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ApplicationTRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba To ensure that your comments and recommendations will be considered by the Meridian City Council please submit your comments and recommendations to Meridian City Hall Attn: Jaycee Holman, City Clerk, by: August 6, 2013 Transmittal Date: July 31, 2013 File No.: MFP 13-001 Hearing Date: August 13, 2013 Request: Modification to the Final Plat to remove a 20 -foot wide landscape easement on Lots 3. 6 and 9. Block 1 for McNelis Subdivision By: Ten Mile Investments, LLC Location of Property or Project: NWC of N. Ten Mile Road & W. Ustick Road _Joe Marshall (No FP) _Scott Freeman (No FP) _Steven Yearsley (No FP) _Michael Rohm (No FP) _ Macy Miller (No FP) _Tammy de Weerd, Mayor _Charlie Rountree, C/C _Brad Hoaglun, C/C —Keith Bird, C/C —David Zaremba C/C _ Sanitary Services (No VAR, VAC, FP) —Building Department/ Rick Jackson _ Fire Department Police Department City Attorney _Community Development City Planner City Engineer _ Economic Dev. (CUP only) _ Parks Department Your Concise Remarks: _ Meridian School District (No FP) _ Meridian Post Office (FP/PP/SHP only) _Ada County Highway District _Ada County Development Services _Central District Health _COMPASS (Comp Plan only) —Nampa Meridian Irrig. District _Settlers Irrig. District Idaho Power Co. (FP,PP,CUP/SHP only) Qwest (FP/PP/SHP only) _ Intermountain Gas (FP/PP/sHP only) _ Idaho Transportation Dept. (No FP) _Ada County Ass. Land Records Downtown Projects: _Meridian Development Corp. _Historical Preservation Comm. South of RR / SW Meridian: NW Pipeline _ New York Irrigation District Boise-Kuna Irrigation District Boise Project Board of Control / Tim Page City Clerk's Office s 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 • Fax 208-888-4218 • www.meridiancity.org C/V'rERII?IA j Planning Division COMMISSION & COUNCIL REVIEW APPLICATION Type of Review Requested (check all that apply) ❑ Alternative Compliance ❑ Annexation and Zoning ❑ Comprehensive Plan Map Amendment ❑ Comprehensive Plan Text Amendment ❑ Conditional Use Permit ❑ Conditional Use Permit Modification ❑ Development Agreement Modification ❑ Final Plat [Final Plat Modification ❑ Planned Unit Development ❑ Preliminary Plat ❑ Private Street ❑ Rezone ❑ Short plat ❑ Time Extension (Commission or Council) ❑ UDC Text Amendment ❑ Vacation (Council) ❑ Variance ❑ Other Applicant Information Applicant name: Ten Mile Investments, LLC Phone: 208-867-7124 Fax: Applicant address: 621 N. Robinson Blvd, Natuna Zip: 83687-8619 E-mail: eimcnelis@aol.com Applicant's interest in property: x Own ❑ Rent ❑ Optioned ❑ Other Owner name: Ten Mile Investments, LLC Phone: Fax: Owner address: Agent name (e.g., architect, engineer, developer, representative): engineer E-mail: Firm name: The Land Group, Inc Phone: 208-939-4041 Fax: Address: 462 E. Shore Drive, Ste 100, Eagle Zip: 83616 E-mail: tamara@a,thelandgroupino,com Primary contact is: ❑ Applicant ❑ Owner x"Agent ❑ Other Contact name: Tamara Thompson, The Land Group Phone: 208-939-4041 Fax: Contact address: 462 E. Shore Drive, Ste 100, Eagle Zip: 83616 E-mail: tamara@thelandgroupinc.com Subject Property Information Location/street address: NWC W. Ustick and N. Ten Mile Assessor's parcel number(s): R5629430010, 20, 50, 60, 70, 80, 90, 100, 110, 120, 130, 140, 150, 160, 170, 180, 190, Township, range, section: SE 1/4 34 T4N, R1W Total acreage: 31.1 Current land use: vacant land Current zoning district: C -G and I -L 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 . Website: www.meridimeity.org 1 (Rev. 0210812013) Project Description Project/subdivision name: General description of proposed projectirequest: Currently there is a 20' landscape easement noted on the final plat around parcels 3 and 4 of Block 1 We request to remove the landscape note, it is no longer needed because the surrounding property was rezoned and all of Block 1 is currently C -G. Proposed zoning district(s): Acres of each zone proposed: C -G =16.64. I -L =14.67 Type of use proposed (check all that apply): ❑ Residential x Commercial ❑ Office ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Irrigation district Which irrigation district does this property lie within? Nampa -Meridian (NMID) Primary irrigation source: Nampa -Meridian pump Secondary: City Water Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): na Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common loots:- Number of other lots: Proposed number of (for multi -family developments only): ::� 2 — 3 bedrooms: 4 or more bedrooms: Minimum square footage of structure(s) Minimum property size (s.l): Gross density (DU/acre-total land): Percentage of open space provided: Proposed building height: Average property size (s.f): _ Net density (DU/acre-excluding roads & alleys): creage of open space: Percentage of qualified open space acreage: (Seeter 3, Article G, for qualified open open space) Type of open space provided in acres (i.e., landscaping, public, common, etc)' Amenities provided with this development (if applicable): Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached To homes ❑ Duplexes ❑ Multi -family ❑ Other Non-residential Project Summary (if applicable) Number of building lots: 14 Other lots: Gross floor area proposed: max net code Existing (if applicable): na Hours of operation (days and hours): 7am-1 Opm or per CUP Building height: per code Percentage of site/project devoted to the following: Landscaping: Total number of employees: Total number of parking spaces provided: Authorization Building: Paving: Number and ages of students/children (if applicable): Number of compact spaces provided: 33 E. Broadway Avenue, Suite 102 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888-6854 • Website: www,meridiancity.org 2 (Rev. 0 210 812 0 1 3) THE LAND GROUP, INC. July 23, 2013 Sonya Watters Associate City Planner City of Meridian — Planning Division 33 E. Broadway Ave, Suite 102 Meridian, ID 83642 RE: Final Plat Modification — McNelis Subdivision Dear Ms. Watters: Attached to this letter is a Final Plat Modification application. Please consider this letter and associated application our formal request to remove the 20' Business Owners Association Landscape Easement on the McNelis Plat. The property was originally zoned with I -L, L -O, and C -G zoning. The final plat was approved on August 9, 2005. A 20' wide landscape easement is depicted on the plat on Lots 3, 5, & 9, Block 1 to buffer future uses on the L -O zoned property from the future uses on the C -G zoned property on Lots 3 & 4 as required by Meridian City Code (MCC) at that time. In June 2011, the adjacent L -O zoned property was rezoned to C -G and City code (UDC) does not require a buffer between L -O & C -G zoned property. Therefore, the landscape easement is no longer necessary. Thank you in advance for your consideration and support. Sincerely, r� Tamara Thompson The Land Group, Inc. Site Planning • Landscape Architecture • Civil Engineering • Golf Course Irrigation & Engineering • Graphic Design • Surveying 462 E. Shore Drive, Suite 100 • Eagle, Idaho 83616 • P 208.939.4041 • www.thelandgroupinc.com Si C I IA 8S'SSL M .SS,LIAO S A�f So I xx,o, _ _ _ _ ssoo: 3.n��n x •aa nln rai w PaMm�MYISV aU]unvswmamnm,samo eoa OO'OSI�Yn._ ' 7 S69 MM SS Lin S 'A, I AO S a eAt, -1 11qq i p a@ p g ImP InH tl4 � d� ���^II .OSN LP y � SII 9+'S zl q I p Y ��qq, I � E II abte® h uotimx I I 4 � m--n—I-AnP1__ Rppp ♦ �� a � b q� 1b I86$ I I q a wxs as — �3f=V .l3'iNnB 'N ps �( mw a 1 ° a ext -N -R 11N I i ag£ i �� ,�J 3,'' mis `li STATE OF IDAHO COUNTY OF ADA AFFIDAVIT OF LEGAL INTEREST name (address) o (city) (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) to submit the accompanying application(s) pertaining to that property. 2. 1 agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to corer the subject property for the purpose of site inspections related to processing said application(s). Dated this I 'L-) ay of t2 U -f - ,>ti 6-2lL , 20 SUBSCRIBED AND SWORN to before the the JEFFREY AUSTIN NOTARY PUBLIC S E OF IDAHO (Sigoture) My Commission Expires: For value received, Ten Mile Center LLC, an Idaho limited liability company C'Grantor") does bereby,grant, bargain, sell and convey unto Ten Mile Investment's; LLC whose address is 621 North Robinson Blvd., .Nampa, 11);83697 ("licantee"), tlte.real.p7opefGy situated in Ada:C;ounty, ldaho, and.IegaUy.described ort Exhibit. A, which is attached het4ttr and bkorporated:herein by this reference. Grantor warrants the property is free and clear of ail liens and encumbrances. The scope o£ Grantor's obligation pursuant to the warranties herevnder.,shxll beIimitedto. any amountsreceived by -Grantor pursuant to the policy ofittleinsurance it obtainod`byit uponleegVisition of the property described -herein: All costs.ofpursuiigaclaim under'suchpolicyoftitieinsurance shall be'bomeby Grantor: Grantor does alsohereby assign, as to the property conveyed hereunder,.the warranty Grantor obtained upon acquisition of the -property. Said assignment isivith" warranty. [Signatures appear on next page.] WARRANTY DEED - Pago I 1:\9986:0051O005xwarrsnty Deed for Ten Mile tnve trnmu 120629.doc ADA COUNTY RECORDER Christopher D. Rich AMOUNT 16.00 3 BOISE IDAHO 07110/2012 02:08 PM DEPUTY Bonnie Oberbillig SunplR 11111111111111111IIIIIIIIiliilll111111l-IN11111111111111iIIIIIN WPLnicRecording RE(bRDEn-RGQUL+ST OF when recorded, return to: FIDELITY NATIONAL TITLE - 801S 112067308 Heideman Mollerup LLP ADA COUNTY RECORDER Christopher D. Rich AMOUNT 25.00 6 do Nfike Baidncr BOISEIDAHO 08/10/2012 02:53 PM 755 W Froat Street. Ste 200 DEPUTY Bonnie Oberbillig Bndse, ID 83702 FDe I IIIIII IIIA IINI I ILII IIII I IIII RECOfde R QURecnrduig RECORI)Rn.RliQUF.ST OF IIIIINIIII IIIINB VIII IIPI IIII FIDELITY NATIONAL TITLE- BOIS 112080669 THIS DOCUMENT BEING RE—RECORDED TOCORREGT THE LEGAL DESCRIPTION WARRANTY DEED For value received, Ten Mile Center LLC, an Idaho limited liability company C'Grantor") does bereby,grant, bargain, sell and convey unto Ten Mile Investment's; LLC whose address is 621 North Robinson Blvd., .Nampa, 11);83697 ("licantee"), tlte.real.p7opefGy situated in Ada:C;ounty, ldaho, and.IegaUy.described ort Exhibit. A, which is attached het4ttr and bkorporated:herein by this reference. Grantor warrants the property is free and clear of ail liens and encumbrances. The scope o£ Grantor's obligation pursuant to the warranties herevnder.,shxll beIimitedto. any amountsreceived by -Grantor pursuant to the policy ofittleinsurance it obtainod`byit uponleegVisition of the property described -herein: All costs.ofpursuiigaclaim under'suchpolicyoftitieinsurance shall be'bomeby Grantor: Grantor does alsohereby assign, as to the property conveyed hereunder,.the warranty Grantor obtained upon acquisition of the -property. Said assignment isivith" warranty. [Signatures appear on next page.] WARRANTY DEED - Pago I 1:\9986:0051O005xwarrsnty Deed for Ten Mile tnve trnmu 120629.doc GRANTOR: Ten Mile Center LLC, an Idaho limite ` bility company 6i Edwar8 0 cis Its: Manager STATE OF IDAHO ) f )as. County of ) / r On this W day o 2012, before me, the undersigned,. allotaryPublic in and for said state, personally appeared Edwar J. MoNelis, known or identified to mete be the individual(s)who executed the instrument as manager of Tan Mile Center LLC and acknowledged to we that he executed the same. IN WITNESS WHEREOF, I have ier Vo. et;fry hand and affixed my official seal the day and year in this certificate first abov�written, ; / 1 +`,.CSE 80r °•- Idaho .t�OTARResiding at RWftNFAeti W- Mycommissionexpires: AyCanodssionex 1ft''�S�— WARRANTY DEED - Page 2 [:%9966.005UJDC5\WuM1y Deed for Ten Mile tnvesGnents 120629.doa En6` U i A laval Bunton ter Deed of Trim Lots 1, 2, 3, 5, 7, 8, 9, 10 and 11 of Block 1, and Lots 2, 3, 4, 5, Subdivision recorded in Book 100, Page 13082-13084 of the State of Idaho, less the following parcel; nd 7 in Block 2 McNells Recorder's Office in the The North 135.85 feat of the South 150.854ci of Lot 2, in -Block 1 of McNelis Subdivision, filed for rccord it"lic o4cou111,da Cowtty Recorder; Boise; Idaho in Book 100 of plats At pagcs 130821twugh 13084, said arcel be n8 shown on Record of Surrxy 10.92:4, on file underinsuwiicutNo, ti 57085 in saidOfficeof the Recorder for Ada County, Idaho, and lying in the Sonthc .. _Quarter of Section 34, TAM. R 1 W., B:M.,Meridian. Ada County, Idaho. being more pard larly described as follows: Cotmveneh-g at the SouthSirit Cotner of said Section 34, marked by a brass cap; (haute along the East Tint of said Sc't- 34 North 00°17'35 East 72.99 -feet•, fhoncc Notch 89°42'25° W- at 48.00 feet to the Southeast comer of Lot 3, Block 1 of said McNel s Subdi%ision, na rod by an ironpin; theace along; the East lino- of said Lots 3 and 2, being also the Westcrl _ riplirofnvay line of North Tea Mile Road, North 00°17 5" Wast 217.00 feet to the TRUE POINT OF BEGINNING, marked by an nou pia; theme o}ong die South hoe of the North 135.85 feet of the South l%85.feet of said Lot a feat to the West tine of said Lot 2 and: as iron pia; thence along ttlt 00917'35" East 135,$5 feet to the Northssest comer of file South 150.93 feet of said t 2. nwrked by on iron pin; thence along the North Niue of the South 150.35 feet of said South 89°43'00" East 230.00 fent to the East line of said Lot 2 and the Westerly right -of - line of North Tet.Mila Road,markad by an iron pin;. thence along said line Soul( 00017'35' West 135.85 feet to the TRUE POINT OF BEGINNING. GRANTOR: Ten Mile Center LLC, An Idaho limited liability company By: Edward McNelis Its: Manager State of Idaho, County ofss. On this 10 day of August in the year of 2012, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward J. McNelis known or.identified to me to be the person whose name is subscribed to the within instrument as the Manager of Ten Mile Center LLC and acknowledged to me that hheeexecuted the same assuch Manager. •.+°'`LIRA Aga''q Notary Public °. OTARp g Residing at: 2 ter+ My Commission Expires: �$ *i Order No. 1075383 -Ip EXHIBIT "A" All of Lot 1 and Lot 2 except the South 150.85 feet thereof, in Block 1 of McNelis Subdivision, riled for record in the Qffice of the Ada County Recorder, Boise, Idaho in Book 100 of plats at Pages 13082 through 13084, said parcel being shown on Record of Survey No. 9229 as Lot 1A, on file as Instrument No. 112057085 In said Office of the Recorder for Ada County, Idaho, and lymg in the Southeast quarter of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County Idaho being more particularly described as follows: Commencing at the Southeast corner of said Section 34, marked by a brass cap; thence along the East line of said Section 34 North 00017'35" East, 272,99 feet; thence North 89042'25" West, 48.00 feet to the Southeast corner of Lot 3 in Block 1 of said McNelis Subdivision, marked by an iron pin; thence along the East line of said Lots 3 and 2, being also the Westerly right-of-way line ofNorthTen Mile Road, North 00°17'35" East, 352.85 feet to the TRUE POINT OF BEGINNING, marked by an iron pin; thence along the North line of the South 150.85 feet of said Lot 2 North 89043'00" West, 23D,00 feet to the West line of said Lot 2 and an iron pin; thence along said line North 00"17,'35" East, 250.03 feet to the Northwest corner of said Lot 2, marked by an iron pin, being also a point on the Southerly right-of-way line of West.Nellis Drive, and a point of non -tangency with a 173.00 foot radius curve, concave Southerly (.radius point bearing South 00000'25" East); thence along said right-of-way line and the Northerly line of Lots 2 and 1 the following 5 courses: (1) Easterly along said right-of-way line and the arc of said curve through an arc length of 0.89 feet, a central angle of 00017'40" long chord bearing South 89051'15" East, 0.89 feet) to a tangent line marked by an iron pin; (2) South 89042'45" East, 112.16 feet to an iron pin; (3) South 70032'52" East, 39.61 feet to an Iron pin; (4) South 89042'25" East, 59,54 feet to an iron pin; (5) South 44°42'25" East, 28.28 feet to the East line of said Lot 1 and the Westerly right-of-way line of North Ten Mile Road, marked by an iron pin; thence along said line and the East line of said Lot 2 South 00017'35" West, 217.01 feet to the TRUE POINT OF BEGINNING. "WIL All of Lot 3 and Lot 2, except the North 135.85 feet of the South 150.85 feet thereof, in Block 1 of McNelis Subdivision, filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 100 of plats at Pages 13082 through 13084, said parcel being shown on Record of Survey No. 9229 as Lot 3A, on file as Instrument No. 112057085 in said office of the recorder for Ada County, Idaho, and lying in the Southeast quarter of Section 34, Township 4 North., Range 1 West., Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast corner of said Section 34, marked by a brass cap; thence along the East line of said Section 34 North 00017'35" East, 272.99 feet; thence North 89042'25" West, 48.00 feet to the Southeast corner of Lot 3 in Block 1 of said McNelis Subdivision, marked by an iron pin, and the TRUE POINT OF BEGINNING; thence along the South line of said Lot 3 North 89043'00 West, 230.00 feet to the. Southwest corner of said Lot 3, marked by an iron pin; thence along the West line of said Lots 3 and 2 North 00017'35" East, 217.00 feet to the North 135.85 feet of the South 150.85 feet Order Do. 1075383-ip Exhibit A Legal Description Order No. 1075383 -Ip of said Lot 2, marked by an iron pin; thence South 89043'00" East, 230.00 feet to the East line of said Lot 2 and the Westerly right-of-way line of North Ten Mile Road, marked by an iron pin; thence along said line and the East line of Lot 3. South 00017'35" West, 217.00 feet to the TRUE POINT OF BEGINNING. AND Lots 5, 7, 8, 9, 10, and 11 in Block 1; and Lots 2, 3, 4, 5, 6 and 7 In Block 2 of McNelis Subdivision, according to the official plat thereof, flied in Book 100 of Plats. at Pages 13082 through 13084, records of Ada County, Idaho Initials A Initials Order No. 1075383 -Ip Exhibit A Legal Description AFFIDAVIT OF LEGAL INTEREST urArf STATE OFiHItI�O ) COUNTY Or, ADA ) k e Ale G .5�n(rnar 4 ( dress) (city) I (state) being first duly sworn upon, oath, depose and say: That I am the record owner of the property described on the attached, and I grant my permission to: (name) (address) to submit the accompanying application(s) pertaining to that property. 2. I agree to indemnify, defend and hold the City of Meridian and its employees harmless from any claim or liability resulting from any dispute as to the statements contained herein or as to the ownership of the property which is the subject of the application. 3. I hereby grant permission to City of Meridian staff to enter the subject property for the purpose of site inspections related to processing said application(s). Dated this day ofCd I Z 20 (Signature) SUBSCRIBF,D AND SWORN to before me the day and year first above written. r— ---i tdota7 Public BBMALB F LIMIUIST Commission 000M My CommfssIda Expires imuary04 2016 16 State of Utah (Notary Publi r Idaho) Residing at: '&Vi5 %(I Jo ry My Commission Expires: 33 B Broadway Suite 210 • Meridian, Idaho 83642 Phone: (208) 884-5533 • Facsimile: (208) 888.6678 • Website: www.meridianeity.org l F j WHEN RECORDED, RETURN TO: Maverik, Inc., a Wyoming corporation 880 West Center Street North Salt Lake, UT 84054 MAIL TAX NOTICES TO: Maverik, Inc., a Wyoming corporation 880 West Center Street North Salt Lake, UT 84054 cz 7054185 Z-0 Escrow No. 126366 -JB �teco d Eisct:ronicaiiy County •"�------• Dafo •• x � T7me 5tmp11ftla,corn aeD.A60,606i Portion ofParcol S0529336175 Portion of Parcel 50529336205 WOODLAND SPRINGS, LLC, AN IDAHO LIMITED LIABILITY COMPANY'organized and existing under the laws of the State of Idaho, with a mailing address of P.O, Box 1604, Idaho Palls, County of Bonneville, State of Idaho 83403, AS GRANTOR(S), hereby CONVEYS AND WARRANTS TO MAVERIK{ INC., A WYOMING CORPORATION, organized and existing under the laws of the State of Wyoming, with a mailing address of 880 West Center Street, North Salt Lako, County of Davis, State of Utah 84054, AS GRANTBII(S), for the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION the following described property situated in the County of Ada, State of Idaho, to wit: Lot I of Woodland Springs Subdlylsion No. 4 Accordingto the Official Plat thereof, filed in Book 101 of Plats'at Pages 13419-13422, records of Ada County, Idaho, SUBJECT TO all real property taxes and assessments, all existing patent reservations, easements, rights of way, restrictive covenants and matters of record, all applicable zoning ordinances, building codes, laws and regulations, and all encroachments, overlaps, boundary line disputes, claims of easements and other matters that would be disclosed by an accurate survey or inspection of the property. The Operations Manager who signed this deed hereby certifies that this deed and the transfer represented thereby was duly authorized under_ the Articles of Organization and Operating Agreement. [CONTINUED TO NEXT PAGE) r Hearing Date: August 13, 2013 File No.: MFP-13-001 Project Name: McNelis Subdivision Request: Request for modification to the final plat for McNelis Subdivision to remove a 20 -foot wide landscape easement on Lots 3, S, and 9, Block 1, by Ten Mile Investments, LLC Location: The site is located at the northwest comer of N. Ten Mile Road and W. Ustick Road, in the SE'/4 of Section 34, Township 4N., Range IW.