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Sevoy Antiques CZC 05-73
~`"f~" ~ HUB OF TRh;ASURE VALLGy NiAVO[t A Good Ptace to Live i.ecni, ora>Ait'rmm:N'r 'rauuny dcW~erA (264)R8S 4k33 Fi~587-45U ~~~ ® ~~ ~~ < II1' COUN<fl. ~4INll3tRS . I U13LIC WOI KS an Ilvd K 33 EAST 7DAH0 rsul~ umc u~=i~~ izi Nie:N~r e tz~5:55~ zz~ t - i ,~ say-ia~~~ C6risunc. oonnep MERIDIAN, IDAHO 83642 Shutm Wardle (20'3) 888-0433 ~ FAX (20R) RR7-45,3 P1,ANNING AND ZONING Chadc=_ M. Rountree City CIcd: 0115ce Fax (208) R83-4275 DEPARTMI?N1' (20R) R84-5533 - PAX R8Y-6854 Applicant: Richard Childress -Point Architects Project Name: Sevo~gues Project Address: Fairview and Barbara Proposed Use: 3990sq ft Retail antique sales(warehousin~/ retail sales/office) Comments: Conditions of Approval: Project is subject to all current City Ordinances and conditions of approval fox all applicable development permits. Site Plan: The Site Plan is approved per the plans prepared by Richard Childress, Point Architects dated June 13, 2005 and stamped "approved" on 3-17-OS by the Meridian Planning & Zoning Department with no changes. The approved site plan is not to be altered without prior written approval of the Planning & Zoning Department. NOTE: Openings (doors, windows, etc.) and their protection shall be located and constructed to meet current building code. Landscaping: The Landscape Plan is approved per the plan prepared by New West Landscaping labeled Sheet Ll, Dated 3-18-OS and stamped "approved" on 6-17-OS by the Meridian Planning & Zoning Department. The approved plan is not to be altered without prior written approval of the Planning & Zoning Department. No field changes to site plan permitted; prior written approval of all material changes is required. Parkin: 10 parking spaces with 1 handicapped spaces are proposed, MCCl 1-13-5 requires 1 spade per 200 square feet of mixed retail (1:200)/warehouse (1:1000) area (1635/200 = 8.175), 1 space per 1000 sq ft of warehouse space (155111000 = 1.5) for a total of 10 parking stalls required. The parking area shall be paved and striped in accordance with MCC 11-13-4.Off- streetparking is approved as shown ou the approved site plan. In accordance with MCC 11- 13-5, all standard parking stalls must be constructed 9 feet by 19 feet minimum and drive aisles must be at least 25-feet wide. The project engineer/architect shall certify that the number and size ofhandicap-accessible spaces conforms to the Americans with Disabilities Act (ADA). Handicap accessible stalls must have signage in accordance per ADA. Irri ag tion: An underground, pressurized irrigation system must be installed to all landscape areas per the specifications provided. Protection of Existin Tg rees: Any existing trees on site must be protected in accordance with the Tree Preservation section of the City's Landscape Ordinance. Per Ordinance 12-13-13-4, coordinate with the Parks Department Arborist (Elroy Huff, 888-3579) for approval of protection measures prior to conshuction. Any severely damaged tree must be replaced in compliance with Ordinance 12-13-13-6. Curbing: Per Ordinance 12-13-7-9, all landscape areas adjacent to driveways, parking lots, or other vehicle use areas, must be protected by curbing, wheel stops, or other approved protective devices. Curbing maybe cut to allow for storm water runoff. Ling: Lighting shall not cause glare or impact the traveling public or neighboring development. Siz?nage: No signs are approved with this CZC. All signs will require a separate sign permit in compliance with the sign ordinance. Sidewalks: All sidewallcs shall be constructed as shown on the approved Site Plan and in accrn•dance with the Meridian City Code requirements (MCC 12-5-2.K). Sidewalks shall be constructed prior to occupancy of the permanent building. Trash Enclosure: All dumpsters and/or carts must be screened from view and not be visible by the public or from adjacent properties. Trash enclosures must be in the location and size as approved by SSC. ACHD Acceptance: Applicant shall be responsible fm• meeting the requirements of ACHD as they pertain to this development. 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 ACRD requirements, anew site plan shall be submitted to the City of Meridian Planning and Zoning staff for approval prior to the issuance of a building permit. Certificate of Occupancy: All required improvements must be complete prior to obtaining a Certificate of Occupancy. A Temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a Letter of Credit or cash in the amount of 110% of the cost of the remaining improvements. A bid must accompany any request for Temporary Occupancy. No occupancy will be granted until the final plat for the property is recorded. Plan Modifications: The approved Site Plan and Landscape Plan, stamped 6/17/05, are not to be altered without prior written approval of the Plarming & Zoning Department. No significant field changes to the site or landscape plan is permitted; prior written approval of all changes is required. Jo R. Guenther Associate City Planner *This letter does not indicate compliance with requhements of other deparpnents(agencies, including, but not limited to, Ada County Highway Dish'ict, Cenh'al Disfiict Health Department, affected h~rigation district(s), Meridian Sewer, Water, Building or Fire Depatrtments, Sanitary Services Co., etc. This letter shall exph•e one (1) year frmn Che date of issuance if work has not begun. } i I ~~ F I I ~ ( '~~1 t ~ _ 'Y /// € i .~ ~ H~ 1. r~ ~I 111 ~~' ~ `E ~, ~ !~ I~ ~~ li I ~ I €' f~yp f I 1 li ' AL C ~1'I I I'B ~ \ ~I I 1. (y1 I I yG a ~I~ ~ i~a (~ ~ f 1 I/ I f'. I. /! I m J</Y Y' 1 /I I ~. I r3A. 1. II i€ g I j/ 1 I I I / l/ I j I I{ L ~ (ll ~ j 1 $' I I iN ~~~ ~'~ ~~ I I I d8bV9 ~ # .e x p} i .^ ~s `ye seq. ~~q ~ ova E If.i sgr ~a`s~I€3qi;}yg ~~ ~?€ ~ UVNU ~ eqq3 ri ~~ ~ ii 4~~~g it e~i a~, is ~. S~i,~o f 1 $~3~~~H i 5S: ~~ 9et's;i al i9 ;;i i€3(3F ;;* N i ~ 1 gs °' "~ifi s€s `a:y g: a3S if ~ a €\~ ~ ~~~~ d dl' ~ -Ji 7. ~~}v~s t' i ~ w§s ~~ ~ ~~ I ' i 1 is~;;id paa ;igii`; ~s: ~ t ~~€~~ a g ~P~~ € '~$ ~4i~°F~~°€Y asd7g € ~ I 6 §S~~ a ~ E i e 1~~ 3 €~`@iA z )€ ~ a 9 se~8~.e~$5g 44:~ ~ '°§~9a~~~:wwa~~n:.waaww e7o tp f ~ ~ s= wa°aw~n o ; ~~~Eaa3~e~ $~:§ ~ p~$~~a°gg33°{gs ~5~ae€€~ €€€{€ m s s :, ~ ~€ [ ;, 3 ~~s 'ME.PeIDl'Ax ID'A~(O ~ ~ a~ 1~y~ E ~~ ~. ~ ~ ~ ilia ,~=~_~ o e~ m a g g~ ['z z ~ a 3 € ~ - ~ ~ a i 3 E 3Si,$~ x ~t4t5 6$ n 6€ • ~'s ~ ~ zip e ~aa¢~ $ sq 94' ~ ~~ ~6~ ~¢ ,~}li S~ 'F P 5 ~ ~ 9~ ~" ~ S t $ 5~ { ] P~~ g i ~ 53 G n Z -~ D CITY OF MERIDIAN Planning & Zoning Departtr}eut 660 E. Watertower Ln., Ste. 202, Meridian, ID 83642 (208)884-5533 Phone/(208)888-6854 Fax CFRTTFT['ATF OF 7.nNTNG C'CIMPT,TANT'.F. ((17.(11 APPTdCATTON (Section 11-19-1, Zoning and Development Ordinance) PRO7ECTNAME: Sevoy Antiques Gallery Richard Childress /Point Architects ADDRESS: 5072 North Marsh Ave, Garden City, ID 83714 PHONE: 208-284-2999 FAX; 208-853-1765 ~J`i9 ~' ~2 i~~ OWNER(S) OF RECORD: ADDRESS: E-MAIL,; rich@pointarchitects.com Paul Sevoian PHONE; 208-888-3399 FAX; ARCHITECT (IF DIFFERENT THAN ADDRESS: PHONE: ADDRESS, GENERAL LOCATION OF NW Corner of Fairview and Barbara TOWNSHIP, RANGE, AND SECTION: 3N 1 E06 DESCRIPTION OF USE: E-MAIL: E-MAIL PRESENT ZONE CLASSIFICATION: C-G I Richard H. Childress , do hereby afSrm that I will agree to pay any additional sewer, water or trash fees or charges, if any, associated with the use that Uwe have applied for, whether the use be residential, commercial or indusn~ial in nature. Furthermore, I have read the information contained herein and certify that the information is true and correct. ,. / F ppphcant's igna[ure) (Date) furniture showroom and Rev. 11/03/03 City of Meridian Planning and Zoning Department 660 E. Watertower Ln., Ste 202 Meridian, ID 83642 Planning Staff, Apri14, 2005 Please accept the attached application package for Certificate of Zoning Compliance (CZC). Please note the package includes a reduced site plan dated Octover 17, 2004 as well as letter from Anna Borchers Canning dated November 2, 2004. The letter states that your department would allow alternative compliance for the October 17, 2004 plan. But that a compldte application would heed to formally submitted to receive a CZC. PROJECT INFORMATION: Name: Sevoy Anfiques Gallery Location: NW Comer Fairview and Barbara. (3N1E06) Parcel #I: 51106347050 Zone Classircation: C-G USE DESCRIPTION: The proposed building will be an antique furniture store. Anflques will be received and stored/"warehoused" on the upper level and displayed for purchase on the lower level. There will be additional window display in the glazed bays shown on the plan. Per the City of Meridian's requirement a 10' wide paved walking path has been included in the site improvements between the building and Five Mile Creek. Please do not hesitate to wntact us if you need more detailed explana5ons or more information. Sincerely, ~~ Richard H. Childress r.,... z ~3 ~ ~ '".x~ , ~M.~,.., ~~~ 5072 North Marsh Avenue Boise, ID 83714: :p.208.284.2999 f.208.853. 1765: :www.pointarchitects.com (~ ~ IRRIGATION PERFORMANCE SPECIFICATIONS PI;R ORDINANCir 12-13-8 NozE: Suhmi[ 3 copies of this contpletedfarm with any application for Certificate ofZonir:g Compliance (CZC). Project Name: Sevoy Antiques Gallery Note: Specifications: Per 03/23!2005 phone conversation w! Steve O'Brien from Meridian Public Works Dept. Irrigation Available Gallons per Minute: vtater shall be metered seperately from domestic water and connection configuration will be mutually Available Water Pressure: -determined during his plan review process. Point of Connection (describe and/or submit a site plan): Primary C'nnnertin»• City of Meridian e Sernndaty Cnnnectinn• Landscape Area: If the irrigation system is hooked to City water as a primary or secondar y water source, submit the square footage of Zandscape areas to be in•igated.• 3876 s.f. Backflow Prevention A backflow prevention device must be installed as required by City Ordinance 9-3. C'nveraQe The irrigation system must be designed to provide 100% coverage with head to head spacing or triangular spacing as appropriate. Matched Preci»itatinn Rates Sprinkler heads must have matched precipitation rates within each control valve circuit. Tn•igatinn Tones Sprinkler heads irrigating lawn or other high-water-demand areas must be circuited so that they are on a separate zone or zones from those irrigating trees, shmbs, or other reduced- water-demand areas. nvTc»ray Sprinkler heads must be adjusted to reduce overspray onto impervious surfaces such as sidewalks, driveways, and parking areas. P.ev. CI/03/03 Additional Irrigation Notes: Trriua_p Linn Rear ii'rerl All landscape areas regulated by the City Landscape Ordinance (12-13) shall be served with an automatic underground irrigation system. Additional requirements affecting pressurized irrigation systems can be found in City Ordinance 9-1-28. Trrigatinn Water Sonme Use of non-potable irrigation water is required when determined to be available by the City Public Works Department as regulated by City Ordinance 9-1-28. If city potable water is used, a separate water meter is recommended so the owner can avoid paying sewer fees for irrigation water. Potable water shall not be used as a primary irrigation water source on non-residential lots with more than '/z acre of landscaping. Year round water availability is also required by connecting to city potable water or an on-site well as a secondary source. Certification: l Richard H. Childress , do hereby affirm that any irrigation system installed for the project mentioned above will be designed and installed in compliance with the specifications and notes stated in this o :-~ ~~ Applicant's Signatw•e Da 2ei~. I lR)~/03 Jan 28 05 11:47a SEVOYANTIQUES WHSE WHILE "_ ~, .~ ~, ll +'a ~~ J7~~C) ~lf1C~ +% . 111111 A Pionar Company PIOA1EEIt TIT1E COMPANY OF ADA COITPi'i'1.' 8751 W. Rifleman Ave. /Boise, Idaho 83704 (208}377-2700 r` 2088980707 p.1 BO E ioAtm 12122104 04:3Q PA9 ADdcoul~n~RECORgERd.DAYID III IIHIII~NIIIIIIt{IIIIIII~INIItII DE isannht Ohetbillig DED-REDDEST OF 1641f~2261 Plo eea' WARRANTY DEED For Value Received Frankluo Building Supply Company hereinafter referred to as Grantor, does lxereby grant, bargain, sell, warrant and convey unto Paul Sevaian, an rrnuxatried man 6000 w. Overland Rd. hereinafter referred to as Grantee, whose current address is Meridian, ID 83642 the following described premises, to-wit: SEE EXH]BiT A ATTACHED HERETO AND MADE A PART HEREOF, To HAVB AND TO HOLD the said premises, with tixeir appurtenurces unto the said Grantee, his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that Grantor is the owner in fee simple of said premises; that said premises are free from all encumbrances except current years taxes, levies, and assessments, and except U.S. Patent reservations, restrictions, easements of record, and easements visible upon tke premises, and that Grantor will warrant and defend the same from all claims whatsoev«. Dated: December 10, 2004 ~~ta kl ~l~~ilding Suppl GI .~~iC"l~l { v tr•tL~ !'mss to STATE OF IDAHO, County of ADA, ss, ~ r+ On this r~ day ofNauem~; m the year of 2064, before me the undersigned, a notary public, personally appeared " N tc4-~° -'i 1 [ ~ ix~:" ~,. _ lrnown or identified to me to be she ~.` i-"?'<<>rwr.;u"i"- of the corporation that executed the instrument or the personlpersons who executed thesnstrument on behalf of said corporation, and aclatowledged to me that such corporaton executed the same. ~~~ -. .. - _.. ~.---`.. ~A.. :A tiN .+ «t~ AOp COUNTY REC0R0ER a.tpvinR'wa~RO FEE DEPUTY 1999 JA-5 PH 12+1i0 99001447 FIRST AMF.R iCAN QUITCLAIM DEED FOR VALUE RECEIVER, EAST' VALLEY DEVELOPMENT, INC., does hereby Convey, release, remise and forever quit claim unle FRANKLIN BUHAING SUPPLY CO., 11700 Franklin Road, Boise IA &1709 the grantee, the following descrihed real estate, to-wit: SEE ATTACHED EXHIBIT A This Deed is m absolute conveyance of ti0e, in effect es well as in fomr end is not intended as a modgngc, wst mnveyeace, or aecarily of any kind. 11ic cansideretion herclofom existing oo account of the Deed of'1'cust an said Imd recorded as Inswmeo[ No. 97034205, records of sail County, This Deed wmpletely satisfies said Deed of'IYust and Note secured Wemby, a~ any efeecl thereof in all respects. together wish their appurtenances. EAST VALLEY DHVHLOPMENT, INC. l /... /~ ~/ sY4 I SIA7T3 OF .T~A11o ss. COUNIT OF QD A On Wis ~ day of ~~~er'~19~ befom me, a Notre' Public m mid for snid Sfntc, personally appcarcd'Le,.. U u cfwn G known to me to be the I'f'CS td~¢WI~ of the rutpomtion That executed f6is instrument or the person who eaecuted Ore inshumem on bchaB of said corporation, and acimowledged la me that such wrporeHon executed We same. IN WI'CNI?g5 WIiEREOF, I Have homunto set my hand and offixed my official seal, tlm day and yeaz in this certificate first above wrinen. Notary p Bc Residing at,gvf~ Commission expires: o9~ZZ~o3 FA-6689 q ~h First American Title Company of STATE OF IDANO COUNTY OF ADA ss. On this 23rd day of December, 1998, before me, a Notary Public in and for said State, personally appeared Kem Marshall, known to me to be the President of the corporation #hat executed this instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed tho same. IN WITNESS WHEREOF, I hava herounto set my hand and affixed my official seal, the day and year in this certificate first above written. mr ~ . P ,4tiC4'.-w°.., ~Lf~~,, b * vyorgRrti~ ota Public g.~, 3 ~ E Residing at Boise '~t/HLI~' ,r Commission expires 9/22/03 N g e` 0 Ff}-tz(v84 A ~p l ~ ~ EXHIBIT A ATTACHED TO WARRANTY bELD The land referred to in this commitment is situated in the State of Idaho, County of Ada, and is described as follows: Beginning at the South Quarter cornier of section 6, Township 3 North, Range 1 East, Boise Meridian, Ada Caunty, Idaho; theac® North so.o feet to an irom pia on the Northerly boundary of U. s. Highxay 30; thanae eauth B8°52'3010 Weet 300.00 feat along the Northerly boundary of II.B. Highxay 3o to a point, said point being the REAL POINT OF BEGINNING; thence continuing South ea°52'30" West x26.20 Pent to as iron pin on the-Nort$erly boundary of A.B. Highxay 30; themes North 27°20'00" West 75.56 feet to an iron pia; t$amce Nort$ 33°57'Op^ East 100.31 Peat to a poiat;~thence North 98°52'30^ East 105.00 Peat to a point; thanae South 150.00 feet to the POINT OF BEGINNING. EXCEPT ditch and road rig$ts of xay. T UST OFFICER FA-6649 ~~ N (~j ~ t(~ ~ ~ C ~ ~ L Ld ~ aY v ~~~ '~ -p N aD d d•r: Q7 ~ O LL o ~ ~ U ~~ ~ '' C 7 1' ¢T F-- ~ ~~ t2 c ~ ?- .~ ~~ w~ J ~~ ~~ {~ ~ ~~ we ~~ ~7 C( a'~f ~ _ . ~, 1-- ~ Z LL S 0 ~- ~ p ~ o ,y U o W ~ II t!~ Z :-~ u d d f ~ 9~ d ~ ~ r~,.~ ,i w ~~~ a• y~ `6 7.A ~C)drl S~~TA?i~S 1<Nt71 TNtiS 7.GRGRAR GF. :7 T. RRR7IbR /bGi N N m `•~U7 N ~ ~ ~ ~ W O LV ~ d O..F h LL f.R ~htlrl S~7Tf1N3S ANk11 TNtfS 7,4RGRSiR c LLI ~ J ..J 4~ C7 ~ ~~ a wc~ ~ ~ ~s Cs ~ ~ ~ ~o ~~~ 4 0 3- ~ a q `~ ~ U II W Va Z 9F. :7 T. 9RR7/bR/bR ~~ _ ~ I € ~ a i~ r m N ~ ~ ~' i m ~ ~ a i 3 ~ ~ o o ` t ~ r I b .a '~ ru O r79 ~ I: O a E `~ g ~ c M a m ~ ~ a i N ~ ~ ~ F U ~ F ~ ru p- wm S<M wq~ ~Y m O VNm V $ "a ¢a°' m Zzui Ooo O~ ¢°x ... o •• a~,m ao k - CITY OF ~~ ~ C"2...a r.._.,. ~~~ ~~ C~Yl~1cn 33 E. Idaho Ave. ~~y Meridian, ID 83642 i\'~ ',.i ~... cuv ~, n_k"i~ i^. r~,~:h, ir,~d ,. ,a ~'~, C......,. is I~,, ,.,...,:r.~.,I:,,~~ .., .., ^r~r.- ,n i~i,:n~, ~,,~ ';..,.n,: =P,U i ~.-t o.~n r[ I .un.~ ,, I . ,. ,; ~ ,.; , r;~i~„ II~Ii ~~.~ ,'; a;.: r~1: re; ,-r L.~,., ,;. nr :dn •.n., r,ki,; ~, ,:m,.~ _~~~n ~;~~ ~~ „~.,~,I ~~rr t~,,.,, ~.~~-i i ~ ~~~tr.:r t.,~,,.~ ;~~ `,~ i~ .. -.. ~ ..: i r., ~~~^ ,, I , Novantbt;r 2, ~O(34 ?vir. Richard J t. ChiPdress Point Architects Sf77p t'Jarth Niarsit Avc.nuc Ikear Ntr. ChiCdress: phis Better is in i°rsponse. to you ret{uest For aaBternative compliance measures Foe a retail buildiu~k artd site in7pr+rvcvneat peuUoscrl for your elienf's property at the rtattltwcsi corner of Faievrew Avenue and Barbara C")riva;, In sunttst.ary, }will grant your r°ee7uest far alternative eoletpliancc_ Y'nu requested a width r==duction elf the recluised land tsse brrtl-i,r (M.(;.C', i2-}3-tu) wltach septtrttees your proposed re€tii9 deuclopntenl front the Ie:a irttertsc resid¢,ntial €tse to rite rtortlt fore s}tecitcaily, you peopose .3 5=Foot landscape I~tufi~r alonU She north }teoprxlty line which incarporat~ a 6~foof ta11 ctairied cedar fertcc and rniscellmteotts planfinps. Also, trite pathrarsy aloatg hive Il9i9s C;rs.cl: wil6 not bu reduircd to have a _s-toot. 3ands~~ape buEier due to sp~aiial cortstrtaints (Iv9_C..C. I2QI3-12=t). 'Ihe infun9 of t6c alternative cam3alianue section is fo ettcautat~e creative solutions to land use; problems. I he City seco};nir_es dtttt rite spcci9"ic rcgttirements of Rha. landsua}7e ordinance rannat and do nat anticipate alt possil.7lc landst.ape siiuafians. lrt addition, floe C'ily recognises tttat tltertr Wray be iandscxpe proposals which confo€nt to the pur)tose, intarrt, and ot3jectivcs uF rite Ianclscape urciiuancc, but were not anticipated in the specific rc~'latians. City Stall' Snds that the ttlkrwittg, conditions exist on the subject property 1) topo~naphy, soil, ve~eYation, ttr ofhee site conditions are such that fidl compliance is impossible ar Impractical; anc} 27 Utc: si€~ utt~olv'cs Space, Iimita[ions cx an unustcally shaped lot. [ he division ofthc property by Pivc i~dile Cree4c, along with 9}ae correspvndin~ cast;luic:nt, creates unique. spatial a:anstrainis whic6t md<e. €itll caittplittnce impractical. Stsail~ ztlso finds drat i4tc additir>nal Iandssa}alttg alaeag Fairview A~,~ct-rue will it< oi'°laenetrf ttt the E;ity. I iTl .J -.i. .,. „,i~' 11~ VL';i .'~,1.1 AI I[ At! ItIU°\N IY:~IIi) ,~; 1'rt~t i u ,~,., '43;d tv9r. Richard Fl. ('Itildress ?Vovr~mher 2, 2004 Pafc Z of 2 4~Ietise be aware that the iniornuition prcrvidetl on the site plan was htsuthicient for a aontplete analysis oC compliance with the Larsdscape Ordinance (M.C'.C. 12-13). At cite tiurc pf appiicatic+n For a Certiti~ttc of'Loning Compliance., st nioea detailed landscape plan will be required ft7r approval. I eam7~t draw any firm conclusions (cool the site plan provided, but it appears that tlreru arc conifer trees propasetl li>r the street hutl~ea' alranu Barbara f)rivc antl T cannot detem7ine ii' the sigh9 u5angle requircmcuts ai thh roadldrivewa}~ intersection are prop=idcd. ISlease ensure that the iatndscapc plan suhmined at tite limo ryF application for Gcrtificate of Coning Conrpli<utec addresses the following items (but nal limned w): number, spc<~es, spacing and siie of plantings praposecl; cmlring; sight triangles; drainage; irrig~~tiorc maintenance; and preservation of existing trees, if applicable. Clivera the site cimstraints on the propar~,y, I will ~qr,-tot your requast far alternati~~n c<implianee. Please foci free to call me at RR4-53~~ with any questions or concorns, Section I I~ 1-11 of the Meridian City (~oelc allows any aggrieved person to appeal tltis decision. All appvels shell be filed with the hACritlian Plannint; andloning TSepartment tvilhin litleen (i 5) days after the elate ol'this letter. 1 r timUratr Y. , V 't ~' ~j{t ~ r ~ 41tf ~l l"1 t 4~Y ~ ~-~ :tines f#~eir44ah~rsllf.arrrnt~s~'AICP €'lanning Director LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this day of , 2005, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho. party or parties of the second part, hereinafter referred to as the "Licensee," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the Licensee intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance Licensee's pathway planning though early consultation between Licensee and the District; to establish a process Licensee's submission ofpathway requests andthe District's consideration ofsuchrequests; and to provide the general conditions for the District's approval and authorization ofpathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to Licensee the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of a license agreement for each proposed crossing and encroachment; and, WHEREAS, the Licensee is the owner of the real property easement /right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation ditch or canal known as FIVE MILE DRAIN (hereinafter collectively referred to as "ditch or canal") together with the real property and/or easements to convey irrigation water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property ofthe Licensee as shown on Exhibit B attached hereto and by this reference made a part hereof and, LICENSE AGREEMENT -Page 1 WHEREAS, the Licensee desires a license to perform or authorize construction to have a pathway within the District's easement for the Five Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration ofthe premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. Licensee may perform construction involving the paving of the pathway on the north side of the Five Mile Drain, within the District's easement for said drain, located northwest of the intersection of Fairview Avenue and Barbara Street in Meridian, Ada County, Idaho. 2. Any construction within the District's easement shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this License Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result ofthe provisions of this License Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties 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. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: Its Secretary LICENSE AGREEMENT -Page 2 THE CITY OF MERIDIAN ATTEST: STATE OF IDAHO ) ss: County of Canyon ) By On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte S. Janicek and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN W ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO ) ss: County of _ ) Notary Public for Idaho Residing at Idaho My Commission Expires: On this day of , 2005, before me, the undersigned, a Notary Public in and for said State, personally appeared and , lurown to me to be the and respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such 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. Notary Public for Residing at , My Commission Expires: LICENSE AGREEMENT -Page 3 EXHIBIT A Legal Description In the South West 1/4, Section 6, Township 3 North, Range lEast, B.M., Meridian, Ada County, Idaho. EXHIBIT C Snecial Conditions a. Construction and location of the pathway shall be in accordance with Exhibit D-1, attached hereto and by this reference made a part hereof. This plan has been delivered to the District's water superintendent, is in his possession in his office, and is hereby incorporated by this reference. b. The District's easement for this section ofthe Five Mile Drain is 100 feet, 50 feet to either side of the centerline facing downstream. Construction shall be completed not later than one year from the date of this agreement. Time is of the essence. LICENSE AGREEMENT -Page 4 Exhibit B 5 S H ~ ~ ~ g ~ e ~ ~ q~~~ e e 6 a e~g~3g P F ~ Y Y y~ pi 9 fl 1 R LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this .day of , 2005, by and amongNAMPA &MERIDIANIRRIGATIONDISTRICT, an irrigation districtorganized and existing under and by virtue of the laws ofthe State of Idaho, party ofthe first part, hereinafter referred to as the "District", and PAUL SEVOlAN, an unmarried man, 6000 W. Overland, Meridian, Idaho 53642 party or pm ties of the second part, hereinafter refen'ed to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owmer of real property (burdeaied with the easement of the nivtrict hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the ditches or canals knowp as the FIVE MILE DRAIN (hereinafter referred m as "ditch or canal"), an integral part of the District's irrigation worl~s and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch in' canal, and access the ditch or canal for those proposes; and, WHEREAS, said ditch m' c~mal apd easement crosses and intersects Licensee's real ],property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, Licensee desires a license to engage in consh~uction or activity affecting said ditch or canal nr the District's easement in its course across the lands of the Licensee in the manner and under lhr terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the Districtprotecttts ditches and its right of wuy along its ditches; NOW, THEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and conditionshereinafter set forth, the parties agree as follows: I. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the planner generally described in the "Propose of I.iccnse" attached herelaas Exhibit C and by this reference made a part hereof. Any modification of said ditch ur cansil by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordapce with the "Special Conditions" staled in Exhihit D, attached hereto and by this reference made a part hereof. This agreement pertains roily to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the proposes and in the manner described herein. The Licensee shall not change the location of the ditch oreanal, bury the ditch or canal in pipe, or othena~ise alter the di lch or canal in any manner not described in this agn~eemcnt without first obtaining the written pormission of the Dish ict. -1. Each facility ("facility" as used in this agreemenC means any object or thing of any nature installed in or on the District's easeurenl by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, andrepaired atall times by the Licensee atthe cost and expense of the Licensee. d. Licensee agn ees to construct, install, operate, maintain and repair each facility and conduct its activities within m' affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. anintenuptionorinterferencewiththeflowofirrigationwaterintheditchorcanal or the delivery of irrigation water by the District; c. an increase in seepage or any other increase iu the loss of water f om the ditch or canal; d. the subsidence of soil within or adjacent tathe easement; e. any other damage to the District's easement and irrigation work. 5. The Licensee agrees to indei~ify, hold hamrless, and defend the District from all claims for damages arising out of any of the Licensee's consh~uction a activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4.e., or any other damage to the easementand irrigation works which maybe caused by the conch uetion, installation, operation, maintenance, repair, and airy use or condition of any facility. G. Licensee agrees that the wort: perfornied and the materials used in such construction shat I at all turves be subject to inspection by the District and the District's engineers, and that final acccpWnce of such ~~~ork 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 tmreasonably withheld. 7. The District reserves the right, at the District's option, to remove any faci lity instal led by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the easement thereFor which does notcomply with the teams ofthis agreement, and to remove any impediment to the tlow oFwater in said ditch or canal and any unsafe condition or hazard caused by the Licensee, at any time, and the Licensee agrees to pay to the DisMct, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in anyrespectto properly maintain and repair such facility, then the District, at its option, and without impairing or in anyway affecting its olherrights and remedieshereunder, shall have the right to perform the necessary maintenance and repairs and the Licensee agrees to pay (o the District, on demand, the cost or expense ~adrieh shall be reasonably expended or incurred by the District For such purposes. The District shall give reasonable notice to the Licensee prior to the Dish iet's' perlbrming such maintenance, repair or other work except that in cases of emergency the District shat l attempt to give snob notice as reasonable under the circumstances. Nothing in this parabTaph shall create or support any claim ofany kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and Licensee shall indemnify, hold harmless and defend the Districtfrom any claims made against the District arising out of or relating to the terms ofthis paragraph except for claims arising solely LICENSE AGREEMENT -Page 2 out of the negligence of the District. b. Neither the terms of this agreement, tl~e permission granted by the District to the Licensee, the Licensee's activity which is the subject of this agreement, nor the parties exercise of any rights m performance ofany obligations of this agreement, shall he construed or asserted to extend the applicatio^ ofany statute, rule, regulation, directive or other requirement, or the jm'isdiction ofany federal, state, or other agency or official to the Dist~ict's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply with any such requirements or is subject to the jurisdiction ofany such agency as a result of execution of this 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 a,~eement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this agreement 9. In additim~ to all other indemnification provisions herein, Licensee Further agrees to indemnify, holdhannless and defend the Districtfrom 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 negl igent ^cts or omissions ofLicensee ar its agents, conh'actors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shalt not be liable for any damages which shall occur to any facility, sh'ucture, plant, or any other improvement of any ]rind or nature whatsoever which the Licensee shall install on the said easement area of the Dist'ict in the reasonable exercise of the rights of the District in the course ofperfom~ance ofmaintenanee or repair of said ditch or canal. The Licensee further agrees to suspend its use of the said easement area when the use of the easement area is required by the District for maintenance or repair under this or any other paragraph of this agreement. 1 1. Licensee shall place uo structures, pathways or landscaping ofany kind above or ~wi(hin the District's easement area except as refen'ed to in this agreement or exhibits hereto without the prior written consent of the Distipt. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, consh'uct or place arty structures, pathways or landscaping wiHrin the Dist'ict easement without the prior written consent of the District. 12. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this agreement, whetherby instihrtion of suit or not, the party rightfully en forcing or rightfully resisting enforcement of the provisions of this agreement, or the prevailing party in case suit is institu(ed, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other part}~, 13. The partieshereto understand and agree that the District has no right in any respect to i mpair the uses and pwposes of the irrigation works and system of the District by this agreement, nor to grant any rights in its inrigation works and system incmmpatible with the uses to which such in~igation ~a~orks and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 14. Nothing herein contained shall be constzied to impair the right of way of the District in the LICENSE AGREENIENT -Page 3 said ditch or canal and all uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation water. 15. h~ the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions ofthis agreement, the license of the Licensee under the teens hereof may he terminated by the District, and any facility, structure, plant, or any other improvement in-or over said ditch or canal, and the right of way therefor, which may impede or resh~ict die maintenance and operation of such ditch o canal by the District nth its equipment for the maintenance of its said ditch or canal may be removed by the District. 7 6. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District orby the engineers for the District in connection ~o~ith the preparation of this License A~Teement or in coimectioi with negotiations covering the terms and conditions ofthis License Agreement. Licensee also agrees to pay any fees incun'ed in connection with the recording ofthis Agreement. 17. Notlung in this agreement shall create or support a claim of estoppel, ~a~aiver, pres-m iption or adverse possession by the Licensee or any third party against District. 1 S. This a~eement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of thisagreement is determined by a court of cmnpetent jurisdiction to he invalid or otherwise unenforceable, all remainingprovisions ofthis agreement shal I remain in ihl I force and eflect. 20. The word "Licensee", if used in the neuter in this agreement, includes l9ie masculine and feminine genders, the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants Io run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties 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. NAMPA & MERIDIAN IRRIGATION DISTRIC'C By lts President ATTEST: Its Secretary LIC'INSE AGRI:PMGNT -Page 4 PAUL SI:VOIAN, a^ unmarried man, aul Sevoian S"GATE OF IDAHO County of Canyon S5: ~(i~ On this ~~'j day of ~'~~ 3005, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte . Janicel: and Daren R. Coon, Icno,vn to me to 6c the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRTCT, the in igation district thatexecuted the foregoing insh'ument and aelmowledged to me that such irrigation district executed the same. IN W ITNESS WFIEREOF, Ihave herewlto set my hand and affixed my offioial seal, fhe day and year in this certificate first above written. i~ J otary Publie for Idaho Residing at r~~„h„ N[y Commissimi Expires: STATI3 OP IDAHO ) )ss, County of~ ~ ~t l_. On this r day of ~ I e f , 2005, before me, the undersigned, x notary public in and for said state, personally appeared PAU SEVOIAN, Imown to me to be the individual that executed the foregoing instrument, and aclmowledged to me that he executed the same. INWPPNGSSWHEREOF,Ihaveherermt setmyhandaudaffiscdmyofficialseal,thcday tuxl year in this certificate first above written. +C r~~ _... ,_ ~.4 ,~~ ~~~ ~°6. ~s~4-a ~'f-: h €~4Cy?`I~~w ~'R t'Ie~Gy~ti~..w (Y 8FR ~1~EaJ t'(~R~~E ~'9n. ~.! Notary Public for _x/11-~~- Residing at Yl ~!_~_~L4--,-^{ ~ My Commission I?cpires: ~??-l~v~_.tX `~ LICrNSI AGRI36MLNT -Page ~ Exxlsrr c Purpose of License The propose ofthis License Agreementis to permit Licensee to construct and install a ten foot wide pathway parallel to the Five Mile Drain, which overhangs the banl: of the Five Mile Drain and within the Districts easement for the Five Mile Drain, al] within Licensee's propert}~ described in Bshibit A, located northwest of the intersection of Fairview Ave~iue and Barbara Street in Meridian, Ada County, Idaho. EXHIBIT ll Special Conditions a. Construction shall be in accordance with ExhibitD-1, attached hereto and by this reicrence made a part hereof. b. The Licensee recob*~~izes and aela~owledges that the license ~~anted in this agreement by (he District pertains only to the rights of the Districtasownerofaneasement. TheDistricthasnorighiorpower to create rights in the Licensee affecting the holder of title to die property subject to die District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to die property. Should Licensee fail to obtain suchrights from iheholder of title to the property or should the rights ohtainud prove legally ineffectual, Licensee shall hold harmless, indemnify and defend the District iiom any claim by any panty arising out ofor related to such faihu~e ofrights and at the option of the District this agreement shall be of no force and effect. c. Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in aiiy form regarding environmental matters, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now mist or that may he implemented or imposed in the future. $y 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. d. 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 orprivate, with respect to environmental matters relafing to the subject matter, terms or performance of this agreement unless the District shall he solely responsible for the condition or actin=ity a~~hich gi~'es rise to any such penalty, sanction, directive, claim ,action or requirement. e. In the event the Districtisrequired by anygovernmental authority to acquire or comply with any permit or other operational requirements associated with Licensee's activity which is the subject of this agreement, Licensee shall indemnify, hold harmless and defend the District Corm all costs and liabilities associated with such permit and other requirements, inchidingbut not limited to all costs associated with all permit acquisition, construction, monitoring, h~catment, administrative, filing and other requirements. f. The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by dais agreement does notassume, create, or exercise legal or other authority, either express orimplied, to regulate cmltrol, or prohibit the discharge or conG'ibution of pot lutan(s or contaminant:t LK'GNSIi f\GRL GMEN"1' -Page G to the District's facilities or to any grom~dwater, waters of the State of Idaho or the United Slates, ur any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. The pathway consh~ucted by Licensee within the Districts easement, and permitted by this Agreement, shall be operated and maintained by the City of Meridian. An express condition of this Agreement, and the District permitting said pathway within its easement, is that the City of Meridian enter an Agreement with 8ie DIStI'iet in which it assumes operation, control and maintenance of the pathway. If the City of Meridian declines to accept the pathway and enter into said Agreement then said path~~my is no longer authorized ~a~ithin the Districts easement. h. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the Dish~icts easement, nor perform any construction or activity within the Districts easementfor the Five Mile Drain except as re£en'ed to in this agreement or exhibits thereto without the prior written consent of the District. The Districts easement for the Five Mile Drain is 100 feet, SO feet to either side of the centerline. i. Construction shall he completed not later than one year from the date of this agreement. Time is of the essence, LICL'NSE AGREEMENT-Page 7 ~x $r ~\ ®/ 3 ~ E'.; - ? 4 P gp ~ g{ ~ F ~~~~t i 6 ~ 8 i 4 t a a P OF' ADA COUM1TY 8151 W. Rifleman Ave. /Boise, Idaho 83704 (?08)377-2700 ~o~r.~urmR~oROERJ.g~viov~~o a~au~ ~.oa z g0 EIDAI~12122iS4 g4:~PM `ppkk ® t 0E ganele06ab(Igg ~~~) ~~ ~I1~01I~Iffi~~ ~9~~~~~ P~ Ef}-REQUEST OF 104162261 For Value Received Franklin Building Supply Company hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey urno Paul Sevoian, an unmarried man 6000 W. Overland Rd. hereinafter refezeed to as Grantee, whose current address is Meridian, ID 83642 the following described premises, to-wit: SEE EXHIBIT A ATTACHED H$RETO AND MADE"A PART HEREOF: To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, his heirs and assigns fore=rer. And E_he said Grantor does hereby covenant to and with the said Grantee, that Grrurroz is the owner in fee simple of said premises; that said premises aze free from all encumbrances except current years taxes, levies, and assessments, and except U.S. patent reservaiions, restrictions, ease, tints of recor+l, and easements visible upon the premises, and that Grantor will warrant and defend the same from a31 claims whatsoever. Dated: December 10, 2004 ~~ STATE OF IDAHO, Couaty ofADA, ss, Onthis r f da of~Dlax~.eta~i} in th6 CE y year of 2004, before me the undersigned, a notary public, personally appeared i=:,cis Y .: ;;I .[ ~ i .i.:' G_. lmown or identified to me to be the 1,' .c' ` y-~'=`~.i~e•:~-I•- of the corporation that executed the instnnnent or the person/persons who executed the instrument on behalf of said corporation, and acknowledged to me that such eorpomtion executed the same. /~ . __ - .... f ~ ~-: -" niarrai._ Hottendo~ Exhibit A, page 1 EXHIBIT A ATTACHED TO 47ARZ>,7~7PY DEED The land refezred to in this cor>ffiitment is situated in the State of Idaho, County of Ada, and is described as follows: Heginninq at the South Quarter career of Bectioa 6, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho; thence North 50.0 feet to as iraa pin on the Northerly boµndarp of U.B. Highvap 30; thence Bouth BS°52'30" West 300.00 facet aloag the Northerly boundary of U.B. Highway 30 to a point, said point being the REhi, POINT OF HEGINbIING; iheaca continuiaq south ae°52'30'° West 126.26 Peat to an iroa pin on the Northerly boundary of II.H. Highvap 30; thence North 27°20'00°° West 75.66 feet to an icon p in; thence North 33°57'00" Eaat 1001.32 fC?t to ~ point;~thegCe North 88°52'30'0 -East 105.00 feet to a point; thenCe- Houth 150.00 fast to the p6INT 6F HEGIFr'ATING. E%CEPT ditch and road rights of way. T UST OFFICER FA-6689 fi 4'v Exhibit A, page 2 ,. r~ ~.f: ~:,~ - Exhibit B . ;::~ ~ o ~~ ~ N® ~ T ~ m ®m 'fl y N O ~ m W ~ 1 ® 5 ~ ~ 'o m D °~ Z °pL o a_ p m f2 a m m 1~ 'a ~ a a~ om .. m~~ q ~ ~ z ~ oa t 0 ~ m ~ O O ~~'m y o 41 p () p e a ? S a N D ~ C! A m m~z a® O ~ s p ha Npm~ a m 4 O p g m 4f 1: v I~ it ~-s- -- I I Y ' ~ W ro -* o ! v ' ~ m ~ ~ o ~ g ~~ y~ >~ A C ~~ a rpm m ~~ ~ o~ O ~ z m A ~ N W m ° r n m g a ~ m °9 $g ~ gr m 'a 'ii m m v ai p A C P Og s O p g F N ~ ~c m 0 O y v ~i ry j O m 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-4630092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 10 July 2006 Richard A. Childress 5072 N. Marsh Ave. Boise, ID 83714 RE: Sevoy Antiques Gallery Dear Richard: This letter is afollow-up on comments received from Nampa & Meridian Irrigation District's engineers as well as previous meetings regarding this proposed project. The Kunz Engineering study (dated June 12, 2006) did not provide any additional information to ease the District's cpncerns regarding the possibility of erosion on the north side of the Five Mile Drain where the proposed pathway was to go. It is quite clear that the pillars do not interfere inside the flow. However the way the proposal has been presented recently, the building encroachment is still an issue. I believe there are several ways to deal with the District's right-of--way issue as well as addressing the protection of the north bank. Mr. Sevoy indicated, to me, that they will submit another plan he believes will resolve the District's right-of--way issue as well as stabilization. Therefore I will make no further comment until such time as I hear from you. Page 1 of 2 APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROTECT RIGHTS - 40,000 Mar 13 07 06:44a Randy Robbins 2059388702 p.1 Office: 208-938-$701 Fax: 208-938-8702 ~YIC. Mash 6, zao7 R~lr'. Richard Childress Pointe Architects 417 Remington, #3 Garden City,Idaho 83714 Re: Multi-use pathway at--.Sevoy Antiques Gallery located at 650 E. Fairview Ave., Meridian, Idaho Dear Richard, As requested, our total cost to complete construction of a 10' wide asphalt multi-use pathway in the south west quadrant of Sevoy Antiques property extending the length of the area indicated on the drawing entitled "Landscape Plan" and dated 02/14/07 is $1,875.00. This would include approximately 525 square feet of compacted 2'/=" asphalt paving aver ~" of compacted gravel base and grading as required. Please contact me if you have any questions. Sincerely, R Squared Constructi n, Inc. r 1.. -' _ rran ~Ilway Vice President P.O. Box 2018 Eagle, ID 83616 ~~4 ~~o ~. ti! 3 s ee Ea a ~ ~E < @ s a ~ j ~ E S e ' ~ a a e : , : . , . e ~.j ~ . . ~ f 3€a$z~z{e34~6 (p gaa n ~~ ~`qA~'d§R3•S ~S o qt~E@~~AW~~~~ei -~ @: ~~2ag~ ~ .~,~~ w a ~~}¢ ® ~~ ~% ~ e~ 9~ 6~~i i4i, [~%si a=jg~}}It ii qi 9~m t 3 Rio ~i,'~E~ ~ ddb ` g C(( % i3a i i4±gL t g' i i ~° ~N p 5 >~ ~' ~~ s ~ ~~~ ~~ ~ ~~~ ~~ ~~~ 3~ m~ 0 3e~4 ~ ~ ~g~ ~ ~$°~~ ~~ 3 ® ®D € ~ ~~ i ~ °q " ~ y~ i d `1 9~° a " ~~ ~ I g i ~ :, as}hI.. E € @$ ~ ~ ~ ~ ~~~~ ~~ .~ 9 # ~ 3 f 9~' r E ~ I v ~ ~: ~ ¢~ ; ~. p~ & € Stt ~ ~ ~~~ ~ 2 y y @k ]G3 4 y /'~~ a (' ~ /~~ a n a' kk rh y 4 '4 i(r 4 ,,~ ~ y'n ~ w 1~ t 1 i #F $ E 9 22 d p V '_Y'" 1 c, .... 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J ~n a_ } Y{ ~~ 7 t~ ~ C~ ;-- ~ ~~ "v ~ ~ e ~ n~ ~ J t ^ 660 E. Watertower Ln., Ste. 202 Meridian, ID 83642 Phone: (208)884-5533 Fax: (208)888-6854 To: Richard Childress From: C. Caleb Hood, Current Planning Manager Fax: 246-5173 Date: 2-12-07 Phone: 284-5173 Pages: 2 (including this cover) Re: Sevoy Pathway Exhibit CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle •Comments Richard, I did the best 1 could at depicting where we would prefer a pathway easement on this site. Long story short, it should be at least 15-feet wide and go to the north side of the Jackson's retaining wall. There are a couple of comments on the exhibit as well. Please submit the revised CZC plans to me and I can add them to our file. I will need to have the pathway trust money and associated easement granted to the City before Sevoy occupies the building. Let me know if you need anything further. Thank you. C. Caleb Hood Current Planning Manager Meridian Planning Department 884-5533 7 ~ r ` _~ c, ~~~ t~ %s ,> ~' ~, C J ~: ( Y ~ _ ~ t _ ' `~ ~ ~ f~ li wv ~ x ~ 7 y _- J~ ~ , r X ~ C~> r ~ ~Y n /.. ~ ro / k 2 U y l- ` [v V r. J, ~: v <;. ~t,' C~ ". _~ .... i ~~' ~ r~ (~~ ~ 4. ham,, ,~. ?- ~ l~--Y ~ ~. /° ~ if 7 C ~. 1 - r I x` _ a J e t, ~ -- ~ ~., 'C, ~-. ~ '~" ". N j _ ...{.. (,, T l (= / ~~ r,~ ~ 1n,% ~c, i P =. ._.,.. ,. ~_ 4. ~ ~J . S " n~: ~ ~;- C ~c' r i f ~ ro ' ~ V 'S 4 ~ \ is ~ _- ~~ r-- y ~~ --__ `~". ~ (~. . N € ~ ~ ~~ ~ ° ~ ~ ~ ~ E 1' 8 ~- L ~ 4; P~ i6 J ~ e T n~ s{ , ~~> a 14 ai ~ #v ~ ~ ~' # t e ~~ ~ ~ e ® ~ 6~i agg ~ ~@~f~ 3 ~ ~~~~~ d &; yea ~ oG~~p ~ ~ ~ g I ~ ~~~ ~q X99 ° z a ~~ ~e~ ~ ~ ,Ji~~ ~i6i ~} ~~ ®~® 5 zk ca o£ k 5~ y ai ~ pp Q i ! i E{9 t4a ! ~~, 9 iw.}i ]is 6~i= .jf '° ~ t ilia. ep.ir[; ia, ~#t °i6 fs 8a a=i ia~`j ~~s'a~ ~kg 3i lq }§3$i~s%°!B gdgi6 sa?[3{if E}g:6~ g ~ tf~ ..~~b.~aS •E ee(Y ~~:a ; g E8 id ¢ °~ u N ~ ~~ ~: E $ a ~~~ E ~ ° i ~ as ~~ 0 ~i i~ t s 9 § p~~~=o g 33~ 3~ igaa a=S%p z@~ U e .~j~ §5a~§~sii4€~k w _ s ~ s j ~. i 's d ~.3a ~ ~ ' ~ j a a ~ ' ~ ~ ~ i f °~ , d * al ~ =t ;$ ii , e = e~ a{{ @ 2 .Z g E ~e ! i~ "f~ 99 , 3 ~~ L ~ s , ~~yy ` ~ ^a~ ~ a 3 ~ ~~. ' -a® 81F ~ 8 ~ 95. E X6 ~ le 6 .Y8 C o ® z A 'e I~ el ~J4(b4(1db5 1'L:;iS tikiki5J5'L SAN11AkY StkVl[;tS kAGt b'l m p ~ ~_ `~'~ -O c~riN~'~s .m W ~ N ~ 3 ^J C!! ~?~ ~ ~ ~ N N II 0 t°1P "~ 9 r" ye"' 'O , .C 9 . ~ O, ~~ t'~ ~ ~•~e ~ ~ ~ r H h 4 %. ~ m ~ ~' P ~ ~ r ^ A A A 2 (n ~m nc 4 O ~ { O ~. N Z ~p ~c m ~m a~ w ~ m A m r ~r ~, m a: ~ >v -f L00 d9 i00 ~~9V1 i50S~PF9 ~~,~. xw3 ;:{OV3 TM /,5%5 990Z(P/p b4/b4J'Gbb6 11::i5 F;tlki5b61 SAN11AkY StkVl(;t5 kfllit b'u' 'ri °I a4 ~W ~a.~~_ d. ~,~~ ~ W ~, ~ N p "^a (O t7 ~ cp _7G ~ m N fv fA N ,~ Z UJ a?~m !ioC a c5 m °f a ~' ~~ ~ 4~~ _~ ~~p w ~ ~m a~ a ~' w A w r ~r mm aA d ~ LOp 30 S00 :39Xa ~;p5~ggg ;q, xad ;{doNl HH gp:0i Spp S/n/6 Meridian Pathways Master Plan DRAFT 4-10 4. Recommended Pathway Network Mplor ~~ ~ .Length ~ Segmeial ~ pro11~ -:70 . ^Descrjgtiot~ ~ . ~ ~$ipin5 ~ ~ ~ ' ~ 'FIVE MILE CREEK'PATHWAX .~ ~,, ~' : - ~ ~ ~ - ~ . .':~, ,`; p Con Ada -Star This pathway will be developer driven. It is located on thesouthern Phyllis Canal, 1 11 proposed Rd side of the canal. Settlers Canal, Star g Star Rd - This pathway will be developer driven. It is located on the southern ~ McFaddeen Drain, 1,04 Proposed McDermott Rd side of the canal. McDermott C McDermott Rd - This pathway will be developer driven. It is located on the southern glack Cat 1.02 Proposed BlackCat Rd side of the canal p Black Cat -Ten This pathway will be developer driven. It is located on the northern Ten Mile 1.16 Proposed Mile side of the canal. Ten Mile - This portion of the pathway will be the responsibility of the city, as E Linder development has already occurred. The pathway will be on the Linder @ Ustick 1.06 Proposed northern side of the canal, utilizing public and federal owned lands. The majority of this portion of the pathway is completed. The only p Linder - missing segment is a connection from the Bud Porter Pathway ~ Meridian 1.08 / Existing / Meridian Linder to the intersection of Linder and Ustick. This missing segment 0.34 Proposed would travel south down Linder on the east side of the roadway. G Meridian - There are short- and long-term options for this pathway segment. Fairview Short-term: This option utilizes a short on-street route to connect pathway users with the existing pathway in Destiny Cove. This Fairview 0.79 Existing pathway continues south through the Fairview Lakes business park and emerges at Fairview at the signal at Lake Ave. Long-term: This option heads south along the east side of Meridian to Carmel Drive. At Carmel, the pathway heads southeast along the south side of the creek and passes behind the businesses. The pathway will have to go on top of the creek approximately 1500 feet Fairview 0.57 Proposed from Carmel Drive. This can be aaomplished by undergrounding the creek or putting a boardwalk into the creek corridor and elevating the pathway in that manner. From Fairview the pathway heads south opposite Lakes Ave adjacent to the auto lot. At the rear of the parcel the pathway jogs west and then south to pick up Five Mile Creek once again and parallel the creek on the east side through the Sterling Creek homeowners Fairview - association common area. This portion of the pathway will require Pine, Railroad H Locust Grove an easement from Sterling Creek HOA. The pathway continues tracks, Locust 1.42 Proposed south through the Danbury Fair HOA common area, where an Grove ®Franklin easement wilbalso be required. After crossing Pine, the pathway is on the west side of the creek heading south towards the railroad line. After crossing the railroad line, the pathway reverts again to the east side of the creek and intersects Locust Grove ®Franklin. Portions of this pathway will be developer driven; other portions will require negotiations with the HOA's. The pathway continues south along the north side of the creek. There is an existing soft surface I Locust Grove - graded portion of the pathwaythrough the Windbridge Eagle 1.42 Proposed Eagle neighborhood. After leaving the Windbridge neighborhood, the pathway continues to follow the creek until reaching Freeway Drive, which it follows to Eagle to cross I-84. Connections can also be made to the St Lukes Medical Center ai this point. The pathway heads east through the business park onthe north side Eagle - of Overland, crossing Overland at Silverstone Way and into the ~ Cloverdale business park development. The pathway picks up the creek once I-84 Proposed into the business park and follows the creek on its south side. This portion of the pathway will be developer driven. 4-11 Page 1 of i Kristy Vigil From: Brad Hawkins-Clark [hawkinsb@meridiancity.org) Sent: Friday, May 27, 2005 5:11 PM To: vigilk@meridiancity.org Subject: Sevoy Antiques Gallery Hey Kristy, On that License Agreement I put on your desk...could you please verify that we have not received/processed any apps for this project? It's at the NW corner of Fairview and Barbara Drive. They want us to approve a public pathway along the Five Mile Drain, but I don't think they have a use approved yet (e.g. CZC or CUP). Assuming you come up blank, please call Richard Childress and ask him if they intend to apply for a CZC and let him know we prefer to review the pathway in conjunction with a land use application. We technically could agree to the pathway easement prior to building construction, but that's Anna's call. If she agrees, could yoy please forward a copy of the document to Doug Strong for his review? Ask him to let me know if he agrees and we'll schedule it for a CC consent agenda. Thanks! brad Hawkins-Clark Principal City Planner City of Meridian Ph: 208.884.5533 Fx: 208.888-6854 hawkinsb~merrdianci~j.org vJww.merGdiancity,oCg ~~~- --~ ~~r/tr G~ij~ C'c/1'!~ ~"~ ~~iC, ~, ~f~-~ la ~ ~~ ~, ~.,. ~° ~~ ~ ~~ l ~~~ Gx~~ 5/31/2005 May 11, 2005 6~~51 ~ ~# ~~~ City Of MCYII"t Id YI City CtCYt( ot~iCC Laura F. Boni Je(h~ey R. Christenson O3Vtl P. ClalilOlOe D. Blair Clark S. Bryce Farris Davitl Hammerqulst Charles L. Honsinger James P. Kaufman Jennifer Reitl Mahoney lames G. Reitl Daniel V. Steenson Allyn L. Sweeney William F. Ringed, O(Counsel Samuel Kau[man (1 92 1-1 9867 Richard H. Childress Point Architects 5072 North Marsh Avenue Boise, 7D 83714 Re: Requestfa'LiceuseAg'eementwithNampa&MeridianInigalionDistrietforSevoy Antiques Gallery to put a pathway within the easement for the Five 1v~Iile Drain, Dear Richard; Enclosed forreview and signahu'e are duplicate originals oftheabove-referenced Addendum to License Agreement which you requested on behalf of Paul Sevoian. 1 have also cnclosetl duplicate originals of the License A~-eement with the City of Meridian for the pathway. The Ci tv will need to execute the Agreement for the pathway. - All originals of the Agreement must be signed gild notarized as indicated. Do nut date page one of the agreement. If all on ~ia1s are executed and rehn-ned to me by,lune 1, ?005, I w~i ll be able to submit the agreement to the District's Board ofDireclors for approval and signature a( the Board's next meeting on Tune 7, 2005. The Disb-ict will then have its original recorded and return your original to you with a bill for our services in preparingtlie agreement and the recording fees. Please contact ^ie ifyou have any questions. ~ a ~ -~-~ ,..ti- , ~7C-~cL- 455 South Third Sa"ool ..~. ~,,,,,, ~< ra o tSOISe, Idaho 83701 e 20S/342-4591 PAX 342-4G57 3 _ E ? ~ 4 3' ~ a m w` ~: ~i w w u4 °w I I(~aI ®~ II I I it I II I I `~Q'a~,~ ~9 O ' Z r g > I ~ <o ~ .. "a L~ C°~, O o~~ ~Y E mac`°~ {`.~~ Q z a ~``o ~~~~~~ ti ud o - _ ~ w N c 8 a~ `^~ ~~~~F~~9 N ~s~ ~~o o:~~~ F j F 6 N~~ N ~~~ ~~~~~~~ J o~~~v~i~~> Q°mo~so~ ~~~_~~~~ ~~~®~_ _,~~«s ~ n ~ 3 JsAtl]J v8Y8xfu )~awM sIMV 8 ~-- _---3__ 45 ~ a _ ~ ~ € _ ~srosi m sc_mao x _ _ ~~ ~~ 2 ~ 9 ~I I I °~ s ~ ~ a 7 ~R ~ a a / s y / ~ 4 a ^ ~ g~ f- ~ fT S _I 4 °o M 8 ~y i I .y~r srr ~m§I ~~ ` °a~ ~ I `= 11 $ ~2 f 9 I 5 ~ I ~6 II I ~ a/ ~ ~~ I ~ I h / p ~~ ~s1 I n n ~ € I a a ~ I fi ~ n ~ s 3 I a~ E B A °o °o 0 a n 0 n i I 2 I~ u n~ s 's I i e m f~ m V ~ it Boa ~~ :. a „ti ,~ a~ ~F '^7 ti ~s~Ea p;~ao ~5~~a ~ !o ~4@~$c Lg ~. FEB, 21. 2007 2;52PM - ..•^ -:. ' ~ND, 787~~P, 2 ADACOUNTYRECCRCERJ,CAVIaNAVARRa AMOUNT 24.uB a BOISE IDAHO 02x12107 00:95 AM' DEpItIY BanNe 0berbil, 0 RBCORD@D-REDUE5T'tl~t ~ I!1 illlllllllllllllllldl~!lIIIIIIIIII Nampa Metldian Irtigaiisn Dist i>D7G2~iBla .r1.ODE1VIaT.iM 2'O ICCEN5)» AGREEMENT, made and entered into this ~ day of ~~~, ZOQ7, by and between IVAMPA tlr. MERIDIAN IEtRIG,~TION' DTSTRICT', an irrigation districC organized and existing under and by virtue of the Taws of the Sint of Idaho (District), and )?ALIL SEVOIAN, au umnarried man, 6000 VJ. Overland Road, l4leridian' Idaho~$364Z {licensee), i& made wish relerencn to the following facts: ~ The Aistrict and I,icensec entered into a certain License Agreem~nt dated Tune ZZ, ZQt15, recorded as Insvumeat Nn. 1QSD84288, Records of Ada Courtly, Ida11o (License .~A.greement). ^i he parties »ow desire to modify and amend said Liacnse Agreaviant. Lxecutiou of this Addendum to License Agreement will a[feal; chdnge ormodify the terms of said License Agreement. ' N'OW, TfIETt~F01tE, for and in consideradon of the premises and of the covenant's, agrecmanls and conditions hereinafter set forth and [hose Set' forthin tlreLacenseAgreemantreferred to above naming I]to parties hereto as parties, the parties agree as follows. 1. Htehihit C, of said License Agreement is hereby asllunded to state that the purpose of the ,,i License Agreement is in approve and parrot[ 1:.iee»seo I'a, and tf7e I7istricl' does hereby grant Licensee the right to. (1) construct, install, operate, maintain and use n building, the existing building ~oundatiott and other building improvements within Che Disfriat's easement; (Z) construct, nnstaII and maintain landscaping ' eansisting of grsss and law tying shrubs along the bank ofthe Five Mild, Dra(n and vvitltin the District's easement; (3) install, use and maintain asphalt paving, curbing and aonc;`ete paviria vtithin the bistrict's easement'; (4) relocate the City of MaritGan paved putitway frotiz the noTlherly bank of [hC dive Mile Drain tnanewlooationonthesutttherlysideofthelaivoMileDrainonLicensee'spropertywithauchnowlocation to;be subseguentIy identified by the City ofMeridian; and (5) construct, ittstali, use, operate and maintain these improvements and the other improvements depicted in amended EXhibit D-1 hereto. Canslruc8on of the ahove-referenced impravctnants (eXaept the eXaet location o't the City of Meridian pathway wilt he determined ir, the future when, and i£ said pathway is canstruated by tMe City of Meridia») shall bo z» accordance with amendpd'E;tlubir I7-T which is attached hereto and by thSs reference made a part heretl: ADI?EN7JITM TO ?rTC>rNSE AGT2~MENT =PAGE 1 fEB.21.2007 2;52PM .NO.787 F. ; . , n d , 2. Licensee shall notify the water superintendent of the Aistricl prior to so-initiating construction under this Addendum and immediately after the compieliamof construction so l'httk he, or the _. I}istrict's dngineer's may inspeol and confirm that the constzuclaon nonfornis to the terms oi?thisAddendurn. Unless delayed by cirettms[anecs beyond Licerisae's Control, construction !;hall be completed not later than tWO years from the date of this Addendum. Time is of the dssdnce, 9. Licensee hereby conveys and grants to the DistricC a not!-dxclusive easement far accass across Licensee'sproperty('omaintainandrepairtheFiveMileDrain(hereinalier"aaaessaasamant"), The location of said accass easement, subject to properly features 2nd improvements, is mare particuhtrly deSOribedin$xhibiLEhereto. Said accesseasementlsInadditiontot1101't~StYict'se~tsringea5emsntforthe Five Mile Tlraiu as described in said License Agreemenk. Said accass easementis located on both sides of Lhe Pive Mile Drain to across the south sidefrom FairvidwAvenue and~to across the north side from Barbura Street anU aerds5 and through Lioensee's asphalt parking areas. This acness easement across such portions of Licensee's property also shall include the right to accass m ntaint'ain and repair Utd 1;ivd Mile Drain on the adj Dining property to the west of Licensee's gmpdrty, subjdotto ancassrigbls on Lhe Adjoining property, Zieeitsee on behalf of himself and his succossorsand assigns resorves all r~ghts of ownezshiptvhichorc noC inconsistent with this access easement' including Without limitation, the right to usd this portion of the property suhjoct to the access easementin cnnnacLion with business operations on 1ltepropexty and the right In grantfurther easements to others Which are not 1nCOnsiS(Cnt W ith Lhi5 aCCits9 eaSamenl. Thu DistrlCC agrees lhatit Will attempt to minimize interruptions to Licensee's business operations itt usingsaid access casomenC. 4. Licensee agrees to pay Sat' and/or reimburse the Dtstriat ToX any equipment rental e~tponses and other incidental expenses necdssary for the District to maintain the north bank oP llte Five Mile Drain where it cout'ses through Licensee's property far sts long as Paul Sevoian, gwns tltnproperly or Eor ten.(l0) years frnm the date of this Addendum, Whichever i5 longer. Licdnsee~s agreement to pay fnr andlor reimburse the District for said rental expenses is limited ko the rental 01 arty equiprment not owned 6t' the Dis#rict and which is necessary to maintain or repair the north bank of the Five ivlile Drain on Licensee=s property, including routine tnaiatenanae and emergency rop2ir5 nr mainte>,lance. 5. In addition to khe otherindemnifieation provisions containgd in saidLicense Agreement and this Addendum, Licensed agrees to indemnify, doPdnd an<t hold harmless the District isom any injury, .9DDENDUM TD LICENSE AGI2EEMEI*IT-PAC~IE 2 EEB. 2L 2001 2:53PM N0, 781 P, 4 -- damages, claim, Lien, cost and/ar expense (including reasonable attcrneg's lees) incurred by, ar asserted against, the Distract for damages to Licensee's buiidiatg, laotings, foundations, landscaping or other improvements an Licensee's property which may occur as result' of erosidn,l`landing or subsidence of soil of the north bank o'! the I:ive Ivlile Drain. 6. Licensee agrees to waive and release any claims, alleged damages oralEeged business loss Licensee may have had, assert or allege against thaDlsuxat relating to the scope: olsaid License Agreamen¢ ar timeinwhich this Addendum Was raviewad and negotiated. In additian,hvithin tans days of ehe oxccudon of thisAddenddm by the District, Licensee agrees to rescind, revoke and/br terminate, in writing, any tort claim filed against the District ar public records request sabmitl'Cdto the DislricE. 7. 'withregardtodiepatlrway,thonewlocationwillbooniho~southsideoftheFiveMileI)rafn and said :pathway shall be constructed, operated and maintained by the City oC lvleridian, It is understood(anticipatedthat thsCity nLMeridianwill enter an A,graemCnlwilh the Dishictwlten said pathway is constructed and which provides that the City ofMerldian assumes operadion, central and maintenance of the patItwrry.' However, it is agreed lhal'Gicensee has no control over il;,and when, the Cify of N[eridiafl dpaides to cQastruct the pathway or whether the City of Meridian and the District enter into an Agreement concerningthopathway. - $. The terms oirsaid 7;.ieoneeAgreementareherebyaffirmed and steal] remain in full Corte and efEaot except as modiiiied by the terms of this Addendum. Licensee aoknoWledges and agraea thatLiaensea is hound by the covenants, conditions acid agreements conl'aGted in said License Agreement except as modified 6y the terms of Chis Addendum, xo the Cxtenl' there may be any conflict between the use of Che words "License" or "Licensee" and the speciFc terms al the License AgrearFrenC and Addendum, the spacllae terms of the License Agraoment and Addendum shall be controlling. 9. As long as Licensee aamplias with the terms and conditions ofsaid LiaanseAgreement and thisAddendtwt, the District shall notrequire the removal of the encroaahmcnts or improvemen is authori2ed by said License A~-cerncnt and this Addendum. 10. '1'heLicenseeagreestopnyreasanableattorncyfeesandrecordingfaes:PorgrepaYalionand recording oi° this Addendum. 11. The covenants, grants, canditiaris and agreements contained herein and in said License ADDENDUM Tt? LICENSE AGI2EEMEIVT -PACrE 3 FEB, 21. 2007 2; §3PM - No, 781 P. 5 Agreement shaII constitute covenants to run with, andrunning'with, all of the property of 7:,icatasce descriherl . in Fxhihit A of said I.icanse Agreement that Licensee owns as of the daze of this Addendum, and shall he binding on both of the parties hereto and on all Parties and ell parsons claiming under them ar etther of them, and the advantages hereof shall inure to the 4enefit of both of the parities hereto and their respective successors and assigns. The terms of the License Agreement and this Addendum sha11 remain in full force and efFact, unless this Addendum is Terminated as expressly provided hernia, sod shall not be mod~ed or amended except by wriuen documentsigned by both parties or theirrespdetive successors, 1~. TntheevenCLicenseeisnatabletoobtuinallnecessaryapprovaisandagreements,inoluding withouL• limitation, those required by or Irom the City of IvIeridian, f¢r the ecnstrucfl^n, occupancy, maintenance, c^ntr^I and/or operation of all ar any improvements pertnit[Cd in said License Agreerent or this Addendum, Licensee may terminate thisAddendum byprovidingwritYen notice to the Districtin which case Che Germs of this Addendum shell be void and of no further force ^r effect Up^n such termination, Licensee shall remove alI {mprovemonfs or encr^achmenis conslrue'ted pursuant to this Addendum within five (5}years of Licensee's written ttatice. >N 'trJX'PNE55 WId=Ek7.Et]>=, tare Dastriec and Licensee have hereunto caused their nurttes to be subscvhed as of the day and year herein first shave written. f~'~""`~''"'=.^ NAMPA & IvSF~7A1V IRRIGtYTION t3TS'Z'RICT _ _ ~re~~, }~ y _. ~~~~ .~ a I Pn:sideatC' ~"'~ a ~~~ ~ ATTEST: ~~~4 ICsICs 6e~ i PAUL SLVOIAN, AI]I7);PIfIUIvI TO L'iCENSE AGREEMENT -PAGE ~ FEB. 21. 2007 2:§3PM _~ , - , N0, 787 P. 6 STRTE OF IDAH6 ) ss: County of Canyon ) On this ~~ day of e~ 2t1~7, before me, the~updersignad, a Notary Fublic in and far Said State, personally appeared Henry eick and Aaren R. Caen, ~cnowo to me to be the kresident andSecretnry,respectzvely, o~'Sl,AIvIPfl&M3iRIDIANIRRI4A.J.~ONDIS3'Ct1C'i', the irrigation district that executed the foregoing instrument and autrnowIudged to me that such irrigation dish'iat executed the same. INWI'fNB53WHERIi0>:,Zhavehereunfnsetg3yhandanda'flixedmyofficialseal,theday and yoar in this certificate first ~q}~,yy~ri~Nen. ' ..•4 ~,~ M .,..' ~ ~m ~' qy `' oSG ell~q~°~~QO'~iQ ~ ' .^ ~ ~ Notaryl'uL71i lnrldaho t3 Residing aL'~~ *r-aP ,Idaho a e ~ NIy Cnmrmission Lxpires:~CO + F'(IBLYG STNS OF` ~~ ~ t!'7~ti'.,ti a~{~'~ County of,~,~.. } •Iry~~~~Mp~ ' On this ~ day n>;' Y~~, 2007, before me, the undersigned, a notazy public in and far said state, petsanaIIy appeared P,A.UL SVDIAN; iorown m me to be the individual that exeeUtud the foregoing instrument; and aclmowledged to me that he ex'ecutod Cho aame. ~I WIT.N7;SS WXl~S~D):, X have hereunto sat my hand and nfixxod my official sea], the day and year 9n this certificate first above written. ~....,rt/t~~ ~ ~~} j] at es= Q'~q,~,, ':'u _'~ y: .®,~ ~~€3 4~G ~a.s+a:c ..... ,o ,d ADDEN'1]C7M'I'OI.TCSNSE AQIt~ENiSNT-Pt4.G>;5 FEB,,2i, 2001 2;§3PM N0. 167 P, 1 ' TOU'A`~1k31}I~I~OXt~UN ENG1N + + G CO~MY~.1+3Y CtpNSUL'PR40 ENtrttaapR~ 9URVEEOR$ ANA Yt.ANt~8t25 9777 CHINOEN BOUlEVARp SOtSE, JDAHC7 6377A~2pp8 ~DB3?3.2288 o FAX2p8-3?3-2399 • ' b°tseC~loengrco.com Project; 04712 Date; September 26, 2004 ~snended: February 3, 2001 , Page: 1 rahibzt `r1+,'i A, parcel of land, situated 1n tlto S;/1I~ of the 5;~ 1!4 of the S W 7/+1 of Section 6, Towns}aip 3 North; flange 1 73ast. Boise Iti4erldian, CityofMeridian, Ada Connty, idaha, [Wore particularly SLscribedas fotloWS: C©YLtY7:EIvTCLNG aL a brass cap monument markins the S4Uthwest col•neq oF'said Section 6, as shovt•n on Record O,f"Sutvey No, 2969, Record of Ada Cpanty, Idaho, from which another found btlsr> Cap rnonvstznt malkiu„n rife South 1!4 corner of said Section 6 boaC5 N.SB"35'6"'$.- 2404,61 feet; Thence: aioitg rite southerly litm ofsaid Section 6, A) Id.38°35'36"71., 2t0~}.55 f'cet; theme; 6} N.OU°21°73°'G.,GO.03faet so theX°pIIVTpF$RG:CNNL\G,suidipointmarl<lrtgtlXesonthea;teriy corner ot`tlae herein described parcel; thence. 60.00 :FeeC uortlterly Af and par¢llel ~rirh said sotttherty line of tiection 6. 1) 5.88°35'SG''~V., 3 8.99 feet, thence, aloud tt now Iine. 3} N.00°44'26" W.- 0.72 feet; thence, • 3) 5.89°4=}"2$"W., 20.?6 Feet; tl,enee. • 41 N.35°29'16"lhr„ 10.50 feet: thence, ' _....1) .............11.39°3547"41•'.,a.94_teet;.Yhel[ce,_......_... __.._._.... __........ _,............ 6} S.40°21.13°'W.. 10.25 feet; thence, 60,00 Feet northerly uFand parallel widt said southerly tine of5autlon 6. 7) 5.58°36'a6~4V., 51,69 feet: thence, , S} N.00°21'd3" 73., 77.40 #'eeti thence, , 9) Ti,S4°3S'47"W.„ 14.99 feet: thence, 70) It ~7°O1-20"V.'., 49.75 feet; rlaance. 11) N.x4° 1 S' 17"J;., 75.36 feet; tlteneo° • 12) N.S9°12'16"G., 118.66feekdtence, 13) S.00°27°13"W-,2?-70f>'e~thence° 14) 5.59"12' 16'^W., ] 03.52 feet; thence, t i) 5.77°3 T'S7"W., 35.29 feet; thence, • 16) 5.72°28'tJ~"E., 11,9.25 feet: thence, 7 7} 5.40°21' Y 3"W., 2938 feet to the P{ySN~' (}X,' P,ECYI7`~NL~*G. COi1'Tr3IlVS~TG 0.27 am•©s. 1 E,567 scl. it.. more or less- SU~JLt~' Tfl~ ttll Covonaatts. I:Ights. Rights-ul-Way, and Easements of 13ecord. ¢nd ¢tty lncttmbtnuces, n: J).} 1321W2'L-1f,E:tiUitfR'V1r YlE Vrifii[ E - ln-re'~.da° HOXSX; • QORtiTtd',aL.~,~,~, * CALDFY;rI~ . P. B ,r Y ~ ~~i~a4~~€yap~~a~ y e~'~ ~~ip~ 9 y4k 1 ~ c~~~LE~~~9p~`~il F~ ~,~ i Ro€~i~ €€g ~~~ ~g~ ~ a 6g ~ 9 i@ nt ~ 99 ~~ ~ it ~~E~ ~- $~ ~~ ~~ a ~~ y p ~ ~ ~ a; i p , ~ Y'v t• :~~ ? r ~ FEB, 21.2001 2;53PM N0, 787 N0. 787 F. 4 x m p' \®'~' ~~ g -~ z dxg`< "' `~a16~ _ 'a~~d ~~~~~ ~o L ~~ti~~ 3 W 7 W i a m y m a W F N m W CR FEB, 21.207 2,54PM f _ ,. I ~ . 1 a ... APR-07-2008(MON) 16;50 Frances R. Stern Law Office (FAX}208 336. 78D8 P. 002/002 ~~~~~~ _ APR Q ~ 2009 City Of IVleridian . ~Y Clams ~ °~a` - _ .,,~ City Clerk Office ~ ~i ~s~ f~"j~ - ~ (208)888-4433 faz ( 8) 888-4898 w.v+a t2ESEARCIi 131:(~l1~ST FOIL F1IBLBC • ~ INFORMQTIOAI Nsms: Oars: ~~Dppav~~id 4' .7 OS ~i208) 336-5955 lints: t7esciipttCm; P,11(i~ documents, including but not limited to appllcatiotts, reports, meetin& notes, eorrespondcnee, permits, approvals, on-site inspections, plan review notes or checklists, and plans, and (ii) all a-mails between the City of Meridian lire Aeparlment on the one hand, and the City of Meridian Pub&c Works Depardneny Paul Scvoian, bane Morris, Pointe Architects, Kurt Rclcford, YJ IJoward, and/or any other represec:lative of Paul Sevoian, on the other hand, relating to construction of the Scvoy Antique store on the parcel commonly described as 650 B. Fairview Ave., Meridian, Idaho. Re9uestor'sSignaWre: ~~ w ReSUIOS! Fnstfing~ . City Aets-hey Appmvat! Comriteatts: HumC~eu'OFF~4~ t~teFlnisfuxf: St~f Pmviding dtfoxrttatlon: Tuna mod: Staff t:aenmenti~ APR-07-20118(MON) 16. SD Frances R. Stern Law Office (FAX)208 338 7808 P. 001/002 LAW OFFIGSS pAVip ~. WISHNEY (208) 338-5955 300 W. MYRTLE, SUITE 2Q0 SAX: (208) 342-5748 P.O.80X 837 6015E, IDAHO DATE: TO: COIVIPAIVI': FAX IVCTMBER: F1201VC: Aprit 7, coos Clerk's Office City ofMeridian (nos} 8s7~813 David E. Wislmey Attorney at Law NUMBER OF PAGES (including cover}:1 MESSAGE: RE: Research Request for Public Records oRl<onvAL Ta Fol_,><,ow BY us. nzAln.: YES 7L Pi0 The iafotmatioa containod in this fax is confidential and may be the subject ofnttomey/client privilege. Ifthe reader ofthis message is notthe named recipionr,you are hereby notified that any distribution, dissemination, copying or other use of this cammtmicatioa is strictly prohibited and no privilege is waived. If you hove received this message in error, please contact us hmnediate]y by telephone, collect. Thank you. tF YOU IIA'VE NOT 12ECEiVi'aD ALL OF TBE PAGES iNDiCATI';D PLEASE CONTACT TItiE ORIGINATOR AT (2R~ 3363955. Parsons Page 1 of 2 2008-01-07 17:47:31 (GMT) Point Architects From: Point Architects TO: Bill Parsons Fmm: Point Architects Pab s: 2 Date: 2008-01-07 17:41:58 GMT Bill, Attached is the letter addressing Landscaping for Sevoy Antiques Gallery on 650 East Fairview. Please call if you have questions. Thanks, Kane Morris 631-6283 417 Remington #3, Garden City, ID 83714 p 208.284.2999 f 208.246,5173 www.pointarchitects.com P.O. Box 827, Victor, ID 83455 p 208.720.2827 To: Bill Parsons Page 2 of 2 2005-01-07 17:47:31 (GMT) Point Architects From: Point Architects Bill Parsons Planning Deparhnent 660 E. Watertower Ln., Ste. 202 Meridian, ID 83642 DearMr. Parsons, January 6, 2008 I visited the Sevoy Antiques Gallery on 650 East Fairview on Friday January 4, 2007 to confirm that what had been depicted on the landscape plan had been adhered to. After reviewing each planter andlor landscaped area for verification, the areas were as described on the plan. There were additional plants on the south side of the building and on the east planter that borders Barbara Drive. The owner also added two River Birch trees to the landscaped area on the south side of the canal and Fairview Avenue. Please feel free to call me ifyou have questions. Thank you, Kane Morris ~ Remington #3, Garden City, ID 83714 p 208.631.6283: f 208.246.5173 www.pointarchitects. co P.f1. Rnx R27. Vi r.tnr. TD R.44.riri n 2f1ft.7R7-R7R7 Sonya Watters Associate City Planner Planning Deparhnent City Of Meridian 660 E. Watertower Ln., Ste. 202. Meridian, Idaho 83642 September IQ, 2007 Dear Sonya, We are submitting an updated landscape plan due to the final elevation of the sidewalk. Because of the elevation, we had to add in a planter to compensate for the height difference. Please feel fi•ee to give me a call if you have any questions. Sincerely, ~~ ~ Kane Morris 417 Remington #3, Garden City, ID 83714 , 208.631.6283 ~ P.O.B. 827 Victor, ID 83455. 208.720.2827 w vuv?.aseair~d<~~ e;tiCec i^,.v~;rax 4 k i 2~ ~ I ~~ ~,.- ~ ~ ° t ~ ~ 0 %° ~ ~ ~ g P i w w ; 3~ ~ ~i ~ t~ ~t { ` ,~ ~ S ~: ~ ~~ ~ i ®~ ~a € w s <'8 m. ~„ °ak ~o ~° s e ~e p Y~ p @ € r.6 ~~e ~ie ~~ ear a}° 2 .~e~ n ~i ~~~ gggb ~ :GR ~S ~a Sa§SFya`~F3 ~tl C~~ g s~ Pi Kiis \. ~~ a ~ .~ \ 8 ®® ~ O® a, i 0 ~2,~ti'-te.~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Rich Childress 5072 N. Marsh Ave. Boise, ID 83714 RE: Sevoy Antiques Dear Rich: Phones: Area Code 208 OFFICE: Nampa 466-7867 SHOP: Nampa 466-0663 I am writing this letter at your request concerning the Sevoian property located adjacent to the Nampa & Meridian Irrigation District's Five Mile Drain. This project has all the necessary license agreements in place to proceed with construction. Therefore at this time no further review is required. However at the time`of the writing of this letter there was no specific area set aside for a bike path. The City of Meridian will need to have a license agreement (under the District's Master Pathway) in place prior to any construction should you decide at a later date to construct one. The District will need to be able to review and approve such a facility. Please feel free to contact me if you feel further discussion is required. Sincerely ~. ohh P. Anderson Water Superintendent Nampa & Meridian Irrigation District JPA/dbg C: City of Meridian Bryce Farris, attorney John Sharp, engineer Board of Directors Secretary/Treasurer Asst. Water Superintendent File tt,L' l~ Crt V ~~ MERIDIAN CI`T'Y ENGINEER APPROXIMATE IRRIGABLE ACRES RIVER PLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - A0,000 2 April 2007 Page 1 of 3 C. Caleb Hood From: C. Caleb Hood Sent: Wednesday, March 14, 2007 10:05 AM To: 'rich@pointarchitects.com' Cc: paul@sevoy.com; 'Hofstetter Law Office' Subject: RE: Sevoy Antiques Multi-Use Path Bid Thanks Rich. I did not have this information when I sent my last a-mail. After reviewing the addendum to the license agreement and talking with Bryce Farris, I am comfortable with the City being the lead in amending the Master Pathway Agreement in the future, when we figure out exactly where the pathway is going on the south side of the Sevoy property. Section 1 and 7 of the addendum are pretty clear as far as granting an area for a future City pathway, Therefore, you do not need you to contact S. Bryce Farris at Ringert Clark Lawyers to prepare an addendum to the master pathway agreement between the City and NMID, as stated in my previous a-mail. l will stilt need a cashlcheck surety for 110% of he bid j$2,062:50) to construct the multi-use. pathway prior to me agreeing to this building being occupied. Let me know if we need to discuss further. Thanks for your help in resolving this part of the project. Caleb From: Richard Childress [mailto:rich@pointarchitects.com] Sent: Tuesday, March 13, 2007 3:55 PM To: C. Caleb Hood Cc: paul@sevoy.com; 'Hofstetter Law Office' Subject: RE: Sevoy Antiques Multi-Use Path Bid Caleb, Thanks. I have forwarded to the owner and to the attorney who helped us work out our license agreement w/ NMID. Attached is the final NMID License agreement Paul Sevoian recorded with NMID. If you look at the last few pages, you will see the easement area he granted to NMID. I am not clear about how the City can construct a path in NMID easements in other locations under the Master Agreement, but not in this case at this location. Could you just double check this? I thought we discussed that exact point at our big meeting at the HR/Attorney's Offices on Jan 12, 2007. I believe you had to leave that meeting early. If the current agreements are still deemed inadequate, could an easement be recorded specifically for the city rather than re-engage the Irrigation District? Thanks R Richard Childress POINT ARCHITECTS 417 Remington #3 3/14/2007 Page 2 of 3 Garden City, Idaho 83714 p. 208.284.2999 f. 208.246.5173 htto: //www.pontarchitects. com From: C. Caleb Hood [mailto:hoodc@meridiancity.org] Sent: Tuesday, March 13, 2007 3:30 PM To: rich@pointarchitects.com Cc: Daunt Whitman; Bruce Freckleton; Brent Bjornson; Ted Baird; Bill Nary Subject: RE: Sevoy Antiques Multi-Use Path Bid Rich, The bid for the multi-use path on the west side of the Sevoy site is accepted. Thank you. I spoke with Public Works and most recently with our Legal Department regarding the need for an easement for this future pathway. As you mentioned in our meeting over the counter last week, there is an existing NMID easement where this future multi-use pathway will be constructed in the future. You believe that we could use NMID's easement to go onto the Sevoy site to construct the pathway. However, this easement does not explicitly give the City the right to go onto the Sevoy property to construct the pathway in the future. Therefore, I need you to contact S. Bryce Farris (or Kimmie White) at Ringert Clark Lawyers. Ringert Clark is contracted with NMID and prepares addendums to the master pathway agreement between the City and NMID. I will need to have an addendum for the Master Pathway Agreement completed for this site, as well as a cash/check surety for 110% of the bid ($2,062.50) to construct the multi-use pathway prior to me agreeing to this building being occupied. I now have everything the Planning Department needs for this project to proceed with construction. As far as the Planning Department is concerned, CZC-05-073, as amended with the revised site plan prepared by Point Architects on 2/14(07, is still a valid CZC permit. I am forwarding a stamped "approved" copy of this site plan to the Building Department for their file on this project. Please contact me with any questions. C. Caleb Hood Current Planning Manager Meridian Planning Department 660 E. Watertower Lane Meridian, ID 83642 208.884.5533 208.888.6854 (fax) From: Richard Childress [mailto:rich@pointarchitects.com] Sent: Tuesday, March 13, 2007 9:15 AM To: C. Caleb Hood Subject: Sevoy Antiques Multi-Use Path Bid Caleb, 3/14/2007 Page 3 of 3 Attached is the revised Bid to construct the Multi-use path. Please let me know if it is still not acceptable. Thanks Rich Richard Childress POINT ARCHITECTS 417 Remington #3 Garden City, Idaho 83714 p. 208.284.2999 £. 208.246.5173 http://www.pointarchitects.com 3/14/2007 PLANNIN(> & ZONING DEPARTMENT INSPECTION CHECKLIST COMMERCIAL/CZC SITES This checklist should be attached to the inside cover of the CZC file at ALL times. ~ 1 ~ Planner/brspector Name: , JQ v. ~.cl V P a,,~(2 ~- C Project Name: ~~! ~(~;,j ~~'~~ ~ L(JZS CZC File No.: (~ 5 ~Gl•~ 3 Contractor/Company Na~~~ ~ ~ ~GvL~ Phone No.: ~ (4 ~" ' c~ 2 ~% FirstlnspectionDate: ~ / ~~/ G~ Second Inspection Date: / / Third Inspection Date: / / (NOTE: If a (bird inspection is re2uired, a fee of $60 must be sa~bmi/ded to tlae P&Z Deft. be ore tlae inspection is done.) Landscape Plan Checldist Item Site Notes O.K. (~) A. Date of approved luidscape plan /~{L/ l1 ', B. Street buffer /Perimeter /Buffer between land use 1. Width of buffer (exclude detached shv rovidtbs) ~ ~~ 2. # of h~ees 3. Caliper/size of trees (~aeaszn•e 6-8 inches aboi~e ground) 4. Species mix per plan 5. Groundcover (tf'seeded, verify germnaatron) L''~ 6. Right-of--way landscaping ~!' 7. Verify no encroachments (e.g. fencing, parking) 8. Berming (naax. 2:1 slope; 3:1 if lawn) C. Planters ] . Verify min. Y b/w curbs l,i~ 2. Verify min. 50 sq. ft. 3. Plantings per plan / D. Existing trees/mitigation L Verify existing t~•ee(s) retained 2. Verify mitigation tree(s) planted s: ;l'~t/. Hi rrdl PAC / -f rlntin'~j 7~•~~ar/ntrnt P Ni<~ir,c E. Sight triangle(s) 1. Verify size location 2. Verify height of shrubs F. Pressurized irrigation (verify instaAeci) G. Stormwater area(s) 1. Less than 3:7 slopes 2. Dry creek formation (if applicable) 3. Max. 5 ft. dimension for rock sum 4. Max. 2 ft. dimension for sand/grease grates Site Plan Checldist Item Site Notes O.K. (11) A. Date of approved site plan ! / B. Parking 1. Standard stall dimensions 2. Compact stall dimensions 3. Handicap stall dimensions 4. Handicap signs/striping ~ / 5. Aisle width / ~/ 6. Wheel stops (if required) C. Trash Bnclosure 1. Min. 3-sided screening 2. Consh•ucted per plan D. Sidewalks/Pathways 1. Verify location / V 2. Verify minimwn width E. Curbing .Installed per plan F. Special conditions/Redlines 1. Verify airy special conditions from CZC or redline notes on plan are complete s: IP~IY~Bruc1~.PX /.~f<Inxirtt r~.rnnenr P~,1~.'ie~~ Post-Inspection Checklist Item Date Com lete A. Incomplete? (Follow 5 steps below) l .Obtain bid for incomplete improvements + 110% 2. Ownerlcontractor posts surety (cash, check or Letter of Credit) 3. Clearly print # of days the "Temp CO" is valid ou card 4. Sign "Temporary" column on CO card 5. Submit check or Letter of Credit to Finance Dept. with memo B. Complete? 1. Sign and date "Final" column o» CO card 1 ~ 2. Notify Finance Dept. to release surety (if it was a Temporary CO) 2. Complete checldist and close file * The only instance that a CO may be released prior to 100% completion of improvement is inclement weather, as determined by the Director. If weather is a factor, follow MCC 12-13-19-2. iL:'i.', 5.'?.~ill. s iFcP / Hr o~1i( d/ : (dn, ilr~Dr°/a~~7meiit ('u(i~ ie.c March 1, 2011 MEMORANDUM TO: Sonya Watters FROM: Jay Gibbons, Parks & Pathways Project Manager RE: Sevoy Antiques -landscape/pathway improvement bond release It has come to my attention that the City holds a surety for landscape/pathway improvements on a project known as Sevoy Antiques, located at 650 E. Fairview Avenue, Meridian. The question has been raised as to the necessity for the City to continue the surety requirement. In review of the Meridian Pathways Master Plan, specifically page 4-21 -Segment G Meridian-Fairview, a segment of the Fivemile Creek pathway lies over or adjacent to the Sevoy property. At present the pathway is listed as proposed and is deemed long-term. Due to the proximity of the creek to adjacent property lines and existing structures, a future pathway in this section would require tiling of the creek or cantilevering a boardwalk over the creek. Neither of which is feasible in the near-term. That said, should a pathway project come to fruition in the future, the Sevoys and many other property owners with land adjacent to Fivemile Creek would be approached to address any issues and/or concerns. It would seem unnecessary for the City to continue holding a surety on the Sevoy project when the intended improvements are not feasible in the near-term. Please release the surety. Thank you. Parks & Recreation Deparkmenk A 11 UV. Rower Stfeef, Meridian, ID (33642 Phone 208 888-357rJ w Fax 208 898-6601 www.meridiancity org