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Honor Park Subdivision CUP 00-019GIVE S SLEY LLP LAW OFFICES Gary G. Allen David R. Lombardi Angela K. Nelson ' 277 North 6th Street, Suite 200 Christopher J. Beeson D. David Lorello, Jr. Riordan W. Hugh O PO Box 2720, Boise, Idaho 83701 Michael C. Creamer Kevin T. Maloney Kenneth L. Pursley TELEPHONE: 208 388-1200 Emily MacMaster Durkee` Kimberly D. Maloney Brad V. Sneed FACSIMILE: 208 388.1300 Thomas E. Dvorak John M. Marshall Conley E. Ward WEBSITE: www.givenspursley.com Roy Lewis Eiguren Kenneth R. McClure Robert B. White Timothy P. Feamside Kelly Greene McConnell Jeffrey C. Fereday Cynthia A. Melillo Amanda L. Keating Christopher H. Meyer Raymond D. Givens Karl T. Klein Kendall L. Miller James A. McClure Timothy P. Feamside Debora K. Kristensen L. Edward Miller Stephanie C. Westermeier Direct Dial: (208) 388-1289 Anne C. Kunkel Patrick J. Miller OF CAUNSEL E-Mail: tpf~givenspursley.com Franklin G. Lee Judson B. Montgomery ~~°"°e°'"c°'"°`"~°°"y March 27, 2002 Mr. William F. Nichols White Peterson 830 East 1St Street, Suite 200 Meridian, ID 83680-1150 Re: Honor Park Subdivision /Howell-Murdoch # 2 Our File: 6172-1 Dear Mr. Nichols: Thank you for your letter dated March 14, 2002. In your letter, you requested information regarding Hon Investment Company's ("Hon") compliance with the City of Meridian's requirements regarding underground piping for all ditches located in Honor Park Subdivision, as well as proof that Hon has made arrangements with Nampa & Meridian Irrigation District ("Nampa-Meridian") for approval of plans to the the existing ditches. This letter is in response to those specific requests. Background. As you know, Hon is presently engaged in a dispute with Howell-Murdoch Subdivision No. 2 ("Howell-Murdoch") regarding certain repairs needed to contain the overflow discharge from Howell-Murdoch's Pressurized Underground Irrigation System ("PUTS"). Last summer, it was discovered that overflow from Howell-Murdoch's PUTS was discharging directly onto certain parcels located in Honor Park No. 3, causing those parcels to flood. After attempting to resolve the dispute on an informal basis, Hon ultimately made written demand upon Howell-Murdoch to assume financial responsibility for the repairs needed to remedy the discharge problem. Said demand was contained in a letter from this office, dated ~'~, Mr. William F. Nichols March 28, 2002 Page 2 January 29, 2002, a copy of which was previously provided to you by Howell-Murdoch's attorney. In the letter, Hon expressly informed Howell-Murdoch that Hon had made arrangements with its engineer to design plans to remedy the discharge problem, and that the plans had already been approved by Nampa-Meridian. In addition, the letter expressly advised Howell-Murdoch that, in the event the matter could not be resolved between the parties, Hon would complete the necessary repairs and seek reimbursement from Howell- Murdoch for its out-of-pocket costs. Despite being advised as to Hon's plans to remedy the problem, Howell-Murdoch elected to publicize the parties' differences by forwarding copies of its lengthy response letter to Nampa-Meridian's counsel, Bruce Freckleton, and your office. In their response letter, Howell-Murdoch contends that it is entitled to discharge its PUTS overflow onto the Hon property, on the alleged bases that (1) there is an existing drainage ditch on the Hon .property that historically provided drainage to the Howell-Murdoch property, and (2) that the City of Meridian required Hon to the all existing drainage ditches located on its property as a condition to subdivision approval. For the reasons set forth more particularly herein, Hon disputes both allegations. Hon Disputes Howell-Murdoch's Right to Discharge PUIS Overflow onto its Property. As stated, Howell-Murdoch bases its contention on the fact that there are remnants of what appears to once have been a ditch running from the southeast portion of .Honor Park No. 3 to the northwest portion of the property at Franklin Road. The ditch is not a recognized lateral or drain on Nampa-Meridian's maps; rather, was likely either a private lateral or field drain that once served farms at the southwest corner of Franklin Road and Stratford Drive, the northwest corner of what is now the State Highway Patrol facility, and, possibly, the extreme southern end of old Stratford Road. The ditch is clearly visible on an aerial photograph of the area taken in April of 1964. (Copy attached as Exhibit "1 "). By 1994, however, the "ditch" was barely visible, as evidenced by Exhibit "2," which is an aerial photograph of the same area taken in April of 1994. It is evident from this photograph that any water that may have once passed through the ditch, upstream of the Howell-Murdoch and Hon properties, no longer reached the ditch. Presumably, this was the result of underground piping or other improvements undertaken in connection with the construction of the State Highway Patrol facility. Please notice that in the 1994 photograph, the ditch dead-ends squarely into the southern border of the State facility, and is no longer visible on the Howell-Murdoch property, immediately to the North of the facility. I recently spoke with Larry Gilmore, the Nampa-Meridian rider for the district, who informed me that he never knew of the existence of the ditch, nor saw any water running through the ditch during the entire seven years he has been servicing the area. Mr. Gilmore's statement is consistent with our client's assertion that whatever purpose the ditch may have once served has long since been abandoned. In fact, our investigation suggests that the ditch may have been abandoned as far back as the mid to late 1980's, if not earlier. Accordingly, we disagree with Howell-Murdoch's contention that it has a valid easement over the Hon property for drainage purposes. Mr. William F. Nichols March 28, 2002 Page 3 Regardless, even if it was somehow determined that Howell-Murdoch had a prescriptive easement over the Hon property for drainage purposes, such easement would be insufficient in scope to allow it to discharge the sheer volume of water supplied to its PUIS-let alone at the rates the system is capable of discharging at full capacity. In Idaho, a prescriptive easement is limited to the historical rate of use, and may not be enlarged by the dominant landowner to the injury of servient land. Merrill v. Penrod, 109 Idaho 46, 704 P.2d 950 (Ct. App. 1985). In Merrill, the Idaho Court of Appeals expressly held that a dominant landowner could not increase the burden to the servient landowner by accumulating surface waters with man-made structures and discharging those accumulated waters through an artificial channel, onto the lower lands. Id., at 53-54. In the present case, it is inconceivable that any historical use of the ditch that once ran through the Hon property was at a level sufficient to support Howell-Murdoch's PUTS overflow. A simple visual inspection of the Hon property by Howell-Murdoch's engineers would clearly have revealed as much. Accordingly, Howell-Murdoch should have been required to make appropriate accommodations for its anticipated overflow, rather than to simply dump it onto neighboring property that clearly lacked adequate means to convey it. Hon Complied With Requirements For Subdivision Approval. Hon also disputes Howell-Murdoch's contention that it failed to comply with the City's requirements regarding subdivision approval. Regarding this issue, please note that the final construction plans for Honor Park No. 3-which were approved by the City of Meridian- clearly show Hon's intention to fill the ditch in question. Please further note that (a) the final recorded plat does not show the "existing drainage ditch," and (b) Hon's approved plans did not contain provisions for underground piping. Given the foregoing, it is clear that Hon did not fail to comply with the City's requirements for subdivision approval. Further, it can be inferred from the foregoing that Hon's plans were approved because the "ditch" that Howell-Murdoch now contends it has a right to discharge into had obviously been abandoned when Hon's plans were being reviewed. Hon Has Undertaken the Necessary Repairs. Although Hon disputes Howell-Murdoch's contentions, it has nonetheless undertaken to remedy the problem created by Howell-Murdoch's overflow discharge. Attached hereto as Exhibit "3" is a copy of a letter of approval of Hon's designs for construction from Nampa-Meridian. I am informed that construction is nearly completed on the west side of Stratford Road, and that the project should be final in approximately two weeks. Once the repairs have been completed, there will be no need for further involvement by the City with respect to these issues. While Hon will likely pursue any rights it might have against Howell-Murdoch, such can, and should, be handled as a private-party dispute. ''~, Mr. William F. Nichols March 28, 2002 Page 4 Conclusion. r1, Again, we regret that Howell-Murdoch elected to involve the City in this dispute. While Hon takes issue with Howell-Murdoch's conclusions, it nonetheless has elected to undertake the necessary repairs, and will resolve any remaining issues directly with Howell- Murdoch. If you have any questions regarding these issues, or, if you need any additional information from us, please do not hesitate to contact either Judd Montgomery or myself in Boise at (208) 388-1200. TPF/smh Enclosures cc: William A. Hon (w/out enclosures) Mike Ballantyne (w/out enclosures) Judson B. Montgomery (w/out enclosures) James W. Kiser Mayor Robert D. Corrie Meridian City Council Gary Smith, Public Works Shari Stiles, Planning & Zoning William G. Berg, Jr., City Clerk Bruce Freckleton, Meridian City Engineer Lauri Burri, Attorney for Nampa & Meridian Irrigation District S:\Data\Clients\61 7 2-112 00 2-0 3-2 7 Letter to Bilt Nichols.doc E; ^ = _ .. ~, ,,t ~_. ~ __ _ LL - -- _ _ _ f - - _ _ ~_ ~_ ` : '~ - _ -_ E ~ , - -- - _ ~ ~ _ _ -- ~ .e~. ..y - - Subject °~ { - - _ =_ ~ _ 3 :~ - _~ -~ - - .~ _ . iisi.• i - _ - ~ ~ k _ i~ - ~ - ~ - ~ ~~ :- AE~~L I~~~~I~1, 1N~. P. ®. ~~X 4486th -~ ~~IS~, ~~~~~ 8871 (2®8) 37~-5~ 71 DATE OF PHOTOGRAPHY APPROXIMATE SCALE ~"' O ~ LOeaTio~ MEi~i,%~ -- ~.~~ l 1i!3 ~a~T ~ i Es=c? S~UiH (*it~r~iPrl; il7~~it~ ~;3~53 •~39= ~3ris€~~ ~n~ira~erin~, it=c~. l ~ ~~ ~f~. ? arse. ~td. ~s~issv, ~ 3 X45 W; ,.~i?C)r ~~rk / =re~`'r:~ ~:r ~~~91~~ ~ttit~fl gar Stan: Phc,^,es: ~„~ C~ce 2Ga S~'CP' Ncrosav 3~~-G~SO? 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T~° ;; ~~ f~$i ~~3t=:e~ ~i ~~:=.l~~i=~:i ~ . ~;1.:lr~.•'.._ ,~'-E~~.S~ ~~~ ~f~~ ~~ ;1~r'Tt~Gt Ti'-~. liiL4r~y, .~~r~:~ P, 4.n~er~~?Ti, °ater .~~~~~~:'Fr~tende.t .; ~1~E Ride 4 - i . ~3il~n~~re ~t~ ~f Meridian ~~si~~. ~~ e7t8 X571 ~ ~sts;,~r~ ~as~~~ ~ ~ 1 ~ ~i ~l;~°t. i's0. ~? `G:12 a FhOnB ~~n ;# ., ~";' 3d' ~ ~aX ~ APPRU%IA4=,TE IkRIC~ABLS nCRE H~J=K -LC,W SIGHTS ~ 23,"au~C BC%15~ r"R{]?ems R vhtTS • dG,~{v ,iT~?! m r ^, ~cErvEi~ - M~v ~ s ~aaa wJ~~~~ ~~ I~.~~?~.~~~i.I~I BEFORE THE MERIDIAN CITY COUNCIL :~=~~1~11®III+IG ~ BolV'TNG 05-10-00 IN THE MATTER OF THE REQUEST FOR CONDITIONAL USE PERMIT FOR A PLANNED- UNIT DEVELOPMENT FOR THE CONTINUED USE OF THE PROPERTY (2 BUILDINGS ON A SINGLE LOT IN HONOR PARK SUBDIVISION NO. 2) AS OFFICE/WAREHOUSE IN A C-G ZONE LOCATED AT 35 7 E. WATERTOWER LANE, MERIDIAN, IDAHO JEFF HON/MII~E HON, APPLICANT. Case No. CUP-00-019 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT The above entitled conditional use permit application having come before the City Council on May 2, 2000, at the hour of 7:30 p.m., at Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, and Gary Smith, Public Worlcs Director, and Shari Stiles, Planning and Zoning Administrator, appeared and testified, and no one appeared in opposition, and the City Council having duly considered the evidence and the record in this matter and the Recommendations to City Council issued by the Planning and Zoning Commission who conducted a public hearing and the Council having heard and taken oral FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 1 ,''~ and written testimony, and having duly considered the matter, the City Council hereby makes the following Findings of Fact, Conclusions of Law and Decision and Order to-~vit: FINDINGS OF FACT 1. A notice of a public hearing on the conditional use permit was published for two (2) consecutive weeks prior to the said public hearing scheduled for May 2, 2000, before the City Council, the first publication appearing and written notice having been mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property under consideration more than fifteen (15) days prior to said hearing and with the notice of public hearing having been posted upon the property under consideration more than one week before said hearing and the copies of all notices were made available to newspaper, radio and television stations as public service announcements; and the matter having been duly considered by the City Council at the May 2, 2000, public hearing; and the applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian, having been given full opportunity to express comments and submit evidence. 2. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 2 3. This proposed development request is in an (C-G), General Retail and Service Commercial District, by reason of the provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City Council on this application. 4. The property is located at 357 E. Watertower Lane, Meridian, Idaho. 5. The owner of record of the subject property is Jeff and Milce Hon of Meridian. 6. Applicant is Owner of Record. 7. The subject property is currently zoned C-G. The zoning district of C-G is defined within the City of Meridian Zoning and Development Ordinance, Section 11-7-2. 8. The proposed application requests a conditional use permit for continued use of the property (2 buildings on a single lot) as Office/Warehouse. The C-G zoning designation within the City of Meridian Zoning and Development Ordinance requires a conditional use permit be obtained for most uses including those requested by the Applicant. (Meridian City Zoning and Development Ordinance, Section 11-8-1). 9. The Meridian Planning and Zoning Commission recognizes that the proposed application is in compliance with the Meridian Comprehensive Plan. 10. The use proposed within the subject application will in fact, constitute a conditional use as determined by City Ordinance. 11. The Meridian City Council takes judicial notice of its Zoning, FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 3 .-~~ Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance establishing the Impact Area Boundary. 12. Giving due consideration to the comment received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction public facilities and services required by the proposed development will not impose expense upon the public if the following conditions of development are imposed and the following is also found to be required to mitigate the effects of the proposed use and development upon services delivered by political subdivisions providing services to the subject real property within the planning jurisdiction of the City of Meridian: Adopt the Recommendations of the Planning and Zoning and Engineering departments as follows: 12.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 12.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 12.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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. 12.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 4 ~'~, ~ 12.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 12.6 Applicant shall have determined the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 12.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 12.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 12.9 Sanitary sewer and water service to this site is planned and shall be provided by extending service lines to the proposed building site. 12.10 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment shortfall is determined after adequate historical usage. 12.11 Applicant shall add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Applicant meets the landscape locations and they shall be required as part of the approved site plan. 12.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant shall use the Eight Mile Lateral and its associated easement to help fulfill the ordinance requirement only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance and shall show such on the plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - S 12.13 The Fire Marshall and Building Official shall provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 12.14 One (1) three-inch (3") caliper tree shall be required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet A1) cites a total of 26,404 s.f. of asphalt area, and shall require 18 trees. 12.15 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning Sz Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 12.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 12.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls shall be required. A total of 44 are shown, which does meet the minimum requirement. 12.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. Additional Recommendations and/or comments from Meridian Fire Department, Ada County Highway District, Nampa & Meridian Irrigation Distric t and Sanitary Services, Inc. are as follows: 12.19 Fire Chief, Denny Bowers, requires that all codes, hydrant placements and fire sprinkler systems shall be approved by the Meridian Fire Department. 12.20 The ACRD shall require that all future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 6 n 12.21 The Nampa and Meridian Irrigation District shall require that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa Sz Meridian Irrigation District shall review drainage plans. Developer shall comply with Idaho Code § 31-3805. 13. The proposed uses within the subject application will be harmonious with and in accordance with the Meridian Comprehensive Plan and the City of Meridian Zoning and Development Ordinance because: 13.1 The subject property is designated on the "Generalized Land Use Map" as "Commercial". 14. The uses proposed within the subject application subject to the conditions herein ordered will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance or intended character of the general vicinity and that such uses will not change the intended essential character of the same area. 15. The uses proposed within the subject application will not be hazardous or disturbing to existing or future neighboring uses. 16. The uses proposed within the subject application will be served adequately by central public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, and sewer. 17. The uses proposed within the subject application will not involve uses, activities, processes, materials, equipment and conditions of operation that will be FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 7 i"~ detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 18. The development will not result in the destruction, loss or damage of natural or scenic feature of major importance relating to the property. CONCLUSIONS OF LAW The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council may exercise all the powers required and authorized under the "Act" except the power to adopt ordinances by the establishment of a Planning and Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City Council of the City of Meridian has established by the passage of the "City of Meridian Zoning and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code. 3. As part of a zoning ordinance the City Council can, subject to hearing and notice provision required, provide for the process of special and/or conditional use permits which a proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions under the specific provisions of the ordinance which the City of l~leridian has done in the adoption of its zoning ordinances. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 8 4. The City Council has the duty and responsibility to review the facts and circumstances of each application for special use permit to determine prior to granting the same that the evidential showing supports the finding that the following standards are met and that the proposed development: (Meridian City Code § 11-17-3 ) a. Will, in fact, constitute a conditional use as determined by City policy; b. Will be harmonious with and in accordance with the Comprehensive Plan and this Ordinance; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; d. Will not be hazardous or disturbing to existing or future neighboring uses; e. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; f. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; g. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; h feature of major importance. 5. Prior to granting a conditional use permit in a General Retail and Service Commercial District (C-G), a public hearing shall be conducted with notice to be published and provided to property owners or purchasers of record within three Will not result in the destruction, loss or damage of a natural or scenic FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 9 ~. hundred feet (300') of the external boundaries of the land under consideration for the conditional use permit all in accordance with the provisions of Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which provides as follows: "Prior to approving a Conditional Use Permit, the applicant and the Commission and Council shall follow notice and hearing procedures provided in Chapter 15 of this Title. Provided, however, that conditional use applications for land in Old Town and in industrial and commercial districts shall only be required to have one public hearing which shall be held before the Planning and Zoning Commission; and after the recommendation of the Commission is made, the application shall go before the City Council without a public hearing and the Council may approve, deny, or modify the recommendation of the Commission." 6. Following the public hearing and within 45 days after the conclusion of the public hearing the Commission shall, transmit its recommendations to the Meridian City Council with supportive reasons. The Commission shall recommend that the application be approved, approved with conditions or denied. The Commission shall ensure that any approval or approval with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code § 11-17-6) 7. When the City Council approves a conditional use permit it may impose conditions of that approval that reasonably: A. Minimize adverse impact on other development; FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 10 B. Control the sequence and timing of development; C. Control the duration of development; D. Assure that the development is maintained property; E. Designate the exact location and nature of the development; F. Require the provision for on-site public facilities or services; and G. Require more restrictive standards than those generally required, in this Ordinance. 8. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 21, 1993, Ord. 629, January 4, 1994 and Maps. DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does Order that: 1. That the above named applicant is granted a conditional use permit for a planned-unit development for the continued use of the property (2 buildings on a single lot in Honor Parlc Subdivision No. 2) as office/warehouse, subject to the following conditions of use and development: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 11 s-~ „^ 1.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 1.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance with Americans with Disabilities Act (ADA) requirements. 1.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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. 1.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 1.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 1.6 .Applicant shall have determined the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. 1.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 1.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 1.9 Sanitary sewer and water service to this site is planned and shall be provided by extending service lines to the proposed building site. 1.10 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 12 ~. City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 1.11 Applicant shall add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Applicant meets the landscape locations and they shall be required as part of the approved site plan. 1.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant shall use the Eight Mile Lateral and its associated easement to help fulfill the ordinance requirement only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance and shall show such on the plan. 1.13 The Fire Marshall and Building Official shall provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 1.14 One (1) three-inch (3") caliper tree shall be required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on the Site/Landscape Plan (Sheet Al) cites a total of 26,404 s.f. of asphalt area, and shall require 18 trees. 1.15 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning SL Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 1.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 1.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls shall be required. A total of 44 are shown, which does meet the minimum requirement. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 13 ~ ~ 1.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. 1.19 Fire Chief, Kenny Bowers, requires that all codes, hydrant placements and fire sprinkler systems shall be approved by the Meridian Fire Department. 1.20 The ACRD shall require that all future design plans alnd construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements. 1.21 The Nampa and Meridian Irrigation District shall require that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District shall review drainage plans. Developer shall comply with Idaho Code § 31-3805. 2. The conditions shall be reviewable by the Council pursuant to Meridian City Code § 11-17-9. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. That the City Attorney draft an Order Granting Conditional Use Permit in accordance with this Decision, which shall be signed by the Mayor and City Clerlc and then a copy served by the Clerlc upon the applicant, the Planning and Zoning Department, the Public Worlcs Department and any affected party requesting notice. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 14 ~ ~ NOTICE OF FINAL ACTION Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. By action of the City Council at its regular meeting held on the ~~ day of ~2-~~ , 2000. ROLL CALL: COUNCILMAN RON ANDERSON VOTED 'x- COUNCILPERSON KEITH BIRD VOTED ~ '°~-- COUNCILMAN TAMMY deWEERD VOTED_~~~``- COUNCILMAN CHERIE McCANDLESS VOTED ~ ~- MAYOR ROBERT D. CORRIE (TIE BREAKER) VOTED DATED: j -~ b - (~ C~ MOTION: APPROVED DISAPPROVED: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 15 Copy served upon Applicant, Planning and Zoning Department, Public Worlcs Department and the City Attorney. S`,`,,~f--litfTftrlrrr/,ji Ci y Clerlc „~`~ G~ `~,~'~ TFa ' ~~ ~~., msg/Z:\Work\M\Meridian 15360M\Hon CUP\CUPFinr~ings. ~ ,-~ <~ Y " ~ ~~ 1~J >, ~ ,~ ,d,~,~l'~Stldill f QKt,t``\`~~ FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE / (CUP-00-019) - 16 BEFORE THE MERIDIAN CITY COUNCIL 05-10-00 IN THE MATTER OF THE APPLICATION OF JEFF HON/MII~E HON, FOR A CONDITIONAL USE PERMIT FOR A PLANNED-UNIT DEVELOPMENT FOR THE CONTINUED USE OF THE PROPERTY (2 BUILDINGS ON A SINGLE LOT IN HONOR PARK SUBDIVISION NO. 2) AS OFFICE/ WAREHOUSE IN A C-G ZONE LOCATED AT 35 7 E. WATERTOWER LANE, MERIDLAN, IDAHO CASE NO. CUP-00-019 ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT This matter coming before the City Council on the 16th day of May, 2000, under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit application and the Council having received and approving the Recommendation of the Planning and Zoning Commission the Council takes the following action: 1. That the Applicant of the property is granted a conditional use permit for the proposed application request of a conditional use permit for the construction, development, maintenance and use for ahigh-tech manufacturing facility, as described in the SITE/LANDSCAPE PLAN, Dated: 2/21/00, DRAWN BY: GKS, CHECKED: HJC, JOB NO. CDS-231-00, SHEET Al, HONOR PARK WAREHOUSE LOT 3 BLl< 1 HONOR PARK SUBDIV. #2, DESIGN STUDIO - ARCHITECT-PLANNER, and HON CONTRACTORS GEN./COM. CONSTRUCTION MIKE HON JEFF HON, Developers, and, for the development of the aforementioned planned-unit development for the continued use ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 1 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 of the property (2 buildings on a single lot in Honor Parlc Subdivision No. 2) as office/warehouse and which property is described as: Lot 3 in Block 1 of Honor Park Subdivision No. 2, according to the plat thereof filed in Boolc 68 of Plats at pages 6959 and 6960, records of Ada County, Idaho. 2. That the above named applicant is granted a conditional use permit for a planned-unit development for the continued use of the property (2 buildings on a single lot in Honor Parlc Subdivision No. 2) as office/warehouse, located at 357 E. Watertower Lane, Meridian, Idaho, subject to the following conditions of use and development: 2.1 Off-street parking shall be provided in accordance with Section 11-13-4 of the City of Meridian Zoning and Development Ordinance and/or as detailed in site-specific requirements. 2.2 Paving and striping shall be in accordance with the standards set forth in Sections 11-13-4 of the City of Meridian Zoning and Development Ordinance and in accordance tivith Americans with Disabilities Act (ADA) requirements. 2.3 A drainage plan designed by a State of Idaho licensed architect or engineer shall be 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. 2.4 Outside lighting shall be designed and placed so as to not direct illumination on any nearby residential areas and in accordance with City Ordinance Section 11-13-4C. 2.5 All signage shall be in accordance with the standards set forth in Section 11-14-1 of the City of Meridian Zoning and Development Ordinance. 2.6 Applicant shall have determined the seasonal high groundwater elevation, and submit a profile of the subsurface soil conditions as prepared by a soils scientist with the design of site drainage plan. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 2 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 .~-~ 2.7 Provide sidewalks in accordance with City Ordinance Section 12-5-2. 2.8 All construction shall conform to the requirements of the Americans with Disabilities Act. 2.9 Sanitary sewer and water service to this site is planned and shall be provided by extending service lines to the proposed building site. 2.10 Assessment fees for water and sewer service are determined during the building plan review process. Applicant shall be required to enter into a Re-Assessment Agreement with the City of Meridian for all commercial uses. An assessment agreement is a vehicle that protects the City of Meridian and the Developer in the event that estimated assessments are not in line with actual usages. The agreement provides for reimbursement to the developer for over payment of assessments and payment to the City of Meridian of any shortfall in assessments. The overpayment/shortfall is determined after adequate historical usage. 2.11 Applicant shall add two (2) new planters in the parking lot between Existing Building "A" and Proposed Building "B" and a landscape strip on the east and west sides of the new building. Applicant meets the landscape locations and they shall be required as part of the approved site plan. 2.12 As a PD, a minimum of 10% of the gross land area must be open space. The Applicant shall use the Eight Mile Lateral and its associated easement to help fulfill the ordinance requirement only if no fencing is erected between the easement and the project site to maintain the open feel. The Applicant shall calculate the total landscape area as a percentage of the total site area to demonstrate compliance and shall show such on the plan. 2.13 The Fire Marshall and Building Official shall provide written confirmation that the 0' rear setback on the south property line is approved and meets all Uniform Building and Uniform Fire Codes. 2.14 One (1) three-inch (3") caliper tree shall be required per 1,500 sq. ft. of asphalt on the site as per City Ordinance. The "Project Data" box on ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 3 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 ~''~ ~~'1 the Site/Landscape Plan (Sheet A1) cites a total of 26,404 s.f. of asphalt area, and shall require 18 trees. 2.15 Applicant shall coordinate screened trash enclosure location and construction requirements with Sanitary Service Company and provide a letter of approval from their office to Planning ~ Zoning when applying for a Certificate of Zoning Compliance. All trash areas are to be enclosed by a screening fence on at least three (3) sides. 2.16 Handicap parking, associated signage and building construction shall meet the requirements of the Americans with Disabilities Act. 2.17 No details on the amount of office space (square footage) versus warehouse space in the new building was provided. If the entire site was office use (16,000 s.f.), a total of 40 stalls shall be required. A total of 44 are shown, which does meet the minimum requirement. 2.18 This conditional use permit shall be subject to review upon ten (10) days notice to the applicant. Transfer of the conditional use permit shall need to be submitted and approved by the Zoning Administrator for any new owners/tenants. Additional Recommendations and/or comments from Meridian Fire Department, Ada County Highway District, Nampa St Meridian Irrigation Distric t and Sanitary Services, Inc. are as follows: 2.19 Fire Chief, Denny Bowers, requires that all codes, hydrant placements and fire sprinkler systems shall be approved by the Meridian Fire Department. 2.20 The ACRD shall require that all future design plans and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements. 2.21 The Nampa and Meridian Irrigation District shall require that a Land Use Change/Site Development application be filed for review prior to final platting. All laterals and waste ways shall be protected. All municipal surface drainage shall be retained on site. If any surface ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 4 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 n drainage leaves the site, the Nampa &. Meridian Irrigation District shall review drainage plans. Developer shall comply with Idaho Code § 31- 3805. 3. The above conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application for a conditional use permit. 4. Notice to Permit Holder, this conditional use permit is not transferable without complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to this permit. By action of the City Council at its regular meeting held on the ~ f~ day of ~~ , 2000. ~J. ert D. Cowie, Mayor City of Meridian Copy served upon Applicant, the Planning and Zoning Department, Public Works Department and City Attorney. By: rt C1 1 Dated: ~ l"6 ~~ y er c ~1c`;,~.~t~~ i i i~ ~ r i ~ ~e~~~~~ `~ G~ ~,QRpQ~1 r~ y~ j`~~i r msg/Z:\Work\M\Meridian 15360M\Hon CUP\CUPOr~zr ~~L ~_ 9~~ , b~ ~~ F4,~, 3r ~s~c • 0 ~: `~~ P~~`. A~/f fs~~~~dit~s t e~~~~\``l. ORDER OF CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT -PAGE 5 OF 5 BY JEFF HON/MIKE HON FOR OFFICE/WAREHOUSE /CUP-00-019 i-~ interoffice M E M O R A N D U M To: From: Subject: Date: William G. Berg, Jr Wm. F. Gigray, III RELEASE OF NON-DEVELOPMENT AGREEMENT FOR HONOR PARK SUBDIVISION NO. 3 November 4, 1999 Will: ~~ Please find attached, to this memo, an original of the above document. Would you please obtain Mayor Corrie's signature and then forward to William A. Hon, Roland L. Hon and William A. Norris for their execution and recording. Please forward a conformed recorded copy of the Release to our office. If you have anv questions please advise. ms~Z:\Worlc\M~leridian 15360M\I-ionor Parlc No. 3 Sub\BergRelaseNonDevAgmt100699.Mem .~. Meridian City CouncilJ"'ating May 2, 2000 Page 47 Bird: Mr. Mayor, I move that we have the attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order for the request of the vacation of public utility easement in a C-G zone, Lots 12, 13, 14 and 15 of Block 2, Central Valley Corporate Park No. 5 by Ronald C. and Rafanelli Nahas. Corrie: Okay, is there a second for a motion? Anderson: Second. Corrie: Motion made and seconded to approve the request for vacation of public utility easement, item No. 10, and attorney to draw up the decision. Any further discussion? Roll-call vote, Mr. Clerk. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 11. CUP 00-019: Request by Jeff and Mike Hon for a Conditional Use Permit for planned unit development for two principle buildings on a single lot in Honor Park Subdivision No. 2 in a C-G zone - 357 E. Watertower Lane: Corrie: Item No. 11, CUP 00-019, request by Jeff and Mike Hon for a Conditional Use Permit for planned-unit development for two principle buildings on a single lot in Honor Park Subdivision No. 2 in a C-G zone, 357 East Watertower Lane. Staff, comments. Smith: Mr. Mayor Council members, I'm not too sure of this project other than I did overhear Shari visiting with Jeff Hon and the project architect. She indicated to them that she didn't have a problem with this request, so they left the building. Ron Hon was here also, and Shari indicated to him that she didn't have any problem with the request. I'm sorry. That's all I know about the project. Corrie: You filled in nicely there, Gary. Any questions from Council? Hearing none, I'll entertain a motion on the Item No. 11, CUP. Anderson: Mr. Mayor, I'd make a motion that we have the City Attorney draw up the Findings of Facts and Conclusions of Law and Decision of Order approving the request for Conditional Use Permit for aplanned-unit development for two principle buildings on a single lot in Honor Park Subdivision No. 2 in a C-G zone, 357 East Watertower Lane. Bird: Second. .-. Meridian City Counc`~ eting May 2, 2000 Page 48 Corrie: Motion made and seconded to approve the request for Conditional Use Permit and have the attorney draw up the Findings of Facts and Conclusions of Law with approval of Council. Any further discussion? deWeerd: Mr. Mayor, just ask Shari if she had any response from the applicant on the conditions from P & Z or from staff. Stiles: Jeff Hon was here earlier, and I told him that it would be no problem if they left as long as there weren't any conditions of dispute and they have a problem meeting all the conditions recommended by Planning and Zoning Commission. deWeerd: Thank you. Corrie: Mr. Clerk, roll-call vote, please. Roll-call: deWeerd, aye; McCandless, aye; Anderson, aye; Bird, aye MOTION CARRIED: ALL AYES Item 12. FP 00-004: Request for Final Plat approval of 32 building lots and 5 other lots 12.801 acres in an R-4 zone for Tarawood Subdivision by Michelangelo Investments, LLC /Frank Stoppello: Corrie: Item No. 12, request for Final Plat approval, 32 building lots and 5 other lots, 12.801 acres in an R-4 zone and R-T zone for Tarawood Subdivision by Michelangelo Investments, LLC and Frank Stoppello. Stiles: Mr. Mayor and Council, this property was recently annexed into the City with an R-4 zone. The applicant - we have received a response from the applicant's representative to our comments. There were a couple of items that we wanted to discuss. I know during the preliminary plat process and maybe Mr. Stoppello can enlighten me on what approval process has taken place with the Bureau of Reclamation. I know that Becky Bowcutt did testify that the Bureau of Reclamation told her do not come back here for another crossing of that Nine Mile Creek. However, I wasn't aware until this final plat was submitted - I guess I wasn't aware of what this looked like back behind the property. This would be where Thousand Springs, Sherbrooke Hollows is, and that has all been fenced on the top of the bank there. Applicant is proposing to leave this open here and provide a pathway subject to Nampa Meridian Irrigation District's approval in this location. I have not gone out to the site and not seen these pictures until today. I'm wondering how a pathway is going to be provided within 10 feet here. It appears that from -there's more than 10 feet from the top of bank to the fenceline here. It may be deceiving view here, but that's one issue that I'd like Mr. Stoppello to address or his engineer if he's here. They are proposing to just fence off this drain and construct a -they showed afour-foot wide sidewalk on RELEASE OF NON-DEVELOPMENT AGREEMENT The Non-Development Agreement entered into by and between William A. Hon, Roland L. Hon and William E. Norris, whose address is 3010 W. State Street, Suite 101, Boise, Idaho 83703, and the City of Meridian, a municipality of the State of Idaho, acting by and through its Council Members, as filed for record in the office of the Ada County Recorder as Instrument No. 99088535 on the 2°d day of September, 1999, is hereby released and revolted, the provisions thereof are no longer binding on the parties thereto, and the time for development of Honor Parlc Subdivision No. 3 construction as required by the Ordinances of the City of Meridian, shall commence on the day of , 1999. DEVELOPERS CITY OF MERIDIAN William A. Hon Robert D. Corrie, Mayor ATTESTED: Roland L. Hon William A. Norris William G. Berg, Jr., City Clerlc RELEASE OF NON-DEVELOPMENT AGREEMENT -PAGE 1 OF 3 HONOR PARK SUBDIVISION NO. 3 ACKNOWLEDGMENT STATE OF IDAHO,) ss. County of Ada, ) On this day of , 1999, before me, the undersigned Notary Public in and for the State, personally appeared William A. Hon, known or identified to me to be the person who executed the above instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: STATE OF IDAHO,) County of Ada, ss. On this day of , 1999, before me, the undersigned Notary Public in and for the State, personally appeared Roland L. Hon, known or identified to me to be the person who executed the above instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above `written. SEAL NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: RELEASE OF NON-DEVELOPMENT AGREEMENT -PAGE 2 OF 3 HONOR PARK SUBDIVISION NO. 3 n .~ STATE OF IDAHO,) County of Ada, ) ss. On this day of , 1999, before me, the undersigned Notary Public in and for the State, personally appeared William E. Norris, known or identified to me to be the person who executed the above instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL NOTARY PUBLIC FOR IDAHO Residing at: My Commission Expires: STATE OF IDAHO, ) County of Ada, ss. On this day of , in the year 1999, before me, and William G. Berg, Jr., known or identified to me to the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument on behalf of said City, and acknowledged t o me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. SEAL Notary Public for Idaho Residing at: My Commission expires: msg\Z:\Work\M\Meridian 15360M\Honor Park No. 3 Sub\RELEASE OF NON-DEVELOPMENT AGREEMENT RELEASE OF NON-DEVELOPMENT AGREEMENT -PAGE 3 OF 3 HONOR PARK SUBDIVISION NO. 3 interoffice M E M O R A N D U M To: Gary Smith and Shari Stiles ,~ From: Marlene St. Georg .-/ Subject: HONOR PARK SUBDIVISION NO. 3 Date: October 6, 1999 We have been requested to prepare a Release of Non-Development Agreement for the above subdivision, by Briggs Engineering for William A. Hon, Roland L. Hon and William A. Norris. Please advise if you approve of this Release. If either of you have the recording date and instrument number it would be helpful as that information will be necessary to prepare the Release. I await your response. Ms~Z:\Work\M\Meridian 15360M\Honor Park No. 3 Sub\SmithStiles100699.Mem ,-. UiEr~IDlfi~ly CITY ~CftDER • REQJEST aF ADA COl1NTY RECORDS (~~ u. CA!~1~ "t~1YAFR0 r {~'~ NON-D~V~`t,~p~VIENT AGREEME ~ ~ ~ ~. This Non- Development Agreement (``Agreement") is made and entered into this~day of u 1998, by and between William A. Hon, Roland L. Hon & William E. Norris , whose address is 3010 W. State Street, Suite 101, Boise, Idaho 83703 (hereinafter referred to as "Developer" and City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City"). WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as Honor Park Subdivision No. 3 located in Ada County, Idaho, (hereinafter the "Subdivision"),amore particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 17 through 32, Block 2 (hereinafter "the undeveloped Lots") in the said Subdivision, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: Developer shall not sell any of the undeveloped lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon. 2. Developer shall not install or permit to be installed any improvements for the undeveloped lots in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written NON-DEVELOPMENT AGREEMENT, Page 1 c:\projects\970113\nondevlp.agr consent of the City. ~"~ 3. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description ofthe Improvements which Developer desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that the purposes of this Agreement the status of the undeveloped lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. 5. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as NON-DEVELOPMENT AGREEMENT, Page 2 c:\projects\970113\nondevlp. ag r Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one-year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one-year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete the installation of the Improvements as set forth herein, approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of, and be binding upon, the heirs. executors, administrators, assignees, and successors of the respective parties hereto. 8. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON-DEVELOPMENT AGREEMENT, Page 3 c:\projects19701131nondevlp.agr IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: William A. Hon CITY: C Y F MERIDIAN ~~`~r`"`fi'r"' ert Corrie, Mayor C1 '~ ATTEST: ~,~~ ~( =i;?ice ~~rr :i`` G~~~GpRp~R4TFa ~~ ref ~~~ ,c~_~. S~.~L - illiam G. Berg, Jr., Cit Cl = y o"' ~G ~.~ ~ `~ STATE OF IDAHO ) ~=,,~9~.~,, ~r is~ ~ ~~~.~'`\,,~'~ § ''%ti CQUr«1 ~ Y ~ ,~~`` County of Ada ~ ~~~~'rrlui ni~r~~``~ On thiscz~ day of ~ ~ 19 ~~ before me, a Notary Public in and for said State, personally appeared Will' m A. Hon ,individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ ~~~ Notary Public for the State of Residing at ~~ ~ , l~~~;'~~. ~.. My Commission Expires: S ~~a,~©~ .~ /, .. ., ~~ ~ ° ~,~ f,. ~.~ SF ~ ~. ~. . '~ . 4~ ., ~`~ ~. . ~ ~ F ~ ,. _..~~ , NON-DEVELOPMENT AGREEMENT, Page 4 c:\projects19701131nondevlp.agr STATE OF IDAHO) S.S. COUNTY OF ADA) CITY OF MERIDIAN ra On this ~ day of , 19~ ,before me, the undersigned Notary Public in and for said State, personally appeared Robert D. Corrie ,known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ,,~~~~suui~iM~i •. •. ~OTARr '~ p UB L1G :~ • ~N~ ' l" Notary(~'ublic of the State of Idaho Residing at Boise, Idaho My Commission Expires:~a,t~~a NON-DEVELOPMENT AGREEMENT, Page 5 c:\projects\970113\nondevlp. ag r n, 200 EAST CARLTON AVENUE, SUITE 31 POST OFFICE BOX 1150 MERIDIAN, IDAHO 83680-1150 TEL (208)288-2499 FAX (208) 288-2501 WHITE, PETERSON, PRUSS, MORROW &GIGRAY, P.A. ATTORNEYS AT LAW ]USTIN P. AYLSWORTH PHILIP A. PETERSON KATHY ]. EDWARDS STEPHEN L. PRUSS JULIE KLEIN FISCHER ERIC S. ROSSMAN WM. E GIGRAY, III TODD A. ROSSMAN D. SAMUEL JOHNSON R. STEPHEN RUTHERFORD WILLIAM A. MORROW DAVID M. SWARTLEY WILLIAM E NICHOLS' TERAENCE R. WHITE'"' CHRISTOPHER S. NYE •ALSO ADMITTED IN OR "ALSO ADMITTED IN WA Email via Internet @. wfg@wppmg.com ,"'~ NAMPA OFFICE 104 NINTH AVENUE SOUTH POST OFFICE BOX 247 NAMPA, IDAHO 83653.0247 TEL (208) 466-9272 FAX (208) 466-4405 PLEASE REPLY TO MERIDIAN OFFICE November 4, 1999 William G. Berg, Jr. Meridian City Hall 33 East Idaho Meridian, Idaho 83642 Re: In the Matter of the Application of John Beagley for a CUP for constncction and development of a specialty retail music store (Treasacre Valley Music) at 2400 E. Overland Road, Meridian, Idaho -Case No. CUP-99-011 Dear Will: This matter came to my attention, again, when I was advised that the Pecks would not sign the Development Agreement, and there was a request to substitute the parties. I have answered this question before, in the negative, because it is my opinion the City should insist that the owners of the real property should sign the Development Agreement. This time I was advised by Mr. Craig Groves, who represents the developer, that this was part of a conditional use permit, and I questioned why there was a Development Agreement because Development Agreements are not authorized for conditional use permits. The action taken by the City Council was on the 1 S` of June, which was a meeting I did not attend, so I did not do the follow up work on that meeting. Mistakenly, a Development Agreement was prepared in addition to the Findings of Fact and the Order of Decision Granting the Conditional Use Permit. I have reviewed the minutes and no action requesting a Development Agreement was taken. William G. Berg, Jr. November 4, 1999 Page 2 Therefore, I request that the Development Agreement be withdrawn and the matter simply handed on the Order Granting the Conditional Use Permit, and that all departments review any needed permits for this development consistent with the City Council action. If there are any questions please advise. Very~ruly yours, ~ '~ m. F. i~r y, II cc: Mavor Robert D. Corrie Shari Stiles Gary Smith Craig Gro~~S Z:\Work\M\Meridian 15360M\Beagley CUP\Clerkl 10299.Ltr LETTER, OF BRIGGS ENGINEERING, Inc. 1111 So. Orchard St., Suite 600 Boise, Idaho 83705 PHONE: (208) 345-2881 FAX N0: (208) 345-2950 ~•~-ids/, ~ ~ r=~ ~; TRA.~SM iTTAL DATE ~ ~ ~ ID N0. ~7~'~J JOB NAME ~d~l'~ l ~l~"i~-/~.~ CT~/I-~ JOB ADDRESS ;C'~~ '~ ~' ~~~~'~~~ ~~ C-~5 qTY, STATE -, ^ WE ARE SENDING YOU ^ WE ARE RETURNING ^ SHOP DRAW/NGS ^ CHANGE ORDER ^ COPY OF LETTER ^ PLANS ^ OR/G/NALS ^ F/NAL PLA T ^ SPEC/F/CA T/ONS ^ COMPUTER DISK ^ OTHER ^ ENCLOSED ^ UNDER SEPARATE COVER VIA ^ FEDERAL EXPRESS ^ COURIER THESE ARE TRANSMITTED AS CHECKED BELOW ~ r4R APPROVAL ^ APPROIgD AS SUBM/TIED ^ RE.SIIBM/T COP/ES FOR APPROVAL ^ FOR YOUR /NFORMATION ^ APRROV£D AS NOTED ^ 57/BA!/T COPES FOR D/STR/BUAON ^ AS RE(X/ES1FD ^ RETURNED FOR CORRECTIONS ^ RETURN CORRECTID PR/N1S ^ FAP REf9EW AND CO,NMENT ^ PR/CE . ^ fOR B/OS DUE ^ REMARKS COPY TO SIGNED ~- ,~'~ NON-DEVELOPMENT AGREEMENT This Non- Development Agreement ("Agreement") is made and entered into thisday of 1998, by and between William A. Hon, Roland L. Hon & William E. Norris , whose address is 3010 W. State Street, Suite 101, Boise, Idaho 83703 (hereinafter referred to as "Developer" and City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City") WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as Honor Park Subdivision No. 3 located in Ada County, Idaho, (hereinafter the "Subdivision"),amore particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 17 through 32, Block 2 (hereinafter "the undeveloped Lots") in the said Subdivision, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: 1. Developer shall not sell any of the undeveloped lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon. 2. Developer shall not install or permit to be installed any improvements for the undeveloped lots in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written NON-DEVELOPMENT AGREEMENT, Page 1 c:\projects\970113\nondevlp.agr /'1 consent of the City. ~, 3. At such time as Developer desires to install any of the said Improvements then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that the purposes of this Agreement the status of the undeveloped lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. 5. Developer acknowledges that this Agreement will be recorded in the office of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint on the conveyance of undeveloped lots in the said Subdivision. At such time as NON-DEVELOPMENT AGREEMENT, Page 2 c:\projects\970113\nondevlp.agr i"1 /"r Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one-year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced ~~„" ~'` installation of the said Improvements, whereupon Developer shall have one-year from the date ~ ~ ?~,..~ ~ ~' p , ,.F.. thereof to com lete the installation of the said Improvements. In the event this Agreement does ~,~: s ~r,~-7 terminate by reason of the failure of the Developer to commence and complete the installation of the ~t~`` Improvements as set forth herein, approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 8. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON-DEVELOPMENT AGREEMENT, Page 3 c:\projects\970113\nondevlp.agr IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: William A. Hon Roland L. Hon William A. Norris STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Hon ,individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared Roland L. Hon ,individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he NON-DEVELOPMENT AGREEMENT, Page 4 c:\projects1970113\nondevip.agr executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Norris ,individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) CITY: ATTEST: William G. Berg, Jr., City Clerk CITY OF MERIDIAN Robert Corrie, Mayor NON-DEVELOPMENT AGREEMENT, Page 5 c:\projects\970113\nondevlp.agr STATE OF IDAHO) S.S. COUNTY OF ADA) CITY OF MERIDIAN On this day of , 19 ,before me, the undersigned Notary Public in and for said State, personally appeared Robert D. Corrie ,known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public of the State of Idaho (SEAL) Residing at Boise, Idaho My Commission Expires: NON-DEVELOPMENT AGREEMENT, Page 6 c:\projects\970113\nondevlp.agr /'\ MERIDIAN CITY COUNCIL MEETING: MAY 19, 1998 APPLICANT: HON HON & NORRIS ITEM NUMBER: 10 REQUEST: NON-DEVELOPMENT AGREEMENT AGENCY COMMENTS CITY CLERK: SEE ATTACHED AGREEMENT CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. I'IHT-VJ7-1770 1 ~ • ~b I-KUI'I I U ~~ r1~7 ~ h' • U~ ~~ ~~ NON-DEVELOPMENT AGREEMENT This Non- Development Agreement ("Agreement's is made and entered into this_day of 1998, by and between William A. Ikon Roland L. Hon & William )/. Norris , whose address is 3010 W State Street Suite 101, Boise Idaho 83703 (hereinafter referred to as "Developer" and City of Meridian, a municipality of the State of Idaho (hereinafter referred to as "City") WHEREAS, Developer is the owner of all real property and subdivision lots contained in the proposed subdivision known as I-Ionor Park Subdivision No. 3 located in Ada County, Idaho, (hereinafter the "Subdivision"),amore particular description of which is attached hereto as Exhibit A; and WHEREAS, Developer desires to record the final plat of the said Subdivision; and WHEREAS, Developer desires to withhold development of street, sewer, water, irrigation and other utility and lot improvements and sale of proposed Lots 17 through 32, Block 2 (hereinafter "the undeveloped Lots") in the said Subdivision, NOW, THEREI+ORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: 1. Developer shall not sell any of the undeveloped lots in the said Subdivision during the term of this Agreement unless this Agreement is first terminated or modified by the parties so as to permit the sale of the said lots, or some of them, upon such terms and conditions as may be agreed upon. 2. Developer shall not install nr permit to be installed any improvements for the undeveloped lots in the said Subdivision, including, but not limited to, street, sewer, water, irrigation and other utility and lot improvements (hereinafter "Improvements") without the prior written NON-DEVELOPMENT AGREEMENT, Page 1 c:lprojectsl9701131nondevlp. agr MAY 09 '98 17 54 PAGE.~72 I`IHY-b7-ly~d 1 ~~ ~o rkUf'I ~\ consent of the City. I U dd' (i ~'~' ( F' . VJ..S 3. At such time as Developer desires to install any of the said lmprovernents then Developer shall submit a written request to the City which shall contain a detailed description of the Improvements which Developer desires to install together with an estimate of the time and cost to complete such Improvements. The City shall consider the Developer's request therefor and shall, in the reasonable exercise of its discretion, permit the said Improvements to be installed on such conditions as the City may reasonably require including, but not necessarily limited to the requirement that Developer deliver to the City an irrevocable letter of credit or cash deposit and surety agreement in an amount sufficient to secure the Developer's full and adequate performance upon the installation of such stated Improvements in accordance with the detailed description of the Improvements submitted to the City. The amount of the said irrevocable letter of credit or cash deposit and surety agreement will be calculated at the prevailing construction costs as reasonably determined by the City. Developer agrees and understands that the installation of any Improvements shall be performed in accordance with the City's standards and specifications in effect at the time of actual installation. 4. Developer and City specifically understand and agree that the purposes of this Agreement the status of the undeveloped lots in the said Subdivision will be as though the final plat thereof had not been filed and recorded. It is further understood and agreed that except as specifically contained herein, this Agreement is not intended to nor does it have the effect of altering any previous approvals, conditions or requirements pertaining to the said Subdivision. 5. Developer acknowled;es that this Agreement will be recorded in the ot~ice of the Ada County, Idaho Recorder in order to provide public notice to prospective purchasers of the temporary restraint cm the conveyance of undeveloped lots in the said Subdivision. At such time as NON-DEVELOPMENT AGREEMENT, Page 2 c:lprojects\970113~rtondev(p.agr MAY 09 '98 1754 PAr,F.03 I'IHY-i~Jy-1'770 1 (~ J ( t-KUI'I I U CC'(1~y ( r. U4 ~\ ~~ Developer has completed the installation of all Improvements as required by the City and other governmental entities with jurisdiction thereof, this Agreement shall terminate and City shall execute and deliver to Developer for recordation an appropriate document releasing the said temporary• restraint on the conveyance of the undeveloped lots in the said Subdivision and acknowledging that this Agreement shall have no further force and effect. The cost of recordation of this Agreement and any release of it shall be paid by Developer. 6. This Agreement shall terminate one-year from the date of execution hereof, unless extended by a further written agreement of the parties or unless Developer shall have commenced installation of the said Improvements, whereupon Developer shall have one-year from the date thereof to complete the installation of the said Improvements. In the event this Agreement does terminate by reason of the failure of the Developer to commence and complete the installation of the Improvemenu as set forth herein, approval for the undeveloped lots in the Subdivision shall be null and void and City shall record a statement that approval for the undeveloped lots in the Subdivision has been voided, whereupon any further development of the undeveloped lots shall require additional approval from the City. 7. This Agreement shall inure to the benefit of, and be binding upon, the heirs, executors, administrators, assignees, and successors of the respective parties hereto. 8. Each of the parties hereto agrees to execute any other documents necessary or appropriate to effect the intent of the parties as expressed in this Agreement. NON-DEVELOPMENT AGREEMENT, Page 3 c:lprojects~970113tnondevl p. ag r MAY 09 '99 17 55 PAGE. 04 mini-r~~-1»0 lr•ar rr~uii ~~ ,u cerl~7r r.e~ ~~ IN WITNESS WHEREOF, the Developer and the City have executed this Agreement on the day and year first above written. DEVELOPER: STATE OF CALIFORNIA ) County of Merced ) William A. Ion Roland L. Hon William A. Norris On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Hon ,individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public foz the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared Roland L. Hon ,individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he NON-DEVELOPMENT AGREEMENT, Page 4 c:lprojects\9701131nondevlp.agr MAY 09 '98 17 55 PAGE. 05 MAY'-09-1998 17 58 FROM TO 8871297 P.06 • ~ ~ ~. executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) STATE OF CALIFORNIA ) County of Merced ) On this day of 19 before me, a Notary Public in and for said State, personally appeared William A. Norris ,individual known or identified to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same. IN WITNESS 'WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for the State of Residing at My Commission Expires: (SEAL) CITY: ATTEST: William G. Berb, Jr., City Clerk NON-DEVELOPMENT AGREEMENT, Page 5 c:lprojectst9701131nondevip.ag r CITY OF MERIDIAN Robert Corrie, Mayor MAY 09 '98 17 55 PAGE. 06 STATE OF IDAHO) S.S. COUNTY OF ADA) CITY OF MERIllIAN On this day of , 19 ,before me, the undersigned Notary Public in and for said State, personally appeared Robert D. Cowie ,known or identified to me to be the Mayor of the City of Meridian, the municipality that executed the within instrument, or the person who executed the instrument in behalf of said municipality, and acknowledged to me that such municipality executed the same. IN WITNESS WI-I)/REOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public of the State of Idaho (SEAL) Residing at Boise, Idaho My Commission Expires: NON-DEVELOPMENT AGREEMENT, Page 6 c:lprojects19701131nondevip.agr TOTAL P.07 MAY 09 '98 17 55 PAGE. 07 ~"~ 0 A ~ 0 ~~ "D _" t O V) C. D ~ C O Z ~~ r COr r ~ HONOR PARK SUBDIVISION N0.1 D f~Z0 Doz v'. s 00' 40' 03~ E N 00' S 1' 0T E 109.00 183 08 _ ~ - _ J N ~ f.IGHT MILE UTERAI. ~\ y I ---- ---ao co i ~~ o ul ~ ro I ~~,. I' o z f~J. "~ I . u ~ ~<': ~ I ~ ~ Cc' N : ~ O ~ ~ -. ~N N ~ N uU' 28' 3B' w v ~ R1I I 254.16 ~ ' 2 , 8 I o .o N DO o.o ~ 1 _ ` U o I b I i N 00' 28 38' w ^ ' I I I ~ I ,l~Ul L " --~--- 252.07 Rl e m I N i I IN I D u ~ '~jl~~N/~ ~ . 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'tc~a 3y ~P € ~~ ~~ y ~ f ~y _ . it 7i ~$~ } [ C 1 1~ t i t f { • i ~ -. t i A I _ ; ' t~or~~ r~~~e~r~r aes~a~7s ~ s /^. /~~ ~\ s ~ ~ ! ~ { f 1~ ~~#~ a ~; a i 1~T~-Vambax ~. 7. l ~'~~4 I: f ~. F y ~ ~ ; E ~~~c~ ~ Cg ~c~i~+~erf.~g ~ a y° ~x.r ~~'~t~x~ c+~ ~F~a~re~r 17th tc~ ~ot~ 2hompson ~~ 1 ~~a:.'t ~~lie~~~ ~~ a~'e bs~~,g atucl~ ~`ax t#~ia t.r~. • kN ~+k. ;~ ~~1~.=tk !~h~,tr h~Y~ Sit t~~ tt,~7 tf! Uffi~@ ~~' ~-t3 ample. ~kva~r~;~ r~ev~3vgm~nt to ~h~ ~ti~x'th ha.e acs ~~ciev~aiks. Es ~ ~u t~~ ~aut~ bias' ~.lk$ nn tine side €~.~ the ~ ~t.~?eet. The ~r arc ~~px~v~r~ ~x~~ s~.d~~raik. T'hay ors ~a u~se~d t+~; ~+u~sh~®g ~y a ~.~r+~ th~~ ~h~~ ~uat don't mare. ~ thf:~k r~i+c€~'t it ~ig'~t~.ag ~hi~ sb€~i~.; ~nt3ltgh az "ate uauXd aot h~~e ~ixtBt~.I3.sd `~~~Q~ ~+~se, f tra ~1~r7~$ ~r.~~xe $~2,1•~8 ~'s~`r"' tfae water ~.fn~ {f~n~t thfe 'I~~h9k) huts kiv#x $+~f9~.fla~ total. ~ ' i a i ; _ '. P - - ~ • -. S _ ~ i ~ ' I Y ': ~ t ~ K ~ } ~I ,~ I { _ ~ f. °. P_ 01 f ~ y,1 WM. A. HON REAL ESTATE (208) 343-7514 COMMERCIAL SPECIALISTS • DEVELOPERS BOX $2$ INVESTMENT'S BOISE, IDAIIO 83701 October 13, 1994 Karen Gallagher Development Services Coordinator Ada County Highway District 318 East 37th Boise, Idaho 83714 RE: Honor Park Subdivision Dear Karen: Since we have been playing telephone tag without catching up with each other I decided to drop you a line. I have been calling in regard to your letter of September 19 regarding sidewalks on Watertower Lane. I had not realized that your staff required two sidewalks. For several years I have understood that one is all that would be required as was the case with Stratford Drive. Central Valley Corporate Park is allowed to use one sidewalk. Mayor Grant Kingsford also agrees that Meridian does not need two sidewalks. The reasons are obvious. This is not a residential subdivision and there really is no use for sidewalks as there will almost be no pedestrian traffic. Please ask your staff to give us a fair break. Sincerely, MERIDIAN DEVELOPMENT ~,~~-C., ~. ~ ~ .~ C~-c~. ~1~c ~ ~ Wm. A. Hon ~ WAH/ck cc: Mayor Grant Kingsford, Meridian ACRD, James E. Bruce City of Meridian, Engineering, Gary Smith City of Meridian, Planning, Shari Stiles Stan McHutchison, Briggs Engineering /'~ /O .-. C~'f?C GLENN J. RHODES, President SHERRY R. HUGER, Vice President JAMES E. BRUCE, Secretary Stan McHutchinson, P.E. Briggs Engineering, Inc. 1111 S Orchard Suite 600 Boise ID 83705 Re: Honor Park Subdivision (Formally I--84 Business Park and Norris Park) Dear Stan: ~-~. September 19, 1994 You have written requesting ACHD revise their requirement to install side- walk on both sides of Watertower Drive to requiring sidewalk on one side of Watertower Drive. Staff has considered your request and has decided not to modify the original requirements. Thank you for your attention to this matter. Should you have any ques- tions, please call me at (208) 345-7662. Sincerely, ADA UNTY HIGHWAY DISTRICT Ka e G la her Developm nt Services Coordinator cc: City of Meridian, Engineering, Gary Smith City of Meridian, Planning, Shari Stiles Chron Project File ada county highway district 318 East 37th • Boise, Idaho 83714 • Phone (208) 345-7680 ~. IN REPLY REFER TO: SRAO-6113 LND-1.00 BUREAU OF RECLAMATION Central Snake Projects Office 214 Broadway Avenue Boise, Idaho 83702-7298 August 19, 1994 Ms. Shari Stiles Meridian Planning & Zoning Commission City of Meridian 33 East Idaho Ave Meridian IC 8364 Subject: Review of Honor Park No. 2 Final Plat Dear Ms. Stiles: TAKE~~ ~ PRIDE IN~~~ AMERICA~~ ~~~ ~ ~ ^ The Nine Mile Lateral Canal through this development is not a Reclamation facility. However, we suspect that a 30 ft. from center line drain right-of-way may be insufficient to provide future drainage of the thousands of acres of urbanizing upstream areas. We recommend your City Engineer review this right-of-way dimension. Please contact John Caywood of my staff (ph. 334-1463) if we can be of any further assistance. Sincerely, G~ Jerrold D. Gregg Area Manager United States Department of the Interior cc: i~ampa f~ieridian irrigation District ,~ -~ n MERIDIAN CITY COUNCIL MEETING: Au ust 16 1984 APPLICANT: WILLIAM HON AGENDA ITEM NUMBER: 12 REQUEST: FINAL PLAT FOR HONOR PARK SUBDNISION N0.2 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: SEE ATTACHED COMMENTS CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: "REVIEWED" CITY FIRE DEPT: SEE ATTACHED COMMENTS CITY BUILDING DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: SEE ATTAHCED COMMENTS CENTRAL DISTRICT HEALTH: SEE ATTACHED COMMENTS NAMPA MERIDIAN IRRIGATION: SEE ATTACHED COMMENTS SETTLERS IRRIGATION: IDAHO POWER: US WEST: SEE ATTACHED COMMENTS INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: ~, OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. OROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor MEMORANDUM: To; Mayor, City Council From; Bruce Freckleton, Assistant to City Engine Re; HONOR PARK SUBDIVISION NO. 2 (Final Plat) COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman -Planning 8 Zoning August 10, 1994 I have reviewed this submittal and offer the following comments, for your information and consideration as conditions of the applicant during the hearing process: 1. This Plat is a portion of a Preliminary Plat previously approved by the Meridian City Council on December 15, 1992. At that time it was named I-84 Business Park. This portion is in general conformance with the previously approved Preliminary Plat. 2. The approval of the Preliminary Plat included a condition that the developer work together with the City to see that we get a second access point into the south boundary of Story Park. This Plat map indicates an easement with an overall width of 30 between Lots 5 & 6, Block 2. 3. Please provide proof of current ownership of the real property included in the proposed Final Plat. 4. Please provide a statement of conformance with the approved Preliminary Plat and meeting all requirements and/or conditions thereof. 5. Please provide a statement of conformance with acceptable engineering, architectural, and surveying practices, and local standards. 6. Please submit Ada County Street Name Committee letter approving the Subdivision Name, Street Names, and Lot & Block Numbering. Make any revisions necessary to conform. 7. What does the 16.3 foot dimension shown on Lot 5, Block 2 represent. Please clarify. 8. Please revise the plat notes as follows: (4.) ... resubdivision or as allowed by Conditional Use (7.) ... highest established seasonal ... C:\W PW IN60\DUMPSTER\HONORPK2.C-C l\ ~ ~ ,~ 9. The Plat map shows a bearing of N 00°40'03" W at the southwest corner of Lot 3, block 1. The Certificate of Owners and the Recorded Plat of Honor Park Subdivision No. 1 indicate that this bearing should read N 00°40'03" E. 10. From the beginning of the description in the Certificate of Owners, there needs to be a call referenced to the north quarter corner of section 18 to establish the Basis of Bearing. 11. Verify the physical location of the existing sanitary sewer line across Block 2. The easement being dedicated in this platting should be centered over said sewer line. 12. Relocate the 30 foot park access easement across Block 2, to allow for the full 30 foot width of the access easement into the park property. C:1 W PW IN60\DUM PSTER\HONORPK2. C-C n n ~ ~ OFFICIALS HUB OF TREASURE VALLt A Good Place to Live CITY OF MERIDIAN WILLIAM G. BERG, JR., City Cterk JANICE L GASS, City Treasurer GARY D. SMITH, P.E. City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORR0I,V SHARI STILES Planner & Zoning Aoministramr R~` ~~" g~~" ~ JIM JOHNSON hairman -Planning 8 Zomr~ J U L 2 5 194 GITY OF MERIDIAN TRANSMITTAL 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 City Councii, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: Auyust 9, 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16194 REQUEST: Final Plat for Honor Park No. 2 BY: William A. Hon LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and East of First Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8 FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM ~ FINAL PLAT) U.S. WEST(PRELIM 8 FINAL PLAT) INTERMOUNTAIN GAS(PRELIM 8 FINAL PLAT) BUREAU OF RECLAMATION(PRELIM FINAL PLAT) CITY FILES ~ OTHER: ,~ YOUR CONCISE REMAR CITYATTORNEY CITY ENGINEER CITY PLANNER .-~ ~ .~. .-~ HUB OF TREASURE VALLL4 . OFFICIALS A Good Place to Live COUNCIL MEMBERS WILLIAM G. BERG, JR., City Clerk RONALD R. TOLSMA JANICE 1. GASS. City Treasurer A '~Vj CITE OF MERIDI MAX YERRINGTON ROBERT D CORRIE GARY D. SMITH, P.E. City Engineer L 11 \ . BRUCE D. STUART, Water Works Supt. WALT W. MORROW JOHN T. SHAWCROFT, Waste Water Supt. 33 EAST IDAHO SHARI STILES KENNY W. BOWERS, Fire Chief " " MERIDIAN IDAHO 83642 Planner & Zoning Administrate- BILL W.L. CORDON, Police Chief , JIM JOHNSON WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888.4433 • FAX (208) 887-4813 Chairman ~ Planning 8 Zoning Public Works/Building Department (208) 887-2211 GRANT P. KINGSIrORD ' Mayor TRANSMITTAL 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9, 1994 TRANSMITTAL DATE: 7/22194 HEARING DATE: ~ ~~ REQUEST: Final Plat for Honor Park No. 2 BY: William A. Hon ,.,.r~,- ~~; t~~ -; ~,,:~iV LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and East of First Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P/Z CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM 8i, FINAL PLAT) CITY FILES ,.-, ,~ _ ,. ~ r YOUR CONCISE REMARKS: ~ ~ SUBDIVISION EVALUATION SHEET t%~~~~~~r•-~J A~JG i 1 ia~4 Proposed Development Name HONOR PARK N0. 2 City MERIDIAN Date Reviewed 7/28/94 Preliminary Stage Final XXXXX Engineer/Developer Brioos Enar / William A Hon Real Estate The following SUBDIVISION NAME is approved by the Ada County Engineer or his designee per the requirements of the IDAHO STATE CODE. ~ Z x. Date ZY The Street name comments listed below are made by the members of the ADA OUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Meridian City Street Name Ordinance. The following existing street names shall appear on the plat as: "S. STRATFORD DRIVE" "E. WATERTOWER LANE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COM Ada County Engineer Ada Planning Assoc Meridian Fire Dept John Prii Terri Rai Representative VES OR DESIGNEES Date ~ Date ~ Date NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed !!!! Sub Index Street Index NUMBERING OF LOTS AND BLOCKS 2 ~ ~ CENTRAL 94-358 >~ i-. •• DISTRICT ~ HEALTH . N. ARMSTRONG PL. • BOISE, iD, 83704 • (208) 375-5211 • FAX`. 321-8500 DEPARTMENT MAIN OFFICE 707 To prevent and treat disease and disability; to promote healthy tifestyies; and to protect and promote the health and quality of our environment. July 22, 1994 DAVID NAVARRO JUl 2 g ~9s4 ADA COUNTY RECORDER Cj j'y 650 MAIN STREET ~~ I~~L/2~Uitit~l BOISE ID 83702 RE: HONOR PARK SUBDIVISION NO. 2 Dear Mr. Navarro: Central District Health Department, Environmental Health Division has reviewed and do approve the final plat on this. subdivision for private well and central sewer facilities. Final approval was given on July 25, 1994. No lot size may be reduced without prior approval of the health authority. If you have any questions please call. Sincerely, -t~~~ Thomas E. Schmalz, E. .S. Senior Environmental Health Specialist cc: Tom Turco, Director HUD City of Meridian Briggs Engineering William Hon Real Estate Serving Valley, Elmore, Boise, and Ada Counties Ada (Boise County Office WIC Boise • Meridian Elmore County Office Elmore County Office Valley County Office 8cx 1448 0 ° 707 N. P.rmstrong PI. 1606 Rooerts 520 E. nth Street N. of Environmental Health . . 83638 ID "1cCcJ 9oise, iD. 83104 Boise. ID. Mountain Home. ID. l~ S. 4th Streer E. , . 634-7194 Ph E,^,viro. Health: 327-7499 83705 Ph, 334-3355 83647 Ph. 537-4401 Mountain Home, iD. . ~cmily Planning: 321-1400 324 Meridicn. iD. 83547 Ph. 587-9220 !mmun¢arions: 321-7450 83642 Ph. 8n8-6525 Nutrition: 327-7460 ,~ CENTRAL •• DISTRICT ~1'HEALTH DEPARTMENT Rezone # Conditional Use # Prelimina /Final Short Plat REVIEW SHEET Environmental Health Division or _~_ ~~~~~~~~ J !1 E. 2 ~ 1~~~ Return to: ^ Boise ^ Eagle ^ Garden city -P4eridian ^ Kuna ^ Acz ^ I . We have Objections to this Proposal. ^ 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 or. ^ high seasonal ground water ^ solid lava from original grade ^ 6. We can Approve this Proposal for individual sewage disposal to be located above solid lava layers: ^ 2 feet ^ 4 feet ^ 7. 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 ^ 8. 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 ^ 9. Street Runoff is not to create a mosquito breeding problem. ^ 10. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ I I. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 12. 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 / ~f 13. ~~i~lt/~t 672 ~f ij7`~~t Cry S'f7.'Y~~ /Vo i Date: ~ /~' / /'`jr ~L (/~-L! Reviewed By: ~_ CDHD 10/91 rcb, rev. II/93 i /"~ .,.,City Clerk ., City Treasurer ~tTH, P.E. City Engineer .c D. STUART, Water Works Supt. ..tHN T. SHAWCROFT, Waste Water Supt. KENNY W. BOWERS. Fire Chief W.L. "BILL" GORDON, Police Chief WAVNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSFORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner 8 Zoning Administrator JIM JOHNSON ~ Chairman -Planning 8 Zoning J-u E- ;,~, a /' ~ ..~i~u ~~ ~IJ ~ ~ . ~ ~ ~ i ~~~4 TRANSMITTAL TO AGENCIES FOR COMMENTS ON DE'~E~QP4VI~=pi~~,TECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City .Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9, 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16/94 REQUEST: Final Plat for Honor Park No. 2 BY: William A. Hon LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and East of First ~~ -- - JIM JOHNSON, P2 MOE ALIDJANt, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM 8~ FINAL PLAT)~~~ O ~ ~~~~} ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION ~ ~ ~ ._ CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PREUM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: ~~r~ia. & ~Zeh~d~act ~~rugat~i ?~iddzict 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-888-6201 Phones: Area Code 208 29 July 1994 OFFICE: Nampa 466-7861 Stan McHutchison Boise 343-1884 SHOP: Nampa 466-0663 Briggs Engineering, Inc. Bosse 345-2431 1111 South Orchard, Suite 600 Boise, ID 83705 RE: Land Use Change Application for Honor Park Sub No. 2 Dear Stan: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above- referenced development. You were previously sent a complete packet of information concerning Land Use Change, urban irrigation, and exclusion. If you have any questions concerning this matter please feel free to call on Donna Moore at the District's office or John Anderson, the District's Water Superintendent at the District's shop. Sincerely, DAREN R. COON, SECRETARY/TREASURER NAMPA & MERIDIAN IRRIGATION DISTRICT DRC/dnm cc: File Water Superintendent William A. Hon City of Meridian enc. C~Op~( APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 HUB OF MEASURE VALLEY .., City ClerK .. City Tre»uror .rTN, P E. Clty Engineer ..: D. STUART, water works $uot. .JMN T. SHAWCAOFT, Walls Waler SuOt. KENNY W_ BOWERS. Fire Ch~el W.L. "BILL" GORDON, Potiee Chtel WAyNE G. CROOKSTON. JR., Attorney A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-a,s33 • FAX (ZO8) 887-x813 Public Works/Building Department (208) 887-L'11 GRANT P. KINGSFORD Mayor ~ ~D~ COUNCIL .vE!.+BE?5 RONAlO R TOLSMA MAx rERRtNG7gN ROBERTD CDRPtE WALTW MCRPOW C! ~....n-~ s>•.Rt srtLEs T1-' ~ ~7~ ~ Winer d ~Oninq AOm~n~stratOr 12R t'om'' +~ JIM JOMN$OV A~kJ ~ 9 Sp~atrtnan.ptamm~gS~~n~~g IJv C~~i Y t... ~3~~ S~Ils~2r iJ il~ TRANS~I~IITTAL TO AGENCIES FOR COMMENTS ON DEVELOP;~IENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9, 1994 TRANSMITTAL DATE: 7122/94 HEARING DATE: 8116194 REQUEST: '"' ' '- - BY: 0 LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and East of First __JIM JOHNSON, P2 MOE AUDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P2 TIM HEPPER, P2 GRANT KINGSFORD, MAYOR FdONALD TOLSMA, C1C BC`R CORRIE, CIC Wi1LT MORROW, C!C MA:< YERRiNGTON, C/C WA 1'ER DEPARTMENT SEWER DEPARTMENT BI:ILDING DEPARTMENT FIFcE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT -,-MERIDIAN POST OFFiCE(PRELIM $ FINAL PLAT) .__ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT ._SEZTLERS IRRIGATION DISTRICT -IDAHO POWER CO.(PREUM 8t FINAL PLAT) U.S..WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELlM ~ FINAL PLAT) CITY F1LES OTHER: YOUR CONCISE REMARKS: - U S WEST REQUEST A IO' EAS i t ALONG ALL FRONT AND REAR - PROPERTY LINES, AND A ~" - '- EASEMENT ALONG ALL SIDE LOT - - LINES. _ SIGNED: Yy ~ ~• 1 ~L'~ Y~~ , iL_ f~~ ~..~ .... ~Yd SZT~i0d2i0~ iQ-I ~ g ~ i a 1 ~ i~ .~ t 3 E 1 j ! ik 1 h i '~ 1 • 1 / ~ ~ ~~ ~ ~ ~~~ ~ a ~ 1 ~ E I ~e t I --r- - ---~--- ~ 7! ~ y - ~ ~ , ~ 2 1 1 i ~ 3 t ; = a .~ R ~ ~ s 1 a ' ~ .~ ~ ~ I ' ~ ~ ~ ~~ ' ' w ~ 1 Y/. ~ I ? ! ~~ ~. = ~~ ~ ~ r ~ v -- - , ~ ~ ~ ~ ~! ~ , r ~~ I~I ! w ~U i --~ev~O n c11 l~kil, 8 ~ telly y ~ ~ H w 1i ~ _ w • ~ / 1 }I ~ i 4~ 11 ~~ ~~ ~ ~ r_ / / ~~ ~~, I i ~~ y 1~ 1 1 ~i ~i yf I `.. ~...~..~ .Si ''1 HUB OF TREASURE VALLEY OFFICIALS A Good Place to Live WILLIAM G. BERG, JR., City Clerk S CITY OF GARY D. SM TH P.EYCity Eng Weer MERIDIAN BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, waste water supt. 33 EAST IDAHO KENNY W. BOWERS, Fire Chief W.L. "BILL" GORDON, Pollee Chief MERi.DIAN IDAHO 83642 e WAYNE G. CROOKSTON, JR., Attorney Phone (208) 888-4433 • FAX (208) 887813 Public Works/Building Department (208) 887-2211 GRANT P. KINGSI~ORD Mayor COUNCIL MEMBERS RONALD R. TOLSMA MAX YERRINGTON ROBERT D. CORRIE WALT W. MORROW SHARI STILES Planner & Zoning Administrator JIM JOHNSON Chairman ~ Planning 8 Zoning TRANSMITTAL 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 City Council, please submit your comments and recommendations to Meridian City Hall, Attn: Will Berg, City Clerk by: August 9. 1994 TRANSMITTAL DATE: 7/22/94 HEARING DATE: 8/16194 REQUEST: Final Plat for Honor Park No. 2 BY: William A. Hon LOCATION OF PROPERTY OR PROJECT: South of Franklin Road and East of First Street JIM JOHNSON, P2 MOE ALIDJANI, P2 JIM SHEARER, P2 CHARLES ROUNTREE, P/Z TIM HEPPER, P/Z GRANT KINGSFORD, MAYOR RONALD TOLSMA, C/C _BOB CORRIE, C/C WALT MORROW, C/C MAX YERRINGTON, C/C WATER DEPARTMENT SEWER DEPARTMENT BUILDING DEPARTMENT FIRE DEPARTMENT POLICE DEPARTMENT CITY ATTORNEY CITY ENGINEER CITY PLANNER MERIDIAN SCHOOL DISTRICT MERIDIAN POST OFFICE(PRELIM & FINAL PLAT) ADA COUNTY HIGHWAY DISTRICT ADA PLANNING ASSOCIATION CENTRAL DISTRICT HEALTH NAMPA MERIDIAN IRRIGATION DISTRICT SETTLERS IRRIGATION DISTRICT IDAHO POWER CO.(PRELIM & FINAL PLAT) U.S. WEST(PRELIM & FINAL PLAT) INTERMOUNTAIN GAS(PRELIM & FINAL PLAT) BUREAU OF RECLAMATION(PRELIM & FINAL PLAT) CITY FILES OTHER: YOUR CONCISE REMARKS: RE9UEST FOR SUBDIVISION APPROVAL PRELIMINARY PLAT AND/OR FINAL PLAT PLANNING AND ZONING COMMISSION TIME TABLE FOR SUBMISSION: A request for preliminary plat app-r•oval must be in the City Clerks possession no later than three days following the regular meeting o= the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting f ollowing the month the request was made. After a proposal enters the process it may be acted upon at subsequent monthly meetings provided the necessary procedures and documentation are -received before 5:~d0 P. M. , Thursday f ollowing the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision, donor Park Sub No. 2 2. General Location, South of Fran 1'n Road anti Facet ~f FirGi- ~t,-QAt 3. Owners of record, w; l ~ ; am n urn Address. 3010 W. State, Boi SP, T a},nZip 8 70"~ Telephone 343-7514 ~. Applicant, wi l l;am A gam, Address, 3010 W. State Boise, Id 83703 5. Engineer, Stan McHu rhi Goo Firm Ar; gqG fig; nc~Pr; ngr Tnr, Address 1111 S. Orchard, Suite 600 Zip837_~_Telephone 345-2~i81 6. Name and address to receive City billings: NameWilliam A. Hon Address 3010 W. State. Boise III'elephone 343-7514 PRELIMINARY~PLAT CHECItiLIST: Subdivision Features 1. Acres ~ ~R 2. Number of lots 10 3. Lots per acre • 75 4. Density per acre .75 5. Zoning Classification(s) CG ~ ~ ~ 6. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification~~ 7. Does the plat border a potential green belt nv, 8. Have recreational easements been provided for Yes 9. Are there proposed recreational amenities to the City NO Explain 10. Are there proposed dedications of common areas? non Explain For future parks? Explain 11. What school (s ) service the area Meridian School Dist. do you propose any agreements for future school sites 1Vn Explain 12. Other proposed amenities to the City Central Water Supply ~4e~~~ Fire Department (Hydrants) Other Explain Central Sewer 13. Type oz Building (Residential, Commercial, Industrial or combination ) Commercial 1~. Type of Dwelling t s ) Single Family, Duple:{es, Multiple:tes, other N/A 15. Proposed Development features: a. Minimum square footage of lot (s) , 41 , 842.55 b. Minimum square footage of structure t s ) Unknown c. Are garages provides for, N A square footage N A d. Are other coverings provided for ~1T~~ e. Landscaping has been provided for N/A Describe t2) ,i"1 ~ ~ ~, f. Trees will be provided 2or No Trees will be maintained g. Sprinkler systems are provided for No h. Are there multiple units N/A Type remarks i. Are there special set back requirements N/A Explain j. Has off street parking been provided forYeS , Explain Off street parking will be provided on each lot as the commercial lots develop. k. Value range of property Estimate $30,000/Acre 1. Type of f financing f or development N/A m. Protective covenants were submitted YeS ,Date 1994 16. Uoes the proposal land lock other property No , Does it create Enclaves No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and side to standards as required by Ada Meridian Ordinance. Uirnensions City Erigirieer. All sidewalks width. ~'. Proposed use is in conf or•rnance Camp•rehensive Plan. walks ar•e to be constructed County Highway District and will be determined by the will be five (5) feet in with the City of Meridian 3. Uevelaprner,t will connect to City services. ~. Uevelopment will comply witr, City O•r•dinances. 5. P•r•eliminary Plat will include all appropriate easements. S. Street names must not ca•r,flict with City grid system. (3) ~1 ~ S 89'33'57" E 33.00 c/L E. eowER STREET ~ N 00'29'06" E 41.77 S 89'32 46 ~J. w S 89'32'46" E 240.28 5_89'32'46" E 2_67.04 x 130.30 109.98 Ct1' G~ 102.68 122.65 41.72 ~ N`~ N ~ ~j r 50' O ~ \ ~ ?, ~ W "/ N I W W Z ~ ~ r.l ~ ~e ~^ n 22 h ~ 23 Ypr a°j N \~i~~ ^ ^I p O Fr p N IW ~ ~ \ g o z r Boundary LN4 130.02 130.03 ~ ~- C.nt4r Lin. S 9'20'JO( 260.05 M -- PUGIIC UtYlU44, Draino94 and Z \ I N 9'50'10' W 367.9b Irrlgotion Eoumml Aa W Oim.n.ion.d I 12283 122.83 1 Found Aluminum Cop ' ~ `-25.00 \J~• \ B ~ ^ I Found &oa Cap 4,, I ( Found S/6' Iron Pin I I \ \~~ ;'p7 Gound 1/2' kon Pin N 89'20'30' E ~ 280.03 8 W W Sot 5/8'x 30' tron Pln w/Cop ~,, ~ ,~ ;. ;. Sot 1/2'x 24' kon Pln w/Cap I '~"~~ ZI' 21 ~ n 20 ~ n \/ ~ s= ~_= h I N N a~ I 8 I 5 \~ \ ~ ~ 1• I$ I \ ~ I 0.00 \ ~~ 102.53 ~ 122.85 _ 12 L _._C2 Sonltary Sswer Eos4m4nl ao ~ $ - - ~o G'~ 24 19 N 8980' 260 05 ^ p 221.57 1,00 . 5.84 9.42 '"' y I 3 1 ~ rn 18 R ~ 4 ~L~lil~ , 8~ ~ ~ \~' ~. 14 ~ ~ 8 ~~ a W _Mg . I I ~"~ N F N _ ~ N 89'20'30' E 280.03 $ ~~ N 8980'30' E 241.49 W 13 fl M I lA l 32.28 W 209.2 t' N 0 Z ~~I ~° 3 S 8980'30' W 280.03 8 ~ W g$3 15 8 ~ N 89'51'12' E 228.iJ ~~ z ~~ z~ 0 a V N 89'20'37 E t 7 1262.95 440,26 9 18 i/ts Coma 30UTHERLY R/~N US.P W 2b1.39 2 ~ ~ 231.56 T O tp f M N~ I I °o^ 1 I z II~ \ ~•'I-- W z ~ l ~ ~ HUNTER LATERAL 18.34 61.2a 100.00 loo u ~ I ~ ~--19,30 S 8980'30' W 241.49 . 237,y ~ 2 ~ S 89'51 tr 2~W 220.21 ~ ~ x I ~I 2 I 3 I I ~ ^ iR I ~ I ~I ~ I~ lmta Lataa 4rgauan Eoa4m.nl g ~ I b I ^ ~ M)I N ~ W I s 8980'30' w 260.05 0° WI W ~ 17 ~Ig I ~ I-~-2aoo ..,._ . Iron p' N ~, ~ - I~ ~ 18 = _ ; .3 r _~~ ~ I 1 ^ I e I I 40• h ~ I ~ I yl ~ y .bs \ J RON PIPE ~ ,~3J` ~~;~~~,~'a J to ~ ~ 3' b0' S 230 23.77 240.48 ~,` 38.32 4. ~0" E 240.46 8'20 30„ E ~4T.3~ 283.06 3 .44 N 89'20'37 E 878.30 C/L E. FRANXIJN YYn~n 8 ~~ Attachment E Detail of Location of Hunter Lateral N a~ 00'29'08' E e ~~ ~ ~ 284.42 _ _ ~ e9~balo- E N 89'SG E. IQNG STREET N 89'S0~ x.00 ~ 100.00 ~ 100.00 12 !t~? 11 18 !0 b ~ ~~,~ J 18 S 89'47'03' E 174.09 23 5' 174.11 r Corrwr ~ BA.S/` n /1 ENGINEERING BF~IGGS~ 1 N C. July 8, 1994 The Honorable Grant Kingsford, Mayor City of Meridian 33 E. Idaho Street Meridian, Idaho 83642 Re: Honor Park Subdivision Dear Mayor Kingsford: In conjunction with considering approval of the final plat of Honor Park #2 Subdivision, the developer hereby requests that Council consider waiving the well development fee for all phases of Honor Park Subdivision. The preliminary plat of this subdivision was approved in 1992 as I-84 Business Park. The basis for this request is two-fold. In 1975, Mr. Hon donated the land where the water tower is located to the City at no cost. While there was no written agreement for future consideration by the City, there was an implication made by Mayor Storey to Mr. Hon that the City will take this donation into consideration when Mr. Hon developed the rest of the property. Mr. Hon was satisfied with Mayor Storey's comments because he (Mr. Hon) thought he would develop the property within a few years. Unfortunately, this did not happen. However, the City has implemented a well development fee and has chosen to assess this fee to commercial lots as well as residential. While we agree with the reason for the well development fee, we feet it is not appropriate to charge this fee to commercial lots at the same rate as residential lots. Mr. Hon is not requesting that this Council honor something that was said over 18 years ago, but he does request that you consider this with the second item I will discuss now. The City has requested that Mr. Hon provide an easement through his development to allow another access to Storey Park. Mr. Hon is willing to do this. In fact, an easement for this purpose is shown on the plat of Honor Park No. 2. Also, we intend to meet again with Gary Smith to finalize the location and form of the access. In summary, we ask that Council waive the requirement of paying a well development fee for any lot in the approved preliminary plat of I-84 Business Park. 940316 1111 S. Orchard, Suite 600 Boise, Idaho 83705 • (208) 344-9700 Fax# (208) 345-2950 ,~ ^ ~ ~ BRIGGS ENGINEERING, INC. 1111 S. Orchard, site soo • Boise, Idaho 83705 • (208) 345-2881 FAX # (208) 345-2950 Please note that this fee was paid for Honor Park,#1 and we hereby request return of this fee as well as waiver of future fees. Thank you for your consideration of this matter. Sincerely, BRIGGS ENGINEERING, Inc. ~~ a/"'C Stan McHutchison, P.E. 940316 ~ r n . STATEMENT OF COMPLIANCE HONOR PARK SUBDIVISION NO. 2 1. Street plans are currently being reviewed by Ada County Highway District. 2. The proposed commercial subdivision is within a GC zone (General Commercial). The surrounding area is developed with commercial uses and the area is designated as a corporate park district in the Meridian Comprehensive Plan. The proposed final plat is in compliance with the Meridian Comprehensive Plan. 3. The central sewer and water facilities within the subdivision have been approved and constructed. 4. The proposed development will comply with all applicable City Ordinances. 5. The necessary easements are delineated on the final plat. 6. The proposed street name is in compliance with the City Grid System. 940316 n ~ N ^, W O z~ z~ ~~ oZ ~ ~ n g hMti ~ 4 ~ ~ Z g W ! ff./'~3~ OJ S = J~v11IS ~ a ~m .~ ~ ~ '~ ~ a g o a z $ ~i ~ $ ~ ~ za OF x~ ~~ /"1 E ~~ L " _ ~~ ~ : ~ ~c~~4~5 • ~ ~ ~ r ~io'~~v ~u • ~ €~~5t~~~~~~ 00.•°'{~ ~~O,. g •e d z t0'l9Yi 3.9Q .LZ AO N ~_ (Dl01M3Y !D SE1Y~ . tZ'0-C ~, iCrGZ.00 S Idl ~ I cr~u ~ ~ II k I I 1; 1 ~I I ' j ~ n II II 11 I e ~ ~ ~R I I `~ wycRm M 1 1 1 I I I I I~I I I I ~ n ~) II I ~ I ~ I L9'~ °rl I I alai "'~ _ m M 1 ~ b lA I ~ ~ ~ AI~ A o n 81-J I I ~ ~ ~ i ~ ~ ~ e 1^~ ~ r ~~/~ s~~ ~ " ~ '~ I ~ ~ev.carc nsao _ ~ I ~ ~ II 1 I I ~ ~~~ 11 I ~ ~ ~~ ~ n ~fk~r~~~~ p t A_ ~% ' F < MI I ~ ~ ~ W msst I •P~Ft LO M I n I I II 11 I ~ I ~ ~~ ^ sl I M moan nn lieu g 3.LO.ICm N M,£O.Qr.OG t'ON N06KImf16 ~IYd ibIDN z W~ /~ ~~ C F U °' ~~ e ~~ zO 8 y o ~`jj pL CW, ~~v A 0 od ~t'o ~pvTjl m U 0 ~o ~9 d NCO ~ m ..... ~~~>~.~~ k$Ge70 ~Y§liYfih s:.ra R8i_^ di!''S~1 ~~y~~~A ZpS:sS ~i:•«ftA 888888 ~AA~R~#~ xkb~~l tt :ghFii ~~ n~~~ a 6 5 ~ ~~ ~~° o ~ p #~ #: _ ~ ~ 5 a° ale ~ ° € r5 S fibs ~ g ~a ~~~~ ~~ s a~ ~,~~ r e s ~ ~~s ~~ a Se .i.~~S~~~B ~S~F ~b yi~s $ se~° @~$53~~~ 5'~~°,H S6 ~ 5;5 s~~~+s~ EB6e8jc_ S i 9R •ar ~ a ~~ st~g5~$~~~~ ~~~6zi~~~~~~ ~~.~,o,. .,~.. ,..~. -' m~ ~~ '~ti~AJ ~d a7W ~ a~6~~~/ I0~1 ~i ~~s $ ~ g A II ~I \ t F I i 1 ~ ~ ~ I I O~ I F ~ ~ ~ ~ ~ ~ I ~ I ~ E ~ .~ ~ I, ~ ~I e ~ rw i ~ ~ ~ s ,~ ~ ~~ ~ ~ ~ ~~ ~~ ~ I~ ~~ I s ~ ! 4 ~ ~ ~ ~! ~~ ~ ~~ /... --~--- ---~-- ~ ~ {_ ~ ~ i is ~ ~ I ' I . ~ ~~ r ~. Q~ it I ~././: R ~~~~ ~ ,~ ~ ~ ~ t ~ ~ ~ ~~ ~ ~ ~ ' w w / / ~ 1 f--M/ppJ311 GL t ~1 j,~ ~ ~~I ~ ~ ~ ~ ` ~ ~ ~' '~ ~ _.._.._--- _--_-J f.._ .t -_ i ~ M ~ ~ ~ ~,,~, ,~ ~ •'' `~ ~ 1 '~ 1 1 o i~ ~ ~ 1 ~~; ~ ' ~ V 9 ~ - - - - iiii ~.Z 1s ~~'~'A~ ~~ ~~ 0 ~°Z.~d. ~Q. ~_ "'~ . . Q ` ~ ~ ~~ ` y ~ H ~ V 0 -'~-; : _ _~' . zo'F6~ c~-v~.c~-arls m r I ~ i Y U U m m ~ I /~ i z J W 3 0 f- w Q / m ,~ G Z ~- Y a ~. a ~, w Q rh ~ O ~ 0 ~ ~ -. Q ; , M {.L ~.. O ;~~ ~ c 3 1 s-ati z ~~ ~~, ~`' c:.A ~I 7 ~. ~fI `_' J `' ' ' ~ U 1. N I i _ 1 _ I `~~MHJ 1 c^ ,~ t t! ti ,ZC ~ .SOZ ~ ~ I ~ M • ~~ ~ i ~. h MM ~ '~~ ~ N ~! ~ 1 ~ ~ w C_ ~~ .92E ~O ;~ ~ • I ~ /, r., IH ` 1 J ~ i -ti~i~i ooz ~o ,a Q to o-i ~ :ai5 DEED .S jfL1~G R'_-r.r:::0iiDED TU c:i.s.:,_: :'r.. __~,... __s:;.:: p_o~764 j'q OF P:.RCE:. C, ~y~ FOR \'ALIJE RECETI'c"D PIONEER EZCHASOE CORPORATIO!t, an Idaho corporaclon, do herebx convn•, neae. retnue and (oeeaer qun cia~m Sts entlze Snterea[ v!:Seh is an undlt•Sded Vin; ~_ atereac i~ parcels D ~, .tl. o the attac a ~e~a aescz?,~tion See the attached Etchibit ^A^ for legal description, rhleh Sy thla ~; a. R. a; ~, ~. ~~ f.• AeOWSiM F..... .. - DATi .Q ~x Z toRet-r. ritF. tnnr 1;purtenancet. ~~~ R3 Dur_': - ~ .. N. V~+-i~.~~V~-~-N QUITCLAIM DEED j ~so oo~J~ _ :<C.'t:7erest 'a arcela A, B C 3 ~ of the attse~ed a a3 esc.' t11on and an undivided; ~: S.Z:.:.IA.Y E. CORRIS, . an unmarried man, .s ' `^~adaralu P.O. Boz 146, Sun galley, Idaho 83353 =3 4" _ tix :ouo.ittq dacnLtid'.`te-'^m. to.it: `3. _ refezeace L Sacorporated herein. l; ,' ~i y .s ~. ' ~ A3a Cr_~ty, kltJts et ifi~ - _ ~ ~~ :; EfR Ti r ^7 AdaCssrll~ bhp $ ~' n ~~%'; 3 0.,~ `, ,y ~~ PIGWFER Tt;~ tp, __ r~=•~ ., ~~ ;fit ~ ~~ ~ i.a;f p~ R&~ p ~I 3 ~' 0y T- s ~ January 30, 1990 g Dr 3 '~ y s 1 3 yamea ?. SpeeE, Preeldent Rucv 3e er. ;.~.... ACfi.\OV,'I.EDG3iE1VT-l'orporate ~ TaTE JF ~.aHO Conntp of sLaTCv , as. '7J ~' / On ttia I day of ~'^""="'" ~"'x" , in the yesr of '-°90 , befotr the . ~ notary pnbli4 . petsoaally appeared James P. Soeek and Ru*~e 9eckef • • irnoK•rtoridentitSedtotnetobethe President and the Secretarv •"'1y'. of the earporadon that e:ecnted the instrttment or the person a rvho exeoted the it}~ 4e~saif st said to-poration, and aclntwvladRed to the that sue3t cort~esien~~eeute~l.the s7<~". ^"''" • 3 ResidinE at: _1J~'~pUGC ~ ; ~ ¢~ ~ t ;1 - ~t Commission Espir_s: l'~ ~- ~%~ ,_ __ ~ ~ PIC1 ~~~ i Cc~,~~~ i -• Oi FDA C.'7UKTY • ICl V1'ea Suee Sues ; Hens. 1.Lhe 13~L' r'_Ott '?F-A~'t0 ~ ~.rlt Cok Rees i Berme. fdMe 63701 ~ ('.061 377-:;pD .. i"1 ~ ..~ E~iIBZT 'A' PARCEL A: THH NORTH81tI.Y 513.94 FEET OF THE SOUTaF01S? QUARTER OF THE ?10RTHWEST QUARTER Ot SECTION 18, TOWNSHIP 3 NORTH. RANCE 1 EAST, LYINC WESTERLY OP THE MESTERLY LZNS OF THE COUNTY ROAD (STRATFORD DRIVE)- PARCEL B: THE NORTHEAST QSJARTER 0! THS NORTRWEST QUARTER OF SECTION 18, ZN TOWHSHZP 3 NORTH, RANC8 1 EAS? OF THH HOZSE-MERIDIAN, ZN ADA COUNTY, IDAHO, EXCEPT SHQSB PORTIONS OF SAZD TRACT DESCRSBEa IN HOOK 170 OF DEEDS AT PAGE9 96 AND 241, RECORDS OF ADA COUNTY, SSA?E OF ZDAHOs AND EZCEPS BEGINNING AT THE SOUTtlUiEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QU7-RTER, SHCSZON 18, TOWNSHIP 3 NORTH, RANGE 1 87ST, BOZSE-MERIDZAN, ADA COUNTY, IDAHO, THE REJ-L POIN'! OF BEGI?RIZNG: ?HENCE NORTHERLY ALONG TH8 WES?ERLY' BOUNDARY OF SAID ?IORTHF.AST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, A DZSTANCE OF lOSO FEET TO A POIN? ON TH8 NORTHEASTERLY SANK O! A STREAK CALLED NINE MILE CREEKS THENCE EASTERLY PARALLEL TO THE SOLR7sERLY BOUNDARY OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER, SECTION 18, A D25TANC8 OP 622 FEET TO A POINT: THENCE SOUTHERLY PARALLEL TO THE YESTERLY BOUNDARY OF SAID NORTHEAST QUARTER, OF THE NORTliYES? QUARTER, SECTZON 18, A DZSTANCE OF lOSO FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF SS1ID NORTHEAST QISARTER OF THE NORTHWEST QUARTER, SECTION 18J THENCE WESTERLY ALONG THE SOUTHERLY BOUNDARY OF THE SAID NORTHEAST QUARTER OF THE NORTHWEST SECTION 18 TO TH8 REAL POINT OF 88GINNING. AND EXCEPT THE NORTHERLY 2S FEE? CONVEYED TO STATE 0! IDAHO BY DEED RacoRaED UNDER ZNSTSUMENT No. 130137 (BOOK 182 . ~. or DEED A PAGE X90). PARCEL C: THS NORTHERLY ~30.~9 TEE? OP ?HAT PORTION 0! QOVLRNMENS' LOT 2 IN THE NORTHEAST QUARTER OF SEC220N 18, 'TOWNSHIP 3 NORTH. RANGE 1 EAST OT THE BOISE-MERIDIAN IN ADA COVNT1f, ZDAHO (THE SOUTHERLY LINE OF WHICH 23 PARALLEL TO THS NORTHERLY .?~. LINE OT THt SOUTH HALT OT SAID NORTHWEST QUARTER OT SECTION •~b'' 18, EXCEPT THAT PORTION LYZNO WEST OF THE EASTERLY LINE OF -`~: STATE HIQHNAY 69 AND ALSO EXCEPT THAT PORTION CONVEYED TO ••`'`~ THE CITY OF MERIDIAN HY DEED RECORDED PLAY 27, 1976 UNDER I1.5TRUMENT NO. 7620286 `za t PARCEL D: ww ?u~c.~OF LAND BEING ALL T11A'r PORTION OP 7HE NORTH HALT OF Tlis - NORTH HALF OF THE SOU7'}lEAST QUAR':!'.R OF THE .°.OUTHEAST 4UARTEA OT .: SECTION 18, TOWNSHIP 3 NOR'rli, I'cANCE 1 EAST, DOISE-MERIDII-N, LYIIIC NORTH OF THE RIC}lT OF WAY IIOUIiDwuY OF INTEltS'TwT£ BON. PROJSL7 NO. 1-e0-N-1(1.9)45 HZCHWwY ::UltvL'Y: AND BEGINNING AT A POINT ON THI: SLC'r1UN LZHE WHICH BEARS SGUT» 0.18'50• WLST, 1,11S.i.~ l~l:Lr F1tDN THE QUARTER SECTION CORNER COMMON TO SCCTZONS 17 AND 18• TOWNSHIP ~ NORTH. A7WCt 1 EAST, DOIS@-MfiRIOZAN; 'rIIGNCI: SOUTH O• lA' n0" Wt:z?, ALONG YHt: c:tCC'1'ION LING, 314.40 -CET TO THa SOU?H SIXTL'CNTH EtiCTION CCtuu:lt COMMON TO SIICTION3 17 J1MD l~! THIINCS SOUTH 89.25'50• WC3T, ALONG TlII: t:1XTL•CNTH SECTION LINL• 1,~ZS.=0 -QCT 9'C 'rHR OOYTtu:w~S9' AiX'1't:~l+'i'H at;C'riON COttNRtl OY OAip SECTION 18; '!'tIENCL• NORTH 0.17'10" IIA9T ALONG TnC ".IX'rI:ZNTH IICCTION LiNt, 1,9N.~3 FCET TO THE EAST CtNTL'R S1XTL'1:NTM SECTION CORNEA OF SAID SECTION 18J THENCE NORTH 89.20'43' EJ-rT, 688.12 FCCT •r0 A POINT ON T!!8 CENTERLZNS 0~ A CERTAIN IRRIGATION LATklcAL; THENCE SOUTH 23•d2'10" EAST ALONG SAID CCN'r=1iLZN£, 656.1= FEE? TO J1 POINT; THENCE SOUTH 33.56'30" LwST ALONG SA1ll CICNTERLZNE, 392.37 FEET TO J1 POINT; THENCE SOUTH 3?•Ol' 10• EAST AlANC SAID CL:IYTL•1tLZNlI, 171.89 FEb7 TO 11 POINT; THENCE SOUTH 55.58'10• EAST. Gd.29 FL•E1' Z'0 THE POINT OF SECINNZNQ. PARCEL E• A ?AFtCcL•OF LAND IN THE NORTH£AT QU~IRTEA OF THE SOUTREAST QUARTER OF SECTION 18, TCWNSHIP 3 nGitTH, RANCC 1 LAST OF SOISB~ MERIDIAN, IN ADA COUNTY, IDAHO, DC3CRI9ED AS FOLLOWS= 8ECI11NINC AT A POINT ON THC SLC°IGN LINE WMICH DEARS SOUTH 0.18' SO• WEST 303.]5 Ft:t:r 1'u0M THE QUARTER SECTION COANE1t COMMON TO SL•CTZONS 17 ANO 10, TOWNSHIP 3 NORTH, RANCS 1 EAST, HOISL•-MCRIDIAN; THGNCL• SOUTH 89.23'50• WEST, 516.28 FELT TO A POINT; ?HENCE NORTH 23.42'10' WEST, 55.36 FL•L"! Z'0 A AOINT; TRENCH NORTH 89.23'50• EAST, 43D.42 FLL"P '1'0 A POINT ON SAID SaCTZON LZNEJ THENCE SOUTH 0.28'50' WEST, ALONG THE ~LC'1'ION LINE 50.01 FEET TO THE POINT OF BGCZNNZNG. ;.ECAL CCNTINUED PARCEL F: 8L'GZNNING AT A STONE AT T11E NORTIIUEST CORNER OF THE SO QUARTER OF THE NORTHEAST QUAiCI'L'1L OF SECTION 10. TOWNSHIP 3 ~~ RANGE 1 EAST,. BOISE-MERIDIAN, ADA COUNTY, IDAHO, SOUTH AIAlIC QUARTER SECTION LZHE 7.46 C1u.IN:: •lb A°.TONL', THE' RF~L POLY? OF H£GINNZNG: CONTINUING SOUTH ALONG SHE QUARTER SL~'ION LS»Z 3.85 CttAINS TO THE SOUTHWEST CORNER OF TltE tiOCcT1tWCSS QUAttTER OF THE SOUS!!fA`+7 QUARTER OF SAID SECTION 10: TlIENCE " EAST ALONG THE SOUTH LINE OF ;;AlO NORTHEEST QUARTER OF THE SOUTHEAST pUARTGit OF SL'C:lON 10 A DISTANCE OF 20.07 CHAS TO THE SOU'lt!£AST CO1tNl:it Ob' ::AID NOitT7l4L'ST QUARSCR OF SHE SOUTHEAST QUARTER OF SAID S1:CTZON 1C; THENCE NORTH ALONG THE EAST LINE OF J-ID NOIYfHWLST QUARTER OF THE SOUTHEAST QUARTER AND T1lL ::VU'triWEST QUARTER OF THE '. NORTHEAST QUARTCR, 32.C. CtU.INS SO A STONE: THENCE WEST PARALLEL TO THE NORTH L1NC OF THE S0~ l1~0 S ~ ~ OF SA=D SECTION 18, A DISTANCE OF =U.10 CHAI BEGINNING. PARCEL G: 'THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEASS QUARTS O SECTION 18, TOWNSHIP 3 NORTH, C~~NGE 1 EAST, BOISE-MERIDIAN, AD71 COUNTY, IDAHO. LYZNC NORTti O1' It+'1'EliSTATE IIZCI:WAY N0. C4, ANO SASS OF THE CENSERLINC OP NINE MILE CItL'EK. " EXCEPT DITCH, CANAL. WAT.R :.t:D raINERAL RZCHSS.