ATTORNEY Subdivision N0. 2. CITY ENGINEER CITY PLANNER ~j~` ~,~,r,~, R; 11 H nson• AS isrant Water Superintendent Nampa ~ MPrirlian T ig~tinn District QFCEIV ~I~~iV~ 1 ~ 199. • • ~ ~. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 11 March 19 9 6 Phones: Area Code 208 OFFICE: Nampa 466-7861 Tealey's Land Surveying Boise 343-1884 109 South 4th Street SHOP: Nampa 466-0663 BOlSe, ID 83702 Boise 345-2431 RE: Land Use Change Application for Dove MeaBows Sub No. 2 Dear Tealey's Land Surveying: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent Dave Leader City of Meridian enc. _:,, ';~ ~,.: ~i APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 S~LERS' IRRIGATION DIST~T P.O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 RG(iEIVEO MAC 0 7 199 CITY ~~ MERIDIAN March 6, 1996 City of Meridian Meridian City Planning & Zoning 33 E Idaho Street Meridian, Idaho 83642 Re: Final Plat-Gemtone Center No. 2 Attention: Shari Stiles, Director Dear Shari: We received the transmittal for the above referenced subdivision and noticed there are no plans to provide a pressurized irrigation system. It is the policy of Settlers Imgation District that a system be provided in all developments where there is an existing water right and the Board decided at the March 5, 1996 Board meeting not to exclude these lands from the District. If you have any questions about, please phone me at 344-2471 Mondays, Wednesdays, or Fridays between the hours of 9:00 a.m. and 3:00 p.m. Sincerely, Vicki R. Keen, Secretary/Treasurer Settlers Irrigation District cc: Briggs Engineering Gemtone, Inc. WILLIAM 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 8: 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 COUNCIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R.TOLSMA EE C GLENN R. BENTLEY 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 TIM HEPPER Motor Vehicle/Drivecs License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: .March 12.1996 TRANSMITTAL DATE: HEARING DA REQUEST:~Inal Phlt for Getntone Center No 2 BY: Gemtone Inc. LOCATION OF PROPERTY OR PROJECT: °' South of Fairview Aye., West o~<1~aafe Rom JIM JOHNSON, P/Z ~MALCOLM MACCOY, P/Z JIM SHEARER, P/Z GREG OSLUND, P/Z TIM HEPPER, P/Z ROBERT 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 REcEIIvED -ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH MAC` ~ S 199 NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT ITV ,~~ MERIDIAN IDAHO POWER CO.(PRELIM & FINAL PLAT U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PREUM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT] CITY FILES OTHER: YOUR CONCISE REMARKS: ~ ~~ J1: ..3' JZo Gulp 4/~ T3~.r 77,/.E' Tn~ ar.*f rot NrE/r1 TOI.ctE '-7C OFFICIALS • HUB OF TREASURE VALLEY • COUNCIL MEMBERS Y , WIWAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer CITY OF 1l~IERIDIAN RONALD R. TOLSMA GARY D. SMITH, P.E., Clty Engineer CHARLES M. ROUNTREE BRUCE D. STUART, Water Works Supt. GLENN R. BENTLEY JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator MERIDIAN, IDAHO 83642 P & Z COMMISSION PATTY A. WOLFKIEL, DMV Supervisor Phone (208) 888-4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman KENNETH W. BOWERS, Fire Chief Public WorksBuilding Department (208) 887-2211 __ TIM HEPPER W.L. "BILL" CORDON, Police Chief ~ ' ! `~ i ' ~ ~' JIM SHEARER WAYNE G. CROOKSTON, JR., Attorney Motor Vehicle/Drivers License (208) 888 ~ ~~ , ~ ~ , ? U ~J I ~= Li~'_ ~-~ I-' GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor ~A~ ~ - 1996 NAMFA ~. a'~7E~fDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS OP~~t~i1~~l~TI' PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: _ March 12.1996 TRANSMITTAL DATE: 3/4/96 HEARING DATE: 3/19 /96 REQUEST:- Final Plat for Gemtone Center No 2 BY: Gemtone Inc. LOCATION OF PROPERTY OR PROJECT: South of Fairview Ave.. West of Eagle Road JIM JOHNSON, P2 _- ___ MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH -ROBERT CORRIE, MAYOR ~NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POWER CO.(PRELIM ~ FINAL PLAT) .-WALT MORROW, C/C U.S. WEST(PRELIM 8~ 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: All laterals and waste ways POLICE DEPARTMENT must be protected. Municipal surface drainages a must CITY ATTORNEY be retained on site. If any surface drainage leaves CITY ENGINEER the site, Nampa & Meridian Irrigation District must CITY PLANNER rrigation water be made review drainage plans. It is recommended that available- to all developments within this Distric~- nili Henson, assistant Water Superintendent Nampa & Meridian Irrigation District ~IA~ 1 8 1996 ~I" t~~ i+Al RIDIAN - ---r------- -rr----~-~~~__ ~_ ~~l=u l~l Lcview prior Lo rinai platting. (;ontact Donna Moore at 343-1884 or 466-7861 for further ;nfnrmar;nn_ MAR-19-1996 16.33 FROM i ~ • i i J ; a .March 18,' 1996 D 1 1 3 44 1 ~I• 1 TO U ~NGINEERJ/yC ~3R1~~:~ rNC. h'ERIDIAN CITY P.01 . Bruce; Frecl~leton sistant ~o city Engineer ~. Idaho Street aridian, ;Idaho 83642 ~ ~ ~: Gemtone Center No. Z I 1 ;~ar Bruce: ~, ~ ; its lettejt is in response to your memo to the Mayor and City Council dated Aharch 14, X96, and Shari Stiles memo to the City Council dated March 15, 1996 regarding the same abject. 'The following comments respond to sirriilarly numbered comments from the ~remeritioned rhemos'. ~uce Freckleton Memo ~neral ~ommetal~: Nq existingirrigation or drainage ditches affect the property involved in Gemtone Center No. 2: ~ ~ i „ ~ Tiijere are no existing domestic wells or septic tanks within the project area e~ccept for city well #~16; Tl~~is will be addressed before the plat is submitted for signature by i9ie dity. I ~• 1 I 40511 i Ttae restrictive covenants and deed restricti©ns will be submitted to the City;Clerk under separate cover. i The developer is currently dealing with the RJampa and Meridian Irrigation pistrict ar~d the Settlers Irrigation District regarding exclusion from their district. During the preliminary plat public hearing'at City Council, it was acknowledged by Council that pressurized irrigation system may not be required for this project- Thai option is being investigated at this time and will be resolved before the plat is submitted to thie City Clerk for signature. Tf~is property is not located within any known flood plain as published by the Federal Emergency Management J~gency. ' 1111 S. Orchard, Suite 600 ~! Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 i MAR 19 '96 15 36 PAGE.01 MRR-19-1996 16 34 FROM TO • • MERIDIRN CITY P.02 BRIGGS ENGIN'EER~N;~C, ~hl~i. tttti S. Orchard, Suite 600 • Boise, Idaho 83705 • (208) 3x5-288~t FAX # (208) 3x5.2950 71 No response necessary. Site Specific Comments: 1 I We will conform.to acceptable engineering, architectural, and surveying practices ' and local standards when preparing the construction plans and the final:plat. 2 ~ Enclosed. 3~ TNese notes have been added or revised on the final plat. i 4 Done. ' i 5) Done. . 6 Please refer to Ctem No. 8 in the Site Specific Requirements from the ACRD staff report dated° January 25, 1996 from Karen Gallagher to Gemtone, Inc. That condition provides fora 56 feet right-of--way even though the streets in Treasure Valley E3usiness~ Center No. 1 were 60 feet. 7~ East Pine Streeitiand North Hickory Avenue adjacent to Block 3 of this phase~have been excluded from this plat because it is not required to construct thesestreets in order to service this plat. Therefore, all sewer, water and streets access will be to the north of this:block, through State Street, rather than on Hickory Avenue. 8 Instrumenfij' No. 8537986 -the provisions of this easements state that onde Hickory Avenue is;dedicated for public us, the easement covered by this instrument No. shall become null and void. 9? Instrument No, .8537988 -this easement was written to the City of Meridian to provide for an easement for the water and sewer lines that were coths#ructed. ~ However, now that Hickory Avenue is being dedicated to the public as a right-of-way the easement is~no longer needed. Typically the easement in this type of situation will be come void when the new right-of--way is dedicated. Please let me know if any additional action on our part is required. . Instrument No. 9034208 -this easement covers a fiber optics cable that has been installed alnd the easement should be retained. Therefore, this easement will remain on the final plat but all other easements will be eliminated. 1;~. Reference dimensions for this easement have been added to the final plat. I 11. This correction has been made on the final plat. 9~iQ511 ~ . MAR 19 '96 15 36 PAGE.02 MRR-19-1996 16 34 FROM • • BRIGGS ~ENGIr~lEER1NG, INC. 1111 S. Orchard, suite 600 • Boise, Idaho 83705 • (208) 34,5-2881 .FAX # (208) 345-2950 1~2. These corrections have been made on the final plat. hari Stiles I ~ 1~. Enclosed far your record is a copy of Instrument No. 9034208 which outlines what can and cannot be done with the easement in question. i ~. Nb response necessar~r. i ~. To be submitted under separate cover. i 4;. Pease note that ACHOi in their staff report dated January 25, 1996 stated that Pine Street is a collector street with no pathway designation. Therefore, it world appear j that ACRD is not requiring a painted bicycle lane on this improved paVernerlt. Also, the width of pavement required by ACHD on Pine Street is not wide $nough to adcornmodate a striped bicycle path. Therefore, we are requesting that a striped bi~ycle lane not be required on Pine Street. ~. If and when the city returns ownership of the well access road, or portions thereof, to; the developer, the additional area will be added to the adjacent lot and no i additional lots will be created. Please see my comment # 9 under Site Spec Comments in Bruce Freckleton's ~ section of this letter. I hope th~s response addresses your concerns. However, don't hesitate to call me if you f~ave an~V questions. i 'ENGINEERING, lnc. Stan McHutchison, P.E. ~nclosed: As noted qc: Tom Wright Ed Bews Van Elg t.~uentin Knipe with foll~iwing enclosures: j i 1. Bruce Freckleton memo dated 3/18/96 9j4o511 ; ~ ~ ' . MAR 19 '96 15 37 PAGE.03 MAR-19-1996 16 35 FROM • TO • MI=RIDIRN CITY P.04 StlSD~/I~IflA1 E~T~ SHEET Prcpo~ed Ds~apM~ Neene' 'nAiE CENTER 1~]. 2 City #IIE[it)LJtN Data ti~svirdd ` Qsle7~98 Pratim~y Stag. Fiaa! XXXXX 6,~ino.r/dov~oiop®r ~. r ~ta~ , tt+e_ . The;.3treet name ~••~listsd below ars made by Zl~e tnett~baas'of the ADAt t~T1f STRS,ET NatME CpIdif1RIT7BE fonder direction ~ the A~ County EnQ~eet1 twardi~ thla dexebpmeM in acc* yvith the NAeridien Ctty Stteat Name Or~attoa. Thy faNew~e tlZ787N7~ ~rr~r ne_e~~ 51'~11~ entloe ~~P ~r nrt tfie ~ ~~ , ' •E. PfNE AVEP~E" . .,,_.w . ~tt_ ,slat F ~ 'E_ STATE A~It~1E' -- _ - •W_ tAli`KOR Y AVEIWI~ ° Ttieifollewine~ ~rnees~i stmt name is annrov ed and .ha u ~~r nn tt~ Q(st nr: . "N. ROSARI O SiAEET ' Thai ebovaj atr~ tame ~omnwsnes ~nre bean reed ~ approved by the foltov+ring agencyr rap~~e coP thb AEE?i~ COII~P!'Y' 6~iEET AI/IME COpllililFTTEE ALL of tfie elpnewree must be ~'sd by the teonesctrtnnivt tx his deaigttea in artier ~[or the street trams ~ be offlclettjl rppravad. . ADA OO<sNTY $Ti1EET 11lAME CO>SipAl'I1P.E.AICY` ~IESENTAT11rE~ OR .~da± Ca~attty John Ptiestar ~ Oaf „~~~ l~da' Piantai~lp AS608. Tern Raynor Days .~ City; of M9rldi8n Rapraeent~etlve eta ~~ ?--~- lVlvt9dfan Are 17apt. Re~raevt~ative Date -~' NOTES A oapgt of tbh ~ltaelbtt eAae! rrnut es prewnad to tlw Ada Caatey ~lttwr ~t'tl+e tnna- of algntnA,aha 'flrret plot', olhan~Nee the ptat awl eoR be tlt! ~,., sub 'Int'Jak smAeitcc Index Stu t ~ ~ 8oetten N1JM8EAiNG OF LOTS ANQ ~.OCICS MAR 19 '96 153? _I ~ ~i ' PAGE. 04 MRR-19-1996 16 35 FROM • ~'---- . O~~RL I {~ 9034208 EasF,~~ p~ TO f1ERIDIRN CITY P.05 • ~-sz2l-la page 1 g/;Q 0 99959 ii/'.a E 9996Q '19[IS EASEMENT, Made as of the ;3~N day o! 1988, between UPLttiO INDUSTRIES CORPORATION, 3 corporation o! the State of Nebraska, Grantor, and THE M~TAIri STA'L'ES TELEPHONE AND TELEGRApg ppHp~~ a cerporatfon of t$e State of eolorado, whose address is 911 Fourteenth S'~'ret, Denver, Colorado 50202, Grantee: i wITNESSETH, That Grantor, for and in consideration of the sum of Ten Dollars (810.00) and other good and valuable , consideration, to it paid by Grantee, the receipt .hereof is iia.~cs~ consessed anti acknowlecgeq, anri in consideration of the co'v~ear~ts and agreements herein contained, has granted, bamgstned, sold and conveyed, and by these presents does gam, ba=gain, sell and convey unto Grantee, and unto its sumasaors at~d assigns, a PERPETUAL EASEMENT Sor a right o! way for the construction, operation, maintenance, ropair, renewal, reeonstrnction, use and removal of comau~ication facilities with necessary appurtenances thereto (hereafter called 'facilities') upon, over, under and along the surlaee of ti~e.ltnd situated in Ada County, Static oP Idaho, described is Ex3sibit A'nereto attached and hereby made a part hereo! ! t~reinafter•relerred to as the 'Right of way^). i RESERVING, however, to Grantor the righi to con- ~ street at any and all times and to maintain :gads,. highways, railroad tracks, pipelines end telephone; telegraph and electric power pole and wire lines over, under and across (but ' inn s'ch a vay as not unreasonably to interfere with) the j facilities of Grantee to be constructed under the terms of this agreement upon the Right of way: it being understood t5at + the right so reserved to Grantor is retained along with the generaY right of Grantor to the use of the Right of way for ~ ''-nl' Pt:rpose no: inCCas~s~e t :ti:.1 the use by Grantee of sai4 'eas~z for the purposes herein defined. T31i5 Easement Deed is made subject to•all• outstanflinq leases and other outstanding rights, including those :or highways and other roadways and rights of vay for irrigation ditches, pipelines, pole and wire lines and the rigsit of Grantor to renew such outstanding leases arfl other outstanding rights and to extend the terms thereof, and subject also to all conditions, limitations, restrictions, enemdyrances, reservations or interests of any person which ;rffis o~~:s~s~r~z c~~~ ~s ~;Q~~s;,~~ .~ ;:~, ACCfli'vilb(CJ.RT~{;h!. ~!?C ~".'a~~~Y ~%~I'r'~:~ f:7 f~EPAESE~kTA?I~,N~ ~:•; TG t7S ' *`'~EG?'. StJFFfv!8}iG'Y, ~C~^.~~~~'iEC't:r ~r atj~ J,j~F;j MATTER' THAT `••lir=~'••i a; ~ELEpyED ~i3 C~ Ju~UFn i7~n~.1• ,x.,,..tL ~,,ts'r,A1r'E//Q~I~.E,:Tv\~ ~1~~7f1 i';L~~1V ~Y: ~I'C<:~: ~• Q~ .'Q+~riT ! ~: V C" .:.4.i_~~ MAR 19 '96 15 38 PAGE.05 MRR-19-1996 16 36 '• ~, ' ~ ~~ _. 1~ ~ • `,. = ;j ;~ al, coriditiort; and. ~• •sr ~4i'~ illfRridQn ~ ''t, „ ,~~ ~~~„ :rantee;'~ upon •' ~"• •: ace of: such; ~~^ry',, 97mA11t~ , ~•gd is not" a`•gdr~ign• ,°s•'1,,.,: tax •Yraso tht~' '•~;'~v~~~:•; !-JS AYLlddvit AACI 3 regulations ••~ ''"~` ~+s is. ~ettache as ';~- ~;~ .~ Y upon:and inur ~ '~ {:,ceseors and; ~ ~r~?~;,•'~ ••' '. :,. :;ri.~ ~.a;. to h~[ve caused • Y:.and. year , fs st ~•~~'~ n{ t4ti~ Presid ~ ,;;~7~~ FROM ;~ .~•,,;+ • ';;;, • • ~~.z. ~ i• r •~„ ~~ ~!~ i ,~, I I, • . ~. •+ • z-X221-1a Page 2 ~ 1~ ~ 99959 . • ~ ~ + PJZai 9 99°60 •`~°may.aflect the•land described in Exhibit A, ~ • , ghrnr.~~,~ _a • Nh@~,th@r recorded • ~ •• It is also understood ,and aq_eed that' for rho • ~Purpose.o! initial eonstz+setion.operatians • •safd facilities, Grantee shall be and herebin co~ction with • uae.thA lend situatel in Ada Count y is'Fermitted to ia.'Exhibit B attached hereto and hYzebyamadefai~~e' deseribed ,It is ex{srESSly understood that art hereof. . shall not under any cireumstanceshext~drary easement Period than one (1)~year from the date of this deed.a period of note Lion of this tamposary easement, Grantee s2ea11 r~stjrera da_ xes+eed the premises described in Exhibit B to its original condition with±~ t+inetY f3C1 days af~er receipt oY aoLice Try- Grantor to perform such aetivities, and it Grantee fails to 60 ~o, Grantor may pertorm sucA activities for the~aceount of Grahtee. • Crante3 agrees that the tacilities shaQl•be cen- strutted, tiairtained and operated by Grantee in such manner as bothtthaeRight ott:taytand theaa~litiostierantee~vi thou expanse tc Grantor, will comply with all requirementseofelaato and of public authority, whether federal, state or +ocal. Grantee shall indemnify,, protect and save harmless Granter, its sucCesaors and assigns iA and •to the subservient °!'1ta, from and against any and all clalms and causes of art.~~ Yon damages to property and injury or death to persons ~+hieh may arise ou: of its construction, installation, main-• tarance, operation, repair, use, renewal or removal of tre facilities to the extant of its negligence therefor. c:rantea hereby agrees that the surface ~f-any Lards owned by Grantor disturbed •!eS the exercise of they ric#hts herein granted.to Grantee shall be rostored and reseeded by :.i•sneee, at Grantees expense, tv a condition at least e4ua1 to flee condition existing be tore said lands were disturbed. I•t is further understoo3 end agreed that CranTee shall not fence the Rig11t of way or nny portion thereof. Zt is expressly node s condition of thf~ Easer..ent Deed ,that tf Grantee shall abrndon the Ri:ht of Way, oz any portion thereof for the prrposes of this tasemene. then and !n that evont all tho rights.herein granted shall cease and determine with respect to the Portion thereat co abandoned, i i PAGE.06 i MAR 19 '96 15 39 TO l~RIDIRN CITY P.06 MAR-19-1996 16 37 i .•i I FROM • TO MERIDIRN CITY P.07 .:1 _ _~ •~:. ,...-x`73' =•:?i~r•?~:~r• ,! :'C*~., ,,,_ 1 ~ • .. •.v Y~, ... ?~.i3Z21-14 t't,'~ 1 • ' .' ; Pagoiy • . ~. ' ~. ~ R/iP 9.94$59 ~ ~ : ~~. , .. -r R)N 9 99960 ' ~ ~ r :~~ .. , •' •• : ^ ,`;,,. , • acid srantea, . at• e e ~ '.• `. . . ; r,hw e!r fts. sol xpetiee, shall reiaove ite ~laoilities .~: . the E%tla thereto stall bo •traed trom tha~b~irdan o ea~sex nt ~ • _.." ~ .. , f Lhis ; provided hovever~ in the avant of each ~ ~'• a~~- '~~e~ground irommnnicatio • aadonmenC' • b ~ ~'• `` ; ` •'~ ~~~,. n ca los or lima ma in pZaca or rgmoved•at Y be'retired t21e option o! CraaCeo t3i8 ab it "•' ~ . and s tfie evont of anment of tha .Right' of kdy, or'any portioA,ta'ereof bye Gsa!ntee, either by Agny ; • • ~ • ••• , ser or otl:attirise; Grantee, upon request o! Granter, shall ive t ~ • ~•:;'„ g o.Grarttor notice ct such abancionme.nt in the dorm of a recordable instrument. ~ , ~f ~ r~"~• Gra?~tor, Federal ID,No. 11-+ Qor'po~atian and vithholdin eign ! 6 . . ~a~ ~~• q o Federal Income Tax Pzcta the amount: realized ,;121` not be r_ade"b • Gr'r tan Y ,,~' •4' rJ , . c:Ertitacation a, AfF:;~.~•j. ._~, ander; Sectio ' prapared ii- ron_ornanca vith IRS regulations n 1~/5 oT the ~ • •~ ' ,; . Internal Reve;iva Code is attached as Ex2iib~t C. '~~~ ~~ ' This Easeannt Deed shall ba binding upon and inure to the benefit of tho partfna hereto th 1 1 ~• , asaians. eir succasEOrs and . •' ~N HITN~SS,i7EiEgEpp, the parties hereto have caused this Easement Dee~ct.to be executed '•'i as of the day and ye~ax fats: herjsin written. . ii In Prese~^e ot: '; : UPLAND INDUSTRIES CQRFOR1lTrpN ~ ; , ` 1 • _ ~,~ ' Rtt6`sx ' pro' w == ~- i an'C ~S~etaty seal) .7 J • • ~--~-c ~ ~- . • . i na ~a se u; it It st t' L: r( Cc C` si a: ee s. v; c• h s f c I , i ~ MAR 19 '96 15 40 PAGE.O? MAR-19-1996 16 38 FROM • ) i . ~ ~ ' ~ ~ I ~ i I , j TO • MERIDIAN CITY P.08 TO i .~._• . .. .i 2-3222-2< i ~ Paaes I ! pag° ` . 3 aye ;~ :range; 1 Idaho, Sect ion to the °:cline, 'east, having :entCdi to the digs of c_ntr51 ~d3E, of the on ttiac ±se t", :broach degaee crier of se i": ~ente~c, a point -o f -raa v !? lire, ~:est, Aav any c2ntc'al .to ttie dies of central '' I, ~ I i i i i .~ ! i i West , i ' n I MAR 19 '96 15 40 i R/14 Q •99959 , ' Ei/iv !x'99960 I. ~ ,~ , 51i,AT~ OF NE3R~5Kc1) .'1 ss: ;COUNTY 7£ COt~LAS) ' , i ' ~ On e15Ls I$r= day of ~_p2~t, 19ES , :before me, a Notary F.ublic in and for said Cocnty in,e.~e ! ~Stata aforesaid, personally appeared '~, „), ii~-~, Kr~S to' ne Isersonall;V knovrz, and to me personally known to be ~ ' Ass~istxni 4ke P.~sS~."y of (JP•i..1I~D IKDUSTRIES ' ;CO;RPORATIOti, a:1d to be the same parson whose name is .sub- sccrkbed to the EoreSoinq iastrvaent, snd who,.peinq by me ' ~G-, UFZ,atPD TN0g5,'DRIrS !CORl'Otv~TION; that thn seal affixed to ~ saad inst-iuaent ~s the corporate seal of said corporations i and~:hat said~insLruz~ent was signed and sealed on behal= of smid cor~ora;tson by authority o: its board of directors; sand the said . W, lJo,.~c. ~1S acknowledged said ir,- stzament to be his free and voluneary act and deed and t.Ze ". tree ind valua-a;."y act and deed o£ said coz'poraition, by it ' ;valuncd:ily executed, for the uses specified '-herei:-. IV WI':N?SS k'1?EZOF, I have !;e:en-to set ~y hs~d and'of:icir,l seal the day and yea: last above l:ittea. ~ , ' :sy Coina+issioa expires Z-Z~-~~ :~esidirg at !~~G~ l~ro1~ , Il1E. ',5?.:ii C'S3.tL L'lIA{,TSIiR d idrah , - ~ , R/l YAAS/Wy . w eesa E,,, rer::e riot 1 ~ ' 1 i i ' 1 1 ~ ~ 1 1 1. '~1 ~ 1 1 ~ . ~ 1 1 ~ ~ 1 ~ 1 ' ~ • i ~ 1 PAGE.08 MAR-: .~ 1 .9-1996 16 38 FROM TO MERIDIAN CITY P.09 :.• ~. ~, .; ~ ,'~• ,• ~. ~~ j ~ ' ~ EXKIHZT ~A TO ~ 2LJ221-1'4 Pags 1 df 3 Pages i ~ ~ ' ' • j ~ ' ! e . I ~ la/'ti :99959 =iris Flo. i ; A ~s;trip~of land, 10.0 or 15,0 feet in vldth, situate in ' tie ~or~beast~t~uacter (NEts) of Section 8, Tgrrnship 3 t4oreA,~ Ranoe 1 I ;., `' ~ ~ - -- -•_-- its, :.pia countyi loano, • ~ ~ ~ I : ~ , I 1 '; ~i 1 t i ' ~ , • i , ' 1 I 1 j ~: I 1' ~~ ~: ~. ...,utdad atxi d scribed as Eollovs: ;I ,, -Com~encinq at the center of said Section :8j i ' • khPnce along the north-sou•tA centerline of said Section ~' ,8. 'iottD O'deyree6 3i minutes 12 feconds East, 400,01 feet to the ' ~ TIUE F~IN'~CiNNIhG; ' ,.hjenc cartinuing along said no;th-south centerline, i N~rts 0 degs~e~s•~3I minutes 12 seconds East, 10.00 feet; • thence South 89 degrees 54 minutes 19 seconds East, 2lOl.i6 Eeec;ro the beginning of a carve, concave southerly, having I ~ a ra3ins 4fr?116B,g7 feet; ! ~t:hence easterly, along said curve, through a central ' a~lt~o_ s ;decrees 77 r_nu-•~ 15 scccr.~s, 90.Si Eaer.• co the ~.._~ts• ginning oi; a reverie curve, concave northerly, having a radius of 148_87 feet.;; ,~ - thence, easterly, along said curves, through a~eentral ~! ~ angle of a;djegrees 27 minutes 13 seconds, 89.31 feeti ' kh+ence South 89 degrees 54 minutes 19 seconds East, 26J.21 feet 'to a ooirt on the southerly prolongation;of the • .astetiy right-nf-Way line of Eoreh Eagle Road, as shove upon that ` ' cF rtaiex map , snarled "Treasure valley Sus3.ness Ceaeer-Phase I", ' ee•:orde^d Jaauar,y 23, 1980, in look 53 of Plats, Pages 4790 through •S'92. ¢ecocds of said•COUaty; tpence alon3 said svueheriy prolangaeion, 10orth~~ degree ' OE. aaias~tss, i5! seconds East, 74'.65 feet to phe soutfieast corner of • ;~cr. 1,.81ock;~ of said "Treasure Valley Business Center-Phase I"; ,I khenee dloaq the southerly line of said Susiness~Cente[, I so:tb 89 deglraes 35 minutes 1S seconds East, 15.00 feet to~a point '~ ~15 0 feet adEmally distant easterly from said eesterly right-of-way ! li:ae; , :; thleace• zaarallel With said vestecly tight-of-vay line, South 1 de rte 03 minutes 45 seconds test, 806:57 feetr ,~ ~ khence North 89 degrees S4 mi~rtutes 19 seconds vest. '•~ 283.03 fEet !to the beginning of a curve, concave northerlyi, having ' a adieus of ,1.58.87 feet; ,! :hence westerly, along said curve. through acentral ' an• !e ai ~: ` ds=::o5 27 mir.u:es i5 seconds, 90.09 feet to -the I i be• irn-ing of; a reverse ,:onus, concave southerly, having a radius of 11 8_8 't j ~; L-~hct vest~erLy, aloaq said e:urve, through' a central ~ le tiE ;~ dleg:ees 27 ~einutes 15 seconds, 90.09 feet; ;~ i ~ tlTeoce North S9, degrees Sd minutes 19 seconds West, ', 2102.a7 :~e~ ~o the T~UZ ?O:D:4 Oe' 9EGINNING. i , J J" . ; ~ ', f - ~ ~~ .;~~ ~ ~ .• ! 4 1 ! t MAR 19 '96 15 41 i, ~~ 1 PAGE.09 MAR-19-1996 16 39 FROM TO I`1ER I D I RN CITY P .10 ~,,.. :, ,. ~.•` ~'. •~ i EXKI9IT ~ TO 2-3221-fit ; ~+~ + t Page 2 0_ 3 Pages ~ti ~ 1 I R/{t 3 49900 ! ~ • ' ~~' S trip No. Z ,; - ` ~ tt stripi ~f laid, !100; feet in width, situate in, the ~ .`:~G .cthwest Quarter ; (NWh) of Section 9, Township 3 North. Range ! + si~;fa !, ask o! `tht Hoi~r: Heridian, ;CEy of Mecidian~ 1Cda County, Idaho, ou d d d ' i d a f S y " nde l a • n escs pe s olloK : + _: '~~ ' ~ Commencing a! the aoiChwest corner of said Section 9; •~~ ~' •' i ~ thence allon4 Cfie u+c N i i n~ n`. sa i ~ f.a~ .: ~ o~ ° . Gou ~ ^ + ' agree 06 minutes i45 secoa<:s Rest, 1.84.99 Pest to a pofnt on the ~~ ~ outher,ly right-o~-way'line of 'Fafr~iev Avenue, said point bring ;;~;.~ ! he TRUE; POINT OF BEGINNING; , ~ • i .:- ~ • ! thence along said s outhe,cly right-of-way line, the ~ ~ allowing five (Sk~coucses: ~- .``' 1 1 3 ~ ~•• 1) .South! 89 degrees. 35 minutes 01 seconds East, 25.01 •';~ ~ ~ feet;' . ,. ~, , 1 Z) N•octh~ 53 degrees 'LO `minutes 32 seconds East. 2L5.55 ~~ ~ f ec a :. ~ ~.:i -- 1 , ' ~ 3) Sout:~~ 99 d'C9rEE5 '~5 ainetos 00 s°ooads Iasi, :? :. JO ~ ~ ! =get; ,~ ~ i 4) Mort°h' 0 ~ degsees :25 minutes 00 seconds East, L0.00 ' ~ feet;' t ~ , S) Southi S9 degrees '35 minutes 00 seconds East, 10c.t.2< ' feet ao a poinX on;the north-soueh eeaterline of said Seetipn 9: 1 , !' ~ ~ thence a~.orrg said rtiortih-soeth centerline. South 0 ee4cees ~; 8 .minuets L4' seconds west, :~O,RO feet to t pafne 10.0 °eec nrmall'y~distant sputhe;ly Eroiasaid, southerly right-of-may line; 1 thence pasallel yithlsaid southerly sight-oPway line, ~' `he fol~oaing five! E5) caurses:~ 1) Nocthl 99 d egree5 3~ minutes OJ seconds west. 2034.17 1 feet; I ! 2) South; A degrees 25 minutes 00 seconds was., 10,00 •~ 3) 1~ozE:L 89 degrees 35 minutes 00 seconds hest, 417,11 ' feetr !~ 6) Soutb~ 58 de:gree•s .; 20 •mi.nutes 32 seconds :lest, 215.56 ' feet;i r ' ~ •~ ~ , ~~ ~ 'S) tQort4 8S degrees' X35 minutes 07 seconds hest, 26.03 +, ,.. feetito a'point.onehe vest line of said Section 9: .. .. I 1~ 1 ' 1 ~ I ~ 1 I ' i + ..`'. ~ ~ .. ' i ~ i E ,~ tft~l.~ 'r~-. ~ 1{Y i `. MAR 19 '96 1543 MAR-19-1996 16 40 FROM rrI • i i ` i 1 > i i, '' + ^i 1 TO MERIDIRN CITY P. 11 • i f i 'I ! i 1 I. ~• ~,, ~ ' rXHIBZT A 'IO ~ ~ ~ 1 _ i 2-3221-14 1 ~ Page 7 of 3 Pages _ ; i 4/M t 9!9960 i 1 1 'I theaep it ~ s4id r1~se line. Nocth 1 degree 0'8 minstes~ x5 ' ~ seconds Edat.'- 1a.6Q Ctet' to M.~e TSVE PCINr OY B170IA'fiIRG. ~ ~ ~`, - . i 1 i .. ~ ...~I : r:•.1~. , 1.: , 1 ; -, ~ 1 1 1 .t ~ . I ~•~ ~ 1 ,ar ' ~~ L i.Mr~..'1C1 I v N ~ i t /. 1: .. M , ~ ,: ;a.. y., y ~ ~ ~. r yy.~ , ~ . ,'. .1 ` ~ 1 1 ~~ 1 L ! ~ .. ~ <.'. :y ~~ L 1 '~Y • ~ ~ ' .~ 1R~hI~~~.R1.1 ~j ,liy' . ~ ~Y~lY:rf'~ ~l_ ~ _ j • . ~. . '1 ~, h.. t f /'11141 ! r / a1W.~f ~ ' `~ i I ~ ~ ~ . 1 ' j ~ ~ 4Ki !<~ ZF Yir ~ `may ~~.• •' ~ rl i 1 1 . : . , ' ~ f '.fig>~.. ~~ ^iR;i. '~e ~?ld~6o '~ • ~~ a' '~' ' ~ ; • ~ II ! 1 1 -.. -. ' ~ i ~ { ' i 1 ' ~ , 9 ' ~i i• MAR 19 '96 15 44 1 1 ! , 1~ St to . bo de sc c `: fo 1 PAGE. 11 as t:t MAR-19-1996 16 42 FR[tl1 TO MERIDIRN CITY P. 12 .~ • ;.` • { ~ j I 1 { ' i i i - {' ' 1 1+ ~ ~ .y ~ ! !) i 1. ~ '' 1 1 la 1 ~ 1 > '! .. ..a i ' I _~..'~k.. i C i,', 1 "~+ -i i e i 3_3221:; `~,: ' -~~~. x J.. n `:/ a c x'~ ~. ~, {~~ ,T ,~~ y t> y . S:~\'.~j 1~.n~C,+,,~1A ~"~~~ ~r~ ;~•, .' ~ i ii I , I' , .(~ {~i ~ 4 t 1 •i j j' S , !FZ'~7152~10dt~.a~~~j.FPI~~X9I.T dN8 Q'RTIPIC~SI4~ ~ ~ i ' ; ~ • 3 ~ ~O`i -AOR~ IC:7 STS?.05 ~: ' See:•foat 1,f~4S;t>~}'421, vt~ 1+:~e I::tacr.a:. a.everile C~iie '~! I j=, ('•~lal' T~ '.7 r ' , !!ei.- :7F`.G''LI:T :f:Y I • , ~ of G?1]AKD Y4,6II5T<1IE5 C ~t?Od>"IIG`1,".ertby eecti.y tie ' I -~ ,{ 3:. ;1+?X.A'~N Iq~71-'a~lt~IES 1CaR~OC11rIQ!{ is got a I ' I ~ ~• ' ~~a+atae3~d~~ a11!e~ ,Eor p:apoaea of U. 5, I 1 j '. 1{ ' 911 ~ 2i. I'~RT.~1C'r ,ha~~'^1 TrS ,rr*~~ne>'•~rn~l~ C_ c . 1 1 1 LL ' I ~ ! i ~.if,,cj 1' Ii~Z. .1 ~~. .~ .:3..:_i:: ::J _~ -e : _i'3: 11', ' ; ~ ~ .rand 1 '1 I , 1~ ', ' - i. 1 ~ ~ ~ 1 ~~ 1 3;, !I~s'balairde s pd~>:gqsa ! a 7<5 ?ark 1~ve:uue, I ~ i ; hev ~oTk., ~evr Yori~ I If 15ri . i , i ! 1 ,~C!?u~~'w.=I1'i4^,i5':i2Ii3 ~G:L%BC:~i.:IG`1 L'7~CC9CL:1C5 :~:L: ! A' `tihta clecYtfi~altlts~ ~ y~!#~e'd 3cloead to the Inees:sal ' I ~ Rev:enuc •Src.nlCe !fig e ,~ I;~ kragferee and tha: aay f~ls@ °state- I I ? N:c~t Bade ;lsbir capld 3IeIpGa s::ed by tine, ia?rfsonsent; or l~ bvt-ti. I ! I I~ I , ; ~ ,~~tlrtd+®r pert.,a~t<iesl oS;i cr2pry d~cla:e 'that• i ):ave • ~ t ~ exaro_rjed :ttie-+ceci~'~ c;stio~;end to tNo teat of xy icnoxiedre t ' ', d and belief it 1~ tuu~,'co=r6et; and camF•Iete. ' '~ ~~ 1 li ~ i ~ 1 I :~~ i i I _ cl 1 1 I ~ •/ 7% -ham I I;I';. ~ , ~ _~ ,I ! 1' o_ae;e r A~2~` ~'S, i9 §,3~ ~ t I 1 777 SWATS •'OP :~'YS~ZZ7L 1 :{) t ' •1 ~ :1~ tst; ) 1 ~ j ' t, I (I ~ ;~ ;OC+l~ll~'S "•;gb.Y o L1D~~~ , I9$ hetora ., ,'; `, ~ ae, a ~:bba=ylld~ {~~' nd nt~ 9aild Coanty ih thr state a;ace said, ;pat9ana3ig;~pp a;F ~ ~ ~. ~r:3r,~;r~ .. to -e ppcsonsll ~ !. krovn' and :o artEp~r b, 11y~kt~Gwn ea 'be ~, ~ c.n •~rkP~ ~,,>• ot~ Qp~,ahd;Ir~ssC~•fta Co, pni~titon, ayd to be t: a ss~se' ?r:sevn r !; , ! , i. .3 t ! • ~ . I, I' 1 1 {~ 1 , I , I ! ~; , ~I !~.. ~,. , `1 i:.il' I • 1..1 ~ ' j ~ I' , ,, • ' ~ , ~ i. ~ i d: .. MAR 19 '96 15 45 - c. .;,' I i ' I ,~ I' i ~ ~. I MRR-19-1996 16 43 FROM TO MERIDIRN CITY •," ~ ~`~ ~ ~~. ~ ~ ~.. ' ~ - ; P. 13 1 - :-21- :. ~~ ~~ .. _ . ao i -~ , ~ : ., • i l 1 i '' 1 ,s ~ .' ~y, I • ~ ~ ~ i I ~ ~. a , r sf.:>segc is qu~ac: iDed •o ~~e ;osroiag !t s:: L.-_ea• ' ' ~R1h4 by, Jr_e d~2y .s+~o:rl, dt~, eay ..fit .a :s ~. ~. a.M_ r..a. 1. ~ ~ ~ u~18a~ IAd.9:: ! t 0 CO' .. ~ ~ +'~ T f .SC^ - ....~ ., , w ) }i 1 .pra:Ioas~;ard t..e ~a ; , ~' ' ~i~;,iree is^ .o.. a:y e- eas Geed. i-d ~. L:cel aad~ 1 v~lw~ta:y~ act an3 deed cE~sa:"_ _a:~yrufo:~, ~y 1'_ ` • •r~._*~Iia:~l; c~ec.ted, Eoc t.`.e ~a.,-~ses spare •:ed-~1eiel- ' - ! i ... , 1 • .-~-- ~•o,r-- ,. ~ , .V st ...~ :, .... I _SS _ r :. j , f '--•- .a a .e.e:. _~ se:I ay ..ar__ ec: ~- • ' o~_~¢.al Iseel :::e :ay a^~! ; ea: :ast abare ,r#::ter ~ 1 , ~ ~, ~ i ~ •~ 1 1 I i. . i t- i '~' , 1 _ ., i , i ~ ~ 1 ' ~ L 1 !, i ' ~ '- (~En4.J ~ I GcGrLC:1R~r:lei;a I I ~ I RA u~W'Sw.:l i ! j ~ , i ~ i .III I Ills ~~ I. III d I ~ I. I I ~ r III II ~ ~ i I I ~ ~ ? ; 1~ ~ ~ i i . , I i I 1' 1 ~ 1 f' t i ~ i ~ ; ~ ~ 1 f i ;• 1 ! 1 , I ;~ 1 4 ~ , i r.i, ii •r 1; ~ i; 1 . , ~ f 1} 1 1 ' ~ , i . ~~ .I~e 1 1 I ~ ~ ~. • 1 i ~ i 1 1 1 r ~ 1 . ~• . ' ~ , ~ ~ , i , • I ~ r .. , ~ , 1' ' -~ ~ ~ ~ _ ., ~ ~ TOTAL P. 13 MAR 19 '96 15 47 PAGE. 13 ** TX CONFIRMATI• EPORT ** AS OF MAR 07 '9~~56 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM 26 03/0? 12 52 3452950 Meridian City Council March 21, 1995 Page 17 MODE MIN/SEC PGS CMDtt STATUS EC--S 03'46" 007 018 OK Post It"' brand fax transmittal memo 7671 w or payee Te ~ I From l' CO. CO. Dept. vnone N F87f M Fbx M Kingsford: I thank everyone for their testimony and certainly those of you that .had concerns if there is anything that wouldn't be a permitted use in an L-O zone you would be re-noticed and testimony would be available again at that point. Thank you. ITEM #7: PUBLIC HEARING: REQUEST FOR A PRELIMINARY PLAT FOR TREASURE VALLEY BUSINESS CENTER PHASE 2, 66 LOTS BY GEMTONE, INC.: Kingsford: At this time 1 will open that public hearing and invite the owner or his designee to speak first. Val Elg, 1111 South Orchard, Boise, was swum by the City Attorney. Elg: Mr. Mayor, members of the City Councl, we are here to present to you the second phase of the Treasure Valley Business Center. Many of you know the history of this project, many of you are aware that it sat undeveloped for quite some time. The owners have decided to move forward on a proposal to develop the project in a means that will provide quite a bit of flexibility for the development of these lots. I will hold this up here, hopefully yvu can see that. The lots here, this development here in phase 2 will create an extension of the existing street system in phase 1..We have the Treasure Valley Business Center phase 1 along this north boundary, line with this irrigation ditch running through here. We have the Yellow Freight and Tri-City Meats and the other structures that are being built here in phase 1. This development here incorporates a design where the lots are rather narrow but buildable. As each land ovvrler wishes they may purchase additional lots to suit their needs for their type of industrial development. In reviewing this application, we found that there is an existing PDG approval that encompasses this site and in addition the property is zoned I-L. A conditional use permit is not required for most uses out here for Industrial uses: The other thing that I might point out this road right here is Pine Street extended, this provides for a means of acquiring additional right of way to extend Pine Street. We discussed that with ACRD, they are in support of what is occurring here. There is also access permits from CTD at both locations of Pine Street and this State Street Avenue extension. Both which empty out onto Eagle. Here again we have access from the north North Olive and at Hickory I believe it is called. As you can see there is ample access we also have a stub street planned for at this point right here heading off to the west. I guess what 1 will do is dive right into some of the conditions for approval. We read over them again and again and discussed them with Shari and with staff. We are quite comfortable with the conditions that have been proposed. It is the intent 1 believe at this point to request platting of the entire development, however, it may in fact become a phased development somewhere in this neighborhood here. This may be the first phase, somewhere in this area here and we will identify that to Shari before we come in with the final plat As far as site specific requirements from public works, they asked us to identifjr the uses for Lot 6, Block 1 and 2 down here. This was originally a railroad spur and as you MERIDIAN CITY COUNCIL MEETING: MARCH 19.1996 APPLICANT: GEMTONE CENTER ITEM NUMBER; i~ REQUEST; COVENANTS. CONDITIONS. AND RESTRICTIONS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ~" ~ CITY ATTORNEY: CITY POLICE DEPT `~ I~ ~~~~ : ~ CITY FIRE DEPT: ,/ , I J~ ` ~ ,~/ ' CITY BUILDING DEPT: „~I,IG ' 1~ ~'~ ~ f i MERIDIAN SCHOOL DISTRICT: ' U~~ /~~ G~ MERID P IAN OST 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. ~~ ~~ Recorded at the Request of GE1i 1TONE, INC. After recording return to: Quentin Knipe NIEULEMAN, MILD & CUNINIINGS P. O. Box 955 Boise, ID 83701 DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS AND GRANT OF EASEMENTS FOR GEMTONE CENTER REcE~v~D MAC ~ 5 1996 CITY OF MERIDIAN r: TABLE OF C0~1'TENTS ~~~ Pave No. ARTICLE 1 DEFINI?70NS .................................... . 1.1 Building ....................................... . 1.2 Building Site .................................... . 1.3 Ceruer ......................................... 1.4 Comminee ...................................... . 1.5 Declaration ..................................... . 1.6 Improvemenus .................................... . 1.7 Landscaping ..................................... . 1.8 Lawns ......................................... 1.9 Occupant ....................................... 1.10 Open Space ..................................... . 1.11 Owner ......................................... 1.12 Sign ........................................... 1.13 Street ......................................... . 1 1 1 1 1 1 1 1 1 2 2 2 2 2 ARTICLE2RECITALS ....................................... 2 2.1 Owner ...........................:............. 2 2.2 Benefit ......................................... 2 ARTICLE3DEGZARATIONS ................................... 2 ARTICLE4PURPOSE ....................................... 3 4.1 Protection ....................................... 3 4.2 Improvements ..................................... 3 4.3 Parking ........................................ 3 4.4 Aesthetics ....................................... 3 ARTICLE 5 CONTROL COM~LITITEE ............................. . 5.1 Establishment and Appointment of ~Ylembers .................. . 5.2 Term ...............:.......................... 5.3 Chairman ....................................... 5.4 Yoting ....... ~ ................................. . 5.5 Control ......................................... 5.6 Limitations and E„~`ect of Actions ........................ . 5.7 Certificate of Compliance ............................. . 5.8 Liability of Committee ............................... . ARTICLE 6 LA1VD tISE/EASF.~LIENT'S ............................. . 6.1 Building Sites .................................... . 6.2 Land Division .................................... . -''- 6.3 ~ Easements ...................................... . s~ 3 3 3 3 4 4 4 4 4~ 5 5 5 5 ARTICLE 7 DEVELOPMF.~VT REQUIRFYIF_iVT'S ........................ 6 7.1 Site Related Requirements ............................. 6 7.2 Building Related Requirements ........................... 8 7.3 Signs .......................................... 8 7.4 Noxious Uses ..................................... 9 7.5 Construction Requirements ............................. 9 7.6 Variances ....................................... 9 ARTICLE 8 APPROVAL OF PLANS AND SPECIFICATIONS ................ 10 8.1 Procedure and Controls ............................... 10 8.2 Rules and Regulations/Guidelines ......................... 10 8.3 Fees .......................................... 10 8.4 Application Requirements .............................. 10 8.5 Subminals ....................................... 11 8.6 Revisions ........................................ 12 ARTICLE 9 MAINTENANCE ..................................... 12 9.1 Owner Responsibility ................................ 12 9.2 Track and Streets ................................... 12 ARTICLE 10 EIVFORCEMEIVT ................................... 12 10.1 Forbearance ........:............................. 12 " 10.2 Nuisance ........................................ 12 10.3 Attorneys Fees .................................... 13 10.4 Inspection ....................................... 13 10.5 Self-Help ........................................ 13 ARTICLE 11 NOTICE TO BE GIVEN BY OWNERS ...................... 13 ARTICLE 12 COMPLIANCE WITH LAW ............................ 13 ARTICLE 13 MORTGAGES, DEEDS OF TRUST ........................ 14 ARTICLE 14 SEVERABILITY .................................... 14 ARTICLE 15 DURATION AND MODIFICATION; MULTIPLE OWNERS ......... 14 15.1 Duration ........................................ 14 15.2 Modification, Terminarion ............................. 15 ~s-3 ~ O~c~~ ~ ~5' THIS DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS AND GRANT OF EASF.tiIE~1T'S FOR GE~i ITONE CENTER ("Declaration") is made this ~ day of ,~G' 1996 by Gemtoae, Inc., an Idaho corporation ("Declarant"). ARTICLE 1 DEFINIT70NS In addition to definitions contained elsewhere in this Declaration, the following capitalized terms shall have the following definitions when used herein. 1.1 Building shall mean the main portion of a roofed and walled structure built for permanent use and all projections or extensions thereof, including, but not limited to, attached garages, platforms, docks and similar facilities. 1.2 Building Site shall mean a tract of real property in the Center as determined by the legal description in a conveyance or lease from the Declarant. If fee simple title to two (2) or more adjacent Building Sites is acquired by the same Owner, such commonly-owned Building Sites may, at the option of said Owner, be combined and treated as a single Building Site for the purposes of this Declaration. 1.3 Center shall mean the real property known as Gemtone Center, located in the City of Meridian, Ada County, Idaho, and more particularly described in Exhibit "A" attached hereto and by reference made a part hereof. 1.4 Committee shall mean and refer to the Development Control Committee established pursuant to Article 5 hereof, its successors and assigns. 1.5 Declararion shall mean this Declaration of Covenants, Conditions & Restrictions and Grant of Easements, including any amendments hereto in accordance with Article 15. 1.6 Improvements shall mean all Buildings, driveways, exterior lighting, fences, Landscaping, Lawns, loading areas, parking areas, railroad trackage, retaining walls, roadways, drainage channels, screening walls, Signs, utilities, wallcways and other structures of any kind whatsoever. 1.7 Landscaping shall mean all Lawns, vegetative ground cover, shrubbery, trees, flowers, vines, earth forms, exterior irrigation systems, earth berms, terraces, retaining walls, fences, decorative rock and similar materials. 1.8 Lawns is a space of ground covered with turf grass, kept mowed, irrigated and . otherwise neatly maintained. DECLARATION OF COVENANTS, CONDITIONS -Page 1 8c RESTRICTIONS OF GE~ITONE CEYTER MM3cC 2981.04 03/6/96 1.9 Occupant shall mean an individual, group of individuals or legal entity, other than an Owner, which has purchased, leased, rented or has otherwise legally acquired the right to occupy and use any Building Site, any Improvement thereon or any portion thereof, whether or not such right is exercised. 1.10 Open Space shall mean the gross land area on a Building Site exclusive of all Improvements other than fences, Landscaping, Lawns, retaining walls, drainage channels and underground utilities. 1.11 Owner shall mean an individual, group of individuals or legal entity which is record owner of a fee simple estate, or which has an equity of redemption, in a Building Si[e. 1.12 Sign shall mean any structure, device or contrivance and all parts thereof which are erected or used for advertising, directional or identificational purposes or any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever, which is placed, posted, or otherwise fastened or affixed to the ground or to structures within the boundaries of the Center. 1.13 Street shall mean any public right-of--way whether or not presently improved. ARTICLE Z RECITALS 2.1 Owner. Declarant is the current owner of the fee simple estate in the real property constituting the Center. 2.2 Benefit. Declarant is desirous of subjecting the Center and all future Owners and Occupants to the provisions of this Declaration for the term set forth herein. ARTICLE 3 DECZARATIONS Declarant hereby declares that all Building Sites in the Center shall be held, transferred, sold, conveyed, leased, subleased and occupied subject to the provisions of this Declaration. DECLARATION OF COVENANTS, CONDITIONS -Page 2 & RESTRICTIONS OF GEI~ITONE CENTER M1b1ScC 2981.0 03/6/96 • ARTICLE 4 PURPOSE This Declaration is made to require development, improvement and use of property in the Center so as to: 4.1 Protecrion. Protect the Owners and Occupants of Building Sites against such use of neighboring Building Sites as might depreciate the value of their property. 4.2 Improvements. Encourage the erection of attractive, permanent Improvements appropriately located to ensure harmonious appearance and functions. 4.3 Parking. Assure adequate off-street parking spaces and off-street truck loading and maneuvering facilities. 4.4 Aestherics. Encourage the development of aesthetic architectural and engineering design, including compatible Landscaping, and, in general, provide a harmonious development that will promote the general welfare of the Owners and Occupants. ARTICLE 5 CONTROL COMMITTEE 5.1 Establishment and Appointment of Members. There is hereby established a Development Control Committee which shall consist of three (3) regular members, appointed initially by the Declarant; provided, however, that so long as Blue Cross of Idaho Health Service, Inc., an Idaho corporation ("Blue Cross") owns a Building Site, Blue Cross shall be one of the members of the Committee. So long as the Declarant owns a minimum of five (5) acres in the Center, the Declarant shall be the appointing authority and shall appoint all members of the Committee and shall have the right to remove any and all members (other than Blue Cross) from the Committee at any time for any reason, with or without cause. Declarant at any time may assign in writing, for a definite or indefinite period of time, this right of appointment and removal, of one or more of said members. When the Declarant no longer owns five (5) or more acres in the Center, a majority of the Owners shall be the appointing authority. 5.2 Term. The regular term of office of each member of the Committee shall be one (1) year, ending December 31, or until such member's successor has been duly appointed. 5.3 Chairman. The appointing authority shall designate one (1) of the appointed members of the Committee to be Chairman. The Chairman shall take charge of and conduct all DECLARATION OF COVENANTS, CONDITIONS -Page 3 & RESTRICTIONS OF GEMTONE CEYI'ER MM3cC 2981.04 03/6/96 • meetings and shall provide for reasonable notice to each member of the Committee prior to any meeting setting forth the place and time of said meeting, which notice may be waived. 5.4 Vorin,. The affirmative vote of a majority of the members of the Committee present at any meeting at which a quorum is present shall constitute the action of the Committee on any matter before it, except that, so long as Blue Cross is a member of the Committee, no action may be taken without the consent of Blue Cross unless Blue Cross fails to attend a meeting after reasonable notice. At least two (2) members must be present in person to constitute a quorum. The Committee may also take action without a meeting by unanimous written consent of its members. 5.5 Control. Except for Lnprovements which may be installed by the Declarant for the benefit of one or more of the Building Sites in the Center, no Improvements shall be made or altered on any Building Site nor any such work commenced until full and complete plans and specifications for such Improvements have been approved by the Committee, provided that alterations or remodeling which are completely within a Building and which do not change the exterior appearance and are not visible from the outside, may be undertaken without such approval. All construction shall be in accordance with approval. 5.6 Limitarions and Effect of Acrions. The approval or consent of the Committee on matters properly coming before it shall not be unreasonably withheld, and actions taken shall not be arbitrary, capricious or discriminatory. Within such limits, however, decisions of the Committee shall be conclusive and binding on all interested parties. 5.7 Certificate of Compliance. Upon payment of a reasonable fee, set from time to time by the Committee, and upon the written request by any Owner, the Committee shall mail or deliver within thirty (30) days from receipt of the request, a certificate in recordable form stating whether or not the Building Site of such Owner is in violation of any provision of this Declaration. Said written statement shall be conclusive evidence of the facts stated therein in favor of the persons who rely thereon in good faith. If the Committee fails to mail or deliver such statement within said thirty (30) day period, the Building Site shall be conclusively presumed to be in conformance with this Declaration as of the date of receipt of such request. All references to days in this Section shall mean business days. 5.8 Liability of Committee. Neither the Declarant, the members of the Committee, or their officers, directors, agents, representatives, successors or assigns of the Declarant or such members shall be liable in damages to any person or entity submitting plans and specifications for approval, or to any Owner or Occupant of any Building Site or any other person by reason of mistake in judgment, negligence or nonfeasance arising out of or in connection with the approval process or the actions of members of the Committee when acting in that capacity. Every person or entity agrees, by submission of such plans and specifications, and every Owner . and Occupant of any Building Site within the Center agrees, by acquiring title thereto or an DECLARATION OF COVEN?u'~iTS. CONDfTIONS -Page ~ & RESTRICTIONS OF GENITONE CENTER M;~l&C 2981.04 03/6/96 interest therein, or by taking possession thereof, that such person, entity, Owner or Occupant will not bring any action or suit against the Declarant, the members of the Committee, or their officers, directors, agents or representatives, to recover any such damage. ARTICLE 6 LAND USE/EASF.~LIENTS 6.1 Building Sites. Building Sites within the Center shall be used for high quality office purposes and similar uses which do not constitute noxious uses as described in Section 7.7 and which otherwise contribute to the implementation of and are consistent with the statement of purpose set forth in Article 4 of this Declaration. The term "similar uses" shall include facilities for the assembly of light technical equipment and research and development laboratories which are architecturally compatible with high quality office uses. 6.2 Land Division. Except for land owned by the Declarant, no Building Site may be divided or subdivided without the prior written consent of the Committee. In connection with the consideration of a request by an Owner for consent to one of the above, the Committee may request such reasonable information as it deems necessary or desirable. After receipt of such information, the provisions for response and for challenge contained in Section 8.1 shall be applicable. 6.3 Easements. 6.3.1 Utiliry Easements. Each Owner and the Declarant, as grantors, hereby grant to the Declarant and the their Owners, as grantees, for the benefit of all property in the Center owned by the Declarant and each Building Site in the Center owned by the other Owners, a non-exclusive easement under, through and across the ten feet (10') of any lot shown on any official plat of any portion of the Center adjacent to any Street and the' five feet (5') adjacent to all lot lines not adjacent to a Street for the installation, repair, replacement, maintenance and operation of public utilities (including, without limitation, water mains, sewers, telephone lines, electrical conduits or systems, gas mains, television cables and fiber optic cables), drainage systems or structures and street lights (in the case of an easement area adjoining a Street only). The grantees utilizing such facilities shall bear all costs related to the installation, operation, maintenance, repair and replacement of such easement facilities, shall repair to the original specifications any damage to the surface resulting from such use and shall provide as-built plans for all such facilities to the Owners of all lots upon which such utility lines and facilities are located within thirty (30) days after the date of completion of construction of same. Each Owner agrees to grant such additional easements as are reasonably required by any public or private utility for the purpose of providing the utility lines and facilities described herein provided such easements are not otherwise inconsistent with the provisions of this Declaration. DECLARATION OF COVENANTS, CONDfrIONS -Page 5 8c RESTRICTIONS OF GEMTONE CENTER MM3cC 2981.04 03/6/96 • 6.3.2 Sian Easement. The Owner of Lot 1, Block 1 of Gemtone Center No. 1 as shown on the official plat thereof recorded in the official records of Ada County, Idaho, hereby grants to the Declarant and such other owners of Building Sites in the Center as may be designated by the Declarant, as grantees, for the benefit of the Iots and Building Sites owned by same an easement under, through and across a portion of said Lot 1, Block 1 of Gemtone Center No. 1 for the installation, operation, maintenance, repair and replacement of one (1) permanent free-standing sign and all utility lines and facilities appurtenant thereto and temporary marketing signs announcing that Building Sites are available for sale or rent. Such signs shall generally be located near the southeast corner of said Lot 1, Block 1, in a location mutually acceptable to Declarant and the Owner said Lot 1, Block 1. The design of the permanent free-standing sign structure and the sign fascia used thereon shall be subject to the approval of the Committee. The design of temporary marketing signs shall not be subject to approval of the Committee. ARTICLE 7 DEVELOPMENT REQUIRF.~IIENTS The following requirements shall apply to the development and improvement of each Building Site and shall constitute restrictions on the property in the Center. 7.1 Site Related Requirements. 7.1.1 Required Setbacks. All Buildings shall be setback the following minimum distances: A. From property lines abutting Eagle Road -fifty feet (50'). B. From property lines abutting Pine Street -thirty feet (30'). C. From property lines abutting all other Streets -twenty feet (20'). D. From property lines not fronting on a Street -five feet (5')~for side yards and twenty feet (20') for rear yards. ~~~Qi~~ ~ - Subject to the approval of the Committee, underground Building ~d 6 components such as storage tanks or vaults may be placed within the setback areas. 7.1.2 Screening of Service Faciliries and Storage Areas. Garbage and refuse containers shall be contained within Buildings or other enclosed structures, or shall be concealed by means of shrubbery or solid screening walls or fences of no less than four feet (4') in height of material similar to and compatible with that of the Building. Fuel and other storage tanks and bins shall be installed underground wherever practicable or screened from public view. No DECLARATION OF COVENANTS, CONDITIONS -Page 6 & RESTRICTIONS OF GE~VITONE CENTER VL~13cC 2981.04 03/6/96 i ~ materials, supplies or movable equipment (including, without limitation, fleet automobiles parked overnight) shall be stored in any area on a Building Site except inside a closed Building or behind a visible barrier which screens same so they are not visible from neighboring Building Sites or Streets. Such screening walls, barriers and fences shall be integrated into the Building and site plans and designed so as not to attract attention and shall be inconspicuously located. 7.1.3 Exterior Lighting. All exterior and security lighting shall have underground service, and shall be designed, erected, altered and maintained by the Owner and Occupant of the Building Site on which it is located, and shall be compatible and harmonious throughout the Center. 7.1.4 Drainage. The Owner of each Building Site shall submit to the Committee a drainage plan in conjunction with Building and site plans. The drainage plan shall be certified by a licensed engineer qualified in drainage design. Building Site drainage Improvements shall be designed so as to limit surface water discharge from a Building Site to a rate not to exceed the discharge resulting from atwenty-five (25) year storm under pre-development (natural) conditions. 7.1.5 Open Space/Landscaping. Open Area shall equal or exceed ten percent (10 %) of the gross land area of each Building Site, and shall be landscaped. Each Owner or Occupant within the Center shall be responsible for the construction, installation and maintenance of functional and aesthetically suitable Landscaping on the Building Site. Such" Landscaping shall be installed only after complete Landscaping Plans therefor have been submitted to and approved by the Committee. Landscaping shall be capable of preventing soil erosion under normal surface runoff conditions. Earthen berms at least three feet (3') in height shall shield all parking areas from view from the surrounding Streets. Approved Landscaping shall be installed within six (6) months of issuance of a Certificate of occupancy for the Building, weather permitting. 7.1.6 Easement Areas. Within the easement areas reserved on the plat(s) of the Center, no structure or planting or other Improvements shall be placed or permitted to remain which may damage or interfere with the installation, operation or maintenance of utilities for which the easement was intended. 7.1.7 Drivetivays. The design and location of driveway cuts onto Streets shall be approved by the Committee. 7.1.8 Fences. No fence shall exceed eight feet (8') in height. Unless otherwise approved by the Committee, any fence visible from a Street shall be constructed of materials similar to or compatible with those materials used in the Building. Chain link fences are discouraged but, upon a proper showing of need and compatibility, may be allowed upon Committee approval. DECLARATION OF COVENANTS, CONDITIONS -Page 7 ,4z RESTRICTIONS OF GEMTONE CENTER ~fM3cC 2931.O~t 03/6/96 • • 7.2 Building Related Regtcirements. 7.2.1 Temporary Structures. No temporary Building or other temporary structures shall be permitted on any Building Site except as' permitted in this Subsection. Construction trailers, temporary Buildings, equipment, materials and the like shall be permitted for construction purposes during the construction period of a permanent Building. Such temporary structures, equipment and materials shall be removed not later than thirty (30) days after the date of substantial completion of the permanent Buildings. 7.2.2 Exterior Materials, Colors. Architecturally and aesthetically suitable Building materials shall be applied to or used on all sides of a Building which is visible to the general public and shall be harmonious and compatible with colors of the natural surroundings and other adjacent Buildings. Unless otherwise approved by the Committee, steel shall not be an acceptable exterior material. 7.2.3 Height Limits. No Building (including any equipment installed thereon) shall exceed forty feet (40') in height. 7.2.4 Utilities -Mechanical Equipment -Roof Projections. A. All utilities, including electrical, water, sanitary sewer, storm drainage, gas and telephone, shall be underground. Pad-mounted transformers, switchgear and similar equipment which must be installed above aground shall be screened with suitable Landscaping consistent with the requirements of the utility provider. B. All mechanical equipment shall be located or screened so as not to be visible to the general public from Streets, or from the front view of other Building Sites. Mechanical equipment screening walls shall be of design and materials compatible with those of the Building. Antennae shall be visually masked to the extent practicable and consistent with operation requirements. 7.3 Signs. The location, type, size, design and material of all Signs shall be approved in writing by the Committee~0 ~y~ e following types of Signs are al,,~owed: ~ ~ " j,.r,~ fil„t , 7.3.1 Public necessi sins ident' ing danger or hazard on or~th~Building t3' ~ ~Y ~ b Site or Building. 7.3.2 Property Signs offering the property for sale or lease, or announcing contemplated Improvements. 7.3.3 Signs identifying the Owner or Occupant of Buildings. DECLARATION OF COVENANTS, CONDITIONS -Page 8 3c RESTRICTIONS OF GEMTONE CENTER N1v13cC 2981.04 03/6/96 • • facilities. 7.3.4 Service Signs giving information to the public such as directions to parking 7.4 Noxious Uses. No trades, services or activities shall be conducted on Buildings Sites within the Center, nor shall anything else be done thereon which may be or become an annoyance or nuisance to the Owners or Occupants of adjacent properties, including, without limitation, by reason of unsightliness, excessive emission of fumes, odors, glare, vibration, gases, radiation, electrical disturbance, fire hazard, dust, liquid waste, smoke, debris, water pollution, air pollution or noise. 7.5 Construction Regccirements. 7.5.1 Site Preparation. All Building Sites are to be cleared and excavated in a workmanlike manner with consideration for surrounding Building Site Owners and Occupants. All dirt and debris not to be used in construction are to be removed from the Center or stockpiled in an assigned location approved by the Committee. 7.5.2 General Damages. The Owner and the Owner's agents shall be responsible for repairs of any damage which may occur during excavation to sidewalks, Streets, utilities or other existing Improvements on or off the Building Site. Owners and their agents shall inspect any Improvements installed by Declarant prior to commencement of construction and-report any problems to the Committee. Unless otherwise notified prior to commencement of construction, any Improvements installed by Declarant shall be considered in good repair and all damages occurring during construction will be the responsibility of the Owner and the Owner's agents. Said repairs shall be made immediately upon occurrence. 7.5.3 Constnccrion Maintenance. Job sites are to be kept as clean as possible during construction. All dirt, nails, gravel and other building materials must be promptly removed from Streets and sidewalks. No materials are allowed to be kept on adjoining Building Sites. Street and curbs shall be protected at all times. All construction sites must be free of materials and debris prior to each weekend. Dumpsters are the responsibility of the Owner and shall be located as designated by the Committee. Said facilities are to be kept orderly at all times and emptied or serviced on a timely basis. 7.6 Variances. The Declarant, or any Owner or prospective Owner, may apply to the Committee for a variance in the development requirements set forth in this Declaration, for purposes of the development and improvement of a particular Building Site. The Committee may grant or deny such application for a change or a variance, subject to the following conditions. 7.6.1 The change or variance sought must be due to extraordinary or exceptional circumstances, be reasonable and not impose a hardship on adjoining Building Sites. DECLARATION OF COVENA,YfS, CONDITIONS -Page 9 3c RESTRICTIONS OF GEVtTONE CENTER MM&C 2981.04 03/b/96 • • 7.6.2 The granting of a variance by the Committee shall not be deemed as a waiver to any provision of this Declaration beyond the particular situation for which the variance is granted. ~~,~ , f _ ~/ ~ `~~~ ~/ ~~ 6 'tti.c, y ~ ..~~`L.~~a ;~.,~p_AP~'ROVAL OF PLANS SPECIF~ TI ~N~ ~ ~ v~~~~/~~_ _ ~"`'y ~ R ~""7 8.1 Procedccre and Controls. All submissions to the Committee for approvals required by this Declaration shall be made in accordance with this Article 8. In the event the Committee fails to approve or disapprove a proposal within thirty (30) days after said proposal has been submitted in such form as may be required by the Committee, the Applicant may deliver to the Committee a written notice of inaction. Should the Committee fail to respond within five (5) days of receipt of the notice of inaction, the Applicant may consider the proposal approved, except in the case of a variance request which shall be considered disapproved. All references to days in this Section shall mean business days. 8.2 Rules and Regtclations/Guidelines. The Committee is hereby empowered to adopt rules and regulations to govern its procedures, including such rules as the Committee may deem appropriate and in keeping with the spirit of due process of law. The Committee is further hereby empowered to adopt guidelines as it shall deem appropriate and consistent with the provisions of this Declaration, with regard to matters subject to the Committee's approval, including matters of design, materials and aesthetic interest. 8.3 Fees. The Committee may establish, by its adopted rules and regulations, a fee schedule to be paid by each Owner or Occupant submitting plans and specifications to the Committee for approval. No submission for approval shall be considered complete until any such fee has been paid. Such fee shall not exceed such reasonable amount as may be required to reimburse the Committee for the costs of professional review of submittals. 8.4 Application Requirements. All proposals submitted for approval must contain the following: 8.4.1 Site Plan. Complete Building Site plan showing the exterior perimeter of the Building Site, proposed location of all structures, parking areas, utilities, loading areas, trackage, driveways, walkways, Signs, easements, setbacks, storage, Landscaping, trash areas and storage tanks. 8.4.2 Architectural Plan. Complete set of architectural plans and elevations showing Building elevations, ground floor plans with fuushed floor elevations, building materials and colors, brief description of mechanical, electrical and structural systems, including the DECLARATION OF COVENA.~ITS, CONDITIONS - Pagc 10 3c RESTRICTIONS OF GEiVITONE CENTER ~[v13cC 2931.04 03/6/96 • • treatment of screening of all mechanical equipment and mechanical screen details, elevations, etc., and exterior site lighting (including fixture selection). 8.4.3 Site Engineering Plan. Complete engineering plans showing surface draining and grading; utility connections; above b~round utilities and appurtenances; means, methods and devices to protect existing pavements, curbs, Landscaping and other existing Improvements; and exterior lighting including the signage. 8.4.4 Physical Inspection. Statement of a date when the Committee can make a physical on-site inspection for the purpose of viewing and approving the layout of the proposed structure on the Building Site. 8.4.5 Use. A description of the proposed uses of the Building Site and any accessory uses and a comment on their suitability under the provisions of this Declaration and the ordinances of the City of Meridian. 8.4.6 Signage Plan. Complete plans and specifications for all signage including all sign fascia and Sign structures. . 8.4.7 Other. Any other information which may be reasonably required by the Committee in order to ensure compliance with the requirements contained herein. 8.4.8 Fee. Payment of any Development Review Fee required by the Committee. 8.5 Submittals. All submissions to the Committee shall be in duplicate originals and addressed or delivered to: Gemtone, Inc. c/o Thomas T. Wright Company 1412 West Idaho, Suite 207 P.O. Box 2727 Boise, ID 83701 or any such address as the Declarant shall hereafter designate in writing by notices addressed to the Owners and Occupants. 8.5.1 Upon receipt of approval from the Committee, the Owner or Occupant shall diligently proceed with the approved work. If the work is not commenced within one (1) year from the date of approval, then the approval shall automatically expire. Upon the showing of hardship or cause by the Owner, the Committee may, in writing, extend the one (1) year time . period. Once commenced, all work shall be diligently prosecuted to completion. DECLARATION OF COVENA,~ITS, CONDITIONS -Page 11 & RESTRICTIONS OF GEVtTONE CENTER Vt1~i&C 2981.04 03/6/96 • 8.5.2 Approval of plans by the Declarant or the Committee maybe secured prior to the acquisition of a Building Site pursuant to the terms of a sale contract. 8.6 Revisions. In the event an Owner or Occupant desires to deviate from an approved proposal, the Owner or Occupant shall submit a revised application indicating the proposed changes from the approved proposal. Said revised application will be reviewed and approved or disapproved in the same manner as an original application. ARTICLE 9 MAINTENANCE 9.1 Owner Responsibility. Each Owner and Occupant shall be responsible for keeping the Building Site (whether or not improved), Buildings and other Improvements, including, without limitation, Lawn and Landscaping, maintained in a safe, clean, neat and orderly condition and shall prevent rubbish, unused equipment or machinery and the like from accumulating on the Building Site. 9.2 Track and Streets. Such maintenance shall include any railroad track areas within Building Sites and all Streets and sidewalks adjacent to each Building Site that are not maintained by local, county or state governments. ARTICLE 10 ENFORCEMENT 10.1 Forbearance. Enforcement of the provisions of this Declaration shall be by an appropriate proceeding at law or in equity against any person, corporation or other entity violating or attempting to violate such provisions, either to restrain such violation, to enforce liability, or to recover damages, or by any appropriate proceeding at law or in equity against the land to enforce any lien or charge arising by virtue thereof. The Declarant and the Committee shall not be liable for enforcement or for failure to enforce said provisions. Failure of the Declarant, the Committee, or any Owner or Occupant to enforce any of the provisions of this Declaration shall in no event be deemed a waiver of the right to do so. 10.2 Nuisance. The result of every action or omission whereby any restriction or covenant herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against any Owner or Occupant creating or allowing a nuisance shall be applicable against every such result and may be exercised by the Declarant or by any Owner or Occupant. DECLARATION OF COVENANTS, CONDITIONS -Page 12 & RESTRICTIONS OF GENITONE CENTER M~f&C 2981.04 03/6/96 • • 10.3 Attorneys Fees. In any legal or equitable proceeding for the enforcement or to restrain the violation of this Declaration, or any provision hereof, the party or parties judged to be in violation shall pay the attorneys' fees of the prevailing party or parties, in such amount as may be fixed by the court in such proceeding. All remedies provided herein or the law or in equity shall be cumulative and not exclusive. 10.E Inspection. After reasonable notice to an Owner, the Declarant and any member of the Committee may from time to time at any reasonable hour or hours enter and inspect any portion of a Building Site to ascertain compliance with this Declaration. 10.5 Self-Help. In the event the Owner or Occupant fails to comply with the provisions of this Declaration, the Committee, at its sole discretion, may notify said Owner or Occupant of such noncompliance in writing, detailing any and all work which must be performed by said Owner or Occupant to bring said Building or Building Site into compliance with this Declaration. If said Owner or Occupant fails to perform such work within thirty (30) days after receipt of notice of noncompliance, then, and in that event,. the Committee may perform any and all necessary work detailed in the noncompliance notice and submit all costs and expenses therefor to said Owner or Occupant for prompt payment. If said Owner or Occupant fails to reimburse the Committee for such work within thirty (30) days thereafter, the Committee may collect all such costs and expenses through any appropriate proceeding at law or in equity or may file against the property of said Owner or Occupant a real property lien in an adequate amount to cover all costs and expenses incurred by the Committee in connection with said work, and foreclose said lien, in like manner, as a mortgage on real property under Idaho law. Said lien shall be subordinate to all mortgages and deeds of trust of record at the time a notice of said lien is first filed of record. ARTICLE 11 NOTICE TO BE GIVEN BY O~irNERS Any Owner of a Building Site who shall transfer any title to or create any right of occupancy of such Building Site or portions thereof, shall give written notice to the Committee of the identity of the new Owner or Occupant and shall give said new Owner or Occupant notice of the requirements of this Declaration. ARTICLE L COMPLIANCE WITH LAW Zoning ordinances, building codes, fire codes and any other governmental laws and regulations applicable to Building Sites in the Center, including, without limitation, all federal, state and local laws relating to the handling, storage and disposal of hazardous wastes, shall be DECLARATION OF COVENANTS, CONDITIONS -Page l3 & RESTRICTIONS OF GENtTONE CENTER NtM&C 2981.04 03/6/96 • • observed. In the event of any conflict between this Declaration and any such governmental laws and regulations, the more restrictive standards shall apply. Any approval given by the Committee and any variance granted shall not in any way relieve Owners and Occupants from obtaining approvals required by ~ any governmental body having jurisdiction, including, without limitation, the Ada County Highway District, the City of Meridian and any irrigation districts within which the Center is located. Each Owner or Occupant shall give written notice to the Declarant and the Committee of any violation or alleged violation of such laws and regulations related to the Building Site of such Owner or Occupant, and shall indemnify, defend and hold harmless the Declarant and the Members of the Committee from and against all claims, liabilities, losses and costs of any kind arising out of a failure to comply with any such laws and regulations. ARTICLE 13 MORTGAGES, DEEDS OF TRUST Breach of any provision of this Declaration shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value with respect to property within the Center, but said provisions shall be binding upon and effective against any Owner of said premises whose title thereto is acquired by foreclosure, trustee's sale or otherwise. ARTICLE 14 SEVERABILITY Invalidation of any one or more of the provisions of this Declaration by judgment or court order shall in no way affect any of the remaining provisions, which shall remain in full force and effect. ARTICLE 15 DURATION AND MODIFICATION; MULTIPLE 0~1~1VERS 15.1 Duration. The covenants, conditions and restrictions set forth in this Declaration shall run with and bind the land within the Center, and shall remain in effect, and shall inure to the benefit of and be enforceable by the Declarant, the Owners, the Occupants, and the Committee for a term of fifty (50) years from the date this Declaration is recorded. The rights specific to Blue Cross shall not be assignable. The provisions of this Declaration shall automatically extend for consecutive periods of ten (10) years each, unless at any time after the commencement of an extension period, Declarant (so long as the Declarant owns any real property or any interest in part of the Center), or the Owners by atwo-thirds (2/3) vote (if the DECLARATION OF COVENANTS, CONDITIONS -Page 14 & RESTRICTIONS OF GEMTONE CENTER M,~[~ScC 2981.04 03/6/96 ~ ~ Declarant no longer owns any such interest), execute and record a termination agreement terminating the provisions of this Declaration. 15.2 Modification, Termination. This Declaration may be amended or terminated by the Declarant so long as the Declarant owns a minimum of five (5) acres in the Center, and otherwise by athree-quarters (3/4) vote (with each lot in the Center owned by Declarant and each Building Site owned by others being entitled to one [1] vote). Amendments to or terminating of this Declaration shall be by an instrument in writing, properly executed, acknowledged and recorded with the Ada County Recorder. If any Building Site is owned by Blue Cross, its approval shall also be required for any amendment or termination of this Declaration. 15.3 Multiple Owners. The Owners (if consisting of more than one [1] person or entity) of each Building Site shall agree among themselves and designate in writing to the Committee a single person or entity who is entitled to act (i.e., vote, consent, approve, etc.) under this Declaration for that Building Site. If the Owners of any such Building Site cannot agree who shall be entitled to act for that Building Site, or if the Owners fail to designate the single person or entity who is entitled to act for that Building Site within thirty (30) days after receipt of request for same from an~ other Owner or member of the Committee, then that Building Site shall not be entitled to act under this Declaration, any provision in this Declaration to the contrary notwithstanding. Without limiting the foregoing, in the event a Building Site is not entitled to act hereunder, it shall be disregarded for the purpose of applying the requirements set forth in Section 15.2. The obligations under this Declaration of multiple Owners of a single Building Site shall be joint and several. IN ~-/ITNESS WI~REOF, the Declarant has caused this instrument to be signed by its duly authorized off cers and its corporate seal to be affixed hereto on the date first above written. NE, INC. By: Thomas T. Wright Its: President (gmk1:981.04\sbc\ccrs.) DECLARATION OF COVENA~~ITS, CONDITIONS -Page 15 3c RESTRICTIONS OF GEMTONE CENTER MM3cC 2931.04 03/6/96 ~ ~ STATE OF IDAHO ) )ss. County of Ada ) On this 7~ day of , 1996, before me, the undersigned, a Notary Public in and for said state, personally appeared Thomas T. Wright, known or identified to me to be the President of Gemtone, Inc., the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN ~JTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above-written. ~C4~clA 1 ~ c,~~ ~~~ ., a~ ~~T AR ~ A ~~ • ~~ ~~ ~' p~L1G Pte: ms'` T~Ag Og t9.'~•+ ~, NOTARY PUBLIC~~'~,~r Idaho G Residing at '~ My commission expires: /-2 /--Y DECLARATION OF COVENANTS, CONDITIONS -Page 16 & RESTRICTIONS OF GEMTONE CENTER MM&C 2981.04 03/6/96 ~ ~- :, .~ i ' •; `: ~ EXHIBIT "A" • • . • • ~ • ~, • • • A.parce! ~e~ land IY~9 in ttte•NE~1/4 of Sec~ort 8, Township 3 North, Range. 4 East, bbise •M~idian, • Ada County. Idaho,. being morn particularly descrrbed.as follows: Comri~eirang at ~e.114 cvfrrer cornmorEto Sec~iorrs 8 and 9, T.3N: FZt E. B.M.: thence N•89'S4'01" k+l ?0.01 feet along the south ~uie~ of the NE 114 of Sadion 8 to a point on the westerly r~tt~f-vvay ibis of iY, eagle Road, said point I~eing: the Real Pelnt of Beginning of this descrlptlort; ~ ' 3'hence :continuing; N 83'54'01"W 2545:02 feet along the south ilne of the NE 114 to the southwest arrter of~the NE 1.14 (the.center t/4 comer, Secffon 8); • Than~'f~ OQ'30"..3" E 1213.51 feet. along the west fine of the NE 114 to the southwest coiner, or • Treasure Valley &ssiness Eenter-.Pf~asa. t. a subdvisian, filed in Boot< 53•of Plats; at pages 4790 . through ~a752, recards of Ada Co~inty, Idaho; • .. , Thence S~&9°'..~'15" E 6a0:C0 feet akrtgthe southerly boundary of said 3'reasuro Valley Business Center =Phase 1 ~ a poinf; T'nencz S'DO ;1'12" W 60.00 fe~tto a point; ~ • Thence S: a9°3a"'1 ~ E 463.94 het to a~ poir~ • ,. • T:t3erz~ S• E3E3°24'45" W 1.flt3.00 ~fzrt to a point; • ~ '~ ~ . ~. Them a~• 8S°"aS 1 ~ E 1 E}O.QO Feet tc a point; ' i Thersce N as°Z4'4~'' E to"O.i}0 feet to a point ort the southerly boundary of said Tceasuie Valte~ 8usinrssCenter - f'ttase 1; . . 7 ~zencs~ S 89".u 1 ~' c 1364.47 feet along the southerly boundary of said Treasure 11a1ley Business Center ->Plt2se 'F to a point on the•westerfy right~:f~way line o; N. Eagle Roars; • Ttzrtce SS•01°08'4" W 1y99.7'! feet alartg the westerly right-af-way Gne of N. EaBfs Road•to the Real Point of Beginning of ttrs des~i#~tion. ': ~'>:t:s parcel of land•ccntairs 69.E acres, more or Less. ' _ tlilictiael c. 1Vtarfcs, LS. - No. 94C5~ T • ,.