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ApplicationMayor Tammy de Weerd City Council Members: E �- Keith Bird IDIAN...-M.- Brad Hoaglun Charles Rountree IDAHO David Zaremba TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To ensure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: 8 -Nov -12 Transmittal Date: October 25, 2012 File No.: CUP 12-015 Hearing Date: November 15, 2012 Request: Public Hearing - Conditional Use Permit approval to construct a new 40,000 square foot addition to Meridian High School By: Joint School District No. 2 Location of Property or Project: 1900 W. Pine Avenue Joe Marshall (No FP) Scott Freeman (No FP) Steven Yearsley (No FP) Michael Rohm (No FP) Tom O'Brien (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Brad Hoaglun, C/C Keith Bird, C/C David Zaremba C/C Sanitary Services (No VAR, vac, FP) Building Department / Rick Jackson Fire Department Police Department City Attorney City Public Works/Scott Steckline City Planner Parks Department Economic Dev. City Engineer Your Concise Remarks: Meridian School District (No FP) Meridian Post Office (FP/PP/SHP only) Ada County Highway District Ada County Development Services Central District Health COMPASS (Comp Plan only) Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) Intermountain Gas (FP/PP/SHP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Downtown Projects: Meridian Development Corp. Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office • 33 E. Idaho Avenue, Meridian, ID 83642 Phone 208-888-4433 *Fax 208-888-4218 • www.meridiancity.org E Planning, Department :. COMMISSION & COUNCIL ITV4APPLICATION A Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment Conditional Use Permit STAFF USE ONLY: ❑ Conditional Use Permit Modification File number(s): � -1-2Z) f ❑ Development Agreement Modification ❑ Final Plat ❑ Final Plat Modification Project name: ,moi+ , t ❑ Planned Unit Development Date filed: *V012Date complete: 0-25- ❑ Preliminary Plat ❑ Private Street Assigned Planner: ❑ Rezone Related files: ❑ Short plat ❑ Time Extension (Commission or Council) r ❑ UDC Text Amendment Hearing date: 9 5'�Z 41kommission ❑ ❑ Vacation (Council) ❑ Variance Council r -I rlrho,• Applicant Information Applicant name: Phone: 5%3 -751,`�, Fax: _343 - Applicant address: -2,77 J?_V. Zip: 03702 E-mail: cSkevP.�e�urv►v*¢Wty►.cor� Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned W Other nj^gg tL Owner name: Ja,wr Phone: 855 --i500 Fax: 350 - 54tt Owner address: L=_. (fit_.. •pAvv_r Zip: ft�Z- E-mail:6es4riyl.bru.&e&--w; g4H�.af9 Agent name (e.g., architect, engineer, developer, representative): Firm name: H.UMMVF4_ A<F.eL Phone:3 77-154& Fax: Address: 2?80i_N. t 1,,!5 S 2-TD.Zip: to E-mail: Primary contact is: ❑ Applicant ❑ Owner 9 Agent ❑ Other Contact name: 6444-T Slr/�S Phone: !?;144-75;Z75 Fax: i) Contact address:f,5 t4•iRg!tuS W_Zip: V3102 E-mail:zsieiatsiD�lu►Kw�q��n.��w� Subject Property Information Location/street address: wfI ,5 " ptNB. A Vf_= . Assessor's parcel number(s): pio.i2l ' ►- Township, range, section:5on�1i� fgµlp 3 uotent Total acreage: 'l A04E 1 WWSTT 0c�E ?AW P044, A4>A Zip, Current land use: l-klAij $ 4tceK— Current zoning district: ►jgptuns-Lott. I)y w-rt'f stDffi1`►ZU-�. 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 1 (Rev. 11/29/11) Project Description Project/subdivision name: hACfAy *.t HV_I.t 54_ tyoir gff MQV;L A Jn A7DM1Qk General description of proposed project/request: 64>m t.E.TE — " M!UL Lr�,s¢voM �idlfp►NCi pW�1 co� MaD�'[let�l �l�I.c1'Ft � ThE. /�1h�a5ltoar� 6ulLDMII. 3 {�jg(�wiE�nl LIi�iRcoWl'� Cb4. L Proposed zoning district(s): N.A�• " S�sM Acres of each zone proposed: RAN Type of use proposed (check all that apply): ❑ Residential ❑ Commercial ❑ Office ❑ Industrial 8 Other �- Amenities provided with this development (if applicable): R.A. Who will own & maintain the pressurized irrigation system in this development? MH" -7 4* Which irrigation district does this property lie within? 444Z NV*L{1D1kN Primary irrigation source: _ T�1•A. Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): ■ • �5� '��' Residential Project Summary (if applicable) Number of residential units: Number of common and/or other lots: Number of building lots: Proposed number of dwelling units (for multi -family developments only): I Bedroom: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f): Gross density (D(/acre-total land): Percentage of open space provided: Percentage of useable open space: 2 or more Bedrooms: Proposed building height: _ Average property size (s.£): Net density (DU/acre-excluding roads & alleys): Acreage of open space: (See Chapter 3, Article G, for qualified open space) Type of open space provided in acres (i.e., landscaping, public, common, etc): Type of dwelling(s) proposed: ❑ Single-family ❑ Townhomes ❑ Duplexes ❑ Multi -family Non-residential Project Summary (if applicable) Number of building lots: Other lots: g.A- - r- 11"00 f0JA Gross floor area proposed: t),sa� pwmo►t Existing (if applicable)- e„a.V..sr - JWN� Flours of operation (days and hours): kl-l� �-w Building height: {� Percentage of site/project devoted to the following: Landscaping: Building: Paving: Total number of employees: maN Maximum number of employees at anyyyone time: Number and ages of students/children (if applicable): ��15�ing capacity: Total number of parking spaces provided:/ a.9 Number of compact spaces provided: N Authorization Print applicant name: Applicant signature: i� ' Date: �• /Z 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www.meridiancity.org 2 (Rev. 11/29/11) HUMMEL Hummel Architects, PLLC is working on a remodel and addition to Meridian High School for Joint School District #2. Meridian High School is a 244,772 square foot campus style school with multiple buildings on site. The remodel and addition project will focus on the Classroom Building and the Cafeteria building. The scope of work will be to completely remodel the Classroom Building. Further, an addition of approximately 40,000 square feet will be added to the south of the Classroom building and between the Classroom and Cafeteria buildings (see site plan). Regarding the site, parking and the drive lane in front of the classroom building will be modified slightly including the addition of landscape planters and parking re -striping. (see site plan). Please don't hesitate to contact me if you have any questions. Thank y , Clint Sievers, Project Manager Principal Greg Allen, AIA NCARB Eddie Daniels, AIA NCARB Gary Sorensen, AIA LEED AP BD+C Scott Straubhar, AIA NCARB Gregory Ugrin, AIA NCARB Page I of I rA www.hummelarch.com Boise: September 26, 2012 2785 North Bogus Basin Road Boise, Idaho 83702 phone: (208) 343-7523 Bill Parsons fax (208) 3430940 Associate City Planner City of Meridian, Idaho Twin Falls: 33 E. Broadway Avenue, Suite 210 111 Shoshone Street North Meridian, Idaho, 83642 Suite #201 Twin Falls, to 83301 RE: Conditional Use/Design Review Applications - Project Narrative, Meridian High School phone: (208) 735-5350 Remodel/Addition fax: (208) 735-5993 Hummel Architects, PLLC is working on a remodel and addition to Meridian High School for Joint School District #2. Meridian High School is a 244,772 square foot campus style school with multiple buildings on site. The remodel and addition project will focus on the Classroom Building and the Cafeteria building. The scope of work will be to completely remodel the Classroom Building. Further, an addition of approximately 40,000 square feet will be added to the south of the Classroom building and between the Classroom and Cafeteria buildings (see site plan). Regarding the site, parking and the drive lane in front of the classroom building will be modified slightly including the addition of landscape planters and parking re -striping. (see site plan). Please don't hesitate to contact me if you have any questions. Thank y , Clint Sievers, Project Manager Principal Greg Allen, AIA NCARB Eddie Daniels, AIA NCARB Gary Sorensen, AIA LEED AP BD+C Scott Straubhar, AIA NCARB Gregory Ugrin, AIA NCARB Page I of I rA www.hummelarch.com 79136171 WARRANTY DEED For Value Received LOUIS L. KISER and NORMA J. KISER, husband and wife, the grantors , do hereby grant, bargain, sell and convey unto JOINT SCHOOL DISTRICT NO. 2, ADA A14D CANYON COUNTIES, the grantee , the following described premises, to -wit: PARCEL A A parcel of land in Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East one-quarter section corner of Section 11, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho; thence West alon the half section.line, 1326.35 feet to a point; thence North 0002' East, 265.20 feet to a point; thence South 89'30' West, 153.60 feet to a point; thence North 77039' West, 95.10 feet to a point; thence North 84033' West, 22.00 feet to the REAL POINT OF BEGINNING: thence North 84033' West 196.27 feet to a point; thence North 0002' East, 566.25 feet to a steel pin on the centerline of an irrigation ditch; thence South 73024130" East, along said centerline, 88.16 feet to a steel pin; thence South 83046' East, along said centerline 69.01 feet to a point; thence South 72155130" East, along said centerline 44.22 feet to a point; thence South 0002' West, 539.25 feet to the REAL PLACE OF BEGINNING. PARCEL B A tract of land in Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East quarter section corner of said Section 11; thence West along the Mid-section line 1326.35 feet to a point; thence North 0'02' East, 265.20 feet to a iron pin, the REAL POINT OF BEGINNING; thence North 0002' East 445.54 feet to an iron pin; thence North 81146' West, 49.44 feet to an iron pin; thence North 65009' West 140.82 feet to an iron pin; thence North 72026' West 96.12 feet to an iron pin; thence South 0002' West 519.72 feet to an iron pin; thence South 84033' East 22.00 feet to an iron pin; thence South 77039' East, 95.10 feet to an iron pin; thence North 89030' East 153.60 feet to the REAL POINT OF BEGINNING. (CONTINUED ON REVkRSE SIDE HEREOF) TO HAVE AND TO HOLD the said premises, with t air appurtenances unto the said Grantee , its heirs and assigns forever. And the said Grantor s do hereby covenant to and with the said Grantee , that t hey are the owners in fee simple of said premises; that said premises are free from all incumbrances except for taxes for the year 1979, and assessments for 1979, and that they will warrant and defend the same from all lawful claims whatsoever. Dated: STATE OF IDAHO, COUNTY OF ADA, On this".T _ Y' 11 , day of March '19 79, before me, a• n6Cary �t;Cb. cybi.and for said State, personally appeared LOU''IS L. KISEi:'a:.nd NORMA J. KISEi3','husband and wife t•` r known tome to bc'the person$' r whose names are subscribed ho,'the wi*Jiin in4trument, and acknowledged to hat,•;�A1('y/' �exe�cuted t' a same. Notary Public Residin at Meridian Idaho Comm. Expires wcrrawr ncn4 i43•A STATE OF IDAHO, COUNTY OF�CGC�Gt/ I hereby certify that this instrument was filed for record at z tha request of Cilil,l,XG0 TITLE CO. y `m., C at minutes past ) o'clock day of lt/ z , 19 �� in my office, and duly recorded in Book ( -3 of Deeds at page z ecorder Ex-OVAI-4e/--�,- By 4 ` De ut Fees $ d P Y• Mail to, PrtnWA anP Fpr @yla Rr @rMs-York Comp+nr, Rpga NORrN Onr@ S u00+v�5lory GO,✓1+nE Qp�al y ET . CA!' A!'C ' e C �D • I ,S4 B.0 P,AOC 1I0 , t , i .,s I HIGH UCIIOOI. ANNEX• s veal • ,,;gory i i � � a� APIC AJCNUE �IjS �,1 i B LC f. 11 J M�-- - R[GOR r �/ � Gln/ Pf/ic.0 Ps _, c^.T 1nA � ^ 89 ��1 `• c °�^-. i:..'r-. r�. r w OrIrKO rON ORrvO 51 �v } AOOrrrON p J �i7 +] 9 i g - prY �k 3 '� 4 5 1 3 t a� •�' 9 1, CARL, -,^,:v :. ✓_,, E hAe F1�vivcNS lim�e,�aft�n .___.,.�_... _.�`_. � _ „' .,� 9�`4 . � - �'•' ord o ?49 ,Ar. �� .r, � �1 i ,� �' yf s � !� r�uiyy I S GJ%H SC%/ s(>f11f i� •` ' , ; ; � ;'„I �;' 1 o.p° �'W�S7' f�ime•-Lirndar lrra.:c� Qz�o:c jo; G IZ.o K Ltsc_o \ t I W s y / y WEST PING'� 3 C' : �I�1 ti0. q NO. 2 NO. D '�Iti'J. • I ' tc , LOT hJ�sLR WON pA MA+[p COOL -- aR[c NON or O—df N V INIn LA ORAINAL,t LA5[NtN+ PRwosco TUTURr srow LINOS O Ro ROSrO rUlyAt 1., 1W11 —N0—If S I rwRM(Ur. 0AA5I1J , IACNAr 1 SLO'S6 •pRNROLpAOrSqC/OI WLAIG "ALAI fp ALlS RL•WApI✓rp{p 5(p[L r5 AV,LD,r u' SLINIC-S - NINIRux T5 1JH! voL.ro'roAl sropr. i ucx Aoortlox.L sraRr Nllcxr, xAI 15' $ r,, I ALR[ W(S N,O,WO,AL RAILR A SLr+CA TOR LAGN or ran _LOIN LOIS • LLNTRAL —TCR ApproR sl VCR A A O.0 ALRL Lors RL'SVAONrp[0 IN+O 5 +p�LNt Lo+s vLA ADAC PRELIMINARY SUBOIVIS{ON LAYOUT OF THE DOWNER SUBDIVISION LOWED IN THE S E 114 NE 114 OF SEC. r1, TSM, A IW, N.M • ADA COMT✓, ID rcw D.M DOWNER SCALE1' ` 100' 4 -ATE . NOV 21, 1971 r..�. -'fr 1!4GGS 8 ASSOCIATES - 619 GROVC $1REET — BOISE, IDAHO CONSULTING ENGINEERS OM Na CW6711 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6,00 2 BOISE IDAHO 06109106 03:49 PM DEPUTY Gall Garton RECORDED -REQUEST OF Foley Freeman Dorton 106091834 QUITCLAIM DEED For Value Received, Grantor, JOINT SCHOOL DISTRICT NO.2, an Idaho school district and body corporate and politic of the State of Idaho, does hereby convey, release, remise, and forever quit claim unto Grantees, THOMAS A. GEILE and BARBARA J. GEILE, husband and wife, whose current address is 2150 W. Pine Street, Meridian, Idaho 83642, all of Grantor's right, title, and interest in an easement for ingress and egress over and across the following described property located in Meridian, Ada County, State of Idaho, to wit: A parcel of land 24 feet wide adjacent on the West side of the following described line: Beginning at the East quarter corner of Section 11, Township 3 North, Range 1 West of the Boise Meridian, in Ada County, State of Idaho; thence West along the East West mid-section line a distance of 1790.15 feet to the real point of beginning; thence North 0°02' East a distance of 87 1. 18 feet to a point. TO HAVE AND TO HOLD the said premises, unto the said Grantees and their heirs and assigns forever. Dated this 54—�* day of May, 2006. JOINT SCHOOL DISTRICT NO. 2 By: �z7f�� r. LINDA CLARK Its: Superintendent e QUITCLAIM DEED - 1 STATE OF IDAHO ) ss. County of Ada ) On the _54� day of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Dr. Linda Clark, known or identified to me to be the Superintendent of Schools and Authorized Representative of Joint School District No. 2 who executed the within and foregoing instrument on behalf of said school district, and acknowledged to me that said school district executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. Notary Public for Idaho Residing at , Idaho �•.� �� A. D ��'�i, My Commission Expires: �G.•''""'UN�' ?4 �• �01TAR y 2' it pvaL1 0 frE ,0F ` p �•�. QUITCLAIM DEED - 2 STATE OF IDAHO ) ss. County of Ada ) On the 19 j day of May, 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Dr. Linda Clark, known or identified to me to be the Superintendent of Schools and Authorized Representative of Joint School District No. 2 who executed the within and foregoing instrument on behalf of said school district, and acknowledged to me that said school district executed the same. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. a .4nuxza... Notary Public for Idaho Residing at JL� , Idaho My Commission Expires: G, Mme•~ U��,'•i '* PugL1G O OF`s�,,�� QUITCLAIM DEED - 2 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6,00 BOISE IDAHO 06/09106 03:49 PM DEPUTY Gall Carrott II f RECORDED -REQUEST OF fi� Ilf Ilf f IIUfllillf Ilff Illillll f t!f Foley Freeman Borton 106091835 QUITCLAIM DEED For Value Received, Grantor, JOINT SCHOOL DISTRICT NO. 2, an Idaho school district and body corporate and politic of the State of Idaho, does hereby convey, release, remise, and forever quit claim unto Grantees, THOMAS A. GEILE and BARBARA J. GEILE, husband and wife, whose current address is 2150 W. Pine Street, Meridian, Idaho 83642, all of Grantor's right, title, and interest in an easement over and across the following described property located in Meridian, Ada County, State of Idaho, to wit: An easement for a Roadway, 16 feet in width, adjacent on the West and the Northerly to the following described line: Beginning at the East 1/4 corner of Section 11, Township 3 North, Range 1 West of the Boise Meridian, in Ada County, State of Idaho; thence West along the East West mid-section line a distance of 1790.15 feet to the real point of beginning; thence North 0°02' East a distance of 304.6 feet to a point; thence South 84°33' East a distance of 196.4 feet. TO HAVE AND TO HOLD the said premises, unto the said Grantees and their heirs and assigns forever. Dated this _q11 day of May, 2006. JOINT SCHOOL DISTRICT NO.2 By: 4r.ALli-NDA tCLA==R=K— Its: Superintendent QUITCLAIM DEED - 1 LICENSE AGREEMENT between NAMPA & MERIDIAN IRRIGATION DISTRICT and JOINT SCHOOL DISTRICT NO, 2 17 JANUARY 2005 Instrument #105011202 AOA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 45.00 9s BOISE IRANO 09123lO1i 90:32 AM IIi II1 IIt 11!! tt RECORD Bonnie Oberbiiilg RECORDER—REQUEST Of Nampa & Meridian irrigation 106011202 LICENSE ACREEMEr,TT LICENSE AGREEMENT, made and entered into this amongNAMpA & MERIDIANDISTRICT, %� day of , 2006, by and and by virtue of the laws of the State Idaho, party of t� irrigation ,ereinafter�eferrcddto as the 'Dind strict", and 1 t JOINT SCHOOL DISTRICT NO. 2, an Idaho school district, 91.1 North Meridian Road, Meridian, fdaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNSSBTH: WHEREAS, Licensee is the owner of real property (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 owns the ditch or canal known as the4-1111!1TER AL (hereinafter referred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and 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 approve construction or activity affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the wanner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect absolutely its ditch or canal and its right of way along its ditch or canal; NOW, TREEORE, for and in consideration of the premises and of the covenan ts, agreements and conditions hereinafter set forth, the parties agree as follows: 1. 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 manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with tite "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. 2. This agreement pertains only to the Licensee's modification of said ditch or canal or encroachment to the District's easement for the purposes and in the manner described herein. The Licensee shalt not change the location of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch or canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. Each facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, installed, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 4. Licensee agrees to construct, install, operate, maintain and repair each facility 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; b. an interruption or interference with the flow of irrigation water in the ditch or canal or the delivery of irrigation water by the District; C. an increase in seepage or any other increase in the loss of water from the ditch or canal; d, the subsidence of soil within or adjacent to the easement; C. any other damage to the District's easement and irrigation works. 5. 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, 4.a. through 4.e., 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. 6. Licensee agrees that the work performed and the materials used in such construction shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of 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. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and to repair any alteration by the Licensee of said ditch or canal and the casement therefor which does not comply with the terms of this agreement, and to remove any impediment to the flow of water 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 District, on demand, the costs which shall be reasonably expended by the District for such purposes. If the Licensee shall fail in any respect to properly maintain and repair such facility, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perforin 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 the 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 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 of the negligence of the District. LICENSE AGREEMENT - Page 2 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensees activity which is the subject of this agreement, nor the parties exercise of any rights or performance of any obligations of this agreement, shall be construed or asserted to extend the application ofanystatute, rule, regulation, directive or other requirement, or the j urisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, canals, drains, irrigation works and facilities which did not apply to the District's operations and activitiesprier 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 of any 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 agreement shall be of no force and effect and the Licensee shalt cease all activity and remove any facility authorized by this agreement. 9. In addition to all other indemnification provisions herein, 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 byreason of the negligent acts or omissions of Licensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this agreement. 10. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility, structure, plant, or any other improvement of any kind or nature whatsoever which the Licensee shall install on the said easement area of the District in the reasonable exercise of the rights of the District in the course of performance of maintenance 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 far maintenance or repair under this or any other paragraph -of this agreement. 11. Licensee shall place no structures, pathways or landscaping of any kind above or within the District's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the District. Nor shall Licensee permit, authorize or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District 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, whether by institution Of suit or not, the party rightfully enforcingor rightfully resisting enforcement of the provisions of this agreement, or the prevailing par ty in case suit is shall be entitled to reimbursement for its costs and reasonable attorney fees from he other partyinstituted, 13• The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this 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. 14. Nothing herein contained shall be construed to impair the right of way of the District in the 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. LICENSE AGREEMENT - page 3 15. In the event of the failure, refusal or neglect of the Licensee to comply with all of the terms and conditions of this 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 said ditch or canal, 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 of its said ditch or canal may be removed by the District. 16. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the terms and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. If any provision of this agreement is determined by a court of competent jurisdiction to be effect. invalid or otherwise unenforceable, all remaining provisions of this agreement shall remain in full force and 20. The word "Licensee", if used in the neuter in this agreement, includes the 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 to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shat 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. ATTEST: Its Secretary vttr. •. ^�r`.5 LICENSE AGREEMENT - Page 4 NAM? MERIDIAN IRRIGATION D STRICT sy,` It President JOINT SCHOOL DISTRICT NO. 2, an Idaho school district ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this -,_4_ day of2005, before e, the un ersigned, a Notary Public in and for said State, personally appearedi=. and President and Secretary, respectively,' NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation known to me to be the district that executed the foregoing of and acknowledged to me thatsuch 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. ••�1��f1•fff„� O •..•'•'••••.00 '•,� Notary Public for Idaho • 4�• tyOT.4* 0 + Residing at,Idaho -My Commission Expires: D LOOS STATE OF IDAHO) �n4•.B LVO County of ACIcL )ss. ''.,'>yT..•....••'•�,�.•`�� '•., F OF ID P•.•�. On this 134 day of ACL , 2006, before rue, the undersigned, a notary public in and for said state, personally appeared D4Li nda. e„i, to ma to be the and lir. �5r and Uesfi to ,known respectively, of the JS ih Fd.� DISTRICTNO. 2, the that executed the P ing in t and acknowledged to m0eitha 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. ��rua•rp• a. Notary Public for '��C,��,A,',��i�. Residing at . ,.?` X40• • • •• C� �� My Commission Expires: 0.Q'1t410TARp '�;-A S •. ''[1B LAG J, ••• 4. �' '•, 00.06..•' . .�. LICENSE AGREEMENT - Page 5 Project No. 05-178-02 Description for October 31, 2005 Meridian Joint School District No.2 Schlekeway Annexation Parcel Aparcel of land located in the Northeast 1/4 of Section 11, Township 3 North, Mange 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the East 1/4 comer of said Section 11, from which the center 1/4 of said Section I I bears North 89°11'16" West, 2655.19 feet; Thence along the South line of said Northeast 1/4 of Section 11 North 8901 V 16" West, 1326.35 feet (formerly described as being West, 1326.35 feet) to a point; Thence North 0°34'21" East, 731.70 feet (formerly described as being North 0° 02' East, 731.70 feet) to the intersection with the centerline of an irrigation ditch; said point also being the REAL POINT OF BEGINNING; Thence along the centerline of said irrigation ditch the following courses and distances: Thence North 86023158" West, 29.48 feet; Thence North 67000'55" West, 54.67 feet; Thence North 63 °2743" West, 102.21 feet, Thence North 75028'57' West, 49.80 feet; Thence North 70°19127" West, 48.91 feet; Thence North 73°29'51" West, 52.10 feet; Thence North 83 059'22" West, 44.75 feet; Thence North 761037'29" West, 56.19 feet; Thence North 69051'24" West, 45.67 feet; Thence North 73°09'01" West, 212.23 feet; Thence North 66°28'59" West, 51.37 feet; Thence North 6848'53" West, 63.46 feet to the beginning of a curve to the right; Thence along said curve to the right an arc distance of 52.40 feet, said curve having a radius of 110.00 feet, a central angle of 27°17'40", and a chord bearing and distance of North 55110'03" West, 51.91 feet; Thence North 41'3 F13" West, 50.97 feet; Thence North 44°46'38" West, 249.64 feet; Exhibit A, page 1 Thence North 4410'59" West, 145.24 feet to the intersection with the North line of the Southwest 1/4 of the Northeast 1/4 of said Section 11 (said centerline of irrigation ditch formerly described as being the following courses: North 86'17' West, 42.28 feet; North 64040'30" West, 144.00 feet; North 72055'30" West, 144.66 feet; North 83'46' West, 69.01 feet; North 73'24'30" West, 88.16 feet; North 73°24'30" West, 219.16 feet; North 67'35'30" West, 133.40 feet; and North 45'26'30" West, 417.29 feet); Thence leaving said centerline of irrigation ditch and along the said North line South 89'24'32" East, 1126.24 feet; Thence South 00'3421" West, 588.56 feet to the REAL POINT OF BEGEVNING. Contains an area of 9.71 acres, more or less. Prepared By: Idaho Survey Group, P.C. Patrick J. Scheffler, PLS Exhibit A, page 2 Lend Surreys., Inc. 4696 Overland Rd. STS: 162A BOIS* Idaho A 83705A 208.342-7957 0 2043-342-7437 FAX MERIDIAN HIGH SCHOOL REMAINDER PARCEL DESCRIPTION A PORTION of SEC'nON 11, TowNstiw 3 NORT ti, RANGE 1 WEST, B*ME Mt MOtAN, CITY OF MERIDIAN, AOA CauNTY, IDAHO A portion of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows; Commencing at the found Aluminum Cap Monument marking the East la Comer of said Section 11, from which the found Blass Cap Monument marking the Center thereof bears North 89°11'16" West, a distance of 2,655.19 feet; thence along the East-West Center line of said Section 11, North 89'11'16" West, a distance of 1,326.35 feet to a point; thence leaving said Center line, North 00"42'18" East (formerly North 00002' East), a distance of 710.74 feet to a point on the center line of an inigaiion ditch, the Northeas" comer of property described in Warranty Deed Instrument Number 7702729 and Warranty meed Instrument Number 7913614, the TRUE POINT OF BEGINNING; thence along said ditch and the Northerly boundary of the propertydesiribed in said Deeds the following courses and distances: North 89021'27" West, a distance of 36.34 feet; North 66°36'08" West, a distance of 45.32 feet; North 63°41'34" West, a distance of 58.34 feet; North 64"55'14" West, a distance of 51.53 feet: North 710G6'19" West, a distance of 93.61 feet to its intersection with the Easterly boundary of Parcel A as described in Warranty Deed Instrument Number 7913614; Thence akmg said Easterly boundary, North 00°34'21" Esstw a distance of 22.36 feet to a point on the center line of an irrigation ditch an the Southerly boundary of property described in Warranty Deed Instrument Number 788042, Warranty Deed instrument Number 788044, and Quit Claim Deed Instrument Number 99050732; thence along said ditch and the Southerly boundary of the property described in said Deeds the ibilawing courses and distances: South 70°1927" East, a distance of 48.91 feet; South 75°28'57" East, a distance of 49.80 feet; South 63°27'113" East, a distance of 102.21 feet; South 67°00'55" East, a distance of 54.67 fest; Exhibit A, page 3 South 86°23'58" East, a distance of 29.48 feet to the Southeasterly comer of property described in said - Deeds; thence South 0003421" West, a distance of 20.96 feet to the TRUE POINT OF BEGINNING. Containing 6,388 square feet (0.147 acres), more or less. Subject to existing easements and lights -Of -way as any may exist, of record or not of record. It is the intention of this description to include all property described In Warranty Deed Instrument Number 728700 lying Southerly of the South boundary of property described in Warranty Deed Instrument Number 7702729 and Warranty Deed Instrument Number 7913614, and Northerly of the North boundary of property described in Warranty Deed Instrument Number 788442, Warranty Deed Instrument Number 788044, and Quit Claim Deed Instrument Number 99050732. Refier to Sketch `AA'. Fox Land Surveys, Inc. Timothy J. Fox, PLS 7612 END OF DESCRIPTION r1F:taj exhibit A, page 4 W:11'ROJECrWOOS\n$-023.II WROIEC'iT�es don,LgU25stripCk..do, .J a Q''''''''' z G] w m 10-2 zA"' It A, page 5 �( C�j ooz�0. 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"."-- -` � r. ,•'cf'%�9'J„ w�. �.... . `b '. r . rrr._: 1J; '� Y 1 ` � pp � ��•�• �'n^`^` ^'."may . `.. + tt IT C 1'�ose of icense The purpose of this License Agreement is to permit Licensee to: 1. pipe and relocate a portion of the Rutledge Lateral; 2. construct a baseball :field over the a portion of the piped Rutledge Lateral; 3. construct and install apump station and diversion box within the District's easement forthe Rutledge Lateral; and 4• construct an access road for the District's to have secondary access to the Rutledge Lateral, all within Licensee's property described in Exhibit A, Meridian High School, located northwest of the intersection of Pine Street and Linder Road, in Meridian, Ada County, Idaho. TI' D eoial Conditions a• Construction shall be in accordance with certain plans consisting of four sheets: sheet C1.0 entitled "Technical Education Center Meridian HS, Sheet Demolition," bearing engineer's stamp dated December 6,2005; sheet C2.0 entitled "Technical Education Center -Meridian HS, Sheet Gravity Irrigation Plan," bearing engineer's stamp dated December 6,2005; sheet C3.0 entitled "Technical Education Center - Meridian HS, Sheet Gravity Irrigation Details," bearing engineer's stamp dated December 6,2005; and sheet 13.00 entitled "Technical Education Center - Meridian HS, Sheet Overall Layout Plan," dated November 21, 2005. These plans have been delivered to the District's water superintendent, are in his possession in his Offices, and are hereby incorporated by this reference. b. Licensee shall convey to the District an easement for that section of the Rutledge Lateral relocated by Licensee under the terms of this agreement. In addition, as a condition of allowing Licensee to construct the baseball field within the District's easement, Licensee is providing a access easement around the baseball field so that the District has continuous access along the Rutledge Lateral. Accordingly, Licensee shall also convey to the District an easement for the access and maintenance road. Execution and delivery of said easements are material and essential term of this agreement and if not executed and delivered, at the option of the District this agreementmay be terminated and be of no force and effect. Upon request by Licensee and submission of a legal description to the District, the District shall relinquish its easement along the Rutledge Lateral where it has been replaced by relocation of the Rutledge Lateral. C. The District and Licensee recognize that there is currently some u ownership of small portion ncertainty as to Licensee's of the real property described in Exhibit A, and that Licensee would have no authority to grant the District an easement across or over said property if it is not owned by Licensee. Licensee agrees that it shall make efforts to clarify and confirm Licensee's ownership of the property at Licensee's own expense and cost. If Licensee is ever determined not to be the owner of the property Licensee shall indemnify, defend and hold harmless the District for any claims, demands, damages, injury, cost or expense incurred by or asserted against the District arising out of the District's easement and pipe for the Rutledge Lateral across said property. In addition, Licensee agrees -that if. Licensee is -determined not to be the owner of the property, and a suitable easement cannot be obtained from the recognized owner, Licensee agrees to relocate the Rutledge Lateral and the District's easement onto property in which Licensee is the undisputed property owner, at Licensee's sole cost and expense. LICENSE AGREEMENT - Page 6 d. The pipe, installation, and backfill shall, ata minimum, meet the requirements of the District and standard specifications for such materials and construction, asset 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. Supplementing paragraph 9 of this agreement, within one week after the execution of this Agreement, the Licensee shall provide the District written notice that the facilities installed and work performed by the Licensee are ready for anal inspection and approval by the District. Within one month after receiving such written notification from the Licensee, the District shall perforin 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. If the District's engineers perform such inspection, Licensee shall pay the District's engineers any reasonable charge in connection therewith. L The Licensee shall not fill, alter, or perform any work affecting the Rutledge Lateral or the District's casements for the Rutledge Lateral, and the Rutledge Lateral shall remain open and serviceable for use and maintenance the District forali irrigation and drainage purposes until and unless the Licensee has from the District offinal approval of the construction and installation ofthe new ditch and pipe for the Rutledge Lateral as provided in paragraph d. 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 Edwards Lateral where it has been replaced by relocation of Rutledge Lateral. Licensee shall be responsible for operation and maintenance associated with the Licensee's backfill of the Rutledge 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 Rutledge Lateral. 9. With respect to the piping of the Rutledge Lateral, the District shall continue to have the right and responsibility for operation and maintenance of the relocated Rutledge Lateral, however, the Licensee shall be responsible for operation and maintenance associated with the Licensee's piping of the Rutledge Lateral, including rehabilitation or replacement of the pipe and rehabilitation of the District's easement for a period of three years from the date of this Agreement. 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 the Rutledge Lateral and prevent the loss of water from the Rutledge Lateral. If the Licensee shall fail in any respect to properly operate, maintain and repair such portion of the Rutledge 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 the Licensee prior to the District's perform of emergency the District ing such maintenance, repair or other work except that in cases 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 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 of the negligence or fault of the District. h• The District's easement along the section of the Rutledge Lateral as relocated shall be 40 LICENSE AGREEMENT - page 7 feet, 25 feet to the left and 15 feet to the right of the centerline looking downstream, and shall include all easements for the Rutledge Lateral described herein. The access easement that is to be granted to the District is described in said access easement. i. 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 duty 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. J• 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. k. In the event the District is required by any governmental authority to acquire or comply 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, filing and other requirements. 1. 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 implied, to regulate control, or prohibit the discharge or contribution 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. m. Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction or activity within the District's easements for the Rutledge Lateral except as referred to in this agreement or exhibits thereto without the prior written consent of the District. n. Piping and relocation of the Rutledge Lateral shall be completed prior to March 15, 2006. All other construction shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT - Page 8 WARRANTY DEED " 13:) U1.)1 For Value Received D. M. DOWNER and MARVELYN I, DOWNER, husband and wife, the grantors, do hereby grant, bargain, sell and convey unto JOINT SCHOOL DISTRICT NUMBER 2, ADA AND CANYON COUNTIES, IDAHO, the grantee , the following described premises, to -wit: Part of the SE4 of the NE4 of Section 11, Township 3 North, Range l West, Bote Meridian, in Ada County, Idaho, described as follows: beginning at a point on the section line which bears North 0009' East, 125.00 feet from the quarter section corner common to Sections 11 and 12, T. 3N., R. 1W., B.M.; thence North 89°38' West along a line parallel to the mid-section line of said Section 11, 205.43 feet to a point; thence North 0009' East along a line parallel to the Easterly boundary line of said Sec. 11, 200.00 feet to a steel pin; thence North 89038' West along a line parallel to the mid-section line of said Sec. 11, 190.00 feet to a steel pin; thence South 0009' West along a line parallel to the Easterly boundaryline of said Sec, 11, 126.72 feet to a steel pin; thence North 61041' West, 95.12 feet to a steel pin; thence North 0022' East, 1.76 feet to a steel pin; thence North 61041' West, 173.20 feet to a steel pin; thence North 61022' West, 151.80 feet to a steel bin; thence South 0022' West, 397,60 feet to a point on the mid-section line of said Section 11; thence North 89038' West along the mid-section line, 559.45 feet to the Southwesterly corner of the SE4 NE4 of said Sec, 11; thence North 0007' East along the Westerly boundary line of said SE4 NE4, 1260.50 feet to a steel pin on the southerly boundary line of the drain canal right-of-way; thence South 89048130" East along said boundary on a line parallel to and 60.00 feet Southerly of the Northerly boundary line of said SE4 NE4, 976.58 feet to a steel pin; thence South 0009' West along a line parallel to the Easterly boundary line of said C...'11,:.8�aslwa3t�:�tlaaace�SpufFs:.:A9°da&.l�till- East along a line parallel to the Northerly boundary line of the SE -14 NE4 of said Sec. 11, 350.50 feet to a point on the section line common to said Sections 11 and 12; thence South 0009' West along the section line, 1009.58 feet to the POINT Or BEGINNING. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. w.rr.n,y D -d 203-A Pjnted and For Sale By ) qymgYork Company, Aobe ro Cr STATE OF 1DAHO, COUNTY OF ADA STATE OF IDAHO, COUNTY OFa•r"4" On this �23 day of Jan. 19 73 1 hereby certify that this instrument was filed for record at before me, A,nOtery public in and for said State, personally the request of .flltJl rauC;ilhPtl{ iItLG vv, appexred� f„ D -PAWN,ER and MARVELYN I. at .$�5 minutes past •3 ('� o'cloekP m., this d2'f day of�d•�cJ ..M, DOWN$R, and wife, 19 7d, in my office, and duly recorded Book .:husband of Deeds at page known, to me'tq be the'personS whose name s are subperibed to the witltin instrument, and acknowledged to l,LA -NCC A. PLAN 1 11N,, �~ me that they executed the same. Ex -Officio -Rec der+ Notary Public Residing at Meri ian Idaho Comm. Expires By_ Fees a Deputy. 5 , 5- , C / % j / Mail to; w.rr.n,y D -d 203-A Pjnted and For Sale By ) qymgYork Company, Aobe ro Cr _SEWER EASEtIENT THIS INDENTURE, made this 17th day of October 19 77, between Joint School District No. 2, Ada and Canyon Counties, Idaho , the party _ of the first part, and hereinafter called the Graator—, and the City of Meridian, State of Idaho, a municipal corpora- tion, the party of the second part, and hereinafter called the Grantee; WITNESSETH WHEREAS, the Grantor desired to provide a sanitary sewer right- t' of -way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an under- ground pipeline to be constructed by the Grantee; and WHEREAS, it will be necessary to maintain and service said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and for the sum of Ten Dollars ($10.00) and other good and valuable consideration, the Grantor do es hereby give, grant and convey onto the Grantee the right-of-way for an easement for the construction, operation and maintenance of a sanitary sewer line over and across the following described property: A strip of land 20 feet in width adjacent to and centered upon the following described line: Commencing at the Southeast corner of the NE 1/4 of Section 11, T. 3 N., R. 1 W., B.M., Ada County, Idaho, and running N. 89°10157" W. 1306.35 feet along the Southerly boundary of said NE 1/4, Section 11, to the TRUE POINT OF BEGINNING.OF THE EASEMENT; thence N. 0°34'33" E. 1307.06 feet to the POINT OF ENDING OF THE EASEMENT on the Northerly bank of Ninemile Creek; EXCEPTING THEREFROM all existing rights of way for West Pine Avenue and Ninemile Creek. fl The easement hereby granted is for the purpose of construction and operation of a sanitary sewer line and allied facilities, together with their maintenance, repair, and replacement at the convenience of the Gran- tee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto that the Grantee will timely complete the work of laying the 'sanitary sewer line and restore the premises used therefor to a condi- tion comparable with that existing prior to exercising this easement; that in making future repairs the Grantee will expediently replace and restore the premises to a condition comparable to that existent prior to under- taking such repairs and replacements. THE GRANTOR hereby covenants and agree s that it_ will not place or allow to be placed any permanent structures on the area described for this easement which would interfere with the use of said described ease - meat for the purposes stated herein. IT IS HEREBY FURTHER AGREED that the Grantor does hereby give and grant to the Grantee the right to use during initial construction an additional strip of land described as follows: A strip of land 30 feet in width adjacent to and Easterly of the above described permanent easement. IT IS UNDERSTOOD that the strip of land described in the previous paragraph is for the purpose of constructing said sanitary sewer line herein described, the same to expire when the initial construction is completed. IT.IS UNDERSTOOD and agreed that the Grantee will restore said strip to a condition comparable to that existent prior to the undertaking of the construction of such sanitary sewer line. • The Grantor dohhereby covenant with the Grantee that �it_. is lawfully seized and possessed of the aforementioned and described tract of land, and that _ i L has a good and lawful right to convey said ease- ment, and that — it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said part,_y_ of the first part has hereunto caused its officers to subscribe their signatures the day and year .first hereinabove written. c.r�iJC.� Earl Mar airman of the Board Attest: Clerk of the Board Aug t Hei , perintendent , STATE OF IDAHO ) ss County of Ada ) On this 17th day of October in the year 1977 , before me the undersigned, a Notary Public in and for said State, personally appeared Earl Marks, Chairman of the Board and August Hein, Superintendent of Joint School District Number 2, Ada and Canyon Counties, Idaho , that executed the within instrument, and acknowledged to me that siad entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official steal the day and year first above written. Notary Public for the State of Idaho Residing at Meridian , Idaho • dwantee herein agrees to restore the property covered in this easement to its present condition Imadiatelr vpom the completion of the Placing of sews lines, and restoration work sball call for apohipe letion cto 940 far all bavkfill dose to restore grading to original 13 3O ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 6.00 i BOISE IDAHO 081110 11:57 AM DEPUTY Bonnie Oberblllig RECORDED -REQUEST OF Tllle One i 05118112 Order No.: A0544337 PERSONAL REPRESENTATIVE'S DEED FOR VALUE RECEIVED, CHRIS DEMPSEY, PERSONAL REPRESENTATIVE OF THE ESTATE OF T)M=KWJJ=I31EMUE8nF CLYDE L. DEMPSEY, DECEASED The Grantor(s),do(es) hereby grant, bargain sell and convey unto JOINT SCHOOL DISTRICT #2, AN IDAHO SCHOOL DISTRICT whose current address is 911 N. MERIDIAN ROAD, MERIDIAN, IDAHO 83642 the Grantee(s), the following described premises, in Ada County, Idaho, TO WIT: Part of the Southeast quarter of the Northeast quarter of Section 11, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho, described as follows: Beginning at a point on the Section line which bears North 0°09' East 125.00 feet from the Quarter Section corner common to Sections I I and 12, Township 3 North, Range 1 West, Boise Meridian; thence North 89°38' West along a line parallel to the mid-section line of said Section 11, 205.43 feet to a point, the REAL POINT OF BEGINNING; thence North 0°09' East along a line parallel to the Easterly boundary line of said Section 1 l , 200.00 feet to a steel pin; thence North 89°38' West along a line parallel to the mid-section line of said Section 11, 190.00 feet to a steel pin; thence South 0°09' West along a line parallel to the Easterly boundary line of said Section 11, 126.72 feet to a steel pin; thence South 61°41' East 86 feet to a point; thence South 13027' East 13.9 feet to a point; thence South 144 feet to a point; thence East 81 feet, more or less; thence North 125 feet; thence East 33.8 feet, more or less, to the REAL POINT OF BEGINNING. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, heirs and assigns forever. And the said Grantor(s) do(es) hereby covenant to and with the said Grantee(s), that (s)he is/are the owner(s) in fee simple of said premises; that they are free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to all existing patent reservations, easements, right(s) of way, protective covenants, zoning ordinances, and applicable building codes, laws and regulations, general taxes and assessments, including irrigation and utility assessments (if any) for the current year, which are not due and payable, and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever. Dated: 08/17/05 THE ESTATE OF CLYDE L. DEMPSEY BYQ_ a CHRIS DEM EY, PERSONAL REPRESENTATI E State of IDAHO) County of ADA) On this day of AUGUST in the year of 2005, before me the undersigned, a notary public in and for said state, personally appeared CHRIS DEMPSEY, known or identified to me to be the person whose name is subscribed to the within instrument, as the Persona. Representative of the Estate of Clyde L. Dempsey and acknowledged to me that he T.Xu, d the same as s h personal representative for said estate. D J16,4 Misty Gerber ••``Y pG ` Notary Public Residing in: Meridian, Idaho Expires: 6/12/2009 = `t µ s • p � � Y ••p prp° N C:) CD 0 pp - o W E RD a A RD AFFIDAVIT OF LEGAL INTEREST STATE OF IDAHO ) COUNTY OF ADA } Cz ---- �-f2ti71-lAr"� (name) (address) (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: Ct SNA Sltvi s 0 429 (name) (ad e to submit the accompanying application(s) pertaining to that property. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this l day of 20 (Signature) SUB •MPNA••>VV�ORN to before me the day and year firstabove written. 4Q`�j�OTARp • 9��' Ake d �* �•�� *= (Notary Public for Idaho) t�s••puB�G�• _$E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 •••�..Pi�' ( iii�34-5533 • Facsimile: (208) 888-6854 • Website: www.nieridiancity.org �� %�•F�oF��:.�•• (Rev. 061021-1011) Residing at: ft.N , `amu . My Commission Expires 3•,;?7-/.15' 33 E. Broadway Avenue, Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 - Website: www.meridiancily.org (Rev. 06102P-011) CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES Project/Subdivision Name: 14412, r 1-414 -! XXw ! S% Date: City Staff: 6'tl. ► ck,-- Location:ado H►. r; -- Comprehensive ; -- Comprehensive Plan Future Land Use Map Designation: Size of Property: Vl a gyres Design Guidelines Development Context: Ut I," IS,, t) ,r Se c To Q Proposed Use: /�/o Com„ Proposed Zoning: -&-,� Existing Use: -5: At" / Existing Zoning: R -y Surrounding Uses: a Street Buffer(s) and/or Land Use Buffer(s): 2.5' / 21; Open Space/Amenities/Pathways: /U' oa,4,,)av Q/o ti o r-4� Access/Stub Streets/Street System: c -517 Sewer & Water Service: 5��. / - s ca a C• 5�+. v: e Topography/Hydrology/Floodplain Issues: 01 Canals/Ditches/Irrigation/Hazards: History: Other Agencies/Departments to Contact: ❑ Ada County Highway District ❑ Nampa Meridian Irrigation District ❑ ❑ Idaho Transportation Department ❑ Settler's Irrigation District ❑ ❑ Sanitary Services Company ❑ Police Department .® ❑ Central District Health Department ❑ Fire Department ❑ VA C'4y In Public Works Department Building Department Parks Department Other. 000i Application(s) Required: 1 �' ,s � ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Short Plat ❑ Alternative Compliance ❑ Development Agreement Modification ❑ Time Extension - Council ❑ Annexation ❑ Final Plat ❑ UDC Text Amendment ❑ City Council Review ❑ Final Plat Modification ❑ Vacation ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Variance 6,60 ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat f Other C 2 4- �s R] Conditional Use Permit # t36yaa ❑ Private Street -1�, e a cc�SS��I Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. A Meridian High School Remodel/Addition Neighborhood Meeting Sign -in Sheet August 29, 2012 — 6:30pm NAME CONTACT (if needed) d,,eA S� Ey 10 `0! / C h f �5 Zalty COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. f; F t , , Applicant/agent signature Date d=�h'_j� SWmg ai'd H1,2 HE g dJ33J33a x a N 3 5 J i F1 7 „ a t %OOl 1N3WdOl3A30 NOISK tttlt� �Ea4sE d8 g�X w F`a q5' $p zh ei4 g tl lit �to 2 FR E Itli8� O a M'•' ` W dJ33J33a x a N 3 5 J i F1 7 „ a t %OOl 1N3WdOl3A30 NOISK tttlt� �Ea4sE d8 g�X w F`a w gb"oa X -4 F g "d MR a N qp 8 n ARB; ' � guaogS o g€ y 2� Fed 2s € 1� Fir d _ gu J��S F'yR�TTo N qc a F t -g AGE m b h'g Vin: m ASD k2 7 of -06 .fins"g� $€ � oa m q 8 8=° R pup C nip „a �xM� OE ge9i tea= 4 AM e R q5 -'R � n s Nim o DESIGN DEVELOPMENT -100% ..,i.,. -"yam ♦ m : H m o _•.. D is HUMMEL is to slow traffic near pickup and drop-off areas, therefore, creating a safer environment. The parking area in front of the classroom building will be re -striped to add safety and efficiency. Pedestrian Plan Pedestrian Access to the site will remain unchanged by this project. Sidewalks are provided at all adjacent streets. Sidewalks will be modified at the addition to incorporate pick-up and drop-off areas (see site plan). Crossing Guard Plan Crossing areas at adjacent streets will remain unchanged by this project. Crossing areas will be added between the parking lot and the addition (see site plan). Barriers between highways and school Barriers between highways and school will not be affected by this project. The scope of this project is to remodel and existing building and to construct an addition internal to the site. Location of school zone School zoning (Medium -Low density Residential, R-4) will remain unchanged by this project. Need for flashing beacon At this time traffic volumes to and from the school will remain unchanged by this project. Per phone conversations with Mindy Wallace, ACRD, they will review the plans submitted in the Principal Conditional Use Application and comment if flashing beacons are needed. Greg Allen, AIA NCARB Need for traffic control signal Eddie Dwiels, AIA NCARB At this time traffic volumes to and from the school will remain unchanged by this project. Per Gary Sorensen Aa phone conversations with Mindy Wallace, ACHD, they will review the plans submitted in the LEEDAPBD+C Conditional Use Application and comment if traffic signals are needed. sconStraubhar,AIA NCARB Anticipated future improvements Gre"Ugrin,ALA There are no anticipated improvements to Meridian High School beyond this project. NCARB Speed on adjacent highways Speed on adjacent highways will remain unchanged by this project. Traffic volumes on adjacent highways At this time traffic volumes to and from the school will remain unchanged by this project. IIF�A� Page I of 2 r—A www.humnx4arch.com Boise: Meridian High School Remodel/Addition – Conditional Use Application 2785 North Bogus Basin Road Public School Facility Checklist Narrative Boise, Idaho 83702 October 2, 2012 tom: (206) 343-7523 fax: (208) 343-0990 School Bus Circulation Plan The school bus circulation will remain unchanged by this project. Currently buses are Twin Falls: observed entering the site from Linder, parking in front of the gym, and exiting onto Pine. 111 shoshowSweet North Suite ► 201 Access Safety Twin Falk, ID 83301 Access safety to the site will remain unchanged by this project. The Addition to Meridian High phew. (208) 735-5350 School will narrow a portion of the front drive to the school (see site plan). The design intent fax: (208) 735.5993 is to slow traffic near pickup and drop-off areas, therefore, creating a safer environment. The parking area in front of the classroom building will be re -striped to add safety and efficiency. Pedestrian Plan Pedestrian Access to the site will remain unchanged by this project. Sidewalks are provided at all adjacent streets. Sidewalks will be modified at the addition to incorporate pick-up and drop-off areas (see site plan). Crossing Guard Plan Crossing areas at adjacent streets will remain unchanged by this project. Crossing areas will be added between the parking lot and the addition (see site plan). Barriers between highways and school Barriers between highways and school will not be affected by this project. The scope of this project is to remodel and existing building and to construct an addition internal to the site. Location of school zone School zoning (Medium -Low density Residential, R-4) will remain unchanged by this project. Need for flashing beacon At this time traffic volumes to and from the school will remain unchanged by this project. Per phone conversations with Mindy Wallace, ACRD, they will review the plans submitted in the Principal Conditional Use Application and comment if flashing beacons are needed. Greg Allen, AIA NCARB Need for traffic control signal Eddie Dwiels, AIA NCARB At this time traffic volumes to and from the school will remain unchanged by this project. Per Gary Sorensen Aa phone conversations with Mindy Wallace, ACHD, they will review the plans submitted in the LEEDAPBD+C Conditional Use Application and comment if traffic signals are needed. sconStraubhar,AIA NCARB Anticipated future improvements Gre"Ugrin,ALA There are no anticipated improvements to Meridian High School beyond this project. NCARB Speed on adjacent highways Speed on adjacent highways will remain unchanged by this project. Traffic volumes on adjacent highways At this time traffic volumes to and from the school will remain unchanged by this project. IIF�A� Page I of 2 r—A www.humnx4arch.com HUMMEL Boise: 2785 North Bogus Basin Road Effect upon the highways level of service Boise, ldaho83702 Effect upon the highways level of service will remain unchanged. phone(208)343-7523 fax (208) 343 -OW Need for acceleration or deceleration lanes At this time traffic volumes to and from the school will remain unchanged by this project. Twin Falls: 111 Shoshone Street North Internal traffic circulation Suite #201 Internal traffic circulation will be modified slightly to add efficiency and safety (see site plan). Twin Falls, ID 83301 The drive lane in front of the addition will be narrowed to slow down traffic at pick-up and ovone (208) 735-5350 drop-off areas. The parking lot in front of the addition will be re -striped. While maintaining fax: (208) 735-5993 the parking code requirements, this will create safer and more efficient traffic patterns within the site. Anticipated development on surrounding undeveloped parcels No anticipated developments on surrounding parcels at this time. Zoning in the vicinity North — Medium Low Density Residential South — Medium High Density Residential with a small portion of Neighborhood Business and Limited Office. East — Mixture of Limited Office and Medium High Density Residential West— Medium Low Density Residential Access control on adjacent highways Access control on adjacent highways to remain unchanged by this project. Required striping and signing modifications There are no known required striping and signing modifications at this time. Funding of hiahwav improvements to accommodate development Not Applicable. Principal Proposed highway projects in the vicinity Greg Allen, AIA Not Applicable. NCARB Eddie Daniels, AIA NCARB Gary Sorensen, AIA LEED AP BD+C Scott Straubhar, AIA NCARB Gregory Ugrin, AIA NCARB F.%Project%10064-00 Meridian High School RemodeRIO Project Milestones%04 Agencey reviewr! ow setlRemodel_Addition%CU_DR app%2012-10-2 public school facility checklist narrative.docx P e www.hatwnetarch.com Hemidg Nvemborl $; 2012 File No.: CUP -12-015 Project Name: Meridian High School Addition Request: Request for conditional use permit approval to construct a new 40,000 square foot addition to Meridian High School, by Joint School District No. 2. Location: 1900 W. Pine Avenue, in the NE '/ of Section 11, Township 3 North, Range 1 West.