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Olson and Bush Sub No. 2 FP 00-011"'"~ ~ `:QTY CLERK FILE CHECKLIST - Project Name: Olson & Bush Subdivision No. 2 File No Contact Name: Briggs Engineering /Richard Cook Phone: FP 00-011 344-9700 Date Received from Planning and Zoning Department: Planning and Zoning Level: Hearing Date: , June 23, 2000 ^ Transmittals to agencies and others: n/a ^ Notice to newspaper with publish dates: n/a and n/a ^ Certifieds to property owners: n/a ^ Planning and Zoning Commission Recommendation: ^ Approve ^ Deny Notes: No Public Hearing at Planning and Zoning level City Council Level: Q Transmittals to agencies and others: Q Notice to newspaper with publish dates: ^x Certifieds to property owners: ^ City Council Action: Hearing Date: August 1, 2000 June 26, 2000 r1/a and n/a n/a ^ Approve ^ Deny ^ Findings /Conclusions /Order received from attorney on: Notes: Findings /Conclusions /Order: Approved by Council: Re~i°~: Original Res /Copy Cert: Minutebook c°py Res /copy cen: city clerk ^ Co ies Disbursed: p aty Engineer City Planner ^ Findings Recorded City Attomey Sterling Codifiers Project File Development Agreement: Copy Res /Original Cert: ^ Sent for slgnatUre$: Ada County (CPAs) Applicani(non-CPAs) Recorded Ordinances: ^ Signed by all parties: original: Mi"uteb°ok Copies to: City Clerk A roved b COUnCII: pp y State Tax Comm. Sierling Codrfiers ^ ReCOrded: City Attomey City Engineer ^ Copies Disbursed: City Planner Pr°jectfile Applicant (if appl.) Ordinance No. Resolution No. Findings/Orders: Original: Minutebook i c t A li t ^ Approved by Council: es op °: pp can Project file ^ Recorded: Deadline: 10 days City Engineer City Planner ^ Published in newspaper: City Attomey .. Record Vacation Findings'" ^ Copies Disbursed: Recorded Development Agreements: Original:Fireproof File Copies to:Applicant Project file Ci E i ty ng neer City Planner City Attomey ~ ~ HUB OF TREASURE VALLEY MAYOR Robert D. Corrie A Good Place to Live CITY OF MERIDIAN CITY COUNCIL MEMBERS Ron Anderson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 888-4433 • Fax (208) 887-4813 Cherie McCandless City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 26, 2000 Hearing Date: August 1, 2000 File No.: FP 00-011 Request: Final Plat of 10 building lots and 1 other lot on 14.39 acres for Olson ~ Bush Subdivision No. 2 By: Ronald W. Van Auker Location of Property or Project: north of Franklin Road and west of Eagle Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Building Department Your Concise Remarks: Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 " no FP y''~CEI~T~~ R.-.JEST FOR SUBDIVISION APPRC ~ L JUN 2 p [u~u PRELIMINARY PLAT AND/OR FINAL PLAT CITY OF N.tIERIDIAN I'LANI~TING & ZONING PLANNING AND ZONING COMMISSION MQO -~~ TIME TABLE FOR SUBMISSION: A request for preliminary plat approval must be in the City Clerks possession no later than three days following the regular meeting of the Planning and Zoning Commission. The Planning and Zoning Commission will hear the request at the monthly meeting following the month that 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 5:00 P.M., Thursday following the Planning and Zoning Commission action. GENERAL INFORMATION 1. Name of Annexation and Subdivision: Olson and Bush Subdivision No. 2 2. General Location: SE '/4, Section 8. T3N R1 E ( N. of Franklin Rd & W of Eagle Rd 1 3. Owners of record: R2 Development Inc. Address: __ 3084 E. Lanark. Meridian ID Zip 83642 Telephone 887-7994 4. Applicant: Ronald W. VanAuker Address: _ 3084 E. Lanark, Meridian ID Zip 83642 Telephone 887-7994 5. Engineer, Stan McHutchision Firm Brigs En ineerin~ Inc. Address, 1800 W. Overland Road, Boise ID Zip 83705 Telephone 344-9700 6. Name and address to receive City billings - Name: _ R2 Development Inc. Address 3084 E. Lanark, Meridian Id. 83642 Telephone 887-7994 PRELIMINARY PLAT CHECKLIST: Subdivision Features 1. Acres: 14.39 2. Number of building lots: 10 3. Number of other lots: 1 4. Gross density per acre: .69 5. Net density per acre: .69 6. Zoning Classification(s): IL 7. If the proposed subdivision is outside the Meridian City Limits but within the jurisdictional mile, what is the existing zoning classification? N/A 8. Does the plat border a potential green belt? No 9. Have recreational easements been provided for? No 10. Are there proposed recreational amenities to the City? No Explain 11. Are there proposed dedications of common areas? No Explain For future parks? No Explain 0313 \SUBA PPI,-ME R-final (1) 12. What school(s) ser ,-. the area? N/A ~ ~ do you propose any agreements for future school sites? No Explain 13. Are there any other proposed amenities to the City? No ,Explain 14. Type of Building (Residential, Commercial, Industrial or combination): Commercial & Industrial 15. Type of Dwelling(s) (Single Family, Duplexes, Multiplexes, other): N/A 16. Proposed Development features: a. Minimum square footage of lot(s): 1.055 Acres b. Minimum square footage of structure(s): Unknown c. Are garages provided for? No Square footage: N/A d. Has landscaping been provided for: Yes ,Describe As required in conditions of approval, each lot will be required to provide appropriate landscapin (g 10%) _ e. Will trees be provided for? As required, Will trees be maintained ? Yes f. Are sprinkler systems provided for? Unknown g. Are there multiple units ? No .Type: N/A Remarks: h. Are there special set back requirements ? No Explain: i. Has off street parking been provided for ? Yes Explain: Each lot will provide appropriate parkin j. Value range of property: Unknown k. Type of financing for development: N/A 1. Were protective covenants submitted? Yes ,Date: With final lp at application 17. Does the proposal land lock other property? No Does it create Enclaves? No STATEMENTS OF COMPLIANCE: 1. Streets, curbs, gutters and sidewalks are to be constructed to standards as required by Ada County Highway District and Meridian Ordinance. Dimensions will be determined by the City Engineer. All sidewalks will be five (5) feet in width. 2, Proposed use is in conformance with the City of Meridian Comprehensive Plan. 3. Development will connect to City services. 4. Development will comply with City Ordinances. 5. Preliminary Plat will include all appropriate easements. 6. Street names must not conflict with City grid system. 9-604 B PRE-APPLICATION MEETING The developer shall meet with the Administrator prior to the submission of the Preliminary Development Plan. The purpose of this meeting is to discuss early and informally the purpose and effects of this Ordinance and the criteria and standards contained herein, and to familiarize the developer with the Comprehensive Plan, Zoning Ordinance, Subdivision Ordinance and such other plans and ordinances as deemed appropriate. The developer may also meet with the Commission or Council prior to submitting an application. 0313\SUBAPPL-MER-final (2) ENGINEERS /PLANNERS /SURVEYORS June 7, 2000 Ms. Shari Stiles, Director Meridian City Planning & Zoning 200 E. Carlton Street, Suite 201 Meridian, Idaho 84642 Boise, Idaho 83705 - 3142 Voice (208) 344-9700 Fax (208) 345-2950 E-mail briggs@micron.net Re: Final Plat -Olson And Bush No. 2 (Statement of Compliance) Dear Shari: This Final Plat and variance application for Olson And Bush No, 2 comply with the requirements, conditions, and provisions of the approved preliminary plat and the ordinances of the City of Meridian, as discussed and approved by the Meridian City Council. This Final Plat also conforms with Title 50, Chapter 13 of the Idaho Code and was prepared in conformance with acceptable surveying practices and local standards. The approved construction plans were designated in accordance with acceptable engineering practices and local standards. With respect to the other required Statements of Compliance, we offer the following: The proposed streets, curbs, gutters and sidewalks will be constructed to meet the standards of the Ada County Highway District and City of Meridian ordinances. 2. The proposed use conforms to the policies and goals of the Meridian Comprehensive Plan. 3. Connections to City services will be provided and any development on these sites will utilize these connections. 4. The development complies with City ordinances. Appropriate easements are addressed on the Final Plat. 6. The proposed street names reflect previously approved names and names in alignment. Those names appear on this plat. Sincerely, BRI S ENGINEERING, Inc. • ~~ ichard A. Cook Land Use Planner/Project Manager RAC:fc 0313\Statement-Compliance r'1~-R- G1 - GCJClCJ 1 ~ VJ i~ ~ ~~ A Ptonsor Company PIONEER 'IYTLE COMPANX of ~aA oounTV . 8151 wat RiAeawa Street /Boise. Idabo 83704 / Tekptfooe (208) 371-2100 ' FAX COVER 3HEE'f p~4; April 21, 2000 1'lme. 5:00 To• Brad `iillcr Phonr. Fa>c Htf7-79`18 __ Frain: Harold Huston Phone: 4083733679 FaJC: 208.373-3~ E-Mail:_ edctr~DloneettstlACO.Wm ~: ro~ES Tcl: ' '- 131LL~~- Numbex ~f E~"~"'g ;nclucfine cancer sheet- s _ n~AN i i AN~~ Frog a seat quick look ac the recordt; it: appears ll~l the oAVET~ - • --- G2c'KY~-' rr~mJeat you are lookicR for Woo relessed. See the KENT-_~ KUKT~ fctLlaving. Thank 7ou. MIKE~~" 1ANE~ RPfii~~ F~ pppg(NAL • JOB Nqq..^^.~~..+"'~~ V~~ ShoUIG you Hanotd Huadon 206.3733679 trBnSttJISSIOA l O ~ ~"N-~ p ~ l~'~vt~-t--tk.-~-tTr `i-b `t-t,-4-~ ~s> cr-~- c~~ ~ ~ ~ ~,•~_ ~~ rare- ~" tom'-A~t- ~l~It'r''- _. r ~ •~] U ' i ~ ~< - ,-- ~ HBQ96gg WARRAN'T'Y UEEU , Far Valra R.cahad 2tODtRT 7. ILAC2SOCTI, Jlt_ , ^na [:UUKIilI r~ a/ wpE1T, Luaband anA trlfa, Iba fR1Vnf ^, M M1etr~ jllllt. M!>ef 7, Mll aD6 MaM~ Bata J>,3~0 D, GA3iL7iM Md ZQ1rQ~ ?. BA1LE1-f11, ttu aLrwnd vend ^t fw, aC~re aee ~ A, 0.i 3>zW 1awa, Ddaa~3d0.1or8,7"~ t-a oatlaa a, tla la8r•iar< 1aan~d aee~Sa•a, 1o-..k: Tha IiortA 600 felt of the follaril,v ~ea~, :!,cd yruE,.,--y A troct of lu,d In -h- F tr1 of the ni ifa et Lort~o„ +, Svrurl,lp 1 Ro-t;e, lnnga 1 uet, Y.N., 11da County, Idaho, rvOr'e j+arc!cclarly aeeeribea ae tOIIOxa: CoeanpnCing at the ecct.jva corncz cw:wvn to Scctlora E, 9, 16 and 17, ';. 3N., 2;. 1L., b.lS., Ada County, InAl+n: cl+enc. 3. 61.32' K., along tb• fenn-lKrly litw o1 ca>e Section a, 871.18 fort rn the real point of begtnwingi tT-nCR continua s. a9`J1' v„ 300.00 feet to a point; t3~anca N. 0'28' p., 290. r0 foal to a point, thence S. 19.32' 49., 299,65 feet to a yvint; thcrace S. 0.23';3' 8., 12.80 feet to a point; thence N. 72•)1' K„ 257. SO feet to a ppyat; thence IG. 8q•llf' w „ 1?0.l0 fast Le t pcl:tr thence R. 7t°SD' w., 33.5 feet Co a point, tt,anca W. 30`02' k., 35.2 feet tD a point; thence F. 6'DB'31` N., 75).62 feet to a po:at on the southerly rjq;et_o~_„ay lint of t.`>te Or egon Short .., ne Hr nt.cl o: the Oc~ioa laclfic RailroaC~ t-'+rne- ~. HY`o:' 1=., etong s:id right-of-vey line, 1071.86 tact to a ,x~:r.:; thence S 0.28' E., :12'J.14 foot t:o the rt0.1 point of beoinnioa. Subject to ta~cmcnta of record or in ~a~. Together Diet, aii va•er, ~a.pr rfnnte, eitchae 0.nQ ditch rightc ~f vay nr.f.urcanant tter_veo os COAn et tee :3>,eze•<: th. TO HAt`E ANC Tll vnLl, :M .sad p+arru.ar, .',rL tA•,t aDDUrt~aaaoaa veto tAr aa+[ 1. real.. ; !ltei7 Aar. vna ~,,,~ for c°e.. Ml 4• wf (:rratm C ~e evroe, oo. vacnl W aa~ .nG the a..id 1: mateE ,love' Ac ;' iza th; o.~ner C u (c< eim pn •1 ,.+d pre over ~; titer .rid prt'mix. arc fnc from o!! ,acum~r<•nc d znn tee[ l7Nr y hll 1ll:Tla1 aM A•1lnn Ifl• czma imtr UI laver rtl P1•rw+t ,rn •t wvr [triM~ JIDrl1 '7, .~ I Y/a 1' f4 1./if,•J I,~ :%I_%'ld~;ll~ /1444. 7 a _"~ , T _ i/~ _ - fir('' _ . v, a, /. Ul ILe2lO. ~/IYl'7 OI X11 3TA TE V1 1Uw N,r ,iii . i . ,~ l ,rr n.a ~~~ l' Cyr of A[~r:l ~7a 7 amely' f .., h .. ,. ./.a n,.e fu .....I .. ~2~. a,~ .. ,.0.,'7 aunnr ,.. r,n ,ro o,. v.v. ir~^`•g7 rw...nurar.~oL~..v' ~/ La,~(~+, i ~-] RObLttZ b. 7Lf~GriCII'.', .ir.. ~nC '~ _.,y. r ~u ti....., ~... /~_,,,,,.a~ f ~ ;UC'RUA -. T`AC HGUl. hu cc.ar.a .uta ~ ,~,yJ ... ,,>,a... Ll a,., L,.~,,, .. ~-•-4 II -[ v'1 La. ,., i r ~ _ ..~, ..f D..,L .. y.a. Z anew tr_pr r.Z. W ~+wo : .Co 5 r n•m< ~ a: a ~~h' P .wrrna.FYFtar .A1ak ia•ovrn<ac rsC Kue. sere: to °'ESr~~:i a,r ~.: - ~al~rbr~`r ura[re a< rR,r , C.~~la• R.r.rd.r ~... - ' . i Ir...m,~. -BOlsq` le.a. i rM 1 1-kZ ii~cur,• r...•. ~... ~, ..r,-w ,m ,., v..b.,~. ... .,. 4w 880968 ?23;i,C1188 of usr.^¢NT aw-ea.. ~ . n.aan.. p • ' •«»~ ;.w >••a .~..~.~. w.-...i Sba ~rsigaea, RoilcRS s. 'fEAC80DT, 33t., aad GQDRUN T. '~~0'0?. ane vile. do IItreby rtlcaai auto JAlQS s. ~~ ahd ~D p- SdRS1Yt, h4abaard and rife, tIl~ follet+inq dearrlbea taa~ent xhich xaa re rued by th!! ip that aeruin Karrwty Oee3 dated April ~4~, 1971: That certaia uaement for lbgrsss a8d egress orer :; re East 60 feet O! the tolloving deacriDeG lroperty: a tract of IwM in the b 1/2 0! tAa se Zia o! seecloa Y, TovnsaSP 3 tlorta, Range 1 tut, D.N., >,da Cooaty, InahO, amore particularly descr:hrd .. .ao.levs: COawsnclno at ~n 6lctioA corner ca7mon tv Sectluns S, 9, 16 and 1T, T. ~., y, lE., 8.9., A3a County. I~bo~ ihenc- ~' g~'3z' 4., alOnq the aouther!y lent o: saSd Section a, C71.1o Ecct m the zeal kwint o1 bagtn m nOr tbcnac coatiatoe 9. i!'32' M., lON. u9 fp : tea Roint: t.hcacc x, o-ZI' x., zvn,~u test to a pone; LhCin:e S. af•~z• w., 299.65 Poet toe point: thence S. n•il•S?• t., 1:.60 °cct to a ~,tc-• thane u. rz.j7. k.r 252.50 feat _v a lx+~~c- cornea G, Yp•li' K„ 110.30 L.e.et rn a poiae, lhYACa p. 7{a0' K.. ».1• r.....o a posatr thaaac p. 30 q2' K., ]1.7~ fO~t to a point; thcnct x. L"T'tt- w., 753.67 Ecct t0 4 )w L.: V;. u'YE ao4tht.zly iiStir-pf.i>!,y aaao Ot the Oreauu Shat L)ne N+anert of u». rmtnrt a'sea_ao AailrooZ, ~Lt~,~c S. E4•GJ• along cwfn'ilOnc. ot-~gy :~, 1070.[0 Lret cn a N}=yt; thanOC 6. i 0•tY [., 120,11 fttL to the -eat y?inc of bpinnina. £XCEI`T fry ~~ easa!wnr the ~erte G00 feet :hczc:._. Ab90 EXCLi2 oil nitrh ane :oad rfghta of-wo,a. iu rn -_c ~ / ~Y daY o r 11L: i'_ . ! ~ 18 _ sa. r .•+r w~. ~ T~¢!'~~l ~/ ac oo~~ Awl'cul~~~ aD• f ~~ STATL OF IDAEti ) - cc. Conn ty o! A^_J 1 ~ - r.. Rt. c.L _. _ea z , ..r~ . /. `~.-.~ LF--(. 1 SC~c-sit -- a lCnedT aht;u:e~baic in and;forlaaid Sta~-, ne. '_:rc u.~der- ayyea~ea ab8t7t- b. TEZ+CHOI?, .Ix., and perao~a ly 6uthr~t1 dn~ r_~e, k GVDtZQi: "- "r A:HO(1f, +wcm w +so t0 l,c the per•.~.•s vroocv name' src suECCUOed to :he 5oreooi~:g instrwnr,r, ane 1:+tvovl^6o9d to to :hat t4cy cxe faced tttt Ygne, - fN x:Tt~$ KSERP{tf , i have hErcunto sat ny -x~2 anr~ a7!ized r^Y of-.c.al se,el, the cay and -•csr in cr.ta ::c^__ifLCate fa: at above vritc.r. - - - Nfi F.a!y MY 110 I a :p- . _- Pesidoneer Bose, IGaI-v. -• ~.-~: .• .r,.. .... TOTAL F'. ~ .-. .. .. J'~„~ _ i\ ,.i. Ufa - ... ~:-.1 ~UI~.~L WARRANTY DEED P10NEER TITLE 1st °° ca o This indenture made this R~a~_.~zf_ August,- .194, RECCr.~,W! ,.,;~~STOF between CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and DAVID C. BUSH and NORMA T. BUSH, husband and wife,. the "Grantors" and R-2 DEVELOPMENT, INC., an Idaho corporation, the "Grantee" whose mailing address is 4414 S. Gekeler Lane, Boise, Idaho 83705. WITNESSETH: For valuable consideration the Grantors do hereby grant and convey to the Grantee the following described real property situate in the County of Ada, State of Idaho, to wit: "DESCRIBED ON ATTACHED EXHIBIT A." TOGETHER WITH the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining (collectively the "Premises"); SUBJECT TO: 1. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the Premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public - records. 2. Easements, or claims of easements, not shown by the public records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in state deeds or in Acts authorizing the issuance thereof; (c) water rights, WARRANTY DEED - 1 ~, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 4. General taxes for the year 1994. 5. Liens and assessments of the Nampa ~ .~- Meridian Irrigation District and the rights and powers thereof as provided by law. 6. An easement containing certain terms, conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: construction operation, maintenance and repair of drain ditch. In favor of: Nampa Meridian Irrigation District (343-1884). Recorded: March 28, 1947. Filed in: Book 20 of Miscellaneous Records at page 192, Records of Ada County, Idaho. 7. An easement containing certain terms; conditions and provisions affecting a portion of said Premises and for the purposes stated therein. For: power line easement. Granted by: S.L. Hughell and Mary. In favor of: Idaho Power Company. Recorded: May 26, 1950. Instrument No.: 302098. 8. Right-of-way, interest and easement which may exist for the Snyder Lateral. 9. That certain Deed of Trust dated August ~~, 1994 executed by R-2 Development, Inc., an Idaho corporation, as Grantor, to Pioneer Title Company of Ada County, as Trustee, for the benefit of Cecil E. - Olson and Kjerstie A. Olson, husband and wife, and David C. Bush and Norma T. Bush, husband and wife, which was recorded in Ada County, Idaho on August ~, 1994. TO HAVE AND TO HOLD the said Premises unto the Grantee and its successors and assigns forever. WARRANTY DEED - 2 _.. . The Grantors covenant with the Grantee, its successors and assigns, that Grantee shall enjoy the quiet and peaceful possession of said Premises; that the Grantors are lawfully seized of said Premises in fee simple; and the Grantors wa-r--rant that the title to said Premises is merchantable and is free from all liens and encumbrances, excepting those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee. IN WITNESS WHEREOF, this Warranty Deed has been duly executed by the Grantors as of the day and year herein first above written. ~--~-~_ CECIL E. OLSON ERSTIE A. OLSON By ~~"~ David C. Bush Their Attorney in Fact ~~J~..-~ DAVID C. BUSH NO T. USH WARRANTY DEED - 3 STATE OF IDAHO ) ss. County of Ada ) On this ~S day of August, 1994, before me, the undersigned, a notary public in and for said state, personally appeared DAVID C. BUSH, known or identified to me to lze t]~e_ person whose name is subscribed to the foregoing instrument as the attorney in fact of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, and acknowledged to me that he subscribed the names of CECIL E. OLSON and KJERSTIE A. OLSON, husband and wife, thereto as principal, and his own name as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. _ ~: _ ~: Not Public or Idaho _ ., . ,, ' " - Res ing at ~` J" ~ My commission expires: L~-/7-99 ~~~~-._ STATE~~OF~`IDAHO ) ss. County of Ada ) ~-~ e~0 ~ thj..g / lS , day of August, 1994 , before me, ,~j/oS~~ a Notary Public in and for said State, personally appeared DAVID C. BUSH and NORMA T. BUSH, husband and wife, known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they 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:.ahgye written. `' = _~ ° w ~ _ Not Public for daho _ . c~ `- - .= ~ Re ing at (~o/~1t~ Idaho ,.,. My commission expires ~-/7 , 19`~~t WARRANTY DEED - 4 EXHIBIT "A" THE NORTH 600 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS, 8, 9, 16 AND 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 32' WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 8, A DISTANCE OF 871.18 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32' WEST 300.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 28' WEST 290.40 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32' WEST 299.65 FEET TO A POINT; THENCE SOUTH 0 DEGREES 23'53" EAST 12.80 FEET TO A POINT; THENCE NORTH 72 DEGREES 37' WEST 252.50 FEET TO A POINT; THENCE NORTH 89 DEGREES 14' WEST 110.30 FEET TO A POINT; THENCE NORTH 74 DEGREES 50' WEST 33.54 FEET TO A POINT; THENCE NORTH 30 DEGREES 02' WEST 35.29 FEET TO A POINT; THENCE NORTH 6 DEGREES 08'31 WEST 753.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-0F-WAY LINE OF THE OREGON SHORT LINE BRANCH OF THE UNION PACIFIC RAILROAD: THENCE SOUTH 89 DEGREES 02" EAST ALONG THE SAID RIGHT-OF-WAY LINE 1074.86 FEET TO A POINT; THENCE SOUTH 0 DEGREE 28' EAST 1120.14 FEET TO THE REAL POINT OF BEGINNING. ,l Utv 1'3-200Q 1159 BRIGGS ENGINEERING } I NC 1208345290 P.02 STATE OF IDAHO AN© SWORN to before me the day and year first at~ove written. COUNTY OF ADA } } AFFIDAV{T OF LEGAL INTEREST Ronald Van Auker t, ~~ tR2 Develoc~ment. Inc, 3084 E. Lanark {name) {address) Meridian Idaho ,being first duly sworn upon oath, depose and say: (city) {state) 1. That 1 am ttte record owner and/or representative of the property described on the attached, and I grant my pemtission to Brigos Enaineerina inc - 1800 W Overland Rd Boise. 1D 83705 ~eleohone• 344-9700' FAX' 345-2950 - to sign and submit the accompanying application pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and it's employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of ~e property which is the subject of the application. ~ ?~ , 2000 Gated this ,!~_ day of ./' L~ (Signature) ~a',vti4' rf y'°'`~j ti ~~~~p^C Alit ~. ~,,.~. ~r 6ptd6z8 ra~~~t €~P ~~~~~~. ~ j //// ~ ~~~ / ~ !~ i l~ ary public for Idaho ;' i eliding et ~`'. ~z- "~ - ~ ~t-- My Commission Exp res: ~'= . ~~- TOTAL P.02 FILE NO.: P185597 EXHIBIT A THE NORTH 600 FEET OF THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF LAND IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SECTION CORNER COMMON TO SECTIONS, 8, 9, 16 AND 17, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; THENCE SOUTH 89 DEGREES 32' WEST ALONG THE SOUTHERLY LINE OF SAID SECTION 8, A DISTANCE OF 871.18 FEET TO THE REAL POINT OF BEGINNING; THENCE CONTINUING SOUTH 89 DEGREES 32' WEST 300.00 FEET TO A POINT; THENCE NORTH 0 DEGREE 28' WEST 290.40 FEET TO A POINT; THENCE SOUTH 89 DEGREES 32' WEST 299.65 FEET TO A POINT; THENCE SOUTH 0 DEGREES 23'53" EAST 12.80 FEET TO A POINT; THENCE NORTH 72 DEGREES 37' WEST 252.50 FEET TO A POINT; THENCE NORTH 89 DEGREES 14' WEST 110.30 FEET TO A POINT; THENCE NORTH 74 DEGREES 50' WEST 33.54 FEET TO A POINT; THENCE NORTH 30 DEGREES 02' WEST 35.29 FEET TO A POINT; THENCE NORTH 6 DEGREES 08'31 WEST 753.62 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE OREGON SHORT LINE BRANCH OF THE UNION PACIFIC RAILROAD; THENCE SOUTH 89 DEGREES 02" EAST ALONG THE SAID RIGHT-OF-WAY LINE 1074.86 FEET TO A POINT; THENCE SOUTH 0 DEGREE 28' EAST 1120.14 FEET TO THE REAL POINT OF BEGINNING. END OF LEGAL DESCRIPTION JUN-19-2000 LION 1102 AM FAX N0, P. 02 SUBQIVISlON EVALUATION SHEET Proposed Development Name Olson and Bush Subdivision ~~ File # Fnnal_ Date Reviewed , 6/8/00 Preliminary Stage Enginserlpeveloper Bri s Richard Cook The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The fal owin existin street names shall a ar on the t: "N. EAG E ROAD" "E. FRANK~tN ROAD" and "E. t.ANARK S EET" The ro osed street name "N. pLSON AVENUE" is a roved. 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 fior the street names to be officially approved. ADA COUNTY STREET NAME COMMITTE EN Y PR SENTATNES OR DESIGNEE Ada County Engineer John Priester ~~~ Date Date Community Planning Assoc. Sue Hansen Che {Sable Date ~ $ a a City of Meridian ry Date ~-'f Z-Qa Meridian Fire District Representative NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise ttte plat will not be s~S ed'onl Sub Index Street Index 4(~ NUMBERING OF t_07S AND BLOCKS TRI3UBStSN_C1TY. FRM JUN-1g-2~~0 1~~L9 P.~` sUU t}o Y y V U ~ E s t a a '«<°> 3 d~aaa~~ m~~z~ _ ~ ~ _ oa w $~i m~~s;~~~~ I ~ 0 • • o 0 I I l ~ z 0 ~1 H~ ~ Q ~ m M - O w vWi `!"a _ ~ ~ O F ~ LL ~ ~ ~ O j Q J x o ,~ ° N a FZ< ~ o o a F U M a N I~ 0 !-~ O 8 Q 0 0' Q U U Q a z 0 Z O W F a J 0. 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SIN N' 0 ~' ,00'fLL A~,00,5l.10 S I 0 ~ I 8 I n 8 I " ~ ° I ® w ~ ,99iLZ Iq I A~OO,sl.la s J m a z $ ~ a s m' 9L'YLZ W o°~' u$ I M.OO,SI.tO S K om: o b I I a =" ~ 1 0 ~~ ~ 2 ~ r` m~ 6 Rw ~~ ~ I ~ oo I L ~ - -X6.74- _ygT sNYOEa_uTE~~-I ..~ - - - _ O311V1d Nf1 z ~ L p, m O CL ~ s ~- C ~ 9l WC V N O f] O ai m w3w °~~o ~mm~ ~,°on n mao ~~U~ r~~ V N z ..L ~$ ~t b 9~' ~ ° z~ ~~ ~, H, Qv '~ mk a: mt ~ g O WV ~ w m F ,.a H O) O ~ yol~,pd d'S~~a``~e z W ~ p~ w ? m ~ ~ ~ ' `~" d aNd Zn C y U ~ R1 N ,~~- 300 0 300 600 Feet I-L U. P.R.R. 5 ~ 4 `, ' 3 ~ ~ ~ ~ I _'--- - ~ ' I -1 RT MERIDIAN CITY LIMITS BOUNDARY I-L R 1 ~~ ZONE BOUNDARY RT ~~ ~ ~ T ~\ L BRIGGS ENGINEERING, INC. REVISION ao,NE~~ OLSON & BUSH SUBDIVISION NO. 2 BRIGGS PORTION OF THE SE 1/4 OF SECTION 8, T.3N., R.lE., B.M., ~N~ MERIDIAN, ADA COUNTY, IDAHO SHEET (208) 3449700 1 OF 1 1800 W. OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1"=300' 06!19/00 0313 \0313.APR __RttB ,l` RT 02 OE OBE E~~~~gNo gI30'Ol C~O~. GE ~ GE~ I-L GF'M~O~~ 1-L ~I li T~ MERIDIAN CITY RT LIMITS BOUNDARY M-1 I-L RT CO Ct~~R ~` Y I-L U. P. R. R. I-L RT R1 ~{ RT ~~~i~~ T ~-o ! 02 02 ~ ~~-~41~ ~ TPT STt' Ri L~`' SLS' R1 O O Z N B N AR R1 RT ~ N c-c J / ~ ~..f~ C1 ~ L-O / RT g Z ~ ~ ~ C-G I 800 0 80D 16D0 Feet 1 ~ E , r c~ ~~~ 1 =--' N1POl , ~ i ------- INTERSTATE 84 1 -- BRIGGS ENGINEERING, INC. p141NEER1,yC OLSON 8v BUSH SUBDIVISION NO. 2 REVISION BRIGGS PORTION OF THE SE 1/4 OF SECTION 8, T.3N., R.lE., B.M., INS MERIDIAN, ADA COUNTY, IDAHO SHEET (208) 344-9700 1 OF 1 180D W.OVERLAND ROAD DESIGN DRAFT SCALE DATE DWG. NO. BOISE, IDAHO 83705 BKB 1"=800' 06/08/00 0313 \0313.APR O O H F-~ Q W Q O ~ m~ W 7H Imo---~ O .~ ~~ ~Q ~ I~ ~ ~' 0 o r- 00 - ~r i ~ U O m I ~--~ cn ~-- ~ U ~' J d- N ~ O I ~- cn ~ U M ~ Q W ~ 00 O ~ CEO O ~-- cn a.~ ~ U Cn Q ~ LC7 ~ ~ ~ O ~ ~ a~ . ~ 0 ~ Q `- o ~ O N ~ cn a~ ~ U ~ Q N ,,~ ~ ~ ~ ~ __~_- I- z Q W N. OLSON AVt. ~ ~-- cn ~~ ~ Q ~~ N ~~ ~~ ~--~ ~ ~ N ~ ~ U ~ Q N ~~ ~~ '"~ o d-~ ~ ~ N ~ U cn Q ~ ~~ ~~ ~ O c9 mot- c- a~ v~ Q ~~ N N ~~ 00 ~~ U m I I ~--, ~ 0 . ~ ~Q c9 ,~ ° ~ ~ ~- ~ ~~ J ~~ ~~ ,'"1 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR OLSEN BUSH SUBDIVISION No. 2 THIS DECLARATION, made this day of , 2000, by R2 DEVELOPMENT, INC. (hereafter "Declarant"); WITNESSETH: WHEREAS, the above-named parties designated as the Declarant are the owners of all of the land compromising OLSEN BUSH SUBDIVISION No. 2, a subdivision in Ada County, Idaho, more particularly described as follows: Lots through and including Lot of Block , OLSEN BUSH SUBDIVISION No. 2, according to the official plat thereof, filed in Book of Plats at Pages and ,records of Ada County, Idaho. (hereafter "Subject Property'); and WHEREAS, the Declarant has deemed it desirable for the preservation of the value, desirability and attractiveness of the Subject Property to create a industrial/commercial subdivision of high quality, design and construction and therefore makes this Declaration of Covenants, Conditions and Restrictions with the respect to the Subject Property. NOW, THEREFORE, the Declarant hereby declares that ali of the Subject Property shall be held, sold and conveyed subject to the covenants, conditions and restrictions herein contained that are for the purpose of protecting the value and desirability of, and which shall run with, the Subject Property and be binding on alf parties having any right, title or interest in the Subject Property, or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-1 ARTICLE I DEFINITIONS Section 1.01. Architectural Control Committee. As used herein, "Architectural Control Committee" or "Committee" shall mean the duty appointed and acting persons designated in Article III of this Declaration. Section 1.02. Declarant . As used herein, "Declarant" shall mean and refer to the parties designated above and who sign this Deccaration, their successors and assigns. Section 1.03. Lot. As used herein, "Lot" shall refer to any plot of land, together with the improvements constructed thereon, shown upon a recorded subdivision plat of all or any portion of the Subject Property. Section 1.04. Owner. As used herein, "Owner" shall mean the party or parties having any estate in any Lot which is part of the Subject Property, in fee or by contract of sale, excluding any person or entity who holds such interest merely as security for the payment or performance of an obligation, but including any mortgagee, beneficiary under deed of trust or other security holder in actual possession of a Lot, as a result of foreclosure or otherwise, and any person taking title through such security holder, by purchase at foreclosure or otherwise. ARTICLE II. USE AND REGULATION OF USES Section 2.01. Use. (a) Each Lot (and the improvements constructed thereon) within the Subject Property shall be used for industrial/commercial purposes only, in accordance with applicable zoning ordinances, on an ownership, rental or lease basis. (b) No Lot shall be used for any purpose which is considered dangerous or unsafe, or which constitutes a nuisance, or is noxious or offensive by reason of emission of dust, odor, gas, smoke, fumes or noise. (c) The exterior walls of all buildings shall be of masonry construction, its equivalent or better. Metal building exteriors shall be allowed on a limited basis subject to portions of the exterior having architectural details constructed of block, brick, stucco or other acceptable, non-metal building materials, as approved by the Architectural Control Committee. No all metal building exteriors shall be permitted. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-2 /"~ ~-~. (d) No loading dock shall be construction facing on any public street unless such loading dock and every part thereof is at least one hundred feet (100') inside the right-of-way line of the street on which such loading dock fronts. (e) Outdoor storage yards shall be screened from public view from public streets within the Subject Property and shall be placed so as to conform with the setback requirements set forth in subsection (i) below. (e) Owners of Lots shall not permit their employees or tenants to regularly park during normal business hours on public streets within the Subject Property. It will be the responsibility of each Owner, his successors and assigns, or other persons holding under him to provide adequate off-street parking for employees and visitors within the property lines of his Lot. All such parking areas and the access(es) thereto shall be covered with asphalt or similar paved surface. (f) The ratio of building coverage to total area within a Lot shall, in no case, exceed fifty-five percent (55%). (g) No Building shall be erected, placed or altered on any Lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finished grade elevation. No fence or wall shall be erected, placed or altered on any Lot nearer to any street then the minimum building setback line. (h) No waste shall be committed on any Lot or to the exterior of any structure on a Lot. (i) All Lots, whether occupied or unoccupied, and any improvements placed thereon, shall at all times be maintained in such a manner as to prevent them from becoming unsightly be reason of growth on such Lot or the accumulation of garbage or debris thereon and to prevent the occurrence of any health hazard. Weeds, grass or other foliage on vacant lots shall be periodically mowed or plowed so that the foliage does not exceed 8" in height. (j} No building shall be constructed on any Lot nearer than thirty five feet (35') from the right-of-way line of any street within the subdivision abutting the Lot. Minimum sideyard setbacks shall be twenty feet (20') from the side Lot line. In the event that more than one Lot shall be owned by one Owner and in the improvement of such Lot, or the expansion of existing DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-3 improvement, a building shall be erected on more .. .an one Lot, the sideline setback requirement on the interior line or lines shall be waived. (k) All signs proposed to be placed within the Subject Property shall be subject to the approval of the Architectural Control Committee, and no signs shall be permitted except those advertising or relating to the business or industry located upon the Lot. (I) The exterior if all structures shall be maintained in good and orderly condition and repair, including regular painting, window washing and replacement of broken or unsightly window panes and other exterior elements. (m) No trailer, mobile building, shed of other outbuilding may be erected or located on any Lot, except such temporary trailer or building or shed approved by the Committee, for the on-site office for the Lot owner or his builder, or for the storage of building materials, and then and only during the reasonable period of construction of the permanent structure. All construction and improvement work on a Lot shall be scheduled and performed so as not interfere with the use and enjoyment of other Lots by their Owners. (n) Auxiliary structures, antennas, cables or other mechanisms related to communications, electrical and mechanical apparatus, equipment, fixtures, conduits, ducts, vents, flues and pipes mounted or placed on roof surfaces, or extending above or beyond the roof line of any building, shall be concealed from view in an architecturally treated manner shown on the plans submitted to the Committee for its approval prior to placement. ARTICLE III ARCHITECTURAL CONTROL COMMITTEE Section 3.01. (a) The Architectural Control Committee shall be composed of the following persons: Ronald W. Van Auker Mike Ford Gayle Jensen In the event of the death or resignation of any member of the Committee, the remaining members shall have the full authority to designate a successor. The members of the Committee shall not be entitled to any compensation for the services performed in connection of their responsibilities. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-4 (b) Prior to commencing any work or building requiring approval of the Committee, there shall be delivered to the Committee one complete set of plans and specifications for any and all proposed structures and improvements and no work or construction shall commence until the final plans, elevations and specifications therefor have received written approval by the Committee. Such plans shall also include a plot plan showing the location on the Lot of the building(s), fence, wall or other structure proposed to be constructed, altered, placed or maintained, together with the proposed construction material and color schemes for the roofs and exteriors thereof and a proposed landscape plan. The Committee shall approve or disapprove plans, specifications or details within thirty (30) days from the receipt thereof, or shall notify the person submitting them that an additional period of time, not to exceed fifteen (15) days is required for such approval or disapproval. A majority of then appointing and acting members of the Committee shall control. Plans, specifications and details not be deemed approved within the time limits provided herein shall be deemed approved as submitted. The approval of plans, specifications and details by the Committee does not relieve the Owner of the necessity of obtaining the required building permit(s) and other approvals from those governmental entities having jurisdiction and control over the Subject Property. Notwithstanding the approval by the Committee, each Owner submitting such plans, specifications and details shall be solely responsible for the sufficiency thereof. Neither the Declarant nor the members of the Committee shall be liable for any loss or damage or claim thereof arising from any defect or alleged defect in plans or specifications or the construction or use thereof. (c) The Committee may authorize variances from the compliance with the requirements of this declaration when, in the sole discretion of the Committee, circumstances such as topography, natural obstructions, aesthetics, environmental considerations, or economic or other hardship may so justify. A variance must be evidenced in writing signed by two (2) members of the Committee. If a variance is granted as provided herein , no violation of this Declaration shall be deemed to have occurred with the respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular subject matter of the variance thereof and the specific Lot covered thereby. (d) In the event an Owner does not commerce construction within two (2) years after approval of Plans, said approval shall terminate; and such Owner shall not thereafter engage in any construction on the Property without first resubmitting Plans and securing the approval of the Committee. After construction has commenced, it shall be diligently DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-5 .-. .--. pursued; anc., .. ~ any event, it shall be completed w._. ,.n one (1) year from the date it is commenced. ARTICLE IV GENERAL PROVISIONS Section 4.01. Enforcement. The Declarant or any Owner shall have the right to enforce, by any proceedings at law or in the equity, all covenants, conditions and restrictions contained or hereafter imposed by amendments hereafter adopted, the parties succeeding in such suit shall be entitled to awarded reasonable attorneys' fees in addition to other costs and disbursements allowed by law. Section 4.02. Severability. Invalidation of any one of the covenants, conditions or restrictions contained in this Declaration by a Judgement or a Court Order shall not affect any other provisions contained herein, all of which shall remain in full force and effect. Section 4.03. Terms/Amendments. The covenants, conditions or restrictions contained in this Declaration shall run with and shall bind the Subject Property for a term of twenty-five (25) years from the date this Declaration is recorded, after which the time they shall automatically be extended for successive periods of ten (10) years each. This Declaration may be amended by an instrument signed by the Owners of not less than fifty-one percent (51 %) of the Lots within the Subject Property. Any amendment shall be recorded in the office of Ada County Recorder. Section 4.04. Non-Waiver. The failure of the Declarant or the Owner in any one or more instances to insist upon the strict performance of any of the covenants, conditions or restrictions of this Declaration, or to exercise any right option contained herein, or to serve any notice or to institute any action, shall not be construed as a waiver or relinquishment for the future of such covenant, condition or restriction, but such covenant, condition or restriction shall remain in full force and effect. Section 4.05. Acceptance. Each grantee of a conveyance or purchaser under contract or agreement of sale, by accepting a deed or contract of sale or agreement of purchase, accepts the same subject to all of the covenants, conditions and restrictions set forth in this Declaration and agrees to be bound by the same. Section 4.06 Partition. All Owners, and each purchaser of any interest in a Lot, shall be deemed to have consented to these Restrictions and to have covenanted to and with Declarations and all other Owners that there shall be no subdivision or partition of a Lot, and that no parcel or portion of a Lot less that the whole land area thereof shall be sold, conveyed or encumbered. There shall be no right or judicial partition of any Lot. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-6 Section 4.07 Real Estate Brokers. No real estate commissions shall be payable to any real estate broker for any service unless and until said broker repeats 35 times, " I am a low-life, blood-sucking parasite who adds no value to human existence and for the good of the world I should dive to the bottom of the nearest irrigation ditch, hold onto a root and drown myself." IN WITNESS WHEREOF the undersigned parties, comprising the Declarant, have caused this Declaration to be executed as of the date year first above written. R2 DEVELOPMENT, INC. By: President STATE OF IDAHO ) ss: County of Ada ) On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared RONALD W. VAN AUKER, known to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand an affixed my official seal of the day and year in this certificate first above written. Notary Public for Idaho Residing at Boise Idaho My Commission Expires DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS-7 ,.., REC~~ES~ 0~ ' ~ , ADA Ci:U'l~Y ~,4COaD~i•: ~' eois~ hbal°lo~~~' ~Pqs FEE "¢` OEPUTY~ SA'\IT,.,~1RY SEWER EA EMENT 1498 QC 22 P~etet~Acnt and Tempoi~6?i2 I O O 9 9 2 i.od THIS INDENTURE, made this. ~r'day of 1995, between R2 Development, Inc., the parties of the first part, and hereinafter aped a Grantors, and the Gity of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNES SETH: W]riE1tEAS, the Grantors desire to provide sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and ' WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, inconsideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sewer line over and across the following described property: (SEE ATTACHED EXHIBIT A "PERMAI~-ENT SEWER EASEMENT" and EXHIBIT 6 "TEMPORARY SEWER EASEMENT") The permanent and temporary easements hereby granted is for the purpose of construction and operation of sanitary sewer lines and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities al any and all times. TO HAVE AND TO HOLD, the said permanent easement and right-of--way unto the said Grantee, it's successors and assigns forever. TO HAVE AND TO HOLD, the said temporary easement and right-of--way unto the said Grantee, its successors and assigns until the said sewer construction is complete and accepted by the Grantee. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantee, in making future repairs, will expediently replace and restore the premises to a condition comparable to that existent prior to undertaking such repairs and replacement. However, the Grantee will not be responsible for repairing, replacing or restoring any permanent structures, large trees or brush placed within the area described in this casement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent strucKures, large trees or brush within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. SANITARY SEWER EASEME'~rT', Page 1 n n THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful clams of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the. first part have hera~nto subscribed their signatures the day and year first heretnabove written. - ~ ~ .-. ecretary STATE OF IDAHO County of Ada ) ss On this y~ day of , 19 7~ ,before me, the undersigned, a Notary Public rn , and for said State, personally appeared and~(~lsllUVK/rlditKe.~ ~ ~~1~-'y~~• ~~~ , kr-own or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and aflixe3 my official seal the dav_and vear first above written. 'Q! f~ ~ CRY sIr ~~ ~ OBE ,it .'~°' `r~A TE ~~ ~~` '+..- -.. N T C O O Residing at Commission xpires: - SANITARY SEWER EASEMENT, Page 2 l_. ~ ' 290 North i4laple Grove Road Boise, ID 83704 (l08) 37&6:i8U Fnx <'108i 371;-0Ul5 PROJECT':. S 15109 DATE: MARCH 26, 1996 RE: PROPOSED OLSEN AND BUSH INDUSTTtIAL PARK N0.2 Easement No. 10 PERMANENT SEWER LINE EASEMENT LOCATED IN THE SOUTHEAST QUARTER OF SECTION 8 7.3 N., R 1 E., B.M. ADA COUNTY, IDAHO A parcel of land located in the Southeast Quarter of Section 8, T. 3 N., R 1 E., B.M., Ada County, Idaho and mote particularly dcacn'bcd as follows: Beginning at a brass Cap marking the Southeast corner of the Southeast Quarter of 5oction 8, T. 3 N., R. 1 E., B.M., Ada County, ldelto; thence along the Easterly boundary oCraid 5outhcast Quaver oCScction 8, Nonh 1°27'OS" East 783.97 feel to a point; thence leaving said Easterly boundary North 88°d0'OS" West 892.01 feet to a point on the Wcsterl}' boundary line oC Olson and Btuh Industrial Parkas filed for record in the otl'ict of the Ada County Recorder, Bose, Idaho in Book 44 of Plats at page 3581, said point being the REAL PO[NT OF BEGII.NING; thence North 88° l l' l7" West 743.23 feet to a point; thence North 1°34' 16" East 312.77 fat to a point on the Southerly right~f~ay line of the Union Pacific Railroad; thence along said Southerly right-of-tvay line, Sottth 88°30'37" East 20.00 feet to a point; thence leaving said Southeriy riglil-of--way line, South 1 °34' 16" West 2v2.A8 feel to a point; thence South 88° 1 f' 17" East 722.66 fat to a point on the Watcrly boundary line oCsaid Olson and Bush Industrial Park: thence along said Westerly boundary line, South U°U3'09" East (fornterly South U° 28' East) 20.01 feet w the point of beginning. Paeiflc Land Surveyors, a division of PO~YER Engineero, Inc., an Idaho Corporation ~rp~'~' SUBIECT TO: land. All existing easements and road rights-ofway of rocord or appearing on the above-descr'bed parcel o£ Prepared by: - Padfic Land Surveyors DGP Don G. Payne, R.L.S. butfte~~ ~ / _ i_~ 290 North Maple Grove Road Boise, ID 83704 ('LOS) 378-6380 Fax ('l0$- 378-D025 PROJECT' 515109 DATE: MARCH 26, 1996 RE: P1tOPOSED OLSEN Ah'D BUSH INDUSTRIAL PARK NU. Z Easrtneat No. 11 TI]vTPORARY SEWIiR LINE EASEMENT LOCATED 111 THE SOUTHEAST QUARTER OF SECTION 8 T. 3 N., R I E., B.M. ADA COUNTY, IDAHO A parcel of Isad located in the Southeast Quarter of Section 8, T. 3 N., R 1 I?., B.M. Ada County, Idaho and more particularly descrt'bed as follows: Beginning at a brass atp tnarking the Southeast corner of the Soutluast Quarter of Section 8, T.:t N., R 1 fi., B.M., Ada County, Idaho; thence along the Easterly boundary of said Soulhrasl Quarter of Section 8, North 1°27'05" East 783.97 feet to a point; thence leaving said Easterly boundary North 88°40'05° West 892.01 feet to a point oa the Westerly boundary line of Olson and Bush Tndustrial Park as filed for trcocd in the office of the Ada County Rocorder, Boise, Idaho in Book 44 of Plats at page 3581, said point being the REAL POINT OF BEOINNINO; thence North 88` l l' l r 'West 743.23 feel to a point; thence North 1°34' l6" East 312.77 fat to a point on the Southerly tight-of-~vay line of the Union Pacific Rai Iroad: thence along said Southerly right-0f•Way line, North 88°30'37" Wad 5(1.(1(1 feet to a point; thence (caving said Soathcdy right-of-way line, South 1°34' 16" Wost 362.49 feel to a point; thence South 88°11' l7" East 794.G4 Ceet to a point on the Westerly boundary line of said Olson and Bush Industrial Park; thence along said Westerly boundary lmc, North 0°03'09" Wcs1([onmerly South 0° 2R' East) 50.03 feet to the print ofbeginning. Pacific Iaad Sarveyory, u diviFion of POWER F.nrineere, Tnc., en Idaho Corporation ~~~~ StJBJECT'PO: Ali existing easements and road rights-0[ way of record oc appearing on the aboti~-described parcel of land. Prepared ~• DGP Pacific Land Surveyors Don G. Payne. R.L.S. L~e~t81* $ 1 1 I 1 i I 1 I I _ oD ~- La'£6[ 3 .i0,[L!0 H •~!l uopaas C1 9N/~Y~B .~O S/Sd9 ~ ~ ~-~. N O ~~C a J~~ ~~< a U,... W t.,, N Z Z ~~ ~v ! U 0. Z O i '~ 5 11 ~! z; ~; f 1 , z w .Na ~ 1 ~! 1 1 !J -- Z Z z--------- ~ i 1~-~- Z------ a a o W 1 1~ W ..-~ W W U 4.1 ~1 1 0 ~ cv w a ~ ¢ ~ < tr O WQ r ~ Wz ~ A ~ a -6- ~w wW ,~ w~ as 1 ~ ow ' i~ a ii 1 ~ o ~ i t I ,n a ~.. 1 1' v 1 J ax l 1 o ! I 1 ~ u N 1 j ~ to ecza2 ~ + ~ _~ M j9jtf.t0 S ~ ~ 6Yt9£ ~ i Al ,Dl.1r£.t0 S ~-' O a a ~ 1 °~ ~- . ~_ a z~) a~~ w ti W W 4 z W 4 IV I t i-- ! ~ --i I ~ W o. Z V1'~~ ~ ,z ~? Z o ~ MU ~ ~a W 0D zZ 1.l1 o Q Z U~ -1 li! W N ~ ~', ~///~ 0 0 w W J Q W OLSON ~ BUSH NO. 2 300' RADIUS PROPERTIES ••, vi w FRANKLIN ~ ~ a v, ~N ~o oN 2 D ~~~ I ~= ~z~ RONALD W. VAN AUKER 3084 EAST LANARK MERIDIAN, IDAHO 83642 *******110*DOLLARS*AND*00*CENTS TO THE CITY OF MERIDIAN ORDER 3 3 E . IDAHO AVENUE of MERIDIAN ID 83642 00-MERCITY T \_, 2 C ~ Q. awo O ~' m a m a wo ~~ ITI F°a ° < ~ N ~v ~a z BANK OF AMERICA MP O 13 8 6 8 P.O. BOX 1739 BOISE, ID-83701 92-371 1231 0138.68 46/07/00 ******110.00* a DATE AMOUNT ~s .: .4 ;3 =5 "~~ L3B68°' ~: L 23 L03716~: 46309 70~,i1~ O ~ v Jt n I I ~ v ~ Q C ~ C. ~ ~--~ I y ,/~ , ~. cD N ~ C N 13 I _ ~ _ z~ W ;, , c - O a , m ~ _ ~ ~ CA ~ `~ cc n m °' w o 1 ;~ '~ n ~ rp ~ o ~ -~ v d 3 ~ c N H P - / ~ 1 ~ t9 d ' = D A m ~ \` ~ o ~ ~ ' - Z o D ~ e ~ W ~ ~, m ~ ~ °~ A N o ~ o -~ n D x r a 0 `U' r1 o c , _ N ~ v J - G OCT 11 2004 City of Meridian City Uerk Office ~~~~~~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 VIA FACSIMILE 208/887-7998 12 October, 2004 Bill Young Ronald W. Van Auker Inc. 3084 E. Lanark Meridian, ID 83642 RE: Olsen & Bush Subdivision No. 2/Snyder Lateral Dear Bill: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 The piping of the Snyder Lateral across the west boundary of the above-mentioned project appears to be functioning and is acceptable to Nampa & Meridian Irrigation District. If you have any further questions, please feel free to give me a call. Thank you, ~~~~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent City of Meridian Ride 3 File -Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 .w. ~.. -. ~... Tr ~ .-~ ,~ .: ~d~~ iLlt'y ~~ .~s~d0~'=tC;a's~k~. 71.a~rr~ia & ~Ze~cidta~ ~Ivugatta~ Z~~acict 3 November, 2003 William Berg City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RE: VAR03-018 Dear Will: 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District has no comment on the above referenced application for Variance for cone-year Time Extension for recording of the Final Plat for Olsen Bush Subdivision No. 2. Thank you, il~~~~ Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent Briggs Engineering File -Office/Shop L ~ ~.., APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 CENTRAL ® DISTRICT HEALTH DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. • BOISE, ID 83704-0825 • (208) 375-5211 FAX 327 8500 To prevent and treat disease and disability; to promote henltlry lifestyles; mid to protect and promote the health and quality of our environment. RECErvED 04-1610 November 15, 2004 David Navarro Ada County Recorder 200 West Front Street Boise, ID 83702 NOV 17 1~t City of Meridian City Clerk Office RE: Olson And Bush #2 Subdivision (Formerly Olsen and Bush Subdivision) Dear Mr. Navarro: Central District Health Department, Environmental Health Division, has reviewed and does approve the final plat on this subdivision for central water and central sewer facilities. Final approval was given January 17, 2001. No lot size maybe reduced without prior approval of the Health Department authority. If you have any questions, please call 327-8537. Sincerely, "Malcohm cGregor Environmental Health Specialist cc: Department of Housing and Urban Development City of Meridian R-2 Development Briggs Engineering, Inc. MM:bm .S'ervlatg T~rzdley, E[tstore; poise, cancl Acda Counties Ada /Boise County Office 707 N. Armstrong PI. Boise, ID 83704 Enviro. Health: 327-7499 Family Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-7460 WIC: 327-7488 FAX: 327-8500 Elmore County Office 520 E. 8th St. North Mountain Home, ID 83647 Enviro. Health: 587-9225 Family Health: 587-4407 WIC: 587-4409 FAX: 587-3521 Valley County Office 703 N. 1st St. P.O. Box 1448 McCall, ID 83638 Ph. 634-7194 FAX: 634-2174 I r~ DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. R-2 Development, Developer/Owner THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this day of , 2000, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called "CITY", and R-2 DEVELOPMENT, hereinafter called "DEVELOPER"/"OWNER", whose address is 3084 East Lanark, Meridian, Idaho 83642. 1. RECITALS: 1.1 WHEREAS, "Developer"/"Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the "Property"; and 1.2 WHEREAS, I.C. §67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the owner or "Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of Meridian City Code § § 11-15-12 and 11- 16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Developer"/"Owner" has submitted an application for annexation and zoning of the "Property"s described in Exhibit A, and has requested a designation of DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK NO. 2 _ I Light Industrial District (I-L), Meridian City Code § 11-7- 2 N; and 1.5 WHEREAS, "Developer"/"Owner" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed according to the Concept Plan and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 18th day of June, 1996, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the "Findings" require the "Developer"/"Owner" enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER"/"OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 -2 ~~\ ,~. ~. 1.10 WHEREAS, "City" requires the "Developer"/"Owner" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use of the "Property" is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the "City" in the proceedings for annexation and zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure annexation and zoning designation is in accordance with the Comprehensive Plan of the City of Meridian adopted December 21, 1993, Ordinance #629, January 4, 1994, and the Meridian City Code Titles 11 and 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "DEVELOPER"/"OWNER": means and refers to R-2 Development, whose address is 3084 East Lanark, Meridian, Idaho 83b42, the party who owns and is ,,~ ,4 DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 -3 ,-~ ~ developing said "Property" and shall include anv subsequent owner(s)/developer(s) of the "Property" 3.3 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City"'s Zoning Ordinance codified at Meridian City Code § 11-7-2 N which are herein specified as follows: Development of Limited Office. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: S.1 "Developer"/"Owner" shall develop the "Property" in accordance with the following special conditions: S.1.A The property should be zoned L-O, Limited Office District, and the Applicant shall use the subject property to develop limited office uses with any other uses permitted in the subject zone only as a conditional use. 5.1.1 That the Applicant shall be required to comply with all of the conditions pertaining to the variance, preliminary plat and final plat; and DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 4 5.1.2 That the Applicant shall be required to comply with all of the conditions stated within the Annexation and Zoning Findings of Fact and Conclusions of Law for R-2 Development approved by the Meridian City Council on June 18, 1996, of which said Findings are attached hereto as Exhibit "B" and incorporated herein as if set forth in full herett. 6. COMPLIANCE PERIOD/ CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Developer"/"Owner" or "Developer"'s/"Owner's" heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of subject "Property" of this agreement ,and after the "City" has complied with the notice and hearing procedures as outlined in I.C. § 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Developer"/"Owner" consents upon default to the de-annexation and/or a reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the "City" provide written notice of any failure to comply with this Agreement to "Developer"/"Owner" and if the "Developer"/"Owner" fails to cure such failure within six (6) months of such notice. 8. INSPECTION: "Developer"/"Owner" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval. of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - $ 9. DEFAULT: 9.1 In the event "Developer"/"Owner", "Developer"'s/"Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully ~ comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements of the Zoning Ordinance, which will include, at a minimum, notice of the noncompliance, and an opportunity to be heard by the City Council before modification or termination. 9.2 A waiver by "City" of any default by "Developer"/"Owner" of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer"'s/"Owner's" cost, and submit proof of such recording to "Developer"/"Owner", prior to the third reading of the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK NO. 2 - 6 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Developer"/"Owner", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that "City" and "Developer"/"Owner" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either "Developer"/"Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFOR]VLANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 12-5-3, to insure that installation of the improvements, which the "Developer"/"Owner" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - ~ 14. CERTIFICATE OF OCCUPANCY: The "Developer"/"Owner" agrees that no Certificates of Occupancy will be issued until all infrastructure and other improvements which are imposed by the terms of this agreement, the annexation ordinance, and the conditional use permit are completed, unless the "City" and "Developer"/"Owner" have entered into an addendum agreement stating when the improvements will be completed in a phased development; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer"/"Owner" agrees to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-anne.~cation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 DEVELOPER/OWNER: R-2 Development 4414 S. Gekler Lane Boise, Idaho 83716 DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 -8 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City"'s corporate authorities and their successors in office. This Agreement shall be binding on the owner of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer"/"Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer"/"Owner" has fully performed its obligations under this Agreement. 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 -9 '"~ ~. deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21 • FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer"/"Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Developer"/"Owner" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the uses and/or conditions governing development of the subject "Property" herein provided for can be modified or amended without the approval of the City Council after the ""City" has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 -10 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. DEVELOPER/OWNER: R-2 DEVELOPMENT, INC., AN IDAHO CORPORATION BY: Ronald W. Van Auker, President BY: Richard D. Heaton, Secretary RESOLUTION NO. CITY OF MERIDIAN BY: MAYOR ROBERT D. CORRIE Attest: CITY CLERK DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 11 /1 BY RESOLUTION NO. Z:\Work\M\Meridian 15360I~IUL? Development Dev Agmt\DevelopAgr STATE OF IDAHO 1 COUNTY OF ADA ss On this day of , in the year 2000, before me, a Notary Public, personally appeared Ronald W. Van Auker and Richard D. Heaton, known or identified to me to be the President and Secretary of R-2 Development, Inc., the persons who executed the instrument on behalf of said corporation, and acknowledged to me having executed the same. (SEAL) STATE OF IDAHO Notary Public for Idaho Commission expires: :ss County of Ada ) On this day of , in the year 2000, before me, a Notary Public, personally appeared Robert D. Come and William G. Berg, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. (SEAL) Notary Public for Idaho Commission expires: DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 -12 i1 .. - n R'>;:~.. August 17, 2001 TE 01-007 MERIDIAN CITY COUNCIL MEETING August 21, 2001 APPLICANT R2 Development, Inc. ITEM NO. REQUEST Time Extension for aone-year extension of Final Plat originally approved on August 1, 2000 for Olsen Bush II -- north of Franklin Rd and west of Eagle Rd AGENCY COMMENTS CITY CLERK: See attached Time Extension CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: No comment CITY FIRE DEPT: "No Comment" CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: "No Comment" MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Contacted: Date: Phone: Materials presented at public meetings shall become property of the Cfly of Meridian. ,-~ ~- June 20, 2001 Ms. Shari Stiles City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 R2 Development, Inc. 3084 East Lanark Meridian, ID 83642 208-887-7994 208-887-7998 Fax Re: Olsen Bush II -Final Plat -File No. 00-011 Dear Shari: i City of Meridian City Clerk Office This letter is to request a 1 year extension of the final plat approval for the above referenced subdivision. Please let me know if there is any additional information that is required in order to extend the approval. Sincerely, Bradley E. Miller Qr,'S irc y /' ,~ •.` ~ TE-of-oo-1 RECE I~~'~ ~' EXHIBIT A Legal Description Of Property A parcel of land located in the SE 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the SE corner of Section 8, T.3N., R.lE., B.M., thence N 00°54'49" E 498.00 feet along the east line of said Section 9 to the Southeast corner of Olson and Bush Industrial Park Subdivision, thence N 89°01'16" W 883.48 feet along the south boundary of said Olson and Bush Industrial Park Subdivision to the Southwest corner thereof, said point being the Real Point of Beginning of this subdivision; thence N 89°02'19" W 1041.85 feet to a point; thence N 06°09'53" W 604.59 feet to a point; thence S 89°02' 19" E 1074.86 feet to the Northwest corner of said Olson and Bush Industrial Park Subdivision; thence S 00°28' 13" E 600.11 feet along the west boundary of said Olson and Bush Industrial Park Subdivision to the Real Point of Beginning of this subdivision, comprising 14.39 acres, more or less. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 13 EXHIBIT B Findings of Fact and Conclusions of Law/Conditions of AF~roval DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND ~LTSH Il~IDUSTRIAL PARK N0.2 -14 oRiciNnz BEFORE THE MERIDIANi CITZ COUNCIL. OF THE CITY OF MERIDIAN R-2 DSVELO$MBAT OL30N AND BUSH I1rDUBTRIAL PARK NO. 2 ANNE]CATIQN AND ZOAIR(~ MERIDIAN, IDAHO FIADIDIG$ OF FACT AND CONCLUSIONS OF 7.AUT The above entitled matter having come on for consideration on June 4, 1996, and the City Council having considered this matter during the public hearing on May ?, 1996, Hrad Miller, the Petitioners representative, appearing and testifying, and the Council having adopted and approved the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission, but at the City Council meeting of June 4, 1996, the Council having requested amended Findings of Fact and Conclusions of Law, and the City Council presents the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. That a notice of a public hearing on the Annexation and Zoning request was published for two (2j consecutive weeks prior to the said public hearing scheduled before the Planning and Zoning Commission for March 12, 1996; that notice of public hearing oa the Annexation and Zoning request was published for two (2) consecutive weeks prior to the pub+ic hearing scheduled before the City Council FINDINGS OF FACT AND CONCLUSIONS OF LAW ~ / f f R2 DEVELOPMENT `T ~~.~ on May 7, 1996; that the matter was duly considered by the city Council at the May 7, 1996 hearing; that the public was given full opportunity to express comments and submit evidence; that copies of ail notices were available to newspaper, radio and television stations; that the City Council, after the May 7, 1996 hearing adopted and approved the Findings of Fact and Conclusions of Law of the Planning and Zoning Commission; that the City Council reconsidered the Findings and Conclusions of the Planning and Zoning Commission at the June 4, 1996, meeting and requested amended Findings. 2. That the property included in the application for annexation and zoning is described in the application, and by this reference is incorporated herein; that the property is approximately 14 acres in size; that the property is situated within the City of Meridian's Area of Zmpact and Urban Services Planning Area. 3. That the property is presently zoned by Ada County as RT rural Transition; that the Applicant requests I-L Light Industrial zoning for the property; that currently the property is being used as pasture land. 4. The general area surrounding the property is used for light industrial. That to the north is the Union Pacific Railroad sad on the other side of the railroad is the 8lixir Industries property which is a light industrial use; that to the west is pasture and the school district bus facility and to the south and west is the light industrial use of YMC and van Auker. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 2 5. That the property is now adjacent and abutting to the present City limits. 6. That R-2 Development/Ronald Van Auker is the Applicant; that the Applicant does own the land and has consented to this annexation and zoning and the application is not at the request of the City of Meridian. 7. That the requested zoning of Light Industrial District (I-L ) is defined in the Zoning Ordinance at 11-2-408 B . as follows (I-L) Light Industrial: The purpose of the (I-L) bight Industrial District is to provide for light industrial development and opportunities for employment of Meridian citizens and area residents and reduce the need to commute to neighboring cities; to encourage the development of manufacturing and wholesale @stablishments which are c1Qan, quiet and free of hazardous or objectionable ele:aents, such as noise, odor, dust, smoke or glare and that are operated entirely or almost entirely within enclosed structures; to delineate areas best suited for industrial development because of location, topography, existing facilities and relationship to other land uses. This district must also be in such proximity to insure connection to the Municipal Water and Sewer systems of the City of Meridian. Uses incompatible with light industry are not permitted, and strip development is prohibited.. 8. That the Applicant's representative, Mr. David Roylance testified at the Planning and Zoning hearing, March 12, 1996; that this project it located north and west bf the intersection of Franklin and Eagle Road; that to the north is the Union Pacific Railroad tracks; that the project contains 14.4 acres and has nine (9) Lots; that the Applicant proposes central sewer and central water and ACRD approved public streets. 9. That the Applicant's representative, Brad Miller, testified at the City Council hearing, May 7, 1996; that Mr. Miller FINDINGS OF FACT A1QD CONCLIISZONS OF LAW R2 DEVELOPMENT PAGE 3 referred to a memo from Shari Stiles, City Planning Director, stating that there be a requirement for the conditional use procedure for each of the nine (9) lots, not be made a requirement; that it is the preference of the Applicant that the buildings being built within the light industrial zoning being requested, not be subject to the conditional use permit process; that the requirement that sidewalks be on both aides of the atzeet be waived and that the Applicant just put sidewalks on one (1) side of the street since it is an industrial development. 10. That comments were submittsd by the Assistant to the City Engineer, Bruce Freckleton, the Planning and Zoning Administrator, Shari Stiles, the Meridian Police and Fire Departments, the Ada County Street Name Committee, and the Central District Health Department, and are incorporated herein as if set forth in full. 11. That Bruce Freckleton submitted comments and they are incorporated herein as if set forth in full; that any existing irrigation/drainage ditches crossing the property, to be included in this project, shall be tiled per City Ordinance 11-9-605 M; that any existing domestic wells and/or septic systems with this project shall be removed from their domestic service per City Ordinance except wells may be used for non-domestic purposes such as landscape irrigation; that a master street drainage plan be submitted, including the method of disposal ~ approval from the affected irrigation/drainage district; that a profile of the subsurface soil conditions shall be submitted to determine the seasonal high groundwater elevation and prepared by a soil FINDINGS OF FACT AND CONCLIISIONS OF LAW R2 DEVELOPMENT PAGE 4 r~ scientist with the street development plans; that a copy of the proposed restrictive covenants and/or deed restrictions be submitted for review; that 5 foot wide sidewalks be provided according to City Ordinance Section 11-9-606 B. ; that a letter from the Ada County Street Name Committee, approving the subdivision and street names, be submitted making any necessary corrections to the preliminary Plat map prior to re-submittal to the City; that the fire hydrant placement, with the City of Meridian's Water Works Superintendent assistance, be coordinated; and that response in writing to each of the comments on the revised Preliminary Plat Map be made to the City Clerk's office prior to the scheduled hearing date. 12. That the specific site comments from the Assistant to the City Engineer, Bruce Freckleton were the following: a. That the legal description contained is the application for Annexation and Zona.nq describes more property than what is shown on the Preliminary Plat map, however the legal dQSCription submitted with the Preliminary Plat application, by RoylancQ & Associated and titled "Legal Description for R2 Development -Olson and Sush Industrial Park No. 2 Preliminary Plat - 14.39 Acre Tract" appears to describe what is shown on the Preliminary Plat; that if it is the intention to request Annexation and Zoning for more property than what is shown on the Preliminary Plat map, a new legal description must be prepared to include all the intended property including those portions of adjacent Rights-of-way and shall be prepared by a Registered Land Surveyor, Licensed by the State of Idaho, and shall conform to all provisions of the City of Meridian Resolution No. 158. b. Water service to this development shall be from an existing main installed along the westerly side of Eagle Road and all water mains shall be installed, at subdivider's expense and locations shall be coordinated through the Public Works Department. c. Sewer service to this development shall be from a main FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT ~ PAGE 5 that is currently being designed by Pacific Land Surveyor as part of the "Ronald w. van Auker, Inc. - Sewer Project". d. When sewer and water mains are installed to service this subdivision, access to sewer and water will be directly adjacent to the twelve Lots in Olson and Bush Industrial Park No. 1, an Ada County Subdivision. e. Show, label and dimension, all existing easements and/or right-of-way within or adjacent to th® subject parcel, i.e. "Union Pacific Railroad", "Evans Drain", "Snyder Lateral", and the 60 foot wide easement going to Franklin Road and any other easements of record. f. A 60 foot wide stub street needs to be extended toward Franklin Road, adjacent to the easterly subdivision boundary. This stub street would align with the existing 60 foot wide easement across the parcel south of this development. Sewer and water mains shall be extended to the south boundary of this development within the stub street. These mains shall be installed, at subdivider's expense and locations shall be coordinated through the Public Works Department. g. The location of the proposed sewer main exiting the development appears to be in error. Coordinate with Pacific Land Surveyors for the actual design location. A 20 foot wide common area Lot needs to be centered over the proposed sewer main between the right of way of Lanark Street and the north boundary of this development. Ownership and maintenance responsibility of the common area Lot shall remain with the owners association. A blanket easement shall be granted to the City of Meridian for the operation and maintenance of the sewez main. b. That 250 watt high pressure sodium street lights will be required at locations designated by the Meridian Public Works Department. All street lights shall be installed, at subdivider's expanse; that typical locations are at street intersections and/or fire hydrants. i. The length of the cul-de-sac exceeds the maximum allowed per City Ordinance; that no variances have been requested for the excessive length. j. That the treatment capacity of the City of Meridian's Wastewater Treatment Plant is currently being evaluated; that approval of this application needs to be contingent upon our ability to accept the addi..tional sanitary sewage generated by this proposed development. 13. That Shari. Stiles, Planning and Zoning Administrator, FINDINGS OF FACT AND CONCLUSIONS OF LAIR R2 DEVELOPMENT PAGE 6 submitted comments and they include the following: a. All parking areas shall be landscaped and provided with underground sprinkler systems to meet the requirements of 11- 2-4I4.D. b. That a detailed site plan review will be required at the time of the building permit application; that this site plan review will ensure compliance with all City Ordinances. c. That the seven (7) lots in Olson Bu$h Subdivision No. 1, by owner Ron Yanke, should b® annexed to the City of Meridian; that not having this entire area annexed along the frontage of Lanark Street can create problems for the Meridian Police Department, and any development of these additional lots should take place undor the requirements of Meridian City Ordinance. d. Provide a 60 foot wide stub street to the south at the location of the existing 60 foot wide easement; that no additional access will be granted to the property south of this development from Eagle Road. e. Provide' a letter of approval from the appropriate irrigation district(s) for tiling of existing laterals/drains. f. Provide permanent non-combustible fencing adjacent to Union Pacific Railroad right-of-way prior to obtaining building permits. No encroachment of this right-of-way is permitted. In addition, at minimum, temporary fencing to contain construction debris will be required for all development. g. Since the Applicant has indicated this is a commerciallindustrial development but has requested Industrial Zoning, a conditional use permit application for a plaaned development shall be submitted and approved if it is to be considered as a mixed-use development. h. Sixty foot wide proposed Lanark Street should be readjusted to provide a better transition from the existing 50 foot wide section. i. That streetlights are to be is place prior to obtaining building permits on any parcel. j. Applicant shall submit a revised preliminary plat incorporating required staff and agency changes and showing all existing easements a minimum of two (2) weeks prior to City Council hearing. FINDINGS OF FACT AND CONCLIISIONS OF LAW R2 DEVELOPMENT ~ ~ PAGE 7 k. All sewer/water line locations should be located in public right-of-way or within a common lot. 14. There were property owners in the area of the proposed annexation that appeared and testified at the Planning and Zoning hearing on March 12, 1996, to make comments on the application and the following is a summary of their testimony: a. Guy Valentine testified, bringing visual aids to show his concerns regarding this development; that with respect to Olson Hush No ~ development, there has been absolutely no screening and no landscaping done; that his concern is this will be the case with this application; that storage yards not screened, parking lots not paved or screened; that representing some concerned citizens and residents in the area, they want their right protected to the same level of qualities or higher qualities that the environment affords; that this is a thriving area of community and single family residences and the residents would like to keep it that way; the visual pollution is degrading to the neighborhood and the community; that the protective covenants will not give the community the kind of assurances that must be given concerning the residents• vested rights; that written guarantees from the developers and owners commi.ttinq this development to provide a clean, noise-free environment, free of pollution and hazardous elements which are objectionable to the residents and property owners that are directly affected. Mr. Valentine summarized in saying that the residents believe that the subdivision is arbitrarily or artificially laid out to avoid being adjacent to the Snyder Lateral and well as to avoid being adjacent to the seven single family dwellings between which a transition yard would be necessary for protection and beautification; that a buffer strip would help with the aesthetics of Franklin Road and Eagle road entryway corridors; that this Commission require Olson Bush No. 1 developer and owners to clean up and screen their junky development to demonstrate they deserve to expand before any other development applications are approved and to require conditional use permits for all the lots; that the residents, including himself, are not against developing the area. b. Brad Miller, representing R2 development, testified that the information presented by Mr. Valentine is about the FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 8 %-` r-. Olson Bush No. I development, of which, R2 development had nothing to do with; that on the north side of Lanark, R2 development has a fine looking building and fine looking property; that R2 has other developments of equally fine looking character that Mr. valentine would be proud to have in his backyard; that C C & R's have been submitted in this phase; that screened fencing will be provided in the construction areas or yards; that all parking areas will be paved, including the yard themselves; that every storage area which R2 has currently constructed, is paved, and that this development would be the same; that R2 development does not know who ultimately will move into the buildings being constructed in this project, but the anticipation is that the property will be subdivided, buildings built and leased out; that at some point the Applicant may sell one or two of the buildings, but keeping the area looking nice is would be an incentive since the Applicant is the property owner. c. That Bill Tonkin, testified, affirming the earlier testimony of Mr. Valentine; that the property owners that overlook this property, are merely reacting to something that has occurred and doa't want to see it repeated. d. Carl Schnebly, offered testimony that he does not agree with this proposal as stated and reiteratQS that same expressions as that of Mr. Valentine. e. Dale Fletcher testified that he too, i$ in agreement with what Mr. Valentine had to say. f. That Mr. Oren Mayes testified, stating that some 30 odd years ago when most of the property along the rim at Franklin was developed and subdivided, there was no question to whether this was going to be industrial in light of the railroad; that folks are complaining about an industrial park development taking place below them when they knew an industrial park was going to happen someday. 15. There was public testimony at the City Council hearing on Map 7, 1996 and the following is a summary of that testimony: a. Guy Valentine testified that he would like the conditional use process enforced; that the residents in the~area of this project would like some guarantees from the City in protecting their view; concerned with screening, storage areas and parking; also concerned with any future development of extending these lots and if so FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 9 ~ ~ what's to protect the residents; that he would like the fall Snyder lateral to remain in the open; that Eagle Road is a designated entryway corridor and the area should be given some consideration. b. Dave Roylance testified that the conditional use permit process in an unnecessary burden; that within a certain zon® there are principle permitted uses and that it is burdensome and unfair to the developer to make this requirement; that one protection to the City would be a development agreement which would require a staff level design review process as part of the building permit process; that the developer intends to the every ditch in the project. c. That Janette Fletcher testified regarding the cleaning up of the garbage and getting that cleaned up and reiterated what Mr. Valentine testified to. 16. That Councilman Morrow commented that there are county uses within the Applicant's ground that are not zoned and annexed within the City and obviously subject to the conditional use process; that most everything west of Eagle Road is not subject to the conditional use process; that under our economic dsvelopment goal statement policy that the City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprise; that the policy of the City of Meridian is to set aside areas for commercial and industrial interest and activities to be harmonious with natural development and respect the needs or features of the area; that this can be accomplished by having covenants and restrictions within the subdivision; so from a practical standpoint he has a problem with with the conditional use process requirement. 17. That Shari Stiles commented that although the conditional use process is very cumbersome and time consuming, it does give the FINDINGS OF FACT AND CONCLIISIONS OF LAW R2 DE`TBLOPMENT PAGE 10 ~ TOTAL PAGE.1© Boa ''~ ~-. City more control; that in a light industrial zone there are recycling plants, solid waste transfer stations, any number of ~~ things that are not going to fit with what the neighbors think and that this kind of development is going to be there for a long ti.uae to come; that it is going to set a precedent and going to remain in that character for years and years; that there is nothing wring with requiring conditional use pexmits and expecting a little higher class than has been expected in the past. i 19. That Councilman Tolsma made comments that the conditional use process has validity in that it allows the City Council to see ~ what is going to happen to the -development and that if the I developer does not conform to the conditional uses, they are out of business. ~~ f 19. After additional discussion between Councilmen Morrow, Tolsma and Rountree, a motion was made to accept the Planning and ~ Zoning Findings of Fact and Conclusions of Law which was adopted on a three (3) to one (1) vote. I 20. That the property can be physically serviced with City water and sewer, but the sewer and water lines w' ' ill have to be extended to the property by the Applicant. j i 21. That Meridian has, and is, experiencing a substantial I' amount of growth; that there are pressures on land previously used for agricultural uses to be developed into residential subdivision lots, commercial and industrial uses. 22. That the following pertinent statements are made in the Meridian Compr®hensive Plan: FINDINGS OF FACT AND CONCLIISIONS OF LAW R2 DEVELOPMENT PAGE 11 A. Under the LAND, GENERAL POLICIES, section commencing at page 22, it states: Encourage a balance of land uses to ensure that Meridian remains a desirable and self- sufficient community; and under the INDUSTRIAL POLICIES, it states in part as follows: 3.1 Industrial development within the urban service planning area should receive the highest priority. 3.4 Industrial development should be encouraged to locate adjacent to existing industrial uses. 3.5 Industrial areas should be located within proximity to major utility, transportation and services facilities. 3.9 Industrial uses should be located where discharge water can be properly treated or pre-treated to eliminate adverse impacts upon the City sewer treatment facility and irrigated lands that receive industrial runoff. 3.10 Industrial uses should be located where adequate water supply and water pressure are available for fire prot®ction. and under the Eastern-Eagle Road Light Industrial Review area is stated as follows: 3.15 The City of Meridian shall encourage the development of a Technological park and compatible light industrial uses within the proximity of the Idaho Foreign Trade Zone. 3.17 It is the policy of the City of Meridian to encourage and promote light industrial development in the Eastern Light Industrial Review Area. B. Under ECONOMIC. DEVELOPMENT, Economic Development Goal Statement Policies, Page 19 i.l The City of Meridian shall make every effort to create a positive atmosphere which encourages industrial and commercial enterprises to locate in Meridian. 1.2 It is the policy of the City of Meridian to set Aside areas where commercial and industrial FINDINGS OF FACT AND CONCLUSIONS OF`LAW R2 DEVELOPi~NT PAGE 12 i.ntereste and activities are to dominate. 1.3 The character, site improvements and type of new commercial or industrial developments should be harmonized with the natural environment and respect the unique needs and features of each area. 1.5 Strip industrial and commercial uses are not in compliance with the Comprehensive Plan. 23. That the property is included near an area designated in the Meridian Comprehensive Plan as being in a Mixed/Planned Use Development area, but it is not Shown as an orange Mixed/Planned Use Development area on the Generalized Land Oee Map. 24. That in 1992 the Idaho State Legislature passed amsndmQnts to the Local Planning Act, which in 67-6513 Idaho CodQ, relating to subdivision ordinances, states as follows: "Each such ordinance may provide for mitigation of the effects of subdivision development on the ability of political subdivisions of the state, including school districts, to deliver services without compromising quality of service delivery to current residents or imposing substantial additional costs upon current residents to accommodate the subdivision."; that the City of Meridian is concerned with the increase in development that is occurring and with its impact on the City being able to provide fire, police, emergency health care, water, sewer, parks and recreation services to its current residents and business and to those moving into the City; the City is also concerned that the increase in commercial and industrial development is bringing i.n more population and is burdening the schools of the Meridian School District which provide school service to current and future residents of the City; that the City knows that the increase in population, and the housing for that population, does not FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 13 sufficiently increase the tax base to offset the cost of providing fire, police, emergency health care, water, sewer, parks and recreation services; and the City knows that the increase in population does not provide sufficient tax base to provide for school services to current and future students; that the increase in commercial and industrial,,.which might locate in this annexation would be helpful. 25. That pursuant to the instruction, guidance, and direction of the Idaho State Legislature, -.:the City may impose either a development fee or a transfefee on residential. property, which, if possible, would be retroactive and apply to all lots in the City, because of the imperilment to the health, welfare, and safety of the citizens of the City of Meridian. Z6. That Section 1I-9-605 C states as follows: "Right-of-way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas; the pedestrian easement shall be at least ten feet (18') wide." 27, That Section 11-9-605 G 1. states as follows: "Planting strips shall b® required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from. residential properties. Such screening shall be a min~+~~n+ of twenty feet (20') wide, and shall not be a part of the normal street right of way or utility easement." 28. That Section 11-9-605 8 2.rarystatea as follows; "Existing natural features- which add value to residential development and enhance-..the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable amenities) shall be preserved. in the design of the subdivision;" FINDINGS OF FACT AND CONCLUSIONS OF LAfiY R2 DEVELOPMENT PAGE 14 .. b 29. That Section 11-9-605 R states as follows; "The extent and location of lands designed for linear open space corridors should be determined by natural features and, to lesser extent, by man-made features such as utility easements, transportation rights of way or water rights of way. Landscaping, screening or lineal open space corridors may be required for the protection of residential properties from adjacent arterial streets, waterways, railroad rights of way or other features. As improved areas (landscaped), semi- improved areas (a landscaped pathway only), or unimproved areas (left in a natural state), linear open space corridors serve: 1. To preserve openness; 2. To interconnect park and open space systems within rights of way for trails, walkways, bicycle ways; 3. To play a major role in conserving area scenic and natural value, especially waterways, drainages and natural habitat; 4. To buffer more intensive adjacent urban land uses; 5. To enhance local identification within the area due to the internal linkages; and 6. To link residential neighborhoods, park areas and recreation facilities." 30. That Section 11-9-b05 L states as follows: "Bicycle and pedestrian pathways shall be encouraged within new developments as part of the public right.of way or as separate easements so that an alternate transportation system (which is distinct and separate from the automobile) can be provided throughout the City Urban Service Planning Area. The Comutission and Council shall consider the Bicycle-Pedestrian Design Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle anal pedestrian pathway provisions within developments." 31. That 11-9-607 A, of the Subdivision Ordinance, states in part as follows "The City's policy is to encourage developers of land development and construction projects to utilize the provisions of this Section to achieve the following: FINDINGS OF FACT AND CONCLQSIONS OF LAW RZ DEVEL4PI~NT PAGE 15 1. A development pattern in accord with the goals, objectives and policies of the Comprehensive Plan; S. A more convenient pattern of commercial, residential and industrial uses as well as public services which support such uses." 32. That proper notice was given as required by law and all procedures before the Planning and Zoning Commission and City Council were given and followed. coxcLVSioxs 1. That all the procedural requirements of the Local Planning Act and of the Ordinances of the City of Meridian have been met; including the mailing of notice to owners of property within 300 feet of the exteraal boundaries of the Applicant's property . 2. That the City of Meridian has authority to annex land pursuant to 50-222, Zdaho Code, and Section 11-2-417 of tha RQVised and Compiled Ordinances of the City of Meridian; that exezciae of the City's annexation authority is a legislative function. 3. That the City Council has judged these annexation, zoning and conditional use applications under Idaho Code, Section 50-222, Title 67, Chapter 65, Idaho Code, Meridian City Ordinances, Meridian Comprehensive Plan, as amended, and the record submitted to it and things of which it can take judicial notice. 4. That all notice and hearing requirements set forth in Title 6?, Chapter 65, Idaho Code, and the Ordinances of the City of irieridia~ have been Complied with. S. That the Council may take judicial notice of government FINDINGS OF FACT AND CONCLt1SI0NS OF LAW R2 DEVELOPMENT ~ PAGE 16 r~ .-. ordinances, and policies, and of actual conditions existing within the City and State. 6. That the land within the proposed annexation is contiguous to the present City limits of the City of Meridian, and the annexation would not be a shoestring annexation. 7. That the annexation application has been initiated by the Applicant with the consent of the property owner, and is not upon the initiation of the City of Meridian. 8. That since the annexation and zoning of land is a legislative function, the City has authority to place conditions upon the annexation of land. Durt vg. The City of Idaho Falls 105 Idaho 65, 665 P.D 1075 (1983). 9. That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 21-9-616, which pertains to development time schedules and requirements, and S®ction 11-9-605 M., which pertains to the tiling of ditches and waterways and 11-9-606 14., which requires pressurized irrigation. 10. That the Applicant's proposed use of the property is in compliance with the Comprehensive Plan, and therefore the annexation and zoning Application is in conformance with the Comprehensive Plan. 11. That the City adopted the Comprehensive Plan at its meeting on January 4, 1994, and has not amended the Zoning Ordinance to reflect the changes made in the Comprehensive Plan; thus, uses may be called for or allow®d in the Ca~mprehensive Plan FINDINGS OF FACT AND CONCLIISIONS OF LAW R2 DEVELOPMENT PAGE 17 ~'~, .~ but the Zoning Ordinance may not address provisions for the stated uses; it is concluded that upon annexation, as conditions of annexation, the City may impose restrictions that are not otherwise contained in the current Zoning and Subdivision and Development Ordinances. 1Z. The Applicant has not stated or represented its intentions for development, which was of concern to the Planning and Zoning Commission and is also of concern to the City Council. 13. That it is concluded that the City could annex the property and zone it as requested but the Applicant should be required to approve, adopt and record covenants, conditions and restrictions {CC&R) which set forth the requirements of the City as set forth in Conclusion 16 and entsr into a develapmeat agreement in which the City should sat forth the same dev®lopment and buildings restrictions. 14. That it is concluded that since the Comprehensiv® Plan, under LAND USE, Mixed-Use Area at Eagle Road and Franklin Road, in S.16U, states that all development requests vrill be subject to development review processing tv insure neighborhood compatibility, that such limitation should apply to the Applicant and the land involved in this Application; that it is further concluded that such restriction$ can, and should be, structured and Laid out in the CC~R's and the development agreement. It is therefore concluded that the annexation and development of the parcel of land should be subject to being de-annexed if the CC~R's and development agreement are not entered into by the City and the Applicant. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 18 15. Therefore, it is concluded that the property should be annexed and zoned Light Industrial (I-L), as requested in the Application, but shall be subject to de-annexation if the CC&R's and development agreement are not agreed upon and executed by the Applicant and the City. 16. That, as a condition of annexation and the zoning the Applicant shall be required to meet all Ordinances of the City and specifically the below stated Ordinance requirements and shall also enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall address, among other things, the following: 2. Inclusion into the development of the requirements of 11- 9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spac4s. d. R, Lineal Open Spacs Corridors. e. L, Pedestrian and Bike Path Ways. f. M, Piping of Ditches 2. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fee, adopted by the City. 3. Addressing the subdivision access linkage, screening, buffering, transitional Land uses, traffic study and recreation services. 4. Aa impact f®e to help acquire a future school or park sites to serve the area. 5. An impact fee, or fees, for park, police, and fire $ervices as determined by the city. 6. Appropriate berminq and landscaping. 7. Submission and approval of any required plats. FINDINGS OF FACT AND CONCLUSIONS OF LAW R2 DEVELOPMENT PAGE 19 ,--~ .~. 8. Submission and approval of individual building, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the sitQ improvements with the existing development. 10. Establishing a landscaped setback area all along the properties southern border and plant trees that will grow to a height in ®xcess of the twenty (20) feet, but not higher than forty (40) feet and which shall be not more than twenty-five ( 25 ) feet apart at the time of planting, shall be six (6) feet in height when planted, and an irrigation system shall be constructed, water and fertilizer supplied to the trees to allow adequate growth. 11. Addressing the comments from the City Staff, applicable at the time of annexation and zoning or at the time of development. 1Z. The sewer and water requirements. 13. traffic plans and access into and out of any development. 14. Meeting all parking and paving ordinances. i5. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing. 17. That Section 1I-2-417 D of the Meridian Zoning Ordinance states in part as follows: °If property is annexed and zoned, the City may require or permit, as a condition of the zoning, that an owner or developer make a written commitment concerning the use or development of the subject property. If a commitment is required or permitted, it shall be recorded in the office of the Ada County Recorder and shall take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. ."; that the above section states that the development agreement shall take effect upon the adoption of the ordinance annexing and zvninq the parcel, but no development agreement has been agreed.on, or even discussed. The Land could be subject to de-annexation if an FINDINGS OF FACT AND CONCLIISIONS OF LAW R2 DEVELOPMENT PAGE 20 acceptable development agreement is note ultimately agreed upon after the annexation ordinance is passed. It is concluded that the land should be annexed and zoned, but subject to de-annexation it a development agreement is not entered into. 18. That it is concluded that the annexing and zoning of the property would be in the best interests of the City of Meridian, but it is concluded that the property may be de-annexed if appropriate development agreement and CC&R's are not entered and agreed upon and executed by the City and the Applicant. 14. That the requirements of the Meridian Police Department Meridian City Engineer's office, Ada County Highway District, Meridian Planning Director, Central District Health Department, and .„:;. the applicable irrigation district, shall be met and shall be addressed in a development agreement. 20. That all ditches, canals, and waterways shall be tiled as a condition of annexation and if not so tiled, the property shall be subject to de-annexation. That pressurized irrigation shall be installed and construct®d, and if not so done the property shall be subject to de-annexation. 21. That the Applicant shall be required to connect to Meridian water and sewer, at its expense, and resolve how the water and sewer mains will serve th® land; that the development of the property shall be subject to and cvatrolled by the Subdivision and Development Ordinance and the development agreement entered into. 22. That these conditions shall run with the land and bind the applicant and its assigns. FINDINGS OF FACT AND CONCLIISIONS OF LAW R2 DEVELOPMENT PAGE 21 ~., 23. With compliance of the conditions contained herein, t~ annexation and zoning as requested in the Application would be. in the best interest of the City of Meridian. 24. That if these conditions of approval are not met, the property shall be de-annexed. APPRtriTAI. OF FINDINGS OF FACT AIiD COI~CLU1310118 The Meridian City Council hereby adopts and approves these Findings of Fact and Conclusions. AO L CAL VOTED COUNCILMAN MORROW VOTED COUNCILMAN BENTLEY VOTED_ COUNCILMAN ROUNTREE VOTED COUNCILMAN TOLSMA VOTED MAYOR CORRIE (TIE BREAKER) DSCISI0IT The Meridian City Council of the City of Meridian hereby decides that the property aet forth in the application should be approved fvr annexation and zoning under the conditions set forth in these Findings of Fact and Conclusions of Law; that if the Applicant is not agreeable with thss~s Findings of• Fact and Conclusions and is not agreeable with entering into a development agreement and adopting covsnants, conditions and restrictions, the property should not be annexed. MOTION: DISAPPROVED: APPROVED' FINDINGS OF FACT AND CONCLUSIONS OF LAW pAGE 22 R2 DEVELOPMENT ~ TOTAL PAGE • 12 *~` WHITE, PETERSON, PRUSS, MORROW & GIGRAY, P.A. ATTORNEYS AT LAW ]ULIE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE WM. F. GIGRAY, IlI STEPHEN L. PRUSS POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON TODD A. ROSSMAN TEL (208) 288-2499 NAMPA, IDAHO 83653-0247 WILLIAM A. MORROW DAVID M. SWARTLEY FAX (208) 288-2501 TEL (208) 466-9272 WILLIAM F. NICHOLS" TEARENCE R. WHITE** FAX (208) 466-4405 CHRISTOPHER S. NYE Email via Internet @ wfg@wppmg.com +ALSO ADMITTED IN OR ++ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE August 4, 2000 1ti~ ~ E I ~Ej~ ~ 0 4 2000 William G. Berg, jr. r!~`r' L~F MERIDIAN MERIDIAN CITY CLERK ,~~,~~, ,-~1 ~_~-~~ nFF~~ 33 East Idaho _ F Meridian, Idaho 83642 Re: OLSON & BUSH SUBDIVISION NO. 2 FINAL PLAT BY: RONALD W. VAN AUI~ER Dear Will: Regarding the above referenced matter, please find enclosed the original of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT for approval and signature by the Mayor and yourself. Please serve a copy of the ORDER upon the Applicant, with a Certificate of Service in the file and a copy to Planning and Zoning, Public Works and attorney's office. If you have any questions, please give me a call. Very truly yours, l~ Wm. F. Nichols msg/Z:\Work\M\Meridian 15360M\Olson & Bush No. 2~ergFPOrdAppro.lLTR RESOLUTION NO BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND R-2 DEVELOPMENT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with R-2 DEVELOPMENT, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Cleric are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with R-2 DEVELOPMENT, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and R-2 DEVELOPMENT, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. Resolution R-2 Development 1 of 2 Olson and Bush Industrial Parlc Sub. No. 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Cleric of this City, I am the custodian of its records and minutes and do hereby certify that on the day of , 2000, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR TO ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "DEVELOPMENT AGREEMENT", BY AND BETWEEN THE CITY OF MERIDIAN AND R-2 DEVELOPMENT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with R-2 DEVELOPMENT, denoted as "DEVELOPMENT AGREEMENT", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: The Mayor and Cleric are hereby authorized to enter into and on behalf Certificate of Cleric R-2 Development 1 of 2 Olson and Bush Industrial Parlc Sub. No. 2 .-~. i"~ PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. MAYOR ATTEST: CITY CLERK msg/Z:\Worlc\M\Meridian 15360M~R2 Development Dev Agmt\Resolution Resolution R-2 Development 2 of 2 Olson and Bush Industrial Park Sub. No. 2 ~~ of the City of Meridian that certain agreement with R-2 DEVELOPMENT, entitled "DEVELOPMENT AGREEMENT", by and between the City of Meridian and R-2 DEVELOPMENT, a copy of which is attached hereto marked as Exhibit "A" to this Resolution and to bind this City to its terms and conditions. WILLIAM G. BERG, JR. CITY CLERK STATE OF IDAHO, County of Ada, ) ss. On this day of , in the year 2000, before me, a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerlc of the City of Meridian, Idaho, that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. (SEAL) Notary Public for Idaho Commission Expires:_ Z:\Work\M\Meridian 15360M\R2 Development Dev Agmt\CertofClerk Certificate of Clerk R-2 Development 2 of 2 Olson and Bush Industrial Parlc Sub. No. 2 r"r WHITE, PETERSON, PRUSS, MORROW ~t GIGRAY, P.A. ATTORNEYS AT LAW JULIE KLEIN FISCHER PHILIP A. PETERSON 200 EAST CARLTON AVENUE, SUITE 31 NAMPA OFFICE WM. R GIGRAY, III STEPHEN L. PRUSS POST OFFICE BOX 1150 104 NINTH AVENUE SOUTH BRENT JOHNSON ERIC S. ROSSMAN MERIDIAN, IDAHO 83680-1150 POST OFFICE BOX 247 D. SAMUEL JOHNSON WILLIAM A. MORROW TODD A. ROSSMAN DAVID M. $WARTLEY TEL (208) 288-2499 NAMPA, IDAHO 83653.0247 WILLIAM E NICHOL$• TERRENCE R. WHITE** FAX (208) 288-2501 TEL (208) 466.9272 CHRISTOPHER $. NYE FAX (208) 466-4405 C gCWpp g Email via Internet o~ wf a m .com 'ALSO ADMITTED IN OR ""ALSO ADMITTED IN WA PLEASE REPLY TO MERIDIAN OFFICE June 13, 2000 William G. Berg, Jr., City Clerk MERIDIAN CITY HALL 33 East Idaho Meridian, Idaho 83642 Re: R-2 DEVELOPMENT / DEVELOPMENT AGREEMENT, RESOLUTION AND CERTIFICATE OF CLERK Dear Will: Please find enclosed the original of the DEVELOPMENT AGREEMENT which has been prepared to final out this project. I believe through the last four years the Development Agreement has slipped through the cracks since the Annexation and Zoning Findings were approved by the City Council back on June 18, 1996. In order to complete this matter the Development Agreement will need to be executed. I have also attached the originals of the Resolution and Certificate of the Clerk for the Development Agreement. I have also attached to the Development Agreement the Findings which were approved back on June 18, 1996 by the Council. Therefore, the Development Agreement is now ready to be submitted to the developer/owner for signature. ms~Z:\Warlc\M\Meridian 15360M\R2 Development Dev Agmt\FFCL and DevAgtCllcltr interoffice M E M O R A N D U M .'~, REc~~D AUG 1 5 200 CPfY OF MERIDLA~i To: William G. Berg, Jr. From: Wm. F. Nichol Subject: R2 DEVELOPMENT AGREEMENT Date: August 7, 2000 Will: Please find attached the correct legal to use in the development agreement for R2 Development. The Development Agreement was sent to your office on June 30, 2000, and therefore, please replace this page 13 with the old one effectively immediately. At the same time the agreement was sent to your office the Resolution and Certificate of Cleric was also delivered to you. If you have any questions please give me a call. Z:\Worlc\M\~Vleridian 15360M\R2 Development Dev Agmt\Berg080700.Mem ~~ I~~~ ~~aa~P ~,v G 5 ~(~ ~ ~ ~ C,Q t~ ~,~~• the. o~~GcG~°o~ EXHIBIT A ~~,~ Legal Description Of Prop A parcel of land located in the SE 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the SE corner of Section 8, T.3N., R.1 E., B.M., thence N 00°54'49" E 498.00 feet along the east line of said Section 9 to the Southeast corner of Olson and Bush Industrial Park Subdivision, thence N 89°0l' 16" W 883.48 feet along the south boundary of said Olson and Bush Industrial Park Subdivision to the Southwest comer thereof, said point being the Real Point of Beginning of this subdivision; thence N 89°02' 19" W 1041.85 feet to a point; thence N 06°09'53" W 604.59 feet to a point; thence S 89°02' 19" E 1074.86 feet to the Northwest corner of said Olson and Bush Industrial Park Subdivision; thence S 00°28' 13" E 600.11 feet along the west boundary of said Olson and Bush Industrial Park Subdivision to the Real Point of Beginning of this subdivision, comprising 14.39 acres, more or less. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK N0.2 - 13 .~ EXHIBIT A Legal Description Of Property d'~a A tract of land situated in the Southeast 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, described as follows: Commencing at the Southeast corner of said Section 8, thence along the southerly line of said Section 8 South 89°32'00" West a distance of 871.18 feet to a point, thence leaving said southerly line North 00°28'00" West a distance of 520.14 feet, to the Southwesterly corner of Olson and Bush Industrial Park, said corner being the POINT OF BEGINNING. Thence North 89°02'00" West a distance of 1015.07 feet to a point; Thence North 06°08'31" West a distance of 806.01 feet to a point on the northerly right-of-way of the Union Pacific Railroad; Thence along said northerly right-of-way South 89°02'00" East a distance of 1094.80 feet to a point; Thence leaving said northerly right-of-way and along the westerly boundary of said Olson and Bush Industrial Park and the northerly extension thereof South 00°28'00" East a distance of 800.06 feet to the POINT OF BEGINNING. DEVELOPMENT AGREEMENT / R-2 DEVELOPMENT/OLSON AND BUSH INDUSTRIAL PARK NO. 2 - 13 ,-1 FILE COPY BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE APPLICATION OF RONALD W. VAN AUI<ER, FOR APPROVAL OF FINAL PLAT FOR OLSON & BUSH SUBDIVISION NO. 2, LOCATED NORTH OF FRANIQ,IN ROAD AND WEST OF EAGLE ROAD, MERIDIAN, IDAHO CASE NO. FP-00-011 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council for Final Plat approval pursuant to Meridian City Code § 12-3-7 on August 1, 2000, and the Council finding that the Administrative Review is complete which has included certain comments and conditions as stated in a letter to the Mayor and Council from Shari Stiles, Planning and Zoning Administrator, and Bruce Freclcleton, Engineer Technician III, listing 7 General Comments and 16 Site Specific Comments, which are herein found fair and reasonable, and that Shari Stiles, Planning and Zoning Administrator, commented at the hearing, and the Council having considered the requirements of the preliminary plat the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Plat of "OLSON AND BUSH SUBDIVISION NO. 2" as evidenced ORDER OF CONDITIONAL APPROVAL OF -- PAGE 1 OF 4 FINAL PLAT FOR OLSON & BUSH SUBDIVISION NO. 2 (FP-00-011) in Plat bearing the File name: #0313 \0313-PLT.DWG BI<B 06/07/00, and stamped JUN 19 2000, Sheet 1 of 2, OLSON AND BUSH SUBDIVISION NO. 2, Briggs Engineering, Inc., Consulting Engineers, R2 Development, Developer, is Conditionally Approved subject to those conditions of Staff comments as set forth in the Memorandum to the Mayor and City Council from Bruce Freclcleton, Engineering Technician III, and Shari Stiles, Planning and Zoning Administrator, dated July 27, 2000, listing 7 General Comments and 16 Site Specific Comments, and the Applicant's response letter dated July 31, 2000, true and correct copies of which are attached hereto marked Exhibit "A", and consisting of 6 pages, and by this reference incorporated herein, with the additional requirements as follows, to-wit: 1.1 Fire Chief, Denny Bowers, requires that all codes, water supplys, hydrants, and temporary turn-arounds need to be approved. 1.2 The Central District Health Department requires after written approval from the appropriate entities are submitted, they can approve this proposal for central sewage and central water; that plans must be submitted to and approved by the Idaho Department of Health and Welfare, Division of Environmental Quality for central sewage and central water; that run-off is not to create a mosquito breeding problem; and it is suggested that stormwater be pretreated through a grassy Swale prior to discharge to the subsurface to prevent ORDER OF CONDITIONAL APPROVAL OF -- PAGE 2 OF 4 FINAL PLAT FOR OLSON &. BUSH SUBDIVISION NO. 2 (FP-00-011) n impact to groundwater and surface water quality; that engineers and architects should obtain current best management practices for stormwater disposal and design a stormwater management system that is preventing groundwater and surface water degradation. Manuals for guidance: 1.2.1 State of Idaho Catalog Of Stormwater Best Management Practices For Idaho Cities And Counties. Prepared by the Idaho Division Of Environmental Quality, July 1997. 1.2.2 Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. 2. The final plat upon which there is contained the Certification and signature of the City Cleric and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: a. The Plat dimensions are approved by the City Engineer; and b. The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash has been issued guaranteeing the completion of off-site and required on-site improvements. ORDER OF CONDITIONAL APPROVAL OF -- PAGE 3 OF 4 FINAL PLAT FOR OLSON &. BUSH SUBDIVISION NO. 2 (FP-00-011) By action of the City Council at its regular meeting held on the ~ ~%Sof August, 2000. ~-~ By: , ERT D. CORRIE Mayor, City of Meridian Copy served upon Applicant, the Planning and Zoning Department and the Public Worlcs Department: By: ~ ~-- ~~ ated: City Clerk ~'~-~- D~ msg\Z:\Work\M\Meridian 15360M\US West Comm CUP037\CUPFFCLDecord ORDER OF CONDITIONAL APPROVAL OF -- PAGE 4 OF 4 FINAL PLAT FOR OLSON Sz BUSH SUBDIVISION NO. 2 (FP-00-011) HU13 OF TRE-1S(,-RE t!-ILL.LY JU~YOR A Good Place to live / ; /~ Ro6~-n D. Corrie ~(T ~i T ~ R ~ T ,~ ~T L I C- ~~~ crrY couNC>z, ~~i,>B>iR,~ ~11 i O1 1Y11~1 ~ u '-~ ` g '/ ~ ~ v R~:~der~on 33 EAST IDAHO ~-~~ ~ /~ F{c:irh sirdd 1~fERIDL~N, IDAHO 83642 Tamrsrv delX~eerd (208) 888-W33 • F:1.~ (~8) 887-1813 PL\NNING ;AND ZONING Cherie ~[eCandleas c;~y Clerk Office Fax (208) 388-1218 DEP:~R"[,l.(1:NT (208) 884-5333 • F:~.~ 888-G85~1 MEMORANDUM: July 27, 2000 R~cE~D To: Mayor and City Council .~u~ z s z~ao From: Bruce Freckleton, Assistant to City En inee~~ c~ ~'' 1 Shari Stiles, P&Z Administrator 0 ~~~~ Re: Request for Final Plat for Olson-Bush Subdivision No. 2 - 10 Buildable Lots on 14.39 Acres in an I-L Zone (File# FP-00-011) Request for Variance from Requirement to Provide Pressurized Irrigation System in Accordance with City Ordinance 12-5-2.N This subject property was originally annexed in 1996 (Ordinance No. 731) and is subject to a development agreement. A review of the files did not produce evidence that a development agreement has yet been drafted. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: Any existing active irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty-watt and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP-0O-0 I 1 OlsonBush/lZ.fp.doc Mayor and City Council July 27, 2000 Page 2 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K 7. Please respond in writing to each of the comments contained herein, both General and Site Specific, prior to the August 1, 2000 meeting of the Meridian City Council. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is within the proposed development. Applicant will be responsible for constructing the sewer mains to .and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. The Evans Drain is located within a 60' easement across the northern portion of the property. The Snyder Lateral is located within a 40-foot-wide easement on the western boundary. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A letter of credit or cash will need to be submitted for tiling of the ditches prior to signature on the final plat. 4. Minimum 20-foot-wide planting strips will be required to buffer adjacent incompatible land uses and will be determined during. 5. The Findings of Fact and Conclusions of Law for the annexation are very specific and include a requirement for "a landscaped setback azea all along the property's southern boundary with tree plantings that will grow to a height in excess of 20 feet and not more than 40 feet, and which shall be not more than 25 feet apart at the time of planting, shall be six feet in height when planted, and an irrigation system shall be constructed, water and fertilizer supplied to the trees to allow adequate growth." Due to the fact that development of sepazate lots may happen over several years, staff recommends that the trees and irrigation system be constructed prior to obtaining building permits. 6. Add or revise the following notes: 1. ...any public street and subdivision boundary. 7. ...highest establish sease~l normal groundwater elevation. 8. Delete this note. This subdivision is not part of a planned development. 9. Delete second "than" on third line and correct spelling of "shrubs" at end of sentence. 10. ...maintained by the ei`~~er-e~e* '~~leek-? Olson & Bush Business Owners Association and is covered by a blanket easement for the City of Meridian sewer FP-00-011 OfsonBush#2.fp.doc i! Mayor and City Council July 27, 2000 Page 3 line and Ada County Highway District storm drain No fences structures or trees are allowed within this easement. 11. All lots within this subdivision are subject to the terms of a development agreement recorded in the office of the Ada County Recorder Instrument No 7. Revise lot lines for Lot 11, Block 1, to encompass the entire easement area. The applicant has proposed that the lot be owned and maintained by the adjacent lot owner; however, a condition of the annexation is that all sewer/water line locations should be located in public right-of-way or within a common lot. The City has experienced numerous ,problems with utility lines placed within lots that are not clearly delineated as separate from buildable lots. The common lot shall be 25.5 feet in width. Developer will be responsible to construct anall-weather gravel access road over said- lot and provide fencing on both sides of the lot. The temporary turnaround easements need to be recorded in favor of Ada County Highway District outside.of the platting process, with the Instrument Number referenced on the plat. If the easements are dedicated as part of the plat, they will need to be vacated when the roads are extended. Recording information shall be provided on the face of the plat. 9. Add "Meridian" to the situate statement on the face of the plat. 10. Please complete the Certificate of Owner and accompanying Acknowledgment. 11. All outdoor storage of equipment and materials is to be screened from view. 12. Lots 7-12, Block 1, and Lot 5, Block 3, are impacted by irrigation easements. Provide a copy of the executed encroachment agreement with Nampa-Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. 13. The Union Pacific Railroad corridor borders the property to the north. This corridor is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan. Screening and landscape buffering will need to be incorporated in all construction plans for properties bordering the UPRR right-of--way. 14. Provide permanent, non-combustible fencing adjacent to Union Pacific Railroad right-of- way prior to obtaining building permits. No encroachment of this right-of--way is permitted. 15. A development agreement needs to be approved and recorded prior to signature on the final plat. All development applications will be subject to design review. 16. Applicant has submitted an application for a variance from the pressurized irrigation requirements. The variance issue needs to be dealt with prior to approval of the final plat so that the conditions of approval properly reflect the issue. Staff does not support a FP-00-01 ~ OlsonBushtt2.fp.doc Mayor and City Council July 27, 2000 Page 4 variance from providing pressurized irrigation, as water rights and irrigation water are available within the proposed subdivision. FP-00-01 I OlsonBush#2.Fp.doc ~xh~'~~~f `i9 ,` ~/ R2 DEVELOPMENT INC. 3084 East Lanark Meridian, ID 83642 208-887-7994 208-887-7998 Fax July 31, 2000 Mayor Robert Come City Council Members 33 East Idaho Meridian, ID 83642. Re: Olson-Bush Subdivision -Request for Final Plat -Staff Report Comments Dear Mr. Mayor and Members of the City Council... We have review the Staff Report dated Juiy 27, 2000 and have the following comments. _GENERAL COMMENTS: :.... ~~ - _ 1. Acceptable. _2. Acceptable. ,. 3. Acceptable. ~riy:.,.~.. - - 4. ..:Acceptable. "'~=_~°_~` - ~ "' S. Acceptable. 6. Sidewalks will be constructed along both sides of East Lanark Street. It is assumed that the sidewalks will not extend into the Temporary -Turnaround Easement at the west end of East Lanark Street. .Sidewalks will be built along west side of N. Olson Avenue and ask that .sidewalk requirement be waived for east side of N. Olson Avenue since .there is no use forsidewaik on the east side. - ._ -.;._.-Z~____Acceptable._____ ____-- :SITE SPECFiC COMMENTS: 1. Acceptable. _2. Acceptable. 3. Acceptable, with the exception that we request the tiling be tied to "applying for building permits. Staff has verbally indicated that this would be acceptable. - - --4. Acceptable. 5. Acceptable. .r ,~ r .. ~. ~~ a - ~ Page Two - -Mayor Robert Come Meridian City Council ..July 31, 2000 6. _ 1. All utilities are in place or will be in place on completion of the road and __-_ _ _ _ _ _ - utility improvements. It is intention to provide utilities through joint trench -along E. Lanark Street; therefore, perimeter utility easements would not be necessary. Staff has verbally indicated this is acceptable. _ 7. Acceptable. - + _ 8. Acceptable. 9. Acceptable. - _ _ _ 10. Not acceptable. There is no plan for an owner's association. We -- ,propose that the sewer easement be incorporated into an adjoining lot and use restrictions be placed on the deed. The easement to the City of _; _ =Meridian is already in place. _ _ " 11. Acceptable. ~_ -~7. =`Notacceptabie. See 6.10 above. = - - -_ ~.8. -Acceptable. y° v` `-9. ~=Acceptable. ~z10. "Acceptable. ~a_; --._ ~ - ~ 11. -r-Acceptable. -. _ _.+-12.~:Acceptabie. -',13 ':~Acceptabier provided landscaping required is consistent with City ,: ~~~rdinance in effect at the time of building permit. _ =~14. '~-Acceptable, provided that chain link is considered acceptable. ~~15. Acceptable. ~.-,Notthe pressurized irrigation, but the condition that it be first. = _ - ahappreciate the opportunity to respond to these items and thank you for the _~~consideration. r= ._ - = - ySince ly, ~.----___ ~~ n . Bradley E: Miller July 24, 2000 FP 00-O1$ MERIDIAN CITY COUNCIL MEETING August 1, 2000 APPLICANT R~nnld Vc~n At~ker ITEM NO. 1.5 REQUEST Request for final plat approval of 10 building lots and 1 other lot on 14.39 acres for Olson 8~ Bush Subdivision No. 2 -north of Franklin Road and west of Eagle Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: COMMENTS See attached See attached See attached See attached ..1~,, ~~~ `~ (~ ~~ .~ \1~ ~~ ~~ OTHER: Contacted: ~,', C.~'~l~-~. l,~ 4 fit- ter" vl~ Date: ~ ~~ 1 Phone: ~j~( ~-( -~'lC~ U Materials presented at public meetings shall become property of the City of Meridian. c1~A' SUBDIVISION EVALUATION SHEET Proposed Development Name Olson and Bush Subdivision #2 File # Mrd F Date Reviewed 07/13/2000 P 00-011 Preliminary Stage Final XXX Engineer/Developer Briggs. Rirhar,~ r.,,.~ , ., _ _ ... . The Street name comments listed below are made by the members of the ADA NAME COMMITTEE (under direction of the Ada County Engineer) regardin thiOUNTY STREET accordance with the Boise City Street Name Ordinance. g development in TL _ r .. The above street name comments have been read and approved b the f representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the si natur be secured by the representative or his desig a in order f y ollowing agency approved. the street names to be offi ally ADA COUNTY STREET NAME COMMITTE , A E Y R PR SENTATIVES OR DESIGNEES Ada County Engineer John Priester Date ~ /,3 Community Planning Assoc. Ann Hurle Date ~- City of Meridian Cheryl Sable ~ ~* t Date ~ ~ 7 Meridian Fire District ~ Representative Date - / g-Zoo d NOTE: A copy of this evaluation sheet must be presented to the Ada Coun time of signing the "final plat", otherwise the plat will not be signed 1111 ty Engineer at the Sub Index Street Index 08 3N 1 E NUMBERING OF LOTS AND BLOCKS Section TRISUBSISM CIT1'.FRM MAYOR Robert D. Come .-~ HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPAR'i'~tENT (208)_33-2499 • Fax 2SR-2501 C[TY COUNCIL MEMBERS CITY OF MERIDIAN PUBLIC WORKS Ron Anderson 33 EAST IDAHO BUILD[NG DEPARTMENT MERIDIAN, IDAHO 83642 (.,08) 887-2211 • Fax 887-1297 Keith Bird Tammy deWeerd (208) 888-4-133 • Fax (208) 887-1813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT Cherie McCandless (208) 884-5533 • Fax 388-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: JUIy 12, 2000 Transmittal Date: June 26, 2000 Hearing Date: August 1, 2000 File No.: FP 00-011 Request: Final Plat of 10 building lots and 1 other lot on 14.39 acres for Olson 8~ Bush Subdivision No. Z By: Ronald W. Van Auker t_ocation of Property or Project: north of Franklin Road and west of Eagle Road Sally Norton, P/Z ** Kent Brown, P2 *' Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z "' Keith Borup, P2 ** Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C ~-Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PPIFP/PFP - 24 AZ - 27 •' no FP Ada County (Annexation) Your Concise Remarks: ~/1/O ~,y,~--'~S' .~-~~ ~ r $ .1 U L - 5 2000 C1P1T~ Vl~ ~Y11J2~J~t31JLLY Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** RECEI V~D JUN 2 7 2000 Meridian a ~kAt Water Supe ~0'3Jdd bbL0b8880Z bZ :9Z 00 ~ 90 ~flf HUB OF TREASURE VALLEY M~\YOR Roben D Come A Good Place to Live LEGAL DEPARTMENT , CITY OF MERIDIAN t208) 233-2x99 • Fax 283-2501 CITY COUNCIL MEMBE RS PUBLIC Woes Ron Anderson 33 EAS? IDAHO BU1LD[NG DEPARTMENT Keith Bird MERIDL4N, IDAHO 83612 1208) 387_~1l .Fax S37-t297 Tammy deWeerd (208) 83S-dd33 • Fax (20S) 887-1813 PLANNING AND ZONWG Cherie McCandless City Clerk Office Fax (2U3) S88-a218 DEPARTMFStT (tog) S3a.5533 • Fax 383-6SSa TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June Zfi, 2000 Hearing Date: August 1, 2000 File No-: FP 00-011 Request: Final Plat of 10 building lots and 1 other lot on 14.39 acres for Olson ~ Bush Subdivision No. 2 By: Ronald W. Van Auker Location of Property or Project: north of Franklin Road and west of Eagle Road Sally Norton, P/Z "" Kent Brown, P/Z '"' Thomas Barbeiro, P/Z '• Richard Hatcher, P/Z "" Keith 6orup, P2 " Robert Corrie, Mayor Ron Anderson, GC Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department Fire Department Police Department City Attorney City Engineer City Planner Gen - 28 VPiFP/Pfa - ya az. 37 •• rto FP G I ~'~ Meridian School District '• Meridian Post Office (FP/PP} Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ' Ada County (Annexatio~l) ,\ i6ii0a fxbLA1713880Z=Qi 2{31 b'M 3iSHM Nt/IQI2[3W ~br ~ Cr AA_OA_ l ~ HUB OF TREASURE VALLEY MAYOR Rob t D C i A Good Place to Live er . ow e CITY OF MERIDT AN --/~o CITY COUNCII, MFMBRRR ~ ~ Ron Anderson 33 EAST IDAHO ~~~ ~ ~!~' Keith Bird MERII~lAN, II~1~1 IO $3642 Tamnry deWeerd (208) 888-4433 • FAX (208} 887-4813 PLANNING AND `CONING Cherie McCandless City Berk Office Fax (208) 888218 DEPARTMENT (208) 884-5533 • FAX 888~i854 MEMORANDUM: July 27, 2000 ~~C~~~ To: Mayor and City Council .1 t~ ~ 2 ~~ 2QOd From: Bruce Freckleton, Assistant to City En inee~~ Shari Stiles P&Z Ad i i t r CITY OF MERIDIAN , m n s rato Re: Request for Final Plat for Olson-Bush Subdivision No. 2 - 10 Buildable Lots on 14.39 Acres in an I-L Zone (File# FP-00-011) Request for Variance from Requirement to Provide Pressurized Irrigation System in Accordance with City Ordinance 12-5-2.N This subject property was originally annexed in 1996 (Ordinance No. 731) and is subject to a development agreement. A review of the files did not produce evidence that a development agreement has yet been drafted. We have reviewed this submittal and offer the following comments, as conditions of the application. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: GENERAL COMMENTS: 1. Any existing active irrigation/drainage ditches crossing the property shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 3. Two-hundred-fifty-watt and 100-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 4. Submit a "Final" letter from the Ada County Street Name Committee, approving the subdivision and street names. Make any corrections necessary to conform. 5. Coordinate fire hydrant placement with the City of Meridian's Water Works Superintendent. FP-00-011 OlsonBush#2.fp.doc Mayor and City Council July 27, 2000 Page 2 6. Provide five-foot-wide sidewalks in accordance with City Ordinance Section 12-5-2.K 7. Please respond in writing to each of the comments contained herein, both General and Site Specific, prior to the August 1, 2000 meeting of the Meridian City Council. SITE SPECIFIC COMMENTS: 1. Sanitary sewer service to this site will be via an extension from the existing main that is within the proposed development. Applicant will be responsible for constructing the sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer manholes are to be provided to keep the sewer lines on the south and west sides of the centerline. 2. Water service to this site will be via extensions of existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 3. The Evans Drain is located within a 60' easement across the northern portion of the property. The Snyder Lateral is located within a 40-foot-wide easement on the western boundary. Plans will need to be approved by the appropriate irrigation drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. A letter of credit or cash will need to be submitted for tiling of the ditches prior to signature on the fmal plat. 4. Minimum 20-foot-wide planting strips will be required to buffer adjacent incompatible land uses and will be determined during. 5. The Findings of Fact and Conclusions of Law for the annexation are very specific and include a requirement for "a landscaped setback area all along the property's southern boundary with tree plantings that will grow to a height in excess of 20 feet and not more than 40 feet, and which shall be not more than 25 feet apart at the time of planting, shall be six feet in height when planted, and an irrigation system shall be constructed, water and fertilizer supplied to the trees to allow adequate growth." Due to the fact that development of separate lots may happen over several years, staff recommends that the trees and irrigation system be constructed prior to obtaining building permits. 6. Add or revise the following notes: 1. ...any public street and subdivision boundarv. 7. ...highest establish s,~ normal groundwater elevation. 8. Delete this note. This subdivision is not part of a planned development. 9. Delete second "than" on third line and correct spelling of "shrubs" at end of sentence. 10. ...maintained by the e~~~~o~~~~~~~ Olson & Bush Business Owners Association and is covered by a blanket easement for the City of Meridian sewer FP-00-011 O1sonBush#2.fp.doc Mayor and City Council July 27, 2000 Page 3 line and Ada County Highway District storm drain No fences structures or trees are allowed within this easement. 11. All lots within this subdivision are subject to the terms of a development agreement recorded in the office of the Ada County Recorder Instrument No 7. Revise lot lines for Lot 11, Block 1, to encompass the entire easement area. The applicant has proposed that the lot be owned and maintained by the adjacent lot owner; however, a condition of the annexation is that all sewer/water line locations should be located in public right-of--way or within a common lot. The City has experienced numerous problems with utility lines placed within lots that are not clearly delineated as separate from buildable lots. The common lot shall be 25.5 feet in width. Developer will be responsible to construct anall-weather gravel access road over said lot and provide fencing on both sides of the lot. 8. The temporary turnaround easements need to be recorded in favor of Ada County Highway District outside.of the platting process, with the Instrument Number referenced on the plat. If the easements are dedicated as part of the plat, they will need to be vacated when the roads are extended. Recording information shall be provided on the face of the plat. 9. Add "Meridian" to the situate statement on the face of the plat. 10. Please complete the Certificate of Owner and accompanying Acknowledgment. 11. All outdoor storage of equipment and materials is to be screened from view. 12. Lots 7-12, Block 1, and Lot 5, Block 3, are impacted by irrigation easements. Provide a copy of the executed encroachment agreement with Nampa-Meridian Irrigation District, indicating how the land underlying these easements may be used, prior to signature on the final plat. 13. The Union Pacific Railroad corridor borders the property to the north. This corridor is designated as a Multiple Use Pathway in the Meridian Comprehensive Plan. Screening and landscape buffering will need to be incorporated in all construction plans for properties bordering the UPRR right-of--way. 14. Provide permanent, non-combustible fencing adjacent to Union Pacific Railroad right-of- way prior to obtaining building permits. No encroachment of this right-of--way is permitted. 15. A development agreement needs to be approved and recorded prior to signature on the final plat. All development applications will be subject to design review. 16. Applicant has submitted an application for a variance from the pressurized irrigation requirements. The variance issue needs to be dealt with prior to approval of the final plat so that the conditions of approval properly reflect the issue. Staff does not support a FP-00-011 OlsonBush#2.fp.doc Mayor and City Council July 27, 2000 Page 4 variance from providing pressurized irrigation, as water rights and irrigation water are available within the proposed subdivision. FP-00-0i l O1sonBush#2.fp.doc 12-4-12 12-4-13 Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. (Ord. 430, 4-2-1984) 12-4-13: PIPING OF DITCHES: A. Tiling Of Irrigation Ditches, Laterals Or Canals: 1. Requirement To Cover And Enclose: All irrigation ditches, laterals or canals, exclusive of natural-waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches ~~ erals touch either or both sides of the area being sub~'• • ~ be covered and enclosed with tiling or other ~ in ability to detour access to said ditch, la+, 2. Waive Requirement ~ , requirement for covering the public purpose requirir, case. 3. Prior Approval Of Irriga ~' // involving the distribution syst~ ~ t~ the rior a rov I p pp a of that affect, 4. Plat Approval Restriction: No where the subdivision is arbitra~ ~~ being adjacent to any waterway, which it would otherwise be natu ~,,6uld otherwise naturally include. (Ord. 59. B. Impeding Movement Of Water Pro ,-~"` In the tiling of any irrigation or drainage ditch not within fhe jurisdiction of an irrigation or drainage district, such tiling shall be completed so as not to impede the movement of the amount of water crossing the property f in the open ditch prior to development and the tiling of the ditch or canal. The pipeline shall have a sloped bar-grated inlet structure and `" access/cleanout boxes at a maximum of four hundred foot (400') spacing and at all angle points of the pipeline. (Ord. 592, 11-17-1992; amd. 1999 Code) C. Boundary Line Ditches; Agreement With Landowner; Payment Of Costs: Where the ditch under consideration is on the boundary between the land being developed and adjacent land not owned by the developer or the owner of the land being developed, or is in fact City of Meridi¢n 12-4-13 12-4-13 .r~4}_. the boundary, the ditch shall still be tiled. The developer shall ~• attempt to obtain the permission of the adjacent landowner to the the ditch and attempt to have the adjacent landowner share in the cost of the tiling. If the adjacent landowner is unwilling to cooperate in sharing the cost of the tiling but willing to allow the use of his land for tiling, the developer shall the the ditch at his sole cost. If the adjacent landowner is unwilling to allow his land to be used for purposes of tiling the ditch, the developer may request the City to condemn that part of the adjacent land necessary to the the waterway but the developer shall be required to pay all of the cost of condemnation and pay all of the costs of obtaining the adjacent land , and all of the cost of tiling the ditch, lateral or canal. (Ord. 592, 11-17-1992) C t~. '~~; City of Meridi¢n ** TX CONFIRMATION ktPORT ** AS OF JUL 28 '00 09~se PAGE.01 CITY OF MERIDIAhJ DATE TIME TOiFROM 04 07128 09 35 8877998 12-4-12 MODE MIN/SEC PGS CMDii STATUS EC--S 00'44" 002 171 OK 12-4-13 Manual for Ada County (as prepared by Ada County Highway District) when reviewing bicycle and pedestrian pathway provisions within developments. (Ord. 430, 4-2-1984) 12-4-13: PIPING OF DITCHES: A. Tiling Of Irrigation Ditches, Laterals Or Canals: 1. Requirement To Cover And Enclose: All irrigation ditches, laterals o'r canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or laterals touch either or both sides of the area being subdivided, shall be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. 2. Waive Requirement To Cover: The City may waive the requirement for covering such ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. 3. Prior Approval Of Irrigation District: Any covering program involving the distribution system of any irrigation district shall have the prior approval of that affected district. 4. Plat Approval Restriction: No subdivision plat shall be approved where the subdivision is arbitrarily or artificially laid out to avoid being adjacent to any waterway, irrigation ditch, lateral or canal to which it would otherwise be naturally adjacent or which it would otherwise naturally include. (Ord. 592, 11-17-1992) B. Impeding Movement Of Water Prohibited: In the tiling of any irrigation or drainage ditch not within the jurisdiction of an irrigation or drainage district, such tiling shall be completed so as not to impede the movement of the amount of water crossing the property ,. in the open ditch prior to development and the tiling of the ditch or ~,., canal. The pipeline shall have a sloped bar-grated inlet structure and " ' access/cleanout boxes at a maximum of four hundred foot (400') spacing and at all angle points of the pipeline. (Ord. 592, 11-17-1992; amd. 1999 Code) C. Boundary Line Ditches; Agreement With Landowner; Payment Of Costs: Where the ditch under consideration is on the boundary between the land being developed and adjacent land not owned by the developer or the owner of the land being developed, or is in fact i City ojMeridian .~ - _ ~'1 CENTRAL •• DISTRICT 'HEALTH DEPARTMENT Rezone # CENTRAL DISTRICT HEALTH DEPARTMEN- Environmental Health Division Conditional Use # _ Preliminary Final Short Plat ~"~ n~ - Q~ r ~~~~~ ~~ c~~ ~. ^ I. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. UG YY~ 8-~~ l~ No. ~ Meridian ^ Kuna ^ Acz U I_ - 7 X000 ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. 8. After wr'tten approval from appropriate entities are submitted, we can approve this proposal for: central sewage ^ community sewage system ^ community water well interim sewage central water ^ individual sewage individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Divisio of Environmental Quality: central sewage community sewage system ^ community water sewage dry lines ~entral water 10. Run-off is not to create a mosquKKKKKKito breeding problem. I I. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. 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 14. ~,t~,Y ,S~ a~tisr ~ s~ T~7~ /~E G~ .-,.~-..,-~ ~~.~1~ 0./1' r4TTs~'~O Date: ~~~ "`"~7"~~ G~-o Reviewed By: ~~uf Review Sheet CDND 10/91 rch, rer. 1/91 CENTRAL ~~ DISTRICT o1THEAL DEPARTM T H ~. ,~ q ~ s, ,~; ,;,~ ENT MAIN OFFICE • IOi N. ,4RMSiRGNG Pl. • BCISE, 10 ij3J0a-09.5 ,~0~),,7„-~'i I ~ = ;;t - -t,G Tu prevent mot great disease mrd disability; to promote Irecrlthy lifestyles; mrd !u protect and promote tke Jrealt/r ruu! yrrafity uJ'uur ern•irnnorent. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a gassy swage prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best 1~Ianagement Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormtivater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Serving valley, Elmore, Boise, and ,4da Counties Ada /Boise County Office 707 (`l. Armsrong ?I. 3oise. ID 3J70a =nwro. Hedth'. 327-7499 Fcm~ly Planning: 327-7d00 ~mmun~zarions: 321-7x50 ~en,or ,vutnrron 327-7d60 ~nC 327.7d3d =AX 327-34C0 Ada-WIC Satellite Ottica Elmore County Office 506 Rocert St 520 t. nth Street ^d. 2oise. 10 33705 ~~tountcin Home.:D dJ5a7 ?h. 3Ja-3355 Enviro. Health: 537-x225 =AX: 3Jd-3355 Family Heatth: 537-aaC7 WIC. $37-adC9 FAX: 5137-352' Vclley County Ottice iCJ .V. 1; _ ~_ ?O ?cz i:: ~~ACCCII. iC X3533 ?n,53a-719d FAX: 5Ja-2 1 'a MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless HUB OF TREASURE VALLEY ~~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4.133 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 ~G g~~~po ~.{u.~,t i~io. ~5 (2081884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 26, 2000 Hearing Date: August 1, 2000 File No.: FP 00-01~ Request: Final Plat of 10 building lots and 1 other lot on 14.39 acres for Olson ~ Bush Subdivision No. 2 By: Ronald W. Van Auker t_ocation of Property or Project: north of Franklin Road and west of Eagle Road Sally Norton, P/Z ** Kent Brown, P/Z ** Thomas Barbeiro, P/Z ** Richard Hatcher, P/Z ** Keith Borup, P/Z ** Robert Come, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department ~~ Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 " no FP ;R,ECEIVED AUG 0 12000 CITY OF MERIDIAN CITY CLERK OFFICE Meridian School District ** Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) Idaho Transportation Department ** Ada County (Annexation) Your Concise Remarks: ~ -- ~ - ~ ~ ,~- ~` ~~ ~uu.,~ ,~-~ RZ DEVELOPMENT INC. 3084 East Lanark Meridian, ID 83642 208-887-7994 208-887-7998 Fax July 31, 2000 Mayor Robert Corrie City Council Members 33 East Idaho Meridian, ID 83642 c~u~ "~~ Q ~ 2000 ~ ~~ ~~ ~ ~~ ~ Re: Olson-Bush Subdivision -Request for Final Plat -Staff Report Comments Dear Mr. Mayor and Members of the City Council... We have review the Staff Report dated July 27, 2000 and have the following comments. GENERAL COMMENTS: 1. Acceptable. 2. Acceptable. 3. Acceptable. 4. Acceptable. 5. Acceptable. 6. Sidewalks will be constructed along both sides of East Lanark Street. It is assumed that the sidewalks will not extend into the Temporary Turnaround Easement at the west end of East Lanark Street. Sidewalks will be built along west side of N. Olson Avenue and ask that sidewalk requirement be waived for east side of N. Olson Avenue since there is no use for sidewalk on the east side. 7. Acceptable. SITE SPECFIC COMMENTS: 1. Acceptable. 2. Acceptable. 3. Acceptable, with the exception that we request the tiling be tied to applying for building permits. Staff has verbally indicated that this would be acceptable. 4. Acceptable. 5. Acceptable. .~ Page Two Mayor Robert Corrie Meridian City Council July 31, 2000 6. 1. All utilities are in place or will be in place on completion of the road and utility improvements. It is intention to provide utilities through joint trench along E. Lanark Street; therefore, perimeter utility easements would not be necessary. Staff has verbally indicated this is acceptable. 7. Acceptable. 8. Acceptable. 9. Acceptable. 10. Not acceptable. There is no plan for an owner's association. We propose that the sewer easement be incorporated into an adjoining lot and use restrictions be placed on the deed. The easement to the City of Meridian is already in place. 11. Acceptable. 7. Not acceptable. See 6.10 above. 8. Acceptable. 9. Acceptable. 10. Acceptable. 11. Acceptable. 12. Acceptable. 13. Acceptable, provided landscaping required is consistent with City Ordinance in effect at the time of building permit. 14. Acceptable, provided that chain link is considered acceptable. 15. Acceptable. 16. Acceptable. Not the pressurized irrigation, but the condition that it be addressed first. I appreciate the opportunity to respond to these items and thank you for the consideration. Sincer~ly, ~; ~~ Bradley E. Miller :MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless "` HUB OF TREASURE VALLEY '~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4133 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 LEGAL DEPARTMENT ('208)288-3499 • Fax 388-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNI'~!G AND ZONING DEPARTMENT (208)884-533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian City Council, please submit your comments and recommendations to Meridian City Hall Attn: Will Berg, City Clerk, by: July 12, 2000 Transmittal Date: June 26, 2000 Hearing Date: August 1, 2000 File No.: FP 00-011 Request: Final Plat of 10 building lots and 1 other lot on 14.39 acres for Olson ~ Bush Subdivision No. 2 sy: Ronald W. Van Auker Location of Property or Project: north of Franklin Road and west of Eagle Road Sally Norton, P/Z '"' Kent Brown, P/Z '"' Thomas Barbeiro, P/Z *" Richard Hatcher, P/Z *" Keith Borup, P2 ** Robert Corrie, Mayor Ron Anderson, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (no C/C only) Building Department -Fire Department Police Department City Attorney City Engineer City Planner Gen - 26 PP/FP/PFP - 24 AZ - 27 `• no FP Idaho Transportation Department ** Ada County (Annexation) j~ECEIVED JUL 0 3 2000 CITY OF MERIDIAN ~~TY f;LERK OFFICE Meridian School District "* Meridian Post Office (FP/PP) Ada County Highway District Community Planning Assoc. Central District Health Nampa Meridian Irrig. District Settlers Irrigation District Idaho Power Co. (FP/PP) U.S. West (FP/PP) Intermountain Gas (FP/PP) Bureau of Reclamation (FP/PP) 'certified Mailing Retu~~ Project Name ~l~t;n ~.~ ~~avh File No(s) `/~-j"'- Date of Hearing Name Address Reason for Retum ~.r` i'` - • • ~ -. ~ . Memo To: Will Berg From: Brad Watson, P.E. CC: File, Karie, P & Z Staff Date: 10-11-04 Re: Olsen-Bush Subdivision No. 2 I have signed the plat for the above project and am forwarding it to you for your signature. Based on our research of the project files, all conditions imposed by the Public Works Department and City Council have been met. There is no surety with this plat. Either all improvements are finaled or the surety requirement was allowed to be postponed until building permit issuance by City Council's final order on August 1, 2000. Please call Brad Miller at 887-7994 or Kent Brown at 344-9700 when the plat is ready to be picked up. Please call me if you have any questions. Thank you. G~ Fmm the desk of.. . Brad Watson, P.E. City Engineer Meridian Public Works Department 660 E. Watertower Lane, Suite 200 Meridian, Idaho 83642 • Page 1 (208) 898-5500 Fay (208) 887-1297 watsonb@ci.rneridian. id.us Brad Watson From: Brad Watson [watsonb@meridiancity.org] Sent: Monday, October 11, 2004 3:43 PM To: 'Bradley E. Miller' Cc: Kent Brown (E-mail) Subject: Olsen-Bush No. 2 Contacts: Brad Miller Brad, I signed the plat and it will be transmitted to Will Berg tomorrow with the interoffice mail. This one was a real pleasure to review: an annexation from 1996, plat approval in 2000 with changes to the conditions only found by reading the Council meeting minutes, a DA that evidently languished for 8 years and an elusive pressurized irrigation variance that finally turned up in a different file! It was certainly unique.... Please note Site Specific Comment #3 in the 7/27/00 staff report regarding tiling of the Snyder Lateral. While the staff report asked that surety be posted for it, your response letter and subsequent testimony at Council indicates it will be a requirement of building permit issuance. As such, I will have the ladies place a note in the building permit database addressing this and let P&Z know, too, of the condition in terms of future CZC's. If the tiling has already been completed, please forward to me a copy of Settlers Irrigation District final inspection approval. Will's office will call you when the plat is ready for pick up. Thanks for your patience, BRW Brad Watson, P.E. City Engineer Meridian Public Works Dept. 660 E. Watertower, Suite 200 Meridian, ID 83642 (208)898-5500 (208)898-9551 fax watsonb@meridiancity.org www.meridiancity.org .. MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless August 22, 2000 s•-. HUB OF TREASURE VALLEY ~~ A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Ronald W. VanAuker 3084 E. Lanark Meridian, ID 83642 RE: Final Plat Approval for Olson & Bush Subdivision No. 2 Dear Mr. VanAuker: LEGAL DEPARTMENT (208)288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-221 [ • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 This letter is to confirm that the City of Meridian's City Council approved the Final Plat application for the subject property at their 8/1/00 meeting. Per Ordinance Section 11-9- 604-1, the Final Plat shall be filed with the County Recorder within one (1) year after written approval by the Council; otherwise, such approval shall become null and void, unless prior to said expiration date an extension of time is applied for by the applicant and granted by the Council. The Council may authorize an extension of the final plat for a period not to exceed one year from the end of the original one year period. Any request for an extension must be filed with the Zoning Administrator prior to the lapse of the original one year and must be in writing. (Ord. 456, 9-3-85) The fee for an extension request is $100.00. Sincerely, CITY OF MERIDIAN ~~ ~~ Shari Stiles Planning Director/Zoning Administrator