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Application Materials Development Application Transmittal Link to Project Application: Eagle Commons MDA H-2019-0082 Hearing Date: September 3, 2019 Assigned Planner: Sonya Allen To view the City of Meridian Public Records Repository, Click Here The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to cityclerk@meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Hearing Date: September 3, 2019 File No.: H-2019-0082 Project Name: Eagle Commons MDA Request: Request to modify an existing development agreement for the purpose of removing the subject property from DA Instrument #108008770 to be placed in a new, separate agreement, by The Land Group, Inc. Location: The site is located at 3085 E. Ustick Rd., in the NE 1/4 of the NE 1/4 of Section 5, Township 3N., Range IE. C '/'- ((IEN Planning Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONL / Project name: File number(s).. - Z-0 19 - OD $ �- Assigned Planner: All e A 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: Barclay Group Phone: 4 8 0. 2 9 6 .4 2 8 6 Applicant address: PO Box 733 Email:rgaston@barclaygroup.com Citv: Boise State: I D Zip: 83701 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ❑ Other Owner name: Knudsen Poor Farms Inc. Owneraddress: 98 Fort Hall Ave City. American Falls Email: Phone: State: ID Zip: 83211 Agent/Contact name (e.g., architect, engineer, developer, representative): Firm name: The Land Group / Tamara Thompson Phone: 208 . 761 . 4895 Agent address: 462 E. Shore Drive, Ste 100 Email:tamara@thelandgroupinc.com City: Eagle State: ID Zip: 83616 Primary contact is: ❑ Applicant ❑ Owner ❑ Agent/Contact Subject Property Information Location/street address: 3 085 E. Ustick Road Township, range, section: 3N 1E 5 Assessor's parcel number(s): S 110 5110 0 2 5 Total acreage: 3. 2 9 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.meridianciiy.org/planning -1 Rev: (2/2120182/7/2018) Project/subdivision name: Eagle Commons General description of proposed project/request: Development Agreement Modification to revise site plan. Proposed zoning district(s): C -G (no change) Acres of each zone proposed: 3.29 acres Type of use proposed (check all that apply): ❑ 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 Primary irrigation source: NMID Secondary: City Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): Residential Project Summary (if applicable) N/A Number of residential units: 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: 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: _ Minimum property size (s.f): Average property size (s.f.): Gross density (Per UDC 11-1A-1): Net density (Per UDC 11-1A-1): Acreage of qualified open space: 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 ❑ Duplex ❑ Multi -family ❑ Vertically Integrated Non-residential Project Summary (if applicable) ❑ Single-family Attached ❑ Townhouse ❑ Other Number of building lots: 1 Common lots: 0 Other lots: 0 Gross floor area proposed: 25,900 SF Existing (if applicable): 0 Hours of operation (days and hours): 24 hr/day, 365 days Buildingheight: Per Code Total number of parking spaces provided: 137 Number of compact spaces provided: Authorization Print applicant name: Tamara Thompson Applicant signature: Date: 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) '`''�" �: .-�_- T H E LAND GROUP July 15, 2019 Bill Parsons Planning Supervisor City of Meridian — Community Development Department 33 E. Broadway Ave, Suite 102 Meridian, ID 83642 RE: Eagle Commons I SWC Ustick and Eagle Roads Development Agreement Modification Dear Mr. Parsons, Attached to this letter is a Development Agreement Modification application for the 3.29 acres at the southwest corner of Eagle and Ustick Roads. We are pleased to present an application to the City of Meridian to remove the property from the existing development agreement and create a new development agreement with a concept plan for the property. This application includes one 3.29 -acre parcel S1105110025 already zoned C -G in the City of Meridian. The Future Land Use Map designation is Mixed Use Regional. 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 2 of 2 Property History: The property is annexed and zoned C -G. A development agreement exists (#108008770) which governs development of the property. A preliminary plat (PP -05-053) and conditional use permit (CUP -05-049) was also approved for a 15.33 -acre mixed use commercial development (included VillaSport property) as required by the original development agreement. However, the preliminary plat and CUP approvals have expired. Since the original approval, the Bienville Square, to the south, has been constructed. Ustick Road has been widened with access approaches constructed to the property. Utilities are existing at the property boundary. The Milk Lateral has been piped and relocated off this property. The VillaSport Development Agreement Modification was recently approved by the City, which removed the adjacent VillaSport property from the existing shared DA and created a new DA for that property. This parcel is the only parcel covered by the existing Development Agreement, most of the conditions are no longer applicable. Development Agreement Modification: The project consists of 3.29 -acres, zoned C -G. The proposed development consists of one parcel. Platting, if needed, may occur in the future but is not requested at this time. This application proposes to remove the parcel from the existing development agreement and include a new conceptual site plan and conceptual building elevations in a new development agreement. Prior to submitting for building permit, Administrative Design Review, and Certificate of Zoning Compliance approval is required. The photographs and conceptual elevations included represent the design aesthetic. The maximum building height of the C -G zone is 65'. The concept site plan includes 4 buildings with shared parking, with a maximum building area of 25,900 SF. Access to the development is via a shared driveway from Ustick Road and cross access via N. Centerpoint Way, N Cajun Ln, and E. Seville Lane. All drive isles within the development will be private. The anticipated uses will be consistent with the Meridian UDC. The development is planned to be constructed in one phase. Thank you in advance for your consideration and support. We look forward to working with City staff to plan a quality project of which we call all be proud. Sincerely, Tamara Thompson Director of Client Services The Land Group, Inc. 'M!S� THE =+ LAND 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgraupinc.cor �" `' GROUP ADA COUNTY RECORDER Christopher D. Rich 2017.119849 BOISE IDAHO Pgs=3 CHE FOWLER 12115/2017 10:40 AM When Recorded Return To: TITLEONE BOISE $15.00 Brad Denton, Esq. Denton Peterson, P.C. 1930 N. Arboleda Road, Suite 200 Mesa, AZ 85213 All tax notices should be sent to: Knudsen Poor Farms 98 Fort Hall Ave. American Falls, ID 83211-1804 -2.30 3;a-) Cy6%X7> SPECIAL WARRANTY DEED For the consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration received, TBV -WB, LLC, an Arizona limited liability company ("Grantor"), does hereby grant and convey to KNUDSEN POOR FARMS, INC., an Idaho corporation ("Grantee"), the following described real property (the "Property") situated in Ada County, Idaho: SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF TOGETHER WITH all rights or privileges appurtenant to such Property or used in connection therewith. SUBJECT TO: current real property taxes and other assessments; patent reservations; and all easements, rights of way, covenants, conditions, restrictions and other non-financial matters (meaning matters that are not monetary liens or encumbrances) as may appear of record. AND Grantor hereby binds itself and its successors to warrant and defend the title against all of the acts of Grantor and no other, subject to the matters above set forth. DATED: December _, 2017. [Balance of the Page Intentionally Left Blank; Signature Page Follows] GRANTOR: TBV -WB, LLC, an Arizona limited liability company Name: Stephen L. West Title: Special Master STATE OF ARIZONA ss. County of Maricopa Acknowledged before me this _ day of December 2017, by Stephen L. West, court- appointed special master for TBV -WB, LLC, an Arizona limited liability company, for and on behalf of the limited liability company. Notary Seal/Stamp OFFICIAL SEAL ' PAULINE C DOUGHERTY NOTARY PUBLIC -ARIZONA MARICOPA COUNTY My Commission Expires May 4, 2020 wra Kw--- - i GVF Notary Public I Jul 11 2019 10:26 THUNDERBIRD IRRIGATION 20822137713 P.1 AFFIDAVIT OF LEGAL INTERS ;X STATE OF IDAHO COUNTY OF ADA 0 . ng g * first ft�y sworn upon, oath, -4epose and say: 1. Thatj..Air� the fecord owner of the property descrilvd ai. the attached, and.1 Scant my The Land Group, Inc. 462 E. Shore D:', Ste 100,.- ..... ..... (name) .1dress) 40 subniitthe-aapompanyiMapplictttion(s) pertainingto tli it property. 2. 1 a0b'to indeffinify,- d6fend and hold the City of Merldhn and its employees harmless from mM y olai or- I . jobility resulting from any dispute is to the statements contained 'hexon or as to the ownership of.the property which is the , iiibject of the application. -1 hereby go.nt pemission to City of Meridian staff to eii:-.T the subject property for the purp6gd of sitellispCotions: related to processing said appl: ation(s). Dated this "/–/.—AY SQ"QRiEitjj AND SWORN to ti�j-,orp. I., ------------ GLORIAA RAMIREZ Notary public - State of Idaho Commission Number 65658 MY Commission Expires May 29, 2021 I - - Residing at My C-oftimissiod.."EXPA:' CoMiMvpjity. 0avelopmentM.,Plappinig Divisloqv, 33 S., BMpdway Ave.4 91: ian, Idaho 83.642 0 I:,,•..1 r,,,,;at4na:JP1 4�1 W w co LZ N hum 1u}odu;"=. m C N_ C7 F X Q. N Eagle Rd l m C: x N C"dlepainf i Q. EN -0 M D D 0 z LV -a Cil rn 0 no[ _10 � T t, O O n N N in a Q, '� -p o J_41 N c°il O c N LZ N hum 1u}odu;"=. m C N_ C7 F X Q. N Eagle Rd l m C: x N C"dlepainf i Q. EN -0 M D D LV -a Cil > 0. no[ _10 n � �� 0 > r> c� a s 0 O y :U t7 QJ v m m R. D N c o M m O 70 o o c°il O c N O N R' r 'ca rn a 3 Q m 0 N N ;t :[> r.0 co w y m o a n. R, LZ N hum 1u}odu;"=. m C N_ C7 F X Q. N Eagle Rd l m C: x N C"dlepainf i Q. EN -0 M D D CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES ProjecUSubdivision Name: Eagle & Ustick Date: 5/14/19 Applicant(s)/Contact(s): Tamara Thompson Ryan Gaston City Staff: Sonya Bill Denny Tom Joe Kim Location: SWC of Ustick & Eagle Size of Property: 3.29 Comprehensive Plan FLUM Designation: MU -R Existing Use: vacant/undeveloped Existing Zoning; C -G Proposed Use: Retail Proposed Zoning: NA Surrounding Uses: vacant/undeveloped Street Buffer(s) and/or Land Use Buffer(s): 35' buffer required along Ustick & Eagle entryway corridors landscaped per the standards in UDC 11-313-7C Open Space/Amenities/Pathways: a 10' wide multi -use pathway with a public use easement is required within the street buffer along Eagle Rd w/pedestrian lighting per the standards in UDC 11 -3H -4C 3• a min. 5' wide detached sidewalk is required along Ustick Rd. Access/Stub Streets: Access via north/south driveway proposed along west boundary of site Waterways/ Floodplain/Topography/Hazards: NA History: ROS #6418 created the configuration of this parcel (2004) AZ -05-052 (DA #108008770, Sadie Creek Commons); PP -05-053 & CUP -05-049 (expired); VAR -05-022 (R-I/R-0 access via Eagle), A-2018-0361 (PBA ROS #11747) Additional Meeting Notes: ■ Modify the existing DA (#108008770) to establish a new DA for the subject property consistent with the proposed development plan (if DA for Villasport isn't recorded prior to neighborhood meeting for this development the property owner list should be based on the boundary of the current DA that governs development of the site) $502 application fee ■ Combined preliminary/final plat to subdivide property when desired ■ A cross -access easement is required to the Villasport property if one doesn't exist; if existing submit a copy w/application ■ A CUP is required for a drive-thru establishment if it's within 300' of another drive thru existing residence or residential district per UDC 11-4-3-11 Note There is currently a UDC text amendment in process that will require 1 parking space per 250 s f for restaurant uses. Note: A Traffic Impact Study (TIS) will be required by ACHD for large commercial projects and any residential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearings) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: ❑ Ada County Highway Dist, (ACHD) ❑ Idaho Transportation Dept. (ITD) ❑ Republic Services ❑ Central District Health Department ❑ Nampa Meridian Irrigation Dist. (NMID) ❑ Public Works Department ❑ Settler's Irrigation District ❑ Building Department ❑ Police Department ❑ Parks Department ❑ Fire Department ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Mod if ication/Transfer ❑ Rezone ❑ Alternative Compliance X Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment - Map ❑ Planned Unit Development ❑ Vacation ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance ❑ Conditional Use Permit ❑ Private Street ❑ Other Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. m o m 3 M z n z vNo `D m O a) O (M v ao C r O � Z w n G1 0 m c` Z �D Z rn n N m w n � O N im O_ 1 fD L., v r� m �` fD \� 00 W w N lu opo 3 atore) �. s J h Q m 4m i-- r w C r, a .� o0 i J � z n n O C b I z � Jul 11 2019 10:27 THUNDERBIRD IRRIGATION 20822137713 COMMITMENT OF PROPERTY PG i;TING NIT Linirred Development Code (UDC), I 115A -5D, the applicant fc, all applications requirinK. a public= hearing, (extefit for a UDC text amendment, a Compreh! asive -Plantext amendmentag&or-y.,acation - shall post the suttjpct propnot im* than ton ( 0). days. prior to the heating. T,hd -apoftat shall post -.a copy df -the pabli'D.hearing--notlee of the.,: 1aplleifflon(s),on thd Or6pert.y gr*r consfdera#'qn: The app .jtcaknt shall s4wit proof.0 propexty posting in the -form c a notarized statement and a phowwaO,of the posting tolhe City no -later than seven (7) da)- i prior to the public hearing ftstl . ng to where. and when the siga(s) wer-, posted. Unless such -',,ertificatc is received by the r. e4i :ooi.date, -hs itgwillibecontinued: The -Agn(s)"AhAll be reffoved,iid litter thbn -three (3) -days aft6r tht !hd,bf'the public hearing -for Wfiloh the s,ign . (5) fia6bc.en posteO, atn aware of !he abovo. rq. W'remw4 anw111,cQ=pjy with the pq�, in 'rqqti , M.pis_ s staW in U­DC t' 1:: June 20, 2019 .late Ay'anue, Ste, :02 Meridian,.Idaho'83642 .Phorte,.,209494;5W'Fw --;i ............. p.4 EXHIBIT A Legal Description of Properly A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is also known as Parcel B of Record of Survey No. 6418, recorded February 13, 2004 as Instrument No. 104016722, of official records, being more particularly described as follows: COMMENCING at a found brass cap marking the Northeast corner of said Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said brass cap bears North 89°39'20" 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 NE 1/4 of the NE 1/4 of Section 5 to a point; Thence North 84°06'00" West (formerly North 83127'47" West and North 84°04' 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 continuing North 84°06'00" West (formerly North 84°04' West) 428.70 feet to a set 5/8" iron pin; Thence North 81154'00" West 24.72 feet to a set 5/8" iron pin; Thence North 01°05'59" East (formerly North 1'24'3)" East 316.81 feet) 319.26 feet to a found 5/8" iron pin lying on the Southerly right-of-way of Ustick Road; Thence North 89139'20" East 452.81 feet along the said Southerly right-of-way of Ustick Road to a set 5/8" iron pin marking the right-of-way intersection of said Usti& Road and said State Highway 55 (Eagle Road); Thence South 01014'39" West 369.56 feet along the said Westerly right-of- way of State Highway 55 (Eagle Road) to the PONT OF BEGINNING. EXCEPTING THEREFROM a parcel of land being a portion of that tract of land as described in Warranty Deed instrument No, 106009522, Ada. County Records, said parcel being situated in the NE t/4 of the NE 1/4 of Section. 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, is more particularly described as follows: COMMENCING at the Northeast corner of said Section 5; Thence along the North line of said section North 89'44'39" West, 42.45 feet; Thence leaving said section line South 01°50'34" West, 25.00 feet to the Northeast corner of said tract being the POINT OF BEGINNING; Thence continuing along the East line of said tract South 01'50'34" West, 63.90 feet; Thence leaving said East line North 43'54'11" West, 45,83 feet to a point being 56.00 feet South of the North line of said Section 5; Thence along a 1Me parallel with and 56.00 feet South of said section line North 89°44'39" West, 181.46 feet; Thence leaving said parallel line North 85025'46" West, 180.57 feet; Thence North 88147'15" West, 58.01 feet to the West line of said tract; Thence along said West line North 01141'54" East, 16.45 feet to a point being 25.00 feet South of the North line of said Section 5; Thence along a line parallel with and 25.00 feet South of said section line South 89044'39" East, 452.80 feet to the POINT OF BEGINNING. ADA COUNTY RECORDER Christopher D. Rich 2017-119849 BOISE IDAHO Pgs=3 CHE FOWLER 12115/2017 10:40 AM When Recorded Return To: TITLEONE BOISE $15.00 Brad Denton, Esq. Denton Peterson, P.C. 1930 N. Arboleda Road, Suite 200 Mesa, AZ 85213 All tax notices should be sent to: Knudsen Poor Farms 98 Fort Hall Ave. American Falls, ID 83211-1804 ,730 3ga-) cwx-i7 SPECIAL WARRANTY DEED For the consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration received, TBV -WB, LLC, an Arizona limited liability company ("Grantor"), does hereby grant and convey to KNUDSEN POOR FARMS, INC., an Idaho corporation ("Grantee"), the following described real property (the "Property") situated in Ada County, Idaho: SEE EXHIBIT A ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF TOGETHER WITH all rights or privileges appurtenant to such Property or used in connection therewith. SUBJECT TO: current real property taxes and other assessments; patent reservations; and all easements, rights of way, covenants, conditions, restrictions and other non-financial matters (meaning matters that are not monetary liens or encumbrances) as may appear of record. AND Grantor hereby binds itself and its successors to warrant and defend the title against all of the acts of Grantor and no other, subject to the matters above set forth. DATED: December 9, 2017. [Balance of the Page Intentionally Left Blank; Signature Page Follows] GRANTOR: TBV -WB, LLC, an Arizona limited liability company Byc j�.=--�-� Name: Stephen L. West Title: Special Master STATE OF ARIZONA County of Maricopa ss. Acknowledged before me this - day of December 2017, by Stephen L. West, court- appointed special master for TBV -WB, LLC, an Arizona limited liability company, for and on behalf of the limited liability company. Notary Seal/Stamp OFFICIAL SEAL PAULINE C DOUGHERTY NOTARY PUBLIC -ARIZONA MARICOPA COUNTY My Commission Expires May 4, 2020 Notary Public NOW EXHIBIT A Legal Description of Property A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is also known as Parcel B of Record of Survey No. 6418, recorded February 13, 2004 as Instrument No. 104016722, of official records, being more particularly described as follows: COMMENCING at a found brass cap marking the Northeast corner of said Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said brass cap bears North 89°39'20" 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 NE '/4 of the NE 1/4 of Section 5 to a point; Thence North 84°06'00" West (formerly North 83°27'47" West and North 84°04' 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 continuing North 84°06'00" West (formerly North 84°04' West) 428.70 feet to a set 5/8" iron pin; Thence North 81154'00" West 24.72 feet to a set 5/8" iron pin; Thence North 01°05'59" East (formerly North 1'24'3)" East 316.81 feet) 319.26 feet to a found 5/8" iron pin lying on the Southerly right-of-way of Ustick Road; Thence North 89039'20" East 452.81 feet along the said Southerly right-of-way of Ustick Road to a set 5/8" iron pin marking the right-of-way intersection of said Usti& Road and said State Highway 55 (Eagle Road); Thence South 01114'39" West 369.56 feet along the said Westerly right-of- way of State Highway 55 (Eagle Road) to the PONT OF BEGINNING. EXCEPTING THEREFROM a parcel of land being a portion of that tract of land as described in Warranty Deed instrument No, 106009522, Ada. County Records, said parcel being situated in the NE t/4 of the NE'/4 of Section. 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, is more particularly described as follows: COMMENCING at the Northeast corner of said Section 5; Thence along the North line of said section North 89'44'39" West, 42.45 feet; Thence leaving said section line South 01150'34" West, 25.00 feet to the Northeast corner of said tract being the POINT OF BEGINNING; Thence continuing along the East line of said tract South 01'50'34" West, 63.90 feet; Thence leaving said East line North 43'54'11" West, 45,83 feet to a point being 56.00 feet South of the North line of said Section 5; Thence along a 1Me parallel with and 56.00 feet South of said section line North 89144'39" West, 181.46 feet; Thence leaving said parallel line North 85025146" West, 180.57 feet; Thence North 88°47'15" West, 58.01 feet to the West line of said tract; Thence along said West line North 01 °41'54" East, 16.45 feet to a point being 25.00 feet South of the North line of said Section 5; Thence along a line parallel with and 25.00 feet South of said section line South 89°4439" East, 452.80 feet to the POINT OF BEGINNING. EXHIBIT A Legal Description of Property A parcel of land lying in the NE 1/4 of the NE 1/4 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said parcel is also known as Parcel B of Record of Survey No. 6418, recorded February 13, 2004 as Instrument No. 104016722, of official records, being more particularly described as follows: COMMENCING at a found brass cap marking the Northeast corner of said Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, said brass cap bears North 89°39'20" 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 NE 1/4 of the NE 1/4 of Section 5 to a point; Thence North 84°06'00" West (formerly North 83°27'47" West and North 84°04' 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 continuing North 84106'00" West (formerly North 84°04' West) 428.70 feet to a set 5/8" iron pin; Thence North 81054100" West 24.72 feet to a set 5/8" iron pin; Thence North 01°05'59" East (formerly North 1'24'3)" East 316.81 feet) 319.26 feet to a found 5/8" iron pin lying on the Southerly right-of-way of Ustick Road; Thence North 89139'20" East 452.81 feet along the said Southerly right-of-way of Ustick Road to a set 5/8" iron pin marking the right-of-way intersection of said Usti& Road and said State Highway 55 (Eagle Road); Thence South 01°14'39" West 369.56 feet along the said Westerly right-of- way of State Highway 55 (Eagle Road) to the PONT OF BEGINNING. EXCEPTING THEREFROM a parcel of land being a portion of that tract of land as described in Warranty Deed instrument No, 106009522, Ada. County Records, said parcel being situated in the NE t/4 of the NE 1/4 of Section. 5, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, is more particularly described as follows: COMMENCING at the Northeast corner of said Section 5; Thence along the North line of said section North 89'44'39" West, 42.45 feet; Thence leaving said section line South 01°50'34" West, 25.00 feet to the Northeast corner of said tract being the POINT OF BEGINNING; Thence continuing along the East line of said tract South 01'50'34" West, 63.90 feet; Thence leaving said East line North 43'54'11" West, 45,83 feet to a point being 56.00 feet South of the North line of said Section 5; Thence along a 1Me parallel with and 56.00 feet South of said section line North 89°44'39" West, 181.46 feet; Thence leaving said parallel line North 85°2546" West, 180.57 feet; Thence North 88°47'15" West, 58.01 feet to the West line of said tract; Thence along said West line North 01'41'54" East, 16.45 feet to a point being 25.00 feet South of the North line of said Section 5; Thence along a line parallel with and 25.00 feet South of said section line South 89144'39" East, 452.80 feet to the POINT OF BEGINNING. 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