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Bridgetower Subdivision AZ 00-017k1TY CLERK FILE CHECKLIST Project Name: Bridgetower Subdivision File No. Contact Name: Primeland Development Phone: Date Received from Planning and Zoning Department: Planning and Zoning Level: 51 Transmittals to agencies and others: 0 Notice to newspaper with publish dates: El Certifieds to property owners: AZ -00-017 385-7310 July 18, 2000 Hearing Date: August 8, 2000 July 18, 2000 21 -Jul -00 and 4 -Aug -00 ❑ Planning and Zoning Commission Recommendation: Approve ❑ Deny Notes: City Council Level: ❑ Transmittals to agencies and others: ❑ Notice to newspaper with publish dates: ❑ Certifieds to property owners: ❑ City Council Action: Hearing Date: and ❑ Approve ❑ Deny ❑ Findings / Conclusions / Order received from attorney on: Findings / Conclusions / Order: ❑ Approved by Council: ❑ Copies Disbursed: ❑ Findings Recorded Development Agreement: ❑ Sent for signatures: ❑ Signed by all parties: ❑ Approved by Council: ❑ Recorded: ❑ Copies Disbursed: Ordinance No. Resolution No. ❑ Approved by Council: ❑ Recorded: Deadline: 10 days ❑ Published in newspaper: ❑ Copies Disbursed: Notes: Resolutions: Original Res /Copy Can. Minutebook Copy Res / Copy Cert: City Clerk City Engineer City Planner City Attorney Sterling Codifiers Project File Copy Res / Original Cert: Ada County (CPAs) Applicant (non -CPAs) Recorded Ordinances: Original: Minutebook Copies to: City Clerk State Tax Comm. State Treasurer, Auditor, Assessor Sterling Codifiers City Attorney City Engineer City Planner Project file Applicant (if appl.) Findings / Orders: Original: Minutebook Copies to: Applicant Project file City Engineer City Planner City Attorney Record Vacation Findings Recorded Development Agreements: Original: Fireproof File Copies to:Applicard Project file City Engineer City Planner City Attorney (208)884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: AZ -00-017 Request: Annexation and Zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Your Concise Remarks: Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department MAYOR HUB OF TREASURE VALLEY Robert D. Corrie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL CITY OF MERIDIAN (208) PUBLIC MEMBERS WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208)884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: AZ -00-017 Request: Annexation and Zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Your Concise Remarks: Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department �.� CITY OF MERIDIAN ast Idaho Street, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 �:p17 APPLICATION FOR ANNEXATION AND ZONING OR REZONE PROPOSED NAME OF SUBDIVISION: Bridgetower Subdivision GENERAL LOCATION: S `/2 Section 35, T4N.. R1 W. TYPE (RESIDENTIAL, INDUSTRIAL, COMMERCIAL): Residential ACRES OF LAND IN PROPOSED ANNEXATION: 52.90 PRESENT LAND USE: Agricultural and Residential PROPOSED LAND USE: Residential (106 Buildable and 21 Common Lots) PRESENT ZONING DISTRICT: RT (Rural Transition) PROPOSED ZONING DISTRICT: R-4 (Low Density Residential) APPLICANT: Primeland Development Co. LLP PHONE: 385-7310 ADDRESS: 1111 S. Orchard Suite 155 Boise Idaho 83705 ENGINEER, SURVEYOR, OR PLANNER: Becky Bowcutt PHONE: 484-3904 ADDRESS: 11283 W. Hickory Dale Boise Idaho 83713 OWNER(S) OF RECORD: E.L. Bews, Chandos Hoaglun & Young Lands Ltd PHONE: 867-1200 ADDRESS: (Bews) 5204 Sorrento Circle Boise ID 83704 (867-1200) (Hoaglun) 2430 Ustick Road, Meridian, ID 83642 (884-5208) (Young) 2420 Ustick Road, Meridian, ID 83462 (888-5559) CSignature44apiplicant 0601 \annex -rezone -mer APPLICATION FOR ANNEXATION (BRIDGETOWER SUBDIVISION) Primeland Development Co., LLP (1111 S. Orchard, Suite 155, Boise, Idaho 83705). Phone: 385-7310 & Fax: 385-7373 2. E.L. Bews (5204 Sorrento Circle, Boise, Idaho 83704; Phone: 867-1200) Chandos Hoaglun (2430 Ustick Road, Meridian, Idaho 83642; Phone: 884-5208) Young Lands Ltd. (Harry Young) (2420 Ustick Road, Meridian, Idaho 83642; Phone: 888-5559). 3. Notarized Requests attached. 4. Legal description attached. 5z.90 5. The parcel of 48-@R acres is currently being used for agricultural purposes and has two existing single family dwellings located north of Ustick Road. 6. The proposed development consists of (127) total lots. (101) single family dwelling lots, (2) existing residential lots, (3) future office lots, (19) common lots, (1) Homeowner's Recreation Center lot and (1) park lot. 7. The parcel is currently zoned RT (Rural Transition) under jurisdiction of Ada County. 8. The requested zoning designation is R-4 (Low Density Residential). 9. The parcel is north of Fieldstone Meadows Subdivision and Tumble Creek Subdivision. Both developments are zoned R-4 and have lot sizes consistent with the ones proposed in Bridgetower Subdivision. 10. The requested R-4 zone is consistent with the zoning designations in this area. A City sewer main line is located adjacent to the proposed project on the north side of Five Mile Creek. Water facilities are available in Ustick Road. Annexation of this property will be the first step in future annexation north where the No -Name sewer trunkline is planned for construction. 11. The Meridian Comprehensive Plan designates this area as single family residential. This development would be in compliance with the single family APPLICATION FOR ANNEXATION (BRIDGETOWER SUBDIVISION) classification. 12. (100) scale vicinity map attached. 13. (30) copies of 300 scale vicinity map is attached. 14. List of property owners within 300 feet is attached. 15. Annexation fee attached: $100W. /320, 3� 16. Affidavit of posting is attached. 17.Affidavit of accuracy is attached. STATE OF IDAHO ) ss COUNTY OF ADA ) .. rFIDAVIT OF LEGAL INTEREST Name Address LC-� , �AAk83?0T, being first duly sworn upon (city) (state) - oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to �RtME`M� D 64r Cd • LLQ l�l� �'. O�Q,c� t� name ) �Lct 155 (a , SO rC-f-, x+40 7370S to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. Dated this day of (Signature) SUBSCRIBED AND SWORN to before me the day and year first above written. 0®edees� V 1. o6*ee ss�b�� o��•r .,,. �� tary Public for Idaho CIAResiding at 7aOlF� My Commission Expires: �IlAtlel�� 49, 5 J 4 p ,$�'+61E66i Gy4ta�Sv 5 STATE OF IDAHO ) ss COUNTY OF ADA ) I Name 14644,0 /* Al (city) :FIDAVIT OF LEGAL INTEREST D . �-iu -X4>-+h10 (state) OCA6 U%C-77o Address being first duly sworn upon oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to #094 A46 c --A/D Df -✓f -c v (-*"4A( Ir &. uP I (name) � t � �� (address) /55, �.77,45 to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and it's 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. Ili Dated this.� day of d SUBSCRIBED AND SWORN to befg(e me the day and year first above written. ►�b,sa�toreise�ie •vim®��,� �.. vis ���®�®,b vat®ti DoT A,:) �, ? a PfT- ?r o Not Public f Idahcl Residing at ! My Commission Expires: 4/z? STATE OF IDAHO ) ss COUNTY OF ADA ) 10 FIDAVIT OF LEGAL INTEREST I. a� ar-7764 Ap ame Q/� S �Q u� Address being first duly sworn upon (city) (state) oath, depose and say: 1. That I am the record owner of the property described on the attached, and I grant my permission to 04,gg u-44 D DEyE 4,oe"f A( r co., c.c. P 0�2-u�, name (address) to submit the accompanying application pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian -and it's 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. Dated this day of SUBSCRIBED AND SWORN to me the day and year first above written. rrz'�g,m. Ve tary Public or Idahosiding at My Commission Expires. 5 LEGAL DESCRIPTION FOR ANNEXATION BRIDGETOWER SUBDIVISION June 30, 2000 A parcel of land located in the South % of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the southeast corner of the Southwest 1/4 (South '/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of this description; /Thence N 89015'23" W 688.00 feet along the south line of said Southwest'/4 to a point; Thence N 06003'43" E 431.45 feet to a point on the southerly right-of-way of Fivemile Creek; Along the southerly right-of-way of Fivemile Creek: Thence N 62008'33" W 431.54 feet to a point; Thence N 81 001'45" W 280.82 feet to a point on the right-of-way of the Creason Lateral; Leaving said Fivemile Creek right-of-way, and along the right-of-way of the Creason Lateral: Thence N 00040'14" E 590.43 feet to a point; Thence N 45°43'33" E 72.70 feet to a point; Thence S 89013'09" E 989.10 feet to a point; Leaving said right-of-way: Thence N 10050'08" W 30.61 feet to a point; Thence S 89013'05" E 52.47 feet to a point on a curve; Thence along a curve to the left 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59015'59", tangents of 11.38 feet, and a long chord bearing S 62°22'01" E 19.78 feet to a point of tangency; Thence N 88000'00" E 16.57 feet to a point; Thence N 00026'55" E 237.28 feet to a point; Thence S 89013'05" E 276.33 feet to a point; Thence S 3922'16" E 282.38 feet to a point; ✓ Thence S 00026'55" W 21.92 feet to a point; Thence S 26024'21" E 65.90 feet to a point; 0601/060 Lannex. des. doe Thence S 50025'12" E 784.17 feet to a point; Thence S 25°17'47" W 204.78 feet to a point; Thence S 35000'00" W 140.55 feet to a point; Thence S 29000'00" W 173.61 feet to a point; Thence S 37000'00" W 100.84 feet to a point; ' Thence N 53000'00" W 102.00 feet to a point; / Thence S 37000'00" W 50.00 feet to a point; Thence S 53000'00" E 110.00 feet to a point; Thence S 31'00'00" E 154.95 feet to a point on the northerly right-of-way of Fivemile Creek; Thence S 00045'38" W 65.00 feet to a point on the south line of the Southeast % of said Section 35; Thence N 89014'22" W 660.60 feet along said south line to the REAL POINT OF BEGINNING of this description, said parcel comprising 52.90 acres, more or less. Michael E. Marks, PLS 4998 Ile! W �_ 5 AF r_ EL B 0601 /0601.annex.des. doc c AJ_ E� Y_ J U L L 9"AN PUR;_K: WORKS G-� i. Ulm 1!_ w ��� • ���� rte/ 1�.�t� rttu I �� IMI ii '/� � , I•1R11111 � / •' /i � i t r NI�•w/j I i lltl .I �6� I'It111/U I � T- ;rYg41r r10U11 N11 � t�q'I I LIOYt tqU'� d •t1Q1! IttOtr'r Mr/05 II'sin�rr � li � ;1/////)"17 lbl I tt L.r• U � �\��., •tynn * ate- �4 ttv 1s1' i �i7 �� ii poi 1� M � • rlt: cy. rn�1 "Ji t/11 •YIh� 1/Y 11�I/0� Ex Ith'I •'I/i1 �IIIJ 1111 tl , rr lt.^I� FitY� � 1 1 7=._ I I 1 1T 1 II 1 I II i PRCUMINARY PLAT m BRIDGETOWER SUBDIVISION PRCLIMINARY 511[ PLAN m • yy�yr®` NVId 3dVJ5ONVl ALVNIY11131b VYi Noisu�aans a�o.raoaixe i z� an l�w�r Ivld AUV—n3— i II I W it II I I it i I F � �I I 1 i � C � I � II ------_ �\ II rr Y1011 dd;ail+i6 / / . m • yy�yr®` NVId 3dVJ5ONVl ALVNIY11131b VYi Noisu�aans a�o.raoaixe i z� an l�w�r Ivld AUV—n3— i II I W it II I I it i I F � �I I 1 i � C � I � II ------_ �\ II rr Y1011 t r `r. WARRANTY DEED For Value Received Paid by an Accommodator Pursuant to an IRC S1o31 Exchange Brian C. Young and Lori Young, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. Bews and Shirley G, Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, To HAVE AND TO HOLD the said premises, with their appurtenances and assigns forever. And the said Grantor does hunto the said Grantee, his hers ereby 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 casements visible upon the premises, and that ;,ranlor will warrant and de[end the same from all claims whatsoever. Dated: December 29, 1998, ADA COUNTY RECORDER J. OAVID NAVARRO f NIPl"n BrianC. Young O? I n Youn STATE OF IDAHO ) ss. COUNTY OF ADA ) RECORDED -REQUEST OF S ))'FEE EPUT r+U 98127032 F113ST AMERICAN TITLE Co. On This 29th day of December, in the year 1998, before me, a Notary Public in and for said State, personally appeared Brian C. Young and Lori Young known or identified to me to be the person(s) whose name(s) are subscribed to the within Instrument, and Cied, tome thatITHtheyacut the same. �'. ublic of Idaho Residing � � at Boise, ID v •'`' N R } ° Commission expires: 7/25/99 _ O. U U jr 7, C PVA First American Title Company of Idaho PARCEL PRIMOWNER I R8557150090 TUMBLE CREEK HOME OWNERS ASSOC R8557140160 TUMBLE CREEK HOMEOWNERS ASSOC R2816770010 FIELDSTONE MEADOWS HOA INC 3 R2816770020 BELL JOSEPH A& '>< R2816770230 BONNING ROBERT W 5 R2816770240 O'DELL LORI A & Ir R2816770250 JENSEN NANETTE C & 7 R2816770260 FAUSETT CRAIG W & 8 R2816770270 THIBAULT TED J & 9 R8657150070 DUE ROGELIO /O R8557150060 MITCHELL EILEEN M // R8557150050 COLLINS JENNIFER 17 R8557150040 PUGMIRE NATHAN D /3 R8557150030 BARNHART RYAN J /' R8557150080 GRITZMACHER THOMAS J & /5 R8557150020 MOORHOUSE AARON & R8557150010 CASH RONALD L / R8557140180 WALTERS J SCOTT & (� R8557140170 CHANDLER AARON J & R8667150100 TUMBLE CREEK HOME OWNERS ASSOC R2816770280 KELLY TIMOTHY J & �U S1202212410 ASCHENBRENNER JAMES J .�/ R2816770330 ANDERSON JAMES EDWARD ? 2 R2816770320 BARKER REESE FRANK & R8557150590 SHARP JEFFREY S & R8557150480 DENNIS KEVIN M & 1 a R8557150310 COOPER GEORGE & R2816770310 SCHWARTZ JON F a 7 R8557150110 MCCLOY STEVEN A jQ R8557150300 FARNSWORTH RONALD 2 yR8557150290 SMITH WILLIAM R OF PLANNING 30 R8557150280 BUTT JIMMY L & 3/ R8557150270 HOLTON HOMES INC 32,R2816770300 OLIVER ROBERT 53 R2816770290 SWENSON ROYAL 3 �SO435314907 YOUNG LANDS LTD 35 SO435325600 HUSKEY LEONARD RALPH 3L SO435315377 HOAGLUN BRAD & CHANDOS 37 SO435346500 USA SO435346619 YOUNG LANDS LTD SO435325600 HUSKEY LEONARD RALPH SO436438410 YOUNG LANDS LTD SO435346800 USA 38 SO435336002 GLENN JOHNSON HOMES INC $'ISO435346665 SCHAFER JOHN D & TAMARA L 'i0 SO435438600 BEWS E L V1 SO436346700 MARCUS CRAIG SO435346900 BEWS E L SO435438600 BEWS E L SO435438900 USA SECOWNER ADDCONCAT 641 W FRANKLIN RD 641 W FRANKLIN RD 6223 N DISCOVERY WAY STE 100 BELL JENNIFER J 2706 W PEBBLESTONE CRT BONNING ANGELA M 2650 W PEBBLESTONE CRT O'DELL RON R PO BOX 57 JENSEN THAYNE R 2606 W PEBBLESTONE CT FAUSETT SHARON C 2588 W PEBBLESTONE CT THIBAULT ALISA M 2554 W PEBBLESTONE CT 2320 W PEBBLESTONE ST 2298 W PEBBLESTONE ST 2260 W PEBBLESTONE ST 2234 W PEBBLESTONE ST BARNHART SARAH M 2212 PEBBLESTONE GRITZMACHER PEGGY L 2344 W PEBBLESTONE ST MOORHOUSE CRYSTAL 2180 W PEBBLESTONE ST 2156 W PEBBLESTONE ST WALTERS NOELLE K 2128 W PEBBLESTONE ST CHANDLER SARA E 2110 W PEBBLESTONE ST 641 W FRANKLIN KELLY SUSAN M 2551 W PEBBLESTONE CT 2515 W USTICK RD 2659 W PEBBLESTONE CT BARKER JANA LYNN 2633 W PEBBLESTONE CT SHARP MELISSA D 3102 N MARBURG AVE DENNIS CARLA L 2315 W PEBBLESTONE ST COOPER AMY 11042 BLACKTAIL PL 2617 W PEBBLESTONE CT 3101 N MARBURG AVE CUTLER RACHEL 2231 W PEBBLESTONE ST 5964 S TEAK WAY BUTT MICHELE M 2175 W PEBBLESTONE ST 16299 FRANKLIN RD 2595 W PEBBLESTONE CRT SWENSON DAVID 2563 W PEBBLESTONE CT 2420 W USTICK RD 3630 N TEN MILE RD 2420 W USTICK RD 1150 N CURTIS RD 2420 W USTICK RD 3630 N TEN MILE RD 2420 W USTICK RD 1150 N CURTIS RD 2460 S MAPLE GROVE RD 2788 W USTICK RD BEWS SHIRLEY G 5204 N SORRENTO CIR MARCUS BARRY 737 N 07TH ST BEWS SHIRLEY G 5204 N SORRENTO CIR BEWS SHIRLEY G 5204 N SORRENTO CIR 1150 N CURTIS RD STATCONCAT MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83713-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83680-0057 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83702-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-1399 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-5482 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83703-0000 MERIDIAN, ID 83642-7503 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-0000 BOISE, ID 83706-0000 MERIDIAN, ID 83642-0000 NAMPA, ID 83687-0000 MERIDIAN, ID 83642-0000 MERIDIAN, ID 83642-7502 MERIDIAN, ID 83642-5428 MERIDIAN, ID 83642-5408 MERIDIAN, ID 83642-5428 BOISE, ID 83706-1234 MERIDIAN, ID 83642-5428 MERIDIAN, ID 83642-5408 MERIDIAN, ID 83642-5428 BOISE, ID 83706-1234 BOISE, ID 83709-0000 MERIDIAN, ID 83642-5428 BOISE, ID 83704-2347 BOISE, ID 83702-0000 BOISE, ID 83704-2347 BOISE, ID 83704-2347 BOISE, ID 83706-1234 _LJJ li I_L EPEF N yQ? N AFFIDAVIT OF ACCURACY STATE OF IDAHO ) COUNTY OF ADA ) I, Becky L. Bowcutt 11283 W. Hickory Dale (name) (address) Boise Idaho 83713 being first duly sworn upon (city) (state) oath, depose and say: That I prepared the attached applications and the information contained is true and correct. Dated this 30' day of SUBSCRIBED AND SWORN to before me the day and year first above written. - 6441��4 1`�dtary Public• •. • Residing at My Commission Expires 0601 \affid-accuracy aTo6 °0• °°BpOo Dc®0000®0 olopoo00p0 Co °Doo o0 0 0 o " m o � ®OC7- 6' 4 P���`" y °00°00000. AFFIDAVIT OF POSTING STATE OF IDAHO ) COUNTY OF ADA ) I, Becky Bowcutt 11283 W. Hickory Dale (name) (address) Boise Idaho 83713 being first duly sworn upon (city) (state) oath, depose and say: I will personally post the subject property with the hearing notice sign one week prior to the public hearing for the (annexation, variance, preliminary plat and conditional use for Bridgetower Subdivision. Dated this 30th day of Ju nature) 20 SUBSCRIBED AND SWOVNory re me the day and year first above written. ublic foro, Residing at My Commission Expires: y D� 00000000 ®®G°°0o • 00 ab -tyOTAJ? i00 0 0 :, � pUBLtG •� •00. ••••00000'Odo ®a�� 0601\affid-posting 1 °°°�-I�'�7oOFaX'91 °' CITY OF MEF )IAN "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888-4433 ;mer s / r No. Date ___.` — �SS ` —Z) Phone: dv� .D. CH.IRGE ON ACCT. �-1DSE. RETD PAID OUi CCK. c r I � r W N O I pti 50' ` (D V R3 W � ¢ — I Lu Lua I I I I I Qz I I kz I I laims and returned goods MUST be accompanied by this bill. TAX —� 12307 Received By TOTAL �4,5Z O1 a J-eu&e PRINTED IN U.S.A. PflINTEO WITN SOY INK ,. ME mz c 0 i BOWCUTT PLANNING SERVICE 1003 �? 11283 WEST HICKORY DALE DR PH SE, ID 8371 3 C„ -� 92-372/1231 3670 BOISE, ID 83713 �'p�jJ � 1 DATE $ 5-62,39 TMbank, Anytime. Anywhere Access 1 -800 -US EUNKS www.us0ank.com (���'j FOR ,GE .T C�. 1:123103? 291: 1533901?964311' 1003 W N O I pti (D V W � ¢ Lu Lua Qz kz 00 65Q + o Y N i Q^O N M in N ■ — z p ¢— U,w O Vi R ry LU p 3m S Q. O O * r. * O + 1 + + t t + o * 4 Ln + t Ln * �- O z+ t ru a + rrT t* t ru Q U t �� U •- t t _• ui Z U)■ W �oo rtii (jM�s O d co r` . 00 2m Z o O J Q co Q O a > 0 65 N O ' Q Q uj LU z= LL 0 c 2 Q r J tll LL 0 W U @ >- O U w w �o �w o 0 OLL a0 cw L i BOWCUTT PLANNING SERVICE 1003 �? 11283 WEST HICKORY DALE DR PH SE, ID 8371 3 C„ -� 92-372/1231 3670 BOISE, ID 83713 �'p�jJ � 1 DATE $ 5-62,39 TMbank, Anytime. Anywhere Access 1 -800 -US EUNKS www.us0ank.com (���'j FOR ,GE .T C�. 1:123103? 291: 1533901?964311' 1003 "-v AME R I DELIVER TO: ED BE WS Date: April 28, 2000 5204 SORRENTO CIRCLE BOISE, IDAHO Ref. YOUNG LAND/BEWS Order No: FA -126914 FIRST AMERICAN TITLE IS COMMITTED TO PROV ; "- 'gPRVICE NEEDED TO ASSURE YOUR SUCCESS IN THE TREASURE VALLE RAINED STAFF OF TITLE AND ESCROW OFFICERS TO MEET YOE CONCEPT WILL PROVIDE YOU WITH THE SUPPORT AND ASSIST YOUR ESCROW OFFICER FOR THIS TRANSACT AND HER ASSISTANT IS TERRIE GARUS. - YOU CAN REACH YOUR ESCROW OFFICER AT.- (X) T. (X) 7311 Potomac Dr. Boise, Idaho 83704 (208) 375-0700 ( ) 211 West State Street Boise, Idaho 83702 (208) 344-5888 MAY LIN CARLSEN HAS BEEN ASSIGNED TO THIS TRANSACTION, AS YOUR TITLE OFFICER, AND CAN ANSWER ANY OF YOUR QUESTIONS. HOWEVER, THE FOLLOWING TITLE UNIT IS AVAILABLE TO ASSIST YOU. MAY LIN CARLSEN KATHY CLOEPFIL PLEASE CALL US WITH ANY QUESTION AT 375-0700, AND THANK YOU FOR CHOOSING FIRST AMERICAN TITLE. Form Nn 1342 (t 982) ALTA Plain Language Commitment C First American Title Insurance Company INFORMATION The Tale Insurance Commitment is a legal contract between you and the company. It is issued to show the on which we will issue a Title Insurance Policy to you. The Policy will insure you against certain ris o the land title, subject to the limitations shown in the Policy. The ompany will give you a sample of the Policy form, if you ask- The skThe Commitment is based on the land title as of the Commitment Date. Any changes in the lard title or the transaction may affect the Commitment and the Policy. The Commitment is subject to its Requirements, Exceptions and Conditions. THIS INFORMATION IS NOT P^OF THE TITLE INSURANCE COMMITMENT TABLE OF CONTENTS Page AGREEMENT TO ISSUE POLICY 1 SCHEDULE A 1. Commitment Date P 2 2. Policies to be Issued, Amounts and Proposed Insureds 2 3. Interest in the Land and Owner 2 4. Description of the Land 2 SCHEDULE B-1 — Requirements Y3. SCHEDULE B-2 — Exceptions 4 CONDITIONS ether side of 1 YOU SHOULD READ THE COMMITMENT VERY CAREFULLY. If you have any questions about the Commitment, please contact the issuing office. roan Na 1343 (1982) 'LTA PL -in Lwgua le commitment COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company AGREEMENT TO ISSUE POLICY We agree to issue a policy to you according to the terms of this Commitment When we show the policy amount and your name as the proposed insured in Schedule A, this Commitment becomes effective as of the Com- mitment Date shown in Schedule A. If the Recuirements shown in this Commitment have not been met within six months after the Commitment Date, our obligation under this Commitment will end Also, our obligation under this Commitment will end when the Policy '9 '^sued and the^ -• - "_aticn ±o you will be under the Policy. Our obligation under this Commitment is limited by the following: The Provisions in Schedule A. The Requirements in Schedule B-1. The Exceptions in Schedule B-2. The Conditions on the other side of this page 1. This Commitment is not valid without SCHEDULE A and Sections 1 and 2 of SCHEDULE B. First American Title Insurance Company BY �i(i 'U J PRESIDENT A77E3T�l�/ � L 6Y SECRETARY COUNTERSIGNED Page 1 FA-126914/MLC Your No. YOUNG LAND/BEWS SECOND COMMITMENT (TO UPDATE & AMEND LEGAL DESCRIPTION) SCHEDULE A TO: DANNY M. CAFFERTY REALTY 410 S. ORCHARD SUITE 176 BOISE, IDAHO ATTN: DANNY CAFFERTY CC: FIRST AMERICAN TITLE CC: ED BEWS 5204 SORRENTO CIRCLE BOISE, IDAHO 7311 POTOMAC DRIVE BOISE, IDAHO ATTN: TINA SMITH 1. Commitment Date: DECEMBER 17, 1998 AT 7:30 A.M. 2. Policy or Policies to be issued: Amount Fee (X) (a) Owner's Policy TO BE DETERMINED ALTA Form 1402-92 (10-17-92) Proposed Insured: E.L. BEWS and SHIRLEY G. BEWS ( ) (b) Loan Policy ALTA Form 1056-92 (10-17-92) Proposed Insured: ( ) (c) Endorsements (X) (d) CREDIT NONE 3. Fee simple interest in the land described in this Commitment is owned, at the Commitment Date by: PARCEL I: YOUNGS LAND, LTD., also shown as YOUNG LANDS, LTD. PARCEL II, & IV: YOUNG LANDS, LTD., a limited partnership 4. The land referred to in this Commitment is situated in the State of Idaho, County of Ada, and is described as follows: SEE ATTACHED SCHEDULE C Address: 2420 USTICR ROAD, MERIDIAN, IDAHO 83642 MLC/kc 1 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B - Section 1 REQUIREMENTS The following requirements must be met: (a) Pay the agreed amounts for the interest in the land and/or the Mortgage to be insured. (b) Pay us the premiums, fees and charges for the Policy. (c) Documents satisfactory to us creating the interest in the land and/or the Mortgage to be insured must be signed, delivered and recorded. (d) You must give the following information: 1. Release(s) or Reconveyance(s) of item(s) AS MEETS INSURED'S REQUIREMENTS. 2. Terms, conditions, and provisions of the general partnership agreement and any amendments thereto, of YOUNG LANDS LTD. We require a showing of the power and authority of the party or parties who plan to execute the forthcoming conveyance on behalf of said partnership. (e) We require Seller or Borrowers Affidavit provided and approved prior to recording. 2 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B - Section 2 EXCEPTIONS Any Policy we issue will have the following exceptions unless they are taken care of to our satisfaction. PART I: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interest, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Any liens, or rights to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the public records. NOTE: The foregoing numbered exceptions (1-6) may be eliminated in an ALTA Extended Coverage Policy. continued 3 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B CONTINUED 7. General and Special Taxes for the year 2000, an accruing lien not due or payable until the fourth Monday in November 2000 when the bills are issued, the first half of which is not delinquent until after December 20, 2000. 8. Liens, levies and assessments of the Nampa -Meridian Irrigation District, and the rights, powers and easements of said District as by law provided. (Phone number 343-1884, for assessment information) 9. Liens, levies and assessments of the Boise-Kuna Irrigation District, and the rights, powers and easements of said District as by law provided. 10. Right of Way for COLEMAN LATERAL, FIVE MILE DRAIN, CREASON LATERAL, AND NINE MILE DRAIN 11. Reservations in U.S. Patent, recorded in Book 2 of Patents at Page 145, Official Records. (AFFECTS A PORTION OF PARCEL I & II) 12. Reservations in U.S. Patent, recorded in Book 2 of Patents at Page 395, Official Records. (AFFECTS PARCEL IV) 13. Reservations in U.S. Patent, recorded in Book 3 of Patents at Page 408, Official Records. (AFFECTS A PORTION OF PARCEL I) 14. Sewer Easement over said land in favor of CITY OF MERIDIAN, for sewer lines and incidental purposes as set forth in an instrument recorded January 12, 1978, as Instrument No. 7801810, Official Records. (AFFECTS PARCEL IV) 15. Sewer Easement over said land in favor of CITY OF MERIDIAN, for sewer lines and incidental purposes as set forth in an instrument recorded January 12, 1978, as Instrument No. 7801811, Official Records. (AFFECTS PARCEL II) 16. Any effects of Survey, recorded in book G of Surveys at Page 2006, recorded October 15, 1991, as Instrument No. 9157429, (AFFECTS PARCEL II) continued 4 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B CONTINUED 17. License Agreement upon the terms, conditions and provisions contained therein: Dated: August 21, 1992 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT Recorded: August 21, 1992, as Instrument No. 9256125, for NINE MILE DRAIN 18. License Agreement upon the terms, conditions and provisions contained therein: Dated: April 7, 1998 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT Recorded: April 10, 1998 as Instrument No. 98033250, for CREASON LATERAL and FIVE MILE DRAIN 19. License Agreement upon the terms, conditions and provisions contained therein: Dated: May 5, 1998 Parties: NAMPA & MERIDIAN IRRIGATION DISTRICT Recorded: May 8, 1998 as Instrument No. 98044238, for FIVE MILE DRAIN 20. Idaho Power - McMillan and Black Cat Roads Crossing Agreement, recorded April 27, 1999, as Instrument No. 99041675, Official Records. 21. Unrecorded Leaseholds, if any, rights of parties in possession other than the vestees herein, rights of chattel mortgages, vendors and vendees under conditional sales contracts of personal property installed on the premises herein, and rights of tenants to remove trade fixtures. 22. Except mineral or water rights, claims or title to mineral or water. 23. Right of access to and from the land, if any, is not established of record and assurance of such right of access is excluded from coverage of this policy. 24. Any off -record facts, encumbrances, easements or possessory claims, a survey or inspection would disclose. continued 5 FA-126914/MLC Your No. YOUNG LAND/BEWS SCHEDULE B CONTINUED NOTE: General and Special Taxes for the year 1999, in the original amount of $4,157.28, Code Area 242, A.P. No. S-0435-31-4907, first half paid, second half now due and payable. (AFFECTS PARCEL I) NOTE: General and Special Taxes for the year 1999, in the original amount of $292.90, Code Area 242, A.P. No. 5-0435-34-6619, first half paid, second half now due and payable. (AFFECTS PARCEL II) 25. General and Special Taxes for the year 1999, in the original amount of $451.66, Code Area 242, A.P. No. S-0435-43-8410, first half paid, second half now due and payable. (AFFECTS PARCEL IV) NOTE: Pursuant to the State of Idaho insurance regulation: A cancellation fee will be charged on all cancelled orders, unless notified to the contrary, all orders shall be cancelled and a billing sent within 6 months of the effective date on the commitment. NOTE: If you have questions regarding this commitment please contact: MAY LIN CARLSEN, Commercial Title Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. 7311 Potomac Drive, Boise, Idaho 83704, or call (208) 375-0700. If you have questions regarding the escrow closing please contact: TINA SMITH, Escrow Officer, at FIRST AMERICAN TITLE COMPANY OF IDAHO, INC. 7311 POTOMAC DRIVE BOISE, IDAHO 83702, or call (208)375-0700. 0 SCHEDULE C PARCEL I: FA-126914/MLC Your No. YOUNG LAND/BEWS The East half of the Northeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. EXCEPTING FROM THE ABOVE DESCRIBED PARCEL, THE FOLLOWING: A parcel of land lying in the Northeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northeast corner of the Southwest Quarter (center 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of this description; thence South 00010149" East 660.00 feet (formerly South 40 rods), along the east line of the Southwest Quarter to a point; thence North 89048137" West 330.00 feet (formerly West 20 rods), parallel with the North line of the Southwest Quarter to a point; thence North 0001014911 West 660.00 feet ( formerly North 40 rods) , parallel with the East line of the Southwest Quarter to a point on the North line of the Southwest Quarter; thence South 89048'37" East 330.00 feet (formerly East 20 rods), along h North line of the Southwest Quarter to the REAL POINT OF BEGINNING of this description. ALSO INCLUDING: The Southwest Quarter of the Northeast Quarter and the Northwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. LESS AND EXCEPTING that portion deeded to the United States described in Book 124 of Deeds, at Page 207, Official Records. ALSO LESS AND EXCEPTING THEREFROM THE FOLLOWING: A parcel of land being a portion of the Northeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, as shown on the records of Survey No. 3428, filed for record in the office of the Ada County Recorder, Boise, Idaho, under Instrument No. 96005700, and more particularly described as follows: continued F FA-126914/MLC Your No. YOUNG LAND/BEWS LEGAL DESCRIPTION CONTINUED Page 2 Commencing at an iron pin marking the South quarter corner of the said Section 35; thence along the East boundary of the said Southwest Quarter of Section 35, North 00010'49" West 1337.49 feet to an iron pin on the North right-of-way line of the Creason Lateral, also said point being the REAL POINT OF BEGINNING; thence along the said North right- of-way line, North 89050149" West 124.00 feet to an iron pin; thence leaving h said North right-of-way line along a line Westerly of and parallel with the said East boundary of the said Southwest Quarter of Section 35, North 00010149" West 150.00 feet to an iron pin; thence South 8905014911 East 124.00 feet to a iron pin on the said East boundary of the said Southwest Quarter of Section 35; thence along the said East boundary, South 00010149" East 150.00 feet to the POINT OF BEGINNING. PARCEL II: A tract of land situated in the Southeast Quarter of the Southwest Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the South quarter corner of said Section 35, marked by a found brass cap monument, and thence North 00000150" West (formerly North 00026' West), 255.71 feet, along the North-South midsection line of said Section 35, to a point on the Northerly right-of-way of Five Mile Drain (140 feet wide), and thence North 62040151" West, (formerly North 63006' West), 20.26 feet along said Northerly right-of-way line of Five Mile Drain to a point which is 18.00 feet West of said North-South midsection line, marked by a set 1/2" iron pin, L.S. 874, THE REAL POINT OF BEGINNING, and thence continuing North 62040,151" West, 1090.96 feet along said Northerly right-of- way line of Five Mile Drain to a point, marked by a set 1/2" iron pin, L.S. 874, and thence continuing along said Northerly right- of-way line of Five Mile Drain, North 81030151" West, (formerly North 81058' West) 292.16 feet to a point on the East right-of-way line of Creason Lateral (60 feet wide), marked by a set 1/2" iron pin, L.S. 874, and thence along continued 8 FA-126914/MLC Your No. YOUNG LAND/BEWS LEGAL DESCRIPTION CONTINUED Page 3 said East and South right-of-way line of Creason Lateral the following courses and distances: North 0012133" East (formerly North 000141 West), 442.11 feet to a point, marked by a set 1/2" iron pin, L.S. 874, North 44031131" East (formerly North 44050' East), 46.91 feet to a point, marked by a set 1/2" iron pin, L.S. 874; South 89041102" East, (formerly North 89054' East), 1223.50 feet to a point 18 feet West of the North-South midsection line of said Section 35, marked by a set 1/2" iron pin, L.S. 874, and thence South 0000150" East (formerly South 00026' East), 1012.60 feet along a line 18 feet West of and parallel to said North-South midsection line, to the POINT OF BEGINNING. PARCEL IV: A parcel of land being a portion of the Southwest quarter of the Southeast quarter and the Southeast quarter of the Southeast quarter of Section 35, Township 4 North, Range 1 West, Boise - Meridian, Ada County, Idaho and more particularly described as follows: The West 90 rods of the South half of the Southeast quarter of Section 35, Township 4 North, Range 1 West, of the Boise -Meridian. EXCEPTING THEREFROM: A parcel of land being a portion of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35, Township 4 North, Range 1 West, Boise -Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said Southwest quarter of the Southwest quarter of the southeast quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0026149" East 488.00 feet along the Westerly boundary of the said; thence Southwest quarter of the southwest quarter of the Southeast quarter of Section 35 to an iron pin; thence South 89014141" East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest quarter of the Southwest quarter of the Southeast quarter of continued 4 FA-126914/MLC Your No. YOUNG LAND/BEWS LEGAL DESCRIPTION CONTINUED Page 4 Section 35 to an iron pin; thence South 0026'49" West 488.00 feet along a line Easterly of and - parallel with the said Westerly boundary of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35; thence North 89014141" West 600.00 feet along the said Southerly boundary of the Southwest quarter of the Southwest quarter of the Southeast quarter of Section 35, which is also the centerline of Ustick Road, to the POINT OF BEGINNING. AND EXCEPTING THEREFROM: A strip of land in the South half, Southeast quarter of Section 35, Township 4 North, Range 1 West, Boise -Meridian, and in the North half, Northeast quarter of Section 2, Township 3 North, Range 1 West, Boise -Meridian, for right-of-way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet North 000 26' West of the South quarter corner of Section 35, Township 4 North, Range 1 West, Boise -Meridian; thence North 00026' West 152.0 feet along the North and South quarter section line; thence South 630 06' East 423.7 feet; thence South 89052' East 1,109.0 feet; thence South 00037' East 90.0 feet; thence North 89052' West 1,231.5 feet; thence North 63006' West 286.00 feet to a point of beginning. LESS AND EXCEPTING any portion of said property lying within USTICK ROAD. 10 PAP,CE L z PFMD01 00 M A S T E R U P D A T E 4/28/00 08:00:40 Parcel SO435314907 Code Area 242 Type Qty Value ACTIVE Name YOUNG LANDS LTD 010 88.073 124343 100 .500 25000 Bank Code Buyer 190 6.000 C/O 310 168900 Prepaid Address 2420 W USTICK RD 320 40000 L.I.D. 990 50000- Bankrupt MERIDIAN ID Sub.Code 83642 - 5428 Annexation *NO Last Change : 99/02/19 By : ASR—FRANK Notes Total 308243 Desc. PAR #4907 OF NE4SW4 SW4NE4 & NW4SE4 Exemption SEC 35 4N 1W #347800-B 04N01W354907 4N 1W 35 Hardship 0 Property Zoning RT Flag Address 02420 W USTICK RD MERIDIAN ID 83642-0000 D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Ac Alt -Z FOR HELP:.3 VT100 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COLLECTION SYSTEM (MASTER) 4/28/00 00000 SO435314907 DOCUMENTATION 08:00:48 YOUNG LANDS LTD Bank: Tax Value: $308,243 2420 W USTICK RD Prepaid: H/O: 50,000 MERIDIAN ID 83642-5428 Bankrupt: HA: Sub Code: CB Amt: Bill# 1999110101497 Cd Area: 242 * Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 1999 4157.28 1 2078.64 2078.64- 2 2078.64 2078.64- 1998 4005.70 1 2002.85 2002.85- 2 2002.85 2002.85- 1997 3472.62 1 1736.31 1736.31- 2 1736.31 1736.31 - *ACTION 1999 Interest as of 4/28/2000 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt -Z FOR HELPS VT100 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE P14 CC E L _11 PFMD01 00 M A S T E R U P D A T E 4/28/00 08:01:00 Parcel SO435346619 Code Area 242 Type Qty Value _ACTIVE Name YOUNG LANDS LTD 010 21.867 21717 Bank Code Buyer C/0 Prepaid Address 2420 W USTICK RD L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 5428 Annexation *NO Last Change : 99/11/23 By : ASR—ALLEN Notes Total 21717 Desc. PAR #6619 OF SE4SW4 SEC 35 4N 1W Exemption #346618 346610-C #9150868 9031873 04NO1W356619 4N 1W 35 Hardship 0 Property Zoning RT Flag Address 00000 W USTICK RD MERIDIAN ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit F5=Corrctd Notice F6=Letters F10=Tax Alt -Z FOR HELPS VT100 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COLLECTION SYSTEM (MASTER) 4/28/00 00000 SO435346619 08:01:19 YOUNG LANDS LTD Bank: Tax Value: $21,717 2420 W USTICK RD Prepaid: H/0: MERIDIAN ID 83642-5428 Bankrupt: HA: Sub Code: CB Amt: Bill# 1999110101504 Cd Area: 242 * Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 1999 292.90 1 146.45 146.45- 2 146.45 146.45- 1998 298.06 1 149.03 149.03- 2 149.03 149.03- 1997 223.18 1 111.59 111.59- 2 111.59 111.59- 1996 208.40 1 104.20 104.20- 2 104.20 104.20- 1995 184.38 1 92.19 92.19- 2 92.19 92.19- + *ACTION 1999 Interest as of 4/28/2000 .000% CF02-SELECT CF03-EXIT CF05-CALC Alt -Z FOR HELP3 VT100 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE PFMD01 00 M A S T E R U P D A T E 4/28/00 08:01:53 Parcel S0435438410 Code Area 242 Type Qty Value ACTIVE Name YOUNG LANDS LTD 010 33.550 33488 190 4.750 Bank Code Buyer C/0 Prepaid Address 2420 W USTICK RD L.I.D. Bankrupt MERIDIAN ID Sub.Code 83642 - 5428 Annexation *NO Last Change : 90/04/19 By ASR2_FAUCE Notes Total 33488 Desc. PAR #8410 OF S2SE4 SEC 35 4N 1W Exemption #438450-B #9016004 04NO1W358410 4N 1W 35 Hardship 0 Property Zoning RT Flag Address 00000 W USTICK ID D.D. Space # Type 1 REAL Roll 1 PRIMARY Occ. 0 Action: F2=Select F3=Exit FS=Corrctd Notice F6=Letters F10=Tax Alt -Z FOR HELP3 VT100 FDX 3 9600 N81 3 LOG CLOSED ;3 PRINT OFF 3 ON-LINE TAX*MAIN *PUBLIC TAX COLLECTION SYSTEM (MASTER) 4/28/00 00000 50435438410 08:02:02 YOUNG LANDS LTD Bank: Tax Value: $33,488 2420 W USTICK RD Prepaid: H/0: MERIDIAN ID 83642-5428 Bankrupt: HA: Sub Code: CB Amt: Bill# 1999110101513 Cd Area: 242 * Year BASE CHARGE Hlf NET TAX RECEIVED HALF DUE TOTAL DUE 1999 451.66 1 225.83 225.83- 2 225.83 225.83- 1998 460.64 1 230.32 230.32- 2 230.32 230.32- 1997 338.74 1 169.37 169.37- 2 169.37 169.37- 1996 315.42 1 157.71 157.71- 2 157.71 157.71- 1995 281.64 1 140.82 140.82- 2 140.82 140.82- + *ACTION 1999 Interest as of 4/28/2000 .000% CF02-SELECT CF03-EXIT CFO5-CALC Alt -Z FOR HELPS VT1O0 3 FDX 3 9600 N81 3 LOG CLOSED 3 PRINT OFF 3 ON-LINE =� 'aj�.,i ) k(a ✓.- ._ 'di'v. ° a'q`..:. j9, Y a • ��1�'St�"xS�w�`'+ r.:. ,t? +fy+-✓KY�'`l,w+i�E.. li: �[ r..7c "i'w �' .••.i� - ---:"¢ � ab ..4 �d!..Y .y-)'�j�6.ki�,. .!]r {ter �: %£ n�Ca`'4r^x.K `. :.-/>y. xx 1 •c ? «. 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E i� �0RO FF..E4!EDEPUTYXU.&,V IDAHO POWER — MCMI)#W A f4 ff ROADS 99041675 CROSSING AGREEMENT This Crossing License Agreement ("Agreement") is entered into and made effective this O day of , 1999, by and between Settlers Irrigation District ("District"), an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, and Idaho Power Company, an Idaho corporation ("Licensee) WITNESSETH: WHEREAS, the District owns and maintains a system of canals, including the Lemp Canal and the South Slough Canal, for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals, easements for ingress and egress and for the operation, inspection, maintenance, and repair of the canals; WHEREAS, the Licensee desire to obtain a license ("Lemp License") from the District for the construction, operation, inspection, maintenance, and repair of an overheard electrical power distributing line ("Power Line") which will cross over the Lemp Canal and run within the Lemp Canal Right -of -Way within the following areas: Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho: Section 35, NW 1/4 NW '/4; NE 1/4 NW %4; NW %4 NE 1/4; NE 1/4 NE 1/a; Section 36, NW 1/4 NW '/4; NE 1/4 NW '/4; NW 1/4 NE 1/4, NE %4 NE 1/4. Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho: Section 30, SW 1/4 SW 1/4; SE 1/4 SW 1/4; SW 1/4 SE'/4; SE 1/4 SE 1/4, as more particularly described in Exhibit A, attached hereto and incorporated herein, in order to provide electric power to customers in its service territory; WHEREAS, the District desires to grant the Lemp License to the Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said Power Line; IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - G:\Thm\WPDATA\3220\56\00002-sgr —.L. -pd WHEREAS, the Licensee also desires to obtain a license ("South Slough License") from the District for the construction, operation, inspection, maintenance, and repair of the Power Line which will cross over the South Slough Canal within the SW %, SW 1/4, Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as more particularly described in Exhibits B and C, attached hereto and incorporated herein, in order to provide electric power to customers in its service territory; WHEREAS, the District desires to grant the South Slough License to the Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said Power Line; NOW THEREFORE, in consideration of the mutual benefits to be received by the District and Licensee and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: 1. Grant of Lemp License — The District hereby grants the Lemp License to Licensee for purposes of constructing, operating, inspecting, maintaining, and repairing said Power Line crossing the District's Lemp Canal and the Lemp Canal Right -of -Way, subject to and subordinate to any and all property rights the District may have in the Lemp Canal. Licensee expressly acknowledges and agrees that this Lemp License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the Lemp Canal. This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement. 2. Grant of South Slough License — The District hereby grants the South Slough License to Licensee for purposes of constructing, operating, inspecting, maintaining, and IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 2 G : \Thm\ W P DATA\3220\56\00002-agreement wpd repairing said Power Line crossing the District's South Slough Canal, subject to and subordinate to any and all property rights the District may have in the South Slough Canal. Licensee expressly acknowledges and agrees that this South Slough License does not grant Licensee the right to install any property or equipment, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the South Slough Canal. This grant is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement. 3. Term of Grant of Licenses — The term of the Lemp License and the South Slough License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee's Power Line is in place and Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke the Lemp License or the South Slough License, or both of them, effective upon written notice to Licensee thereof, should Licensee at any time fail to comply with the terms of this Agreement. 4. Construction. Inspection. Maintenance, and Repair of Crossing Site and Power Line — Licensee, following execution of this Agreement by the parties, may commence construction of the Power Line crossings as described herein. Licensee may conduct periodic maintenance and repair of the Power Line, following written notice thereof to the District, as may be reasonably necessary. In case it becomes necessary to repair the Power Line due to an emergency, Licensee shall not be required to provide prior written notice to the District. Licensee shall bear all costs and expenses for such construction, installation, maintenance, and repair. Licensee, shall perform all work in connection with construction, installation, maintenance, and repair of the Power Line in a workmanlike manner. IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 3 G:\Thm\ WPDATAU 220\56\00002-agmementwpd Any construction or other activities by Licensee which may impede or impair the flow of water through the Canal may only be performed between November 1 and March 15. 5. Representations and Warranties (a) Licensee — Licensee represents and warrants that: (i) it is a corporation incorporated and in good standing in the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iv) this Agreement has been properly executed and delivered by Licensee and is valid and binding upon Licensee in accordance with its terms; and (v) Licensee has obtained all permits, licenses, and acknowledgments required to conduct its activities under the terms of the Agreement. (b) District — The District represents and warrants that: (i) the District is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) the District has the capacity to enter into and perform the District's obligations under this Agreement; (iii) all organizational and other actions required to authorize the District to enter into and perform this Agreement have been properly taken; and (iv) this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in accordance with its terms. 6. Indemnity — Licensee agrees to protect, defend, indemnify, and hold the District and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Licensee or its agents related to or in connection with its activities under this Agreement and the exercise of any rights or performance of any obligations by Licensee hereunder. Furthermore, Licensee agrees to protect, indemnify, and hold the District and its officers, directors, employees, members, and IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 4 G.'•TIun,WPDATA 3220\56.00002-ymcm—t.wpd agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Lemp Canal and/or the South Slough Canal caused by any act or omission of Licensee or its agents. 7. No Liens — Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with the activities of Licensee, or its agents or contractors, to attach to the Lemp Canal or the South Slough Canal or to any adjacent lands held by the District. 8. Binding Agreement — The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and on all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 9. Further Consideration — In further consideration for inducing the District to grant the Lemp License and the South Slough License, the Licensee agrees to be responsible for and pay any attorney fees and costs incurred by the District in the preparation of this Agreement. 10. No Waiver — The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 11. Attorney Fees — In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of Licensee, or its agents or contractors, under this Agreement, the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 5 G:\Thrn\ WPDATA\3220\56\00002-agreement. wpd 12. Interpretation — The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. 13. Notices — All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing: Settlers Irrigation District PO Box 7571 Boise, ID 83707-7571 Idaho Power Company Attn: Thomas Wicher PO Box 70 Boise, ID 83707 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first set forth above. IDAHO POWER COMPANY By�t� -n Thomas Wicher, Supervisor T & D Design SETTLERS IRRIGATION DISTRICT By: Don S i chger, President of its Board of Directors Attest: Vicki Keen, Secretary/Treasurer IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 6 G:1Thm\WPDATA\3220\56\00002-agreement wpd STATE OF IDAHO ) ) ss. County of __da,4 ) On this p� day of ziOQi L , 1999, before me, the undersigned notary public in and for said state, personally appeared Thomas Wicher, Supervisor, T & D Design, of Idaho Power Company, known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she has the authority to execute and executed the same for the purposes therein contained on behalf of Idaho Power Company. 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 ford: Residing at - ZE Commission expires x STATE OF IDAHO ) ss. County of Canyon ) On this �, day of 1999, before me, the undersigned notary public in and for said state, persona ly appeared Don Smitchger, President of the Board of Directors of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. G SGT AR), is !.dW G * Pu91'l �O 72 04 Notary blif Residing t _ T Commission Expires IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 7 G:\Thrn\\VPDATA\.3220\56\OOW2-agMeMenLwpd STATE OF IDAHO ) ss. County of Canyon ) On thisday of , 1999, before me, the undersigned notary public in and for said state, person lly appeared Vicld Keen, Secretary/Treasurer of Settlers Irrigation District, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, known or identified to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she has the authority to execute and executed the same for the purposes therein contained on behalf of Settlers Irrigation District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. n -�Y k)n &wtk h. @rBOV'�� �L Y `a► r' Notary Commission Expires IDAHO POWER — MCMILLAN AND BLACK CAT ROADS CROSSING AGREEMENT - 8 G:\T6m\WPDATA1J220\56\00002-ag= e=m wpd EXHIBIT A 1. Transmission System, Black Cat -Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 9; 2. Transmission System, Black Cat -Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 10; 3. Transmission System, Black Cat -Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 11; 4. Transmission System, Black Cat -Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 12; 5. Transmission System, Black Cat -Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 13; and 6. Transmission System, Black Cat -Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 14. EXHIBIT A EXHIBIT B Transmission System, Black Cat -Locust 138KV, Idaho Power Co., prepared by Sharp & Smith, Inc., Engineers & Surveyors, Sheet 3 - EXHIBIT B Z .-. n D !� D I D Z C N 0 m I C r n Z� zD m moo^^ z o_ > A V l 1 m yz > H z I II �� D i 0 I`�+ r !AIT I G1 Ir- cn O c� w m > N � A I i w V D � CA CA I T .moi < 37 � a I o m QUI C Z .-. n D !� D I D Z C N D m I C r- n Z� zD m moo^^ z �-- > A V l 1 Z r yz > H z I u �� D i 0 I`�+ r !AIT I G1 Ir- cn O c� w m t Ila l � A I i w V oT 1 � CA CA I T Z .-. n D I� 0 w 1 I I D Z C N D m I r- O n crn z l j I� i m o Ic`q I (� to �� D i M I I`�+ r !AIT I G1 Ir- cn O c� w t Ila I A I i ICS I� co o rn � CA CA EXHIBIT C WARRANTY DEED For Value Received Paid by an Accommodator Pursuant to an IRC 51031 Exchange Brian C. Young and Lori Young, husband and wife hereinafter referred to as Grantor, does hereby grant, bargain, sell, and convey unto E.L. Bews and Shirley G. Bews, husband and wife hereinafter referred to as Grantee, whose current address is 5204 Sorrento Circle - Boise, ID 83704 the following described premises, to -wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, 9 To HAVE AND TO HOLD the said premises, with their appurtenances 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 the premises, and that Grantor viii warrant and defend the same from all claims whatsoever. Dated: December 29,1998. ADA COUNTY RECORKR .r, DAVID NAVARRO f C Brian C. Young 07 ri Youn STATE OF IDAHO ) ss. COUNTY OF ADA ) RECORDED •REDUEST OF FEE�DEPUT - 14 98127032 FIRST AMERICAN TITLE CQ On This 29th day of December, in the year 1998, before me, a Notary Public in and for said State, personally appeared Brian C. Young and Lori Young, known or identified to me to be the person(s) whose name(s) are subscribed to the within Instrument, and Oar*yyPublic ed to me that they a cut the same. rr of Idaho f?;ear r�A Residing at Boise, ID '4 �, Zr' Commission expires: 7/25/99 0 p U First American Title Company of Idaho EXHIBIT "A" A parcel of land being a portion of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southwest corner of the said southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, also said point being the REAL POINT OF BEGINNING; thence North 0026149" East 488.00 feet along the Westerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin; thence South 8901494110 East 600.00 feet along a line Northerly of and parallel with the Southerly boundary of the said Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron_ pin; thence South 01126149" West 488.00 feet along a line Easterly of and parallel with the said Westerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35 to an iron pin on the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35; thence North 89014141" West 600.00 feet along the said Southerly boundary of the Southwest Quarter of the Southwest Quarter of the Southeast Quarter of Section 35, which is also the centerline of Ustick Road, to the POINT of BEGINNING. EXCEPTING THEREFROM: A strip of land in the South half of the Southeast Quarter of Section 35, Township 4 North, Range 1 West, Boise Meridian, and in the North Half of the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian, for right of way purposes along Five Mile Drain, Boise Project, Idaho, more particularly described as follows: Beginning at a point on the North and South quarter section line 103.3 feet, North 00026' West of the South Quarter corner of Section 35, Township 4 North, Range 1 West, Boise Meridian; thence North 00026' West 152.0 feet along the North and South Quarter section line; thence South 63006' East 423.7 feet; thence South 89952' East 1,109.0 feet; thence South 00137' East 90.0,feet; thence North 89052' West 1,231.5 feet; thence North 63006' West 286.00 feet to a POINT OF BEGINNING. ALSO EXCEPTING THEREFROM any portion of said property lying within USTICK ROAD April 30, 2002 Cindy Lou McDonald GIS Manager Idaho State Tax Commission 800 Park Blvd., Plaza IV Boise, Idaho 83722 &1v -6 Re: Ordinance No. 892 and 874 Dear Cindy, Enclosed you will find your copies of the above ordinances. Our apologies if they were not distributed previously to you. I have discerned the problem with finding Ordinance No. 892 on record with the Ada County Recorders office. Apparently when staff sent the ordinance to be recorded, they included our entire City Council packet. Therefore, the first page of the recorded document with the recorders information is our item sheet, and the second page is the city attorney's cover letter. The remaining pages are the actual ordinance. I have confirmed with the Recorders Office that the annexation shows on their records. Please feel free to contact me directly if you have any questions. Sincerely, % ot'fkw &)�'- -�� Sharon Smith Deputy City Clerk Enc. cc: Ada County Assessor Ada County Auditor Ada County Treasurer COMPASS Sterling Codifiers Idaho State Tax Commission HUB OF TREASURE VALLEY MAYOR Robert D. Come A Good Place to Live LEGAL DEPARTMENT (208) 288-2199 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS (208) 898-5500 •Fax 887-1297 William L. M. Nary 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 BUILDING DEPARTMENT Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 (208) 887-2211 • Fax 887-1297 Cherie McCandless City Clerk Office Fax (208) 888-4218 PLANNING AND ZONING (208) 881-5533 • Fax 888-6851 April 30, 2002 Cindy Lou McDonald GIS Manager Idaho State Tax Commission 800 Park Blvd., Plaza IV Boise, Idaho 83722 &1v -6 Re: Ordinance No. 892 and 874 Dear Cindy, Enclosed you will find your copies of the above ordinances. Our apologies if they were not distributed previously to you. I have discerned the problem with finding Ordinance No. 892 on record with the Ada County Recorders office. Apparently when staff sent the ordinance to be recorded, they included our entire City Council packet. Therefore, the first page of the recorded document with the recorders information is our item sheet, and the second page is the city attorney's cover letter. The remaining pages are the actual ordinance. I have confirmed with the Recorders Office that the annexation shows on their records. Please feel free to contact me directly if you have any questions. Sincerely, % ot'fkw &)�'- -�� Sharon Smith Deputy City Clerk Enc. cc: Ada County Assessor Ada County Auditor Ada County Treasurer COMPASS Sterling Codifiers Idaho State Tax Commission CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CITY CLERK- On LERK STATE OF IDAHO, ss. County of Ada, ) On this day of , in the year 2000, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z:\Work\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\Cert0kBews Resolution Bews (AZ -00-017) - 2 of 2 August 31, 2000 AZ 00-017 MERIDIAN CITY COUNCIL MEETING September 5, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. 22 REQUEST Request for annexation and zoning of 52.90 acres from RT to R-4 for proposed Brid etower Subdivision - north of Ustick Road and east of Ten Mile Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: COMMENTS See attached info from P & Z Hearing See attached Recommendations Materials presented at public meetings shall become property of the City of Meridian. WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. JULIE KLEIN FIscHER ATTORNEYS AT LAW Wm. F. GIORAY, III BRE.NT J. JOHNSON 200 EAST CARLTON AVENUE D. SAMUEL JOHNSON POST OFFICE BOX 1150 WILLIAM A. MORROW MERIDIAN, IDAHO 83680-1150 WILLIAM F. NwHOLs CHRISTOPHER S. NYE PHILIP A. PETERSON TEL 208 288-2499 (08)288-2501 ERIC S. RossMAN FAX TODD A. RossmAN DAvm Ni SWAR= TERRENCEK WHITE August 22, 2000 To: Staff Applicant Affected Property Owner(s) Re: Application Case No. AZ -00-017 NAWA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, (IDAHO 83653-0247 TEL FAX (2208) 466.4405 PLEASE REPLY TO MERIDIAN OFFICE AUG 3 0 2000 CITY OF MERIDIAN FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is leg�ble) the Position Statement if you disagree with the Findings and Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you Prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your. Position Statement to the City Council at the hearing, along with eight (8) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is strongly recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Very truly yours, City Attorney's Off' e Jy/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR ANNEXATION AND ZONING OF 52.90 ACRES FOR BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLC. Case No. AZ -00-017 RECOMMENDATION TO CITY COUNCIL INTRODUCTION 1. The property is approximately 52.9 acres in size and is located east of Ten Mile Road, north of Ustick. The property is designated as Bridgetower Subdivision. 2. The owners of record of the subject property are E. L. Bews of Boise, and Chandos Hoaglun and Young Lands Ltd., of Meridian, Idaho. 3. Applicant is Primeland Development Co., LLC, of Boise, Idaho. 4. The property is presently zoned by Ada County as RT, and consists of two single family dwellings and agricultural uses. 5. The Applicant requests the property be zoned as R-4 Low Density Residential. 6. The subject property is bordered to the north and east by Ada County RT zoning, and city limits of the City of Meridian are adjacent and abut to the south and west of the subject property. RECOMMENDATION TO CITY COUNCIL - 1 ANNEXATION AND ZONING - BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLC 7. The property which is the subject of this application is within the Area of Impact of the City of Meridian. 8. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area is defined in the Meridian Comprehensive Plan. 9. The Applicant proposes to develop the subject property in the following manner: a development consisting of 103 single family residential lots, 19 landscape lots, a recreation center common lot, a park common lot and three future office lots. 10. The Applicant requests zoning of the subject real property as R-4 which is consistent with the Meridian Comprehensive Plan Generalized Land Use Map which designates the subject property as Single Family Residential. 11. There are no significant or scenic features of major importance that affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the requested annexation and zoning as requested by the Applicant for the property described in the application, subject to the following: Adopt the Recommendations of the Planning and Zoning and Engineering Staff as follows: RECOMMENDATION TO CITY COUNCIL - 2 ANNEXATION AND ZONING - BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLC 1.1 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. Applicant wrote on August 7 that he intends to pipe those portions of the Creason Laterial which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property will be piped in future phases. Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 1.2 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 1.3 Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. 1.4 Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 1.5 A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. The applicant will provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot will he retained on site. However, pre -development subdivision storm drainage will he discharged to Five Mile Creek if approved by Nampa - Meridian Irrigation District. 1.6 Off-street parking shall be provided in accordance with the City of Meridian Ordinance 11-13 for use of property. 1.7 All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. RECOMMENDATION TO CITY COUNCIL - 3 ANNEXATION AND ZONING - BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLC 1.8 Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 1.9 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.10 Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 1.11 Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 1.12 Due to the single-family use abutting the west boundary of Lots 2 and 3, Block 1 (proposed as future office use), a minimum 20 -foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property lines of these two lots and shall be a condition attached to this property in the Development Agreement. The applicant will provide a 20 foot rear setback for lots 2 & 3, Block 1. This area will be landscaped to provide an adequate buffer for the adjoining residential use. 1.13 The Applicant has noted that Lots 1-3 of Block 1, south of Five Mile Creek, are intended as future office lots. However, the current Comprehensive Plan does not support an office or commercial zoning. These lots may be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L -O or other zone which allows office uses. Staff does support the concept of incorporating other uses besides residential as part of this development. Since the Bureau of Reclamation right-of-way separates these lots from the residential portion of the subdivision, a separate final plat and subdivision name will be required. The applicant understands that the three lots labeled as future office lots will require a rezone after the City adopts the new Comprehensive Plan. The applicant will incorporate the three lots in a separate final plat if required by the Ada County Engineer. Z:\Work\M\Meridian 15360M\Recommendations\ Z017Bridgetower.wpd RECOMMENDATION TO CITY COUNCIL - 4 ANNEXATION AND ZONING - BRIDGETOWER SUBDIVISION BY PRIMELAND DEVELOPMENT CO., LLC August 3, 2000 AZ -00-017 MERIDIAN PLANNING & ZONING MEETING August 8, 2000 APPLICANT Primeland Development Co., LLP ITEM NO. 6 REQUEST Annexation and Zoning of 52.90 acres from RT to R-4 for a proposed planned unit devec for Proposed Bridgetower Subdivision North of Ustick and East of Ten Mile AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS See Attached See Attached See Attached See Attached See Attached r See Attached V9 BUREAU OF RECLAMATION: OTHER: See attached comments from Sewer De ent Contacted: ' t/ Date: Phone: M f -7 3/ U Materials presented at public meetings shall become property of the City of Meridian. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie (208) 288-2499 •Fax 288-2501 CITY OF MERIDIAN CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: AZ -00-017 Request: Annexation and Zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 East of Ten Mile, North of Ustick Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Come (208) 288-2499 • Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS CITY COUNCIL MEMBERS BUILDING DEPARTMENT Ron Anderson 33 EAST IDAHO �{I MERIDIAN, IDAHO 83642 , v (208) 887-2211 • Fax 887-1297 Keith Bird � Tammy deWeerd q (208) 888-4133 • Fax (208) 887-4813 Pi Zuv`_ L PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 , his DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: AZ -00-017 Request: Annexation and Zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 31 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department Your Concise Remarks: j% 19" 0 0 tar cqu ENTRAL DISTRICT HEALTH DEPARTMENT Rezone # Conditional Use # CENTRAL DISTRICT HEALTH DEPARTMENT Environmental Health Division Preliminary / Final / Short Plat —D/7 e iL„s,e — XI. We have No Objections to this Proposal Return to: ❑ Boise ❑ Eagle ❑ Garden City 'Meridian ❑ Kuna ❑ ACz ❑ 2. We recommend Denial of this Proposal. ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ❑ 8. After written approval from appropriate entities are submitted, we can approve this proposal for: ❑ central sewage ❑ community sewage system ❑ community water well ❑ interim sewage ❑ central water ❑ individual sewage ❑ individual water ❑ 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ❑ central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines ❑ central water ❑ 10. Run-off is not to create a mosquito breeding problem. ❑11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13 14. We will require plans be submitted for a plan review for any: ❑ food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store A-0 f) Z* TPe 4s ' _ Date: 7 /.:26 Reviewed By: CDHD 10/91 rd, rev. 7/97 Review Sheet MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208)288-2499 - Fax 288-2501 CITY OF MERIDIAN PUBLIC WORKS 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 - Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 rT BUILDING DEPARTMENT 1;.08) 887-2211 - Fax 887-1297 nu PLANNING AND ZONING NT (208) 884-5533 - Fax 888-6854 it 4 fD a TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: AZ -00-017 Request: Annexation and Zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FPIPFP - 31 AZ - 27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Tr sportation Department Your Concise Remarks: MAYOR Robert D. Corrie --� HUB OF TREASURE VALLEY r. A Good Place to Live CITY OF MERIDIAN LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 CITY COUNCIL MEMBERS PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILDING DEPARTMENT Keith Bird MERIDIAN, IDAHO 83642 (208) 887-2211 • Fax 887-1297 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 PLANNING AND ZONING Cherie McCandless City Clerk Office Fax (208) 888-4218 DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: August 1, 2000 Transmittal Date: July 18, 2000 Hearing Date: August 8, 2000 File No.: AZ -00-017 Request: Annexation and Zoning of 52.90 acres from RT to R-4 for proposed Bridgetower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mile, North of Ustick Sally Norton, P/Z Bill Nary, P/Z Thomas Barbeiro, P/Z Richard Hatcher, P/Z Keith Borup, P/Z Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen -26 PP/FP/PFP - 31 AZ -27 Meridian School District Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Ada County (Annexation) Idaho Transportation Department PcElvED J U L 2 5 2000 CITY OF MERIDIAN RECEIVED J U L 2 4 2000 Meridian City Water Superintendent MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless MEMORANDUM: HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Assistant to City Engineer�� Brad Hawkins -Clark, Planner :,bk�C Re: BRIDGETOWER SUBDIVISION LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 August 3, 2000 Request for Annexation and Zoning of 52.9 Acres from RT to R-4 by Primeland Development Co., LLP (File AZ -00-017) Preliminary Plat of 46.2 Acres with 106 Buildable Lots and 21 Other Lots by Primeland Development Co., LLP (File PP -00-017) Conditional Use Permit for 106 Lot P.U.D. by Primeland Development Co., LLP (File CUP -00-043) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY There are three separate applications covered in this report, each addressed separately after the summary. These applications comprise the initial, southernmost phase of a larger, mixed-use project planned to be developed by the Primeland Development. The annexation application proposes to annex six (6) separate parcels north of Ustick Road between Linder and Ten Mile under an R-4 zone. The preliminary plat application proposes to create 103 single-family residential lots, 19 landscape lots, a recreation center common lot, a park common lot and three (3) future office lots. There are two new residential collectors and several local roads proposed in the plat. The CUP/PUD application proposes a new Homeowners' Association recreation center on Lot 2, Block 2, and also requests a reduction in the minimum lot frontage. LOCATION The parcels to be annexed are located on the north side of Ustick Road, bisected by Five Mile Creek, approximately 1,900 feet east of Ten Mile, immediately across Ustick Road from Tumble Creek and Fieldstone Meadows Subdivisions. AZ -00-017, CUP -00-043, PP -00-017 / V/ a v Bridgetower.AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council August 3, 2000 Page 2 SURROUNDING PROPERTIES The property is located in an area designated as Single-family Residential in the Comprehensive Plan. The surrounding uses follow: North — Agricultural, zoned RT (Ada Co.) South — A single-family home with accessory agricultural equipment, zoned RT (Ada Co.); Fieldstone Meadows Sub, zoned R4; and Tumble Creek Sub, zoned R4. East — Agricultural and single-family homes, zoned RT (Ada Co.) West — Single-family home on 4.2 acres, zoned R4 (Meridian) CURRENT OWNERS OF RECORD There are three separate property owners of the six (6) subject parcels. E.L. Bews is the owner of the two (2) southernmost parcels, Brad and Chandos Hoaglun are the owners of the 0.4 -acre parcel, and Young Lands, Ltd. (represented by Harry D. Young), is the owner of the remaining three parcels. Each owner has submitted consent for the applications. ANNEXATION & ZONING - GENERAL COMMENTS The legal description submitted with the application meets the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning of R-4 is compatible with the Comprehensive Plan Land Use Map designation of Single-family Residential. The subject property is within the Urban Service Planning Area. 3. Essential City services are available to the subject parcels. The Applicant has noted that discussions are underway with the Meridian School District regarding a potential school site east of subject parcel. ANNEXATION & ZONING - GENERAL REQUIREMENTS 1. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Outside lighting shall be designed and placed so as not to direct illumination on any nearby residential areas and in accordance with City Ordinance Sections 11-13-4.C. and 12-5-2.M. A7.-00-017, CUP -00.043, PP -00-017 Bndgetower.AZ.PP.CUP.doe Planning & Zoning Commission/Mayor & City Council August 3, 2000 Page 3 4. Two -hundred -fifty- and 100 -watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. All site drainage shall be contained and disposed of on-site. 6. Off-street parking shall be provided in accordance with the City of Meridian Ordinance 1I- 13 for use of property. 7. All signage shall be in accordance with the standards set forth in Section 11-14 of the City of Meridian Zoning and Development Ordinance. No temporary signage, flags, banners or flashing signs will be permitted. 8. Provide five -foot -wide sidewalks in accordance with City Ordinance Section 12-5-2.K. 9. All construction shall conform to the requirements of the Americans with Disabilities Act. ANNEXATION SITE SPECIFIC REQUIRMENTS 1. Applicant shall be required to enter into a Development Agreement with the City as a condition of annexation. 2. Meridian City Ordinance 12-6 sets forth the requirements for Planned Developments. Any conditions attached to a Final Development Plan for Planned Development projects run with the land and shall not lapse or be waived as the result of any subsequent change in tenancy or ownership. 3. Due to the single-family use abutting the west boundary of Lots 2 and 3, Block 1 (proposed as future office use), a minimum 20 -foot planting strip, in accordance with City Ordinance 12-4-7.A., is required along the west property lines of these two lots and shall be a condition attached to this property in the Development Agreement. 4. The Applicant has noted that Lots 1-3 of Block 1, south of Five Mile Creek, are intended as future office lots. However, the current Comprehensive Plan does not support an office or commercial zoning. These lots may be annexed with an R-4 zone but shall be restricted from obtaining any building permits until the lots are formally rezoned to the L -O or other zone which allows office uses. Staff does support the concept of incorporating other uses besides residential as part of this development. Since the Bureau of Reclamation right-of-way separates these lots from the residential portion of the subdivision, a separate final plat and subdivision name will be required. AZ -00-017, CUP -00.043, PP -00.017 Bridgtowcr.AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council August 3, 2000 Page 4 PRELIMINARY PLAT REQUIREMENTS Obtain a letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. Sanitary sewer and water service to this site shall be via extensions from existing mains installed adjacent to the proposed subdivision. Applicant will be responsible to construct the sewer and water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 4. The developer shall be responsible for the payment of sewer and water assessment fees, as well as the actual physical connection of the existing homes located within the boundaries of this subdivision. Underground pressurized irrigation must be provided to all landscape areas on site. Due to the landscape area, primary water supply connection to the City's mains will not be allowed. Applicant shall be required to utilize any existing surface or well water for the primary source. The preliminary plat map indicates that the Five Mile Creek will be utilized as the secondary source. Applicant has not indicated whether the pressurized irrigation system within this development is to be owned and maintained by an association or the Nampa & Meridian Irrigation District. If the system is being proposed as a private system, plans and specifications for the irrigation system shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. 6. A detailed landscape plan for the common areas, including fencing locations and details, pathways and types of construction, shall be submitted for review and approval with the submittal of the final plat application. The plan must include sizes and species of trees, shrubs, berming/swale details, and all proposed ground cover/treatment. No fencing will be permitted within the required landscape buffers. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the Final Plat. Perimeter fencing shall be installed prior to obtaining building permits. 7. The soils investigation report submitted with the application indicates that groundwater was encountered at some fairly shallow depths within the project site. Design engineer to provide a statement of compliance, prior to the approval of development plans, that certifies that the centerline fmish grade of the streets, public or private, is at least three feet above the established normal ground water elevation. This is an effort to ensure that the building footings are at least one foot above the high groundwater. AZ -00-017, CUP -00-043, PP -00-017 andgdov vr.AZ.PP.CUP.aoe Planning & Zoning Commission/Mayor & City Council August 3, 2000 Page 5 An irrigation pump station is proposed within the 100 -year floodplain on Lot 2, Block 2. The future base floor elevation of this structure must be raised a minimum of 12 inches above flood plain elevation. 9. N. Towerbridge Way is the only ingress/egress access proposed to serve the 103 homes in Phases 1 and 2. The Applicant must work with the Meridian Fire Department to determine whether a temporary emergency access point is necessary until such time as a secondary principal access is provided. 10. City Ordinance 12-4-12 states, "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobiles) can be provided throughout the City urban service planning area." Since no front -on housing is permitted along Towerbridge and Pride Crossing (as Collectors), Staff recommends Applicant coordinate with ACHD to provide bike lanes within the 50 -foot right-of-way of both collectors. The bike lanes will also provide increased safety and accessibility for children traveling to school should a future elementary school be constructed east of the subdivision. 11. As a condition of the plat, Applicant shall be required to construct open -vision fencing or four -foot -high solid fencing (max.) along both sides of any pathways. The developer shall place a deed restriction on the residential lots adjacent to these micropaths to prohibit the construction of any fencing on the residential lot higher than four feet on the sides adjacent to the pedestrian walkway lot. 12. Please show all existing permanent and temporary sanitary sewer construction easements on the preliminary plat map. No lots shall be allowed to encroach within any permanent sanitary sewer easement, and no lot improvements shall be allowed to encroach within the temporary construction easement until such time as construction is complete and the temporary easement is released per the terms of the easement. No building permits shall be issued on any lot bordering the north side of the Five Mile Creek, untill such time as the relief sanitary sewer main is built. 13. Applicant is proposing to leave the Creason Lateral open until such time as the adjacent property is developed. If approved, applicant should be required to provide a letter of credit and cash for tiling of the ditch prior to applying for building permits. 14. Lots 8-19, Block 7, and Lots 16-19, Block 3, are impacted by irrigation easements. Provide a copy of the executed encroachment agreement with Nampa -Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. If encroachment of the Creason Lateral is not granted, the easement area will need to be removed from the building lots. 15. Add the Right to Farm note to the plat. Bridgetow er.AZ PP.CUP.doc AZ -00-017, CUP -00043, PP -00-017 10-%, Planning & Zoning Commission/Mayor & City Council August 3, 2000 Page 6 16. Please reply in writing to these comments by 12:00pm on Monday, 8-7-00. CONDITIONAL USE REQUIREMENTS 1. As part of a conditional use permit, the City of Meridian may impose additional restrictions/conditions. 2. Variances to the straight R-4 zoning standards that would be required if this PUD is approved as proposed would include the following: R-4 Standard Proposed Minimum frontage 80 feet 61 feet Maximum block length 1,000 feet 1,500+ feet Both reductions are within the scope of allowable changes under the PUD ordinance. The Applicant has submitted a formal variance application for the block length, which will be heard before the City Council should the P&Z Commission recommend approval of the annexation and preliminary plat. 3. The Comprehensive Plan, policy 4.1, pg. 56, of the Transportation Chapter, designates Five Mile Creek as a multiple use pathway. As stated in #8 of the Preliminary Plat application, any pathway along Five Mile Creek will require Bureau of Reclamation (BOR) and NMID approval. Since BOR owns the Five Mile right-of-way in fee simple and the future pathway location will be off-site from this subdivision (i.e., there is no easement involved), staff requests that the Applicant address the pathway issue during the public hearing process. The gravel access shown between Lots 11 and 12, Block 3, shall be constructed with a pedestrian walkway and platted as a separate common lot. Applicant is to coordinate pathway improvements with the Meridian Parks Director. 4. Item #7 of the Preliminary Plat application states that the Applicant has interest in dedicating the park area to the City for neighborhood park in exchange for Park Impact Fee Credits for the land dedication. However, as a PUD, the applicant is required to provide a minimum of 10% of the gross land area as common open space. If Lots 2 and 3 of Block 2 (common lots) are dedicated to the City, the 10% open space requirement would not be met. If the City did opt to accept dedication of the proposed park site, the developer would be responsible for construction of all improvements prior to dedication, and an offset to the required park impact fees would not be considered. 5. The Preliminary Landscape Plan submitted with the CUP application appears to propose two subdivision entrance signs on the east and west sides of Towerbridge Way at the Ustick Road entrance. No sign details or renderings were submitted. Staff supports the proposed locations (outside of the 40' x 40' clear vision triangle) and recommends monument -type signage along Ustick Road. Detailed signage plans will be subject to design review and separate permits. Bridgdov.w.AZ.PP.CUP. doc AZ -00-017, CUP -00-043, PP -00-017 Planning & Zoning Commission/Mayor & City Council August 3, 2000 Page 7 6. Note that special attention will need to be paid on the Landscape Plan to ensure the 40' x 40' clear vision triangles are preserved at the intersections of all roadways. The preliminary plan currently shows some trees within these areas. 7. Ordinance 12-6-7.1) requires that all planned developments provide underground utilities throughout the entire project site. 8. Please provide elevations of the proposed clubhouse for review and approval. RECOMMENDATION Staff recommends approval of all three subject applications with the above conditions. COMPREHENSIVE PLAN POLICIES The 1993 Comprehensive Plan contains a variety of goals and policies that are relevant to this application. Staff has selected the following sections that most directly apply to the proposed project: The subject property is located in an area designated as Single-family Residential in the Meridian Comprehensive Plan. It is within the Meridian Urban Service Planning Area. Economic Development Chapter Policies 3.1U, 3.2U Land Use Chapter Policies 2.1U, 2.2U, 2.3U, 6.3.c Natural Resources and Hazardous Areas Chapter Policies 1.1U, 2.1U, 2.5U, 3.1U, 4.lU Transportation Chapter Policies 1.6U, 1.9U Open Space, Parks & Recreation Policies 3.1, 5.3 Housing Chapter Policies 1.3, 1.4, 1.7, 1.12, 1.13U, 1.18 Community Design Chapter Policies 1.8, 5.2U SrOgetov"AZ.PP.CUP.doc AZ -04017, CUP -00-043, PP -00-017 Preparing Today's Students for r Tomorrow's Challenges. o` /s\o91e . Me��d�o�• SUPERINTENDENT Christine H. Donnell July 25, 2000 City of Meridian 22 East Idaho Meridian, ID 83642 Dear Councilmen: �2S Joint School Dist ,ZB 911 Meridian Street • Meridian, Idaho 83642 • (26-_ 0 guc J U L 2 8 2000 CITY OF MERIDIAN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888-6701. Reference: Bridgetower Subdivision Elementary School: Andrus Elementary School Middle School: Eagle Middle School High School: Eagle High School Comments and/or Recommendations: Andrus Elementary School is at capacity. Eagle Middle School is at capacity. Eagle High School is over capacity. We can predict that these homes, when completed, will house thirty-five (35) elementary aged children, twenty-five (25) middle school aged children, and twenty-three (23) senior high aged students. Sincerely, Wendel Bigham, Supervisor of Facilities and Construction WB:gr �.B August 2, 2000 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 FcEf"r) 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Re: AZ-00-017Annexation and Zoning of 52.90 acres from RT to R-4 for Proposed Bridgetower Subdivision Dear Commissioners: The Nampa & Meridian Irrigation District has no comment on the annexation and zoning for the above-mentioned proposed project. Sincerely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 August 2, 2000 Will Berg, City Clerk Meridian City Hall 33 East Idaho Meridian, ID 83642 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Re: PP -00-017 Preliminary Plat for Proposed Bridgetower Subdivision Dear Commissioners: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The Nampa & Meridian Irrigation District's Creason Lateral courses along the east and west boundary of the above-mentioned proposed project. Any encroachments within the easement of the Creason Lateral without written permission are unacceptable. The Fivemile Drain courses along the south boundary of this proposed project also. The Fivemile Drain is a contract drain with the Bureau of Reclamation; the District's easement on the Fivemile Drain is 100 feet, 50 feet from the center each way. No encroachments are allowed within this easement either without written permission. Please contact John Caywood at the Bureau of Reclamation for their requirements on the Fivemile Drain. Sin�ccerrely, Bill Henson, Asst. Water Superintendent NAMPA & MERIDIAN IRRIGATION DISTRICT BH: dln Cc: File — Shop File — Office Water Superintendent APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Hug 07 00 11:57a ^ ^ p -Z 1EcE D AUG 0 ; 2000 ity of Aleridia,i "itv' Clerk Offier August 7, 2000 BECI(U BOW99TT PUMNIN6 SERVICES 11283 W. Hickory Dole Boise, Idaho 83713 City of Meridian Attn: Brad Hawkins -Clark, Bruce Freckleton and Will Berg 200 E. Carlton, Suite 201 Meridian, Idaho 83642 P9(2 cam.. /P/� 8 9- ov _z*'SfV b, 7 t Re: Bridgetower subdivision (Responses to stall' comments on the annexation, preliminary plat & planned unit development). ANNEXATION & ZONING - GENERAL COMMENTS: 1. The applicant agrees. 2. The applicant agrees. 3. The applicant agrees. ANNEXATION & ZONING - GENERAL REQUIREMENTS: 1. The applicant intends to pipe those portions of the Creason Lateral which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property will be piped in future phases. Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant comply with removal of existing septic systems and wells. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot will be retained on site. However, pre -development subdivision storm drainage will be discharged to Five Mile Creek if approved by Nampa -Meridian Irrigation District. 6. The applicant will comply. 7. The applicant will comply with signage requirements. 8. The applicant will comply. 9. The applicant will comply with applicable ADA standards. AUG 07 '00 12:09 PAGE.02 Rug 07 00 11:57a ANNEXATION SITE SPECIFIC REQUIREMENTS: 1. The applicant will enter into a development agreement. 2. The applicant understands. 3. The applicant will provide a 20 foot rear setback for lots 2 & 3, block 1. This area will be landscaped to provide an adequate buffer for the adjoining residential use. 4. The applicant understands that the three lots labeled as future office lots will require a rezone after City the adopts the new Comprehensive Flan. The applicant will incorporate the three lots in a separate final plat if required by the Ada County Engineer. PRELIMINARY PLAT REQUIREMENTS: 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. S. The applicant will utilize the Creason Lateral as a primary source for the pressurized irrigation system. Five Mile Creek may be used as a secondary source if approved by Nampa -Meridian Irrigation District. A shallow well will be used for a second source if the Creek is not available. The applicant has not determined who will own and maintain the system, he is reviewing the options. 6. The applicant will comply. 7. The property was under agricultural production when the test holes were excavated. This affects the groundwater levels. The applicant's engineer will provide the necessary data to meet City standards for groundwater separation. 8. The applicant will comply if applicable. 9. The applicant will meet with Meridian Fire Department concerning a secondary access. However, we believe a second access is not needed with this development since ACHD standards allow 100 homes to utilize a a single access. 10. Ada County Highway District did not require bike paths along the collectors. The applicant is providing separated sidewalk along Towerbridge and proposes a convenient system of interlinking pedestrian pathways. 'These pathways would link the neighborhoods to the park and possible school site. A pathway is proposed along the Creason Lateral northeast of this development application. Nampa -Meridian Irrigation District approval would be required. We believe the planned network of pathways would be superior to a stripped bike path within the roadway_ 11. The applicant will comply. 12. The applicant has concerns about the timing of the relief line adjacent to the first phase. The applicant would like the City to indicate a time frame. If the lots do not encroach within the permanent easement and adequate area is available for installation of the relief line then this condition should be removed This restriction would create a hardship on this project. RUG 07 '00 12:09 PRGE.03 p.3 Aug 07 00 11:57a The applicant would prefer the City look at other options to eliminate the possible conflict. 13. The applicant wiil comply. 14. The applicant will comply. 15. The applicant will comply. 16. The applicant will comply. CONDITIONAL USE REQUIREMENTS: 1. The applicant requests that all applicable conditions be listed in this document. 2. The applicant agrees that the deviation of frontages and block length is allowable under the provisions of the PUD section. However, the applicant submitted a variance application since previous block length waivers were handled through a variance. 3. The applicant will discuss pathway locations and construction with the Parks Department. The applicant at this time is reluctant to make any commitments until a meeting with Parks and Nampa -Meridian Irrigation District is completed to discuss both agencies requirements. These agencies must be in agreement concerning standards. 4. Under Section 12-6-7-E-4 the Ordinance allows the common area to be conveyed to a public body. If the park is private, the use will be limited to the residents of the Bridgetower Subdivision. The applicant suggested the public option since the location of the park adjoins Five Mile Creek. if the park were developed as a public recreation area, certain standards setforth by the Parks Department would be imposed. These standards would most likely be more costly than development of the park as private. The Park Impact Fee credits issue may warrant further investigation. 5. The applicant will comply with staff recommendations. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will provide elevations for staff review. AUG 07 100 12:10 PAGE.04 p.4 Rug 07 00 11:56a AUG 07 100 12:09 PAGE.01 p.l ** TX CONFIRMATION REPORT ** AS OF AUG 07 100 12:4? PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMB# STATUS 07 08/07 12:47 PUBLIC WORKS OF --S 00'42" 003 018 OK -------------------------------------------------------------------------------------------- .'_g — uu ii -_.e P.0 R,FCEIVE1D BEeIfII B@WOM PUINNING SERVICES 11283 W. Hickory Dela AUG 0 7 2000 Bulse,laahc 63773 City of mcririiau s �/ City Clerk Office August 7, 2000 City of Meridian Attn: Brad mawkins-Clark, Bruce Freekleton and Will Berg 200 F. Carlton, Suite 201 Meridian, Idaho 83642 Fe: Bridgetower subdivision (Responses to staff comments on the annexation, preliminary plat & planned unit development). ANNEXATION & ZONING - GENERAL cOMMENTS. 1. The applicant agrees. 2. The applicant agrees. 3. The applicant agrees. ANNEXATION & ZONING - GENERAL REQUEREMC M: I. The applicant intends to pipe those portions of the Creason Lateral which arc within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property will be piped in future phases. Five Mile (leek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant comply with removal of existing septic systems and wells. 3. The applicant will comply. 4. The applicant will comply. S. The applicant will provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot will be retained on site. However, pre -development subdivision storm drainage will be discharged to Five Mile Creek if approvod by Nampa -Meridian Irrigation District. 6. The applicant will comply. 7. The applicant will comply with signage requirements. S. The applicant will comply. 9. The applicant will comply with applicable ADA standards. AUG 07 '00 12:09 PAGE.02 ** TX CONFIRMATION REPORT ** AS OF AUG 07 '00 12:49 PAGE.01 CITY OF MERIDIAN DATE TIME TO/FROM MODE MIN/SEC PGS CMD# STATUS 08 08/07 12:48 2088886654 EC --S 00'53" 003 019 OK -------------------------------------------------------------------------------------------- BECKY 18W00TTPINNNINISERVICES � Z M' 17283 W. Hkkory Dale 8 �- U (� AUG 0 i 2000 SoMe,Idaho 037,3 C:itV of b7e:ri.elia� s� 6 7 �' City Clerk Offic,. August 7, 2000 City of Meridian Attn: Brad Hawkins -Clark, Bruce Freckleron and Will Berg 200 F. Carlton, Shite 201 Meridian, Idaho 83642 Re: Bridgetower Subdivision (Responses to staff comments on the annexation, preliminary plat & planned unit development). ANNEXATION & ZONING - GENERAL COM&IENTS: 1. The applicant agrees. 2. The applicant agrees. 3, The applicant agrees. .ANNEXATION & ZONING - GENERAL REQUMEMINTg; I. The applicant intends to pipe those portions of the Creason Lateral which are within this phase of the project. Those sections of the lateral outside this plat and on the larger subject property will be piped in future phases. Five Mile Creek adjoins the property and will not be piped since it is a natural drainage waterway. 2. The applicant comply with removal of existing septic systems and wells. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will provide a drainage plan for the proposed parking area at the recreation center. Storm drainage for the parking lot will be retained on site. However, pre -development subdivision storm drainage will be discharged to Five Mile Creek if approved by Nampa -Meridian Irrigation District. 6. The applicant will comply. 7. The applicant will comply with signage requirements. S. The applicant will comply. 9. The applicant will comply with applicable ADA standards. AUG 07 '00 12=09 PAGE. OP 0c, JA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report n � Bridgetower/MPP-00-017Ustick Road/Ten Mile Road 106 buildable lots MAZ-00-017/MCUP-00-043 A preliminary plat has been submitted to the City of Meridian for approval of a 127 -lot residential subdivision. The applicant is also requesting a rezone from RT to R-4, and conditional use approval for a planned unit development. The application has been referred to ACHD by the City of Meridian for review and comment. The 46.2 -acre site is located on the north side of Ustick Road, approximately 1/3 -mile east of Ten Mile Road. This development is estimated to generate 1,060 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road ACHD Commission Date — August 9, 2000 - 7:00 p.m. Bridgetower.cmm Page 1 RT RT N r. N RT RT 7000 RT 0 7000 RT 14 ED 2000 Feet imum, ■■■� n■■■■■ ■ 'IVA■N=■■■■■/■■■■■' i■h" _ ■nom *1111 Illli �I�■■■■■■■■■ .�� ���`i ii ■ ■ ■, ��1 ��� ■: �■ ■n ,� i 'E■ ■■ low �y �� ��i ii ii i■ ,�'�•'�� �� i ■ i� i ••�11 ��1 ■� �= �� ■� ■■� wi i� ii �� �I♦�� �� i 11 1� ■ ■. r�mva ■ I -P Fog ■�� .. •��+ ■ ■■�II�■ON. ■� ■■■■■ ■■ i ��� ��.�■� ��ism onsommonssmon ■■■■ �% ■■ ►t ��..� ■■ ■■ ■mons.■■ ■ . ■ �■ . I� ♦ �� �■ �a�1► ♦ ��■■�� 1�■■►=_ .. SOME ■& MW ■ ■ � \�I����■�■ ■ � 11� ii ■■ ■ i1 ��I1■■.���1�%i►�C ii ii i■ ■■/� ES j l/■■■�■/� = ■ ■■■■■ ■ Ii ■■ ■� ■ �■ ■ME ME 11 ME■ ■■ ■■ ■�1 ♦ ♦ ■ ME :� ■o :: �111•�■ • ■ ■ ■ !NIXON �,♦/�i i �♦ III �■ �SO ■■ �► 1�1 ` �,�♦1� i�i�� .:� !1...■.■r■r.r■■� EMO i�j�11I�+�.�■�\�1�•�� �i i1I ��■..■=.■i./_911111 loss BRIGGSBRIGGS ENGINEERING, INC. 1/2 MILE VICINITY REVISION BRIDGETOWER SUBDIVISION .. ADA COUNTY,• 18W W. OVERLAND ROAD .• IDAHO 83705 ® ,.. 3( N 10 Feet BLOCK 7 21 I 20 B O 3 37 20 21 22 23 24 25 26 27 28 29 14 15 30 19 31 18 12 13 14 15 16 17 18 19 32 1 17 1020 33 1 9 8 7 BLOC C 44 21 34 5 1 16 6 g 22 154 13 35 1 12 11 2 23 10 -r 9 8 1 1 7 2 6 5 3 4 LOCK 1 1 2 / ZONE AREA BOUNDARY rBLOCK R1 R-4 BLOCK 1 \ s 7 W. USTICK ROAD BLOCK 2 3 19 18 17 16 15 9 14 10 13 11 12 11 i 12 O 9 5 13 \14 g v 4 6 15 32 7 1 6 5 4 5 3 4 2 \ 3 2 M rtt5t5Lt5 i UNt_ PEBBLESTONE S E PARK STONEzo7) MCREEK gin TUM I I Jd BRIGGS ENGINEERING, INC. VICINITY MAP REVISION BRIDGETOWER SUBDIVISION BRIGGS PORTION OF THE SOUTH 1/2 OF SECTION 35, T. 4N., R.1 W., B. M., "` ADA COUNTY, IDAHO SHEET 1 OF 1 (208) 3449700 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1" = 300' 1 06/29/00 0601 \0601.APR Owner — Ed Bews Applicant — Becky Bowcutt RT - Existing zoning R-4 - Requested zoning 46.20 -Acres 106 - Proposed building lots 21 - Proposed common lots 6,500 - Total lineal feet of proposed public streets (approximately) 256 - Traffic Analysis Zone JAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 5,351 on 5-2-00 Better than C -Existing Level of Service Better than C -Existing plus project build -out Level of Service 670 -feet of frontage 70 -feet existing right-of-way (25 -feet north from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. There is sidewalk on the south side of Ustick Road across from the site. B. On July 24, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On July 28, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to construct the main entrance, Towerbridge Way, with a 29 -foot street section and a 36 -foot street section, with a 30 -foot wide center median and located approximately 400 -feet east of Quarrystone Way on the south side of Ustick Road. The applicant will be required to dedicate sufficient right-of-way for the entire width of the entrance. E. The applicant should be required to construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum Bridgetower.cmm Page 2 of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. F. The applicant is proposing to construct the main entrances to Pride Crossing Drive with 29 -foot street sections and a 20 -foot wide center median. The applicant will be required to dedicate sufficient right-of-way for the entire width of the entrances. G. The applicant will be required to construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge should be constructed as a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks. H. Towerbridge Way and Pride Crossing Drive should be designated as residential collector streets with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets should be stated on the final plat. District policy requires that these street segments be constructed as 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. I. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. J. Utility poles should be relocated out of the new right-of-way on Ustick Road, and are the responsibility of the developer. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. L. The applicant is proposing to construct the main entrance to Trestle Drive with 29 -foot street sections and a 10 -foot wide center median. The applicant will be required to dedicate sufficient right-of-way for the entire width of the entrance. M. The applicant is proposing to stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because the stub is one -lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. N. The applicant is proposing to stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and constructed over the Creason Lateral. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because there is a public street intersection. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Bridgetower.mun Page 3 O. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. P. The turnarounds should be constructed to provide a minimum turning radius of 45 -feet, as proposed. Q. The applicant is proposing to construct a recreation center on Lot 2, Block 2, and is proposing to construct a 40 -foot wide driveway to access that lot. The driveway should be located as proposed at the east property line of Lot 2, Block 2, and should be constructed 24 to 30 -feet wide. R. Lots 2, 3 and 6 of Block 1, are being rezoned to R-4 to follow Meridian's comprehensive plan. The applicant intends to rezone these lots to light office or commercial in the future (conceptual). The applicant is proposing to locate driveways approximately 140 -feet north of Ustick Road. The driveways should be located as proposed, and constructed 24 to 30 -feet wide. S. Unpaved driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30 -feet into the site beyond the edge of pavement of any public street. T. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Bridgetower.cmm Page 4 3. Construct the main entrance, Towerbridge Way, with a 29 -foot street section and a 36 -foot street section, with a 30 -foot wide center median and located approximately 400 -feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of- way for the entire width of the entrance. 4. Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct the main entrances to Pride Crossing Drive with 29 -foot street sections and a 20 -foot wide center median. Dedicate sufficient right-of-way for the entire width of the entrances. 6. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these streets segments as 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks. Construct a 29 -foot wide bridge where N. Towerbridge Way crosses Fivemile Creek with sidewalk on both sides of the bridge. Coordinate the design of the bridge with District staff. 9. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 10. If relocation is required, utility poles shall be relocated out of the new right-of-way on Ustick Road, and are the responsibility of the developer. 11. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 12. Construct the main entrance to Trestle Drive with 29 -foot street sections and a 10 -foot wide center median as proposed. Dedicate sufficient right-of-way for the entire width of the entrance. 13. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff Bridgetower.cmm Page 5 14. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block Sand Lot 30 Block 3 and construct over the Creason Lateral. Install a si n at the terminus of g the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 16. Construct the turnarounds to provide a minimum turning radius of 45 -feet, as proposed. 17. Construct a 24 to 30 -foot wide driveway at the east property line of Lot 2, Block 2 to access the proposed recreation center. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Pride Crossing Drive. 18. Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 19. Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 20. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identifv each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision The request Bridgetower.cmm Page 6 for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Bridgetower.cmm Page 7 i� 1. Conclusion of Law: 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Plannin,p and Development Staff Commission Action: Bridgetower.cmm Page 8 0s:52 MAYOR Robert D. Corrie CITY COUNCIL MEMBr"RS Ron Anderson Keith Bird Tammy deWecrd Cherie mccondless TRANSMITTALS TO AGENCIES OR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN saNI1ARV SERUi�E HUB OF TREASUR LUdd A Good Place to Li�JDE . NCIT�OF � 33 EAST IDA140 MERIDIAN, IDAHO 83642 (20S) S88-4433 • Fax (208) 887-4813 City Clerk (WIC' Fax (208) 88&4218 PAGE 05 [iGg pATMENT ,Ba o.F11ligo (208) - pUeulC WORKS Bun_DING Dap' R'1StS�l7EN v7 (208) 887.2.11 - PLANNING AND Z0111NG DEPARTMENT (208) 884-5533 • Paz 888.6854 that our comments and recommendations will be considered by the Meridian Planning To insure Y and Zoning Commission, please submit your comments and recommendations to Meridian City Ha ll Attn: Will Berg, City cleric, by: Au ust 1, 2000 pu ust 8, 2000 uly 18, 2000 Hearing Date: Transmittal Date: J File No.: AZ -00-017 Request: Annexation and Zoning of 52.90 acres from RT to R-4 for proposed Brid etower Subdivision By: Primeland Development Co., LLP Location of Property or Project: East of Ten Mlle, North of Ustick Sally Norton, P/Z Meddlan School District Bill Nary, P/Z Meridian Post Office (FP/PP) Thomas Barbeiro, P/Z Ada County Highway District Richard Hatcher, P/Z Community Planning Assoc. Keith Borup, P/Z Central District Health Robert Corrie, Mayor __ Ron Anderson, C/C Nampa Meridian Irrig. District -� Tammy deWeerd, C/C ,�__ Settlers Irrigation Dlsthct Idaho Power Co. (FP/PP) Keith Bird, C/C Cherie McCandless, C/C U.S. West (FP/PP) Water Department IMetmountain Gas (FP/PP) Sewer Department Ada County (Annexation) _Sanitary Service Idaho Transportation De ent Building Department Your Concise Remarks: Fire Department Ponce Department City Attorney City Engineer City Planner Can - 26 PP/FP/PFP - 31 AZ - 27 AUG 10 '00 09:01 2088885052 PAGE.05 May 31, 2001 Primeland Development Company 11 I 1 S Orchard, Suite 155 Boise, ID 83705 385-7310 Fax:385-7373 RECEIVED JUN - 5 2001 CITY OF MERIDIAN City of Meridian Attn: City Council Members 33 East Idaho Meridian, ID 83642 RE: White Drain Sewer Trunk Line- Bridgetower Crossing Dear Council Members, This letter is regarding the White Drain Sewer Trunk Easement proposed within the Bridgetower Crossing project. Comments have been made by members of your staff that Mr. Bews and I have been delaying the design and construction of the White Drain Sewer Trunk. We would like to set the record straight by expressing our desire to grant the easement through our property upon its satisfactory presentation to us. We would like to emphasize our past and current cooperation with your Public Works Department. Mr. Bews initiated and completed the design and construction of the first section of the trunk line through the Ten Mile Mini Storage parcel and north for an additional quarter mile on Ten Mile Road. This was completed by February 2001. We believe we have made effort to facilitate the easement process by providing an electronic copy of the roadway network and lot configuration of our project to your Public Works Department in January. We also provided a legal description of the sewer main location to Mr. Smith on March 3 to facilitate the drafting of the easement document. We again requested verbally on May 15 that the City draft the easement that traverses the Bridgetower Crossing project. On May 31, 2001, approximately 3 weeks after our verbal request of May 15, a written request was sent to your staff. Please see the copy enclosed. To this date we have not received any easement documentation or written correspondence'on this easement. We have no desire to delay the design and construction of the White Drain Trunk. If the Public Works Department will provide the easement document, we will sign it in an expeditious manner. We are also willing to work with Public Works in performing the actual construction of the first half mile of the sewer trunk line, if the City sees this as expeditious to the process. We appreciate your time and attention in this matter and look forward to working with the City of Meridian in providing the White Drain Sewer Trunk easements. Sincerely, ... A - a, .,P, Frank S. Varriale Managing Partner cc. Gary Smith, Public Works Director „.,�,, ...- .,r -...:,.-a ..'�x:+.� ._• x ;�;,• see �.?aR+.+w wu, 3Y..'+�``�+Ye_c°•i#�5+�":°��t+�l � `�+µ�+e.�C'"i4, �, ., 4650 North Linder Rd. Meridian, ID 83642 884-8045 (Home) 373-0425 (Work) June 3, 2001 Meridian City Council RECEIVED 33 East Idaho Street JUN - 5 2001 Meridian, ID 83642 CITY OF MERIDIAN RE: Traffic Concerns related to Proposed Bridgetower Crossing Subdivision Dear Councilmen: We understand that the Meridian City Council will be hearing three items related to the proposed Bridgetower Crossing Subdivision: 1) request for annexation and zoning of 371.42 acres in proposed R-4 and C-6 zones, 2) request for Preliminary Plat Approval of 336 building lots and 58 other lots on 175.91 acres in proposed r-4 and C-6 zones north of Ustick Rd. and East of Ten Mile Rd., and 3) Request for Conditional Use Permit of 692 single-family lots, 59 town homes, 17 office lots, and 10 commercial lots on 370.55 acres in proposed R-4 and C -G zones. We also understand that the item 1 will be heard during the June 2001 City Council meeting. We are worried about the effects that the proposed subdivision will have on the existing road network, on which traffic is already heavy at times. We obtained copies of the Bridgetower Crossing Traffic Study as well as the draft overall traffic study of the six square miles in which major development is occurring in Meridian. On the basis of these public records, we prepared a letter to the Meridian Planning and Zoning Commission documenting our concerns. Below is an excerpt from that letter regarding our traffic -related concerns. It is our hope that the Meridian City Council will consider these concerns as you hear and contemplate the three requests related to the Bridgetower Subdivision. TRAFFIC CONCERNS The Bridgetower Traffic Study assumes area traffic growth not associated with the Bridgetower Crossing Subdivision to be 3-4 percent per year. This is inconsistent with other written records from Meridian City and the Ada County Highway District (ACHD), that indicate this area is a high growth area. Therefore, we request that the Bridgetower traffic study be revised to include growth rates consistent with those used by Meridian City and the ACHD in their planning documents. 2. The Bridgetower Traffic Study includes traffic surveys that were conducted December 21, 22, and 26, 2000. We question whether traffic surveys conducted so near the Christmas holidays are representative of standard traffic volumes. In particular, we are concerned that the Eagle High School may not have been in session when the surveys were conducted. We believe that high school traffic constitutes a significant percentage of daily traffic using the existing road network, particularly during the morning rush period. While the study's conclusion about the current Level of Service (LOS) for the studied intersections may not change, a revised traffic study representative of traffic volumes during normal use may indicate mitigative measures are required earlier in the life of this project. Accordingly, we request new traffic surveys be conducted during periods of normal use and the traffic plans revised as necessary. 3. Based on the Bridgetower and ACHD Studies, the intersections at the corners of the square are operating at LOS "C" or better during the peak evening rush. ACHD has indicated that, barring unique circumstances as found with a shopping center, the evening rush hour is the benchmark used to establish intersection LOS. We suggest that Eagle High School traffic constitute a special circumstance. On March 21 and 22, we observed as many as 22 southbound vehicles lined up at the Linder Road/McNoan Road intersection shortly after Eagle HS let out. The intersection had not cleared before the next group of southbound cars (controlled by the light at Linder Road/Chinden Boulevard) arrived, suggesting the LOS at this time was less than "C." Therefore, we request that the Bridgetower traffic study be required to predict the morning peak LOS for those intersections impacted by both commuter and high school traffic before the conditional use permit is granted. 4. The Bridgetower Traffic Study does not mention the impact the subdivision will have on surrounding intersections. For example, the Linder Road/Chinden Boulevard intersection currently operates at less than LOS C during the morning peak when Eagle High School is in session. The traffic study indicates that up to 200 extra vehicles per hour will use this intersection. The Bridgetower Subdivision Traffic Study should discuss the impacts of the proposed subdivision on the Linder/Chinden intersection and other nearby intersections. 5. We request the Zoning Commission require access to the elementary school be, at least in part, from McMillan Road. As mentioned above, we believe the impact of the subdivision and school on the morning rush period has A*01 501 not been fully evaluated. We are concerned that the Linder Road/Subdivision intersection will not provide an adequate level of service, especially since current plans call for the Linder Road speed limit to remain at 50 miles per hour. The City of Meridian and residents currently living adjacent to the proposed subdivisions (Note the March 14, 2001 ACHD comments did not address the "future plan" associated with the conditional use permit), have expressed a desire for an access road to the subdivision/elementary school be provided from McMillan Road to facilitate traffic flow. 6. The Draft ACHD study anticipates mid -mile or third mile intersections to help carry the traffic loads. The reasons provided by the developer for not constructing access to McMillan Road from the subdivision are inconsistent with the ACHD study and are without merit. Cut through traffic results from overloaded arterials and an easy to use alternate route. A north -south connection through the subdivision could be designed to discourage cut through traffic. The Northview example would not be applicable if the roads through the subdivision were not laid in a straight line. If there were an offset in the roads (and associated intersection controls), cut through traffic would be slowed and therefore discouraged. The current subdivision traffic design places a hardship on the existing residents of Linder, Ustick and Ten -Mile Roads. An additional subdivision access point on McMillan Road is needed. 7. We request that the Bridgetower Subdivision Traffic Study be revised, finalized and certified by a traffic engineer as required by Idaho Code 54- 1215.3. If you have any questions regarding these comments, please contact us at 884- 8045 (H) or 373-0425 (Brian's work #). We thank the City Council for their time. Sincerely, C, J Brian L. Eng ish Margaretha M. English ADA COUNTY HIGHWAY DISTRIC-�T" y Planning and Development Division ' Development Application Report Preliminary Plat — Bridgetower/MPP-00-017Ustick Road/Ten Mile Road 106 buildable lots MAZ 00-017/MCUP-00-043 A preliminary plat has been submitted to the City of Meridian for approval of a 127 -lot residential subdivision. The applicant is also requesting a rezone from RT to R-4, and conditional use approval for a planned unit development. The application has been referred to ACHD by the City of Meridian for review and comment. The 46.2 -acre site is located on the north side of Ustick Road, approximately 1/3 -mile east of Ten Mile Road. This development is estimated to generate 1,060 additional (10 existing) vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. Roads impacted by this development: Ustick Road ACHD Commission Date — August 9, 2000 - 7:00 p.m. Bridgetower.cmm Page I RT re -1 N T 1000 0 RT RT RT R7 RT 1000 2000 Feet 14 loan M-11�000mmo -1 BRIGGS ENGINEERING, INC. 1/2 MILE VICINITY BRIDGETOWER SUBDIVISION REVISION BRIGGS PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R.1W., B.M., (208) 3449700 ADA COUNTY, IDAHO SHEET 1800 W. OVERLAND ROAD 1 OF 1 BOISE. IDAHO 83705 DESIGN DRAFT SCALE DATE DWG. NO. BKB 1" = 1000' 08/28/00 0801 10601.APR 31 10 Feet BLOIfK 7 21 20 20 21 22 23 24 1 25 26 27 28 29 B O 3 37 C====, 19 19 30 14 15 16 31 18 17 17 18 12 13 14 15 16 17 18 19 32 13 16 17 10 9 8 BLOC 4 20 33 12 9 15 14 16 7 5 4 21 34 11 7 10 13 15 v 13 12 6 3 22 35 10 11 12 11 6 12 O 1110 2 1 23 O 1 9K 5 5 13 9 8 -- 9 14 86 8 7 J 2 7 4 15 3 6 5 R1 R-4 O 91A KBBLESTONE STONE BRIGGS ENGINEERING, INC. NEEM BRIGGS .c (208) 344-9700 1800 W. OVERLAND ROAD BOISE. IDAHO 83705 3 3 BLOCK 1 BLOCK 1 2 s 7 —--� W. USTICK ROAD V4 RT 3 2 I PEBBLESTONE C7 w a m F" a R- TUMBLE CREEK VICINITY MAP REVISION BRIDGETOWER SUBDIVISION PORTION OF THE SOUTH 1/2 OF SECTION 35, T.4N., R. IW., B.M., ADA COUNTY, IDAHO SHEET 1 OF 1 DESIGN DRAFT SCALE DATE DWG. NO. BKB 1"= 300 1 06/29/00 1 0601 10601.APR Facts and Findings: A. General Information Owner — Ed Bews Applicant — Becky Bowcutt RT - Existing zoning R-4 - Requested zoning 46.20 - Acres 106 - Proposed building lots 21 - Proposed common lots 6,500 - Total lineal feet of proposed public streets (approximately) 256 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Ustick Road Minor arterial with bike lane designation Traffic count of 5,351 on 5-2-00 Better than C -Existing Level of Service Better than C -Existing plus project build -out Level of Service 670 -feet of frontage 70 -feet existing right-of-way (25 -feet north from centerline) 96 -feet required right-of-way (48 -feet from centerline) Ustick Road is improved with 25 -feet of pavement with no curb, gutter or sidewalk abutting the site. There is sidewalk on the south side of Ustick Road across from the site. B. On July 24, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On July 28, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to construct the main entrance, Towerbridge Way, with a 29 -foot street section and a 36 -foot street section, with a 30 -foot wide center median and located approximately 400 -feet east of Quarrystone Way on the south side of Ustick Road. The applicant will be required to dedicate sufficient right-of-way for the entire width of the entrance. E. The applicant should be required to construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum Bridgetower.cmm Page 2 of 100 -feet of storage with shadow tapers for both the approach and departure directions. w Coordinate the design of the turn lane with District staff. F. The applicant is proposing to construct the main entrances to Pride Crossing Drive with 29-footmx street sections and a 20 -foot wide center median. The applicant will be required to dedicate sufficient right-of-way for the entire width of the entrances. G. The applicant will be required to construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge should be constructed as a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks. H. Towerbridge Way and Pride Crossing Drive should be designated as residential collector streets with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets should be stated on the final plat. District policy requires that these street segments be constructed as 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 1. The applicant should be required to construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. Utility poles should be relocated out of the new right-of-way on Ustick Road, and are the responsibility of the developer. K. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. L. The applicant is proposing to construct the main entrance to Trestle Drive with 29 -foot street sections and a 10 -foot wide center median. The applicant will be required to dedicate sufficient right-of-way for the entire width of the entrance. M. The applicant is proposing to stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because the stub is one -lot in depth. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. N. The applicant is proposing to stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and constricted over the Creason Lateral. District staff supports the location of the stub street. The applicant is not required to provide a paved temporary turnaround at the end of the stub street because there is a public street intersection. The applicant should be required to install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Bridgetower.mun Page 3 O. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. P. The turnarounds should be constructed to provide a minimum turning radius of 45 -feet, as proposed. Q. The applicant is proposing to construct a recreation center on Lot 2, Block 2, and is proposing to construct a 40 -foot wide driveway to access that lot. The driveway should be located as proposed at the east property line of Lot 2, Block 2, and should be constructed 24 to 30 -feet wide. R. Lots 2, 3 and 6 of Block 1, are being rezoned to R-4 to follow Meridian's comprehensive plan. The applicant intends to rezone these lots to light office or commercial in the future (conceptual). The applicant is proposing to locate driveways approximately 140 -feet north of Ustick Road. The driveways should be located as proposed, and constructed 24 to 30 -feet wide. S. Unpaved driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with past action by the District the applicant should be required to pave the driveways their full width and at least 30 -feet into the site beyond the edge of pavement of any public street. T. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: Dedicate 48 -feet of right-of-way from the centerline of Ustick Road abutting the parcel by means of recordation of a final subdivision plat or execution of a warranty deed prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be compensated for all right-of-way dedicated as an addition to existing right- of-way from available impact fee revenues in this benefit zone, if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with Section 15 of ACHD Ordinance #193. 2. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Bridgetower.mun Page 4 ,A_�, __111, nen 3. Construct the main entrance, Towerbridge Way, with a 29 -foot street section and a 36 -foot street section, with a 30 -foot wide center median and located approximately 400 -feet east of Quarrystone Way on the south side of Ustick Road, as proposed. Dedicate sufficient right-of- way for the entire width of the entrance. 4. Construct a center turn lane on Ustick Road for the Ustick Road/Towerbridge Way intersection. The turn lane should be constructed to provide a minimum of 100 -feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. Construct the main entrances to Pride Crossing Drive with 29 -foot street sections and a 20 -foot wide center median. Dedicate sufficient right-of-way for the entire width of the entrances. 6. Towerbridge Way and Pride Crossing Drive shall be designated as residential collector streets with no front -on housing, because the anticipated traffic volumes exceed 1,000 vehicle trips per day. The access restrictions for these streets shall be stated on the final plat. Construct these streets segments as 36 -foot street sections with curb, gutter and 5 -foot wide concrete sidewalks. Unless otherwise noted, parking should be prohibited on these street segments. Coordinate the signage plan with District staff. 7. Construct a bridge on N. Towerbridge Way where the roadway crosses Fivemile Creek. The bridge shall be constructed as a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalks. 8. Construct a 29 -foot wide bridge where N. Towerbridge Way crosses Fivemile Creek with sidewalk on both sides of the bridge. Coordinate the design of the bridge with District staff. 9. Construct a 5 -foot wide concrete sidewalk on Ustick Road abutting the parcel. The sidewalk should be located 2 -feet within the new right-of-way. Coordinate the location and elevation with District staff. 10. If relocation is required, utility poles shall be relocated out of the new right-of-way on Ustick Road, and are the responsibility of the developer. 11. Construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 12. Construct the main entrance to Trestle Drive with 29 -foot street sections and a 10 -foot wide center median as proposed. Dedicate sufficient right-of-way for the entire width of the entrance. 13. Stub Pride Crossing Drive, a residential collector, to the east property line between Lot 3, Block 2 and Lot 2, Block 7. Install a sign at the terniinus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. Bridgetower.cmm Page 5 14. Stub Towerbridge Way, a residential collector, to the north property line between Lot 14, Block 5 and Lot 30, Block 3, and construct over the Creason Lateral. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Coordinate the sign plan for the stub street with District staff. 15. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this should be required on the final plat. 16. Construct the turnarounds to provide a minimum turning radius of 45 -feet, as proposed. 17. Construct a 24 to 30 -foot wide driveway at the east property line of Lot 2, Block 2 to access the proposed recreation center. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Pride Crossing Drive. I8. Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lots 2, and 3, Block 1, future office/commercial sites. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 19. Construct a 24 to 30 -foot wide driveway on Towerbridge Drive, approximately 140 -feet north of Ustick Road to access Lot 6, Block 1, a future office/commercial site. Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of Towerbridge Drive. 20. Direct lot or parcel access to Ustick Road is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. Standard Requirements: t • A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request r shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity The written request shall be submitted to the District no later than 9.00 a m on the day scheduled for ACRD Commission action Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall ecifically identify each requirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its ori final decision. The request Bridgetower.cmm Page 6 r.r for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 6. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized. representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 9. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Bridgetower.mun Page 7 Conclusion of Law: a 1. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted bv: Commission Action: Plannini4 and Development Staff Bridgetower.cmm Page 8 interoffice MEMORANDUM J?BCETV1E]) To: William G. Berg, J. 0 C T - 5 2000 From: Marlene St. Geo CITY OF MERIDIAN Subject: Bridgetower (Bews Development Agreement Resolution/Cert. of Clerk) Date: October 5, 2000 Will: Please find attached an additional original of the Resolution and Certificate of Clerk for the Bews Development Agreement. Originally, the Resolution and Certificate were sent to your office on September 14, 2000. This will now help to complete the Development Agreement matter. Additionally, when the Development Agreements were delivered to your office on September 14, 2000, a Post It notation was placed upon the Young Lands, Ltd. and Chandos Hoaglun agreements, copies of which I have attached hereto. I did have a telephone conversation with your office on September 14, 2000 requesting a Warranty Deed or Quit Claim Deed to show proof of ownership on these two parcels. Since nothing was received before the October 3, 2000 Council meeting, the legals will need to be added to the Lands Young and Hoaglun agreements. If you have any questions pertaining to this matter, please give me a call. msg/ZAWork\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\Berg100500.Mem RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, Resolution Bews (AZ -00-017) - 1 of 2 h HUSBAND AND WIFE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ATTEST: CITY CLERK , 2000. MAYOR msg/Z:\Work\M\Meridian 15360M\BridgeTower AZO 17 CUP043 PPO 17\ResolutionBEWS Resolution Bews (AZ -00-017) - 2 of 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. STATE OF IDAHO, ) ss. County of Ada, ) WILLIAM G. BERG, JR. CITY CLERK On this day of , in the year 2000, before me, , a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z:\Work\M\Meridian 15360M\BridgeTower AZ017 CUP043 PP017\CertC11-Bews Resolution Bews (AZ -00-017) - 2 of 2 '771 SEP 19 '00 07:59 FR CITY OF MERIDIQ'� 20E Q_S4 4259 TO P!JBLIC WORKS WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. lUL1r:KLEIN FtsCHER CHRISTOPHER S, NYF WM. R GICRAY, In PHILIP A. P12TLRSON BRF.Nr 1. IOHNSON ERIC S. ROSSMAN A SAMUBL.IOHNSON TODD A R0.SSM.AN WILLIAM A. MOki:OW DAVID M. SN,Ak'ILQY WILLIAM F. NiCHOLS' TERRENCF R. WHITE" 'Also admiiwd io bK Also adrs. RL -d in WA William G, Berg, Jr. Meridian City Hall 33 E. Idaho Street Meridian, Idaho 53642 ATTORNEYS AT LAW 200 LAST CARLTON AVE., SUITE 31 POST OFFICE DOXI 150 ME W DIAN, IDARO 83680-1150 ICL (208)284-7A99 FAX (208)288.2501 LV14IL(�ARvnnc;.C;ONI September 13, 2000 P.02i0S NAMPA OFFICE 1049THAVE MITH POST OFFICE Box 2A7 NAM PA, rDAHO 83653.0247 Tri.. (2US) 466-9272 FAX (20B)466-4405 PLEASE RLPLY 10 MERIDIAN Orricr Re: BR) DGETOWER SUBDIVISION A7,00-017 / ANNEXATION AND ZONING ORDINANCE (R-4) Dear Will: Please find enclosed the above ordinance for the annexation and zoning for Primeland Development Co., LLP. Please place this ordinance on the City Council agenda. This ordinance should not be passed until the Findings of Fact and Conclusions of Law and Decision and Order Granting Application for Annexation and Zoning are adopted. Additionally, I did not include any of the conditions of development set forth in part 3 of the Decision and Order, due to the fact that it is my opinion that annexation and zoning ordinances should not contain conditions other than a reference to a development agreement if so ordered. A development agreement was requested in this matter so I have fashioned the language in the Decision and Order to address the conditions of within the Development Agreement and that the property is to be developed under the planned unit development process and conditional use permit process. Please supply this letter to the Mayor and Council for their consideration of these Findings and Ordinance. If you have any questions arise, please advise. Very t you Wm. F. Nichols 16- q\7Awork\V(U4eridi�n 15360MU3ridgeTower AZO17 CLT['043 FPO I7\Clerk ou Ord .Ler Wer SEP 19 '00 07:59 PR CITY OF MERIDIAN 20E 894 4259 TO PLIC WORKS P. 03/08 CITY OF MERIDIAN ORDINANCE NO. AN ORDINANCE FINDING THAT CERTAIN LAND TO BE I<.N'OWN AS BRIDGETOWER SUBDIVISION LIES CONTIGUOUS OR ADJACENT TO THE CITY LIMITS OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; AND FINDING THAI- THE. OWNER HAS MADE A REQUEST FOR ANNEXATION IN WRITING TO THE COUNCIL; AND THAT SAID LAND BE ANNEXED TO THE CITY OF MERIDIAN AND ZONING DESIGNATED LOW DENSITY RESIDENTIAL DISTRICT (R-4); AND DECLARING THAT SAID LAND, BY PROPER LEGAL DESCRIPTION AS DESCRIBED BELOW", BE A PART OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS OR PARTS THEREOF IN CONFLICT HEREWITH; AND DIRECTING THE CITY ENGINEER TO ADD SAID PROPERTY TO THE OFFICIAL MAPS OF THE CITY OF MERIDIAN, IDAHO; AND DIRECTING THE CLERK OF THE CITY OF MERIDIAN 'I"O FILE A CERTIFIED COPY OF THE ORDINANCE AND MAP OF THE AREAS TO BE ANNEXED WITH ADA COUNTY RECORDER, AUDITOR, TREASURERAND ASSESSOR, AND THE STATE TAX COMMISSION OF THE STATE OF IDAHO, PURSUANT TO IDAHO CODE SECTION 50-223 AND SECTION 63-2215. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. FINDINGS: That the following described land is contiguous and adjacent to the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation to the City of Meridian, Idaho, by the owner of said Property to -wit: A parcel of land located in the South 1/2 of Section 35, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: ANNEXATION AND ZONING ORDINANCE (AZ -00-017) - 1 SEP 19 '00 06:00 PR CITY 2P MERIDIAN /1 208 884 4259 TO PLIC WORKS P.04i08 Commencing at the southeast corner of the Southwest 1/4 (South 1/4 corner) of Section 35, Township 4 North, Range 1 West, Boise Meridian, the REAL POINT OF BEGINNING of this description; A Thence N 89°15'23" W 688.00 feet along the south line of said Southwest 1/4 to a point; k Thence N 06°03'43" E 431.45 feet to a point on the southerly right-of-way of Fivemile Creek; Along the southerly right-of-way of Fivemile Creek; Thence N 62°08'33" W 431.54 feet to a point; Y." Thence N 81'01'45" W 280.82 feet to a point on the right-of-way of the Creason Lateral; Leaving said Fivemile Creek right-of-way, and along the right-of-way of the Creason Lateral; Thence N 00'40'14" E 590.43 feet to a point; / Thence N 45°43'33" E 72.70 feet to a point; L f Thence S 89'13'09" E 989.10 feet to a point; Leaving said right-of-way; Thence N 10°50'08" W 30.61 feet to a point; Thence S 89°13'05" E 52.47 feet to a point on a curve; Thence along a curve to the left 20.69 feet, said curve having a radius of 20.00 feet, a delta angle of 59'15'59", tangents of 11.38 feet, and a long chord bearing S 62°22'01" E 19.78 feet to a point of tangency; L� Thence N 88°00'00" E 16.57 feet to a point; ` Thence N 00°26'55" E 237.2.8 feet to a point- ! Thence S 89°13'05" E 276.33 feet to a point; ANTNEXAT70N AND ZONING ORDINANCE JAZ -00-017) - 2 ki SEP 19 '00 08 00 FR CITY OP MERIDIAN ^. ,_Thence S 39°22'16" E 282.38 feet to a point; 22S SB4 4259 TO LIC LdORKS P.05i08 Thence S 00026'55" W 21.92 feet to a point; Z 5' Thence S 26024'21" E 65.90 feet to a point; LG Thence S 50'25'12" E 784.17 feet to a point; T) C /, ,Thence S 25017'47" W 204.78 feet to a point; -� Thence S 35°00'00" W 140.55 feet to a point;`- ,� Thence S 29°00'00" W 173.61 feet to a point; �- ,( Thence S 37000'00" W 100.84 feet to a point; L �C) Thence N 53°00'00" W 102.00 feet to a point; L N � Thence S 37'00'00" W 50.00 feet to a point; Thence S 53000'00" E 110.00 feet to a point; Thence S 31°00'00" E 154.95 feet to a point on the northerly right-of-way of Fivemile Creek; ` , - Thence S 00045'38" W 65.00 feet to a point on the south line of the Southeast 1/4 of said ` Section 35; Thence N 89014122" W 660.60 feet along said south line to the REAL POINT OF BEGINNING of this description, said parcel comprising 52.90 acres, more or less. SECTION 2: That the above-described real property be, and the same is hereby annexed and made a part of the City of Meridian, Ada County, Idaho. ANNEXATION AND ZONING ORDINANCE (AZ -00-017) — 3 SEP 19 '00 08:00 FR CITY OF MERIDIAN 208 BB4 4259 TO PUBLIC WORKS P.06/OB SECTION 3: That the real property herein by this ordinance annexed to the City of Meridian hereinabove described shall be zoned Low Density Residential District SECTION 4: That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, comprehensive plan and all official maps depicting the boundaries of the City of Meridian in accordance with this ordinance. SECTION S: The zoning designation set forth in Section 3 of this ordinance is subject to the terms and conditions of that certain Development Agreement by and between the City of Meridian and the owner of the land described in Section I dated the day of , 2000, and that the uses are to be developed under the planned unit development process and conditional use permit process. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8: The Clerk of the City of Meridian shall, within ten (1.0) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner plainly and clearly designating the boundaries of the City of Meridian, including the lands herein annexed, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and ANNEXAT-TON A\TD ZONING ORDINANCE (AZ -00-017) - 4 SEP 19 '00 08:00 FR CITY OF MERIDIAN 208 884 4259 TO PLIC FORKS P.07i08 shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho, all in compliance with Idaho Code §63-2215 and §50- 223. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. ATTEST: CITY CLERIC- STATE LERIC STATE OF IDAHO,) : ss. Countv of Ada. ) MAYOR On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, 7R., known to me to be the Mayor and City Clerk of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NOTARY PUBLIC FOR IDAHO RESIDING AT: MY COMMISSION EXPIRES. msg\Z:M/ork\.'\4\,,Mcr4an 15360R4\3ridgeTornacr AZ017 CU11043 PP017\AZ-Ord ANNEXATION AND ZONING ORDINANCE (AZ -00-017) - S SEP 19 100 JBGJ FR CITY O. MEPIDIPN 20S SE4 4259 TO PIC WORKS P.08/0E CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN To: The Recorder, Auditor, Treasurer and Assessor of Ada County, and The State Tax Commission of the State of Idaho I, WILLIAM G. BERG, JR., City Clerk, of the Citv of Meridian, Ada County, State of Idaho, do hereby certify that the attached copy of Ordinance No. , passed by the City Council of the City of Meridian, on the day of , 2000, is a true and correct copy of the original of said document which is in the care, custody and control of the City Clerk of the City of Meridian. STA'T'E OF IDAHO, ss. County of Ada, WILLLA,M1 G. BERG, JR. On this day of , in the year 2000, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ msg\7AWork\M\Mcridian 15360M\BridgeTowcr AL017 CUP043 PP017\Cerufiea[Ion0FC1erk0rd CERTIFICATION OF THE CITY CLERK OF THE CITY OF MERIDIAN AZ -00-017 ** TOTAL PAGE.0e ** RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, HUSBAND AND WIFE, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and PRIMELAND DEVELOPMENT CO., LLP, PARTNER: VARRIALE CONSTRUCTION, INC., AND E.L. BEWS AND SHIRLEY G. BEWS, Resolution Bews (AZ -00-017) - 1 of 2 HUSBAND AND WIFE, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of '2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. MAYOR ATTEST: CITY CLERK msg/Z:\Work\M\Meridian 15360KBridgeTower AZO 17 CUP043 PPO 17\ResolutionBEWS Resolution Bews (AZ -00-017) - 2 of 2 a' mm=z A n a An c U T R m � i E�u�iayn ENmA_'� co.c�a E a w a E> m U 0 0❑ C O to V m 8 i. C .a ❑ a" Y :Eo ���LL v E Q O ami c d m m��= a ,- m.� E 9 n E C L O c0 fn y m iEm'x E u CD O 0 LL -81 c e=_ U wLL m m a'mE'rnmc o m y m E >r `o0q aD v Q O m m m. u y 0 c o E 55X}g5Q???{ o m cc OL ❑ti CWLN c� m ID W 0cc�• ¢ LL n t0 n pOH77— �• �• U rt7 m m 3 M M M M M M M M M M dE o c m u C o co �m5,3 - E a> > a o c O � � � L ;R ;R 'O � ~ � � � •O o ° a a mc` s Z m0 Cr, J O-0NC C a C U DD O-Q`�°52-EC-0 � a m c�� m �n$ E m m L t4 m H m O m L O (Y1 L O m O m L O m L L L f k L` E > m m N C> f E m¢° c 0 m �_ 052�,10a mm c L o :mmF m _�- m=� a ; mm.y ci m6° mL u 5 E c c Ln ~ 3 'Q. 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E `p LL U) CL NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:00 p.m. on August 8, 2000, for the purpose of reviewing and considering the applications of: Barghausen Consulting Engineers for a Conditional Use Permit to construct a Fred Meyer Gas Station Facility with a canopy, five multi -product dispensers, cashiers kiosk and parking lot improvements currently in a C -G zone generally located at Fairview Avenue and Locust Grove. Greenstar Foods and TFCM Associates for a conditional use permit to construct a Carls Jr. with a drive-thru window currently in a I -L zone generally located at Pad P-3 at the Meridian Crossroads Center. Developers Diversified / Dakota Company for a Preliminary Plat and a Final Plat of three building lots on 10.99 acres currently in a I -L zone generally located at the southeast corner of Presidential Dr. and Eagle Road at the Meridian Crossroads Center. Primeland Development Co., LLP for Annexation And Zoning of 52.9 acres from RT to R-4 for proposed Bridgetower Subdivision; furthermore, the applicant also requests Preliminary Plat approval of 106 building lots and 21 other lots on 46.20 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 106 buildable lots , 1 park lot, 1 H.O.A recreation center and 19 common lots generally located at East of Ten Mile, North of Ustick for proposed Bridgetower Subdivision. Rod and Sheri Eisele for a Conditional Use Permit to construct Eagle Concrete Pumping in a Flood Plain Overlay District currently in an I -L zone generally located in the Meridian Business Park. PUBLISH July 21, 2000 and August 4, 2000 NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the Planning and Zoning Commission of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho at the hour of 7:00 p.m. on August 8, 2000 for the purpose of reviewing and considering the application of Primeland Development Co., LLP for Annexation And Zoning of 52.9 acres from RT to R-4 for proposed Bridgetower Subdivision; Furthermore, the applicant also requests Preliminary Plat approval of 106 building lots and 21 other lots on 46.20 acres in a proposed R-4 zone and a Conditional Use Permit to construct a planned unit development consisting of 106 buildable lots, 1 park lot, 1 H.O.A recreation center and 19 common lots generally located at East of Ten Mile, North of Ustick for proposed Bridgetower Subdivision. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 13th day of July, 2000 WILLI,A, MtG6j,ERG, JR.XIV CLERK PUBLISH July 21, 2000 and August 4, 2000 = SEAL