Regency at River Valley Bldg H & Garages 7 & 8btr w
CERTIFICATE OF ZONING COMPLIANCE REPORT
DATE: February 28, 2012 E IDIAN t-,
TO: Bach Investments, LLC 1 D O
FROM: Sonya Watters, Associate City Planner
SUBJECT: Regency at River Valley — Building H & Garages 7 & 8 (CZC-11-073)
OWNER: The Regency at River Valley, LLC
DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Bach Investments, LLC, requests Certificate of Zoning Compliance (CZC) approval of a
32 -unit apartment building & two garages (depicted on the site plan as Building H & Garages 7 & 8) and
associated improvements at The Regency at River Valley multi -family development in an R-40 zoning
district. These buildings are shown on the phasing plan as being constructed in Phase 4.
The site is generally located east of N. Eagle Road and'/2 mile north of E. Fairview Avenue at 3400
E. River Valley Street.
A CZC (CZC-11-025) for the overall site layout and design review (DES -11-011) of the site layout & all
future buildings for this project were approved on November 16, 2011. Future buildings were required to
obtain separate CZC approval for occupancy purposes.
DECISION
The applicant's request for CZC is approved with the conditions listed in this report.
Note: This is not a building permit. Please contact Building Services at (208) 887-2211 to verify if you
need a building permit and/or inspection. If you do need a building permit, you must complete that
process before you commence the use or construction. As part of the application submittal, you will
need to provide two sets of the final, stamped "approved" Planning Department plans. You must
provide these plans in PDF format and hardcopy as specified in the Building Services "Plan Intake
Checklist" and include them with your building submittal set. Please contact Building Services for
additional details about building permits and inspections.
Process Conditions of Approval
1. The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C.
2. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A.
3. The site plan prepared by R. Scott Stanfield (stamped & signed on 10/11/11) labeled Sheet 1 of 1,
is approved (stamped "approved" on February 28, 2012 by the City of Meridian Planning
Department) with no changes.
4. The landscape plan prepared by Lars Anderson Designs, dated May & September 2011, labeled
LS -1, LS -14 & LS -18, is approved (stamped "approved" on February 28, 2012 by the City of
Meridian Planning Department) with no changes.
5. The elevations prepared by Tuttle and Associates, Inc. on June 3, and September 23, 2011,
labeled A-102.30, A-102.32, and A-201.02, are approved (stamped "approved" on February 28,
2012 by the City of Meridian Planning Department) with no changes.
Conditions Document 1 Regency at River Valley CZC-11-073
6. The approved site plan, landscape plan and/or elevations may not be altered without prior written
approval of the City of Meridian Planning Department.
7. The applicant shall pay any applicable impact fees prior to the issuance of a building permit.
8. If any changes must be made to the site plan to accommodate ACRD requirements, the applicant
shall submit a new site plan to the City of Meridian Planning Department for approval prior to
issuance of the building permit.
9. The applicant shall complete all required improvements associated with this CZC prior to
issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure
until the Building Official has issued a Certificate of Occupancy.
Ongoing Conditions of Approval
1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets
the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth
in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14.
2. The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ -08-003; CUP -08-004; VAR -08-002; TE -09-021;
MCU -10-001; MDA -10-008; CZC-11-025; DES -11-011).
3. The issuance of this CZC does not release the applicant from any previous requirements of the
other permits issued for the site.
4. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a
minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the
area.
5. The applicant and/or assigns shall have the continuing obligation to meet the specific use
standards for the proposed use as set forth in UDC 11-4-3-27 for multi -family developments.
CITY COUNCIL REVIEW
The applicant or a party of record may request City Council review of a decision of the Director. All
requests for review shall be filed in writing with the Planning Department on or before March 14, 2012,
within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-
5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a final
decision on a land use application. You have the right to request a regulatory taking analysis under
Idaho Code 67-8003.
EXPIRATION
Certificates of Zoning Compliance issued in conjunction with a proposed use shall expire if said use has
not commenced within one year of the date of issuance of the Certificate of Zoning Compliance.
Certificates of Zoning Compliance issued in conjunction with construction or alteration of a
structure shall expire if said construction or alteration has not commenced within one year of the
date of issuance of the Certificate of Zoning Compliance.
In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until February
28, 2013.
Conditions Document 2 Regency at River Valley CZC-11-073
EXHIBITS
A. Vicinity Map
B. Site Plan (dated: 10/11/2011)
C. Landscape Plan (dated: May & September 2011)
D. Building Elevations (dated: June 3, and September 23, 2011)
Conditions Document 3 Regency at River Valley CZC-11-073
A. Vicinity Map
Conditions Document 3 Regency at River Valley CZC-11-073
B. Site Plan (dated: 10/11/11)
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D. Building Elevations (dated: June 3, and September 23, 2011)
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E IDIAM
1 lJC� l -i r.3
)e of Review Requested (check all that
Planning Department
ADMINISTRATIVE REVIEW APPLICATION
❑ Accessory Usey� g
❑ Alternative Compliance Q
® Certificate of Zoning Compliance
❑ Certificate of Zoning Compliance Verification K\cj i
❑ Conditional Use Permit Minor Modification fit?
❑ Design Review
❑ .Private Street
❑ Property Boundary Adjustment
❑ Time Extension (Director)
❑ Vacation
❑ Other
JSE ONLY:
G
ate:
�S
Applicant Information
Applicant name: Bach Investments, LLC Phone: 801.567.3008
Applicant address: 11650 South State Street #300 Draper, Utah
Applicant's interest in property: [@ Own ❑ Rent ❑ Optioned ❑ Other
Owner name: The Regency at River Valley, LLC
Owner address: 11650 South State Street #300 Draper, Utah
Zip:
84020
Phone:
801.567.3008
Zip:
84020
Agent name (e.g., architect, engineer, developer, representative): Randy Rindlisbacher / Representative
Firm name: Bach Investments LLC Phone: 801.567.3008
Address: 11650 South State Street #300 Draper, Utah Zip: 84020
Primary contact is: ® Applicant [:]Owner ❑ Agent [:]Other
Contact name: Randy Rindlisbacher
E-mail: randyrCMbachhomes.net
Subject Property Information
Location/street address: 3400 E. River Valley Street, Meridian, Idaho 83646
Assessor's parcel number(s)
S1104233914 and # S1104233920
Township, range, section: T3N, R1 E, SEC4
Current land use: Vacant
Total acreage:
10.56
Current zoning district:
Phone: 801.567.3008
Fax:
RUT
33 E. Broadway Avenue, Suite 21.0 • .Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
I (Reis. 11/4108)
'Project Description
Project/subdivision name: The Regency at River Valley - CZC #4
General description of proposed project/request: Building H and Garages #7 & #8
Proposed zoning district(s):
Acres of each zone proposed: 10.56
Type of use proposed (check all that apply):
® Residential ❑ Commercial ❑ Office ❑ Industrial ❑ Other
Amenities provided with this development (if applicable):
Who will own & maintain the pressurized irrigation system in this development? The Regency at River Valley, LLC
Which irrigation district does this property lie within? NMID
Primary irrigation source: Stokesberry Lateral I Secondary: Red Feather
Square footage of landscaped areas to be irrigated (if primary or secondary point ofconnection is City water):
Residential Project Summary (if applicable)
Number of residential units: 32 Number of building lots:
Number of common and/or other lots: N/A
Proposed number of dwelling units (for multi -family developments only):
1 Bedroom: 4 2 or more Bedrooms
Minimum square footage of structure(s) (excl. garage):
Minimum property size (s..t): N/A
Gross density (DU/acre-total land): N/A
Percentage of open space provided:
N/A
M
Proposed building height:
Average property size (s.f.): N/A
Net density (DU/acre-excluding roads & alleys): N/A
Acreage of open space: N/A
Percentage of useable open space: N/A (See Chapter 3, Article G, for qualified open space)
Type of open space provided in acres (i.e., landscaping, public, common, etc): N/A
Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑Duplexes MMulti-family
Non-residential Project Summary (if applicable)
Number of building lots: Other lots:
Gross floor area proposed:
Hours of operation (days and hours):
Percentage of site/project devoted to the following:
Landscaping: Building:
Existing (if applicable):
Building height:
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: Bach Investments, LC by Randy L. Rindlisbacher
Applicant signature: Date:
E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
2
NARRATIVE FOR
CZC - 4
of The Regency at River Valley Apartment Community
We are requesting approval of the Certificate of Zoning Compliance in order to proceed
with construction of the Regency at River Valley Apartment project as described below:
LOCATION:
3400 East River Valley Street in Meridian, east of and adjacent to N. Eagle Road, south of
Ustick Road and north of and adjacent to the future extension of E. River Valley Road.
DESCRIPTION:
CZC — 4 of The Regency at River Valley Apartment Community is a project that will
consist of the following:
• Building "H" - 32 apartment dwelling units
• Garage #7 and #8 — 6 garage units
• Landscaping around building "H"
Elevations are consistent with that which was included with the design review application.
APPROVALS:
Below is a list of approvals and amendments in chronological order as received by
Meridian City:
AZ -08-003; CUP -08-004; VAR -08-002; TE -09-021; MDA -10-008; MCU -10-001; PS -08-
004
Sincer ,
V
Greg indlisacher
The Regency at River Valley, LLC
Managing Member
Developed and Built by:
Bach Investments
E IDIAN--
1DANo
PW 100 FORM
Date: 5/20/11
Meridian Development Services
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
Ph: (206) 887-2211.
Fax: (208) 887-1297'
www. meridiancity.org!
The following property has been researched by The City of Meridian Public Works
Department.
Project Name: REGENCY @ RIVER VALLEY
Address: 3400 E. River Valley St.
Zip Code: 83646
Note: Entrance to apartment complex located approximately
630' east of N. Eagle Rd.
Leasing office & clubhouse to be assigned main address of
3400 E. River Valley St. Apartment buildings to carry same
address with building letters and apartment numbers added.
(ie 3400 E. River Valley St., A-101, Meridian, ID 83646)
Apartment buildings will be labeled A -H.
1) The address has been assigned based on available information.
This address should be considered temporary (Development
process has not been completed, so the address may change)
2) This address will be required to connect to municipal services.
X_ Water and Sewer mains are available for connection to the
Municipal System.
This property does not currently have services available.
(Development process has not been completed)
3) This is an existing structure that is connected to municipal services.
EACH SET OF PLANS WILL BE REQUIRED TO CLEARLY REFLECT THE CORRECT
ADDRESS AND SUITE NUMBER (IF APPLICABLE).
Terri Ricks
Land Development Services
tricks@meridiancity.org
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Page 1 of 2
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Sonya Watters
From: Sonya Watters
Sent: Friday, December 23, 2011 12:50 PM
To: 'Randy Rindlisbacher'
Subject: Regency
I've reviewed the CZC applications you submitted & need the following additional copies: (the # of.plans is
in parenthesis)
dg. F
UI)Elevations: A-201.05 (3)
Landscape plan: LS -1 (3); LS -10, LS -11, and LS -18 (1)
Bldg. C
�evations: A-201.03 (3); A-102.31 (2)
Landscape plans: LS -1 (3); LS -5, LS -6, and LS -18 (1)
Bldg. D
�E(evations: A-102.40, A-201.02, and A-102.31 (3)
Landscape plans: LS -1 (3); LS -7, LS -8, LS -18 (1)
Bldg. E
VETevations: A-201.04 (3)
Landscape plans: LS -1 (3); LS -9, LS -10, LS -14, and LS -18 (1)
Clubhouse
evations: A-201.20; A-201.21 (3)
Landscape plans: LS -1 (3); LS -2, LS -13, LS -15, LS -16, LS -17, LS -18 (1)
Blev B
levations: A-102.31 & A-201.02 (3)
Landscape plans: LS -1 (3); LS -4 & LS -19 (1)
Bldg. G A�- Le
Elevations: A-102.31 &A-201.04 (3)
Landscape plans: LS -1 (3); LS -12, LS -13, & LS -18 (1)
Swimming pool, hot tub, gazebos & pool house
pL ations: Al 02.60 & A-102.70 (3)
Landscape plans: LS -1 (3); LS -2 & LS -18 (1)
Building H -*'}
Elevations: A-102.30, A-102.32, & A-201.02 (3)
Landscape plans: LS -1 (3); LS -14 & LS -18 (1)
Building A -# 3
Elev tions: A-102.30 & A-201.01 (3)
4vanscape plans: LS -1 (3); LS -3 & LS -18 (1)
'tapprove the CZC's (#3, #4 & #6�that have garages that encroach within NMID's easement until I
a copy of the recorded license agreement allowing the encroachments. Also, please submit a letter
df final approval for relocation of the Downey/Stokesberry Sublateral and easement.
The other CZC's are ready to be issued once I get the additional plans.
12/23/2011
(- - Page 2 of 2
If you have any questions, please let me know.
Thanks,
sowea Watters
Planning Department
CITY OF MERIDIAN
33 E. Broadway Avenue, Ste. 210
Meridian, ID 83642
208-884-5533 phone/ 208-888-6854 fax
12/23/2011
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14
BOISE IDAHO 02109112 10:02 AM
DEPUTY BonnieOberbillig III IIII'I'IIIIIIIIIIIIIIILIIIIIIIIIII
RECORDED—REOUEST OF 112012156
Nampa Meridian Irrigation Dist
LICENSE AGREEMENT 7
This LICENSE AGREEMENT, is. made and entered into this le day of 2011,
by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district on A nized and
existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to
as the "District". and
THE REGENCY AT RIVER VALLEY, LLC,
11650 S. State, Suite 300, Draper, Utah 84020
hereinafter referred to as the "Licensee",
WITNESSETH:
WHEREAS, the District owns the irrigation ditches or canals known as the STOKESBERRY
LATERAL and FINCH LATERAL (hereinafter sometiines collectively referred to as "ditch or canal"), an
integral part of the irrigation works and system ofthe District, together with the easement therefor to convey
irrigation water, to operate, clean, maintain, and repair the ditch or canal, and to access the ditch or canal for
those purposes; and,
WHEREAS, the District operates, cleans, maintains, repairs and protects the ditch or canal for the
benefit of District landowners; and,
WHEREAS, the Licensee is the owner of of real property that is servient to the District's ditch or
canal and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as
Exhibit A and by this reference made a part hereof; and,
WHEREAS, the ditch or canal crosses and intersects the real property described in Exhibit A as
shown on Exhibit B, attached hereto and by this reference made a part hereof; and,
WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or
canal and/or the District's easement under the teens and conditions of this License Agreement
NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
A. Acknowledgment of the District's Easement.
I . Licensee acknowledges that the District's easement for the Stokesberry Lateral and Finch
Lateral includes a sufficient area of land'to convey irrigation water, to operate, clean, maintain and repair
the flitch or canal, and to access the ditch or canal for said purposes, and is a minimmn of 40 feet, 20 feet on
either side of the centerline for the Stokesberry Lateral and is a minimum of 80 feet, 40 feet on either side
of the centerline for the Finch Lateral.
LICENSE AGREEMENT - 1
B. Scope of License
I . The Licensee shall have the rightto modify the ditch or canal or encroach upon the District's
easement along the ditch.or canal in the manner described in the "Purpose of License" attached hereto as
Exhibit C and by this reference made a part hereof.
2. Any crossing, encroachmeat upon or modification ofthe ditch or canal and/or the District's
easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit
D, attached hereto and by this reference made a part hereof Any difference or discrepancy between the
items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to
Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon
or modify the ditch or canal and/or the District's easement as described in Exhibit C even if any plans or
drawings referenced or attached to Exhibit D provide or show otherwise.
3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or
modification ofthe ditch or canal and/orthe District's easement far the proposes and in the manner described
herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or
landscaping within the District's easement, nor perform any construction or activity within the District's
easement for the ditch or canal except as referred to in this License Agreement without the prior written
consent of the District.
11 4. The Licensee recognizes and acknowledges that tile license granted this License Agreement
pertains only to the rights of the District as owner of an easement. The District has no right or power to
create rights in the Licensee affecting the holder of title to the property subject to the District's easement.
Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property.
Should Licensee fail to obtain such rights from the holder oftitleto the property or should the rights obtained
prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District from any claim
by any patty arising out of or related to such failure of rights and at the option of the District this License
Agreement shall be of no force and effect.
C. Facility Construction, Operation, Maintenance and Repair
I. Liceiiseea.-reestliattliewoi-kperfoi-jued and the materials used in anyconstruction permitted
by this License Agreement shall at all times be subject to inspection by the District and the District's
engineers, and thatfinal acceptance of the such work shall not be made until all such work and materials shall
have been expressly approved by the District. Such approval by the District shall not be unreasonably
withheld.
2. Each facility ("facility" as used in this License Agreement means any object or thing
installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, installed,
operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee.
3. Licensee agrees to construct, install, operate, maintain and repair each fac ility and conduct
its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
LICENSE AGREEMENT - 2
b. an interruption or interference with the flow of irrigation water in the ditch
or canal or the District's delivery of irrigation water;
C. an increase in seepage or any other increase in the loss of water from the ditch,
d. the subsidence of soil within or adjacent to the easement;
e. an interference with the 'District's use of its easement to access, operate, clean,
maintain, and repair the ditch or canal;
f. any other damage to the District's easement and irrigation works.
4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims
for damages arising out of any of the Licensee's construction or activity which constitutes or causes any of
the circumstances enumerated in the preceding paragraph, 3.a. through 31, or any other damage to the
easement and irrigation works which may be caused by the construction, installation, operation, maintenance,
repair, and any use or condition of any facility.
5. The Licensee shall, upon demand ofthe District, remove any facility or repair any alteration
ofthe District's easementwhich interferes with the District's operation and maintenance ofthe ditch or canal,
or causes or contributes to any ofthe circumstances enumerated in the preceding paragraph, 3.a. through 3.f,
or any other damage to the easement and irrigation works. The District shall give reasonable notice to the
Licensee, and shall allow the Licensee a reasonable period oftime to perform such maintenance, repair, and
other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable
under the circumstances. The District reserves the right to perform any and all work which the Licensee fails
or refuses to perform within a reasonable period oftime after demand by the District. The Licensee agrees
to pay to the District, on demand, the costs which shall be reasonably expended by the District for such
purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any
third party against the District for failure to exercise the options stated in this paragraph, and the Licensee
shall indemnify, hold harmless and defend the District from any claims made against the District arising out
of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably
exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely
out of the negligence or fault of the District.
D. District's Rights Are Paramount
I. The Licensee understands and agrees that the ditch or canal is a manmade channel that was
constructed and is used and maintained by the District for the exclusive purpose ofconveying irrigation water
to lands within the District. As such, Licensee further acknowledges and agrees that the ditch or canal does
not constitute a natural or navigable watercourse or stream.
2. The parties hereto understand and agree thatthe District has no right in any respect to impair
the uses and purposes of the irrigation works and system of the District by this License Agreement, nor to
grant any rights in its irrigation works and system incompatible with the uses to which such irrigation works
and system are devoted and dedicated and that this contract shall be at all times construed according to such
principles.
3. Nothing herein contained shall be construed to impair the ditch or canal or the District's
easement, and all construction and use of the District's easement by the Licensee and the license herein
LICENSE AGREEMENT - 3
provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or
canal for the transmission and delivery of irrigation water.
4. The Licensee agrees that the District shall not be liable for any damages which shall occur
to any facility in the reasonable exercise of the rights of the District in the course of performance of
maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said
easement areas when the use of the easement areas is required by the District for maintenance or repair under
this or any other paragraph of this License Agreement.
5. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms
and conditions of this License Agreement, the license of the Licensee under the terms hereof may be
terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch,
and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or
canal by the District with its equipment for the maintenance ofthe ditch or canal shall be promptly removed
by the Licensee upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
I . INeither the terms of this License Agreement, the permission granted by the District to the
Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of
any rights or performance of any obligations of this License Agreement, shall be construed or asserted to
extend the application of any statute, rule, regulation, directive or other requirement, or thejurisdiction of
any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its
canals, drains, irrigation works and facilities which did not apply to the District's operations and activities
prior to and without execution of this License Agreement.
2. In the event the District is required to comply with any such requirements or is subject to
the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's
activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the District from all costs
and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the
option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease
all activity and remove any facility authorized by this License Agreement.
F. Indemnification
I. In addition to all other indemnification provisions herein, Licensee further agrees to
indemnity, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense
(including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent
acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and
activities authorized by this License Agreement.
G.. Fees and Costs
I . The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for
the District or by the engineers for the District in connection with the negotiation and preparation of this
LICENSE AGREEMENT - 4
License Agreement.
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
provisions of this License Agreement, whether by institution of suit or not, the party rightfully enforcing or
rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case
suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
party.
H. Miscellaneous
I. No Claims Created. Nothing in this License Agreement shall create or support a claim of
estoppel, waiver, prescription or adverse possession by the Licensee or any third party against the District.
2. Assignment. Neither this License Agreement nor any agreement entered pursuant to this
License Agreement may be assigned or transferred without the prior written approval of the Parties, which
approval shall not be unreasonably withheld.
3. Amendment and Modification. Any amendment or modification of this License Agreement
must be in writing and signed by all parties to be enforceable.
4. Interpreted. This License Agreement shall be interpreted and enforced in accordance with
the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and
is not enforceable by any third party. If any provision of this License Agreement is determined by a court
of competentjurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this License
Agreement shall remain in full force and effect. The parties represent and warrant to each other that they
each have authority to enter this License Agreement. The catchlines or section headings herein set forth are
provided only for the convenience of the parties in locating various provisions of this License Agreement,
and are not intended to be aids in interpretation of any provision of this License Agreement with respect to
which the parties might disagree at some future time, and shall not be considered in any way in interpreting
or construing any provision of the License Agreement.
5. Binding Effect. Thecovenants, conditionsand agreements herein contained shall constitute
covenants to run with, and running with, the real property described in Exhibit A, and shall be binding on
each of the parties hereto and on all panties and all persons claiming under them or either of them, and the
advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and
assigns.
6. Notices. Any and all notices, demands, consents and approvals required pursuant to this
License Agreement shall be delivered to the parties as follows:
Nampa & Meridian Irrigation District
5525 East Greenhurst
Nampa, ID 83686
LICENSE AGREEMENT - 5
The Regency at River Valley, LLC
c/o Greg Rindlisbacher
11650 S. State, Ste. 300
Draper, UT 84020
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This License Agreement may be executed and delivered in counterparts, each
of which shall be deemed to be an original and all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the District has hereunto caused its name to be subscribed by its officers
first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its
corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above
written.
ATTEST:
Its Secretary
ATTEST:
NAMPA & MERIDIAN IRRIGATION DISTRICT
By & e- A4Its President
LICENSE AGREEMENT - 6
r
STATE OF IDAHO )
) ss
Comity of Canyon )
On this day of :L�L�226-1-I, before me, the undersigned, a Notary Public in
and for said State, personally appeared (j, apo:1 C,&.'kand Daren Coon, known to me to be the President and
Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district 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.
Kuck
il! I%%
° `<p ue
�)
isaNP 7 Notary Public or Idaho
s E Residing at AQ Idaho
CO My Commission Expires: 2 . ae 1
STATE OF ) °+say�ATE 00,x,0,"°`0
)ss.
County of &g AIL )
On this day of Y 201$,, before me, the undersigned, a notary
public in and for sat st te, personally appeared i i ev and lanoam to me
to be the aid
res ctively, of THE REGENCY AT RIVER VALLEY,
LLC, the entit h t xeeuted the foregoing instrument, and acknowledged to me that said entity 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. n „
*Notary(iUblicEResid
Commk+ing atyryeomrn 11�t�
My Commission
LICENSE AGREEMENT - 7
ADA COUNTY
UNTYAHO OB1001DER h7 Pp her 0. Biall AMOUNT 10.00 3
DEPUTY lies Ball .
Ba h hVe61-REQUEST 0P 111 47833
VMN RECORDED MAIL TO:
The Regency atltiv r Valley, C.
IIlPD e e
#3oo
tAfgUr (AT- WORO
MTC FileNo. 206147
The Regency at River Valley, LLC., GRMTOR, for and m consideration of TEN DOLLARS
($10.00) and other good and valuable consideration, does hereby CONVEY and WARRANT to
The Regency at River Valley, T I,C.,
as GRANTEE, the following desmibedrealproperty&tuatedinAda County, State of Idaho, to -wit:
parcel's"
See Exln"bit `B" attachedhereto.
This deed is given id create a new Tax Parcel Number pursuant to property boundary .;
adjustment approvedbythe City ofMetidim4Idaho.
Subject to general propertytaxes for the current year andthereafter.
Subjeetto easements, conditions; covenants andxestdotions ofxecord.
Th witness whereof the grantors have executed this iusttutnent this � day of Time, 2011. t
The Reg tRiver V . , LLC
By: /
Its: Ma651'1g9J VviEWL�G%
tiiir m
:as
COUNTY OF SALT LAKE )
Theeg - g .Qs nt was acirnowledged before me this I " day of June, 2011 by
_ 1 S b v T( the Manager of The Regency at River Valley, LLC, who duly
aclm a o me that it was executed by authotity.
. NOTAMMOLID
AMIE HOTHEY
JONO AItYP LIC 17a4Y 00EPoEPIMCIsotE
SOMMMADAN, UTadoae
COMMISsIDNE ilia
07/02/2017
STATE OF UTAH
Exhibit A, page 1
PROPERTY MSCRIPTI[ON
PARCLI L B
Aparcel of land being apoxtion ofthe SW 1/4NW 1/4 of Section 4, Township 3 North, Range 1 But
Boise Meridian, Ada County Idaho, as shown on that certain Record of SurveyNo. 6638, recorded as
Instrument No.104124018 on Sept 28, 2004 inibe, Office o£the Recorder of Ada County, Idaho, by
Anderson Survey Crronp, Inc. for Brian Weiss, more particularly described as follows:
Commencing at the SW comer of said SWIA NW114, (WIA coiner. of Section 4), said comer
monumentedwith abrass disk;
Thence S. 89° 45' 23" B. a distance of 350.01 feet to the POINT OF BEGEM NG, said point
monumented with a found 5/8 -inch diameter iron pin;
Thence N. 00° 36' 08" R a distance of 180.00 feet parallel with the westerly boundary of said SW 1/4
NW 1/4 to a found 5/8 -inch diameter iron pin;
Thence N. 89'45'23" W. a distance of49.86 feetparallel withthe southerlybouadaty of said SW114
NW1/4 to a found 5/8 -inch diameter ironpin;
TheuceN. 000 36' 08" E: a distance of 145.00 feetparallelwith the westerly boundary of said SW 14
NW 1/4 to a found 5/8 -inch diameteriron pin;
ThenceN. 00° 33' S4" E. a distance of 217.06 feet to a found 5/84nch diameter iron pin;
TheaceN. 00' 36' 08" E. a distance of 218.08 feetpatallel withthe westerlyboundary of said SW 1/4
NW 1/4 to apoint that falls in the South Slough;
Thence along said South Slough the following courses and distances;
Thence N. 84° 26' 08" E. a distance of 17.43 feet to apoint;
Thence S. 66° 18' 52" E. a distance of 264.00 feet to apoint,
Thence S. 34° 48' S2" E, a distance of 227.70 feet to apoint,
Thence S. 71° 16' 52" E. a distance of 132.00 feet to a point;
Thence S. 85133, S2" R. a distance of 174.90 feet to a point;
Thence S_ 400 43' 52" E. a distance of 364.98 feetto apoint;
Exhibit A, page 2
Nger OF2
Thence S. 72° 58' S2" E. a distance of 99.25 feet to apoint on the easterly boundary of said SWl/4
NW1/4;
Thence leaving said slough S. 00'37' 52" W. a distance of 111.66 feet along said easterly boundary to
the SE comer of said SW 1/4 NWl/4, said corner monumeated with a found 5/8 -inch diameter iron pin;
Thence 89°45'23"W.adistance of 978.33 feet along the soutberlyboundary ofsaid SW1/4NW1/4
to the POINT OFZ G➢NN NG.
This parcel contains 10,56 acres piore or less.
Also, ibis parcel is subject to all easements and Aghts-o£--way of record or implied_
2��xotx Exhibit A, page 3
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
1. pipe and relocate a portion of the StokesberryLateral;
2. soon's[1=uct and5astallit lilies-asphalt.uatkme urea om
construct and install utilities, asphalt parking area and curbing over the previously
Finch Lateral and within the District's easement for the Finch Lateral,
all within Licensee's real property described in Exhibit A, located northeast of the intersection of Fairview
Avenue and Eagle Road in Ada County, Idaho. No other construction or activity is permitted within or
affecting the Stokesbeny Lateral and Finch Lateral or the District's easements.
EXHIBIT D
Special Conditions
a. The construction and location of the crossings described in Exhibit C shall be in.accordance
with those portions of certain plans consisting of seventeen sheets: sheet I of 29 entitled "The Regency at
River Valley, Cover Sheet & Specifications," bearing engineer's stamp dated November 22, 2011; sheet 2
of 29 entitled "The Regency at River Valley, Parcel Layout," bearing engineer's stamp dated November 22,
2011; sheet 3 of 29 entitled "The Regency at River Valley, Over-all Site Plan," bearing engineer's stamp
dated November 22, 2011; sheet 7 of 29 entitled "The Regency at River Valley, Sewer, Water, & Storm
Drain," bearing engineer's stamp dated November 22, 2011; sheet 8 of 29 entitled "The Regency at River
Valley, Sewer, Water, & Storm Drain," bearing engineer's stamp dated November 22, 2011; sheet 10 of 29
entitled "The Regency at River Valley, Sewer and Water," bearing engineer's stamp dated November 22,
2011; sheet 12 of 29 entitled "The Regency at River Valley, Sewer Water, & Storm Drain," bearing
engineer's stamp dated November 22, 2011; sheet 13 of 29 entitled "The Regency nt River Valley, Water,
& Storm Drain," bearing engineer's stamp dated November 22, 2011; sheet 14 of 29 entitled "The Regency
at River Valley, Grading and Drainage Plan," bearing engineer's stamp dated November 22,2011; sheets 15
thru 18 of 29 entitled "The Regency at River Valley, Grading and Drainage Plan," bearing engineer's stamp
dated November 22, 2011; sheet 23 of 29 entitled "The Regency at River Valley, Alleys Ave, Sta: 9+00 thru
13+16.83," bearing engineer's stamp dated November 22, 2011; sheet 24 of 29 entitled "The Regency at
River Valley, Pressure Irrigation Plan," bearing enginee's stamp dated November 8, 2011; and sheets 25
and 26 of 29 entitled "The Regency at River Valley, Gravity irrigation Improvements, Stokesbeny Lateral
Tiling," bearing engineer's stamp dated November, 8, 201 1. Said plans have been delivered to the District's
Office, are in its possession, and are incorporated herein by this reference.
b. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineer's may inspect and approve the construction.
C. Licensee shall convey to the District all easement for that section of the Stokesbeny Lateral
relocated by Licensee under the terms of this agreement. Execution and delivery of said easements fiom
Licensee are a material and essential term of this agreement and if not executed and delivered, at the option
of the District this agreement may be terminated and be of no force and effect. Upon request by Licensee
LICENSE AGREEMENT - 8
and submission of a legal description to the District, the District shall relinquish its easement along the
Stokesberrry Lateral where it has been replaced by relocation of the Stokesberry Lateral.
d. The pipe,installation, and backfill shall, ata Minimum, meettherequirements oftile District
and standard specifications for such materials and construction, as set forth in the Idaho standards for public
works construction or other standards recognized by the city or county in which the pipe is to be placed.
e. Upon installation of the pipe and relocation of the Stokesberry Lateral in accordance with
the above-referenced plans, the Licensee shall provide the District written notice that the facil ities installed
and work performed by the Licensee are ready for final inspection and approval by the District. Within one
month after receiving such written notification from the Licensee, the District shall perform an inspection
and, if the facilities have been constructed and installed and all work has been performed in compliance with
the terms of this agreement, the District shall provide written notice to the Licensee of final approval.
f. The Licensee shall not fill, alter, or perform any work affecting the Stokesberry Lateral or
the District's easements forthe Stokesberry Lateral, and the Stokesberry Lateral (except forconnecting points
to the new relocated section) shall remain open and serviceable for use and maintenance by the District for
all irrigation and dra i nage purposes until and un less the Licensee has received written notice from the District
of final approval of the construction and installation of the new ditch and pipe for the Stokesberry Lateral
as provided in paragraph e. of this agreement. After the Licensee receives notice of final approval from the
District, and upon request by Licensee and submission of a legal description to the District, the District shall
relinquish its easement along Stokesberry Lateral where it has been replaced by relocation of the Stokesberry
Lateral by filing a Relinquishment of Casement with the county recorder. Licensee shall be responsible for
operation and maintenance associated with the Licensee's backfill of the Stokesberry Lateral. Licensee
further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost
and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason
of drainage or seepage associated with the Licensee's backfill of the Stokesberry Lateral.
Ir. As a result of Licensee's construction of utilities, parking and curbing within the District's
easements and over the pipes for the Finch Lateral and Stokesberry Lateral, Licensee shall be responsible
fur operation and maintenance associated with the Finch Lateral and Stokesberry Lateral which has been
placed in pipe by Licensee within Licensee's property, including rehabilitation or replacement of the pipe
and rehabilitation of the District's easement. Maintenance shall include, but not be limited to, the removal
and disposal of silt, gravel, plant material, and all trash and debris which may accumulate in the pipe.
Repairs shall include, but not be limited to, all repairs necessary to preserve the structural integrity and
unobstructed flow of water through such portion of the Finch Lateral and Stokesberry Lateral and prevent
the loss of water from the portions piped by Licensee. If the Licensee shall fail in any respect to properly
maintain and repairsuch portions of the Finch Lateral and Stokesberry Lateral, then the District, at its option,
and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right
to perform the necessary maintenance and repairs and the Licensee agrees to pay to the District, on demand,
the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The
District shall give reasonable notice to Licensee prior to the District's performing such maintenance, repair
or other work except that in cases of emergency the District shall attempt to give such notice as reasonable
under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee
or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee
LICENSE AGREEMENT - 9
shall indemnify, hold harmless and defend the District from any claims made against the District arising out
of or relating to the terms of this paragraph except for claims arising solely out ofthe negligence or fall It of
the District.
h. Licensee represents that Licensee has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, as may be
applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee
recognizes its continuing duly to comply with all such requirements that now exist or that may be
implemented or imposed in the future. By executing this agreement the District assumes no responsibility
or liability for any impact upon or degradation of water quality or the environment resulting from the
discharge or other activity by Licensee which is the subject of this agreement.
is Licensee hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms or performance
of this agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim , action or requirement.
j. In the event the District is required by any governmental authority to acquire orcomply with
any permit or other operational requirements associated with Licensee's discharge and other activity which
is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District form all
costs and liabilities associated with such permit and other requirements, including but not limited to all costs
associated with all permit acquisition, construction, monitoring, treatment, administrative, tiling and other
requirements.
k. The parties to this agreement recognize this license agreement is an accommodation to
Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either
express or innpl ied, to regulate control, or prohibitthe discharge orcontribution of pollutants or contaminants
to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any
other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental
environmental agencies.
I. Pipingaudrelocation oftheStokesberryLateral shall becompletedprio•toMarch 15,2012.
All other construction shall be completed within one year of the date of this Agreement. Time is of the
essence.
-LICENSE AGREEMENT - 10
ADA COUNTY RECORM Christopher D. Rich A -MOUNT .00 8
BOISE IDAHO 02109112 10:02 AM
DEPUTY Bonnie0berbillig III I'lllllllllll'IIiI 11111IIILIIIII
RECORDED—REQUEST OF 112012157
Nampa Meridian Irrigation Dist
EASEMENT
7 THIS EASEMENT, given in connection with and pursuant to that certain License Agreement dated
tile LOCday of.'r�ygHk�°�,201% between The Regency at River Valley, LLC,andNampa&MeridianIrrigation
District, an irrigation district organized underthe laws of the state of Idaho and is granted in accordance with
the terms and conditions of said License Agreement.
THE REGENCY AT RIVER VALLEY, LLC, hereby grants air easement toNAMPA & M ERI DIAN
IRRIGATION DISTRICT for right of way along the Stokesberry Lateral as described in Exhibit B attached
hereto and made a part hereof.
This easement is granted to deliver, convey and drain irrigation and drainage water, to operate, clean,
maintain and repair the Stolcesberry Lateral and to access the Stokesberry Lateral with such personnel and
equipment Nampa & Meridian Irrigation District may utilize for those purposes and is granted to Nanlpa &
Meridian Irrigation District, its successors and assigns, as a perpetual easement and is and shall be
appurtenant to and inseparable from the real property described in Exhibit A attached hereto and made a part
hereof.
This easement is intended to replace a section of the former easement of Nampa & Meridian
Irrigation District with an easement along the Stokesberry Lateral after relocation of a portion of the
Stokesberry Lateral by The Regency at River Valley, LLC.
IN WITNESS WHEREOF, The RegencyatRiver Valley, LLC has esecutedthiseasenn
nelthis/11F411
day of VaAttA , 201'JI,.
EASEMENT - Page 1
ATTEST:
STATE OF 01A
A
)ss.
County of
On this Ilo day of AgnuAQ, 201 before me, the undersigned, a notary
public in and for said state, personally appeared IItq j-%AtVIi(mid known to me
to be the RAMIL4 e 6-4 , resp tively, of THE REGENCY AT RIVER VALLEY,
LLC, the e iti th t e. ecuted the foregoing instrument, and acknowledged to me that said entity executed
the same.
IN WITNESS WHEREOF, I have hereunto set my baud and affixed my official seal, the day
and year in this certificate first above written.
u i
kmI-
t.
EASEMENT - Page 2
Notary Public for
Residing at 16L
My Commission I
VMN RECORDED MAM TO:
The Regency at Raim Valley, C.
300
Iv1TC FileNo. 206147
ADA COUNTY RECORDER Chrielluphar D. Rich AMOUNT 10,00 3
BOISE IDAHO 00109111 09:07 P.0
DEPUTY Men Ball
RECORDED4EOUEST'OF 111947033
bash inttaslmenls !
The Regency at River Valley, LLC., GRANTOR, for and in eo=deiation of TEN DOLLARS
($10.00) and other good and valuable consideration, does hereby CONVEY and WARRANT to
The Regency at River Valley, LLC,
as GRANTEE, the following desenbedreal properly situated in Ada County, State of Idaho, to -wit:
arcel `B":
SeeExhibit`B" attachedhereto.
This deed is given to,create a new Tax Paroel Number pursuant to property boundary
a mimentappzovedbytheCityafMeridian,Idaho.
L
Subjectto generalpropettytaxes £orthe currentyear andthereafter.
Subject to easements, conditions, covenants andiestdotions ofrecord.
Inwituesswhereof tile guntasbaveexemtedtbisivshumentthis � day of June, 2011.
The Reg RivezU .,LLC.
By.,
Its: yea i iMBawla
STATS OFUrAH
:ss
COUNTY OF SALT LAKE )
�7�Ih
The ' zeg ' g cps nem was acknowledged before me this I day of June, 2011 by
r.ni s b .Pht ( the Manager of The Regency at, River Valley, LT C, who duly
El le omethatitwasexecutedbyauthoAty.
' NOTARY PUBLIC
AMIE14 EY
NO ARYP LTC 11241 CARRIE RIM CIRCLE
soLITHJ6RDAN, orsaoss
cOM 0710PJ2011
Nba'a1Ea
STATEGFUrTECFIrrgH
Exhibit A, page 1
l
r
PROPERTY DESCRIMON
PARCEL B
Aparcel of land being aportiorn of the SW 1/4 NW 114 of Section 4, Township 3 North, Range 1 East,
Boise Met9diau, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as
histroment No.104124018 on Sept. 28, 2004 in the Office o£the Recorder of Ada County, Idaho, by
Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows:
Commencing at the SW comer of said SWIMNW1/4, (Wl/4 miner. of Section -4), said corner
monumented-with abrass disk;
Thence S. 890 45' 23" E. a distance of 350.01 feet to the POINT OT+ BEGIN. NING, said point
monumented with a found 518 -inch diameter iron pin
Thence M. 00° 36' 08" R adistance of 180.00 feet parallel with the westerly boundary of said SW 1/4
NPT 1/4 to a found 5/8 -inch diameter ironpin;
ThenceN. 89° 45'23" W. adistance of 49.86feetparalIelwiththe southerlyboundary of said SWI14
NW1/4 to a found 5/8 -inch diameter iron pin;
ThenceN. 000 36' OS" E: a distance of 145.00 feetparallel-withthe westerly boundary of, said -SW 1/4
NW 114 to a found 5/8 -inch diameterironpin;
Thence N. 000 33' S4" E. a distance of 217.06 feetto a found 518 -inch diameter iron pin;
Thence N. 00e 36' 08" E. a distance of 218.08 feet parallel with the westerly boundary of said SW 1/4
NW 114 to apoiat that falls S a the South Slough;
Thence along said South Slough the following courses and distances;
Thence N. 84° 26' 08" E. a distance of 17.43 feet to a point;
Thence S. 66° 18' 52" E. a distance of 264.00 feetto a point;
Thence S. 34P 48' 52!'E. a distance of 227.70 feetto a point;
Thence S. 71° 16' 52" E. a distance of 132.00 feetto a point,
Thence S. 850 33' 52" E. a distance of 174.90 feet to a point;
Thence S. 40° 43' S2" E. a distance of 364.98 feetto a point;
Exhibit A, page 2
Pagel OF2
Thence S. 72° 58' 52" E. a distance of 9925 feet to apoint on the easterly boundary of said SWI/4
NWl/4;
Thence leaving said slough S. 00° 37' 52" W. a distance of 111.66 feet along said easterly boundary to
the SE comer of said SWA NW1/4, said comer menumented with a found 5/8 -inch diameter iron pin:,
Thence N 89° 45' 23" W. a distance of 978.33 feet along the southerly boundary of said M/4 NW1/4
to the POINT OF BE,
This parcel contains 10,56 acres mote or less.
Also, this parcel is subjectto all easements and rights-of-way of recorA or implied_
rngm2ora Exhibit A, page 3
ason Professional Engineers, Land Surveyors and Planners
826 3`d St. South Nampa, ID 83651
�anPwld, Rc. Ph (208) 454-0256 Fax (208) 454-0979
E-mail: dholzhev@msene.us
40.00 FOOT WIDE IRRIGATION
EASEMENT
An easement being a portion of the SWI/4 NW1/4 of Section 4, Township 3 North, Range 1 East, Boise
Meridian, Ada County Idaho, more particularly described as follows:
Commencing at the southwest comer of said SWI/4 NWl/4, (WI/4 corner of Section 4), said corner
monumented with a brass disk;
Thence S 89° 45' 23" E a distance of 350.01 feet along south boundary of said SW1/4 NWl/4 to the
POINT OF BEGINNING of said easement;
Thence N 00° 36'08" E a distance of 40.00 feet to a point;
Thence S 89° 45'23" E a distance of 978.35 feet parallel with the south boundary of said SWI/4
NW1/4 to a point on the east boundary of said SWI/4 NW1/4;
Thence S 00° 37'52" W a distance of 40.00 feet along said east boundary to the southeast corner of said
SWI/4 NW1/4;
Thence N 89° 45'23" W a distance of 978.33 feet along the south boundary of said SW114 NW114 to the
POINT OF BEGINNING of said easement.
MASON & STANFIELD, INC. -
Page 1 ofl ENGINEERS &PLANNERS Exhibit B, page 1
Page
WeL,crl
r'
Exhibit B, page 2
, page
7&00�&/J /{Q/ L:;AC�41vI �Eu1Lni/!i<I /�J\
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-4630092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
Mason &:Stanfield, Inc.
826 3rd St, South
Nampa, ID 83651
RE: Regency @ River Valley/Original Plans Dated June 22, 2011
w/Revised Sheets #24, 25 & 26 (Dated Nov. 8, 2011)
Dear Scott:
Nampa& Meridian Irrigation District has finished its review of this proposed project in Meridian.
With the receipt of the revised plans (sheets #24, 25, & 26 dated Nov, 8, 2011) this project appears 10
be acceptable to the District.
According to the plans the stone water rutu ffis being retained onsite, this is acceptable. Plans show
for this project to be provided pressurized irrigation via NlvflD's Redfeather PUIS system- Due 10 the
complexity of this proposed system, NMID will provide water to this new development however this
will be a PUMP ONLY contract. Please contact the District's attorney, Laura Bun -i at 342-4591. and
ask that she prepare this document. Once this agreement has been signed and returned it will be
presented to the District's Board of Directors for their consideration at the next available board
meeting.
Also before any water is serviced to this development upgrades to the Redfeather pump station will
need to be addressed to accommodate the additional acreage being added. NMID must be contacted to
inspect the connection to the pump station once completed.
This project also affects the District's Pinch Lateral with an easement of eighty feet (80'); forty feet
(40') from centerline both sides. This facility was previously piped. The Licensee shall agree to take
over full maintenance responsibilities for this facility due to encroachments ofthe panting area etc.
Page I oft
APPROXIMATE IRRIGABLE ACRES
- RIVER FLOW RIGHTS -23,000
BOISE PROJECT RIGHTS - 40,000
Scott Stanfield
Mason & Stanfield
Regency d River Valley
29 November 2011
Page 2 of 2
However NMID will not allow trees to be planted directly adjacent to the District's Finch Lateral as
they would cause future maintenance problems.
The Stokesberry Lateral, with an easement of forty feet (40'); twenty feet (20') each side of centerline,
is to be relocated and piped in thirty-six inch (36') Class III RCP. When relocating any Nampa &
Meridian Irrigation District facility the District requires a License Agreement for relocation, a Grant of
Easement and a Relinquishment of Easement. Please contact the District's attorney, Bryce Farris at
342-4591 and ask that he prepare these documents. Once these agreements have been signed and
returned they will be presented to the District's Board of Directors for their consideration at the nest
available board meeting.
The original facility must be left intact until the newly relocated facility has been installed and
inspected, for proper operation and maintenance, by Nampa & Meridian Irrigation District. Once this
inspection has been completed and verified in writing, the old facility can be back-filled. The District
will retain its easement rights of the old facility until enough time has gone by to verify that the new
facility is functioning properly at which time Nampa & Meridian Irrigation District will relinquish the
old easement. Final Approval will not be granted until verification of inspection, in writing, by
Nampa & .Meridian Irrigation District. Encroachments of garages. asphalt paving, PUIS lines wil I
make it mandatory that the Licensee be responsible for all future maintenance of the Stokesberry
Lateral through this project.
If you have any further questions, please feel tree to give roe a call.
Sincerely,
4 A C.�
Greg G. Curtis
Water Superintendent
Nampa & Meridian Irrigation District
GGC/dbg
C. B. Farris, attorney
L. Burri, attorney
A. Mladsen
D. Scl Is, Rider 3
File/Office
EXHIBIT C
Purpose of License
The purpose of this License Agreement is to permit Licensee to:
I . pipe and relocate a portion of the Stokesberry Lateral;
2.
construct and install utilities, asphalt parking area and curbing over the
Finch Lateral and within the District's easement for the Finch Lateral,
all within Licensee's real property described in Exhibit A, located northeast of the intersection of Fairview
Avenue and Eagle Road in Ada County, Idaho. No other construction or activity is permitted within or
affecting the Stokesberry Lateral and Finch Lateral or the District's easements.
EXFIIBIT D
Special Conditions
a. The construction and locationofthecrossings described in ExhibitC shall be in accordance
with those portions of certain plans consisting of seventeen sheets: sheet lof 29 entitled "The Regency at
River Valley, Cover Sheet & Specifications," bearing engineer's stamp dated November 22, 2011; sheet 2
of 29 entitled "The Regency at River Valley, Parcel Layout," bearing engineer's stamp dated November 22,
2011; sheet 3 of 29 entitled "The Regency at River Valley, Over-all Site Plan," bearing engineer's stamp
slated November 22, 2011; sheet 7 of 29 entitled "The Regency at River Valley, Sewer, Water, & Storm
Drain," bearing engineer's stamp dated November 22, 2011; sheet 8 of 29 entitled "The Regency at River
Valley, Sewer, Water, & Storm Drain," bearing engineer's stamp dated November 22, 2011; sheet 10 of 29
entitled "The Regency at River Valley, Sewer and Water," bearing engineer's stamp dated November 22,
2011; sheet 12 of 29 entitled "The Regency at River Valley, Sewer Water, & Storm Drain," bearing
engineer's stamp dated November 22, 2011; sheet 13 of 29 entitled "The Regency at River Valley, Water,
& Storm Drain," bearing engineer's stamp dated November 22, 2011; sheet 14 of 29 entitled "The Regency
at River Valley, Grading and Drainage Plan," bearing engineer's stamp dated November 22,2011; sheets 15
thru 18 of 29 entitled "The Regency at River Valley, Grading and Drainage Plan," bearing engineer's stamp
dated November 22,2011; sheet 23 of 29 entitled "The Regency at River Valley, Alleys Ave, Sta: 9+00 thru
13+16.83," bearing engineer's stamp dated November 22, 2011; sheet 24 of 29 entitled "The Regency at
River Valley, Pressure Irrigation Plan," bearing engineer's stamp dated November 8, 2011; and sheets 25
and 26 of 29 entitled "The Regency at River Valley, Gravity Irrigation Improvements, Stokesberry Lateral
Tiling," bearing engineer's stamp dated November, 8, 2011. Said plans have been delivered to the District's
office, are in its possession, and are incorporated herein by this reference.
b. Licensee shall notify the water superintendent of the District prior to and immediately after
construction so that he or the District's engineer's may inspect and approve the construction.
C. Licensee shall convey to the District an easement for that section of the Stokesberry Lateral
relocated by Licensee under the terms of this agreement. Execution and delivery of said easements from
Licensee are a material and essential term ofthis agreement and if not executed and delivered, at the option
of the District this agreement may be terminated and be of no force and effect. Upon request by Licensee
LICENSE AGREEMENT - 8
jWMDIAN*_
Ca A l-4 t�
i J
Planning Department
CERTIFICATE OF ZONING COMPLIANCE
Application Checklist
Project name: Regency at River Valley - CZC #4 File#:C rL:_II--o13
Applicant/agent: Bach Investments, LLC / Randy Rindlisbacher
All applications are required to contain one copy of the following unless otherwise noted:
Applicant
Staff.
(�)
Description
(J)
Completed & signed Administrative Review Application
Narrative fully describing the proposed use of the property, including the following:
➢ Information on any previous approvals or requirements for the requested use
(i.e., applicable conditions of approval or Development Agreement)
Recorded warranty deed for the subject property,
Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation,
submit a copy of the Articles of Inco oration or other evidence to show that the person signing is an authorized agent.)
Written confirmation that a traffic impact study or change of use is not required and/or has
been submitted for review to ACHD. Please contact Mindy Wallace at 387-6178 or Christy
Little at 387-6144 for more information.
�l
Scaled vicinity map showing the location of the subject property
Fire Marshall approval for access and turn around (st:m,ped, full size site plan)
Sanitary Service Company approval for trash enclosure & access drive (stamped, full size site
Ian)
Civil Site/Dimension Plan – 1 full size co (folded to 8 %2" x 11" size)
A photometric test report for any light fixture(s) with a maximum output of 1,800 lumens
or more (see UDC I I -3A-11)
ter
N/A
Copy of the recorded plat the property lies within (8 t/2" x 1 I ")
4
Address verification letter from Development Services (887-2211)
4
Site Plan—* l copy (folded to 8'/z' x I I" size)
The following items must be shown on the siteplan:
J
• Date, scale, north arrow, and project name (scale not less tlmn t"=50')
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
Parking stalls and drive aisles
Trash enclosure(s)location
• Detail of trash enclosure (must be screened on 3 sides)
Location and specifications for underground irrigation (pressurized irrigation can only be
waived if you prove no water rights exist to subject property)
Sidewalks or pathways (proposed and existing)
• Location of proposed building on lot (include dimensions to property lines)
• Fencing (proposed and existing)
• Calculations table including the following:
Y Number of parking stalls required & provided (specify harulicap & compact stalls)
➢ Building size (sq. ft.)
➢ Lot size (sq. ft.)
➢ Setbacks
➢ Zoning district
• Reduction of the site plan (8'/z" x 11 ")
Landscape plan – *I copy (folded to 8 I/z" x 11" size)
/
+I
Plan rust have a scale no smaller than I" = 50'(1" = 20' is preferred) and be on a .vtaltdarcl
f/
ch-awinq .clteet, not In e.rceed 36" x 48" (24"x 36" i.r referred). A plan which cannol be drawn in
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org
(&,f, 6vt
J
its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets.
The following items must be included on the landscapeplan:
vl
Date, scale, north arrow, and project name
• Names, addresses, and telephone numbers of the developer and the person and/or
firm preparing the plan
• Stamp/signature of a landscape architect, landscape designer, or qualified
nurseryman preparing the plan
• Existing natural features such as canals, creeks, drains, ponds, wetlands,
floodplains, high groundwater areas, and rock outeroppings
• Location, size, and species of all existing trees on site with trunks 4 inches or
greater in diameter, measured 6 inches above the ground. Indicate whether the
tree will be retained or removed
N/A
• A statement of how existing healthy trees proposed to be retained will be
pro cted from damage during construction
• Existing structures, planting areas, light poles, power poles, walls, fences, berms,
d
parking and loading areas, vehicular drives, trash areas, sidewalks, pathways,
stormwater detention areas, signs, street furniture, and other man-made elements
N/A
• Existing and proposed contours for all areas steeper than 20% slope. Berms shall
be shown with one -foot contours
Sight Triangles as defined in I 1-3A-5 of this ordinance
• Location and labels for all proposed plants, including trees, shrubs, and
J
groundcovers (trees must not be planted in City water or sewer easements). Scale shown for
plant materials shall reflect approximate mature size
• A plant list that shows the plant symbol, quantity, botanical name, common name,
minimum planting size and container, tree class (I, II, or I11), and comments (for
spacing, staking, and installation as appropriate)
J
• Planting and installation details as necessary to ensure conformance with all
required standards
N/A
Design drawing(s) of all fencing proposed for screening purposes
Reduction of the landscape plan (8'/z" x 11")
4,1- -
Building elevations showing construction materials — *I co (folded to 8'/2" x I I" size)
Reduction of the elevations (8'/2" x 1 l")
Electronic version of the site plan, landscape plan, & building elevations in pdf format
l
submitted oil a disk with the files named with project name & plan type (i.e. site plan,
7f
landscape plan, elevations, etc.). We encourage you to submit at least one color version.
If applying for approval of a public school, provide additional information as required by
N/A
the Public School Facility supplemental checklist per §67-6519
Fee (If this project had prior approval on a site plan, reduced fees may apply)
*Once an application is accepted, staff will contact you to let you know how many additional copies of plans are
required. All plans are required to be olded to 8 n/2" x 11 " size.
ACRD Acceptance: Applicant shall be responsible for meeting the requirements of ACHD as they pertain to this
application. All impact fees, if any, shall be paid prior to the issuance of a building permit. If any changes must be
made to the site. plan to accommodate the ACHD requirements, a new site plan shall be submitted to the City of
Meridian Planning & Zoning Depa'unent for approval prior to the issuance of a building permit. Your building permit
Will not be issued until ACHD has approved your plans and all associated fees have been paid.
33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.nieridiancity.org
(Ren. 0610212011)
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ADA COUNTY RECORDER Chris $her D. Rich AMOUNT 16.00 3
BOISE IDAHO 06/09111 03:07 PM
DEPUTY Lisa Ball II I IIII III III IIII 1111111 1111111 II I III
RECORDED -REQUEST OF i 11047033
Bach Investments
WHEN RECORDED MAIL TO:
The Regency at River Valley, LLC.
I l la Sv S • �f*
#3oC)
MTC File No. 206147
WARRANTY DEED
The Regency at River Valley, LLC., GRANTOR, for and in consideration of TEN DOLLARS
($10.00) and other good and valuable consideration, does hereby CONVEY and WARRANT to
The Regency at River Valley, LLC,
as GRANTEE, the following described real property situated in Ada County, State of Idaho, to-vcdt:
Parcel `B":
See Exhibit `B" attached hereto.
This deed is given to create a new Tax Parcel Number pursuant to property boundary,
adjustment approved by the City of Meridian, Idaho.
Subject to general property taxes for the current year andthereafter.
Subject to easements, conditions, covenants and restrictions of record.
+11
In witness whereof, the grantors have executed this instrument this �_ day of June, 2011.
The Rege&-+At River V0114 LLC.
Its: 'MajjP� 1't t9J 1'YW{0 t
STATE OF UTAH )
:ss
COUNTY OF SALT LAKE
I Thereg g ent was aelmowledged before me this �tll day of June, 2011 by
nien S 17 ' f the Manager of The Regency at River Valley, LLC, who duly
aclat e o me that it was executed by authority.
NOTARY PUEI,IC
AMIE ROTHEY
NO ARY P LIC 7341 CABBIE RIM CIRCLE
SOLITH JORDAN, UT 04095
COMMISSION EXPIRES
_ 07/02/2011
STATE OF UTAH
EXIilBIT `B"
PROPERTY DESCRIPTION
PARCEL B
A parcel of land being a portion of the SW 1/4 NW 1/4 of Section 4, Township 3 North, Range 1 East,
Boise Meridian, Ada County Idaho, as shown on that certain Record of Survey No. 6638, recorded as
Instrument No. 104124018 on Sept. 28, 2004 in the Office of the Recorder of Ada County, Idaho, by
Anderson Survey Group, Inc. for Brian Weiss, more particularly described as follows:
Commencing at the SW corner of said SWI/4 NW1/4, (Wl/4 corner. of Section 4), said comer
monumented with a brass disk;
Thence S. 89° 45' 23" E. a distance of 350.01 feet to the POINT OF BEGINNING, said point
monumented with a found 5/8 -inch diameter iron pin;
Thence N. 00° 36' 08" E. a distance of 180.00 feet parallel with the westerly boundary of said SW 1/4
NW 1/4 to a found 5/8 -inch diameter iron pin;
Thence N. 89° 45' 23" W. a distance of 49.86 feet parallel with the southerly boundary of said SWI/4
NW1/4 to a found 5/8 -inch diameter iron pin;
Thence N. 00° 36' 08" E. a distance of 145.00 feet parallel with the westerly boundary of said SW 1/4
NW 1/4 to a found 5/8 -inch diameter iron pin;
Thence N. 00° 33' 54" E. a distance of 217.06 feet to a found 5/8 -inch diameter iron pin;
Thence N. 00° 36' 08" E. a distance of 218.08 feet parallel with -the westerly boundary of said SW 1/4
NW 1/4 to a point that falls in the South Slough;
Thence along said South Slough the following courses and distances;
Thence N. 84° 26' 08" E. a distance of 17.43 feet to a point;
Thence S. 66° 18' 52" E. a distance of 264.00 feet to a point;
Thence S. 34° 48' 52" E. a distance of 227.70 feet to a point;
Thence S. 71' 16' 52" E. a distance of 132.00 feet to a point;
Thence S. 85° 33' 52" E. a distance of 174.90 feet to a point;
Thence S. 40° 43' 52" E. a distance of 364.98 feet to a point;
Page I of 2
Thence S. 72° 58' 52"E. a distance of 99.25 feet to apoint on the easterly boundary of said SWI/4
NWl/4;
Thence leaving said slough S. 00° 37' S2" W. a distance of 111.66 feet along said easterly boundary to
the SE corner of said SW 1/4 NW 1/4, said corner monumented with a found 5/8 -inch diameter iron pin;
Thence N. 890 45' 23" W. a distance of 978.33 feet along the southerly boundary of said SWI/4 NW l/4
to the POINT OF BEGINNING.
This parcel contains 10.56 acres more or less.
Also, this parcel is subject to all easements and rights-of-way of record or implied.
Page of 2
AFFIDAVIT OF LEGAL INTEREST
v�h
STATE OF4RAiIO )
COUNTYOF44BA )Serif Loki_
I, —nu , -�(1--XJ ✓o -+i't�.
(name) (address)
(city) (state)
being first duty sworn upon, oath, depose and say:
That 1 am the record owner of the property described on the attached, and 1 grant my
permission to:
R -Wh5J S- moria . 6+
(name) (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 (he application.
3. 1 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 % I A." day of NG lk M �61 20 11
(bu �e. nil A pvtr Vvtluy , Lt e
t
62,
(Signa re)
SUBSCRIBED AND SWORN to before me the day and year first above written.
op FRANCESCARMOWr
Nolary Public(No ary Public for-Idabb)
State of Utah t J}A\n
Comm. No. Residing at: l�2Z3 kewtru-�
MyCommF)tlree09101f2014
My Commission Expires: I 20I j
33 E. Broadway Avenue, Suilc 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Wcbsi(c: www.meridianci(y.m'g
(Rev. 06,022011)
Randy Rindlisbacher
From: Mindy Wallace [Mwallace@achdidaho.org]
Sent: Tuesday, December 06, 2011 3:31 PM
To: Randy Rindlisbacher
Subject: RE:
Randy,
A traffic impact study was reviewed as part of ACHD's approval of a conditional use permit (MCUP-08-004), for Regency
at River Valley. Therefore a new traffic impact study is not required for this ZCZ application or any CZC applications
individual buildings within the Regency at River Valley site.
Please let me know if you have any questions.
Mindy
Mindy Wallace
Planning Review Supervisor
Ada County Highway District
(208)387-6178
"We drive quality transportation for all Ada County -- Anytime... Anywhere!"
From: Randy Rindlisbacher [mailto:randyr(albachhomes.netj
Sent: Tuesday, December 06, 20113:07 PM
To: Mindy Wallace
Subject:
We're applying for a CZC with the city of Meridian for our Regency at River Valley Apartment project located near the
intersection of East River Valley Street and Eagle Road.
The city of Meridian is requiring that I submit to them a confirmation letter stating that I have submitted a TIS for this
project.
Could you please get me something in writing for this?
Thank you.
Randy Rindlisbacher