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Application• ~ MayorTammy de Weerd ~1 City Council Members: iJ IDIAN~ Keith Bird i+ Brad Hoaglun Charles Rountree IDAHO David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: May 31, 2011 Transmittal Date: May 4, 2011 File No.: VAC 11-001 Hearing Date: June 7, 2011 Request: Public Hearing-Vacate a portion of the plat (Lots 1; 8-15, Block 15 Sz Lots 1-32 Block 16) and the associated public utility easements platted with Jayker Subdivision No. 1 By: SWG Brighton, LLC Location of Property or Project: north side of Chinden Boulevard, east of N. Tree Farm Way Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP> Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No vAR, vac, FP> Building Department/ Rick Jackson Fire Department Police Department City Attorney City Public Works /Scott Steckline City Planner City Engineer Economic Dev. (cuP only) Parks Department Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only> Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,cuP/SHP only) QWest (FP/PP/SHP only) Intermountain Gas (FP/PP/sHP only) Idaho Transportation Dept. (tVo FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District ...Boise Project Board of Control /Tim Page City Clerk's Office • 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org • E IDIAN~%--- Planning Department I~,~: ~ ~ COMMISSION & COUNCIL REVIEW APPLIC ~' ~~~~~ R `~'~ ` ,o ~.. of Review Requested (check all that a ^ Alternative Compliance ^ Annexation and Zoning ^ Comprehensive Plan Map Amendment ^ Comprehensive Plan Text Amendment ^ Conditional Use Permit ^ Conditional Use Permit Modification ^ esign Review ,Final Plat ^ Final Plat Modification ^ Planned Unit Development ^ Preliminary Plat ^ Private Street ^ Rezone ^ Short plat ^ Time Extension (Commission or Council) ^ UDC Text Amendment Vacation (Council) ^ Variance ^ Other STAFF USE ONLY: File number(s): ~~ ~ ~ ~ "'~~ Project name: Jo U ~~ Date filed: ~ ~-Z'~l ( Dnate com~ete: 5' 2 ~ (t Assigned Planner: !~, ~ ~ 7Gti/,r~+ s .Related files: ~P'o7-026 ~ l ~"' Hearing date: t>7~ !"' ~~ ^ Commissionl~Council Applicant Information Applicant name: Brighton Investments, LLC, and SWG Brighton LLC Phone: 378-4000 Applicant address: 12601 W. Explorer Dr., Suite 200 Boise, Idaho Zip: 83713 Applicant's interest in property: ^~ Own ^ Rent ^ Optioned ^ Other Owner name: Same as above Owner address: Agent name (e.g., architect, engineer, developer, representative): Firm name: Address: Primary contact is: ^ Applicant ^Q Owner ^ Agent ^ Other Phone: Zip: _ Phone: Zip: _ Contact name: Michael D. Wardle, Director of Planning, Brighton Corporation Phone: 287-0512 E-mail: mwardle@brightoncorp.com Fax; 377-8962 Subject Property Information Location/street address: Attached Assessor's parcel number(s); Attached Township, range, section: T4N R1W S22 Total acreage: ~ 2• q~ Current land use: _ Improved residential lots Current zoning district: R-8 ~~ 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 • • Project Description ProjecUsubdivision name: Spurwing Greens Subdivision (re-subdivision of a portion of Jayker Subdivision-Phase 1) General description of proposed project/request: Thirty-nine (39) existing residential lots and two (2) common lots, per the attached list, are beine re-subdivided into 38 re-confiattred residential lots and common lots. Proposed zoning district(s): No zoning district changes are proposed Acres of each zone proposed: Not applicable Type of use proposed (check all that apply): ~ Residential ^ Commercial ^ Office ^ Industrial ^ Other Amenities provided with this development (if applicable): Existing landscape amenities retained Who will own & maintain the pressurized irrigation system in this development? Existing Homeowner's Assn. Which irrigation district does this property lie within? Settler's Primary irrigation source: No change -existing system Secondary: No chance - existin¢ svstem Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) Number of residential units: 38 Number of building lots: 38 Number of common and/or other lots: Proposed number of dwelling units (for multi-family developments only): 1 Bedroom: ~/~ 2 or more Bedrooms: /~'~~ Minimum square footage of structure(s) (excl. garage): /ADO Proposed building height: Minimum property size (s.f): C~DSO Average property size (s.f.): ~L~T~ Gross density (DU/acre-total land): 2 • ~ ~ Net deriSlty (DU/acre-excluding roads & a~llQeys): 3.3 1 Percentage of open space provided: 3e~ • ~ ~O Acreage of open space: ~. ~ tJ Percentage of useable open space: l C5~(r ~O (See Chapter 3, Article''G//, for qualified open space) Type of open space provided in acres (i.e., landscaping, tc, common, etc): 7'• ~~ Type of dwelling(s) proposed: ^~ Single-family ^ Townhomes ^ Duplexes ^Muiti-family Non-residential Project Summary (if applicable) Number of building lots: Other lots: Gross floor area proposed: Existing (if applicable): Hours of operation (days and hours): Building height: Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: Maximum number of employees at any one time: Number and ages of students/children (if applicable): Seating capacity: Total number of parking spaces provided: Number of compact spaces provided: Authorization Print applicant name: Applicant signature: . Date: 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 ~ ~ BRIGHTON INVESTMENTS Apri121, 2011 Anna Canning, Director City of Meridian Planning Department City Hall Subject: Jayker Subdivision Phase 1 Partial Vacation /SpurWing Orchard Re-subdivision Dear Anna, Acting on behalf of Brighton Investments and SWG Brighton, I am submitting companion applications for a Replat of a portion o~vker Subdivision -Phase 1 and vacation of easements for the following, previously platted lots: ^ Block 15 • Lot 1 -Common lot owned by Brighton Investments, LLC • Lots 8 through 15 -Residential lots owned by SWG Brighton LLC ^ Block 16 • Lot 1 -Common lot owned by Brighton Investments, LLC • Lots 2 through 32 -Residential lots owned by Brighton Investments, LLC THE PROTECT Thirty-nine (39) Jayker Phase 1 residential lots will be re-platted as thirty-eight (38) SpurWing Orchard residential lots for a reduction of one. Many lots remain as originally platted; others are modified for greater flexibility in building placement, particularly with the flag lot "quads." Two Jayker common lots (noted above) have been split for re-platting in future SpurWing phases. Specifically, Lot 32, Block 1 and Lot 10, Block 2, will become street ROW, residential lots or common area in subsequent phases. Because the island common lot in Caragana Court is located within ACHD's ROW, it is included in the subdivision as Lot 1, Block 3, without change. LANDSCAPING There will be minor "tweaks" of the already-landscaped common area to match the revised boundaries of "new" Lots 16, 17, 22, 29, 30, and 31, Block 1. There is a reduction of common area of approximately 7,575 sq. ft. (.17 ac.). Even so, landscaped common area, at 4.98 acres, still constitutes 38.4% of the total subdivision. Even though there is no area being added, a new entry feature is being constructed within the existing common area being re-platted as Lot 1, Block 1. Brighton Investments LLC 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 www.bri~htoncorp.com Tel. (208) 378-4000 Fax (208) 377-8962 • Page 2 of 3 04/21/2011 ADA COUNTY HIGHWAY DISTRICT • Already-dedicated street right-of-way is included in the plat to preserve existing ROW property pins. Thus, the Ada County Highway District Commission will sign the plat both, as an owner and as an agency, when the final plat is presented to it for approval. That action has been reviewed and approved by the Ada County Surveyor, and by ACHD's legal counsel and planning and development staff. and there is no impact on the existing ACHD drainage easements in Lot 1, Block 1, and Lots 9 and 10, Block 2. VACATION OF EASEMENTS Re-platting necessitates vacation of specifically-defined pressure irrigation and utility easements located on residential lots and of side-lot-line easements created by original plat note #12. All Jayker Phase 1 easements within the re-plat area are being vacated. Utility and irrigation easements required by the new plat will be re-established by the subdivision final plat as detailed in the attached "Project Description: Re-subdivision of a portion of Jayker Subdivision Phase 1 as SpurWing Orchard." Utility company relinquishments and agreement to accept plat-modified easements are in the process of being secured. Intermountain Gas has provided its approval and, based on discussions with Idaho Power, Qwest and Cable One over the past few days, the remainderare expected next week and will be provided separately. STATEMENT OF CONFORMANCE The proposed final plat conforms with: (1) The approved SpurWing Greens preliminary plat; (2) the use requirements and provisions of the UDC; and (3) acceptable engineering and surveying practices, and local standards. APPLICABLE APPLICATION SpurWing Greens Preliminary Plat: PP-10-001 Finally...the required applications, checklists, exhibits, documentation and fees are provided herewith. Please call if you or your staff have questions-or need additional information. For Brighton Investments and SWG Brighton Michael D. Wardle, Director of Planning Project Description: Re-subdivision of a portion of Jayker Subdivision Phase 1 as Spurwing Orchard April 12, 2011 Jayker Lots Being Vacated /Re-platted ^ Block 15 • Common Lot: Lot 1 • Residential Lots: Lots 8 - 15 ^ Block 16 • Common Lot: Lot 1 • Residential Lots: Lots 2 - 32 ^ Block 17 • Common Lot: Lot 1 "New" Spurwing Re-platted Lots ^ Block 2 • Common Lots: Lots 9 - 10 • Residential Lots: Lots 1- 8 ^ Block 1 • Common Lots: Lots 1 & 32 • Residential Lots: Lots 2 - 31 ^ Block 3 • Common Lot: Lot 1 Easements Re-established by Spurwing Greens Subdivision ^ Ten foot-wide public utility easement (PUE) fronting all public street ROW. ^ The twenty foot-wide common driveway easement (CDE) and six foot-wide public utility easement (PUE) serving "flag" lots are combined into a single 26 foot-wide CDE/PUE at the same location of the original Jayker Subdivision: • Lots 2-3-4-5-6-7-8-9, Block 1 [Former Jayker Lots 2-3-4-5-6-7-8-9, Block l6J • Lots 12-13-14-15, Block 1 [Former Jayker Lots 13-14-15-16, Block 16J • Lots 26-27-28-29, Block 1 [Former Jayker Lots 27-28-29-30, Block l6] • Lots 2-3-4-5, Block 2 [Former Jayker Lots 9-IO-11-l2, Block IS] ^ Specifically-delineated ACl-ID sidewalk and drainage easements and pressure irrigation easements, as depicted on the plat. Vacated Easements Not Re-established by Spurwing Greens Subdivision ^ Twenty foot-wide common driveway easement (CDE) and six foot-wide public utility easement (PUE) serving Jayker "flag" lots 14 and 15, Block 15. The two "flag" lots are replaced by two, street-fronting Spurwing lots, Lots 7-8, Block 2. ^ The "general" five-foot side. lot line easements are replaced by specifically-delineated side- yard easements, where required. ' FtDA COUNTY RECD J DAViD NAVARRO AMOUNT 15.00 5 • BOISE IDAHO 04/15/1~4:26PM ,. DEPUTY Nikola Olson IllllIIIIIIIIIII~III~NII~l~lllllllli~~lll8lll~l~ll(ll ~. RECORDED-REQUEST OF TITLEONE BOISE 110034594 ~:, When recorded, please return to: Brighton Investments, LLC Attention: Amanda K. Schaus 12fi01 w. Explorer Drive, Suite 200 Boise, ID 837'13 A Ic~~cv~~r~ ~r /c.sn SPECIAL WARRANTY DEED (Jayker Subdivision) POR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, SPURWING GREENS, LLC, an Idaho limited liability company (the "Grantor"), whose address is 3405 E. Overland Road, Suite 150, Meridian, Idaho 83642, doss hereby grant, bargain, sell, and convey unto BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company whose address is 12601 W. Explorer Drive, Suite 200, Boise, [daho 83713 ("Grantee"), all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein {the "Premises"). TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever. Grantor does hereby covenant to and with Grantee, that Grantor is the owner in fee simple of the Premises; that the Premises are free from all encumbrances created ar suffered by Grantor, except those made, suffered or done by Grantee, and except (a) general taxes and assessments, including utility assessments for the current year, which are not yet due and payable, and will be prorated between Grantor and Grantee as of the date of execution of this deed; and (b) the easements, rights of way and other matters listed on Exhibit B attached hereto and incorporated herein, and that Grantor will wan-ant and defend the same forever from all other lawful claims. ' [End of Text] SPECIAL WARRANTY DEED -1 OF S • I, ,' I When recorded, please return to: Brighton Investments, LLC Attention: Amanda K. Schaus 12601 W. Explorer Drive, Suite 200 Boise, ID 83713 Recorded Electronically iD 9zF County e{s~ Date ~ Time 4 5impii e.com 800.460.5657 _ A IC?ctU~tt~7 ;'~' ~ILS(J SPECIAL WARRANTY DEED {Jayker Subdivision) FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby -acknowledged, SPURWING GREENS, LLC, an Idaho limited liability company (the "Grantor"), whose address is 3405 E. Overland Road, Suite 150, Meridian, Idaho 83642, does hereby grant, bargain, sell, and convey unto BRIGHTON INVESTMENTS,. LLC, an Idaho limited liability company whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 ("Grantee"}, all of Grantor's right, title and interest in and to that certain real property located in.Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein {the "Premises"}. TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever. Grantor does hereby covenant to and with Grantee, that Grantor is the owner in fee simple of the Premises; that the Premises are free from all encumbrances created or suffered by Grantor, except those made, suffered ar done by Grantee, and except {a} general taxes and assessments, including utility assessments for the current year, which are not yet due and payable, and will be prorated between Grantor and Grantee as of the date of execution of this deed; and (b} the easements, rights of way and other matters listed on Exhibit B attached hereto and incorporated herein, and that Grantor will warrant and defend the same forever from all other lawful claims. (End of Text] SPECIAL WARRANTY DEED -1 OF 5 .. • r' , ` • " IN~WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this %day of April, 2010. GRANTOR: SPURWING GREENS, LLC an Idaho limited liability company By: C~ Name:.. ~'R.ls'm r~ ~! - n,! Title: M~~I~.. M ~~yEl~ State of Idaho ss. County of Ada ) ~~ On this ~ day f April, in the yea of 2010, before me the undersigned notary public, personally a pe ed RJ PH known or identified to me to be the ~t~ ~~tZ.. ~n1A~iJA ~4 ~g of Spu ng Greens LLC, the limited liability company that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liabilit~executPri Chime. `~~~~~`~P~1tN Al.F~~~~''i •.~ ~l ©~`,Q . Ry. ;~ ~, ~$L~C ;~ .9''••.......• .~ ''~~~~~~~~ti~P~o``` SPECIAL WARRANTY DEED - 2 OF 5 • ~. ~ • EXHIBIT A "Premises" Lots 9,10,11,12,13,14,15,16,17,18,19, 20, 21 and 22 in Block 2; Lots 2, 3, 4, 5, fi, 9,10,11,12,13,14,15, 16,17,18,19, 20, 21, 22, 23 and 24 in Block 8; Lofs 3, 4, 5, 6, 7, 8, 9,10,11,12,13,14 and 15 In Block 15; and Lots 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,13,14,15,16,17,18,19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 in Block 16 of Jayker Subdivision -Phase 1, according fo the official plat thereof, filed In Boak 101 of Plats at Pages 13341 through 13352, and as amended by Affidavit recorded January 12, 2009, as instrument No, 109003074, official records of Ada County, Idaho, SPECIAL WARRANTY DEED - 3 OF 5 • BO~~ID~AF1TM009~1091~10~~b3'.30~ NAYARRO A1J10UNT 13.00 2 Wktn recorded, ptensc retara to: ~~ ~E~~ ofa I~~~~~~~N~ggllAAiglqlU~ SWG Brigbtoa LbC TITtEONE H013E 11006x117 Attn: Becky Hanks t260t W. EXplorEr lA'IY.C, .yUtIC iVV QU~TCLAIlV.[ DEED For value received SItXGHTON INVLSTML~AITS, LLC, an Idaho Limited Y,iability Company does hereby convey, release, remise and forever quit claim unto SWG BRIG~I'TON LLC 12b01 W. E~cplarer Drive, Snite 20d Boise, Idaho 83713 the following described premises, to-wit: See Attached "Exhibit A" Subject to all restrictions and covenants pertaining to said subdivision together with their appurtenances. Dated; September 9, 2010 ~ II.TQ INVES'T'MENTS, LLC David . Tnrnhnli, anaging Member sra~ og mAxo ) ):S: Cottnty of Ada ) On this 9s' day of September, 2010, before me, the undersigned, a Notary Public in and for said State, personally appoared DAVID W. TURNBULL, known or ideatifiad to me to be the IvIANACiXNo MEMBER of BRIi3HTON INVESTMENTS, I,LC, an Idabo LImlted Liablllty Company, tho limited liability oompany that executed the foregoing instrument or the per~w>•*lU~lf-~d~the foregoing instzument on behalf of said limited liability company, and acknowledged to ma that such 13~,Ihi~Il y executed the soma. IN ~~~~ ve hereunto set my Isar d affixed my oi~Icial seal die day and year in this certificate fstxt abovo wptten ~o~, Z. ~~~1,~1~'.. ~' ~•~~~ N lie f r 1 b ~•'• 9 T$~'0~ '`~.~ idibg at - ' Idaho ~'~•~~r~„taf~~~ My Commission Bxp' EXHIBIT A "Premises" Lots 5,10,11,12,13,14,15,16,17,19,19, 20, 21 and 22 in Block 2; Lats 2, 3, 4, 5, 6, 9,10,11,12,13,14,15, 16,17,19,19, 20, 21, 22, 23 and 24 to Bbcit 8; Lats 3, 4, 5, 6, 7, 9, 9,.10,11,12,13,14 and 15 in Black 15; end Lois 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,13,14,16,16,17,19,19, 20,21, 22, 23, 24, 26, 26, 27, 28, ~, 3Q 31 and 32 in Block 16 of Jayker Subdivision - Rhass 1, according to the offlctal plat thereof, flied in Book 101 of Fiats at Pages 13341 through 13352, and as emended by Affidavit retarded January 12, 2009, as Instrument 1Vo, 109003074, official records of Ada County, Idaho, ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 16.00 BOISE IDAH010l191 2 46 PM • DEPUTY Vicki Alle~ ~ II l I' II I II'I I'I (II'I I I I' I' II'I I II I'll RECORDED-REQUEST OF 1100'~~3~10 When recorded, please return to: SWO Brighl0n c/o Brighton Corporation 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 SPECIAL WARRANTY DEED (SpurWing Greens) FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged, TREE FARM COMMUNITY ASSOCIATION, INC., an Idaho corporation (the "Grantor"), whose address is 3405 E. Overland Road, Suite 150, Meridian, Idaho 83642, does hereby grant, bargain, sell, and convey unto BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713 ("Grantee"), all of Grantor's right, title and interest in and to that certain real property located in Ada County, Idaho, legally described on Exhibit A, attached hereto and incorporated herein (the "Premises"). TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and Grantee's successors and assigns forever. Grantor does hereby covenant to and with Grantee, that Grantor is the owner in fee simple of the Premises; that the Premises are free from all encumbrances created or suffered by Grantor, except those made, suffered or done by Grantee, and except (a) general taxes and assessments, including utility assessments for the current year, which are not yet due and payable, and will be prorated between Grantor and Grantee as of the date of execution of this deed; (b) any easements, restrictions and conditions of record or shown on the recorded plat, and that Grantor will warrant and defend the same forever from all other lawful claims. [end of text] SPECIAL WARRANTY DEED -1 • • IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this 'day of ~~W` , 201 d . State of Idaho ) -I S.S. County of /~1~ GRANTOR: TREE FARM COMMUNITY ASSOCIATION, INC., an Idaho corporation sy: ~~, Name: CI1-~n~fitlahw ~. Atn~wto~ Title: firt~r` On this ~~ day of ~1~ in the year of . 2010, before me • ~ ~ a notary public, personally appeared tM-- ,known or identified to me to be the of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. •••'tt,~~d~ k p~~.....:.,ti. ~, NoT•~ ~~ ~-G~trt ~, ~~ ~ ~1r~i.D.~ ID~11~a ~~~t~ (~i.~iyr~`~ Notary Public for Idaho My Commission expires /. fit/. ~/ SPECIAL WARRANTY DEED - 2 • . Exhibit A Legal Description Lot 1, Block 2, Lot 1, Block 8, Lot 1, Block Phase 1, according to the official. plat thereof, 13352, and amended by Affidavit recorded official records of Ada County, Idaho. 15, and Lot 1, Block 16 of Jayker Subdivision - filed in Book 101 of Plats at Pages 13341 through January 12, 2009 as Instrument No. 109003074, SPECIAL WARRANTY DEED -EXHIBIT A • AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO) ~/~.~~[~~ ~i18~7! V1 `.~cX~1 1 `~~ f ) ~C--~ct G~DI ll1 ~l ~tl.~ COUNTY OF ADA ) (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: l/ll~~l~ ~ /~t'J~2aC~' iz~©< w. c-~v~e~.~rz ~. •~"z~ (name) .~~~~c- (address) ~~~~~ to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this --7~~day 20~ ignature) SUBSCRIBED AND SWORN to before me the day and REBECCA A. HANKS NOTARY PUBLIC STATE OF IDAHO written. e S (Notary Public for L • Residing at: My Commission Expires: ~~~• / • ~~// SPURWING ORCHARD SUBDIVISION scare: ,° = soo~ VICINITY MAP U.S. HIGHWAY 20 & 26 (W. CHINDEN BLVD.) 0 0 w _J Z W H Z S S s c~ d tl • • • G~ N t~ • y JIHM W2IV~ 332!1 N ~;~ N N ~ ~ _ ~ O y ~ - - d `~ ~ ` m O~ ° 'F° x `'z ~ ~ ~ m~ 2 ~ {a - ~ . OD • ~ ~ m N D '. o '•~.-; , ~~» Cn ~ m , ~ ~ ~. 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McMillan Rd., Ste. 102-248 Boise, Idaho 83713 (208) 376-5000 • Fax (208) 376-5556 Project No. 10-015-01 Date: Apri120, 2011 SPURWING ORCHARD SUBDIVISION FINAL PLAT DESCRIPTION A parcel of land being a resubdivision of a portion of Blocks 15 and 16, and all of Block 17 of Jayker Subdivision -Phase 1, located in the South 1/2 of the SE 1/4 of Section 22, T. 4 N., R. 1 W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the section corner common to Sections 22, 23, 26 and 27 of said T. 4 N., R. 1 W.; Thence North 89° 17'35" West, 1293.74 feet on the section line common to said Sections 22 and 27; Thence leaving said section line, North 00°25'45" East, 100.00 feet to the southeast most corner of Lot 1, Block 16 of Jayker Subdivision -Phase 1, as same is shown on the plat thereof recorded in Book 101 of Plats at Page 13341 of Ada County Records, said point being on the westerly boundary line of Westwing Estates, as same is shown on the plat thereof recorded in Book 70 of Plats at Page 7200 of Ada County Records, said point also being the REAL POINT OF BEGINNING; Thence North 89° 17'35" West, 1318.59 feet on the southerly lot line of Lot 1, Block 16 of said Jayker Subdivision -Phase 1 to the southwest corner of said Lot 1; Thence on the exterior boundary line of Block 16 of said Jayker Subdivision -Phase 1 for the following courses and distances: Thence North 00°30'34" East, 94.40 feet to a point of curve; Thence 73.63 feet on the arc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 16°52'32" and a chord distance of 73.37 feet which bears North 07°55'43" West to a point of reverse curve; Thence 129.77 feet on the arc of a curve to the right, said curve having a radius of 165.00 feet, a central angle of 45°03'49" and a chord distance of 126.45 feet which bears North 06°09'56" East; Thence North 28°41'50" East, 83.39 feet to a point of curve; Thence 213.02 feet on the arc of a curve to the left, said curve having a radius of 538.05 feet, a central angle of 22°41'04" and a chord distance of 211.63 feet which bears North 17°21'18" East to a point of reverse curve; Spurwing Orchard Final Plat Desc.doc Page 1 of 5 • Thence 44.50 feet on the arc of a curve to the right, said curve having a radius of 30.00 feet, a central angle of 84°59'19" and a chord distance of 40.53 feet which beazs North 48°30'26" East; Thence South 89°02' 13" East, 53.98 feet to a point of curve; Thence 118.75 feet on the arc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 27°12'57" and a chord distance of 117.64 feet which bears North 77°21' 19" East to a point of reverse curve; Thence 21.15 feet on the azc of a curve to the right, said curve having a radius of 15.00 feet, a central angle of 80°46' 16" and a chord distance of 19.44 feet which beazs South 75°52'02" East; Thence South 35°28'54" East, 75.56 feet to a point of curve; Thence 83.93 feet on the arc of a curve to the right, said curve having a radius of 152.50 feet, a central angle of 31°32'06" and a chord distance of 82.88 feet which beazs South 19°42'50" East; Thence South 03°56'47" East, 126.84 feet; Thence leaving the exterior boundary line of Block 16 of said Jayker Subdivision, North 86°03'13" East, 55.00 feet to the southwesterly most lot corner of Lot 7, Block 15 of said Jayker Subdivision, said point being on the easterly right-of--way line of North Lonicera Way; Thence on the exterior lot line of Lot 1, Block 15 of said Jayker Subdivision for the following courses and distances: Thence South 54°27'50" East, 70.88 feet; Thence North 80°32' 10" East, 14.14 feet; Thence North 35°32'10" East, 110.00 feet; Thence South 54°27'50" East, 1.00 feet; Thence North 35°32'10" East, 60.00 feet; Thence North 54°27'50" West, 20.00 feet; Thence North 35°32'10" East, 60.00 feet; Thence North 52°05'15" West, 110.09 feet; Thence North 54°27'50" West, 71.00 feet; Thence North 35°32'10" East, 15.16 feet; Spurwing Orchard Final Plat Desc.doc Page 2 of 5 Thence North 54°27'50" West, 60.00 feet; Thence South 35°32'10" West, 95.55 feet; Thence North 35°28'54" West, 69.41 feet to a point of curve; Thence 21.15 feet on the azc of a curve to the right, said curve having a radius of 15.00 feet, a central angle of 80°46' 16" and a chord distance of 19.44 feet which bears North 04°54'15" East to a point of reverse curve; Thence 69.64 feet on the azc of a curve to the left, said curve having a radius of 250.00 feet, a central angle of 15°57'34" and a chord distance of 69.41 feet which bears North 37°18'36" East; Thence North 29° 19'49" East, 201.14 feet to a point of curve; Thence 219.19 feet on the azc of a curve to the right, said curve having a radius of 580.00 feet, a central angle of 21°39'09" and a chord distance of 217.88 feet which beazs North 40°09'23" East; Thence North 50°58'58" East, 17.50 feet to a point of curve; Thence 23.3 8 feet on the arc of a curve to the right, said curve having a radius of 15.00 feet, a central angle of 89° 18' 19" and a chord distance of 21.08 feet which bears South 84°21'53" East; Thence South 39°42'43" East, 5.18 feet; Thence South 50°58'58" West, 32.56 feet to a point of curve; Thence 131.16 feet on the azc of a curve to the left, said curve having a radius of 560.00 feet, a central angle of 13°25'09" and a chord distance of 130.86 feet which bears South 44°16'23" West; Thence South 31°49'33" West, 116.48 feet; Thence South 58°10'27" East, 11.39 feet; Thence South 31°49'33" West, 60.00 feet; Thence South 58°10'27" East, 20.00 feet; Thence South 31°49'33" West, 60.00 feet; Thence South 58°10'27" East, 110.00 feet; Thence South 13°56'12" West, 42.27 feet; Spurwing Orchard Final Plat Desc.doc Page 3 of 5 Thence South 58°10'27" East, 52.02 feet; Thence South 31°49'33" West, 22.04 feet; Thence South 58°10'27" East, 120.00 feet; Thence North 31°49'33" East, 10.00 feet; Thence South 56°22'03" East, 50.63 feet; Thence North 53°59'56" East, 111.34 feet; Thence South 51°13'31" East, 24.88 feet; Thence North 38°46'29" East, 66.89 feet; Thence South 51 ° 13'31 " East, 15.64 feet; Thence South 82°44'16" East, 82.12 feet; • Thence South 75°09'10" East, 128.27 feet to a point of curve; Thence 51.86 feet on the arc of a curve to the right, said curve having a radius of 197.50 feet, a central angle of 15°02'46" and a chord distance of 51.72 feet which bears South 48°23'26" West; Thence South 55°54'49" West, 29.98 feet; Thence South 34°05'11" East, 55.00 feet; Thence South 55°54'49" West, 37.41 feet; Thence South 00°42'25" West, 47.74 feet; Thence North 89° 17'35" West, 30.26 feet; Thence South 00°42'25" West, 55.00 feet; Thence North 89°17'35" West, 8.07 feet; Thence South 00°42'25" West, 110.00 feet; Thence North 89° 17'35" West, 45.70 feet; Thence South 00°42'25" West, 55.00 feet; Thence South 89°17'35" East, 14.18 feet; Spurwing Orchard Final Plat Desc.doc Page 4 of 5 • • Thence South 00°42'25" West, 50.00 feet; Thence North 89°i7'35" West, 10.13 feet; Thence South 00°42'25" West, 90.00 feet; Thence South 89°17'35" East, 357.04 feet to a point on the westerly boundary line of said Westwing Estates; Thence South 00°25'45" West, 45.00 feet on the westerly boundary line of said Westwing Estates to the real point of beginning. Said pazcel contains 12.98 acres more or less. .West, LLC James R Washburn, PLS Spurwing Orchard Final Plat Desc.doc Page 5 of 5 PREPARED BY: • CITY OF MERIDIAN PRE-APPLICATION MEETING NOTES C' ~ ~PW~ Project/Subdivision Name: Svu~w~.~u ~len_.~.s Date: 2- ~! )o Applicant(s)/Contact(s): M; ~ LQ ~~ S~,.~ ~~~ City Staff: P~ ~ { ~, ll Location: N s,~' ~~..•-~le..~ Comprehensive Plan Future Land Use Map Designation: M .1; w,. ~ : ~, /~s; d1,....~s J Size of Property: Design Guidelines Development Context: ~//~ Proposed Use: 2~ s~~,a J Proposed Zoning: n/A: • Existing Use: Ih ~~f Existing Zoning: k- ~' ~ ~-rS Surrounding Uses: ,4~ , i~,~9 a- ~ P s~,9,.,,,,,~,Q J Street Buffer(s) and/or~.and Use Buffer(s): n~A Open Space/Amenities/Pathways: __,~ ~ Access/Stub StreetslStreet System: ~~ Sewer & Water Service: .~ ~ Topography/Hydrology/Floodplain Canals/Ditches/Irrigation/Hazards: History: S ur ~v; r ~ ~ Additional Meeting Not ~ i2P Tit Lt Issues: NA i/A ~. Other AgencieslDepartments to Contact: ^ Ada County Highway District ^ ^ Idaho Transportation Department ^ ^ Sanitary Services Company ^ ^ Central District. Health Department ^ Application(s) Required: ^ Administrative Design Review ^ ^ Alternative Compliance ^ ^ Annexation ^ ^ City Council Review ^ ^ Comprehensive Plan Amendment -Map ^ ^ Comprehensive Plan Amendment- Text ^ ^ Conditional Use Permit ^ Nampa Meridian Irrigation District Settler's Irrigation District Police Department Fire Department Conditional Use Permit ModificationlTransfer Development Agreement Modification Final Plat Final Plat Modification Planned Unit Development Preliminary Plat Private Street ~e Public Works Department 5k~~,~,,~,^~E Building Department .~~ ~~ its Parks Department reP~~~` Other. Short Plat Time Extension -Council UDC Text Amendment Vacation ~'Sg9. o0 Variance Other PEA - ~3~5• o0 Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11-5A-5C prior fo submittal of an application requiring a public hearing (except for a, vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11-5A-5D.3 (except for UDC Text amendments, Comp Plan text amendments, and vacations). The infonnation provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre-application meeting shall be valid for four (4) months. • INTERMOUNTAIN GAS COMPANY A Subsidiary of MDU Resources Group, Inc. 555 SOUTH COLE ROAD • P.O. BOX 7608 • BOISE, ID 83707-1608 (208)377-6000 • FAX (208)377-6867 www.intgas.com March 30, 2011 Brighton Corporation Michael Wardle 12601 W Explorer Dr Suite 200 Boise, ID 83713 RE: Vacation of a portion of Jayker Subdivision Phase I Mr. Michael Wardle, Enclosed is the signed relinquish of easement for Jayker Subdivision. Intermountain Gas agrees to the vacated easements as well as the proposed modifications to SpurWing Greens Subdivision. If there are any questions call Mishelle Singleton at 377-6863. Sincerely, Mishelle Singleton GIS Field Tech Intermountain Gas Company • PARTIAL EASEMENT VACATION Intermountain Gas Company relinquishes any and all of their rights to the following described easement. The easements created by the Jayker Subdivision plat along with re-establishing easements required to serve SpurWing Greens Subdivision. See attached proposed revised easements for SpurWing Greens Subdivision. INTERMOUNTAIN GAS COMPANY By: ~ Name:~a~2 ~.~~,,~~ Title~~~' OAS ~~~w.~.z STATE OF IDAHO ) COUNTY OF ~ ~ ~, ) On this~day of c~<<:,\„ , in the year of 20 \1 ,before me, the undersigned, personally appeared ~2 ~ ~; Ph~~\~~ Qs ,known to me to be the person whose name is subscribed to the within instrument, who, being by me first duly sworn, did depose and say that he is CJ -,,5~ , b Q s~ ~ of Intermountain Gas Company and the he executed the foregoing instrument on behalf of said firm for the use and purposes stated therein. IN WITNESS WHEREOF, I have se my hand and affixed my official seal the day and year in this certificate first above written. ~~.~`~~ ~ S I N C~ ~s~'•. `.~` ;~`~ .••••••••.; ~Ta%, Notary Public for Idaho ~ ; ~' ~ ~,~ ~ * Residing at: ~ u ~ c, `~, a A~ o • ~ ~ ~' ~' ~ ~ t3 ~ ~ : ~ `, ' Commission Expires: n~ - a.~ • ~ O 1 S '•. f~ ~'. .• ,~ ,,,`,, ~~•Ir1uu-~ ,,,,`,, • ~~~ ~ The C?NE ybu count an Apri12151 , 2011 Brighton Corporation 12601 W. Explorer Dr, Suite 200 Boise, Id. 83713 208-378-4000 ATTN.: Michael D. Wardle RE: Spurwing Green Estates - N. Jayker Way relocate per re-platting. Dear Michael, • 2101 E. Karcher RD Nampa, Idaho 83687 PH: 208-455-5555 FX: 208-454-3065 This letter is in response to the relinquishment of easements to be vacated per re-platting of a portion of Jayker Subdivision under the name of Spurwing Greens Sub. Cable One will not have any objections to the vacated easement per new easement provided for relocated facilities and relocate costs reimbursed to Cable One per requestor. If there are any further questions please contact me at 208-573-6011. Sincerely, Ramiro Espinoza System Technician /Joint Use Coordinator Cable One, Inc. West Valley System 208-573-6011 ramiro.espinoza@ cableone.biz Qwest Spirit of Service" 3110 Commercial Wy Caldwell, ID 83605 (208)454-4039 Apri126, 2011 Cindi Davis Sr Design Engineer 3110 Commercial Way Caldwell, ID 83605 Phone: 208-454-4039 RE: Easement vacation request Jayker Subdivision Phase 1 To Whom it May Concern: Easement vacations have been requested to Qwest in the Jayker Subdivision Phase 1 at several locations within the development due to lot line adjustments and by the proposed Spur Wing Orchard Subdivision and will be referred to individually below. • In Block 1 (Spur Wing Orchard)- The request is to adjust the common driveway easements and public utility easements associated with them within Lots 6-9, Lots 12-15 & Lots 26-29. Qwest does have facilities within these easements which will require relocation. Reimbursement costs for facility relocation are pending submittance to the developer. Qwest will agree to the easement vacation with the receipt of payment and relocation of said facilities. • In Block 2 (Spur Wing Orchard)- The request is to adjust the common driveway easements and public utility easements associated with them within Lots 2-4 & Lot 7. Qwest does have facilities within these easements which will require relocation. Reimbursement costs for facility relocation are pending submittance to the developer. Qwest will agree to the easement vacation with the receipt of payment and relocation of said facilities. • In Block 4 (Jayker -Phase 1) -The lot line adjustment of Lot 2, 3 & 4- Qwest has facilities along the 10' utility easement adjacent to W Greenspire Dr. Reimbursement costs for facility relocation are pending submittance to the developer. Qwest will agree to the easement vacation with the receipt of payment and relocation of said facilities. Sincerely Cindi Davis Qwest Sr Dsgn Eng ' • • ADA COUNTY RECORDER Chriaropher D. Rlch AMOUNT 18.00 ; BOISE IDAHO 04127111 08:53 AM DEPUTY Vicki Allen RECORDED-RE4UEST OF III I'fl~lll'll I Idaho Power i 1103496 ~'® An IDACORP Company IDAHO POWER COMPANY Partial Release of Easement WHEREAS, by subdivision plat recorded in Plat Book 101, on Pages 13343-13352 as Instrument Number 108098133 ~in the records of Ada County, State of Idaho, Jayker Subdivision Phase 1 granted to IDAHO POWER COMPANY an easement (the "Easement") for the construction, operation and maintenance of certain power line facilities upon the following premises located in Ada County, State of Idaho, to-wit: Jayker Subdivision, Phase 1 - a Parcel of land situated in Section 22, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho 2008. AND, WHEREAS, it is no longer necessary or desirable that a certain portion of the Easement be retained. NOW, THEREFORE, in consideration of the premises, IDAHO POWER COMPANY does hereby release and abandon that certain portion of the Easement over the following described lands: The twenty foot (20) Common Lot 1 easement, Block 1 S and the ten foot (10) public utility easements referenced in the legend of the Jayker Subdivision Phase 1 plat, which are located on lots 8-15, Block IS and which are common to the road right of way of North Saliva Way; and also the twenty foot (20) Common Lot 1 easement, Block 16 and the ten foot (10 public utility easements reference in the legend of Jayker Subdivision Phase 1 plat which are located on Lots 2-32, Block 16, and which are common to the road right of way of West Caragana Court and North Saliva Way; and also the twenty foot (20) Common Lot 1 easement, Block 17 of Jayker Subdivision Phase 1 plat; and also the six foot (6) wide public utility easement (PUE) located in Lots 14 and 1 S, Block 1 S of Jayker Subdivision Phase 1 plat. Any expense incurred by the relocation of existing facilities will be the responsibility of the property owner. This partial release of easement only becomes effective upon the recordation of an amended plat of Jayker Subdivision Phase 1. • • Partial Release of Easement Jayker Subdivision Phase 1 Page 2 of 3 ALL RIGHTS and privileges under the above-described document in and to the remaining lands covered by the Easement and any and all prescriptive or other rights the Grantee has acquired through occupancy and use over time of said remaining lands shall remain and continue in the Grantee and shall not be affected in any way hereby. [Signature Appears on Next Page] {r 1. 2 • • Partial Release of Easement Jayker Subdivision Phase 1 Page 3 of 3 IN WITNESS WHEREOF, IDAHO POWER COMPANY has caused these presents to be executed by its proper officers thereunto duly authorized this 19th day of April, 2011. Inert sy: STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 19th day of April, 2011, before me Tracy Morrison, a Notary Public, personally appeared Scott Johnson, Right-of--Way Leader of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same as the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. s~~4 C ~'~' fL) ~ G ,. pOTgRr `r~ No y Public •~.. Residing at: A `A>- UBLIC My Commission Expires on: /~ ~ ~5 9 p ~•~ 4F ID ~'~ Scott Johnson, Right-of--Way Leader n L_J ~~ ~~ N m ~a3 ~ gm ~. n ~^ 2~ C v ~~ m 3 '.. ~~7H ~0 0 o~3N3 n m ~3 _ ~ ~ ~Z~a~ m° ~~'go m n y ~ m °p~ ~' ~Am ~ ' -. .-=. o y~ m o o~ _ s 3~~a ~~20' how ,~m„~ .. 3 c T m ~ g ~ ~. £ C ~ 3~i~ 'tea $ m '7 n - '',~ o y, v B. ~z A; 0 D m ~ o ,.., o ~d w N z ° ~~ • L C