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Meridian Joint School District No. 2 VAC
WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE Q. 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 ~ 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. B NTLEY 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. COI2RIE 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 Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: July 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of a portion of N First St State Avenue BY: Jim Carberry for Joint School District No 2 LOCATION OF PROPERTY OR PROJECT: SW corner of Lot 4, Block 2 of Niday's Addition JIM JOHNSON, P/Z MALCOLM MACCOY, P/Z JIM SHEARER, P/Z -GREG OSLUND, P/Z -TIM HEPPER, P/Z -BOB CORRIE, MAYOR -RONALD TOLSMA, C/C -CHARLIE ROUNTREE, C/C -WALT MORROW, C/C -GLENN BENTLEY, C/C -WATER DEPARTMENT -SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT -POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & 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: MAY 09 '96 16 22 FR CITY OF MERIDIAN P. 208 887 4813 TO 3363680 CITY OF MERIpIAN 33 Fast Idaho Sweet, Meridian, ID 83642 Phone: (248) 8$8-4433 Fax: (208) 887-4813 yACATION APPLICA'~'(Ol~ (RE: Meridian Zoning Ordinance) APPLICANT: L/im ~r'6Z rry Phone• 88~ 'ro 7° .~_~ ADDRFSS:_'g~~ /YT~r~di4h__S~r~ET~ ~JEric/i4~~/4° g3~ 43. _ ~~ ~ e~ Ow'IVER: /~~i--idior~ /oi~r~ Sc~a~/.D~sr~r-~c,~ ~ro.ZPhone: X88.670! ADDRESS: 9~~ /~7~r~d~vr~ Sr~~"~8~, m~'r~~d~an, /do/Sc~ S36 42 GENERAL LOCATION: cyESf of sc1roo/ Adm~~isfr~~ior~ ~s/dam, • ,y~ a~ GL ~~2~C~~i~ r .r. LEGAL DESCRIPTION OF PROPERTY: (~z~~Q.Ch~d~ _ PROOF OF QWN~-RSHLP OR VALID OPTION: A ~ of your property deed oc option agreement must be auached. PRESENT ZONE CLASSIFICATION:~~~Cc.~G Stl1 E E7~'S VICINITY SKETCH: A vicinity mapand/or site plan at s scale approvod by tUe City showing property lines, existing aml praposad zoning and such other items as the City may require (34 copies), SURROUNDING PROPERTY OOVNERS; A list of all property owners afltl addresses within, comiguous to, directly across the sued from, and within a 300' radius of the proposed vacation must be attached. (This information is available from ffie County Assessor.) ~c,~ttacG, Ed Fee in the amount of 5225.4(? + 51.42/notice + publication costs DESCRIPTION OF PROPOSED VACATION: /n ~~~ Sc%ao/ Disr~i~-ic~prb~a is cor~r~iyuous 6or5y s~r/ss ~vi,~ Q~/ ors Sttf~ ~yvFnua, q// off' LlJ. /s~ s/rte ~_... as/ ~rnd + o/' ~i5~ 4//sy /hgr~ is ,~w~posed T`o GCE uzTaQ/tad. ~ha schoo/ .Disr4rica' ovi%/ provide ~w~. q Zo ~ ~as~ni~.ti~ ~ron~ ~y~ ~~ SIGNATURE. o~ r`h8 Q!/Ey ~l~,~nul9~- ~1Eir pro~o~rf y ~o LC/, ~S~ 57'4rt'E1~ 6a~t 9o.~6ap t /r~c.~s, etc , • LEGAL DESCRIPTION OF EXISTING RIGHT OF WAY • A portion of public right of way located in the City of Meridian, Ada County, Idaho and consisting of portions of State Avenue, West First Street and of an unnamed alley located in Block 2 of NIDAY'S ADDITION TO MERIDIAN as recorded at Page 75, Book 2 of Plats, records of Ada County. Parcel is also located in the Northwest Quarter, Section 12, Township 3 North, Range, 1 West, Boise Meridian and is more particularly described as follows: Commencing at the Southeast Corner of Lot 4, Block 2 of Niday's Addition to Meridian and identified as the "Real Point of Beginning" on the Record of Survey recorded as Instrument Number 96003473 Ada County Records and said point being the "REAL POINT OF BEGINNING" for this right of way parcel; Thence North 00°26'51" East along the westerly right of way of West First Street a distance of 158.03 feet to the northeast corner of Lot 8, Block 2 and also being the southwest corner of the intersection of State Avenue and West First Street; Thence North 89°25'48" West along the southerly right of way of State Avenue a distance of 120.54 feet to the northwest corner of said Lot 8 and also being the southeast corner of the intersection of State Avenue and the unnamed alley within Block 2 of Niday's Addition to Meridian; Thence South 00°28'10" West along the easterly right of way of said alley a distance of 68.03 feet to the southwest corner of Lot 7; Thence North 89°25'48" West a distance of 16.00 feet to a point on the westerly right of way of said alley; Thence North 00°28'10" East along the westerly right of way of said alley and continued to a point on the northerly right of way of State Avenue, also the south boundary of Block 7 of Niday's Addition to Meridian a distance of 148.01 feet to a point; Thence South 89°25'48" East along the northerly right of way of State Avenue and southerly boundary of said Block 7 a distance of 196.51 feet to the southwest corner of Block 8 of said Niday's Addition to Meridian and the previously vacated line for State Avenue; page 1 of 2 • Thence South 00°26'51" West along the vacate right of way of State Avenue and the westerly boundary of Block 1, of said Niday's Addition to Meridian and also being the easterly right of way line for West First Street a distance of 238.03 feet to a point; Thence North 89°25' 48" West a distance of 60.00 feet to the REAL POINT OF BEGINNING. Parcel contains 26,292 square feet, more or less. All bearings and distances are from Record of Survey recorded as Instrument Number 96003473 records of Ada County, Idaho. Prepared on May 20, 1996 by: LOVELESS ENGINEERING 3330 Grace Street Boise, Idaho 83703 Phone 342-7298 page 2 of 2 • FRANCES ~'~~ M. Ellis, a single woman, Grantor, of 919 West First Street, Meridian, Idaho 83642, hereby conveys, grants and warrants to Joint School District No. 2, Grantee(s), of 911 Meridian, Meridian, Idaho 83642, for the sum of Ten ($10.00) Dollars and other good and valuable consideration, the following described tract of land in the County of Ada,, State of Idaho: Lots 4, 5, 6, 7 and 8 in Block 2 of NIDAY'S ADDITION TO MERIDIAN, according to the official Plat thereof, filed in Book 2 of Plats at Page(s) 75, records of Ada County, Idaho SUBJECT TO Grantor's right to remain in possession of the south Seventy-Fide (75') feet of the above-described real property, including the home and detached garage located thereon, for a period of time not to exceed two (2) years, `subject to the terms of the Real Estate Purchase Agreement executed by the parties on November 1~, 1995; together with all and singular the taenement, hereditaments and appurtenances thereunto belonging or in any wise appertaining, and the reversion. and reversions, remainder and remainders, rants, a , issues and profits thereof; and also all`the estate right, title, interest in the property, possession, claim and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in or to the said premises, and every part and parcel thereof, with the appurtenances, together with all water and ditch rights thereon. TO HAVE AND TO HOLD All and singular the said premises, together with the appurtenances, unto the said party of the second part and to second party's heirs and assigns forever. 111i1RRANTY D$ED - Page 1 t R WITNESS the hand of said Grantor(s) this ~ti~,i~day of November, 1995. ~ ~T~ S.at.~.,_~_D.AJ 1~ l~ . ~n ,~~i-9J °~,9yl.E.~~X!~ M. Ell s Frances STATE OF IDAHO ) ss. County of Ada ) On the~L,~.day of November, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ FRANCES M. Ellis, the signer of the within instrument, who duly acknowledged to me the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ..•~ ~-_ -~~~"""'~~.: Notary b i for I ''~.~~ ~a!%;~ ~~', Residin at ~crt1~A. - ~ :~y~• << ~~%'. Idaho J .a~~®~'.~i T ' ~ My Commission Expires : i ~ ~ `q ~ ~~ ~'v:3 I. i ~. ; ~, 95 08`~2~8 ~ TiT~.~ ~. At_Li A.~(= s r, d r - ~ , J i~ L~ m i l , j Hl~:, ~. .7G1Jr ~:/ ~9~ ~'~U ~J i ~ 'J t~~ WARRAaiTY DEED - Page 2 J,,. 3d 30 30 3 30 30 3 30_ ~ ~ A W N ~ ~ O _ y . i3q,~ .m - ~ m~ mi,f ~; , i • ~ ~ m 50 5 ~O Q "' , D ~ ~~}~7 ~ O ~~ `if 5 65 (7 ~ ~~_JJJ VwrN VO m. es O ~ O O ao ~ ~ y c ~ ~ es O18N a, f-1 r ° 0 ~ • 3.. ~ 93 83 r ° ° _ ~~° ~ ~ yao v D W D Z ° °~~ a~ o~ O ff1 m m tp o A o 3~' __ W A W ~• B .I~ V Oet _ ~ o p °~ U o, rn N N ~ 85 ~ rn ~' ~ m r 83 ~ ~ Y• ~ :' O ~ O 50 O O ~ O 50 ~ WEST' - p• . ""~ ., ~ L1' 18 O °, N P,•e1N _ _ _ _ _ m J ~80~ .^?ea s, 52 To o t71? W N ~O ~ A 01 A W N-•O N ,~~ ~ O^~W pm ~t f~+ 50 j m O ~ p Ar ~'N ~ !~ aM ~ m ., N 1w'..7n A ' t v N c ~ se.t3 = 7u o < ~ - wary ..•.. •, ~ ; y Z TTl N W ~ N 01 .i O.• .. YI n ~~ !~- ~ ~ - ~ Y O ~ Q ~ . 1 ' .. 4 MR7.V .. ~k, 0 •. .' ~ WEST IST ~ ~R~ ~. .. `. ~ w 64 ^'rl+7r 'tl464 N/[1N 84 60 8q ..n. O. N N ~ N / ~• ~ VI ~ ~ W 84 61 6 rn 64 F ~ R ~ I • ^~ 84 ~ r' ~ 54 84 `~ Z !- 84 1T~ ~QO S - N w p o1 au oN _ c o. ^ftlw ~ 9- ~ N W .p N W ~° °- N ``~~ c ~~~. ) 904 64 ~ 84 ~60 64 64 80 64 ~2 ~ ~~- ` `c.. I' ~-'---- E-R-l-~ I ~ `ri ' y .. • .d ' .~ .S a, ~ y. ,.. ~ ti ~. ~ '"+ ~. . c , '? ~ 0 .1?'"fi,!'S e A J• ••r.~ WJ .~ .. p e,pA i. _. ~ts'"~d~\ .. r. ;'~'~gU~"~`"~~"n~~,j y~ Y! ' ~a~) ~7W' ~Y•~•~ t ~ //y ~', `a ~(. ...; ~ 1 T..:. ' efnet •,° /~ ,» o ~ ~ w , t y ~ . ~t ~ W s~ n Jc ~. ..ef•) y N I " • ~IJiH T1 1L0 IDtl26 :. S _ •a - N 1p V ; _ N y • 102• ileoew: in ( .40 . h laba'r ~,~ 64 .rehn 64: Y 71. !sect ~ y mo, o ~ ~ ~ ~~ ~~~~ K ~ J~ w Ao ~L~O 134 s us~ w ° o o •o: ..~! o W~V`('.....TTfT.:~~ `'•ST a G',t. r. ~. z SorY)i•t!!.°e _ _.... ~ls• --i Y• ~T ' .~. •Vr•`/A~ 711r ~ 1JO~Il'( 1)O ~'-` IM'/)'~)..N. ` 40 38 30 30 30 0 30 30 38 ~{ LR.O ' - - - , a`~ " 101:: + .?. 66 60 ~4 .1 ASO e. _ • QUARNSTROM GLEN FENDER FRED W & LAURA 1015 MERIDIAN ST LOUISE MERIDIAN ID 83642 1001 MERIDIAN ST ' MERIDIAN ID 83642 • CULLEN BERTHA E THOMAS CYNTHIA A 470 W MCMILLAN 922 W 02ND ST MERIDIAN ID 83642 MERIDIAN ID 83642 MCKINNEY KAY & VONALOU TRSTEE 914W02NDST MERIDIAN ID 83642 EMMETT LESTER R JR 905 W 01ST MERIDIAN ID 83642 FUHRMAN KENT 513 E IDAHO MERIDIAN ID 83642 BURKE HARRY D APTDO 61-200 MEXICO 00 10000 LARSEN RONALD L & JUDITH L 2735 W PINE ST MERIDIAN ID 83642 ADAMS MABEL SIMPSON . 911 W 01ST MERIDIAN ID 83642 SOVIE KENNETH L & GERALDINE L 903 W 02ND ST MERIDIAN ID 83642 RAKOW RICHARD CHARLES & 101 W PINE MERIDIAN ID 83642 _ _. BENSON JEFF A & RHONDA RAE PO BOX 421 MERIDIAN ID 83680 SCHROEDER JOHN T 8~ MARGARET M PO BOX 267 • " BOISE I D 83701-0267 SIEVERT LUCILLE LIVING TRUSTS . 140 W PINE MERIDIAN ID 83642 BRINEGAR E E & VIRGINIA K 1639 CONANT BURLEY ID 83318 __ _ _ . CHURCH OF NAZARENE OF MERIDIAN 831E 01ST ST MERIDIAN ID 83642 CAIRNS VERNON TELLETH AND 312 S COLUMBIA CTR #69 KENNEWICK WA 99336-9552 • • NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on July 9, 1996, for the purpose of reviewing and considering the Application of Jim Carberry for Meridian Joint School District No. 2, for a Vacation application for land located in the NW 1/4 of Section 12, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at SW corner of Lot 4, Block 2 of Niday's Addition. The Application requests a vacation of portions of W. First Street, State Avenue and the alley N. of Pine Avenue and W. of Meridian School Dis#rict Administration Building. A more particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 19th day of June, 1996. < ~.. WILLIAM G. BERG, JR., C CLERK NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m., on August 6, 1996, for the purpose of reviewing and considering the Application of Jim Carberry for Meridian Joint School District No. 2, for a Vacation application for land located in the NW 1/4 of Section 12, T.3N, R.1 W, Boise Meridian, Ada County, Idaho, and which property is generally located at SW corner of Lot 4, Block 2 of Niday's Addition. The Application requests a vacation of portions of W. First Street, State Avenue and the alley N. of Pine Avenue and W. of Meridian School District Administration Building. Amore particular legal description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the Application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. Dated this 17th day of July, 1996. WILLIAM G. BERG, J ., TY CLERK • REAL ESTATE PIIRCHABS AGREEMENT This Real Estate Sales Agreement is made on the ly.~.~,~ day of November, 1995, between Joint School District No. 2, (hereinafter referred to as "Buyer"), and Francis M. Ellis, a single woman, (hereinafter referred to as "Seller"). WITNESSETH: In consideration of the sum of One Hundred ($100.00) Dollars, being the earnest money payment hereinafter mentioned, in hand paid by the Buyer, receipt of which is hereby acknowledged by the Seller, and of the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby agreed by and between the parties as follows: 1. Description of Premises: Seller agrees to sell and the Buyer covenants and agrees to buy from the Seller a parcel of real property (hereinafter referred to as "Premises") consisting of approximately .43 acres, more or less, located at 919 West First Street, Meridian, Ada County, Idaho, which more particularly described as follows: Lots 4, 5, 6, 7 and 8. in Block 2 of NIDAY'S ADDITION TO MERIDIAN, according to the official Plat thereof, filed in Book 2 of Plats at Page(s) 75, records of Ada County, Idaho. 2. Purchase Price. The purchase price of the Premises shall be the sum of Eighty Three Thousand ($83,000.00) Dollars, which shall be paid by Buyer to Seller as follows: REAL E8TAT8 PtJRC8A8E AGRLEMEIr1T - Page 1 • • A. The Sum of One Hundred ($100.00) Dollars previously paid by the Buyer to the Seller as earnest money; and B. The remainder of the purchase price of Eighty Two Thousand Nine Hundred ($82,900.00) Dollars shall be paid by Buyer to Seller at closing. 3. Transfer Free of Encumbrances. Unless otherwise provided herein, the Premises shall be conveyed by Seller to Buyer by Warranty Deed, free of encumbrances, except for rights reserved in federal patents, state or railroad deeds, and easements of record which do not materially effect Buyer's intended use of the property. 4. P_ur_chas~to__Include All Water and Irrictation Riclhts. The purchase of the premises by Buyer shall include all water and irrigation rights, ditches and ditch rights, irrigation fixtures, and equipment, if any, associated with, or located upon, the Premises. Seller shall transfer all such water rights to Buyer at the time of closing. 5. Evidence of Title. Seller shall furnish the Buyer a standard title insurance policy covering the Premises in an amount not less than the purchase price, bearing a date later than the date of this agreement, issued by Stewart Title Company in Meridian, Idaho. The premium for the standard title insurance policy shall be the sole responsibility of Seller. The Buyer shall have the option to purchase an extended coverage title policy with the additional premium being the sole responsibility of Buyer. In this regard, the Seller agrees to obtain and furnish to the Buyer a preliminary REAL 88TATE PORC8A68 AaRBEMENT - Paq® 2 • report for purposes of such title insurance policy within seven (7) days of the date of this agreement. 6. Objections to Title. In the event the preliminary title report shall not commit the title insurance company to insure title to the Premises without exception, excepting reservations and patents or deeds, taxes and assessments, and easements, hereinbefore specified, and standard exceptions of title insurance companies covering Premises in Ada County, Idaho, then the Buyer shall notify the Seller in writing within fifteen (15) days of Buyer's receipt of the preliminary title report of the particulars wherein such preliminary report shall not commit said title insurance company to ensure such title without exception. If Buyer does not so object, Buyer shall be deemed to have accepted the conditions of title. Upon receipt of written objection from Buyer, the Seller shall have fifteen (15) days from the date of notification in writing of the particular defects claimed, either to remedy the title or to obtain title insurance as required above. 7. Seller's Right to Retain Possession of House. So long as Seller shall occupy said house as her primary residence, for a period of time not to exceed two (2) years from the date of closing, the parties agree that the Seller shall be granted the right to continue to occupy house and detached garage located on the Premises and retain possession of that portion of the Premises described in Exhibit "A" attached hereto and incorporated in full by this reference. For the purposes of this section 7, the Seller's primary residence shall be deemed to have changed at any REAL ESTATE PORC8A88 AGREEMENT - Page 3 time that the Seller shall vacate the above-described house, for any reason, for a period of sixty (60) consecutive days. So long as the Seller shall retain possession of the house and real property described in Exhibit "A", Seller agrees, at her sole expense, to keep the house and property described in Exhibit "A" in a state of good repair, to pay all utilities, taxes, irrigation and other annual charges, to pay an appropriate portion of extra- ordinary assessments upon said property, and to pay all other costs and/or expenses arising out of the portion of the Premises occupied by Seller. Other than real property taxes, any cost or expense assessed against the entire Premises shall be pro rated between the parties, with the Seller being responsible to pay that portion of said expense determined by dividing the square footage of the parcel described in Exhibit "A" by the total square footage of the Premises. Seller agrees to pay all the above taxes, assessments, costs, and expenses before they become delinquent and, in the event they are paid by Buyer on Seller's behalf, to reimburse Buyer in full within thirty (30) days of receipt of written notice from Buyer. Any failure of Seller to pay any utility cost, tax, assessment, or cost or expense set forth in this section 7 within thirty (30) days shall terminate Seller's right to occupy any portion of the premises. During Seller's occupancy of the real property described in Exhibit "A" as set forth above, Seller shall keep the house and other buildings on the property in Seller's possession insured against loss by fire in an amount equal to the full insurable value REAL ESTATE PIIRCHASE AGREEMENT - Pago 4 • • of such buildings. Such insurance shall be made payable to the Buyer in the event of a loss. At the time of closing, Seller shall execute a good and sufficient Quit Claim Deed in favor of the Buyer covering the real property described in Exhibit "A", which deed shall be delivered to Stewart Title as Escrow Agent. Upon the date Seller shall no longer occupy the above-described property as her primary residence as set forth above, but in no event more than two (2) years from the date of closing, the escrow agent shall deliver the Quit Claim Deed to Buyer for recording, thereby terminating any interest of Seller in the premises as set forth in this Agreement. 8. Seller to Remove Out-Buildings and Personal Property. Within thirty (30) days from the date of closing, Seller shall remove all personal property, vehicles, trailers, and miscellaneous out- buildings from that portion of the Premises located to the north of the real property described in Exhibit "A". In the event any of the above-described items shall remain on the Premises after thirty (30) days, Seller shall be deemed .to have abandoned same and authorizes and directs Buyer to remove and dispose of such items, and Seller shall indemnify and hold Buyer harmless from any and all claims, damages, costs or expenses, including attorneys fees, arising out of Buyer's efforts to dispose of said items and clear the above-described portion of the Premises. 9. Time of Closing. In the event title can be conveyed in the condition required hereunder, the parties agree to close the sale as soon as possible, but no later than November 15, 1995. The REAL BBTATB PORC8A8E AGRl:EMBNT - Page 5 • • parties agree that they shall equally share all closing costs, document preparation fees, recording costs, and other similar expenses, if any. 10. Possession. Seller shall deliver possession of the portion of the Premises located north of the home located on the Premises to Buyer at the time of closing. Buyer shall receive possession of the remaining portion of the Premises as set forth in section 7, above. 11. Use of North Portion of Premises by Seller. Seller acknowledges that immediately upon closing, Buyer intends to clear and use the entire portion of the Premises located to the north of the home located thereon as a parking lot. Seller acknowledges that Buyer intends to remove some~of, if not all, of the trees and foliage located on said portion of the premises, and possibly pave said area with gravel or asphalt, and Seller has no objection thereto. 12. Taxes and Prorated Items. All taxes and assessments for all years prior to closing shall be paid by the Seller before closing. Taxes and assessments owing during the year of closing shall be prorated and adjusted as of the date of closing in accordance with the due basis of the municipality or taxing unit in which the Premises is located. Any interest, rents, and/or water assessments shall be prorated and adjusted as of the date of closing. 13. Brokerage Fee. The parties hereby acknowledge that there are no real estate brokers and/or agents involved in this transaction. REAL 88TATE PIIRCHA88 AQREEMENT - Baga 6 • 14. Environmental Warranties. By the acceptance of this offer, Seller hereby represents and warrants to Buyer as follows: A. To the best of Seller's knowledge, the Premises has been used and operated in compliance with all applicable federal, state, and local laws and regulations relating to air quality, water quality, waste disposal or management, hazardous or toxic substances, and the protection of the health and environment. B. Seller has not disposed of any hazardous or toxic substances on or in the Premises, and to the best of Seller's knowledge, the Premises and groundwater beneath the Premises are free from environmental contamination of any kind. To the best of Seller's knowledge, no "underground storage tank" as that term is defined in the Hazardous Solid Waste Amendments of 1984 to the Resource Conservation and Recovery Act, and/or any amendments thereto, has ever been located in the above-described Premises. C. Seller has no knowledge that hazardous materials or toxic substances have been manufactured, disposed of, or stored at the Premises and has no knowledge of any soil, surface water or groundwater contamination or pollutant at or affecting the Preaises, and has no knowledge of any past, current, or pending private or governmental investigations, claims, or enforcement actions pertaining REAL ESTATE PtJRCHABE AaREEltENT - Page 7 • • to environmental contamination or pollution at the Premises or any of the property adjacent to the Premises. The representations, warranties, obligations, and covenants of Seller as set forth in this provision shall survive the closing of this transaction. 15. Time of Essence. Time is of the essence of this Agreement. 16. Li-~gation Between the Parties. In the event of any litigation between the parties concerning this Agreement, the unsuccessful party in such litigation shall fully reimburse the prevailing party for all costs and expenses, including reasonable attorney's fees, incurred in such litigation. 17. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho. 18. Hand-written Provisions. Hand-written provisions inserted in this Agreement, and initialed by the parties in ink, shall control all type-written provisions in conflict therewith.. 19. Titles and Headincs. Titles and headings to articles, sections, or paragraphs of this Agreement are inserted for convenience of reference and are not intended to affect the interpretation or construction of this Agreement. 20. notices. Any notice under this agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: REAL EBTATE PQRCBASE AGREEMENT - Pags 8 • Buyer: Superintendent Meridian School District 911 N. Meridian Road Meridian, Idaho 83642 Seller: Francis M. Ellis 919 W. 1st Street Meridian, Idaho 83642 21. Entire Agreement. This Agreement constitutes the entire agreement among the parties to it and supersedes any prior understanding or agreement. 22. Authority of the Parties. Each party to this Agreement represents and warrants that the. execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the corporation or entity signing this Agreement. 23. Aasig~,D;. The Buyer shall have the right to assign its interest in this agreement to a third party(s) with the prior written consent of the Seller, which consent shall not be unreasonably withheld. Seller shall not be entitled to assign its interest in this agreement. 24. Successors and Assigns. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and, if permitted, assigns. IN WITNESS WHEREOF, the parties have executed this agreement as of the day and year first above written. REAL EBTATE PORCHAHE AaREffi~I8l1T - Page 9 • EXHIBIT A The South Seventy-Five (75') feet of a parcel of real property consisting of Lots 4, 5, 6, 7 and 8 in Block 2 of NIDAY'S ADDITION TO MERIDIAN, according to the official Plat thereof, filed in Book 2 of Plats at Page(s) 75, records of Ada County, Idaho. • BUYER: JOINT SCHOOL DISTRICT NO. 2 By • °F• Bob L. Raley Superintenden SELLER: ~~7?,E• Francis M. Ellis STATE OF IDAHO ) ss. County of Ada ) On the lye day of November, 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared BOB L. HALEY, known or identified to me to be the Superintendent of Schools and Authorized Representative of JOINT SCHOOL DISTRICT NO. 2 who executed the within and foregoing instrument on behalf of said municipality, and acknowledged to me that said municipality executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary li or Id o ~~~ .. Resiai at Idaho l ~~`~, x ~l,?;~~~ ,` My Commission ~ xp res : ~ _ ~, - ~i ~ <I~ ~~I~e~c~ 4~,'~i 6r` ~ ) to ~-3 q, ~ ~.: ,~ y C . ,~~~:~ REAL ESTATE PIIRCHASE AGREEMENT - Page 10 • • STATE OF IDAHO ) ss. County of Ada ) On the i ~1~.1,~ day of November, 1995, before me, the undersigned, a Notary Public in and -for said State, personally appeared Francis M. Ellis, known to me to be the person whose name is subscribed to the within and foregoing instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary c for.Idah - ~ - r~ ~ . Residi at ~ , Idaho ~~~~~~~ ~~.; Z My Commission Exp res: i - (, - g~ r .::,~, ~ i~ _ ' y 1 ,`~ ~~ ~. ~i ~~ 7rt ~~, ~~: r' . (';, a~.-,.,.., REAL ESTATE PURCHASE AGREEMENT -Page 11 ` ~ ~ ~;.~` oc~n~ SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary ~ - S ~~i~~ c~~~~~~~~~~.~~ September 6, 1996 RE: Vacation -Portions of State Ave, West 1st St., and the alley located in Section 12, T.3N., R. l W., BM, Ada County, Idaho. Gentlemen: On September O5, 1996, a letter regarding the above mentioned vacation was sent out in error. Please disregard and replace it with the enclosed letter. Thank you, ~~ Cath ravatt Right-of--Way Secretary ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 F Z. .. (.-y lyJijn~~ ~.ip ~~..~~ S~~ - 9 ~"4~ CITY Oar I~~ n~ SHERRY R. HUBER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary September 6, 1996 Re: Vacation -Portions of State Avenue, West First Street and the alley located in Section 12, T.3N., R.1 W BM, Ada County, Idaho. Gentlemen: The Ada County Highway District has received petitions from the adjacent property owners to consider the vacation and abandonment of public right-of--way more commonly known as portions of State Avenue, West First Street and the alley as shown in the attached legal description. Enclosed is a legal description, and a drawing of the area of above requested right-of--way vacation which the Ada County Highway District has been petitioned to consider. It is requested that you review and advise this office not later than September 19, 1996 of your present use and future plans for this area, including, but not limited to present/future bike/pedestrian pathways, city parks, future access to and from properties and public right-of--way, etc.. Comments will be used to assist the Board of Commissioners of the Ada County Highway District in the disposition of this request for right-of--way vacation and abandonment. After review and consideration, should the Board of Commissioners of the Ada County Highway District elect to accept the petition and application for vacation of portions of State Avenue, West First Street and the alley, a public hearing will be tentatively scheduled for Wednesday, October 23, 1996 at 7:00 p.m., in the office of the Ada County Highway District, Boise, Idaho. Addressees having a interest in this right-of--way vacation will be advised of disposition of proceedings upon receipt of written request. Sincerely, C~~~- Richard C. Brown Chief of Right-of--Way Enc: 2 RB/cg C:\OFFICE\ WPWIN\CATHE\VACATION\ACTIVE\STATE-AV.UTL ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 cc: ,R/W Division Files, ACH)~ • Engineering Services Manager, ACHD Joe Rosenlund, Traffic Engineering Supervisor, ACHD Errol Morgan, Maintenance/Operations Manager, ACHD Larry Sale, Development Services Supervisor, ACHD Steve Spickelmier, Plans & Survey Supervisor, ACHD Dorrell Hansen, Civil Engineer, ACHD David E. Wynkoop, Attorney, ACHD Meridian City Clerk Attn:William G. Berg, Jr. 33 East Idaho Street, Meridian, Idaho 83642 Meridian City Trash Department 33 East Idaho Street, Meridian Idaho 83642 Meridian City, Public Works Department 33 East Idaho Street, Meridian Idaho 83642 Nampa-Meridian Irrigations District 1503 1st Street South, Nampa, Idaho 83651 Meridian Fire District, Attn: Fire Marshall 33 East Idaho, Meridian, Idaho 83642 Meridian School District 911 North Meridian, Meridian, Idaho 83642 Meridian City Water, Department 11 Bower Street, Meridian, Idaho 83642 Meridian City Sewer, Attn: John Shawcroft 3401 N. Ten Mile Road, Meridian, Idaho 83642 U. S. West Communications, Attn: Deanna Cambon P.O. Box 7888, Boise, Idaho 83723 Ada Planning Association, Attn: Ross Dodge 413 West Idaho Street, Boise, Idaho 83702 Intermountain Gas Company, Attn: Jim Renner 555 South Cole Road, Boise, Idaho 83707 Idaho Power Company, Attn: Robert Taylor P.O. Box 70, Boise, Idaho 83707 Boise City Parks Department, Attn: Dave Selvage, Park Planner 1104 Royal Blvd., Boise, Idaho 83706 Boise Project Board of Control, Attn: Watermaster 214 Broadway Avenue, Boise, Idaho 83702 C:\OFFICE\ WPWIN\CATHE\ VACATIONWCTIVE\STATE-AV.UTL ,.... y• , t - 1 . .~~ - ~ .. ~ - 'sa~,: w. ~.~ .~' •tw•rL.:.. ~ ..'Fri o ~.+.._ .... .... .. - ._. ` >• Y Y. .. - .. t /: .. . •~ .. ,~ • 1 . I~ ~ i a- ~-3 ,a e _ _ .. _ b •ir/ M/Nf ~ C M rs os is rs os is rs lof a ~ ob OE N o~ I'n N o d- o ~• ~ . a W N N a M N . « ~ 10 •f M N - ~ ~ ~- . •. _ _ S Z ~ .+ ~. ~ .f 1 . ~ , WO > Nln Yr 1 ~ V/N O I,J W ~ yy O _ S.. ! N O O N O N ~ O N 1~! ~ 1p ., d~ I s p. ~~rr b9 py 99 wasrw t9~ 68 ~ w~ Y9 r ;~ .~ :MK."~~.y~r"~t~.,h }~~¢~ti~;. 1S1 1S3M ~ - ~ 7 // } ~ 1• M A te. ~- _ Nq Y t' t'.. l N ti 10 h~ M N '•p H 10 q M N a ~ ~ , ~ ~ r W ~ N ~ v w,..~.r ~ U ti . ~ h ,~M"• F m Nio •lr, .. R , '1 a ~• ~ ,~° ~ ~ r°. 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O ~1 ~ :A u H O mi ! J e+ J ~ ~ i I I a . .~ ° 7 y~ ~ O I ..:. •~a-.~ 1 1 • ~ c'rc os s ~ s s • r M~ c u d' N ~ • M ~, u .~ ' P ~, I -~ ~ ~ "~ ~ ~ ~ u ~ N ~~M 15xts ~ ~- I ~ _ ~ I * ~/ U ~ ~~ ~' 1 • h ~ N ~~ I 4- I ti ~ ~a v ~ ~ ~ a wf m r ? ~ --~~ ~ ~ d' 3 ~E idL .~~5~ ,~ I 1 ~; ~, ! ~, n, ....AAAA 9 ,i ~ ~ ~~y, ~ ~ ~ ~ ~ ~ ~ ~ N _ _ i _ ~ MMM ` i `LSD; N Q' `Vd ~ ~ ~ ' (^) ~ ^v~f~ n~~ i Q' a 1 SAM 1 S ya ~ - - ~ _ ~°= _ ~ ~ iI o ~1!/Nn ' ~ I~, Qdd ~oisls3r~ ~s.c~so~r~ -- --~ y,~ --r, I --~---_ _ T i r- O ~" .. I - - --------- ---- i ' ~ I ~ ~ I ~~ lily ~~~ II~ ---~_--- --- z `. r ~~~ LEGAL DESCRIPTION OF EXISTING RIGHT OF WAY A portion of public right Meridian, Ada County, Idaho and Avenue, West First Street and c~- 2 of NIDAY'S ADDITION TO MERIDIAN Plats, records of Ada County. Northwest Quarter, Section 12, Tow Meridian and is more particularly of way located in the City of consisting of portions of State ~- -~cY alley located in Block as recorded at Page 75, Book 2 of Parcel is also located in the nship 3 North, Range, 1 West, Boise described as follows: Commencing at the Southeast Corner of Lot 4, Block 2 of Niday's Addition to Meridian and identified as the "Real Point of Beginning" on the Record of Survey recorded as Instrument Number 96003473 Ada County Records and said point being the "REAL POINT OF BEGINNING" for this right of way parcel; Thence North 00°26'51" East along the westerly right of way of West First Street a distance of 158.03 feet to the northeast corner of Lot 8, Block 2 and also being the southwest corner of the intersection of State Avenue and West First Street; Thence North 89°25'48" West along the southerly right of way of State Avenue a distance of 120.54 feet to the northwest corner of said Lot 8 and also being the southeast corner of the intersection of State Avenue and the unnamed alley within Block 2 of Niday's Addition to Meridian; Thence South 00°28'10" West along the easterly right of way of said alley a distance of 68.03 feet to the southwest corner of Lot 7; Thence North 89°25'48" West a distance of 16.00 feet to a point on the westerly right of way of said alley; Thence North 00°28'10" East along the westerly right of way of said alley and continued to a point on the northerly right of way of State Avenue, also the south boundary of Block 7 of Niday's Addition to Meridian a distance of 148.01 feet to a point; Thence South 89°25'48" East along the northerly right of way of State Avenue and southerly boundary of said Block 7 a distance of 196.51 feet to the southwest corner of Block 8 of said Niday's Addition to Meridian and the previously vacated line for State Avenue; page 1 of 2 Thence South 00°26'51" West along the vacate right of way of State Avenue and the westerly boundary of Block 1, of said Niday's Addition to Meridian and also being the easterly right of way line for West First Street a distance of 238.03 feet to a point; Thence North 89°25'48" West a distance of 60.00 feet to the REAL POINT OF BEGINNING. Parcel contains 26,292 square feet, more or less. All bearings and distances are from Record of Survey recorded as Instrument Number 96003473 records of Ada County, Idaho. Prepared on May 20, 1996 by: LOVELESS ENGINEERING 3330 Grace Street Boise, Idaho 83703 Phone 342-7298 page 2 of 2 • ~~ RECEIVED ' ~ ~ SEP - 6 1`~ `-'`~ QTY OF 1~ERiD~AN SHERRY R. HUGER, President SUSAN S. EASTLAKE, Vice President JAMES E. BRUCE, Secretary September 5, 1996 Re: Vacation -Portions of State Avenue, West First Street and the alley located in Section 12, T.3N., R.1 W., BM, Ada County, Idaho. Gentlemen: The Ada County Highway District has received petitions from the adjacent property owners to consider the vacation and abandonment of public right-of--way more commonly known as a portion of West Preece Drive as shown in the attached legal description. Enclosed is a legal description, and a drawing of the area of above requested right-of--way vacation which the Ada County Highway District has been petitioned to consider. It is requested that you review and advise this office not later than September 19, 1996 of your present use and future plans for this area, including, but not limited to present/future bike/pedestrian pathways, city parks, future access to and from properties and public right-of--way, etc.. Comments will be used to assist the Board of Commissioners of the Ada County Highway District in the disposition of this request for right-of--way vacation and abandonment. After review and consideration, should the Board of Commissioners of the Ada County Highway District elect to accept the petition and application for vacation of portions of State Avenue, West First Street and the alley, a public hearing will be tentatively scheduled for Wednesday, October 23, 1996 at 7:00 p.m., in the office of the Ada County Highway District, Boise, Idaho. Addressees having a interest in this right-of--way vacation will be advised of disposition of proceedings upon receipt of written request. Sincerely, C ~~~- ~Ric and C. Brown Chief of Right-of--Way Enc RB/cg C:\OFFICE\ WPWIN\CATHE\VACATION\UTILITY2.LTR ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 cc: R/W Division Files, ACH>~ • Engineering Services Manager, ACHD Joe Rosenlund, Traffic Engineering Supervisor, ACHD Errol Morgan, Maintenance/Operations Manager, ACHD Larry Sale, Development Services Supervisor, ACRD Steve Spickelmier, Plans & Survey Supervisor, ACRD Dorrell Hansen, Civil Engineer, ACRD David E. Wynkoop, Attorney, ACRD Meridian City Clerk Attn: William G. Berg, Jr. 33 East Idaho Street, Meridian, Idaho 83642 Meridian City Trash Department 33 East Idaho Street, Meridian Idaho 83642 Meridian City, Public Works Department 33 East Idaho Street, Meridian Idaho 83642 Nampa-Meridian Irrigations District 1503 1st Street South, Nampa, Idaho 83651 Meridian Fire District, Attn: Fire Marshall 33 East Idaho, Meridian, Idaho 83642 Meridian School District 911 North Meridian, Meridian, Idaho 83642 Meridian City Water, Department 11 Bower Street, Meridian, Idaho 83642 Meridian City Sewer, Attn: John Shawcroft 3401 N. Ten Mile Road, Meridian, Idaho 83642 U. S. West Communications, Attn: Deanna Cambon P.O. Box 7888, Boise, Idaho 83723 Ada Planning Association, Attn: Ross Dodge 413 West Idaho Street, Boise, Idaho 83702 Intermountain Gas Company, Attn: Jim Renner 555 South Cole Road, Boise, Idaho 83707 Idaho Power Company, Attn: Robert Taylor P.O. Box 70, Boise, Idaho 83707 Boise City Parks Department, Attn: Dave Selvage, Park Planner 1104 Royal Blvd., Boise, Idaho 83706 Boise Project Board of Control, Attn: Watermaster 214 Broadway Avenue, Boise, Idaho 83702 C:\OFFICE\WPWIN\CATHE\V ACATION\UTILITY2.LTR • • LEGAL DESCRIPTION OF EXISTING RIGHT OF WAY A portion of public right Meridian, Ada County, Idaho and Avenue, West First Street and o#~- 2 of NIDAY'S ADDITION TO MERIDIAN Plats, records of Ada County. Northwest Quarter, Section 12, Tow Meridian and is more particularly of way located in the City of consisting of portions of State ~a~. -en~~c~ alley located in Block as recorded at Page 75, Book 2 of Parcel is also located in the nship 3 North, Range, 1 West, Boise described as follows: Commencing at the Southeast Corner of Lot 4, Block 2 of Niday's Addition to Meridian and identified as the "Real Point of Beginning" on the Record of Survey recorded as Instrument Number 96.003473 Ada County Records and said point being the "REAL POINT OF BEGINNING" for this right of way parcel; Thence North 00°26'51" East along the westerly right of way of West First Street a distance of 158.03 feet to the northeast corner of Lot 8, Block 2 and also being the southwest corner of the intersection of State Avenue and West First Street; Thence North 89°25'48" West along the southerly right of way of State Avenue a distance of 120.54 feet to the northwest corner of said Lot 8 and also being the southeast corner of the intersection of State Avenue and the unnamed alley within Block 2 of Niday's Addition to Meridian; Thence South 00°28'10" West along the easterly right of way of said alley a distance of 68.03 feet to the southwest corner of Lot 7; Thence North 89°25' 48" West a distance of 16.00 feet to a point on the westerly right of way of said alley; Thence North 00°28'10" East along the westerly right of way of said alley and continued to a point on the northerly right of way of State Avenue, also the south boundary of Block 7 of Niday's Addition to Meridian a distance of 148.01 feet to a point; Thence South 89°25'48" East along the northerly right of way of State Avenue and southerly boundary of said Block 7 a distance of 196.51 feet to the southwest corner of Block 8 of said Niday's Addition to Meridian and the previously vacated line for State Avenue; page 1 of 2 • Thence South 00°26'51" West along the vacate right of way of State Avenue and the westerly boundary of Block 1, of said Niday's Addition to Meridian and also being the easterly right of way line for West First Street a distance of 238.03 feet to a point; Thence North 89°25'48" West a distance of 60.00 feet to the REAL POINT OF BEGINNING. Parcel contains 26,292 square feet, more or less. All bearings and distances are from Record of Survey recorded as Instrument Number 96003473 records of Ada County, Idaho. Prepared on May 20, 1996 by: LOVELESS ENGINEERING 3330 Grace Street Boise, Idaho 83703 Phone 342-7298 page 2 of 2 WII ..._~. 73.63 8By68 ' ~ ° ~~~ N 9 < ~ w ~ Ss.f2 ,xN 1: ~ ~ i oCHERRY ° ..SIYr~~ psi 0 120 - SS.29 I6S.B0 t ~ ~ 13 ~ ! I ` O ~ 6 14 66.82 N„•. ` 74.96 ~IP1~ 3 " - ~ ~o ~o ,> 4 12 .i l CAhAELLIA AVE. n 40 60 0 60 60 40 „ I o2„ 4: 5m 6 1O 4o so 6o ao ao n ~ ,,. n I ollo ('~ 9° ~n 7Oo i ° r ~ ~ WASHINGTON ° ~, '~~'Y 120- 96 96 = ~ '' ~=13 14 ~ 18 16' t' 5 ~ 96 96 98 9s 7 -. • p + a r v ..rr...• ~ .: - .. ,, ~. i _ ° ~. ,..~Qr... .. ' O w ~. .. 9 1211 a IIO ' w a ,°, I 1 ~T ~ ,°, 12 _ ~~ 1 3 _; ~ 14 - o IS . ~ ,°° !6 --_ - ~ . 9 w ~ „°, I O i M I) ~+~. ° 12 •'~°, 13 ' r°, 14 15 .. ~ so ~ 1 61zo ~e.ai_rI~ a, 8B 62 ..rw~~yrr ~f, p CHERRY _ ___ `J 7 2 0 N 1 p 1O t20 0 ~ ~ 120 ~ o ~ ~~ AVENUE m r" 120 120 e °Q5~ m ~- f!- '° N W 06 3 7 2 6~ ~ I ~ ~ • ~, Meridian City Council August 6, 1996 Page 28 ' Corrie: Motion made by Mr. Morrow, second by Mr. Tolsma that the final plat of Railside Subdivision by Ron Yanke be approved with the conditions of the motion, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #12: FINAL PLAT: CHAMBERLAIN ESTATES NO. 2 BY KEVIN HOWELL: Corrie: This was asked to be tabled until the August 20 meeting. Rountree: So moved Bentley: Second Corrie: Motion made by Mr. Rountree, second by Mr. Bentley that we table the final plat of Chamberlain Estates No. 2 until the August 20 meeting, any further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea FIVE MINUTE RECESS ITEM #13: PUBLIC HEARING: REQUEST FOR A VACATION OF PORTIONS OF W. 1 ST STRECT, STATE AVENUE AND ALLEY NORTH OF PINE AVENUE BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Corrie: I will now open the public hearing and invite a member from the school district to step forward and speak to the Council. KF:~nt Krohn, 5829 Oriana, Boise, was sworn by the City .~;ttorney. Krohn: Mr. Mayor and Council I am Kent Krohn of Leatham Architects representing the school district tonight. I don't know if you have any kind of picture there in your packet indicating which property we are talking about. The Meridian Elementary School property here is shown in green, the yellow portion on State here and West 1st is the portion and the little bit in the alley is a portion requesting vacation. All of the property for which vacation is requested is bordered by school property. We have been before the Planning and Zoning Commission and received approval from them. They had a couple of conditions which the school district is willing to abide by providing continuing one way alley down the alley here and also giving use easements to the property owners whose property comes onto the alley who would have to come here and use school property to • • ~~ ' Meridian City Council August 6, 1996 Page 29 go one way on the alley behind their'properties. Vacation of this property would allow the school district to resolve several issues and several problems inherent with the school site. If I might come forward a little closer so you can see what is going on here. Right now there is some concern about school bus parking, staff parking; visitor parking, drop off of children by their parents and pedestrian student access to the school. If this property were vacated it would allow some development out in the front of the school that would help resolve those issues. School bus parking could be back on W. 1st Street, these properties could be developed for staff and visitor parking. We would achieve a complete separation of parent drop off of students which would greatly enhance the safety of the school and we would also have the well defined walk ways for pedestrian access to the school not to mention the possibility of really enhancing the appearance of the front of Meridian elementary school by developing this landscaping and so on. This is just a concept plan that we have developed to show what the intent of the district is for that property. Any questions that I might answer? Corrie: Is there anyone else from the public that would like to enter testimony at this time? Hearing none, Council discussion? Morrow: Mr. Mayor, I don't have any problem with this, it seems to me that the P & Z did, after reading their minutes, they did a very good job in terms of protecting the interest of those neighbors that are immediately there with the access easement that Mr. Krohn has eluded to. So from my perspective I think everything is in order. Corrie: Any further comment from Council? Rountree: I have no comment about the proposal, I would have an editorial that I will refrain from. Corrie: Alright I will close the public hearing, any further discussion with Council? Rountree: Mr. Mayor, I would move that we approve the vacation requested by the Meridian School board subject to the conditions set forth by P & Z and the easements identified in the minutes of the Planning and Zoning meeting. Bentley: Second Corrie: Motion by Mr. Rountree, second by Mr. Bentley to approve the request for vacation of the properties subject to the conditions of the motion, further discussion? All those in favor? Opposed? MOTION CARRIED: All Yea • MERIDIAN CITY COUNCIL MEETING: August 6 1996 APPLICANT: MERIDIAN JOINT SCHOOL DIST. N0.2 ITEM NUMBER; 13 REQUEST: PUBLIC HEARING: REQUEST FOR A VACATION 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 P ~ Z MINUTES FROM 7-9-96 SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS l ~~ )'~ ~; .~ OTHER: Materials presented at public meetings shall become property of the City of Meridian. • Meridian Planning & Zoning Commission July 9, 1996 Page 11 MacCoy: Mr. Chairman, I recommend that Planning and Zoning deny the vacation permit as requested. Oslund: I second that motion, call for discussion. Johnson: It has been moved and seconded that we recommend to the City Council to deny the request for vacation of right of way, discussion. Oslund: I kind of changed my tune a~ little bit and I just, after tacking with staff a little bit, and reviewing some of their comments included in the package, realize that there are potential other uses for this right of way for the public including a pathway and possible other future uses therefore I have changed my mind about it. Johnson: Any other comments? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VACATION OF RIGHT OF WAY OF PORTION OS E.1 ST STREET, STATE AVENUE BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Johnson: At this time I will open the public hearing and invite the applicant's representative to address the Commission. Ted Caroon, 1735 Federal Way, Boise, was sworn by the City Attorney. Caroon: Mr. Chairman, members of the Commission this is a request to vacate the portions of State Avenue and the W. 1 st Street shown here in yellow together with a small portion of the adjacent alley, about 60-feet there completely surrounded by Meridian School District property. 1 believe you were given a little sheet like this in color. I would like to at this time point out a small error that got into this sheet. If you will notice the correct school district property as it is shown here with the lot 7, 8, 9 and 10 in these two blocks are actually part of the Meridian School District property. So that all of the area requested for vacation here is actually bordered by only Meridian school district property. Is that clear? The purpose of this request, Meridian School District has recently acquired some property here and they have turned that into a gravel surface parking area for staff. That relieves the parking congestion that we had over here on West 1st and Carlton in this area which was kind of a source of complaints. This has really been pretty successful. Right now it is graveled surface and it is the desire of the school district to go ahead and continue to improve that area and these areas were vacated and could be used by the School District then this entire area could be utilized to develop decent paved parking • Meridian Planning & Zoning Commission July 9, 1996 Page 12 area, a proper place for parents to drop off their students in front of the school and be a generally much improved in terms of appearance and child safety and public usability of this space in this area. I might note that none of the other streets in this area continue through the property either. We do recognize the need to allow emergency vehicles and utilities vehicles like garbage trucks and soon to continue to get around here. The District is certainly willing to work with the City and grant whatever use easements and so on are necessary to enable that to continue. With that I would just respectively request your approval of this application. Johnson: Any questions of the applicant's representative? Oslund: In the comments from staff, comment 2 talks about homes adjacent to the alley will require access through W. 1st Street to get their (inaudible) as the alley is one way, do you, what is that referring to exactly? Caroon: I am not sure what they are referring to, is the alley one way. I guess I was not aware. Oslund: That is what it says, it says cross access easements will be needed for these properties and-clear vehicle driveways. It sounds like to get access some properties will need to be coming across your property and that easements will be required. Caroon: 1 am not sure that is true if they have access off of Pine Avenue here. It may be related to the error that is in that initial drawing that you received that indicated that these properties were, could not be accessed if this alley were vacated from this poirrt. I am not sure that is the case where it is a corrected drawing here. Johnson: Can you add any clarification staff on that particular point? Stiles: Chairman and Commissioners the alley is of a width that does not allow two way traffic and I believe it is one way going south and that is currently how those people access the rear of their lots is having to go down W. 1st and through State to that. I don't know if garbage trucks go down there. Crookston: Mr. Chairman, all alleys within the City are one way alleys. Johnson: Right, and they are used by the Sanitary Service people. Caroon: Excuse me is it possible that could be changed to a one way north to allow these people access to their property. • Meridian Planning & Zoning Commission July 9, 1996 Page 13 Oslund: If we reverse it it seems like they would still have to come across your property at some point going in or out. Caroon: Well it is only just a few lots there. Oslund: I don't have that map in front of me. Stiles: If it were one way the other way then they would have to back out, well no. Crookston: Shari is that how that works, if your car is pointing one direction which is the correct direction but you are backing that is okay? (Inaudible) Caroon: I am sure we can, it is not the intent to close that alley and it is the intent to leave that to allow access for heavier vehicles through there anyway. I am certain that we can incorporate the traffic needs into the alley and the development of the parking areas and drives around the front of the school. Johnson: Any other questions? Hearing none I will invite anyone from the public to address the Commission on this application for a vacation. Seeing no one then I will close the public hearing at this time. Discussion? Recommendation? Ostund: I .think their request seems like a reasonable request. ,The only concern 1 have is what we just talked about and that is can this be done in a way that provides access to these homes as good as they have now. Johnson: You can incorporate those into a motion. Oslund: The staff points out that is what they were getting to when they talked about cross access easements so that would be something the school district would grant to each of those properties to allow them access across and through your facility. If that is acceptable then I think that would be an acceptable solution.- So I guess taking all of that and making it a motion. (Inaudible) Counsel do we need findings on this one? Crookston: (Inaudible) Oslund: I move that the Planning and Zoning Commission recommend to the Council that the vacation be approved with a condition that easements be provided from the District to the affected property owners. • • Meridian Planning & Zoning Commission July 9, 1996 Page 14 MacCoy: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST. FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: Johnson: We have a request from Attorney Steven C. Brown of Ellis; Brown and Shields chartered to defer and reschedule the hearing on August 13, 1996 which we will certainly do. However we have noticed this as a public hearing and at this time we will take testimony from anybody that is willing to give it with the understanding that your questions may be addressed at the presentation date on August 13 by the applicant and we probably will not be able to answer your questions this evening. Bearing that in mind then I will open the public hearing at this time and invite anyone that wishes to address the Commission (End of Tape) Ted Hanson, 1882 Bentley Avenue, was sworn by the City Attorney. Hanson: I was wondering about as P & Z could you clarify for me what the impact is going to be, what you are doing is you are going totally commercial sitting right on the property line of these people's back yards. Don't you have a buffer zone in this impact land somewhere? How would you like to have this 80 room hotel built right behind your back fence. Johnson: I had better not answer any questions like that. We are glad to take your testimony and objection if that is what it is to the application. But as to as answering questions like what would you like and what would you have we are not obligated to answer those kinds of questions. We are here to gather information from you so that our City Council will be better informed when they have to make the decision to approve or not to approve. Hanson: I will restate it, where does the impact plan allow for commercial against residential property. Johnson: There are, and these can be delineated in our comprehensive plan, there are conditions for buffering commercial, residential against residential. In terms of landscape barriers, plantings, fences, sound walls. Those things are available, none of which are mandated. The only thing that is mandated is that there be acceptable buffering, and acceptable is kind of an ambiguous term but it is in terms of what the City Council and staff OFFICIAL ~ ~ S HUB OF TREASURE VALLEY COUNCIL MEMBERS WILLIAM G. BF_RG, JR., City Clerk A Good Place to Live WALT W. MORROW, President JANICE L. GASS, City Treasurer S l wogs Su CITY OF MERIDIAN RONALD R. TOLSMA E C BRUCE D STUART, Wat er pt. GLENN R. BENTLEY JOHN T sHAwcROFr, 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" GORDON, Police Chief WAYNE G. CROOKSTON JR Attorney Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER , ., GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor MEMORANDUM: July 3, 1996 To: Planning & Zoning Commission, Mayor & Council From: Bruce Freckleton, Assistant to City En ineerc~~~ Shari Stiles, P&Z Administrator < Re: REQUEST FOR VACATION OF A PORTION OF W. FIRST STREET, STATE AVENUE AND ALLEY by Joint School District No. 2 We have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the Applicant during the hearing process: 1. The City of Meridian owns and maintains existing sanitary sewer and water mains within W. First Street and in the alley. If the vacation is approved, appropriate easements will need to be granted to the City of Meridian. 2. Homes adjacent to the alley will require access through W. First Street to get to their properties, as the alley is one-way. Cross-access easements will be needed for these properties, and clear vehicle driveways need to be maintained for emergency vehicles and garbage trucks. 3. Applicant should work with Ada County to clean up and consolidate the multiple properties under Joint School District No. 2 ownership. Carlton Avenue, though a building is constructed on it, is still a dedicated public roadway. C:\OFFICE\WPWIlV\WPDOCS\SCf~OL. VAC ' WILLIAM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HU • B OF TREASURE VALLEY GOUNGIL MEMBERS A Good Place to Live WALT W. MORROW, President CITY OF 1VI~RIDIAN RONALD R. TOLSMA EE C T R L E' Y G ENN R. BENTL 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4'433 • FAI6 (2'618) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Deparhnent (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 Planning & Zoning Commi ssion, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~,Iuly 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of a uortion of N First St State Avenue BY: Jim Carberry for Joint School District No 2 LOCATION OF PROPERTY OR PROJECT:- SW corner of Lot 4, Block 2 of Nidax's Addition JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT -GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, 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 SEWER DEPARTMENT BUREAU OF RECLAM TI ( LIM & FINAL PLAT) ~ CITY FILES BUILDING DEPARTMENT OTHER: ~~~(((,,, FIRE DEPARTMENT ~ YOUR CONCISE REMARKS: CITY ATTORNEY CITY ENGINEER CITY PLANNER i7 f'i~ .{ ~~,ia il.~,.,~, ~`~~ tVll`RI~IAf`~ 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 • H ~ UB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place lmo Live WALT W. MORROW, President CITY OF MERIDIAN RONALD R. TOLSMA EE C GLENN R. BENTLEY 33 EAST IDi,~HO~ MERIDIAN, IDIlHO 83642 P 8 Z COMMISSION Phone (208) 888-4433 • FAQ' (208) 887-4813 JIM JOHNSON, Chairman Public Works/Building Departeat (208) 887-2211 TIM HEPPER Motor Vehicle/Drivers Licease (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 Planning ~ Zoning Commission, please subm~ your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by: Julv 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of a aortion of N First St ,State Avenue BY: Jim Carberry for Joint School District Igo 2 LOCATION OF PROPERTY OR PROJECT: SW corner of Lot 4, Block 2 of Niday's Addition JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANFtING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT -RONALD TOLSMA, C/C SETTLERS fRRIGATION DISTRICT CHARLIE ROUNTREE, C/C IDAHO POYIIEER 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 BUILDING DEPARTMENT CITY FILES OTHER: ~'- `~~ "~'~'` YOUR CONCISE REMARKS: -POLICE DEPARTMENT CITY ATTORNEY ,~~~ ;,4,~, ,;,per ~; ~ ~ ,~,~~ ~ CITY ENGINEER CITY PLANNER ~.,,,~,, S ~~~ id~.l , ~ jG!!i~ _. f1)rirs~• ~~~ WILLI<cM G. BF_RG, JR., City Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live WALT W. MORROW, President RONALD R. TOLSMA CITY OF MERIDIAN C GLENN R. BENTLEY E 33 EAST IDAHO MERIDIAN, IDAHO 83642 P & Z COMMISSION Phone (208) 888-4433 • FAX (208) 887-481° ~~ (~ Dt1Y7(~ (~„t JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 L7 ~~// II-~`~~ L. J TIM HEPPER Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER JUN 2 ,~ 19~ GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor NAMPA ~ MERIDIAN IRRIGATION DISTRICT TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning & Zoning Commission, please submit your comments and recommendation to Meridian City Hall, Attn: Will Berg, City Clerk by:~,luly 2. 1996 TRANSMITTAL DATE: 6/18/96 HEARING DATE: 7/ 9/96 REQUEST: Vacation of a raortion of N First St ~ State Avenue BY: Jim Carberry for Joint School District No 2 LOCATION OF PROPERTY OR PROJECT: SW corner of Lot 4~ Block 2 of Niday's Addition JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MALCOLM MACCOY, P/Z MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT GREG OSLUND, P/Z ADA PLANNING ASSOCIATION TIM HEPPER, P/Z _~CENTRAL DISTRICT HEALTH BOB CORRIE, MAYOR RONALD TOLSMA C/ ~` ` ~~ •~~ ©tSTP't~T -y " , C E TTLERS 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: Namna h MPT'l rl i an Trr i ~ -POLICE DEPARTMENT CITY ATTORNEY ga on District has no comment on the above referenced CITY ENGINEER CITY PLANNER Bill R. _enson. Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT ED J u r~ z z ~q~s c~rv o~ M~a~~x Meridian Planning & Zoning Commission July 9, 1996 Page 11 MacCoy: Mr. Chairman, I recommend that Planning and Zoning deny the vacation permit as requested. Oslund: I second that motion, call for discussion. Johnson: It has been moved and seconded that we recommend to the City Council to deny the request for vacation of right of way, discussion. Oslund: I kind of changed my tune a little bit and I just, after talking with staff a little bit, and reviewing some of their comments included in the package, realize that there are potential other uses for this right of way for the public including a pathway and possible other future uses therefore I have changed my mind about it. Johnson: Any other comments? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #9: PUBLIC HEARING: REQUEST FOR A VACATION OF RIGHT OF WAY OF PORTION OS E.1ST STREET, STATE AVENUE BY MERIDIAN JOINT SCHOOL DISTRICT NO. 2: Johnson: At this time I will open the public hearing and invite the applicant's representative to address the Commission. Ted Caroon, 1735 Federal Way, Boise, was sworn by the City Attorney. Caroon: Mr. Chairman, members of the Commission this is a request to vacate the portions of State Avenue and the W. 1st Street shown here in yellow together with a small portion of the adjacent alley, about 60 feet there completely surrounded by Meridian School District property. l believe you were given ~: little sheet like this in color. I would like to at this time point out a small error that got into this sheet. If you will notice the correct -- school district property as it is shown here with the lot 7, 8, 9 and 10 in these two blocks -_ are actually part of the Meridian School District property. So that all of the area requested for vacation here is actually bordered by only Meridian school district property. Is that clear? The purpose of this request, Meridian School District has recently acquired some property here and they have turned that into a gravel surface parking area for staff. That relieves the parking congestion that we had over here on West 1st and Carlton in this area which was kind of a source of complaints. This has really been pretty successful. Right now it is graveled surface and it is the desire of the school district to go ahead and continue to improve that area and these areas were vacated and could be used by the School District then this entire area could be utilized to develop decent paved parking • • Meridian Planning & Zoning Commission July 9, 1996 Page 12 area, a proper place for parents to drop off their students in front of the school and be a generally much improved in terms of appearance and child safety and public usability of this space in this area. I might note that none of the other streets in this area continue through the property either. We do recognize the need to allow emergency vehicles and utilities vehicles like garbage trucks and so on to continue to get around here. The District is certainly willing to work with the City and grant whatever use easements and so on are necessary to enable that to continue. With that I would just respectively request your approval of this application. Johnson: Any questions of the applicant's representative? Oslund: In the comments from staff, comment 2 talks about homes adjacent to the alley will require access through W. 1st Street to get their (inaudible) as the alley is one way, do you, what is that referring to exactly? Caroon: I am not sure what they are referring to, is the alley one way. I guess I was not aware. Oslund: That is what it says, it says cross access easements will be needed for these properties and clear vehicle driveways. It sounds like to get access some properties will need to be coming across your property and that easements will be required. Caroon: I am not sure that is true if they have access off of Pine Avenue here. It may be related to the error that is in that initial drawing that you received that indicated that these properties were, could not be accessed if this alley were vacated from this point. I am not sure that is the case where it is a corrected drawing here. Johnson: Can you add any clarification staff on that particular point? Stiles: Chairman and Commissioners the allay is of a width that does not allow two way traffic and I believe it is one way going south and that is currently how those people access the rear of their lots is having to go down W. 1st and through State to that. 1-don't know if garbage trucks go down there. Crookston: Mr. Chairman, all alleys within the City are one way alleys. Johnson: Right, and they are used by the Sanitary Service people. Caroon: Excuse me is it possible that could be changed to a one way north to allow these people access to their property. ~ r Meridian Planning & Zoning Commission July 9, 1996 Page 13 Oslund: If we reverse it it seems like they would still have to come across your property at some point going in or out. Caroon: Well it is only just a few lots there. Oslund: I don't have that map in front of me. Stiles: If it were one way the other way then they would have to back out, well no. Crookston: Shari is that how that works, if your car is pointing one direction which is the correct direction but you are backing that is okay? (Inaudible) Caroon: I am sure we can, it is not the intent to close that alley and it is the intent to leave that to allow access for heavier vehicles through there anyway. I am certain that we can incorporate the traffic needs into the alley and the development of the parking areas and drives around the front of the school. Johnson: Any other questions? Hearing none I will invite anyone from the public to address the Commission on this application for a vacation. Seeing no one then I will close the public hearing at this time. Discussion? Recommendation? Oslund: I think their request seems like a reasonable request. The only concern I have is what we just talked about and that is can this be done in a way that provides access to these homes as good as they have now. Johnson: You can incorporate those into a motion. Oslund: The staff points out that is v.;~at they were getting to when they talked about cross access easements so that would be something the school district would grant to each of those properties to allow them access across and through your facility. If that is acceptable then I think that would be an acceptable solution. So I guess taking atl of that and making it a motion. (Inaudible) Counsel do we need findings on this one? Crookston: (Inaudible) Oslund: I move that the Planning and Zoning Commission recommend to the Council that the vacation be approved with a condition that easements be provided from the District to the affected property owners. • • Meridian Planning & Zoning Commission July 9, 1996 Page 14 " MacCoy: Second Johnson: We have a motion and a second, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #10: PUBLIC HEARING: REQUEST FOR ANNEXATION AND ZONING TO C-G BY EAGLE PARTNERS LLC: Johnson: We have a request from Attorney Steven C. Brown of Ellis, Brown and Shields chartered to defer and reschedule the hearing on August 13, 1996 which we will certainly do. However we have noticed this as a public hearing and at this time we will take testimony from anybody that is willing to give it with the understanding that your questions may be addressed at the presentation date on August 13 by the applicant and we probably will not be able to answer your questions this evening. Bearing that in mind then I will open the public hearing at this time and invite anyone that wishes to address the Commission (End of Tape) Ted Hanson, 1882 Bentley Avenue, was sworn by the City Attorney. Hanson: I was wondering about as P & Z could you clarify for me what the impact is going to be, what you are doing is you are going totally commercial sitting right on the property line of these people's back yards. Don't you have a buffer zone in this impact land somewhere? How would you like to have this 80 room hotel built right behind your back fence. Johnson: I had better not answer any questions like that. We are glad to take your testimony and objection if that is what it is to the application. But as to as answering questions like what would you like and what would you have we are not obligated to answer those kinds of quest,;~ns. We are here to gather information from you so tt;at our City Council will be better informed when they have to make the decision to approve or not -- to approve. -_ _ Hanson: I will restate it, where does the impact plan allow for commercial against residential property. Johnson: There are, and these can be delineated in our comprehensive plan, there are conditions for buffering commercial, residential against residential. In terms of landscape barriers, plantings, fences, sound walls. Those things are available, none of which are mandated. The only thing that is mandated is that there be acceptable buffering, and acceptable is kind of an ambiguous term but it is in terms of what the City Council and staff MERIDIAN PLANNING & ZONING COMMISSION MEETING: JULY 9.1996 APPLICANT: MERIDIAN JOINT SCHOOL DISTRICT N0.2 AGENDA ITEM NUMBER: 9 REQUEST; REQUEST FOR A VACATION OF RIGHT OF WAY OF PORTIONS OF E 1ST STATE AVE 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 ~ (/ ,,,, ~ " ~ `~'" SEE ATTACHED COMMENTS l~ v ~ ,cy~ ! ~~ ~~ v "REVIEWED" ~ `" GZp ~ ~'1' I SEE ATTACHED COMME TS C, ~ w ~ ~ ~l V SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS OTHER: All Materials presented at public meetings shall become property of the City of Meridian.