ApplicationCit y Clerk’s Office ▪ 33 E. Broadway Avenue, Meridian, ID 83642 ▪ P: 208-888-4433
E:cityclerk@meridiancity.org ▪ www.meridiancity.org
TRANMITTAL TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE
CITY OF MERIDIAN
To ensure that your comments and recommendation will be considered by the Meridian Planning and Zoning
Commission/City Council, Please submit your comments and recommendations to cityclerk@meridiancity.org,
attention C.Jay Coles, City Clerk by February 15, 2019
Transmittal Date: January 24, 2019
Hearing Date: February 19, 2019
Project Name & File Number: Villasport H-2019-0011 CR
Applicant: Sadie Creek Commons, LLC.
Property Location: SW Corner of E. Ustick Rd and N. Eagle Rd.
Application Request: City Council review of the Commission’s decision in regard to the following requirements:
UDC 11-4-3-2A.1, which requires all outdoor recreation areas and structures that are not fully enclosed to maintain a
minimum setback of 100 feet from any abutting residential district; UDC 11-3A-13, which requires outdoor speaker
systems associated with the use to be located a minimum of 100 feet from all residential districts;
UDC 11-4-3-2A.2, which prohibits outdoor event or activity centers from being located within 50 feet of any
property line and limits the hours of operation to those between 6:00 am and 11:00 pm; Condition #2.2, which
limits the hours of operation of the athletic club and spa to the hours between 4:00 am and midnight (12:00 am) for indoor
activities and 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and
10:00 pm; Condition #2.10, which requires the Applicant to work with Planning Staff and ACHD to create a
crosswalk for pedestrian access to the facility from the west parking lot.
City Council / Planning and Zoning Commission Valley Transit
Mayor Idaho DEQ
Sanitary Services West Ada School District
Building Department & Community Development Meridian Post Office
Fire Department Ada County Highway District
Police Department Ada County Development Services
City Attorney Central District Health
City Public Works Compass
City Planner Nampa Meridian Irrigation District
Parks Departments Settlers Irrigation District
Economic Development Idaho Power, Intermountain Gas, Century Link
Historic Preservation Commission Idaho Transportation Department
New York Irrigation District South or RR/SW Meridian
Boise Project Board of Control NW Pipeline
Boise-Kuna Irrigation District Ada County Associate Land Records
Downtown Projects Meridian Development Corporation
Hearing Date: February 19, 2019
File No.: H-2019-0011
Project Name: Villasport
Request: City Council review of the Commission’s decision in regard to the following
requirements:
UDC 11-4-3-2A.1, which requires all outdoor recreation areas and structures that are
not fully enclosed to maintain a minimum setback of 100 feet from any abutting
residential district;
UDC 11-3A-13, which requires outdoor speaker systems associated with the
use to be located a minimum of 100 feet from all residential districts;
UDC 11-4-3-2A.2, which prohibits outdoor event or activity centers from
being located within 50 feet of any property line and limits the hours of
operation to those between 6:00 am and 11:00 pm;
Condition #2.2, which limits the hours of operation of the athletic club and spa to the
hours between 4:00 am and midnight (12:00 am) for indoor activities and 6:00 am to
11:00 pm for outdoor activities, with outdoor music limited to the hours between
9:00 am and 10:00 pm;
Condition #2.10, which requires the Applicant to work with Planning Staff
and ACHD to create a crosswalk for pedestrian access to the facility from the
west parking lot.
by Sadie Creek Commons, LLC.
Location: The site is located at the southwest corner of E. Ustick Rd. and N. Eagle Rd., in the NE ¼
of Section 5, Township 3N., Range 1E.
wE IDIAN� Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Projectname: V t"Fork
File number(s)r
Assigned Planner: Snry4- A l l er% Related files:
Type of Review Requested (check all that apply)
❑ Accessory Use (check only 1)
❑ Final Plat Modification
❑ Daycare
❑ Landscape Plan Modification
❑ Home Occupation
❑ Preliminary Plat
❑ Home Occupation/Instruction for 7 or more
❑ Private Street
❑ Administrative Design Review
❑ Property Boundary Adjustment
❑ Alternative Compliance
❑ Rezone
❑ Annexation and Zoning
❑ Short Plat
❑ Certificate of Zoning Compliance
❑ Time Extension (check only 1)
■ City Council Review
❑ Director
❑ Comprehensive Plan Map Amendment
❑ Commission
❑ Comprehensive Plan Text Amendment
❑ UDC Text Amendment
❑ Conditional Use Permit
❑ Vacation (check only 1)
❑ Conditional Use Modification (check only 1)
❑ Director
❑ Director
❑ Commission
❑ Commission
❑ Variance
❑ Development Agreement Modification
❑ Other
❑ Final Plat
Applicant Information
Applicant name: Sadie Creek Commons, LLC
Applicant address: 10789 W. Twain Ave #200
Phone: 702.851.3999
Email: randy@landbaroninv.com
City: Las Vegas State: NV Zip: 89135
Applicant's interest in property: ■ Own ❑ Rent ❑ Optioned ❑ Other
Owner name: Same as above
Owner address:
City:
Email:
Agent/Contact name (e.g., architect, engineer, developer, representative):
Phone:
State: Zip:
Firm name: The Land Group, Inc. / Tamara Thompson Phone: 208.939.4041
Agent address: 462 E. Shore Drive, Ste 100
Email: tamara@thelandgroupinc.com
City: Eagle State: ID Zip: 83616
Primary contact is: ❑ Applicant ❑ Owner N Agent/Contact
Subject Property Information
Location/street address: 3055 N. Eagle Road Township, range, section: 3N 1 E 05
Assessor's parcel number(s):S1105110100, S1105110067 Total acreage: 11.39 Zoning district: C -G
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.org/planninQ
-1 Rev: (2/2120182/7/2018)
Prcj ect/sub division name: VillaSport
General description of proposed project/request:
please see narrative for details.
Proposed zoning district(s): C -G (no change)
Acres of each zone proposed: 11.39
Type of use proposed (check all that apply):
City Council Review of Conditional Use Permit conditions
❑ Residential ❑ Office ■ Commercial ❑ Employment ❑ 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 Irrigation District (NMID)
Primary irrigation source: NMID Secondary: Domestic water
Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water):
Residential Project Summary (if applicable)
Number of residential units.. n/a Number of building lots:
Number of common lots:
Number of other lots:
Proposed number of dwelling units (for multi -family developments only):
1 bedroom:
2-3 bedrooms:
Minimum square footage of structure (excl. garage):
Minimum property size (s.f):
Gross density (Per UDC 11-1A-1):
Acreage of qualified open space:
4 or more bedrooms:
Maximum building height: _
Average property size (s.f.):
Net density (Per UDC 11-1A-1):
Percentage of qualified open space:
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B):
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse
❑ Duplex ❑ Multi -family ❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: 2 Common lots: 0 Other lots:
Gross floor area proposed: 114,300 SF Existing (if applicable): n/a
Indoor = 4am to midnight; out = 5am to 11 pm
Hours of operation (days and hours): Building height:
49'
Total number of parking spaces provided: 567 Number of compact spaces provided:
Authorization
Print applicant name: Tamara Thompson
Applicant signature:. Date. January 18, 2019
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancity.org/planning
-2- Rev: (2/7/2018)
Ti r 1""_
4 LAND
GROUP
January 23, 2019
Sonya Allen
City of Meridian —Community Development Dept
33 E. Broadway Ave, Suite 102
Meridian, ID 83642
RE: Council Review of Conditional Use Permit for H-2018-0121 VillaSport Project
Dear Ms. Allen,
Although the Proposed Project was conditionally approved for Sadie Creek Commons, LLC ("Applicant"),
Applicant hereby requests Council Review of certain conditions of the Conditional Use Permit H-2018-
0121 issued by the Planning & Zoning Commission at a public hearing on December 20, 2018.
Conditions to be Reviewed
ITEM 1:
2.1
a. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum
setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-
4-3-2A.1. The Commission interpreted the setback measurement to be from any residential
property line with a home rather than from a residential district.
The Applicant respectfully requests a review of this condition. The potential affected parties include
residences located in the residential development to the south of this commercial site (See Figure 1-A),
and each of those residences face away from the Project Site. The Project Site is highly constrained by
the Milk Lateral, N. Centrepoint Way, a 35' landscape easement and the Idaho Power facility in the front
of the property off E. Ustick Road, no direct access from N. Eagle Rd, and the need for the outdoor pools
to be situated to the west to avoid lengthy afternoon shadows. Over several months of planning and
design, Applicant examined, reviewed and vetted numerous potential site plans with VillaSport, the
primary tenant, to propose a site plan that was efficient, functional and economically feasible for
VillaSport, but also places the outdoor turf and play areas and swimming pools within 100' from the
residential district that directly abuts this commercial site to the south.
The Code establishes a 100' minimum setback from an abutting residential district to help limit the
potential for impacts on residents from adjacent outdoor recreation uses. However, this site is unique in
that the abutting residential district initially consists of an existing wooden fence, mature landscaped
trees, and a residential street before any noise would potentially travel over 100' to a residential
structure within such residential district (See Figures 1-A and 1-B)
462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.con
Page 2 of 8
Site Photo, Centerpoint Way and E. Picard Street (facing east) Figure 1-A
Site Photo, N. Cajun Lane and E. Picard Street (Facing west) Figure 1-8
r,' THE
24 1
LAND 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 • 208.939.4041 • thelandgroupinc.com
LE GROUP
Page 3 of 8
As part of the conditions of approval, Applicant is also working with Planning staff to provide further
sound mitigation. The layout of the site is also severely restricted by the aforementioned site
constraints which constraints were taken into consideration in the proposed site plan. Finally,
throughout its recent history and prior to the development of the abutting residential subdivision to the
south of the site, the site was already envisioned as a larger commercial project as referenced by former
City Council Member, Shaun Wardle, at the December 20, 2018 hearing and by the approved 2005
Master Development Agreement and this use is less intensive without big delivery trucks and loading
docks, is of a higher quality, and serves an amenity to the community and neighboring residences.
At its hearing on December 20, 2018, the Planning & Zoning Commission used interchangeably the
concept of measurement of the 100' from the residential structures as well as from their property lines.
Applicant also noted that there already exist many instances in Meridian where swimming pools, play
fields and parks are located within 100' of residential districts (See Figures 2-A, 2-8 and 2-C).
Fuller Park, Figure 2-A
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Page 5 of 8
The proposed project is not expected to produce the material noise and lighting impacts underlying the
applicable code due to existing conditions (existing residences already facing away from the Project;
limited hours of operation; and mature trees, green open space, and fencing and a street between
Project Site and the potentially impacted residences) and mitigations measures (facing lighting down and
away from residences and additional sound mitigation in new fencing to be provided). Because of these
unique conditions and the absence of a feasible alternative site plan due to site constraints, Applicant
proposes to apply a 100' setback measurement from the residential structures themselves where any
potential impact concerns occur rather than the residential property line.
ITEM 2:
c. If an outdoor speaker systems) is proposed, the location of such shall be depicted on the plans at
least 100 feet from all residential districts, unless waived through approval of a conditional use
permit per UDC 11-3A-13.
The Applicant seeks a waiver of this condition as permitted under UDC 11-3A-13. In the alternative if
such waiver is not granted, applicant seeks a review of this condition. The potentially -affected parties
would be up to four (4) residences located across the street and south of this commercial site as shown
in Figure 1-A. Applicant notes that VillaSport is already agreeing to restricting hours of use and that
VillaSport operates pool area speaker systems at all of its existing clubs including some within 100 feet
of residential structures. In the alternative of granting a waiver, Applicant proposes that the distance
limitation be interpreted as "at least 100 feet from all residential structures" rather than "at least 100
feet from all residential districts..." since the potential but unlikely noise impact would be the residences
themselves and not the open green spaces or residential streets which abut the proposed site and
buffer the residences. Applicant also agrees that any outdoor speakers located within the adult pool
area would be placed to face away from the residences located south of the site.
ITEM 3:
d. The outdoor event or activity center, which includes but is not limited to the swimming pools,
shall not be located within fifty feet (50') of any property line and shall operate only between the
hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-
2A.2.
Applicant seeks a review of this condition as to the proposed outdoor swimming pools and also seeks
reconfirmation that the turf area is not an "outdoor center or activity center." The potential impacted
parties could be a few residences in the residential subdivision adjacent to and to the south of the
Project. Applicant notes that the condition is really two conditions in that the outdoor event or activity
center: (1) will not be located within 50' of the property line and (2) limit its hours of operation to Gam
to 11pm.
We note that only the adult lap swimming pool should fall within this condition as the outdoor turf area
is primarily a play area for children without games or competitions and should not be deemed an
outdoor event of activity area. Applicant notes that no organized swimming competitions are proposed
by VillaSport in the adult lap pool areas and that this lap swimming area is restricted to adults 18 years
of age and over. Applicant also will design lighting to limit potential impacts to the residents and is
tt;r2Z,THE
24 LAND 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupine. corr
L"! GROUP
Page 6 of 8
working with Planning Staff to design noise mitigation in the fencing around the outdoor lap pool area.
Applicant also notes that no amplified noise would occur in the pool area before gam and that lap
swimming itself would be expected to make much less noise than a car driving by the residence on the
adjacent which lies between the Project and the neighboring residents.
As to the first condition, Applicant references that any and all potential concerns of noise or light
impacting the neighboring residences are already identified and addressed by the 100' restriction
imposed by ITEM 1 above. The proposed outdoor lap pool use will still be more than 100' from the
residential structures and any potential noise will be mitigated by existing wooden fencing, new noise -
mitigating non -scalable fencing, existing mature trees and the street separation by E. Picard Street as
identified in ITEM 1. Therefore, for the same reasons set forth in ITEM 1 above, Applicant respectfully
requests that this 50' limitation from the property line either be waived or adjusted to 100' from neighboring
residential structures as in ITEM 1.
As to condition (2) above, Applicant respectfully requests a one (1) hour extension of the start time to Sam
for the lap pool use. To mitigate the potential concerns of residential neighbors, Applicant agrees that such
extension hour would be seasonal and only weekdays, Monday through Friday. The need for the extension
hour is important in that VillaSport operates its masters swim team (ages 18 — 90 years old) lap swimming
sessions during that hour at its other clubs during such hour. VillaSport notes that its master's teams vary
from club -to -club but generally range from 15--25 members at its fully -operating clubs. Additionally, many
other non -masters lap swimmers also use the outdoor pools during that extension hour.
Applicant notes that some people may argue that the indoor lap pool could be a potential substitute for
outdoor lap swimming at Sam. However, if not permitted to swim outdoors, many of these lap swimmers
would go elsewhere to swim as many dedicated swimmers prefer the improved ventilation, decreased smells
and lesser temperatures associated with outdoor swimming pools. Additionally, Applicant notes that
VillaSport has other programming in its indoor pools at these times so that the master's swimmers could not
be accommodated indoors.
For the aforementioned reasons, Applicant respectfully requests that condition above be amended so that
the hours of outdoor activity could be extended one hour to start at Sam and that the 50' setback from the
property line be waived as the underlying potential concerns are already addressed in ITEM 1 above.
ITEM 4:
2.2 The hours of operation of the athletic club and spa are limited to the hours between 3:89 4:00 am
and 10!09 midnight 12:00 am) for indoor activities and 6:00 am to 11:00 pm for outdoor
activities with outdoor music limited to the hours between 9:00 am and 10:00 pm as approved
with this application.
Applicant appeals this condition as to the start time for outdoor activities during weekdays, and
Applicant respectfully requests a one-hour extension of the outdoor activities start time to 5 am on
weekdays Monday through Friday for the same reasons set forth under ITEM 3 above.
THE
LAND 462 East Shore drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.corr
Lj°-GROUP
Page 7 of 8
ITEM 5:
2.10 The Applicant shall work with Planning Staff and ACRD to create a crosswalk for pedestrian
access to the facility from the west parking lot.
The Applicant agrees to work with Planning Staff and ACHD to create such a crosswalk as set forth in this
Section 2.10 condition; however, Ada County Highway District (ACRD), the agency with exclusive
jurisdiction over N. Centrepoint Way, has already stated in its draft traffic report dent to Applicant on
January 4, 2019 that ACHD will not permit the creation of such crosswalk on N. Centrepoint Way.
Therefore, Applicant requests review of this condition as worded and would like to add the phrase ", if
permitted by ACHD" to the end of condition or alternatively, to drop the condition in its entirety.
Additional Clarification
VillaSport provides a large variety of services and amenities, as listed below, to the community as well as
its members. It is our intent to clarify each use and confirm that the Council review approves each with
this CUP approval.
VillaSport offers a concierge approach to member service with a full calendar of fitness, sports, social,
and programs and events for all ages. VillaSport amenities include:
• The facility includes men's, women's and dedicated family locker rooms and optional private
locker rentals with daily laundry service. Each locker room offers a comfortable lounge area
with large -screen TVs, complimentary lotion, shampoo, conditioner, body wash, sundries and
plush towels.
• Indoor and outdoor aquatics facilities for fun, fitness or competition including swim lessons,
swim teams and other aquatics programs. The resort environment includes zero -depth entry
recreation pools with play structures, two 26' tall waterslides, 25 -yard lap pools, indoor/outdoor
whirlpools for relaxing and socializing. A poolside cafe offers poolside lounge chair service and
ordering window options.
• The adult -only pool area offers a 25 -yard lap pool, whirlpool, outdoor fire pit, private casabellas,
and a full-service bar.
• The NBA -regulation basketball court is custom-built with cushioned wood and high-tech sports
flooring. VillaSport offers basketball leagues, clinics and pickup games for all ages including
basketball, soccer, volleyball and pickleball.
• The men's and women's whirlpool lounges include saunas and steam rooms
• The Fitness area is equipped with more than 120 state-of-the-art cardio machines and multiples
lines of free weights, functional and circuit equipment. There are flexibility and mobility areas,
individual and group training options and more than 180 group exercise classes per week.
Group exercise class examples include LES MILLS, Zumba, group cycle, Pilates, barre, yoga, aqua
exercise and family classes.
:;s%= THE
LAND 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com
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Page 8 of 8
Specific accessory uses within the proposed VillaSport Athletic Club and Spa shall include the following:
Full-service spa use within its VillaSpa is a place to relax, rejuvenate and restore your body and
soul. Open to both members and the public, VillaSpa offers an array of full-service treatments
including, for example, massages, body treatments, facials, waxing, spray tanning, manicures
and pedicures for individuals and couples. Special events such as Ladies Night Out and
Manicures with Mommy are offered.
• Restaurant use through its VillaCafe with indoor and outdoor seating (available to the public and
members) and an outdoor poolside grill restaurant (limited to members and guests) serving
burgers, hotdogs, meals, snacks, smoothies, coffee, smoothies and a bar with a full offering of
alcoholic beverages.
Childcare use through its Villa Kids program offering approximately 12,000 SF of indoor and
outdoor spaces for children six (6) weeks to 12 years of age. There are separate studios for art
and dance, a quiet room for infants, toddler area, indoor play tower, indoor multi-purpose
sports court and an outdoor play area. Each child membership includes daily parents -on -
premises complimentary temporary child care based on a monthly -themed curriculum. VillaKids
also offers children's programs where the child's parents would not be on the premises such as
weekly summer and holiday day camps and Parent's Night Out events.
In addition to these uses, VillaSport also hosts community and membership events some of which in the
past have included:
a. Open House for Schools— an annual forum for local private and public schools to provide
offering and enrollment information to all prospective students and their parents.
b. Pinewood Derby
c. Daddy/Daughter dance
d. Great Egg Hunt
e. Breakfast with Santa
f. Birthday parties
Thank you in advance for your consideration and support. We look forward to working with the City of
Meridian to plan a quality project of which we can all be proud.
Sincerely,
Tamara Thompson
Director of Client Services
The Land Group, Inc.
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PioneerTit eCo.
&DIN& B[YOffV
8151 W. Rifleman Street
Boise, ID 83704
ELECTRONICALLY RECORDED -DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OFTHE ORIGINAL, DOCUMENT
ADA COUNTY RECORDER Christopher D. Rich 2018-077282
BOISE IDAHO Pgs=6 LISA BATT 08/15/2018 02:03 PM
PIONEER TITLE COMPANY OF ADA COUNTY $15.00
File No. 594651 SRM/GL
B Three, LLC C/O Randy Black
702--499-4442 WARRANTY DEED
For Value Received B Three LLC, a Nevada limited liability company as to a 64.07% undivided
interest, George Balaban, a single man as to a 5,99% undivided interest and Larry Carter and Annette
Carter as Trustees of the Lary and Annett Carter Trust as to a 29.94% undivided interest
hereinafter referred to as Grantor, does hereby grant, bargain, sell, warrant and convey unto
Sadie Creek Commons, LLC a Nevada Limited Liability Company
hereinafter referred to as Grantee, whose current address is F 0 i K 7 iffdn Ave - 4�wD
The following described premises, to -wit: LA, -.-,Nu
See Exhibit A attached hereto and made a part hereof.
To HAVE AND TO 14OLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantees(s) heirs and assigns Forever. And the said Grantor(s) does (do) hereby covenant to and with the
said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are
free from all encumbrances EXCEPT those to which this conveyance is expressly made suhject and those
made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions,
dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies,
and assessments, includes irrigation and utility assessments, (if any) which are not yet due and payable,
anyl hat Grantor(s) will warr,gnt and defend the same From all lawful claims whatsoever.
Aul;ustf .1 LV,/ .12018
Annette Carter, Trustee
B 'Three, L
By: �� Its:
Pion eerflitleCo-,
r,
81 1 W. Rifleman Street
Boise, ID 83704
ELECTRONICALLY RECORDED -DO NOT
REMOVE THE COUNTY STAMPED FIRST
PAGE AS IT IS NOW INCORPORATED AS
PART OF THE ORIGINAL_ DOCUMENT
File No. 594651 SRM/GL
WAR%k— NTY DEED
For Value Received B Three LLC, a Nevada limited liability company as to a 64.07% undivided
interest, George Balaban, a single man as to a 5.99% undivided interest and Larry Carter and Annette
Carter as 'Trustees of the Larry and Arnett Carter Trust as to a 29.94% trndlvlded interest
hereinafter referred to as Grantor-, does hereby grant, bargain, sell, warrant and convey unto
Sadie Creek Commons, LLC a Nevada Limited Liability Company
hereinafter referred to as Grantee, whose current address is
The following described premises, to -wit: SC -S rU�
See Exhibit A attached hereto and made a part hereof.
To HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and
Grantees(s) heirs and assigns forever. And the said Grantor(s) does (do) hereby covenant to and with the
said Grantee(s), the Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are
free from all encumbrances EXCEPT those to which this conveyance is expressly made subject and those
made, suffered or done by the Grantee(s); and subject to U.S. Patent reservations, restrictions,
dedications, easements, rights of way and agreements, (if any) of record, and current years taxes, levies,
and assessments; includes irrigation and utility assessments, (if any) which are not yet due and payable,
and that Grantor(s) will warrant and defend the same from all lawful claims whatsoever.
I.3aieci: AEIgL1St^i&::_ 2018
George Balaban
11 Three. LLC
By: Its:
State of.. County of C ` ' 1,"
This record was acknowledged before me on a 44-6 by George Balaban
Signature of notary public
Commission Expires: 13-wle '-'VI °2U
-170
State of wydl County of 6"
MARCIA GIORDANO
Notary public State of Nevada
No. 16-2966-1
My Appt. Exp. June 30, 2020
This record was acknowledged before me on by tarry Carter and Annette Carter, as
Trustees of The Larry and Annette Carter Trust .
Signature of notary public
Commission Expires: I�Ot "--2,0.
State of �� , County of aw
This record was acknowledged before me on
&[k1APy P- of B Three, LLC .
Signature of notary public
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MARCIA GIORDANO
Notary public State of Nevada
No- 16-2966-1
My Appt. Exp. June 30, 2020
Cy ��d,�-43'��ic� fir, as
r3 MARCIA GIORDANO
Y's Notary Public Stats of Navada
'* No. 16-2966-I
- My Appt. Exp. June 30, 2020
EXHIBIT A
PARCEL SI 105110067:
PARCEL "A" OF ROS 6418:
A parcel of land lying in the Northeast quarter Northeast quarter of Section 5, Township 3 North, Range I East,
Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at a found brass cap marking the Northeast corner of said Section 5, Township 3 North, Range I East,
Boise Meridian, Ada County, Idaho, said brass cap bears North 89039'20" East, 2656.46 feet from a set 5/8" iron pin
marking the North quarter corner of said Section 5, said brass cap also bears North 00100'00" West, 2611.41 feet
(fonnerly 2611.50 feet) from a found brass cap marking the East quarter corner ofsaid Section 5;
Thence South 89°39'20" West 495.33 feet along the North boundary of the said Northeast quarter Northeast quarter
of Section 5 and along the centerline of Ustick Road to a point;
Thence South 01'05'59" West 25.00 feet to a found 5/8" iron pin lying on the Southerly right of way ofsaid Ustick
Road and marking the REAL POINT OF BEGINNING;
Thence continuing South 01°05'59" West 319.26 feet to a set 5/8" iron pin;
Thence North 81°54'00" West 278.88 feet to a set 5/8" iron pin;
Thence North 66'12'00" West 60096 feet to a set 5/8" iron pin lying on the Easterly boundary of Carol's
Subdivision No. 2, as recorded in Book 39 of Plats at pages 3248 and 3249, records of Ada County, Idaho;
Thence North 00°15'1 1" West 32.39 feet along the said Easterly boundary of Carol's Subdivision No. 2 to a found
5/8" iron pin marking the Northeast corner of said Carol's Subdivision No. 2, said pin also lying on the said
Southerly right of way of Ustick Road;
Thence North 89039'20" East 832.24 feet (formerly 832.27 feet) along the said Southerly right of way of Ustick
Road to the REAL POINT OF BEGINNING.
EXCEPT that portion conveyed to Ada County Highway District by deed recorded under Instrument No.
105044544, described as follows:
A strip of land along the Northern line of that parcel of land as described in Quit Claim Deed Instrument No,
104019258, Ada County records, situated in the Northeast 1/4 ofthe Northeast 1/4 of Section 5, Township 3 North,
Range I East, Boise Meridian, Ada County, Idaho, said strip of land being more particularly described as follows:
Commencing at the Northeast corner ofsaid Section 5, thence along the North line ofsaid Section North 89"44'39"
West 495.32 feet; thence leaving said North line South 00°41'54" West 25.00 feet to the Northeast comer of that
parcel of land as described in said Quit Claim Deed, being the REAL POINT OF BEGINNING; thence along the
East line of said Quit Claim Deed Parcel
South 01 °41'54" West 16.45 feet; thence leaving said East line
North 88°47'15" West 206.38 feet; thence
North 89144'39" West 625.39 feet to the West line ofsaid Quit Claim Deed Parcel; thence along said West line
North 00°20'50" East 13.00 feet to a point on the South Right -of -Way line of East Ustick Road; thence along said
South Right -of -Way line being parallel with and 25.00 feet South of the North line of said Section 5
South 89144'39" East 832.13 feet to the REAL POINT OF BEGINNING.
ALSO EXCEPTING THEREFROM that property deeded to Ada County Highway District by Warranty Deed
recorded December 28, 2006 as Instrument No. 106200711, described as follows:
A parcel of land situated in the Northeast Quarter of Section 5, Township 3 North, Range I East, Boise Meridian,
City of Meridian, Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at the Northeast corner ofsaid Section 5, thence along the North line of said section being the
centerline of East Ustick Road
North 89144'39" West 1077.28 feet to a point; thence leaving said North line
South 00°15'21" West 38.00 feet to the South Right -Of -Way line of said East Ustick Road to the REAL, POINT OF
BEGINNING; thence
South 45123'02" West 53.86 feet to a point; thence
North 89°44'39" West 59.00 feet to a point; thence
North 45°22'34" West 54.34 feet to a point on said South Right -Of -Way line; thence along said South Right -Of -Way
line South 89°44'39" East 136.01 feet to the REAL POINT OF BEGINNING.
FURTHER EXCEPTING THEREFROM the following property described as an exclusive Easement granted to Ada
County Highway District and others and excluded from the assessment of the remaining fee. Said document recorded
January 10, 2008 as Instrument No, 108003152 described as follows:
A parcel of land being a portion of Section 5, Township 3 North, Range I East, Boise Meridian, Meridian, Ada
County, Idaho, being more particularly described as follows:
Commencing at the Northeast corner of Section S. T.3N., R. I E., B.M., thence
S89039120"W 1083.59 along the North line of said Section 5 to a point; thence
S00020'40"E 38.00 feet to a point on the South right of way of Ustick Road, the REAL POINT OF BEGINNING of
this description; thence
S44°24'04" W 49.28 feet to a point; thence
S00°51' I2"E 314.29 feet to a point; thence
S I9°25'47"E 13.11 feet to a point; thence
S00022'09"W 28.38 feet to a point on the North boundary of proposed Bienville Square Subdivision; thence
N71029'1 0"W 66.03 feet along said North boundary line to a point, thence
N 14°27'44" E 17.85 feet to a point; thence
N00°51' l TV 316.43 feet to a point; thence
N45035'56"W 49,72 feet to a point on said Ustick Road Right of Way; thence
N89°39'20"E 124.00 feet to the REAL POINT OF BEGINNING of this description.
FURTHER EXCEPTING THEREFROM that property conveyed to Ada County Highway District by Warranty
Deed as Instrument No. 113068849, described as follows:
Parcel 15
Right -of -Way Requirement
A parcel of land situated in Government Lot 1 in Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada
County, Idaho and being a portion of that Warranty Deed filed as Instrument Number 105081347 and as shown as
Parcel "A" on Record of Survey No. 6418, tiled as Instrument Number 109016722 in the records of Ada County,
Idaho, more particularly described as follows:
Commencing at a found brass cap marking the Northeast corner of said Section 5 at the intersection of Ustick Road
and Eagle Road from which a found 5/8" iron pin marking the Northwest corner of said Govt. Lot I (N 114 corner)
bears N 89°44'29" W, 2656.56 feet, thence N 89144'29" W, 1328.34' feet (formerly S 89°39'20" W. 1328.23') along
the North boundary of the NEI/4 of said Section 5 to a found 5/8" rebar marking the East 1/16 corner, thence S
0°20'53"W, 38.00 feet (formerly S 0°15'11" E) along the West boundary of said Govt, Lot 1 to a point on the West
boundary of said Parcel "A" and the Southwesterly corner for that right-of-way described in Warranty Deed filed as
Instrument Number 105044544 in the records of Ada County, said point also being the POINT OF BEGINNING,
Thence S 89°4429" E, 115. l 1 feet (formerly S 89144'39"E) along the Southerly Right -of -Way parallel With and
measuring 38.00 feet from said North boundary of said Govt. Lot I and centerline of Ustick Road to a point on the
Westerly right-of-way for that parcel described in Warranty Deed filed as Instrument Number 106200711 in the
records of Ada County;
Thence along said Westerly right-of-way S 45°22'24"E, 14.30 feet (S 45°22'34"E per WD410620071 1) to a point;
Thence leaving said Westerly right-of-way N 89°44'29" W, 125.34 feet parallel with and measuring 48.00 feet from
said North boundary of said Govt. Lot I and centerline of Ustick Road to the West boundary of said Parcel "A';
Thence N 0°20'53"E, 10,00 feet (N 0° 15' 1 1" W per Parcel "A") along said West boundary to the Point of Beginning.
PARCEL S 1105110100:
PARCEL "C" OF ROS 6418:
A parcel of land lying in the Northeast quarter Northeast quarter of Section 5, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows:
Commencing at a found brass cap marking the Northeast corner of said Section S, Township 3 North, Range 1 East,
Boise Meridian, Ada County, Idaho, said brass cap bears North 89139'20" East 2656.46 feet from a set 5/8" iron pin
marking the North quarter corner of said Section 5, said brass cap also bears North 00°00'00" West 2611,41 feet
(formerly 2611.50 feet) from a found brass cap marking the East quarter corner of said Section 5;
Thence South 00°00'00" East 400,00 feet along the East boundary of the said Northeast quarter Northeast quarter of
Section 5 to a point;
Thence North 84°06'00" West 51,29 feet to a set 5/8" iron pin lying on the Westerly right of way of State Highway
55 (Eagle Road), said pin also marking the REAL POINT OF BEGINNING;
Thence South 01 °14'39" West 276.81 feet along the said Westerly right of way of State Highway 55 (Eagle Road) to
a set 5/8" iron pin;
Thence North 83°54'00" West 510.21 feet to a set 5/8" iron pin;
Thence North 71128'10" West 803.90 feet to a set 5/8" iron pias lying on the Easterly boundary of Carol's
Subdivision No. 2, as recorded in Book 39 of Plats at pages 3248 and 3249, records of Ada County, Idaho;
Thence North 00°15'1 1" West 296.40 feet along the said Easterly boundary of Carol's Subdivision No, 2 to a set 5/8"
iron pill.,
Thence South 66°12'00" East 600.96 feet to a set 5/8" iron pin;
Thence South 81°54'00" East 303.60 feet to a set 518" iron pin;
Thence South 84006'00" East 428.70 feet to the POINT OF .BEGINNING.
EXCEPTING THEREFROM the following property described as an exclusive Easement granted to Ada County
Highway District and others and excluded 6-orn the assessment of the remaining fee. Said document recorded
January 10, 2008 as Instrument No. 108003152 described as follows:
A parcel of land being a portion of Section 5, Township 3 North, Range I East, Boise Meridian, Meridian, Ada
County, Idaho, being more particularly described as follows:
Commencing at the Northeast confer of Section 5, T.3N., R. I E,, B.M., thence
S89039'20"W 1083.59 along the North line of said Section 5 to a point; thence
S00020'40" E 38.00 feet to a point on the South right of way of Ustick Road, the REAL POINT- OF BEGINNING of
this description; thence
844024'04" W 49.28 feet to a point; thence
S00°51' 12"E 314.29 feet to a point; thence
S 19025'47"E 13.11 feet to a point; thence
S00022'09"W 28.38 feet to a point on the North boundary of proposed Bienville Square Subdivision; thence
N71028'1 O -W 66,03 feet along said North boundary line to a point; thence
N 14027'44" E 17.85 feet to a point; thence
N0005 V] TV 316.43 feet to a point; thence
N45035'56"W 49,72 feet to a point on said Ustick Road Right of Way; thence
N89039'20"E 124.00 feet to the REAL POINT OF BEGINNING of this description.
COMMITMENT OF PROPERTY POSTING
Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a
public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment
and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing.
The applicant shall post a copy of the public hearing notice of the application(s) on the property
under consideration.
The applicant shall submit proof of property posting in the form of a notarized statement and a
photograph of the posting to the City no later than seven (7) days prior to the public hearing
attesting to where and when the sign(s) were posted. Unless such Certificate is received by the
required date, the hearing will be continued.
The sign(s) shall be removed no later than three (3) days after the end of the public hearing for
which the sign(s) had been posted.
I am aware of the above requirements and will comply with the posting requirements as stated in
UDC 11-5A-5.
Applicant/agent signature
January 18, 2019
Date
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 www.meridiancitv.orelplannin¢