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Waterbury Park Sub No. 5 FPt OFFICIALS WILLIAM G. BERG, Jr., CHy Clerk JANICE L. GASS, Clty Troaaurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. 3HAWCROFT, Waets Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P ~ Z Adm. KENNETH W. BOWERS, Firo Chlet W. L "BILL" GORDON, Police Chlef WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D CORRIE CITY OF MERIDIAN WALTW.MORROW P 8 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 ~ ~` MOE AUDJANI JIM SHEARER ~D a Phone (208) 888433 • FAX (208) 887813 ~C~ CHARLIE ROUNTREE ~~ Public Works/Building Department (208) 887-2211 TIM HEPPER GRANT P. KINGSFORD ~ ~ fT ~ ~ ~+~~~ Mayor CITY ®F MERIDIAN 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: July 11, 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18/95 REQUEST: Final Plat for Waterbury Park Subdivision No 5 BY: Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick, East of Linder JIM JOHNSON, P2 MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM 8~ FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8t FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8~ FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: • ~ REQUEST FOR SUBDIVISION APPROVAL 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 Clerk's 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. GENERAL INFORMATION 1. Name of Annexation~ndSubdivision, Waterbury Park Subdivision No. 5 2. General Location, E1/2,SE1/2 NW1/4 & W1/2,SW1/4,NE1/4 Section iT3N, RiW._ B.M. dl~a County 3. Owners of record, _Ramon Yorgason, Capital Devel opme.nt Address, 2304 N_ Cole Rd, Boise, ID 83704 Telephone 377-39'39 _ 4. Applicant, Ramon Yorgason Address, Same 5. Engineer, Eugene P. Smith Firm Hubble Engineering. Inc. Address, 9550 Bethel Ct.. Boise. ID 83709 ,Telephone .j208~22-8992 6. Name and address to receive City billings: Name: Applicant Address: , _ Telephone:,_ __ PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 14.56 2. Number of Lots: 52 3. Lots per Acre: 3.57 4. Density per Acre: 3.57 5. Zoning Classification(s): R-4 6. If the proposed subdivision is outside the Meridian City Limits, but within the jurisdictional mile, what is the existing zoning classification 7. Does the plat border a potential green belt Yes 8. Have recreational easements been provided for No 9. Are there proposed recreational amenities to the City No Explain N/A 10. Are there proposed dedications of common areas Yes Explain Landscape Areas _ For future parks No Explain N/A 11. What school(s) service the area _ Meri di a___n_i _ Do you propose any agreements for future school sites.-_ No Explain N/A 12. Other proposed amenities to the City X Water Supply X Fire Department X ,Other Sanitary Sewer Other 13. Type of building (residential, commercial, industrial, or combination) Residential 14. Type of dwelling(s), single family, duplexes, multiplexes, other Single family _ 15. Proposed development features: a. Minimum square footage of lot(s) 8,000 sq. ft. _ b. Minimum square footage of structure(s) per ordinance c. Are garages provided for Yes square footage. 400 sg. ft. d. Are other coverings provided for No e. Landscaping has been provided for Yes Describe Common lots to be owned and maintained by Homeowner's Assn f. Trees will be provided for X Trees will be maintained Homeowner' s Association g. Sprinkler systems are provided for Yes h. Are there multiple units No Type Remarks i. Are there special setback requirements No Explain j. Has off street parking been provided for No Explain N/A k. Value range of property- __$90,000 + I. Type of financing for development Standard m. Protective covenants were submitted Date Future 16. Does the proposal land lock other property No Does it create enclaves No • i STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as requin:d 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. /frm. G~~y ,~_ -~„ ~~ URV ~ ~ RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 STATEMENT OF COMPLIANCE and CONFORMANCE FOR WATERBURY PARK SUBDIVISION NO. 5 208/322-8992 ^ Fax 2081378-0329 The final plat of Waterbury Park Subdivision No. 5 has been prepared in substantial compliance with the approved PRELIMINARY PLAT OF WATERBURY PARK SUBDIVISION N0. 5 and meets with the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided. All street names will appear as approved by the Ada County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances. rnls roRr,+ ruRNlsnrr, couRrrsr or. S'I'E1~'AR'I' 'I'I'I'1,E Rcnn,e nrrao+'rn nY~ altnrrrrres,`t' _ - ~, (h 6 0 5 } - ---------------- ---~ - IS LrNE rOR REr'ORDINO DATA __._ ____ _. vroer No.s 930h1906 TN/LF `~'ARItAN"1'Y llL'I~ll FOR VALUF_ RECEIVED ERi.,I1t7 J. VENI\BLE and C11RYI, ANC7E VENIIBLE, husband and ~•if.e G OR TT1S0(N) J1NDs(thARILYtJ YOP.G1150N~C ulsbandLarldCwifeF~. clnto J. R71MOI~ GRANTEE(S), «'hose current address is: 2304 N. COLE ROnh, Bt~ISE, IDl1}}0 A3704 the foliocving described real property in 11I?71 County, State of Idaho, more particularly described as follows, to wn: ns set forth on the attached EXHIBIT "n", which by this reference becomes a part hereof. TO (IAVE AND TO EiULU the said premises, ++'ith their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are Ule owner(s) in fee simple of said premises; Ulat said premises are free from all encumbrances, EXCEP"t those to which this conveyance is expressly made subject and those made, suffered or clone by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if an}') of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and Ulat Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: October 27, 199h ~~~, ~~ ~~~_ l!~~L-4--1L`="-• - ~ P,~ I~,t+1tiE VEN~IaBLE ERLAPd X. VENT+BLE STATE OF IUn}10 COUNT' OF I~DII On this 7_E'~t}r day of Oct.oher , in the year of 1999 ,before me, tl-e undersigned, a Notary Public in and for said State, personally appeared ERLnN J . VENIIBL~E and CNtYL RNtdE VEi7T+BLF.. 4:nn+vn or identified to nlc w he the pcrsnn(s) whose name(s) is/are subscritred to the ithir , rslrument, anti acknowledged to me that hclshe/Illey executed the lama ~/ / - t° f•dOT/1f3Y PIJi'U~ t3 Narnc: 'I'RiI7A NIS}iI'TNII _.._ STATE OF ID/1110 `--- ttir~"'r,;"" P.csidin~, at: BU1SE, ID11fIU _~.____.__ __ MY Cornmisslon CJrrirns G 2B ?7. -- --- --- hty Commission cs: 06 j 213/9'7 Continuation of Exhibit n Order No. S'I'-93041906 TN/L~F North 89 degrees 46' West a distance of 411.64 feet, more or less, to the Northeast corner of that certain parcel described in a deed recorded as Instrument No. 845119; thence South o degreeG 20'20" EaQt, along the East line of tk'oinbove mentioned parcel, a distance of 50 feet to a p thence South 89 degrees 46' East a distance of 411.64 feet, more or less, tc tkie RE11L FUItdT OF BEGINNING. Fl1RCEL III 11 perpetual Non-Exclusive Ease~eonereor Ingress and Egress over tk~e following described p p Y' 11 strip of land being 20.00 feet in width in ttie East Half of the East Half of tt~e Northwest Quarter of said Weste~lylofTtlieGfollowingtdescribedllinet adjacent to and BEGItdNIt7G at the North Quarter corner of said Section 1, wkiich is the RE71L FOIN'I' OE BEGINNING; thence South 1,320 feet, more or less, along the F,asterly boundary taortkiwesjtrQluartercofnsaidfSekctionL1lhethen4earter of tt~e South 462 feet, more or less, along the Easterly boundary of. the Southeast Quarter of tkie Northwest Quarter of said Section 1 to the Northeast corner of the South thirteen acres of the East Half of the Southeast Quarter of t}ie Northwest Quarter of said Section 1 to "point ~" which is the FOINT OF ENDING. ~' ~ (.~/~ t/; 1 -2- ~ ; i ;• v ~ y N ' ~~`~ ~ ~, 0 ~~ ,,,~ ~'~_~ ---- i----- 69 T M r 3 CR + ` .,, g ~qS~h 4 ~'"'~6A ~ ~qT 5 a £ ss9-ism Rq< goo 6 ~ 7 ~ 7 a` 0 J ~~9ooi t /Z p 2 k r 1 vR 3 ~ Tests ti+aP IS FURNISHED AS AN ACCOMW40OATlON, S~nIC~t.Y FOR THE PURPOSES OF GENERALLY l~ ~~..~ WG THE LAND. R DOES NOT REPRESENT A S: ~ ~'EY CF THE UND OR IMPLY ANY Rc r~i:. SE NTATIONS AS TO THE SIZE, AREA OR ANY OTHEn FACTS RELATED TO 7HE LAND SHOWN THEREON. 2 Cow C ~soo ;;R~,.aF- eareir~anf R 4 k l ~: ~ ~~ j ~~ ~ 5 z l ~ /` ~l ~r ~ ,,02 I I ~'` _~~ ~ t ~ ~~v 0 ~ `~`,~ s ~ ~' s ~~ ~ X05 a oc 0 Y V a J ? 7w~ .t -% , _ ~;. i • ^ E~ • '~' '`" RUBBLE ENGINEERING, INC. `~ Ay 9550 Bethel Court • Boise, Idaho 83709 2081322.8992 • Fax 2081378-0329 PROJECT N0.9403400 MAY 2, 1995 DESCRIPTION OF WATERBURY PARK SUBDNISION N0.5 FOR CAPITAL DEVELOPMENT, INC. PORTIONS OF THE E1/2 SE1/4 NW1/4, AND W1/2 SW1/4 NE1/4, SECTION 1, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND BEING PORTIONS OF THE E1/2 OF THE SE1/4 OF THE NW1/4 AND W1/2 OF THE SW1/4 OF THE NE1/4 OF SECTION 1, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN IRON PIN MARKING THE SECTION CORNER COMMON TO SECTIONS 35 AND 36, T.4N., R.1W., B.M., AND SECTION 2 AND THE SAID SECTION 1; THENCE SOUTH 0°00'29" EAST 2699.27 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A BRASS CAP MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 2 AND 1; THENCE SOUTH 89°2728" EAST 2655.29 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A 2-INCH GALVANIZED PIPE WITH BRASS CAP MARKING THE CENTER OF THE SAID SECTION 1, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING (INITIAL POINT); THENCE NORTH 89°27'28" WEST 663.82 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE NW1/4 OF SECTION 1 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE NORTH 0°05'40" EAST 862.19 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE SOUTH 89°20'11" EAST 664.35 FEET; THENCE SOUTH 76°16'49" EAST 70.86 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 30 OF BLOCK 1 OF WATERBURY PARK SUBDIVISION N0.4, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 66 OF PLATS AT PAGES 6862 AND 6863; THENCE SOUTH 0.24'09" EAST 844.72 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID WATERBURY PARK SUBDMSION N0.4 TO A POINT MARKING THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 7 OF THE SAID WATERBURY PARK SUBDIVISION N0.4; WATERBURY PARK SUBD. N0.5 PAGE 1 OF 2 • ~- , THENCE NORTH 89.27'21" WEST 76.71 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 1 TO THE POINT OF BEGINNING, COMPRISING 14.56 ACRES, MORE OR LESS. CS/DTP/GLR/VW/842.DES ~ D. TERRY PEUGH, P.L.S. WATERBURY PARK SUED. NO. S PAGE 2 OF 2 PREPARED BY: NUBBLE ENGINEERING, INC. s • N eA.s a eEAR.Io ..v_,r. a.s ~R----- --- --- --- 1 ~ '•1 i i 1~~l~ t~ ~ i ! s ~~~ ; ~~i ~~ ~ ~~ ~ I I I I I ~ ' ~~~ ~ ~ .~ ~ I I ~F w ~~ ~~ t~ ~ ~~ ~ i ( ~ I ~ I ~~i ~ ~ ~ ~; ~ ~ ~ ~ ~ ~ ~e ~a ~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g~ g~ g ~ as i ~ Y y } UNPlA1TED i • I~ ~~ • • ~ ® ~ -~- r ~ des' ~ ~wi1a °~ ~~ I arA ~ ? ~ • t I .`ll I • • • ~~ J I O I O ~ O 1 0 I c ~RJ I ® ~ ~~, .r • r ~~yy b 9' l l~ ® 1P O O ( O O ~ r = I~ L • p '.V ~ ~ • I M • • I 1 I • 4~ ~~ .III ® \ ~ I ~ •a ~ I~ I .~ I • ~ 4 _ ~ i m~atL - AVENUE ~ I I ~ w ~~ Y~ ~~i ~i ~~9 :fe ~iA ~~ ~~ ti R w WATERBVRY -ARK SU001VISION N0. Ik ~. ~ ~ e ~ z 1 ~ ~ r H ti I ~ I 0 I I I~ I I~` 1 I • 1 ~ Yv I e / '" ~~ i T V 1 T QN Z ~ ~, Z ' m~~ rrl ~ ~ O ~ C ~ \ ZmN~ ~ A (A 'fl ~y3 i toD~,p oZ ~ N C~n~Zl'nS Cnp~ ~ ~ OZ i ZW\~Z; ~ ~Z~~~ Z ~ Imo, v D m ~ ~ oo ~N~ i NQ \~ Q I r~ v1 ~~-~~ NGI ~~ -s~ ~~_ _~i RVE • i RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 STATEMENT OF COMPLIANCE and CONFORMANCE FOR WATERBURY PARK SUBDIVISION NO. 5 208/322-8992 ^ Fax 208/378-0329 The final plat of Waterbury Park Subdivision No. 5 has been prepared in substantial compliance with the approved PRELIMINARY PLAT OF WATERBURY PARK SUBDIVISION NO. 5 and meets with the conditions and requirements of the preliminary approval; it conforms to the requirements of the City of Meridian Subdivision Ordinance and with accepted practices and standards of engineering and surveying. The proposed use is in conformance with the City of Meridian Comprehensive Plan and the current land use zone. The development will comply with all relevant City ordinances and requirements in connecting to City services. All appropriate easements have been provided. All street names will appear as approved by the Ada County Street Name Committee. All streets and related construction will be built to the standards of the Ada County Highway District and any relevant City ordinances. 'I~IIIS FORM PIIRNISIIFU COUR'rfSY OF' S'I'I;1'','AIt'I' 'CI'I'L,E ar.nn.e nrrr.oveo nr c;anNrr•.r•.tsr: 4605 srncr: naovr Tnls LINE rOR RFCORDII~O DnTn__.___ _ Order No.: 93041906 T'N/LF FOR VA1.,UF_ RECEIVED ERLAN J. VENABLE and CARYL ANNE VENASLE, husband and wife GRANTOR(S), does(do) hereby GRANT', BARGAIN, SELL and ('ONVEY unto J . RAMON YORG7ISON AND MARILYN YORGASON, husband and wife GRANTEE(S), whose current address is: 2304 N. COLE R011D, BOISE, IDAIiO 83704 Ule follo~~'ing clescrihed real property ill ADA County, Stale of Idaho, more particularly described as follows, to wit: As set forth on the attached EXIIIBIT "A", which by this reference becomes a part Hereof. TO HAVE AND TO EIOLll the said premises, with their appurtenances unto lire said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and ttrat Grantor(s) will warrrant and defend Ure same from all lawful claims whatsoever. Dated: October 27, 1994 ERLAN VENABLE RYL t7E VENABLE STATE OF IDAl10 COUNT' OF ADA On this 28th clay of October , in the year v( 1994 ,before me, qre undersigned, a Notary Public in and for said Slate, personally appeared ERLAN J . VENABLE and CARYL ANNE VF.NABLE known or identified to me to he the person(s) whose name(s) is/are subscribed to Ute ithil ; Islrument, and acknowledged to me That helshe/they executed the same. - TRI1~!/1 NISI 11 T." "' Signature: _ ~ - er NOT/~f3Y t,Uf;UC ~ Name: 'iRINA NISHITANI ____ ST/1TE OF ID/lfip t~rr~~~r,h~l My Gonunisston F~rplres G 2t3~87. RCSidInF al: BOISE, IDAIiU _._________ My Cvtrunission Expires: 06/28/9'1 ~S'ARRAN"I'Y llLI~D ORDER NO. 93041 N/LF ~l EXIIIBIT "A" F1IRCRL I A part of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1., Township 3 North, Range 1 West, of the Boise Meridian, mere particularly described, to-wit: COMMENCING at the marked stone at the Southeast corner of the Northwest Quarter. of Section 1, 'Ibwnship 3 North, Range 1 West, Boise Meridian; thence North 89 degrees 53'30" West 411.15 feet along the South line of the said Northwest Quater, to the POINT OF BEGINNING; thence continuing North 89 degrees 53'30" West 252.70 feet, along the said South line, to t}~e Southwest corner of the East F}alf of t}re Southeast Quarter of the Northwest Quarter of said Section 1; thence North 0 degrees 20'20" West 862.19 feet, along the West line ~: of the said East Ilalf of t}ie Southeast Quarter of the Northwest Quarter, to the Northwest corner of the South 7/20 of the said East Ilalf of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 46' East 252.70 feet, along the North line of the said South 7/20 of the East Half of the Southeast Quarter of the Iorthwest Quarter; thence South 0 degrees 20'20" East 861.64 feet, to the POINT OF BEGINNING. PARCEL II That portion of the East half of the Southeast Quarter of the Northwest Quarter of Section, Township 3 North, Range 1 West, Boise Meridian, Ada County, Ida}io and being more particularly described as follows: COMMENCING at a marked stone at the Southeast corner of the Northwest Quarter of said Section 1; thence North 0 degrees 18'30" West 810.74 feet, along the Eaet line of the said Northwest Quarter to the REAL POINT OF BEGINNING; thence North 0 degrees 18'30" West 50 feet to the Northeast corner of the South 13/20 of the Fast Half of the Southeast Quater of t}ie Northwest Quarter of said Section 1; thence -1- ~. ,i S , . ~i -,.. Continuation of Rxhibit n Order No. S'I'-93041906 TN/L~F North 89 degrees 46' West a distance of 411.64 feet, more or less, to the Northeast corner of that certain parcel described in a deed recorded as Instrument No. 845119; thence South 0 degrees 20'20" East, along the Eaet line of the above mentioned parcel, a distance of 50 feet to a point; thence South 89 degrees 46' East a distance of 411.64 feet, more or less, to tt~e RE11L FOINT OF BEGINNING. FARCEL III 1~ perpetual Non-Exclusive Easement for Ingress and Egress over the following described property: A strip of land being 20.00 feet in width in the East Half of the East Fialf of the Northwest Quarter of said Section 1, Township 3 North, Range 1 West adjacent to and Westerly of the following described line. BEGINNING at the Nortli Quarter corner of said Section 1, which is the RE71h POINT' OF BEGINNING; thence South 1,ofOtheeNortheastrcorner ofothetSoutheastlQuarteaaof the Northwest Quarter of said Section 1; thence South 462 feet, more or less, along the Easterly boundary of the Southeast Quarter of the Northwest Quarter of said Section i to the Northeast corner of the South thirteen acres of the East half of the Southeast Quarter of tl~e Northwest Quarter of said Section 1 to "point A" which is the POINT OF ENDING. -2- `l. 2 y .~ 0 '/`r'wa ---- ~----- .~ M r 3 ~R e~ g FgSpN ~, 4 .N~Y6~ n ~ 5 a qT :~-~~ Rq~ ioo 6 ~ "7 r7 ~ THIS t,~4P IS FURNISHED AS AN ACCOMMODATION, STF,~;,Kt.Y FOR THE PURPOSES OF GENERALLY li),~,.TING THE LAND. IT DOES NOT REPRESENTA S, F. ~'c Y CF THE IAND OR IMPLY ANY R~ rR~ SE NTATIONS AS TO THE SIZE, AREA OR ANY O`+HER FACTS RELATED TO THE LAND SHOWN THEREON. ~~ C ~s`--~ - i ~V lll:a i ~i ~ , , ~> ~l~ ~ X05 ~~ D z a ~c 0 Y V Q J T ~w i. ~, ~~ , -, ~~ .. ,~ ,,~_ ~,, • c.`~,~b(~ ~, slay i. • RUBBLE ENGINEERING, INC. 9550 Bethel Court • Boise, Idaho 83709 2081322.8992 ^ Fax 2081378-0329 PROJECT N0.9403400 MAY 2, 1995 DESCRIPTION OF WATERBURY PARK SUBDMSION N0.5 FOR CAPITAL DEVELOPMENT, INC. PORTIONS OF THE E1/2 SE1/4 NW1/4, AND W1/2 SW1/4 NE1/4, SECTION 1, T.3N., R.1 W., B.M. MERIDIAN, ADA COUNTY, IDAHO A PARCEL OF LAND BEING PORTIONS OF THE E1/2 OF THE SE1/4 OF THE NW1/4 AND W1/2 OF THE SW1/4 OF THE NE1/4 OF SECTION 1, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN IRON PIN MARKING THE SECTION CORNER COMMON TO SECTIONS 35 AND 36, T.4N., R.1W., B.M., AND SECTION 2 AND THE SAID SECTION 1; THENCE SOUTH 0°00'29" EAST 2699.27 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A BRASS CAP MARKING THE ONE-QUARTER CORNER COMMON TO THE SAID SECTIONS 2 AND 1; THENCE SOUTH 89°27'28" EAST 2655.29 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NW1/4 OF SECTION 1 TO A 2-INCH GALVANIZED PIPE WITH BRASS CAP MARKING THE CENTER OF THE SAID SECTION 1, ALSO SAID POINT BEING THE REAL POINT OF BEGINNING (INITIAL POINT); THENCE NORTH 89°2T28" WEST 663.82 FEET ALONG THE SAID SOUTHERLY BOUNDARY OF THE NW1/4 OF SECTION 1 TO A POINT MARKING THE SOUTHWEST CORNER OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE NORTH 0°05'40" EAST 862.19 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID E1/2 OF THE SE1/4 OF THE NW1/4 OF SECTION 1; THENCE SOUTH 89°20'11" EAST 664.35 FEET; THENCE SOUTH 76°16'49" EAST 70.86 FEET TO A POINT MARKING THE NORTHWEST CORNER OF LOT 30 OF BLOCK 1 OF WATERBURY PARK SUBDIVISION N0.4, AS FILED FOR RECORD IN THE OFFICE OF THE ADA COUNTY RECORDER, BOISE, IDAHO IN BOOK 66 OF PLATS AT PAGES 6862 AND 6863; THENCE SOUTH 0°24'09" EAST 844.72 FEET ALONG THE WESTERLY BOUNDARY OF THE SAID WATERBURY PARK SUBDIVISION N0.4 TO A POINT MARKING THE SOUTHWEST CORNER OF LOT 18 OF BLOCK 7 OF THE SAID WATERBURY PARK SUBDIVISION N0.4; WATERBURY PARK SUBD. NO.5 PAGE 1 OF 2 1~ .~ THENCE NORTH 89.27'21" WEST 76.71 FEET ALONG THE SOUTHERLY BOUNDARY OF THE SAID NE1/4 OF SECTION 1 TO THE POINT OF BEGINNING, COMPRISING 14.56 ACRES, MORE OR LESS. CS/DTP/GLR/VW/842.DES ~ D. TERRY PEUGH, P.L.S. WATERBURY PARK SUED. NO. S PAGE 2 OF 2 PREPARED BY: RUBBLE ENGINEERING, INC. TIIIS FORM FURNISr1EU COL1R"I'ESY OF: STEWART TITLE READ cYc APPROVED BY ORAN"PEE(S). _ __ - { 4 7 0 5 ~ --------- -------- ,,: ':{~U ac1sE IIJ ~;~-Ewr~~~ ~rrrl_rr 0 Ft:E.-~~=~-- .. i ST cl( RECUiIUE:iJ i.l . SPACE ABOVE THIS LINE FOR RECORDING DA"PA____-_____ Order No.: 93041905 `1'N/WO WARRANTY DL+'CD FOR VALUE RECEIVED ORA VENABLE (also shown of record as Ora J . Venable), an unmarried woman GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto J . RAMON YORGASON AND MARILYN YORGASON, HUSBAND AND WIFE GRANTEE(S), whose current address is: 2.3 04 N . COLE ROAD , BOISE , IDAHO t3 3 7 04 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto tl{e said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(cto) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservatirnis, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet. clue and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: October 27, 1994 ORA VENABLE ACKNOWI-EllGED}GN'I' - InJiridual STATE OF IDAHO ) srnrF or• ___ Ill11IIQ_ ____._--. c,,,,,,~Y „I _____ _~~-__-_- . 5s. COUNTY OF ADA ) 2BL-I} On this ________ day of OC (:Ober 4 ORDER N0. 93041905 TN/WO EXHIBIT "A" PARCEL I: The South 13 acres of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1 in Township 3 North of Range 1 West of the Boise Meridian, in Ada County, Idaho. EXCEPTING therefrom: That portion of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, of the Boise Meridian, more particularly described, to-wit: COMMENCING at the marked stone at the Southeast corner of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North 89 degrees 53'30" West 411.15 feet along the South line of the said Northwest Quarter to the POINT OF BEGINNING; thence continue North 89 degrees 53'30" West 252.70 feet, along the said South line to the Southwest corner of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 0 degrees 20'20" West 862.19 feet, along the West line of the said East Half of the Southeast Quarter of the Northwest Quarter, to the Northwest corner of the South 7/20 of the said East Half of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 46' East 252.70 feet, along the North line of the said South 7/20 of the East Half of the Southeast Quarter of the Northwest Quarter; thence South 0 degrees 20'20" East 861.64 feet, to the POINT OF BEGINNING. ALSO EXCEPTING therefrom: That portion of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at a marked stone at the Southeast corner of the Northwest Quarter of said Section 1; thence North 0 degrees 18'30" West 810.74 feet, along the East line of the said Northwest Quarter, to the REAL POINT OF BEGINNING; thence North 0 degrees 18'30" West 50 feet to the Northeast corner of the South 13/20 of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 89 degrees 46' West a distance of 411.64 feet, more or -1- • • Continuation of Exhibit A Order No. ST-93041905 TN/WO less, to the Northeast corner of that certain parcel described in a deed recorded as Instrument No. 845119; thence South 0 degrees 20'20" East, along the East line of the above mentioned parcel, a distance of 50 feet to a point; thence South 89 degrees 46' East a distance of 411.64 feet, more or less, to the REAL POINT OF BEGINNING. V~ ~,l~.c, -2- )- • • ~~ a Nivaa ~l~v~~ 0 h0 ~~~/ a~ ~~ ~~~~~~ ~A ~~QP ~AI~ 0 ~ LAND. ~~ ~ ~~ ANY ~ RE RESENT~ATIONS A3 TO ~1! 6lZE ~ ARC DA AN'1 v OTHER FACTS REV-TED 'T4 tHE LAND S?10'NN THEREON. o~ ~P Cry .'u re'soi ass f-~ st os st oz i+sSaO oz rza a ~~~, r ~~ ~ IA+'ot0 -~ tl N M ~~ R ~~c ^ b' ~ ~ • i ° p. .P ~ ~ ~ • E ans at of of ~ro .~ • ~` 13~1S N1 ZI ``" ~ ,~ cu a -a a ar ~ ~ r' D~ ~t4 '~~ ~ ~ ~ ~~ ~ ~Q 8 ~ ~ rM - • of ra _' ~ h ti• ,' ~r~ P~ W '~ ! C~ d ~ ~ 0 :~ -~ ~ ~; ~ o 0 ~ W = ~ ~~ ;.~ a v, ~ m z J U Q e E -----_ ,` +.~T~ T ~..~~w f- f- Z ` ~~ ~:~nm~0~ cn -c to c, "~~c7m~.. '~-y-~2~JQ1~G ,)mUpr~ ,; r~ i r ; ,.- .~ , ~.r ... o O ~- ~ n~ ~ a ti ~ ~ M a ,os ~-- ~~ ,tv O~ ~ +' Z _~ ~- t ~, ~ S~U~ufJSION r Lt EVALUATION SHEET Proposed Development Name WAT Y P RK City ~~ Gate Reviewed 1 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Johnson E~,qr / Ramon Yorga~~n The following SU801VISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. WATERBURY PARK SUBDIVISION NO 5 x Date The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Enginee-) regarding this development in accordance with the Boise City Street Name Ordinance. The fol~,~„ low+ng existing, street names shall ann ar on the n1a as• "W WOOD~URY DRIV " "W R I " the following new street na es are aoorovad and shall aDOeac gn the Qlat as;,. "N. 1 RY N " "N. KYB Y A N " P e h n w nam f r h r h wn n h I KYB Y T" n ~ it aooroved by the s rest n me committee The above street name comments have been read and approved by the following agency representatives of the AOA 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 COMMITTEE A EN Y R ENTATIVES OR DESIGNEES Ada County Engineer John Priester Date /G Ada Planning Assoc. Terri Raynor '~ ate Meridian Fire District Representative ~ ~~'~ 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 ~ _ ~ D •5 I~ul NUMBERING OF LOTS AND BLOCKS `! G` ~r-'' "' ~ TR' SUBS\SM_CITY.fRM `/~~~~ ~ _ ...._ ~. ~ • _ - A 3Md ". 3-E dN3 ': N V . $ S ~ A A •A t ~~ ~ 3 ~ p A e ~° j ~ ~r~ ~, «_ ~~ ~ s / V ~ - • w 1 ! •~ N h ~~ 3 ~ p ti ~ ~ O 313 ~ W •~ ~~~n~ ~ ~ ~ • M ~ ~ r ~~ ~ e v • ~~ ~ ~ " ~ r w N N I r R , ~ w ~ '1I ~llfl7a 'w x e e O ~ N R ~ ^ ~ w J O N H ^ R / ~ -, x 1 ! I e I^: k r c 1 '1d ~. ,. ~ C . '~ e;~' N,.,'a ~ ~1 ~ '~ ~ • d ~ ~ ~ ~ 3 ,•; ` ~~ !~ ~ :~ ~ U < ` ' d~ ~~ • • • '.__ ~ 1S v~Zt Z '~+ Q n• n ~ w e e N ..i Y n ~ t~ ® C , `/~' ~ V~S~ ` N ® w ~~ 'Q • ~, ~ ~ ~ S •r~ ~ ~~ C ~- IN ~»I ~I »' el w~ e~s Q w '3Ad N!. 0' MN e O ~ ~N ~ ' g W ~ _~ ~'/^~ p Yllil N • ~ A 4 '~ ~ N - .- e ~ ~ ~ c rl h •~ O N N ~ ~ ~ 4 ; © ®~ ~ ti = '3A 1/ Hl it lM1N e w o - _' • C ti e e • n •ts y~a~ ~ h • ~ ~s~~ f A ' N - - ~ ~ O ~ A ~ ~. ~- - ~ . W Q Q w ~' O _ / ~ Q• ~C ' ~ ~ o • - C~ My~d! ,n STEWART TITLE OF IDAHO, INC. "Setting The Standard of Quality" OCTOBER 13, 1994 CAPITAL DEVELOPMENT, INC. 2304 N. COLE ROAD, SUITE 1 BOISE, IDAHO 83704 ATTENTION: RAMON YORGASON RE: VENABLE/YORGASON THANK YOU for your title insurance order and/or escrow closing. In accordance with your request, we enclose Commitment for Title Insurance for your files and any additional copies you have requested. _ Your Title Order Number is: ST-93041905 WO Your Title Officer is: WM. G. OESTREICH - (208) 336-6515 1412 W. Idaho St., Boise, Idaho Your Escrow Number is: STE-93041905 WO Your Escrow Officer is: TRINA NISHITANI - (208) 336-6515 1412 W. Idaho St., Boise, Idaho Please do not hesitate to contact WM. G. OESTREICH or TRINA NISHITANI if you should have any questions concerning your transaction. WE APPRECIATE YOUR BUSINESS! WM. G. OESTREICH 1412 WEST IDAHO STREET -POST OFFICE BOX 7546 -BOISE, IDAHO - 83707 208-336-6515 - 1-800-658-3824 -FAX 208 343-4898 • . 'r . ~ • C O M M I T M E N T S C H E D II L E A ORDER NII1~ERs ST-93041905 WO EFFECTIVE DATES OCTOBER 06, 1994 at 7:30 a.m. 1. Policy or policies to be issued: A. ALTA Owner's Policy, (10-17-92) Amount of Insurance: $ 96,000.00 Rate: $ 551.00 Proposed Insured: ' J. RAMON YORGASON and MARILYN YORGASON •H. ALTA Loan Policy, (10-17-92) Amount of Insurance: $ 5 00,000.00 • Rate: $ 1,581.00 Proposed Insured: KEY BANK OF IDAHO Other coverages and/or charges: NONE In the event this transaction fails to Close and this Commitment is cancelled, a Cancellation fee in the amount of $100.00, will be charged to comply with the State Insurance Regulations. 2. The estate or interest in the lead described or referred to is the Commitment and covered herein is: FEE SIMPLE 3. Title is at the effective date vested in: JAMES W. VENABLE and ORA VENABLE, husband and wife 4. The lead referred to in this commitment is in the State of IDAHO, County of ADA, and is described as follows: PARCEL I: The South 13 acres of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1 in Township 3 North of Range 1 West of the Boise Meridian, in Ada County, Idaho. EXCEPTING therefrom: -1- Commhment ScFwdde A • CONTINIIATION OF COIrII~SITMENT SCHEDIILE A Order No.s ST-93041905 WO That portion of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, of the Boise Meridian, more particularly described, to-wit: COMMENCING at the marked stone at the Southeast corner of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North 89 degrees 53'30" West 411.15 feet along the South line of the said Northwest Quarter to the POINT OF BEGINNING; thence continue North 89 degrees 53'30" West •252.70 feet, along the said South line to the Southwest corner of the East Half of . the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 0 degrees 20'20" West 862.19 feet, along the West line of the said East Half of the Southeast Quarter of the Northwest Quarter, to the Northwest corner of the South 7/20 of the said East Half of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 46' East 252.70 feet, along the North line of the said South 7/20 of the East Half of the Southeast Quarter of the Northwest Quarter; thence South 0 degrees 20'20" East 861.64 feet, to the POINT OF BEGINNING. ALSO EXCEPTING therefrom: That portion of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at a marked stone at the Southeast corner of the Northwest Quarter of said Section 1; thence North 0 degrees 18'30" West 810.74 feet, along the East line of the said Northwest Quarter, to the REAL POINT OF BEGINNING; thence North 0 degrees 18'30" West 50 feet to the Northeast corner of the South 13/20 of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 89 degrees 46' West a distance of 411.64 feet, more or less, to the Northeast corner of that certain parcel described in a deed recorded as Instrument No. 845119; thence South 0 degrees 20'20" East, along the East line of the above mentioned parcel, a distance of 50 feet to a point; thence -2- Commitment Schedde A y ~ r • • CONTINIIATION OF COI~IIdITi~SNT SCHLDIILE A Order No.: ST-93041905 WO South 89 degrees 46' East a distance of 411.64 feet, more or less, to the REAL POINT OF BEGINNING. PARCEL II: A strip of land being 20.00 feet in width in the East Half of the East Half of the Northwest Quarter of said Section 1, Township 3 North, Range 1 West, adjacent to and Westerly of the following described line. • BEGINNING at the North Quarter corner of said Section 1, ~• ~ which is the REAL POINT OF BEGINNING; thence South 1,320 feet, more or less, along the Easterly boundary of the Northeast Quarter of the Northwest Quarter of said Section 1 to the Northeast corner of the Southeast • Quarter of the Northwest Quarter of said Section 1; thence South 462 feet, more or less, along the Easterly boundary of the Southeast Quarter of the Northwest Quarter of said Section 1 to the Northeast corner of the South 13 acres of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1 to "point A" which is the POINT OF BEGINNING. Purported Address: 2545 VENABLE LN. MERIDIAN, IDAHO 83642 j al END OF SCHEDULE A -3- Commitment Sch~dd~ A . • • C O M M I T M E N T S C H E D II L E B S E C T I O N 1 ORDER N[JMBER: ST-93041905 WO EFFECTIVE DATE: OCTOBER 06, 1994 at 7:30 a.m. The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record, to wit: 1. Necessary Conveyances vesting fee simple Title in the Proposed Insured. 2. Deed of Trust securing your loan. 3. PAYMENT AND/OR CANCELLATION OF EXCEPTION NO(S). 15, 16 AND 17 ON THIS COMMITMENT. 4. Delivery to and approval by the Company of Indemnity and Affidavit as to debts, liens and possession prior to the issuance of any Extended Coverage Policy. 5. Delivery to the Company of a Survey and legal description meeting the minimum detail standards for property boundary surveys, and subject to such further requirements and/or exceptions resulting from a review of such Survey. cC: CAPITOL DEVELOPMENT/RAMON YORGASON KEY BANK/MONETTE STEWART TITLE/TRINA NISHITANI NOTE: If the applicant desires copies of the documents underlying any exception to coverage shown herein, the Company will furnish the same on request, if available, either with or without charge as appears appropriate. • NOTE: If a Deed of Trust is contemplated as a part of this transaction, the correct name to be entered as the trustee is: STEWART TITLE OF IDAHO, INC., an Idaho Corporation. END OF SCHEDULE B-SECTION 1 • CommhmeM Schsdde B - Sectidn 1 • • C O M M I T M E N T S C 8 E D II L E B 5 E C T T O N 2 ORDER NIIMBER: ST-93041905 WO EFFECTIVE DATE: OCTOBER 06, 1994 at 7:30 a.m. SICCEPTIONS The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: [Printed Exceptions] •1. Any facts, rights, interests,'or claims which are not shown by the public records, but which could be ascertained by an • ;inspection of the land or by making inquiry of persons in possession thereof. 2. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4. Any lien or right to a lien for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Un~atented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims, or title to water. 6. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by public record. [Special Exceptions] • '7. 'GENERAL TAXES'FOR THE YEAR 1994, A LIEN BUT NOT YET DUE AND PAYABLE. GENERAL TAXES FOR THE YEAR 1993 ARE PAID. Parcel No. 242-5-1201244705 In the original amount $416.54. GENERAL TAXES FOR THE YEAR 1993 ARE PAID. -1- Commitment Schedule B - Secdon 2 .• • . CONTINUATION OF COMtttTMENT SCHEDULE H - SECTIOa, 2 Order No.: ST-93041905 WO _. Parcel No. 242-S-1201244708 In the original amount $8.46. 8. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District and is subject to any Assessments levied thereby. For current status call 343-1884. 9. Ditch, Road and Public Utility Easements as the same may exist over said premises. l0. Easement, and the Terms and Conditions thereof: In Favor of IDAHO POWER COMPANY ' ., Purpose ~ POWER LINES Recorded JULY 3, 1957 . 'Instrument No. 412427 1~.. Easement, and the Terms and Conditions thereof: In Favor of CITY OF MERIDIAN Purpose PERMANENT AND TEMPORARY SANITARY SEWER EASEMENT AGREEMENT Recorded MARCH 9, 1992 Instrument No. 9213861 12. Right-of-way for CREASON LATERAL and the Rights of Access thereto for Maintenance of said LATERAL. 13. Right-of-way for USTICK ROAD 14. Agreement, anal the Terms and Conditions contained therein: Between NAMPA & MERIDIAN IRRIGATION DISTRICT and CAPITAL DEVELOPMENT, INC., A CORPORATION Recorded JUNE 24, 1994 Instrument No. 94060305 Purpose CONSTRUCTION OR ACTIVITY AFFECTING SAID DITCH OR CANAL KNOWN AS CREASON FEEDER 15. There is no recorded means of Ingress and Egress to a Public Road from said Property and it is assumed that there exists a valid and subsisting Easement for that purpose over adjoining Properties, but the Company does not insure against any rights based on a contrary state of facts. 16. Any question which may arise or claim of loss which•.may result from any vagueness, indefiniteness or insufficiency of the legal description shown in Schedule A. 17. Any Off-Record Facts, Encumbrances, Easements or Possessory Claims, a Survey or Inspection would disclose. • END OF SCHEDULE B-SECTION 2 -2- ' Commhment Schelde 6 - Sectbn 2 • ORDER NO. 930419G aO EXHIBIT "A" PARCEL I: • The South 13 acres of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1 in Township 3 North of Range 1 West of the Boise Meridian, in Ada County, Idaho. EXCEPTING therefrom: That portion of the East Half of the Southeast Quarter of the,Northwest Quarter of Section 1, Township 3 North, Range 1 West, of the Boise Meridian, more particularly described, to-wit: COMMENCING at the marked stone at the Southeast corner of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian; thence North 89 degrees 53'30" West 411.15 feet along the South line of the said Northwest Quarter to the POINT OF BEGINNING; thence continue North 89 degrees 53'30" West 252.70 feet, along the said South line to the Southwest corner of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 0 degrees 20'20" West 862.19 feet, along the West line of the said East Half of the Southeast Quarter of the Northwest Quarter, to the Northwest corner of the South 7/20 of the said East Half of the Southeast Quarter of the Northwest Quarter; thence South 89 degrees 46' East 252.70 feet, along the North line of the said South 7/20 of the East Half of the Southeast Quarter of the Northwest Quarter; thence South 0 degrees 20'20" East 861.64 feet, to the POINT OF BEGINNING. ALSO EXCEPTING therefrom: That portion of the East Half of the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and being more particularly described as follows: COMMENCING at a marked stone at the Southeast corner of the Northwest Quarter of said Section 1; thence North 0 degrees 18'30" West 810.74 feet, along the East line of the said Northwest Quarter, to the REAL POINT OF BEGINNING; thence North 0 degrees 18'30" West 50 feet to the Northeast corner of the South 13/20 of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1; thence North 89 degrees 46' West a distance of 411.64 feet, more or -1- . ,. ~ • Continuation of Exhibit A Order No. ST-93041905 WO less, to the Northeast corner of that certain parcel described in a deed recorded as Instrument No. 845119; thence South 0 degrees 20'20" East, along the East line of the above mentioned parcel, a distance of 50 feet to a point; thence South 89 degrees 46' East a distance of 411.64 feet, more or less, to the REAL POINT OF BEGINNING. PARCEL II: A strip of land being 20.00 feet in width in the East Half of the East Half of the Northwest Quarter of said Section 1, Township 3 North, Range 1 West, adjacent to and Westerly of the following described line. BEGINNING at the North Quarter corner of said Section 1, which is the REAL POINT OF BEGINNING; thence South 1,320 feet, more or less, along the Easterly boundary of the Northeast Quarter of the Northwest Quarter of said Section 1 to the Northeast corner of the Southeast Quarter of the Northwest Quarter of said Section 1; thence South 462 feet, more or less, along the Easterly boundary of the Southeast Quarter of the Northwest Quarter of said Section 1 to the Northeast corner of the South 13 acres of the East Half of the Southeast Quarter of the Northwest Quarter of said Section 1 to "point A" which is the POINT OF BEGINNING. -2- ~• . _ ' '. f . ~: M ~ a ...,~..,~~ y •~-, { ~ `~ '~. ` `~ .,r~ .__.% a . 3 cR~AsON C 4T ~Rql U 1 ~ iti- „.~ ,~ . ~ ~~~. _,1 r'{f ~ ~, f"• `~. • ~ ,~ .~ _.«'~ '•. '•.,+r~ THIS MAP IS FURNISHED A9 AN ACCOMMODATION, STRICTLY FOR THE PURP06ES OF GENERALLY LOCATIIIO THE LAND. IT DOES NOT REPRESENT A SURVEY OF TI1E lANO OR IMPLY ANY REPRESENTATIONS AS TO THE SIZE, AREA OR ANY OTHER FACTS RELATED TO THE lAMO SHOWN THEREON. (D~7 i~s~ ttr~~af v ~. v. i S ~ ~ ae Y ~~ J f I WILLIAM G. BERG, JR., Cfty 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 Adminlstrator 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 GOUNGIL 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 (208) 888.4433 • FAX (208) 887-4813 JIM JOHNSON, Chairman Public WorksBuilding Department (208) 887-2211 KEITH BORUP Motor Vehicle/Drivers License (208) 888-4443 JIM SHEARER GREG OSLUND ROBERT D. CORRIE MALCOLM MACCOY Mayor November 26, 1996. Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 Re: Street Lights for Waterbury Park Subdivision #5 Street Lights have been installed by the developer in Waterbury Park Subdivision #5. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The nine (9) street lights are located at: Lot 40 Block 1 W. Woodbury Drive Lot 37 Block 1 W. Woodbury Drive Lot 22 Block 7 N. Windbury Ave Lot 26 Block 7 N. Windbury Ave. Lot 29 Block 7 W. Waterbury Drive Lot 32 Block 7 W. Waterbury Drive Lot 9 Block 9 W. Creekbury Drive Lot 2 Block 10 N. Skybury Ave. Lot 6 Block 10 N. Skybury Ave. See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~tt%r/ William G. Berg, Jr. City Clerk ~~ .rIT OF MERIDIAN, BUI~,DING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 ~'~ •~ 887-2211 • Inspection Line 887-1155 ~ _ECTRICAL PERMIT JNER/APPLICANT---------- CAP I TOL DEVELOF't+IENT MERIDIAN, ID 83~-00 c~8/0~0-OkOQ~ T: Issued: 1~D/29/96 Permit No: `3548 -----------PROPERTY LOCATION------------=----------- I 1 WATERBUR'r' PARK #~ I -- I Lat: Block: Long Legal: I S~_~b» WATERBURY PARK #5 S : 1 Par^c No e I 7NTRACTOR------------------------- ALLOWAY ELECTRIC 14;_Qi GROVE ST. i~UISE, ID 8.?,7NG ~08/;~44-c507 OJEC7 I NFD------------------ ~'r.j Value: tiV7 8~D0.00 F'r^.j Type: STREETL~lGHTS Occ Txpe: RESIDEIVTIAL Occ ur^p: Occ Load: =nstr Type: Land Use: -.UJECT NOTES------------------------- LQT 4k7 BLi]CK 1, LO1' 37 BLi]CN: 1 ; LOT LOT E9 BLOCK 'T. LOT :3c BLOCK 7, LOT ~.DT 6 L~LOCF'. 1U' 9 TOTAL DJECT FEES ASSESSMENT------ TD1"AL ELECTRICAL FEE: ---DESIGNER---------------- I I 1 ~iDO/000--00+0 --------------------------- I .Temp Ser^vice: ! Residential Service: 1 Number of Rooms: I Electrical Heat: I N~_imber of Circuits: {Other^: STREETLIGHTS I c~ BLOCK '7, LOT c6 BLOCN. 7, 3 BLOCK `3, LOT c BLDCK 10, Amount Paid: ~184.Q~O ~ 184. id0 Balance Dtie : $td. ~0 Il1~ORTANT INFORMATION Inspection requests must be made 24 hours prior to the need for inapectioa. Persona malting the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - 1!`riday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permits are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit Revocation/Expiration. The Building O$zcial reserves the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if: work is never commenced,. or is discentiaued for a Period exceeding 180 days or 6 months. Declaration -This permit is being issued subject to the ordinances sad laws of the City of Meridian, and~it is hereby agreed that the work to be performed will conform to the regulations rtaining sad applicable thereto. Owner or Authorized Agent Date eFF1 Ia c WIWAM G. BERG, JR., City Clark JANiCE L GASS, Cky Treasurer GARY D. SMITH. P.E., Clry Engineer BRUCE 0. STUART; Water Works Supt JOHN T. SHAWCROFI; Waste yya~ Ste, DENNIS J. SUMMERS, Parks Supt SHARI L S77LES, P d, Zgdminbtratpr PATNA. WOLFlgQ DMV Supervisor KENNETH W SOWERS. Fire Chid W.L "B!LL' GORDON, Polltsr Chid WAYNE G. CROOKSTON, JR., Attorney • XUB OF TREASURE YgL~y A Good Plscx to Live CITY OF MERMAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 ~li0 WO~~~B (208) 887-2211 Motor Vehicldprivets t.ianae (2pg) 888-4443 ROBERT D. CORRIE MEMORANDUM: Mayor To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved the lights in W Gt,~.,,,.,, ~ proceed with the activation. C1]L1N .I ~rT,prne WALT W. MORROW, Prpident RONALO R. TDLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P b 2 COMMICerON JIM JOHNSON, Chairman TIM HEPPER JIM SHEARER GREG OSLUND MALCOLM MACCOY Date: / / -~ o -~L in and associated components for _~ street S .Idaho Power Co. can now old Hudson, Electrical Inspector C-i ~ Co~e.rs k~. b.~,,,., ~. ro (d, . I I-2~-~ ra ~-s~(l~I gr<d oPP-'acxd C.~WPWiN60K;EAERALIELL• CNSP.IlAtO s . • P ~ ~a~ brand rax transmitta l~ Q•1-t-r- b~,~r ~ ~ k ~#' S ~ c 76n N of p.~... 2 - '~/~z~tclrtt~N ~ ~- t ~ - j'~r`rrL ~~ ~` t''c ~~-- /'S ~~1'1 / ~ S ~ ~t:: C„ ~ a T O ' ~713'~, Ca ~~' ~' .-~ c c. ~ ~ ~s DeP` Pte,. N3 5 . ~ G 3 Fu N ~^ ~ - b ~ ~ Fit N ~ - ~ ~ ~. ~i ~ ~r li 4 ~ ~ '~' .T ~3 "~. l ~ 3LOCK 1 ~ ~ I 2~~ ~: ~. 14~ a1 40 39 •' 38 ~~ ~ 37 o , ~ ~b a o s o ~ ~ ~ _- O ~ ~ W. WOODbURY ; ARiVE ~ _ ~ '• ~- ~ ^ ~ w ~ C ~% •U m Ul wd-1 O ~ ~ ~ W 75 ~~ 0 ~ wd 1p v ~ ~ C: A ~ • ~ -o - ~- o c. 5~50_i~; ~ ELUCK o wo-1 ~ ---- b ~ O w A m t0 Q ~ 50 ~; "' 2t ~ r C i ~ ~ V a ~,~. w C~~K3URY~ DRIVE -~_ oo~ 22 ~ N ~~ 21 _ cd- = ~ ~ \ o L- L J7s ~ ~~ ?3 0 ~ "' m u b 8 I I ~ 0 0 i _" ~ ~e~ o~ ~ ~; ~b ~ ~ ~ , ~ Q • ~ --~_.. W WA7ERf~URYy ~~r. l !~• ~~ .ub-~ _. ~5~ w- d /~ _, ww~ O 33 32 't 30 CS :29 > ~~ ~ `~ ~l6 ~ W ~ -L 6 a• ~> 9LUCK ~ a 3 tl-7 4 FIVE MILT Dn^AIN OCT 22~ ' 96 16 ~ 21 '~ too we-TT HPS STREET LtreEtT'= q ' ~ ) 1 208 345 9844 PAGE. 01 WILLIAM G. BERG, 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 & Z Adminlstretor PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Flre Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney November 26, 1996 Idaho Power Company 10790 W. Franklin Road Boise, ID 83709 322-2000 388-2402 Fax 322-2032 388-6532 ROBERT D. CORRIE Mayor Re: Street Lights for Waterbury Park Subdivision #5 GOUNGIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chalnnan KEITH BORUP JIM SHEARER GREG OSLUND MALCOLM MACCOY Street Lights have been installed by the developer in Waterbury Park Subdivision #5. These are 100 watt high pressure sodium lights on steel poles, owned by the City of Meridian with a maintenance agreement with Idaho Power. The nine (9) street lights are Lot 40 Block 1 Lot 37 Block 1 Lot 22 Block 7 Lot 26 Block 7 Lot 29 Block 7 Lot 32 Block 7 Lot 9 Block 9 Lot 2 Block 10 Lot 6 Block 10 located at: W. Woodbury Drive W. Woodbury Drive N. Windbury Ave. N. Windbury Ave. W. Waterbury Drive W. Waterbury Drive W. Creekbury Drive N. Skybury Ave. N. Skybury Ave. See attached map for additional information. Please use this letter as your authority to activate these street lights. Sincerely ~t;t%C./ William G. Berg, Jr. City Clerk • HUB OF TREASURE VALLEY A Good Place to Live CITY O~ MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • FAX (208) 887.4813 Public WorksBuilding Department (208) 887-2211 Motor VehiclelDrivers License (208) 888-4443 ~oQ CIT~ OF MERIDIAN, BUILDING DEPARTMENT 33 E. Idaho, Meridian, ID 83642 ~~~ 887-2211 • Inspection Line 887-1155 ~_EGTRICAL PERMIT Issued: 1!D/29/96 JNER/APPLICANT-------------------------PROPERTY CAPITOL DE-JELOPI~~IEt~T I 1 i MERIDIAN, ID 83~D00 I Lot: 208/IZtft1Q--+Z~OtZiQi I Sub: T: S: I Parc No: ~NTRACTOR------------------------- HLLOWAY ELECTRIC 14E0 GROt!E ST. RU I SE, I D 8;37~'~c' ~='08/;:;44-c51~7 OJEC'T INFO Pr.j Value: ~'r".1 Type: Occ Txpe: Occ ur"p: ;nstr 7 pe: Land Use: - ---- ~ 1 ~Z1. 8~D0. 00 STREETLIGHTS RES I DEhJT I AL OCC Load: Permit No: 9548 LOCATION---------- WATERBURY PAR!'. #5 Block: Long Legal: WATERBURY RARi'. #~ DESIGNER--------------------- ~~00/000--+~0~.0 I .Temp Service: I Residential Service: I Number of Rooms: i Electrical Heat: i N~_~mber of Circuits: i Ot her" :STREETLIGHTS I 'i~JECT NOTES-------------------------------------------------------- LOT 4-u BLUCK 1, LOT 37 PLUCK 1; LOT 2c BLOCK "7, LOT ^c6 BLOCK 7, LOT ES FLOCK '7, LOT ~E NLOCf; 7, LOT 3 BLOCK 9, L_Ol" E BLOCK 10, L7T E BLOCK li?+~ S TOTAL OJECT FEES ASSESSMENT-------- T Ol"AL ELECTRICAL FEE Jk 184. iD~7 ----------------- Amount Paid: Balance Due: $184. O~ ~0. 00 IlVIPORTANT INFORMATION IIISpection requests must be made 24 hours prior to the need for inspection. Persons making the requests must provide the following information: 1) owner/contractor, 2) project location, 3) date and time when the inspection is needed, 4) type of inspection, 5) permit number. The inspection request line is available 24 hours a day, 365 days a year, inspections will be performed Monday - Friday, between 8:00 AM and 5:00 PM, excluding holidays. Other Permit8 are Required for the installation of any electrical wiring, plumbing piping and mechanical installations related to gas fired equipment. Permit R.evocation/Egpiration. The Building Official resen-es the right to revoke any permit issued in error or on the basis of incorrect information. Permits expire in 180 days if work is never commenced, or is discontinued for a period exceeding 180 days or 6 months. Declaration -This permit is being issued subject to the ordinances and laws of the City of Meridian, aad it is hereby agreed that the work to be performed will conform to the regulations rtaining and applicable thereto. } Owner or Authorized Agent Date QEElG16LS WILLIAM G. BERf3, JR., Clry Clerk JANK:E L LASS, Cpy Treasurer GARY 0. SMITH. P.E„ Chy Emglmesr BRUCE D. STUART, Water Works Supr, JOHN T. SHAWCROFT Vllaste yya~ DENNIS J. SUMMERS, Perks Shpt. SHARI L STILES. P 6 Z Administrator PATTYA. WOLFlgQ OMV SupeMsor KENNETH W BOWERS, Flre Chip W.L "BILL' GORDON, Polk:e Chip WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE YALLEY A Good Place to Live 33 EAST IDAHO MERIDIAN, IDAHO >~i642 Phone (208) 888-4433 • FAX (208) 887813 Ptrblic WorkdBuiiding Depattmeot (2pg) 887-2211 Motor Vehicie/Drivets I,ioeate (208) 888.4443 ROBERT D. CORRIE MEMORANDUM: ~~ To: Will Berg, City Clerk Bruce Freckleton, Assistant to City Engineer From: Harold Hudson, Electrical Inspector Re: STREET LIGHT ELECTRICAL INSPECTION I have inspected and approved the lights in _ W ~ proceed with the activation. ~-M~NGtL MEMgERc WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BEMIEY P !~ 2 COMMICCION JIM JOHNSON, Chairman TiM HEPPER JIM SHEARER GREG OSLUNO MALCOLM MACCOY Date: / / --~ o -~-j,~ and associated components for CI street S .Idaho Power Co. can now old Hudson, Electrical Inspector -c_.ro ~ . I ~-2~-~ (o ~s~l~ and opP-'ac~d C:\WPW[N76pK;Eh•ERai,\ET,L• CNSP.AAfO '~~~b,~~ P4~ ~' S c, W a Plot-!t"' brand h~vc nin~~_.~ -,~... .. ,: _, l~t ~V! e ~ .9L OCK 1 ~ ~` I ~~ (4? a i a0 39 3A ~~ + 37 o \d ~b a ~ b o s G ~ W WQOD6URY ~ ~R~VE ~ ___ ~ ` V ~ ~ ~' Q ~ ;d-1 4 1 ' 2 5 O 5 I`"'~ ~ wd 10 ------ o ' -----. o ~~50-t ; ~ ELUCK o wa-t ~ W b A ~' m t0 y ; _1 1 50 1; z 21 ~ Y O ~ G e i ~, ' ~ G , ~~jJJJ) i Q y C ~_ - C O (,~ w C~t'~URY~ pRiVE ~_ m . ~ ~ 19 I ~ 1` - ---- ~ ` '` C 5 I - ~o a ~__~ - m ~ '- , ^ -a z :v~NS:en i~ ~ ~ ~1 r 1 ~1 I 5 ~ I '~NeR C7 ~~ ~ ~ ~b r~ ', o e w way ; ; , ~ ERf3URY1,QRl~r. :ub-2 ------- -++ ~3 w- J2 , ~ d ~w -1 30 75 ;gig ~ ~~• C ' ~> 91 Ul."~ 7 1 4 -"IVE MILT Dn^AIN OCT 22' ' 96 16 ~ 21 CO ~ _ ~ i ~~ r l6 olI -: 2" e 0 C 1 C U D o V N Y n Q' m W a 3 '~ goo W4TT HPS 5'MEET UeEFTS (9) . 1 208 345 9844 PAGE.01 ~ ~ Meridian City Council September 17, 1996 Page 37 Rountree: Second Corrie: Motion made by Mr. Bentley, second by Mr. Rountree that Ordinance #743 be approved with the suspension of rules, roll call vote. ROLL CALL VOTE: Morrow -Yea, Bentley -Yea, Rountree -Yea, Tolsma -Yea MOTION CARRIED: All Yea ITEM #12: REQUEST FOR ONE YEAR TIME EXTENSION FOR FINAL PLAT OF WATERBURY PARK SUBDIVISION N0. 5 BY CAPITAL DEVELOPMENT: Corrie: Anyone here from Waterbury Park, a representative? Do you have the letter Shari? Morrow: It is part of our packet, Mr. Mayor I would move that we grant the extension for one year for the recording of the final plat for Waterbury Park Subdivision No. 5 from the anniversary date. Rountree: Second Corrie: Motion made by Mr. Morrow, second by Mr. Rountree to approve the final time plat according to the request and as stated in the motion, all those, any discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #14: MERIDIAN PRESBYTERIAN CHURCH: REQUEST HOOK UP TO CITY WATER AND SEWER: Corrie: Is there a representative from the Meridian Presbyterian Church here? Hoffman: My name is Paul Hoffman, Mayor and Council, I was biting my tongue when we were talking about the additional fees for the water and sewer. Have you folks, you gentlemen to see the letter and plan? Berg: It was in their packets. Hoffman: I apologize, I wanted to have the whole site in the package that you received. It is not quite all there, about 9/10 of it is. I brought a copy here. I visited with the staff here about the project. It is not a cut and dry kind of deal. There are many considerations • • MERIDIAN CITY COUNCIL MEETING: September 17,1996 APPLICANT: ITEM NUMBER; 12 REQUEST: REQUEST FOR ONE YEAR TIME EXTENSION FOR FINAL PLAT OF WATERBURY PARK SUBDIVISION N0.5 BY CAPITAL DEVELOPMENT AGBNCY 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 ~,hY,~ ~~ ~ ~ ~'~Pr~~~~b~ ~s~ All Materials presented at public meetings shall become property of the City of Meridian. ,\~ ENGI/yF~ • `~ ~`~ RUBBLE ENGINEERING, INC. < 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 9y0 SURVEyOQ RECEIVED September 4, 1996 SEP - 4 196 C~'!'Y 0~ ~~ ~Y~st a~ Ms Shari Stiles Meridian Planning & Zoning Administrator 33 E. Idaho Street Meridian, ID 83642 RE: Final Plat Time Extension Waterbury Park Subdivision No. 5 Dear Shari, On behalf of Capital Development, we hereby request a time extension of one year for recording the final plat for the above mentioned subdivision. I have attached a check in the amount of $100.00 in accordance with City ordinance for time extension requests. Please call if you have any questions or wish to discuss this issue further. Sincerely, ~~ J 1'e Keen P jest Coordinator ~ ~ RECEIVED SUBDIVISION EVALUATION SHEET DEC - ~ 1~ Proposed Development Name WATERBURY PARK SUB NO. 5 Date Reviewed 11 /21 /96 Preliminary Stage t~1Y0F1~1pIAN City 11~leridian I r Final xxx Engineer/Developer_ Nubble Engr. / Ramon Yorgason 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 Boise City Street Name Ordinance. The following existing street names shall appear on the olat as: "W. WO ODBURY DRIVE " "W. WA TERBURY DRIV E" Th f ll i e o ow ng new street names are aonro ved and shall a gnear on the plat as: __ "W. CREE KBURY S TREE T" "N.W. 10th AVENUE" "N.W. 8th"AVENUE" IC.`/13U2`f l S I N A-l.ll~,ti /'rlpy-r' w tTt~ lJ . uc[ . 1p~' A~~ w llti.~A ~ U12'~l I S I ~ /4rl.J 61'Ut~~'i" w ~ TN N • Ll~. $ ~" AUL?' , 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 COMMIT' Ada County Engineer John Priestei IVES OR DESIGNEES Date Ada Planning Assoc. T-errr-Ra~q~ner Date _ ~ I a ~ - ~ G, s City of Meridian Representative~$9A~.~~, Date /~- Z/- 9 ~ Fire District Meridian Representative fC• Date //r 2~--7b 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 ~1L1 W 01 Section NUMBERING OF LOTS AND BLOCK TR\SUBS\SM CITY.FRM • • Federal Emergency Management Agency Washington, D.C. 20472 November 5, 1996 ~~ ~~ ~ o v t 3 toss Mr. J. Ramon Yorgason IN REPLY REFER TO: ~.~ OF ~+[ERI~t~A~l President Case No.: 97-10-007P Capital Development Community: City of Meridian, Idaho 2304 North Cole Road Community No.: 160180 Boise, Idaho 83704 316-ACK.FRQ Dear Mr. Yorgason: This responds to a letter dated October 29, 1996, from Mr. Lonny R. Fox, P.E., Hubble Engineering, Inc., ccncer:~irg yc;r dune 3, 1996, request for a revision to the Flood Insurance Rat;; Map ( IRM) for [-~e City of Meridian and Ada County, Idaho. According to the data submitted, the affected areas have been annexed by the City of Meridian. Pertinent information about the request is listed below. Identifier: Waterbury No. 5 Subdivision Flooding Source: Five Mile Creek FIRM Panels Affected: 160180 0001 A and 16001 0144 C As you may know, the Federal Emergency Managemern Agency (FEMA) has implemented a procedure to recover costs associated with reviewing and processing requests for modifications to published flood information and maps. The initial fee of $865 that you have submitted is the minimum charge associated with our review of a request of this type. You will be notified of the estimated costs if we anticipate that, due to the extent of the review required, the total costs will exceed $3,500. In that situation, our review would be suspended pending our receipt of written authorization from you to proceed. If your request will result in a revision to the effective National Flood Insurance Program (NF1P) map, the total costs will include a fee of $410 per revised panel to cover the costs of cartographic preparation. We have completed an inventory of the items that you submitted. We have received all of the data and the initial fee we require to begin a detailed technical review of your request. If additional data are required, we will inform you within 30 days of the date of this letter. For aflood-control project to be exempt from fees and processing costs, it must be sponsored by a Federal, State, or local government, intended for public benefit, and primarily intended for flood-loss reduction to insurable structures in identified flood hazard areas that were in existence prior to commencement of construction of the flood-control project. Please direct all questions concerning your request to our Technical Evaluation Contractor at the following address: Michael Baker Jr., Inc. 3601 Eisenhower Avenue, Suite 600 Alexandria, Virginia 22304 Attention: Mr. Thomas W. Smith, P.E. (703) 317-6267 • 2 When you write us about your request, please include the case number referenced above in your letter. Please note that the case number referenced in our October 17, 1996, response letter was incorrect. The correct case number is listed above. If you have any questions concerning FEMA policy, or the NFIP in general, please contact Mr. John Magnotti of our staff in Washington, DC, either by telephone at (202) 646-3932 or by facsimile at (202) 646-4596. Sincerely, Fr~de;icn Imo. Sharrocks, Jr., ief Hazard Identification Branch Mitigation Directorate cc: The Honorable Robert D. Corrie Mayor, City of Meridian The Honorable Vernon Bisterfeldt Chairman, Ada County Board of Commissioners Mr. Lonny R. Fox, P.E. Hubble Engineering, Inc. SU~VISION EVALUATION ~ET RECEIVED AU6 2 71996 Proposed Development Name WATERBURY PARK SUB NO.S City MERIDI:Al+I, nr t~Ej~jj)jAN Date Reviewed 8/22/94 Preliminary Stage Final ~JUUCX Engineer/Developer Hubble Engr. / Ramon Yorgason The Street name comments listed below are made by the members of the ADA COUNTY STREET NAM E COMMITTEE (under direction of the Ada County Engineer) regding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "W. WOODBURY DRIVE" "W. WATERBURY DRIVE" The following new street names are approved and shall appear on the plat as: "N. WINDBURY AVENUE" "N. SKYBURY AVENUE" "W. CREEKBURY STREET' The above stre~ 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 securely the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COMMITT Ada County Engineer Ada Planning Assoc. City of Meridian Meridian Fire District John Priester Terri Raynor Representati~ Representati~ S OR DESIGNEES Date 2L ~~ Date Date ~. Date ~= 2 z "9 NOTE: A copy of thisevaluation 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 1W 01 Section NUMBERING OF LOTS AND BLOCKS G,~ ~~~~ ~/L ~ ~ _ _ .. . _ *: r y .- ,.,: _ -. -.: , : .., rte, . - _ ~ v s -- . _ _ • 1Q 7N . - -~ :~~ ~ -~ ~ f ~ _ ~:~ t r ,. Z __ r .. .,J •.. :. /~ - _ W -~ E. t ~ ~ ->~. ~- --. '~._ tea, - - - .. ,i~ _ _ _ '"'~ -_ ,. O _ ~_ ~. ,'4 - -~ ~ _~~- ~ -_ .. '.a~ T .oaf ' ~ -`~ ~ ~` '~` s ~•. .- ~~ ~ _- .. ` .~ t. '1 - ,. ~: t a:r r - .. _~ - _ > 'i ~ . :. .. " ~ .: - • ._ _ ,_ _ s - _ ~. + _. _ ~ , ms`s -'o' _ ~ ~ ~ _ ~ ~~ t ac - '~ _ +.. `'~ _ s w L •.1017 I < .F .._ i ® 1® ® ® ® ®~ ® ® 1 a ~~' •- 1 .r - ~ ' I 1 ~ ~ Y s h: rcf 11 it _~ " -v 1 ~' ~Ii~` ~! ~~~ S ( 1 _ _ '3~`i ~a.-~`•~~ d `•,-y.~, s' - I - 1 , ~ 1 _ s-~ y - f 1. ~ O O © O __ .. d' b- 4 _~ I _ I ~ S 'a. ~ I i r ,_-„, _. ~ ~ ~~;. - 1. ;~ :.'. a _ ,~ _ ?'~ - 3t ~~ r~ - t ~ ~ # f3 ~ ~ ~ .. f •~ T~> _ ~ ~ _~p M_ ~ ! ~ ~" - ~. ` e*.-_,i _ mot. - f~ _ .t4 +:' ~4' -" a: _ .y - ,_ _ .. .;c z• '~ ,.. ~ _ - ' ^Fr '~^~ ,,.. -P .~. _.. OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. Clty Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Watte Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, FlreChlef 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) 8884433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT.P. KiNGSFORD Mayor August 8, 1995 Ramon Yorgason Capital Development, Inc. 2304 N. Cole, Suite - A Boise, ID 83704 377-3939 RE: Letter of Credit for Street Improvement Dear Mr. Yorgason, COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P b Z COMMISSION JIM JOHNSON, Chairman MOE AUDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER As part of the development agreement, you have submitted a letter of credit for the street improvements in Waterbury Park Subdivision. The street improvements has been completed and inspected. With this being completed, I am returning your letter of credit for $5,000.00. Thank you for your cooperation on this matter. Sincerely, William G. Berg, Jr. City Clerk . ~ j~,,.p Key Bank of Idah~ '~~>.. Commercial & Intel ational Services ~~u 702 West Idaho s` Boise, ID 83702 .:. :3.1.'.A J: :L'.\tiV :..~: :.. .A (:~ i. 1:iJ r.c. .:.::.A Cif iU.U IU i.cl ~'...\n L. .~.\.tV :.~1 .;..\K C.~:u.\I'.. :... nV: ::: ,I .l: ,.r . ,:iv :.'.:. ~: _. .. ...~ ... ...... ... .~.., ... .. .. ...v IRREVOCABLE DOCIIMENTARY STANDBY LETTER OF CREDIT DATE JUNE 30, 1992 WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT X21-1124 IN FAVOR OF CITY OF MERIDIAN FOR THE ACCOUNT OF J. RAMON YORGASON & MARILYN YORGASON UP TO THE AGGREGATE AMOUNT OF FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) AVAILABLE BY BENEFICIARY'S DRAFTS DRAWN AT SIGHT ON KEY BANK OF IDAHO, 702 WEST IDAHO STREET, BOISE, IDAHO 83702, AND F,000IriPAATISD FsY THE DOCUMENTS SPECIFIED BELOW: 1) BENEFICIARY'S SIGNED STATEMENT STATING "J. RAMON YORGASON & MARILYN YORGASON HAVE DEFAULTED AND FAILED TO COMPLETE STREET IMPROVEMENTS AS REQUIRED IN THE DEVELOPMENT OF WATERBURY PARK SUBDIVISION". a PARTIAL DRAWINGS ARE PERMITTED. IN THE EVENT OF A PARTIAL DRAWING, ~ THE ORIGINAL LETTER OF CREDIT MUST BE RETURNED FOR ENDORSEMENT OF W THE AMOUNT PAID. `~ THIS LETTER OF CREDIT IS EFFECTIVE, JUNE 30, 1992 m WE HEREBY AGREE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THIS CREDIT SHALL MEET WITH DUE HONOR UPON PRESENTATION AND DELIVERY OF DRAFTS AND DOCUMENTS AS SPECIFIED TO KEY BANK OF IDAHO, INTERNATIONAL BANKING DIVISION, 702 WEST IDAHO STREET, BOISE, IDAHO ~~ 83702. - THIS LETTER OF CREDIT EXPIRES, JUNE 30, 1993 AT OUR COUNTERS. ALL ""~ DOCUMENTS MUST BE PRESENTED ON OR BEFORE EXPIRY DATE. ~.._. ALL BANK CHARGES OTHER THAN THOSE OF KEY BANK OF IDAHO ARE FOR _;, ACCOUNT OF BENEFICIARY. ~~ i~ AUTHORIZED S N TUBE A H SIGNATUREI L .t Msmcs _ ,. .. PRESENTATION DATE AMOUNT I GURES AND WORDS I NAME, STAMP AND SIGNATURE OF BANK OTHER ANNOTATIONS OF THE NOMINATED BANK: MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 5.1995 APPLICANT: RAMON YORGASON ITEM NUMBER; 6 8~ 7 REQUEST; FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR VARIANCE REQUEST AND FINAL PLAT FOR WATERBURY PARK SUBDMSION NO.5 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: COMMENTS ~~ FINDNGS OF FACT AND CONCLUSIONS OF LAyl~ '~"~ .. ~ l~ ,~ `(~l ~'~ U ~~ 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: ~~ ri ~,~~~; ~~~q ik ~~ S~ OTHER: ~1 Materials presented at public meetings shall become property of the City of Meridian. ~ ~~~~: JUL ~ 0 195 ~;ITY QF ~r ~.e~~r~. • 7?a~yza. ~ ~fenrd~a~s ~Ivc~auo~ti Div~uet 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651.4395 FAX aY 208-888-6201 Phones: Area Code 208 Terry Peugh Hubble Engineering, Inc. 9550 Bethel Court Boise, Idaho 83709 Re: Waterbury Park Subdivision No. 5 Dear Terry: OFFICE: Nampa 466.7861 Boise 343-1884 SHOP: Nampo 466-0663 Boise 345.2431 Nampa & Meridian Irrigation District has reviewed the above mentioned. project. The plans indicate that. all run-off will be collected into detention ponds and discharged into the Creason Lateral. I would like to have the point of discharge changed to the District's Fivemile Drain as it is near and as the drain is not a facility in which we need to maintain-certain water levels as we do in the Creason Lateral. We did not receive storm water calculations with the plans. These calculations will need to be submitted. Nampa & Meridian Irrigation District does require an agreement for discharge into a District facility. Please have the developer contact Daniel Steenson, the District's attorney, at 342-4591 and request that he prepare a License Agreement for discharge for the approval of the Irrigation District's Board of Directors. The plans indicate that there will be a pressurized irrigation system within the subdivision. If Nampa & Meridian Irrigation District is going to operate this facility, we will need to review and approve of the system. There were no calculations submitted. If the developer is to maintain the system, District approval will not be necessary. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 28 July 1995 28 July 1995 Terry Peugh Page 2 • Nampa & Meridian Irrigation District's Creason Lateral flows through a portion of this property. The easement for the Creason Lateral, which is 60 feet overall: 20 feet on the left side and 40 feet on the right side as you face downstream, was not indicated on the plans. This easement needs to be shown on the plat. If there are any encroachments within this easement, they will have to be addressed and approved in a License Agreement. This can be done in the same agreement as the drainage discharge. Please comply with the above requests so that the Irrigation District can complete a review of this project. If you feel further discussion is required, please feel free to contact me. Sincerely, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bill Henson Ri r 4 ty of Meridian Ada County Development Services File 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 1 September 1995 Gary Smith, City Engineer City of Meridian 33 East Idaho Avenue Meridian, Idaho 83642 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Re: Variance request for Waterbury No. 5 Subdivision Dear Gary: Bruce (from your office) sent me a report generated by Brian Smith of Hubble Engineering titled "Calculations for Piping Creason Lateral for Waterbury No. 5 Subdivision" Project #94-034-00. I reviewed the report this morning. The information that I reviewed included storm water calculations and what I believe to be a demonstration on how the engineers for this project perceive Nampa & Meridian Irrigation District's system is operated. I would like to outline for you Nampa & Meridian Irrigation District's operation of the Creason Lateral. The Creason Lateral is measured downstream from the head works structure which is located at the confluence of the Finch Lateral and the Creason Feeder. The Creason Feeder carries water from the Fivemile Drain. When the Nampa. & Meridian Irrigation District wants to divert water into the Creason Lateral from the Fivemile Drain, we have a check str>,zcture .located downstream and to the west of the Creason Feeder. This check structure must have boards placed in it to divert the water as the water is forced into the Creason Feeder. In a storm of the magnitude of the one that is being used in the demonstration by Brian Smith, I can assure you that these boards would be removed and, therefore, no water would be forced into the feeder. One of the potential water sources Smith was the Flack Drain. I do not address the Flack Drain as the amount Creason Lateral from the Flack Drai based on several years of operationa RECEIr'VFD SEP o 5 1s~5 ~~ k that was mentioned by Brian believe that I .even want to of water that comes into the n is insignificant. This is 1 experience. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 • Gary Smith, City Engineer 1 September 1995 Page 2 The last water source for the Creason Late which is a controlled facility. The Fir source is the Ridenbaugh Canal located o: north of Franklin Road in Boise. The Fir some additional surface water but, in the magnitude, the Creason Lateral has a check confluence of the Creason Feeder and FincY can be placed. When this check structure the water direction down the Creason Feede: thus regulating the flow into the Creason • ral is the Finch Lateral ch Lateral's main water f Maple Grove Road just ch Lateral does generate case of a storm of great structure just below the Lateral in which boards is activated it pushes into the Fivemile Drain Lateral. I do not believe water can even reach the Creason Lateral in the magnitude discussed in this report. The Finch Lateral had a syphon placed in it for a road crossing west of this vicinity. This syphon is approximately 48 inches in diameter and the size was based on flow calculations provided by Hubble Engineering. In summary, Nampa & Meridian Irrigation District has owned and operated these facilities for well over 100 years. We have a current staff that is very dedicated and they are capable of dealing with a variety of situations including rain storms during water delivery season. I do not believe that this important fact was given any consideration when the report was prepared. The total issue happens to be, "Is it possible to operate and maintain the Creason Lateral in the vicinity of Waterbury No. 5 Subdivision with a 48 inch pipe and will the pipe run 2,000 inches"? In the brief discussion that I had this morning with the District's engineer, John Sharp, he agreed that a 48 inch pipe should be more that adequate to handle the flow of the Creason Lateral. I would be more than happy to attend concerning the piping of this facility. I in a position of defending the District's maintain a canal system. Please feel free Sincerely, ~~~, John P. Anderson District Water Superintendent pc: Each Director Secretary of the Board Daniel Steenson John Sharp Bill Henson Brian Smith, Hubble Engineering Rider 4 File any variance hearing feel that I am being put ability to operate .and to contact me. ~ • AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT IAW GRANT L. AMBROSR (1915.1968) JOHN O. F-'17.GRRALD, P.A. WAYNE G. CROOKSTON, JRy PA. WILLIAM J. SCHWARTZ JOHN O. FI'IZGERALD II., P.A. PLrI'ER W. WARB, JR. Is3e wEST STATE - P.o. sox a27 MF,RIDIAN, IDAHO 83680 THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS M E M O R A N D U M TELBPHONR (208) 8a8-4461 FACS/MICR (208) 888.3969 DATE: September 5, 1995 TO: Mayor Grant P. Kingsford and Meridian City Council FROM: Wayne G. Crookston, Jr. G'V ~' U c RE: Waterbury Variance Application from .~ .~ -9-605M Bruce Freckleton and I are of the opinion that this matter should be tabled because in the materials that the City has received, Nampa-Meridian has indicated that they believe the necessary pipe to pipe this water would be less than 48 inches. Hubble Engineer has submitted documentation that the pipe size would be 70 inches of more. We have just contacted Nampa-Meridian and would like them to receive the materials from Hubble Engineers and then give the City their opinion after having reviewed their materials. • • AMBROSE, FITZGERALD & CROOKSTON ATTORNEYS AND COUNSELORS AT LAW GRANT L AhIBROSE (19LS-1968) JOHN O. FIT7.(7ERALD, PA. 1530 WEST STATE - P.O. BOX 427 WAYNE G. CROOKSTON, JR, PA. WILLIAM J• SCHWARTZ JOHN O. FITI.GF.RALD II., PA. MERIDIAN, IDAHO 83680 PETER W. WARE, JR. THIS FIRM INCLUDES PROFESSIONAL CORPORATIONS M E M O R A N D U M TELEPHONE (20i) !b6-~Kl FACSIMILE (208) 88M3969 DATE: September 5, 1995 TO: Mayor Grant P. Ringsford and Meridian City Council /~ FROM: Wayne G. Crookston, Jr. //~~' C/ ,~ ._ !~ G" RE: Waterbury Variance Application from -9-605M Bruce Freckleton and I are of the opinion that this matter should be tabled because in the materials that the City has received, Nampa-Meridian has indicated that they believe the necessary pipe to pipe this water would be less than 48 inches. Hubble Engineer has submitted documentation that the pipe size would be 70 inches of more. We have just contacted Nampa-Meridian and would like them to receive the materials from Hubble Engineers and then give the City their opinion after having reviewed their materials. • Meridian City Council August 15, 1995 Page 6 1 will close that public hearing. Council members, are you prepared to take action? Tolsma: I want to ask Gary a question, Gary that, what Bruce Freckleton wrote in there, was that based on his calculations or from Nampa Meridian Irrigation or a combination of all? Eng. Smith: It is based on a review of the .information that was provided to us by the applicant. Tolsma: And he recommends then or calculates the 72 inch pipe as what is needed. Eng. Smith: We agree with the information that has been presented to us. As far as the calculations there they support the size of the pipe, the information that the applicant has provided to us. We did not go out and research the project on our own, gather information ourselves. Tolsma: That is all. Yerrington: Mr. Mayor, I have one comment, I took, I went out and measured it. The water is 32 inches deep out near this property and it is roughly 8 feet wide. Now, if there is anyway in Christ's world you can get that in a 48 inch pipe, so I am sure it is quite a bit larger than 48 inches. Kingsford: You weren't able to jump across it then is that what you are telling us? You had a comment Walt? Morrow: My only comment was that I was going to move to instruct the City Attorney to prepare findings of fact and conclusions of law. Yerrington: Second Kingsford: Moved by Walt, second by Max to have the City Attorney prepare findings and conclusions on the variance request for Waterbury Park Subdivision No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #5: FINAL PLAT: WATERBURY PARK SUBDIVISION NO. 5, 52 LOTS BY RAMON YORGASON: TABLED AUGUST 1, 1995: Kingsford: Does Council have questions of the applicant or the engineer or staff? Meridian City Council August 15, 1995 Page 7 Morrow: Mr. Mayor, could we have the representative make a brief presentation to review this project with us, it has been tabled several times as I recall. Smith: Mr. Mayor and members of the Council, this is the same parcel we just discussed based on the, this is the final plat for that subdivision. I apologize for tabling it, we felt it was prudent to table it and hear both the variance request and the final plat at the same meeting. The subdivision final plat for this subdivision is in general conformance with the approved preliminary plat. Again, which you reviewed and approved on March 21st of this year. Kingsford: Other questions Mr. Morrow? Morrow: I have no other questions for Mr. Smith. Corrie: Mr. Mayor, there was one question I guess with Joe Simunich, the street alignment. Kingsford: Street alignment, that issue in the initial hearing Joe. Let me read from notes from the Planning Director Shari Stiles, Item 5, Waterbury Park No. 5 preliminary plat, this should be tabled to wait for findings of fact and conclusions of law on the variance to ensure roadway alignment issues are worked out with Joe Simunich. The stub street to the west has been moved from the north to the south. My recollection from you was that did meet with your approval but I guess that is the question being asked. Simunich: (Inaudible) and Waterbury Park dead ends against our property line and we can' connect to it because the County has a certain restriction on a curve there and they won't let the road turn to the left about en feet because it doesn't meet with some of their engineering requirements. Therefore that road to the south is of no benefit to me. Kingsford: Is that something that there could be a realignment to where it would make a curve without engineering changes? Smith: I haven't seen exactly what Mr. Simunich is speaking of. If we are talking about starting a curve back in here in order to match up with the continued curve through his property is what I think he is referring to. Kingsford: He wants to put a street over the existing sewer line. And saying that would necessitate a significant turn from that street. Smith: My immediate concern would be with the irrigation structure that we provided for Mr. Simunich we piped his ditch coming down here. I don't know what effect that would have on it. We would be willing to work with him and that alignment in order to coordinate ~ • Meridian City Council August 15, 1995 Page 8 that if we can make this still work. I don't have a concern with that. Again, this was presented as a preliminary plat and this is the first that I have been made aware of that. So I guess I would have to see what his calculations are here but we will certainly try to accommodate him wherever we can. Kingsford: Other questions of the Council? What is the Council's pleasure? Morrow: Mr. Mayor, I would move to table this until the first meeting in September pending a resolution of the variance, findings of fact and conclusions. It also seems like there are some real gray areas here with respect to road alignment, I would like to see that issue resolved also at that time. So I move to table for those reasons. Yerrington: Second Kingsford: Moved by Walt, second by Max to table the final plat for Waterbury Park subdivision No. 5 until the September, the first meeting in September, September 5th, pending the findings of fact on the variance and also the questions with the alignment of the street, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: PUBLIC HEARING: ANNEXATION AND ZONING REQUEST OF 40 ACRES TO R-4 AND R-15 FOR THE LAKE AT CHERRY LANE NO. 5 & 6 BY STEINER DEVELOPMENT: Kingsford: At this time I will open that public hearing and invite the developer or his designee to speak first. Steve Bradbury, 300 North 6th Street, Boise, was sworn by the City Attorney. Bradbury: Thank you Mr. Mayor and members of the Council, this is an application for annexation and rezone. There is also a preliminary plat that is on its way to you. The Planning & Zoning Commission having just last week forwarded it with a do pass recommendation. The proposal was originally submitted in part annexation and rezone to R-4 and in part to R-15 designation. Since that time the Planning and Zoning Commission has recommended that some of the R-15 be changed to an R-8 designation and the applicant has agreed to that. I don't know if you folks still have one of these or something like it in front of you. I can show what part I am talking about. This was R-15, the blue, the green was R-15 and the pink was R-15, the black was R-4. The Planning & Zoning Commission has recommended that this pink be changed from an R-15 designation to an R-8 designation. That is what they have recommended to you folks to approve. The r 1 MERIDIAN CITY COUNCIL MEETING: AUGUST 1.1995 APPLICANT__ RAMON YORGASON ITEM NUMBER; 3 REQUEST;_ FINAL PLAT FOR WATERBURY PARK SUBDMSION N0.5 -TABLED JULY 18.1995 AG CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: COMMENTS SEE ATTACHED COMMENTS " REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTACHED COMMENTS CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS 1 S~ OTHER: ~ Materials presented at public meetings shall become property of the City of Meridian. 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 S. STILES, P & Z Adm. 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 GRANT P. KINGSFORD MEMORANDUM: Mayor To: Mayor, City Council From: Bruce Freckleton, Assistant to City Engineer Re: WATERBURY PARK SUBDIVISION NO. 5 (Final Plat - By Capital Development, Inc. ) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW P & Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE TIM HEPPER July 13, 1995 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 street development plans. 4. Submit copy of proposed restrictive covenants and/or deed restrictions for our 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 Homeowners Assoc. 6. Indicate any FEMA Flood Plains affecting the area being platted, and detail plans for reducing or eliminating the boundary. C: \WPW1N60\GENII2AL\WATRBRYS. C-C Mayor and Council July 13, 1995 Page 2 7. Please address in writing, each of the comment, within this memorandum, to the City Engineer's office. SITE SPECIFIC COMMENTS 1. This Plat generally conforms to the previously approved Preliminary Plat map. 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. Lots 1, 5, 6 and 10, Block 8, Lots 1, 5, 6 and 10, Block 9 don't meet the minimum 80 foot .street finntage required in an R-4 Zone along the W. Woodbury Drive, W. Creekside Drive and W. Waterbury Drive frontages. Indicate on the Final Plat map the front on these Lots being either N. Windbury Avenue or N. Skybury Avenue. 4. Please add or revise the following notes: (6) ... drainage easement for the benefit of the Ada County Highway District for maintenance of drainage facilities. (10) All buildable Lots are for single family dwellings only, each dwelling unit shall have a minimum floor area of 1400 square feet, excluding the garage area. 5. Add the word "Corner" to the 1/4 and 1/64 notation of the subdivision tie line. 6. Add the Corner Perpetuation and Filing Record Instrument number to the RPOB. 7. Indicate the centerline and southerly side of the "Creason Lateral Operation & Maintenance Easement". Dimension and label appropriately. 8. Indicate both sides of the existing City of Meridian "Sanitary Sewer Easement". Dimension and label appropriately. 9. Provisions should be made in the design of this developments water distribution piping to upsize the lines in W. Woodbury Drive, N. Skybury Avenue and the stub section of W. Waterbury Drive to 10 inch diameter. All other mains shall be 8 inch diameter. Ci \WPWIN60\GENFRAL\WATRBRY5.C-C OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, City Treasurer GARY D. SMITH, P.E. City Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waats Water Supt. DENNIS J. SUMMERS, Parka Supt. 3HARI S. STILES, P R Z Adm. KENNETH W. BOWERS, Flre Chief W. L. "BILL" CORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • • HUB OF TREASURE VALLEY COUNCIL MEMBERS A Good Place to Live MAX YERR NG~ONA CITY OF MERIDIAN ROBERT D.CORRIE WALT W. MORROW P 6 Z COMMISSION 33 EAST IDAHO JIM JOHNSON, Chairman MERIDIAN, IDAHO 83642 M M SHEARER Phone (208) 888-4433 • FAX (208) 887813 GRATIN HEPPERREE Public Works/Building Department (ZOS) 887-2211 GRANT P. KINGSFORD 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: July 11, 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18/95 REQUEST: Final Plat for Waterbury Park Subdivision No. 5 BY: Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick, East of Linder JIM JOHNSON, P/Z MERIDIAN SCHOOL DISTRICT MOE ALIDJANI, P2 MERIDIAN POST OFFICE(PRELIM ~ FINAL PLAT) JIM SHEARER, P/Z ADA COUNTY HIGHWAY DISTRICT _CIiARLES ROUNTREE, P2 ADA PLANNING ASSOCIATION TIM HEPPER, P/Z CENTRAL DISTRICT HEALTH GRANT KINGSFORD, MAYOR NAMPA MERIDIAN IRRIGATION DISTRICT RONALD TOLSMA, C/C SETTLERS IRRIGATION DISTRICT BOB CORRIE, C/C IDAHO POWER CO.(PRELIM & FINAL PLAT) WALT MORROW, C/C U.S. WEST(PRELIM & FINAL PLAT) _MAX YERRINGTON, C/C INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) WATER DEPARTMENT BUREAU OF RECLAAAPyjI(~V(PRELIN~,Bt FINAL PLAT) SEWER DEPARTMENT CITY FILES / ~ J// ~ BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER YOUR CONCISE ED J ~ hl 21 1995 CITY CDF MERIDIAN OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D!SMITH, P.E. City Enpinesr BPUCE O. STUART, Watsr Worka Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI S. STILES, P b Z Adm. KENNETH W. BOWERS, Firo Chief W. L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney • HUB OF TREASURE VALLEY -COUNCIL MEMBERS A Good Place to Live MAX vERR NGTSONA CITY OF MERIDIAN ROBERT D. CORRIE WALT W. MORROW P 6 Z COMMISSION 33 EAST IDAHO JIM JOHNSON,Chalm,an MERIDIAN, IDAHO 83642 M M SHEARERI Phone (208) 888--0433 • FAX (208) 8871[813 CHARLIE ROUNTREE Public Works/Building Department (208) 887-2211 TIM MEPPER GRANT P. KINGSFORD 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: July 11, 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18/95 REQUEST:Fnal Plat for Waterbury Park Subdivision No. 5 BY: ---Ramon Yorgason LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Linder JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT -SEWER DEPARTMENT -BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY -CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM 8 FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES / _ ~ / ~ ~~ OTHER: (~ (D YOUR CONCISE REMARKS: On'I~ n•y o s ~ ~ ~~ 4~ r- •1 i^ ~2 Q ~~ • SI~INTENDENT OF SCHOOLS Bob L. Haley DEPUTY SUPERINTENDENT Oa EXCF~ Dan Mabe, Finance & Administration ~~` ASSISTANT SUPERINTENDENT Z~ Christine Donnell, Personnel & Instruction ~~`~~/~ 1 ~n DIRECTORS I~ ,~`~,A`` Sheryl Belknap, Elementary Jim Carberry, Secondary Doug Rutan, Special Services JOINT SCHOOL DISTRICT N0.2 911MERIDIANSTREET MERIDIAN,IDAH083642 PHONE(208)888-6701 J y , City of Meridian _, ~ ,~.. . _. _ 33 East Idaho Meridian, Idaho 83642 '' i ~ `; '"', Re : Waterbury Park Subdivision No . 5 ~ ~~ ~ P' ~•° ~ ;., •! Dear Councilmen: I have reviewed the zoning request and final plat for Waterbury Park Subdivision No. 5 and find that it includes approximately 52 homes assuming a median value of $90,000. We also find that this subdivision is located in census tract 103.10 and in the attendance zone for Chief Joseph Elementary, Meridian Middle School and Eagle High School. Using the above information we can predict that these homes, when completed, will house 15 elementary aged children, 12 middle school aged children, and 16 senior high aged students. At the present time Chief Joseph Elementary is at 116 of capacity. The Meridian School District is not opposed to growth in our district, however this subdivision will cause increased over- crowding in all three schools. There is little opportunity to shift attendance boundaries since the surrounding schools are also well over capacity. Before we could support this subdivision, we would need land dedicated to the district or at least made available. In addition we would need to pass another bond issue for the construction of schools. The cost per student for newly constructed schools, excluding site purchase price and offsite improvements, exceeds $5,000 per elementary student and $10,000 per middle or high school student. We are in a difficult position and need your help in dealing with the impact of growth on schools. Sincerely, Marian Hylen Budget and Financial Manager MH:gr SUB~VISION EVALUATION ~EET RECEIVEID J U L 1 0 1595 Proposed Development Name WATERBURY PARK SUB N0. 5 City MERI~IY OF MEKIDI,~N Date Reviewed 6/07/94 Preliminary Stage XXXXX Final XXXXX Engineer/Developer Johnson Engr. / Ramon Yorgason The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. WATERBURY PARK SUBDIVISION N0. 5 x. Date 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 Boise City Street Name Ordinance. The followin4 existing street names shat! ac~s~ear on the plat as: "W. WOODBURY DRIVE" ______ "W. WATERBURY D~3aVl=" "N WINI~RI IR'~f .AVFNl1F" " The afaove street name comments have been read and approved by the following agency repsesentat~~es of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must tie secured by the representative or his designee in or for the street names to be officially approved. ADA COUNTY STREET NAME COMMITTEEf ~ENC,Y R P SFNTATIVES OR DESIGNEES Ada County Engineer John Priester ~ Date Ada Planning Assoc. Terri Raynor Date City of Meridian Representative ate Meridian Fire District Representative ate NOTE: A copy of this evaluation sheet must be presented to the Aclla County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index ~ ~~-~~ O O ~ 1~ N ~~~ ~r3x G.-Q • qd~~ z W~ '~ - Z~~~Z 20 ~~~.-~~~ '~ ~~o~W~ a~v~va ~°° W Z Q ~W~~ • n ~ '~{ W ~ ~ 1~1 ~ Z ~~ i ~F ~ ~~ f f 1 ~' 1 ~ ~1 1 1 1 e r 1 r ~ 1 I • 1 ~, ,; r 1~ 1 I (~~ f 'OM MOIf IAIOf nS 71 Yr~ Ayp~Y31r• ~~ ~~ r ~ - - - - - - - ~~~ 7 dOJ~f . . t • R • • f t • • ' JY ~~ ~ ffw ® `~ i® ® ® 1 ' ® 1 ~~ ~ ~ 71rt;hr ~ I ~ .r of o ~ 1 ® ~ ~ O O I ~ I ~ [® 1 O I ® • dr !~_ ~ R~~rin~v ^rneive ~u ~ ~°~°~~~~o~o~o ~~Uk w Y 3 { CIF ~~ jl: ~ ~: ~~ 1~ 1 II ~ o ~.- 1 1 < ~1 J t~ I I • z 1 E~ ~, .: ~~ I 1 ~ 1 ,' I~ ~1 ~~ :I ,~ a~ a~ttri~wn E ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~~~ E • ~ k~ x~ ~ ~ ~ ~ ~ ~ F' ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ; , t ~ i1~ . ~ ~~ f ... .. 1 11 1 1 1 ®r ~ ~~ ~ s~ ! ~~ i I ~ ~~~ ~~ ' ~I~ ~~ • ~~ ~~~ .. ~~ t ® ®~ ~~ ~` b OI O~~ ' ~® ~'I ~ ~' p p O I O ~, n I ,e, C . s, . ,; ,~.; r ~ .. +.;a 1 CENTRAL CE ~' •• DISTRICT ~RHEALTH DEPARTMENT DISTRICT HEALTH DEPA Environmental Health Division ENT Return to: - I i .. ~ :~ Rezone # ~,~ ~ ~ aY>~ ;,.ild~/;;- Conditional Use # Preliminary /Final /Short Plat dtif~TZ ~y~ ~'~r~/c s~/~,yi ~//.sio~ /~o. 5 ^ Boise ^ Eagle ^ Garden city ~-0'leridian ^ Kuna ^ 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: ,1~--central sewage ^ community sewage system ^ community water well ^ interim sewage ,lamcentral 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 ~~entral water ~- 10. Street Runoff is not to create a mosquito breeding problem. ^ I I. Stormwater disposal systems shall be reviewed by relative to: ^ Waste Disposal ^ Injection Well rules. ^ Groundwater Protection ^ 12. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 13. 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 ~- 15. ^ beverage establishment .^ grocery store :~i,~.~Pi~lw~~it~'~n- ~~-/'~`aci/~- 7S i~l~~~C~1C7~. Date: 7 / ~ / 9 Reviewed By: CDHD 10/91 rcb, rev. I/95 Review Sheet CENTRAL • • •• DISTRICT 'HEALTH DEPARTMENT MAIN OFFI CE 701 N. ARMSTRONG PL • BOISE, ID. 83704-0825 • (208) 315.5211 • FAX: 321-8500 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) STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND, State of Washington Department of Ecology, February 19892 2) ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE DRAINAGE MANAGEMENT 3) CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp Dresser and McKee, Larry Walker Assoc., Uribe and Assoc.. Resources Planning Assoc. , for the Stormwater Quality Task Force 4) URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management Practices Stormwater Quality Urban Drainage and Flood Control District, Denver, Colorado Serving Valley, Elmore, Boise and Ada Counties rtda i eoa. Cawy onic• 7W ~• 9 ~ WIC eoia • M.ridon 1606 R anion caunip o8ic. arna. coin O8k• vai.r c«rw 08th • 8oae ID 83704-0825 obert St. 520E 8tA Street N. al EnrionnNdd tbotln P.O. Boi 1448 . . Fnwa. HeaBh: J21.7499 BoBe.10. 83105 PA J34.3355 Mountan Home. 10. 83647 Ph 5814401 140 S 4th Sheet E MCCoL 0.83638 Forrwy Piarwiq 321.1400 . 324 Meridion Rd Mouttain Hartle. l0. Ph 634.7144 arrrKr~¢atbr~s 321.1450 . Meridian. 0. 83642 83641 Ph 581.9225 NuhBbn: J27.7460 Ph 888525 ~~nc:.27aaee JUL-31-1995 10 30 NUBBLE ENGINEERING 1 208 378 0329 P.01i01 ~`J~v ENGI/yF~QN ~ • RUBBLE ENGINEERING, INC. `~ y 9550 Bethel Court ^ Boise, Idaho 8370 2081322-8992 ^ Fax 208/378.0329 July 31, 1995 Mr. Will Berg City Clerk, City of Meridian 33 E. Idaho St. Meridian, Idaho 53642 RE: Final Plat Waterbury Park No. S Subdi"vision Dear Will: JUL 3 1 1995 On bchaif of our client Ramon 'Yorgason, we would hereby request that item number 3 of the August 1, 1995 City Council Meeting, concerning the above stated subdivision, be tabled for an additional period of two weeks: Please feel free to call me if you have any questions or wish to discuss this issue further. Sincerely, ~ Brian D. Smith, P.E. Civil Engineer TOTAL P.01 JUL 31 '95 10 28 1 208 378 0329 PAGE.01 '`' `~ RUBBLE ENGINEERING, INC. ~q y 9550 Bethel Court ^ Boise, Idaho 83709 2081322-8992 ^ Fax 208/378-0329 RV July 31, 1995 Mr. Will Berg City Clerk, City of Meridian 33 E. Idaho St. Meridian, Idaho 83642 RE: Final Plat Waterbury Park No. 5 Subdivision Dear Will: On behalf of our client Ramon Yorgason, we would hereby request that item number 3 of the August 1, 1995 City Council Meeting, concerning the above stated subdivision, be tabled for an additional period of two weeks: Please feel free to call me if you have any questions or wish to discuss this issue further. Sincerely, , Brian D. Smith, P.E. Civil Engineer r OFFICIALS WILLIAM G. BERG, Jr., Clty Clerk JANICE L. GASS, Clty Treasurer GARY D. SMITH, P.E. City Enplneer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waata Water Supt. DENNIS J. SUMMERS, Parka Supt. SHARI S. STILES, P 8 Z Adm. KENNETH W. BOWERS, FIro Chief W. L. "BILL" GORDON, Pollee Chief WAYNE G. CROOKSTON, JR., Attorney NAMPA b MERIDIAN TRANSMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENTT~R~J~:C;~S~ NCIL MEMBERS RONALD R. TOLSMA MAXYERRINGTON ROBERT D. CORRIE WALT W. MORROW P 3 Z COMMISSION JIM JOHNSON, Chairman MOE ALIDJANI JIM SHEARER CHARLIE ROUNTREE ~~~~~n pRii1~~PPER GRANT P. KINGSFORD 3 ~ J U N 1995 MayDr HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (ZOS) 887-2211 WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Citv Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Judy 11, 1995 TRANSMITTAL DATE: 6/23/95 HEARING DATE: 7/18/95 REQUEST: Final Plat for Waterbury Park Subdivision No. 5 BY: Ramon Yoraason LOCATION OF PROPERTY OR PROJECT: South of Ustick. East of Lind JIM JOHNSON, P/Z MOE ALIDJANI, P/Z JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRiNGTON, 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 b FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM b FINAL PLAT) U.S. WEST(PRELIM b FINAL PLAT) INTERMOUNTAIN GAS(PRELIM b FINAL PLAT) BUREAU OF RECLAMATION(PRELIM bFINAL FLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: r ~, , ~aT~ n~ ~c~....jr; ~.~ ,. ~_ s • The Fivemile Drain courses along the south boundary of the project. Nampa & Meridian Irrigation District has an 100 foot easement (50 feet from the, center each way). Nampa & Meridian Irrigation District's Creason Feeder courses along the east bouundary of the project. The right-of-way of the Creason Feeder is 70 feet: 35 feet from the center each way. Nampa & Meridian Irrigation District's Creason Lateral courses along the north bouundary of,t,l},e project. The right-of-way of the Creason Lateral is 60 feet: 40 feet to the right and 20 feet to the left of center facing downstream. See Idaho Code 42-1208--RIGHTS-OF-WAY NOT SUBJECT TO ADVERSE POSSESSION. The developer must contact John P. Anderson or Bill Henson at Nampa & Meridian Irrigation District, 466-0663 or 345-2431, for approval before any encroachment or change of right-of-way occurs. Nampa & Meridian Irrigation District requires that a Land Use Change/Site Development application be filed for review prior to final platting. Contact Donna Moore at 343-1884 or 466-7861 for further information. All laterals and waste ways must be protected. Municipal surface drainage must be retained on site. If any surface drainage leaves the site, Nampa & Meridian Irrigation District must review drainage plans. It is recommended that irrigation water be made available to all developments within this District. ~~,; ~ ~G,~~, Bill Henson, Assistant Water Superintendent Nampa & Meridian Irrigation District r~ia. & ~~e~udiact ~I~eigatioct ?~iQ~cict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 Eugene P. Smith Hubble Engineering, Inc. 9550 West Bethel Court Boise, ID 83709 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 RE: Land Use Change Application for Aaterbury Park Sub No. 5 Dear Mr. Smith: 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 Ramon Yorgason /City of Meridian enc. ~~~~ APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 11 July 1995 CJ N~eridian City Council July 18, 1995 Page 10 • whether some of them are easily buildable lots is another question. This is essentially the exact same plat we got that was approved as a preliminary. Kingsford: Any other questions Mr. Morrow? What is your pleasure? Morrow.. Mr. Mayor, I move that we approve the final plat for Haven Cove Subdivision No. 5 by Interv~st Developers subject to all of staff and ACHD staff conditions. Yerrington: Second Kingsford: Moved by Walt, second by Max to approve of the final plat by Haven Cove Subdivision No. 5 by Intennrest Development subject to all staff requirements being met as well as all ACHD requirements being met, discussion? All those in favor? Opposed? MOTION CARRIED: All Yea ITEM #6: FINAL PLAT: WATERBURY PARK SUBDIVISION NO. S, 52 LOTS BY RAMON YORGASON: Kingsford: Does the Council have any questions on that? Morrow: Mr. Mayor there was a letter in our box with a question that, in tonight's box requesting that this be tabled for a period of two weeks. Kingsford: Entertain that motion. Tolsma: So moved Morrow. Second Kingsford: Moved by Ron, second by Walt to table Waterbury Park No. 5 until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #7: TABLED JUNE 20, 1995: REQUEST FOR ANNEXATION AND ZONING OF 39.87 ACRES TO R-4 BY PNE/EDMONDS CONSTRUCTION (PACKARD SUBDIVISION): Kingsford: Does Council have questions about that? Morrow. Mr. Mayor, I would like to see a brief presentation, in the last presentation that • MERIDIAN CITY COUNCIL MEETING: JULY 18.1995 APPLICANT RAMON YORGASON ITEM NUMBER; 6 REQUEST; FINAL PLAT FOR WATERBURY PARK SUBDMSION NO. S 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: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: SEE ATTACHED COMMENTS "REVIEWED" SEE ATTACHED COMMENTS SEE ATTACHED COMMENTS J~ U~ U n ~-~ f" SEE ATTACHED COMMENTS ~~ SEE ATTACHED COMMENTS ^ ~U ~~YY 511 OTHER: AEI Materials presented at public meetings shall become property of the City of Meridian. \,\~ ENGINF~~ • • `' `~ RUBBLE ENGINEERING, INC. 9 y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 URV July 18, 1995 Mr. Will Berg City Clerk, City of Meridian 33 E. Idaho St. Meridian, Idaho 83642 RE: Final Plat Waterbury Park No. 5 Subdivision Dear Will: RECEIVED J U L 1 8 495 CITY OF MERIDUN On behalf of our client Ramon Yorgason, we would hereby request that item number 6 of tonight's City Council Meeting, concerning the above stated subdivision, be tabled for a period of two weeks. Please feel free to call me if you have any questions or wish to discuss this issue further. Sincerely, ~~ Brian D. Smith, P.E. Civil Engineer I~j "N~ ~Q. ~~ RUBBLE ENGINEERING, INC. 9SS0 W. Bethel Court • Boise, Idaho 83708 TRANSMRTAL LETTER FOR: _~cK uPs Attn. Inl t~ ~~/L~ (208) 322-8$92 • Fax (208) 378.0328 DATE ~//~j / ~S J~ No• ~l~/G J~IG'o per, (y~-~e.nc~~,v~~ al~~ a i WE ARE SENDING YOU: WE ARE PICIUNG UP _ (`See rengirlss) i _ As Requested ~( Attached _ Under Separate Cover, ~ ~ ~ ~ ~ $ Via FOR YOUR: _ Use Information ~( Record Review and Comment _ Bidding _ Cost Estimating _ Approval THE FOLLOYYING: _ Print(s) _ Specifications _ Plan(s) _ _ Shop Drawing(s) _ Sample(s) x Copy of Letter Disk(s) ('"See Disclaimer below) Copies Date Sheet No. Description -L (` tf r ~ REIIU-wcs: -- Copy To: _ With Encl. By: ~~ I N ti ~ < < , ; r-~~ , _ With Encl. ~-_ -_- - Signed: .. ~~ 1 ~ ..~ ~c. r h DIaK Daid.AaER:~LgA1lrE READ AND ~. ALL USERS OF THIS ELECTRONIC DATA SHALL BE AWARE OF THE PREq~ION, OR LACK OF PREgSION, THERBN. WE ARE FORWARDIN~i THIS ELECTRONIC DATA FOR YOUR CONVENIENCE ONLY, NOT A8 AN ACCUR/1 REPRESENTATION OF THE PROPOSED PROJECT. RUBBLE ENQINEERINCi, INC. IS NOT RESPONSIBLE FOR ANY DAMAGES INCURRED DUE TO RELIAN OF THIS DATA. FOR RUBBLE ENGINEERING USE ONLY: ' PILES: TTI~; DELIVERED: RECEIVED BY: _ , ; ~ ~ '~. - 3 6 ~ 4 CUEM copy s t • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this 2ZNO day of V1,ifkYLC}~ 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and CAPITAL DEVELOPMENT, INC., party of the second part, hereinafter called the "DEVELOPER", whose address is 2304 N. Cole Road. Suite "A", Boise, Idaho 83704 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511 A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of RR=4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, Rev. 3/21 /95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 • WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. That the above recitals are contractual and binding and are incorporated herein as if set forth in foil. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1 4 square feet of floor space, exclusive of garages. 3. That the property zoned RR=4, described in "Exhibit A", shall have lot sizes of at least fight thousand ($}Q~) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the t~-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized imgation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are. incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, Rev. 3121 /95 WATERBURY PARK SUBDIVISION NO. S DEVELOPMENT AGREEMENT Page 2 electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall also install telephone, electrical power, and gas lines as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefor; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed improvements. Rev. 3/21/95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 3 11. That DEVELOPER agrees, that upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed finding. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancy within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In Rev. 3/21/95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 4 the event of DEVELOPER'S failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or any portion of the subject land, upon completion of that portion of the total improvements installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. 15. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupa~ shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 16. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. Rev. 3/21 /95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 5 17. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer CAPITAL DEVELOPMENT, Inc. City of Meridian J. Ramon Yorg~son 33 East Idaho 2304 N. Cole Road, Suite "A" Meridian, ID 83642 Boi e, ID 83704 18. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 19. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 21. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. Rev. 3/21/95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 6 • DATED the date, month and year first appearing. ~` > - xe- :~;. ~"'~ =>:e Via. s~. ~w~. '=~!.~. .,.h .~i, l~M:w ..F. K~ • DEVEL-6PI~R: CAPITAL DEVELOPMENT. Inc ~~ i ~• Name: J. Ramon Yorg~son Title: Pr i n ! ~ B ', Name: ~ y1nAR.ILyN ` yo 2UASotJ Title: ecre J CITY OF MERIDIAN :~' rant P. Kingsford, Mayo '~' r~ y/~ / `/L~~i~^/~ f William G. Berg, Jr., City C rk ~' q r 1.~~~]r~ Rev. 3/21/95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 7 • • STATE OF IDAHO ) County of Ada ss. On this~1;;~ ~%day of 7~2~.~~ , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared J. Ramon Yor ag son and Marilyn Yor ag son, known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said 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.~~l,:`,, day and year in this certificate first above written. ~ ~`~ `' `• e1 t (SEAL) STATE OF IDAHO ) County of Ada ss. .J .. ". ~ - Notary Public for Idaho "= Residing at: --~~~ ~-cr ,..~k' ~~~~~~--4 ~ .. My Commission Expires: ~' ~ - ~ 7 ~ ` On this ~ day of , '~ - ~, , 1995, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. A ~v`' aI `751 =~~."Ly~, ~p8:~,`y f, ,s~ °~~ ,, „ ~' ~~ (SEAL) ~' ,~ y ~,, r ' ~.~. 9~ ~ ',, ~ ew l~l,}~~l)IIIIIIIii~' ~blic for Idaho mission Expires: _ Rev. 3/21/95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 8 C~ • EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND CAPITAL DEVELOPMENT, Inc. This subdivision is for 4~ single-family dwelling units, minimum house size of 1,400 square feet, with an overall density of ~ 16 dwelling units per acre. The DEVELOPER shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property, with approval of appropriate irrigation district and coordination with downstream water users to ensure irrigation systems are not interfered with and that all adjoining properties receive the water that they received prior to development. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 3. Construct curbs, gutters, sidewalks and streets to and within the property. 4. Dedicate the necessary land for public right-of--way. 5. Pay any development, impact or transfer fee adopted by the CITY. 6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 7. Provide a minimum of 2.04 acres of common area, as represented by the Applicant, to be maintained by the Waterbury Park Subdivision Homeowners Association. 8. Construct and install pressurized irrigation to all lots within this subdivision, with evidence of approvals from appropriate irrigation district/canal company and downstream water users submitted to the City. 9. Provide temporary construction perimeter fencing prior to obtaining building permits unless this requirement has been specifically waived in writing by the City; Five Mile Creek shall be fenced with permanent non-combustible fencing outside of existing easements and/or rights-of--way. 10. Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C. EXHIBIT "B" Rev. 3/21/95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 of 2 ., ~ • • 11. Provide and construct an area for the bike path along Five Mile Creek in coordination with the requirements for the City's Five Mile Creek bike path plans, Meridian City Ordinance 11-9-605 L. and the Meridian Comprehensive Plan. 12. Provide a gravel access road in accordance with City of Meridian Standards above the existing 21-inch sewer trunk line parallel to the Cresson Lateral. 13. Provide access for lands owned by John Sanford._ 14. Provide a determination of groundwater level and subsurface soil conditions, with report submitted to the City Engineer. ~ °' E:~ 7 v .J ~- ~ t". ~ ~ ... ~- ~ . l `., ... :i r. s .. .. C ' .., ~._ . -' ~j t_ ~ ~ r~~~ --- RECt.,- --- - , ---~7 GE EXHIBIT "B" Rev. 3/21/95 WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 of 2 Meridian City Council March 21, 1995 Page 57 • Kingsford: Any other questions of the Council? Again Gene that would be something you would have to request a variance from if in fact that is (inaudible). Is there a motion on the revised preliminary. Morrow: So moved Yerrington: Second Kingsford: Moved by Walt, second by Max to approve the revised preliminary plat for Waterbury Park Subdivision No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #17: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDIVISION NO. 5: Kingsford: Would you explain that to us Gene, you have that signed and worked out? Smith: We received the revisions from Shari today and they are satisfactory to the developer. Kingsford: Entertain a motion to approve of the development agreement. Morrow: So moved Tolsma: Second Kingsford: Moved by Walt, second by Ron to approve the development agreement for Waterbury Park Subdivision No. 5, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #18: DEPARTMENT REPORTS: Kingsford: Mr. Crookston, with regard to department reports, if we could first the Non- __ Development agreement if you could address that please, it is in our packet. Crookston: Yes, we have received anon-development agreement for Los Alamitos Subdivision by Marty Goldsmith. I worked this out with the assistance of Shari and Mr. Goldsmith's attorney Brian McCall. Now that we have the correct legal description it is appropriate for the City to act on this. • • RESIDENCE OF VENABLE LANE . March 10, 1995 The Honorable Grant Kingsford Mayor -City of Meridian City Hall 33 East Idaho Meridian, Idaho 83242 Dear Mayor Kingsford: RECEIVED MAR 1 41995 CITY OF MER1DlAN We write to you personally to solicit your assistance in the handling of a situation regarding, the use of Venable Lane by the personnel involved with the subdivision known as Waterburyy Number 5. They are using the lane as an access to this subdivision which included numerous vehicles as well as some heavy equipment. It was our understanding that Venable Lane was not considered in the overall plan as a public street. The residents of Venable Lane, at their own expense, maintain it as a private lane. There are only three residential houses on the lane at this time, but the dust and just traffic in general is a nuisance. Would it be possible to direct this request to the proper people to keep this lane as private use only, since the Venable Houses become part of Waterbury Number 5. It seems to us that the lane should dead enc. at the point so indicated on the enclosed map. We appreciate anything you can do to assist us. RESIDENTS 1. o ~. Sanford 2880 Venable Lane 2. 3. John C. Sanford a ... + F- ~ .. •ai a~w ` i~~ rNN iii ! 4 ~5~ ~.~ MAR ~ i.. -- ------ ... _ , .. __ ._ _..... ... . ~ ~ ... ~ .. i Tp~ Ml1p _ i... ~. o~ . a ... v ~ r ~ ..f . ~ .. ~.M.. ~ ~ ... •.~ :i III 1 i ...: i ~.. ~- ~ _. .... E ~~ 1 e .. ~ .. ~ .. • ~ .. Z•~ .~ .. BA~ _ f ~ \. ..... _ - - i ~ _ ~~_ _ - N - .. ~.~:_. ~:~~= =: _ ._....~_.~--~ _ _ __ _:-:.~.... _ _ _ .._~ii .... _ ...:.~. ~_ .:__..:~ __.~_.~. °' .4 .....:.. .. -.~ ..... •• .. ... ........_ .~... ~ J ' ~ . _. ' ~ ... ~. f ~ ..___ ................ .._ • • MERIDIAN CITY COUNCIL FEBRUARY 21. 1995 The regular meeting of the Meridian City Council was called to order by Mayor Grant Kingsford at 7:30 P.M.: MEMBERS PRESENT: Walt Morrow, Max Yerrington, Bob Corrie, Ron Tolsma: OTHERS PRESENT: Will Berg, Wayne Forrey, Gary Smith, Shari Stiles, Joe Simunich, Robert Hagen, Scott Edens, Katy Brown, Richard Jewell, Tucker Johnson, Gary Fors, Craig Slokum, Chief Gordon: MINUTES OF PREVIOUS MEETING HELD FEBRUARY 7, 1995: Kingsford: Are there any corrections to those minutes? Entertain a motion. Tolsma: I move they be approved. Yerrington: Second Kingsford: Moved by Ron, second by Max to approve of the February 7th minutes, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: First I would like to welcome Boy Scout Troop #61 and 30 with us this evening, good to have you here gentlemen. I will take it out of order and do item #16 first. ITEM #16: PROCLAMATION: FFA WEEK Kingsford: Whereas as the Future Farmers of America with vocational agriculture, education is a strong force for America's agriculture; and whereas, members of the FFA are playing and outstanding role in assuring the future process and prosperity of our nation; and whereas the FFA motto, "Learning to do, doing to loam; earning to live, living to serve" gives direction of purpose to these future leaders for tomon•ovds agriculture; and whereas, the FFA performs the valuable service of developing leadership, encouraging cooperation, promoting good citizenship, teaching modem information, and inspiring patriotism among its members. Now, therefore, I, Grant P. Kingsford, Mayor of Meridian, Idaho, do hereby designate the week of February 19 through 25, 1995 as FFA Week. Will the secretary please come forward and receive this please. Thank you very much for the appreciation breakfast, it was excellent. ITEM #1: TABLED FEBRUARY 7, 1995: DEVELOPMENT AGREEMENT FOR TUTHILL ESTATES NO.2 SUBDIVISION: ITEM #2: TABLED FEBRUARY 7, 1995: DEVELOPMENT AGREEMENT FOR • • Meridian City Council February 21, 1995 Page 2 WATERBURY PARK SUBDIVISION NO. 5: Kingsford: The first item on the agenda and the second item on the agenda have been asked to be tabled. I guess a point of information, where are we at with those, Counselor, why don't we just dispense with those and put them back on when they get those development agreements done. Crookston: That is fine. Morrow: Have they started construction on these subdivisions at all, is there any work going on? Crookston: I am not aware. Kingsford: Gary, do you know if either one of those, is there anything happening? Smith: Waterbury isn't final platted yet, and I don't think anything is happening on Tuthill, I am sure that it isn't. I haven't been signing the plat until the development agreement has been approved and signed by the Council. (Inaudible) Kingsford: Well, I suspect that they can anything but develop their subdivision, any of the uses that you would be able to go out on your land and do they probably could do Joe. But as far as to develop a subdivision and be able to sell lots they could not. (Inaudible) Kingsford: 1 believe that is correct Counselor, is that true? Crookston: No, they can't develop, some the plats have not even been finaled. Kingsford: What is to prevent them from doing that if say it is in a single ownership? Crookston: They could move dirt, I don't think they can put in sidewalks or roads. (Inaudible) Smith: We haven't allowed them to have apre-construction meeting until the final plat of the subdivision has been approved by the Council. That is an ordinance requirement that they aren't to make any improvements until the final plat is approved by the Council. Meridian City Council February 21, 1995 Page 3 Morrow. So at this point, the assumption is that there would be no work that would have gone on in them at all? Smith: 1 know for a fact on Waterbury No. 5 that there hasn't been anything because we don't have a final plat on that one. Tuthill No. 2 I am not certain of, I don't know the status of. (Inaudible) Kingsford: We are in the same boat, I think that they can move irrigation so long as it doesn't disagree with the irrigation district. If you are talking about laterals beyond the irrigation district, they can't disturb water down stream, they have to make sure it gets to the down stream users. I think they can do other things with it certainly. Crookston: I think they could as long, as Gary said, as long as it wasn't toward construction of the development, of the infrastructure of the subdivision. I think they can move dirt. (Inaudible) Crookston: I think that all depends on if they are moving to the extent of just moving it so they can irrigate their land this summer, I think they have the right to do that. Kingsford: 1 think if they are piping it they are clearly getting it ready and in advance of the irrigation season. Gary you had better check on that and see where we are at. Crookston: What you can do Mr. Mayor is you can table it to a date in the future, 2 or 3 or 4 or 5 months and if they want it sooner then they would have to come back and ask to be on the agenda again. Kingsford: What is the difference with that and just dispersing it until they come back. Crookston: You can do that too. Kingsford: I fully intended to. So it would have to be back on the agenda again Joe and if they are moving dirt and piping then clearly their objective is to have that ready to go before the irrigation season. What is the Council's pleasure? Morrow. Mr. Mayor I would move that vue withdraw these items from the table until they are brought back before by the applicant at some point in the future. Meridian City Council February 21, 1995 Page 4 Tolsma: Second • Kingsford: Moved by Walt, second by Ron to remove items 1 and 2 from the table until they are brought back at some time in the future by the applicant, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #3: TABLED FEBRUARY 7, 1995: VARIANCE REQUEST FOR THE LANDING NO. 7 SUBDIVISION BY SKYLINE DEVELOPMENT: Kingsford: Council members I put some material that Tucker Johnson brought in and discussed with me last Friday in your boxes. I will let him discuss those with you. Johnson: As the Mayor indicated we did meet together Friday afternoon. The information which I gave to him and you have in your packets is 2 things, one is the larger set of plans that I dug out of the archives with the help of Idaho Transportation Department, these large sheets are the construction as built drawings of Interstate I-84, at the time they built it, it was I-80, so thusly they are labeled I-80. The reason for the choosing of these sheets is because these sheets show the direct impact of drainage from the interstate area as well as help to quantify the other areas off site the interstate that are draining down to the interstate and down into the Kennedy Lateral. You will notice I highlighted on your copies on the first sheet is where the Kennedy Lateral crosses. If you will notice, you can see the way they have drawn that back in 1963 when they built this they had a separate pipe or conduit under each lane under each direction of traffic. The last sheet you have of those is what was done much later, done in 1976 it is this sheet here, the gray areas that are on the sheet show the improvements that Idaho Transportation Department or their contractor did at that time. The improvements were to fill in the median area presumably for safety and to extend the box culverts to the edge of their right of way. When they did that they eliminated the natural drain into the Kennedy Lateral from the median. In which time they put in a 2 inch corrugated metal pipe in the middle there and that is what it highlighted, on the front sheet. I physically went out and risked my life on the interstate and measured the distance from the piping or the viaductor back to the grate where the median drains into the 12 inch cnp pipe. It is a distance of 250 feet I think I kind of sketched that on there. Why that is important, basically for the following reasons. As you know we have addressed or looked at this issue a couple of time already, under the Council's direction we have met with the directors of Nampa Meridian. In a meeting with them they directed us, we are not engineers so let's have our engineers look at it. The letter which you have a copy of, I have received actually 2 letters in the whole process of this states that Nampa Meridian quantifies the amount that they put in that ditch at 50 cfs. It took me some time to realize that Nampa Meridian, that is what they are required to put in that ditch, that is • MERIDIAN CITY COUNCIL MEETING: FEBRUARY 21 1995 APPLICANT: WATERBURY PARK N0.5 ITEM NUMBER; 2 REQUEST; DEVELOPMENT AGREEMENT 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 /~- a r~~` ~ ,~~ ~ ~- w ~~~ ~Yg C-Anrv U" V" I' ~' I OTHER: ~/~ ~ ~, Z_Z~ FEB 21 '95 14. 1 PAGE.001 ```~ EteGlp~~9~ FIU~~~.E ENQIN~FRtIVG, INC. ~ y 9J80 8etheM Court . eoias, Idaho 83T09 20B8Z + Fax ~ ~ ¢ a ~ sUgV~y Febraaiy Z~ I995 AQr. W~71 Bang ~~~~ 33 E. Idaho St. Meridian, Idaho 83642 RE: Develo~ne~st ~'eamtats 3tittl~l Estates Na 2 waz~aty Pam s~ Nex s ~ w~, Please table; the above m items for toes ary ~1 meek as thexc are still s~ sieta~s tQ ba . Feel free to caiY ma # yew Dave al~- queatjo»s, Sincerely, ~~ Brian D. Smith Staff Euginear F~ ~ z ~ ~Ru~ CITY CI~ N~I~II3I~~ ** TOTRL PAGE.001 ** • Meridian City Council January 17, 1995 Page 2 MOTION CARRIED: All Yea ITEM #3: TABLED JANUARY 3, 1995: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDIVISION N0. 5: The motion was made and seconded to table the Development Agreement for Waterbury Park Subdivision No. 5 at the applicant's request until the February 7, 1995 meeting. MOTION CARRIED: All Yea ITEM #4: TABLED JANUARY 3, 1995: VARIANCE REQUEST FOR THE LANDING N0. 7 SUBDIVISION BY SKYLINE DEVELOPMENT: The motion was made and seconded to table the variance request for The Landing No. 7 Subdivision at the applicant's request until the February 7, 1995 meeting. MOTION CARRIED: All Yea ITEM #5: TABLED JANUARY 3, 1995: DEVELOPMENT AGREEMENT FOR SUMMERFIELD SUBDIVISION NO. 1 AND 2: The motion was made and seconded to approve the Development Agreement and to authorize the Mayor and City Clerk to sign it. MOTION CARRIED: All Yea ITEM #6: TABLED JANUARY 3, 1995: AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW FOR ANNEXATION AND ZONING REQUEST FOR GROVE RUN SUBDIVISION BY JLG BUILDERS: Councilman Morrow steps down due to a conflict of interest. The motion was made and seconded to approve the Findings of Fact and Conclusions of Law. ROLL CALL VOTE: Yerrington -Yea, Corrie -Yea, Tolsma -Yea MOTION CARRIED: All Yea The motion was made and seconded to approve the decision as written. MOTION CARRIED: All Yea •` MERIDIAN CITY COUNCIL MEETING: JANUARY 17.1985 APPLICANT: WATERBURY PARK NO. S ITEM NUMBER; 3 REQUEST; ~/~LOPMENT AGREEMENT ~,GFNCY 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: ~s 1~~ ~~ Sk e Z~~ rQ~'~ ~ p~ ADA GOUNTY STREET NAME COMMfTTEE: CENTRAL DISTRICT HEALTH: NAMPA MERiDiAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: 1 JRN 17 '95 14:5 • PRGE.001 4~, MGIry~F9 HUBBL.E ENGINEERING. INC. r ~ 9850 6athM Caur't • Boisr, Idaho 83709 20B/3d2-~2 • F8x 20Q/378-0~9 January 17, 1995 Mt. w~7liam ~ Qty Qar1y City a~ M 33 E Idaho St. ~~C~~~~~ ~a~ ~ ~ ~ss5 CITY DF ~1~~IDlAN IiE: wateri>~ry- l?~'k Na S Z~ Viii, As ave have aot yet raodv~ed si~aod daaalopm4elt agr~eemwts 1~ the clients a~ either of the abaWe meufianed p I vvndd rcgt~est that these agreraients be tabled for an additiaaoai two ~ea~-:Peria~- .. -.. Ploaee let me lmow if ran haMe any gnestio~• ur ff thaw its a Problem vdth this r+egnat iY. ~~~ Bit D. Smith Staff F.~mxt ** TOTAL PRGE.001 ** •~ • MERIDIAN CITY COUNCIL MEETING: JANUARY 3.1995 APPLICANT: WATERBURY PARK N0.5 ITEM NUMBER; 3 REQUEST; DEVELOPMENT ~-GREEMENT 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 `1 ~~. ~ ~~~~i ~ .~s~,~ ~~, ~ ~'~ ~S Y OTHER: ~I • ~`'' 9~ HUB~BLE ENGINEERING, INC. ~9_ Ay 9550 Bethel Court • Bvise, Idaho 83709 208/322$992 ^ Fax 2081378-0329 ~~~.~~~~ January 3, ] 995 Mr. William Berg Meridian City Clerk 33 E. Idaho Street Meridian, ID 8342 RE: Meridian City Council Agenda Items No. 2 and No. 3 Tuthill Estates No. 2 Subdivision Waterbury Park No.. 5 Subdivision Dear Will: CITE( OF ~f ERIDIAI~ Please table the above mentioned City Council agenda items concerning Tuthill Estates No. 2 and Waterbury Park No. 5 Subdivisions development agreements for an additional two week period. Please call me if there is a problem with this request or i£ you have any questions. Sincerely, ~,J ~~`~~ ~~CJ"'~ Brian D. Smith Staff Engineer BDS/bh/88~.1tr ** TOTAL PAGE.001 ** • MERIDIAN CITY COUNCIL MEETING: DECEMBER 20.1994 APPLICANT: WATERBURY PARK NO. S ITEM NUMBER; 2 REQUEST;,DEVELOPMENT AGREEMENT LG~NCY 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: C(=NTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION; SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS ~ ~~~~ ~,~s ~~; i ~av ~~~ BUREAU OF RECLAMATION: OTHER: DEC 20 '94 16:34 • • PAGE.001 T`" H~l~E3~~~ ~N~~NE~RING, fNC~ _ . - .. y 9~5o B~thd Court • eoise, Idaho 83709 201322-8992 -Fax 208/378-0329 o _~04 ~ .. December ?~ I994 Mr. W~Iiam Berg G~ty Clete, C,ytp of Meridian 33 B. Idaho Sk Mcridiaq Idaho $3b42 . RE: De~elopntent Agreemem 'I'~ttbT't F.~tates Na 2 Watarbury Park No. 5 near w~l, As we have not yet received sighed dcvelopmeat agreements from the clients t~f ei~ei oI - . the above •mcntloned•projects, Iwould request that these agreements again Ue tabled for an additional tvra week period. Please let me l~a+~v if you have any questions ar if there Is a problem with this rcyuest. 5ittccrely, ~~ .. . ... Srtan D. smith .. staff F-st:g~oar _ ** TOTflL PAGE.081 ** n L~ MERIDIAN CITY COUNCIL MEETING: DECEMBER 6 1994 APPLICANT; WATERBURY PARK 3UBDMSION NO. S ADGENDA NUMBER; , 2 REQUEST; DEVELOPMENT A~~EEM ANT TABLED AT NOVEMBER 15.1994 MEETING 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: WTERMOUNTAIN GAS: BUREAU OF RECLAMATION: • ~a ~b~~ ~~ ~~~~~~ OTHER: ~ ENG~~yF • • ~ ~'9~, H~I~BBLE ENGIIVEER~NG, ANC. • Z08/322•s992 • Fax ~~~ y c~p.ggthgl Court • Boise, Idaho 83709 o~ ° svav~~ ~~~~~ ~~ December 6, 1994 ~ ~ C _ 6 1~~4 ~F P~~RIDI~~~ Mr. William Berg Meridian City ©erk 33 E. Idaho Street Meridian, Idaho 83642 RE: Meridian C~tj- Count~l Agenda Items No. 1 & No. 2 'I~thill .Estates No. 2 Subdivision Water ~a~x No. 5 Subdivision near Wes: a items concerning'I~ithill Estates No. Please table the above mentioned City Coin agend 2 dad Waterbury Park No. 5 Subdivisions devoelopment a~eem~ts for an additional two week period. Feel free to call me if there is a pmblem with this request or if you have anY questions• Sincerely, rian D. Smith Staff F,ngiineer ** TOTAL PAGE.001 ** • MERIDIAN CITY COUNCIL MEETING: November 151994 APPLICANT; WATERBURY PARK SUBDMSION N0.5 ADGENDA NUMBER; 3 REQUEST;DEVELOPMENT AGREEMENT 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: • '`'~ `~ FIUBBLE ENGINEERING, INC. 9 y 9550 Bethel Court ^ Boise, Idaho 83709 208/322-8992 ^ Fax 208/378-0329 RV REC~l~i~1 November 15, 1994 Mr. William Berg City Clerk -.City of Meridian. Meridian City Hall 33 E. Idaho Street Meridian, ID 83642 RE: W ;R$IfiRV PARK SUBDIVISION NO. 5 City Council Agenda Item No. 3 Dear Mr. Berg: N g V 1 5 1994 CITY OF h[FRIDIAN Please table the above mentioned item concerning the Development Agreement for Waterbury Park Subdivision No. 5 for an additional period of two weeks from this date. This additional time will allow both the City and the developer to finalize discussions pertaining to the developement agreement prior to City Council approval. Please call me if there are any problems with the request or if you have any questions. Thank you for your consideration on this matter. Sincerely, ~ .~~ Brian D. Smith Staff Engineer BDS/vw/ltr.2169 NOV 15 '94 16:27 PAGE.00z rys HUBB~.E ENGINEERING, INC. ~ 9550 Bethel Court • Boise, Idaho 83709! 208/322-8992 ^ Fax 208!378-0329 November 15, 1994 Mr. William Berg City Clerk -City of Meridian Meridian City Mall 33 E. Idaho Street Meridian, ID 83642 RE: WATEItS>~J'RY PARK SUBDIVISION NO. 5 City Cow~cil Agenda Item No. 3 Dear Mr. Berg: Please table -the above menEioned item concerning the Development Agreement for Waterbuiry Park Subdivision No. 5 for an additional period of two weeks from this date. This additional time will allow both the City and the developer to fw~alizc discussions pertaining to the developement agreement prior to Ciry Council approval. Please call rue if there aze any problems with the request or if you have any questions. Thank you for your consideration on this matter. Siu~tcerely, ~~~~ Brian D. Smith Staff Eng~e~er BDS/vw/ltr.2169 ** TOTAL PAGE.002 ** r I ~ ~ • Meridian City Council November 1, 1994 Page 8 Smith: That was the reason I was calling him this afternoon. Kingsford: I guess it issues the Council, what is your decision with regard to the pressurized irrigation? You say it has to be and it has to be, we will have to table the development agreement until it is signed. Morrow. Mr. Mayor, I would move that the pressurized irrigation stays. Yerrington: Second Kingsford: Moved by Walt, second by Max to continue the requirement for pressurized irrigation on Tuthill Estates No. 2, all those in favor? Opposed? MOTION CARRIED: All Yea Kingsford: It would be appropriate to table the development agreement. Yerrington: So moved Tolsma: Second Kingsford: Moved by Max, second by Ron to table the development agreement for Tuthill Estates until the next meeting, all those in favor? Opposed? MOTION CARRIED: All Yea ITEM #4: TABLED OCTOBER 18, 1994: DEVELOPMENT AGREEMENT FOR WATERBURY PARK SUBDIVSION NO. 5: Kingsford: I think we also received a letter on that requesting a table. For the Council's information I had some dialogue with the engineer on that as well and they are in an effort to try and set up a meeting with the property owner out there to be sure they obtain access to his property which is one of the items in the development agreement. With that I would entertain a motion to table that until the next meeting. Morrow. So moved Corrie: Second Kingsford: Moved by Walt, second by Bob to table the development agreement for Waterbury Park NO. 5 until the next meeting, all those in favor? Opposed? C~ Meridian City Council November 1, 1994 Page 9 MOTION CARRIED: All Yea ITEM #5: TABLED OCTOBER 18, 1994: ORDINANCE #675 -HAVEN COVE NO. 5: Kingsford: Mr. Smith, Gary on this one, would you like to field that, again we had a meeting with the engineers and their client. Smith: Yes, Mr. Mayor, yesterday Mayor Kingsford and I met with Leon Glaser, Dave Collins and Dave's assistant Chad and we discussed the Exhibit B, some of the requirements in Exhibit B of the development agreement. Specifically, a specific item discussed was the landscape berm requirement along West Pine. The concern of the developer was the point in time that the requirement was made for the 20 foot wide landscape easement slash common lot area. The developer's engineer after my review of the plat reduced the amount of right of way from center line from 33 foot to 30 foot which allowed him to gather 3 feet and add to that the 7 foot common lot area that he had provided on that plat for a total of 10 foot common lot. In combination with that common lot area would be a 10 foot easement on the back of the lot, those lots that back onto Pine, W. Pine Avenue. And this total vuould be 20 feet then, 10 feet of which would be a common lot, 10 feet of which would be a landscape easement. The developer agreed and you might need to correct me on this Mayor Kingsford, I believe the developer agreed that he would stipulate in the covenants that fences would not be built along that berm area other than what he termed a landscape fence. Which would basically as I understood it consist of plantings rather than a fence structure. This would allow the lot to take full advantage of its depth which would basically be to the center of the berm. So that there would be 8,000 feet of usable lot area. Short of doing this vuould require redesign of the subdivision I believe at least to some extent and probably the loss of some lots because the depths and the widths of the lots and the area of the lots are 8,000 square feet roughly, even though some of these lots are culdesac lots and are larger than that there are some lots that would back onto W. Pine that would require some modification and possibly the loss of a lot just because of the way the street configuration is presently existing. But his biggest concern was the point in time that the landscape strip was brought to his attention and they have some concern about the definition of or the application of the landscape strip to separate different uses or I believe the definition uses the word major roadway. So there is some concern that they have, the developer has and his engineer over the terminology for the requirement of the landscape strip. Those were I think that was the major issue that was raised. Kingsford: The issue again came up and we might want to clarify our perimeter fencing and there was concern, they thought we were talking about a permanent 6 foot board fence or whatever and I don't think that was ever Council's intent. It was a fence to contain debris during construction, if I am correct. So v~ need to clarify exactly what that fences roll is. NOV 1 '94 15:03 PAGE.001 • '`' `" NUBBLE ENGINEERING, INC. `9 y 9550 Bethel Court .Boise, Idaho 83709 208!322$992 ~ Fax 2081378-0329 ~E~~~~~~ ~ Q'~ - 1 1994 (:ITY OF MIERIDIAN November 1, 1994 Mr. Wdliam Berg . City Qerk -City of Meridian Meridian City Hall 33 E. Idaho Street Meridian, Idaho 83642 RE: Waterbury Park Subdivision No. 5 City Counc7 agenda Item No. 4 Dear Mr. Berg: Please table the above mentioned item concerning the Development Agreement for Waterbury Pazk Subdivision No. S for an additional period of two weeks from this date. This additional time will allow both the City and the developer to finalize discussions pertaining to the deve]opment agreement prior to City Council approval. Please call me if there are any problems with this request or if you have any questions. Thank you for your consideration on this matter. Sincerely, ~5~6 Brian D. Smith Staff Engineer ** TOTAL PAGE.001 ** • MERIDIAN CITY COUNCIL MEETING: October 18 1894 APPLICANT:. t~ ~~~ ~y'~~'~z~ AGENDA ITEM NUMBER: REQUEST: _ __ _l/E~oph~tP~y~ ~r+PF~-r~s-~°f~ ~- ~tlt, ~ar`~ #~- GA ENCY 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 S~ f~~~ p~ ~~~~` ~~ ~ ok OTHER: OCT 18 '94 17:01 • ~~,` c9J+ RUBBLE ENGINEERING, INC. 9554 Bethel Court • Bolse, Idaho 83'709 2081322.8992 • Fax 2081378.0329 9 y ~~ suRV~~°~ RECEI~IED O C T 1 8 1994 CITY OF MERIDIAN October 18, 1994 Mr. Will Berg Meridian City Clerk 33 E. Idaho Avenue Meridian, ID 83642 RE: Wacterbury Park Subdivision No. 5 Item No. 4 Dear Will: VIA FACSIMILE Having just received a copy of the proposed Development Agreement for the above referenced project, we hereby request this item to be tabled at tonight's City Council meeting. Justification t'or this request is twofold--first to allow enough time to understand..those items within the agreement and secondly, to advise our client of the requirements. Should you require further information,. please call. Sincerely, Gene P. Smith, P.B. Sr. Project Manager GPS/bh/841.1tr cc: Ramon Xorgason ** TOTAL PAGE.003 ** OCT 18 '94 17:00 • 9~ HU66LE ENGINEERING, INC. Date: ~e~~~9~ 9550 Bethel Court ^ BoiSB, Idaho 83709 20813?2.8992 • Fax 20813713-0329 e`' ~ suavti~° RECF.IVE~- FAX ?'RArTSMITTAL F$~c Nn>fnnber: 008)378-o3Z9 Q ~ t 1 8 1994 Telepboae r1n>tnber: (~08)3ZZr8992 CITY t~f ~tE81DIAN FIRM. ADD11tESS: FAX NUMBER: 8~ 7 - ~fBi3 # OF PA~3ES TRANSMITTED (~u~ ~ )= 3 T,~,~ D. Z 0 I~ all pages are not please call. • DEVELOPMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 1994, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and CAPITAL DEVELOPMENT. INC. ,party of the second part, hereinafter called the "DEVELOPER", whose address is 2304 N Cole Rd. Suite "A". Boise. ID 83704 WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; and WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A, Development Agreements, which provides that cities may enter into development agreements with developers upon rezoning of land; and WHEREAS, the CITY has passed two development agreement ordinances, one when land is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned, 11-2-417 D; and WHEREAS, the DEVELOPER has submitted an application for annexation and zoning, or an application for rezone, of that certain property described in Exhibit "A", and requested zoning of R-4 and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission; and WHEREAS, the DEVELOPER made some representations at the public hearing before the Meridian Planning and Zoning Commission as to how the land would be developed and what improvements would be made; and WHEREAS, the CITY has authority to place conditions and restrictions upon annexation or rezoning of property; and WHEREAS, DEVELOPER deems it to be in its best interest to be able to enter into this agreement and acknowledges that this agreement was entered into voluntarily and at its urging and request; and WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat thereof which has been approved for annexation by the CITY and as part of the annexation or rezone the CITY adopted and approved Findings of Fact and Conclusions of Law; and, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 1 • WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A", only construct single-family houses and that all such single-family houses shall have at least 1.400 square feet of floor space, exclusive of garages. 3. That the property zoned R-4 ,described in "Exhibit A", shall have lot sizes of at least Eight Thousand 8 000 square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone and have no duplex units, townhouses, or patio homes constructed on said property. 4. That there shall be no change to increase the number of lots or the size of lots as shown in the preliminary plat submitted with the request for annexation, zoning and preliminary plat approval, which is incorporated herein as if set forth in full herein. 5. That DEVELOPER will, before annexation, or de-annexation, file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" showing all streets, utilities, pressurized irrigation facilities, sewer, water, drainage, street and other similar signing and barricades, and other such improvements contemplated within the subdivision, which Plans and all improvements shown thereon shall meet the approval of the City Engineer. The Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the proposed location of pressurized irrigation facilities within or that may affect or be affected by the development. Said Subdivision Improvement Plans are incorporated herein and made a part hereof by reference. 6. That DEVELOPER will, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. DEVELOPER shall WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 2 • • also install telephone, electrical power, gas lines, and television as required for the development. 7. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and Subdivision Improvement Plans, and the City Standard Engineering Drawings and Standard Engineering Specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the DEVELOPER and the CITY if the standards and specifications are more restrictive and onerous at the time of construction than at the tune of execution of this Agreement. 8. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion, or portions, of said improvements he intends to complete and the time schedule therefore; and agrees to make such modifications and/or construct any temporary facilities necessitated by such phased construction work as shall be required and approved by the City Engineer. 9. That DEVELOPER will have "corrected" original drawings of the Subdivision Improvement Plans of all said improvements prepared by a Registered Professional Engineer and will provide the CITY with said Plans or a duplicate mylar copy of said Plans. The Subdivision Improvement Plans of the proposed improvements shall be "corrected" to show the actual constructed location (both horizontally and vertically) of the various water and sewer lines, all utility lines, and pressurized irrigation lines and their individual building service lines, the curb and gutter alignment and grades, etc. The "corrected" Subdivision Improvement Plans shall include a "Certification" thereon, signed by the Registered Professional Engineer in charge of the work, that said Plans of the various improvements are true and correct and that he (the Registered Professional Engineer) has inspected the construction of the various improvements (water lines, sanitary sewer lines, pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials for and the installation of the same were all done in conformance with the applicable .City Standard Engineering Drawings and Standard Engineering Specifications governing the construction of these facilities. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed unprovements. 11. That DEVELOPER agrees, that upon a fording by the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion, or portions, or the entirety of said improvements need to be completed in the interest of the health, welfare and/or safety of the inhabitants of the CITY, the DEVELOPER will thereupon, within a reasonable time, construct said needed WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 3 • • improvements, or, if he does not so construct within a reasonable time after written notification of such Council action, and the CITY thereafter determines to construct, and does construct such improvement, or improvements, the DEVELOPER will pay to the CITY the cost of such construction, in such manner and under such terms as the CITY shall order after conference with the DEVELOPER. Provided, however, the City Council shall not make the finding set forth in this paragraph except at a regular or special meeting of the City Council and unless the DEVELOPER has been notified in writing of the time and place of such meeting at least three (3) days prior thereto and has been given an opportunity to be present in person or by counsel, and to be heard on the merits of the proposed fording. 12. That DEVELOPER agrees that upon his, its, or their having received written notification from the City Engineer, that any of the requirements herein specified have not been complied with, that the CITY shall have the right to withhold the issuance of any Certificates of Occupancv within such annexed area and/or shall have the right to withhold the providing of culinary water service to any part, parcel, or portion of such annexed area until such time as all requirements specified herein have been complied with; provided, however, the DEVELOPER shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy or any water service shall have been withheld for reasons set forth in this paragraph, and shall have the right to be heard as to why such Certificate of Occupancy should be issued or water service allowed. The Council shall then decide whether said Certificate of Occupancy shall be issued or water service to said property allowed, and its decision shall be final, except that the rights of the parties are preserved at law and equity. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, the CITY may, at its sole option, install the improvements and declare the entire cost of said improvements to be immediately due and payable and may seek to collect such sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be available in law or equity. In the event of such declaration, all sums due shall bear interest at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid. 14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a mortgage in accordance with the mortgage foreclosure laws of the State of Idaho; provided further that upon request of the DEVELOPER, the CITY will execute and deliver a partial release of the lien created herein against all or apy portion of the subject land, upon completion of that portion of the total improvements WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 4 • • installed which relates to the percentage of improvements that have been installed as compared to the total amount of improvements. The CITY further agrees that, upon request of DEVELOPER, the CITY will, by written agreement, subordinate the lien created hereby, to any mortgage, deed of trust, or other security device required to secure the payment of any loan or advance made to DEVELOPER for the sole purpose of financing the construction of improvements upon the land which is the subject of this Agreement; provided, however, that the financing entity shall first warrant and represent in writing that it understands that the contemplated loan or advances will be used solely for the construction of improvements upon the land and that it will take reasonable precautions usual and customary to the financing and lending industry to ensure that the loan proceeds or advances will not be used for any other purpose. The CITY may also require surety bonds, irrevocable letters of credit, cash deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and the DEVELOPER agrees to provide such, if required by the CITY. . 15. That DEVELOPER agrees that those portions of the water main or the sanitary sewer line, for which the CITY has expressly agreed to enter into a late comers agreement, if any, for including any water or sewer line extensions, increased line size or capacity, are required because of future service needs originating from properties not owned by DEVELOPER and located within the vicinity of the subject development; that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and/or improvements concurrently with the facilities to be constructed for DEVELOPER's purposes, and the impracticality or impossibility of constructing such excess capacity and/or improvements separately or at a later time, DEVELOPER agrees to design and construct such facilities subject to the CITY's agreement to enter into a late comers agreement to reimburse DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER agrees to obtain three independent bona fide bids for the performance of such work from qualified and responsible contractors and shall deliver copies of such bids to the CITY prior to the commencement of such work. Such bids shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the CITY may possibly agree to enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of whether the lowest bidder is in fact selected by DEVELOPER to perform the work. 16. That DEVELOPER agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the CITY and the DEVELOPER have WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 5 • • entered into an addendum agreement stating when the improvements will be completed in a phased development; in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and by this reference made a part hereof; and agrees to construct a perimeter fence around the entire parcel prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed that such fencing is not necessary. 18. That DEVELOPER agrees that any notice required by this Agreement shall be given at the following address: CITY of Meridian: DEVELOPER: City Engineer Capital Development. Inc. City of Meridian Ramon Yorgason 33 East Idaho 2304 N. Cole Rd.. Suite "A" Meridian, ID 83642 Boise Idaho 83704 19. That DEVELOPER agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. All covenants and conditions set forth herein shall be appurtenant to and run with the land and shall be binding upon DEVELOPER's heirs, successors or assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution of the Mayor and City Clerk. 22. That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and the property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the CITY of Meridian. WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 6 DATED the date, month and year first appearing. By CITY OF MERIDIAN By Grant P. Kingsford, Mayor By William G. Berg, Jr., City Clerk WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 7 • STATE OF IDAHO ) County of Ada ss. On this 15th day of september, 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared) • Ramon Yo,_,,g_ason ,known, or proved to me, to be the President of said corporation that executed this instrument and the persons who executed the said 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. (SL,r"~I.} STATE OF IDAHO ) County of Ada w Notary Public for Idaho Residing at: Boise, Idaho __ My Commission Expires: ~ 8- 2 7- 9 9 ss. On this day of , 1994, before me, the undersigned, a Notary Public in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG, JR. , known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that said City of Meridian 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. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: WATERBURY PARK SUBDIVISION NO. 5 DEVELOPMENT AGREEMENT Page 8 • :«;: ~~ 9~ RUBBLE ENGINEERING, INC. `9 Ay 9550 Bethel Court ^ Boise, Idaho 83709 208/322.8992 ^ Fax 2081378.0329 Project No. 94034 May 13, 1994 Revised August 26, 1994 EXHIBIT "A" DESCRIPTION FOR PROPOSED WATERBURY PARK SUBDIVISION NO. 5, PORTIONS OF THE E1/2 SE1/4 NW1/4 AND W1/2 SW1/4 NE114, SECTION 1, T.3N., R.1 W., B.M., ADA COUNTY, IDAHO A parcel of land lying in a portions of the E1/2 of the SE1/4 of the NW1/4 and W1/2 of the SW1/4 of the NE1/4 of Section 1, T.3N.; R.1W., B.M., Ada County, Idaho and more particularly described as follows; Commencing at the one-quarter corner common to Section 2 and the said Section 1; thence South 89°27'28" East 2655.29 feet along the Southerly boundary of the said NW1/4 of Section 1 to a point marking the Southeast corner of the said NW1/4 of Section 1, also said point being the REAL POINT OF BEGINNING; thence North 89°27'28" West 663.82 feet along the said Southerly boundary of the NW1/4 of Section 1 to a point marking the Southwest corner of the said E1/2 of the SE1/4 of the NW1/4 of Section 1; thence North 0°05'40" East 862.19 feet along the Westerly boundary of the said E1/2 of the SE1/4 of the NW1/4 of Section 1 to a point; thence South 89°20'11" East 664.35 feet to a point on the Easterly boundary of the said NW1/4 of Section 1; thence South 76°16'49" East 70.86 feet to a point; thence South 0°24'09" East 844.72 feet to a point on the Southerly boundary of the said NE1/4 of Section 1; Prop. Waterbury Park Subd. No. 5 Page 1 of 2 • •,, !Y: !, Project No. 94034 t - ~ .'• t ,, } 9 J!, 'f, y i J i ,.}ti ~~..w.vFM,i:i: .. '~, t 1,. ~.I i~ i/ }i` 4 . ... S'. S ~. ~. 1.. . :. `{ J Sayt ' Y h ~ .. ti cly~ j .May.13, 1994 Revised August 26, 1994 thence North 89°27'21"West 76.71 feet along the said Southerly boundary of the NE1/4 of Section 1 to the point of beginning, comprising 14.56 acres (634,116 square feet), more or less. Prepared by: NUBBLE ENGINEERING, INC. BDS/DTP/mf/519A.des D. Terry Peugh, P.L.S. Prop. Waterbury Park Subd. No. 5 Page 2 of 2 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND CAPITAL DEVELOPMENT, INC. This subdivision is for 46 single-family dwelling units with an overall density of 3.16 dwelling units per acre. The DEVELOPER shall: 1. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines. 2. Construct streets to and within the property. 3. Pay any development fee or transfer fee adopted by the CITY. 4. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet the Ordinances of the CITY. 5. All common areas within the subdivision shall be maintained by the Waterbury Park Subdivision Homeowners Association. 6. Provide pressurized irrigation to all lots within this subdivision. 7. Provide a gravel access road above the existing 21" sewer trunk line parallel to the Creason Lateral 8. Relocate and pipe the existing users ditch to provide irrigation water to the western boundary. NGI /G- N\ • • \v. _~/ URV • • RUBBLE ENGINEERING, INC. 9550 Bethel Court ^ Boise, Idaho 83709 October 18; 1994 Mr. Will Berg Meridian City Clerk 33 E. Idaho Avenue Meridian, ID 83642 RE: Waterbury Park Subdivision No. 5 Item No. 4 Dear Will: 208/322-8992 ^ Fax 208/378-0329 VIA FACSIMILE Having just received a copy of the proposed Development Agreement for the above referenced project, we hereby request this item to be tabled at tonight's City Council meeting. Justification for this request is twofold--first. to allow enough time to understand. those items within the agreement and secondly, to advise our client of the requirements. Should you require further information, please call. Sincerely, Gene P. Smith, P.E. Sr. Project Manager GPS/bh/841.1tr cc: Ramon Yorgason MERIDIAN CITY COUNCIL MEETING: October 4 1994 APPLICANT: WATERBURY PARK SUBDMSION NO 5 AGENDA ITEM NUMBER: 11 REQUEST: DEVELOPMENT AGREEMENT -WATERBURY PARK SUBDMSION NO 5 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 ~. ~~ ~c~k 19 ~u~ OTHER: