ApplicationHearing Date: September 19, 2019
File No.: H-2019-0089
Project Name: TM Creek East Apartments
Request: Conditional use permit for a multi-family development consisting of 235 dwelling units
on 8.3 acres of land in the R-40 zoning district, by SCS TM Creek and SCS Brighton.
Location: The site is generally located ¼ mile east of S. Ten Mile Rd., south of W. Franklin Rd., in
the NW ¼ of Section 14, Township 3N., Range 1W.
0140E IDIAN;--
Planning Division
DEVELOPMENT REVIEW APPLICATION
STAFF USE ONLY:
Project name: IM C_rrJe tc-
1✓Gl�-�-
File number(s): 2-0 (,q — c)o g 9
Assigned Planner: 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
❑ dministrative 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
Plan Text Amendment
❑ UDC Text Amendment
coiiprehensive
onditional Use Permit
❑ Vacation (check only 1)
onditional Use Modification (check only 1)
❑ Director
❑ Director
❑ Commission
❑ Commission
❑ Variance
❑ Development Agreement Modification
❑ Other
❑ Final Plat
Information
Applicant name:SC'S'tl'L(�'
Applicant address: ZjZoq
Email:
Phone: --y79 •
City: UL,(,E (z l �l �� State: J—D Zip: a9., --s
Applicant's interest in property: *wn ❑ Rent ❑ Optioned ❑ Other
Owner name: i�1/(M�~ Phone:
Owner address:
City:
Email:
State: Zip:
Agent/Contact name (e.g., architect, engineer, developer, representative): blCAek7- ?> .
Firm name: &AJ Phone:: -,M6. °� •Del
Agent address: a) Email:/61L 7►"<<at�1eLA@6J"}x •�L
City: D/I4?Aj State: Zip:
Primary contact is: ❑ Applicant ❑ Owner gent/Contact
Subject Property Information
Location/street address:- A 1(, 5!=--fE M Mlt%��911 r��'mwnship, range, section:
Assessor's parcel number(s): Total acreage: Zoning district:
�I zr�f�233�, �izr�--2�Z-8o r� slz..r�-2r?�z� • � � ,
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 �p l `l
ww
Phone: 208-884-5533 Fax: 208-888-6854 w.meridiancity.oi-g/plannine •/
-1 Rev: (21212 01821712 018)
General description of proposed project/request: _mss - UA77T LCIGIIJ�`+/y" 7 1 YI�C'
Proposed zoning district(s): A'� 66Mf/V� Fg9W &-yisr `)ZT-
Acres of each zone proposed:
Type of use proposed (check all that apply):
Residential ❑ Office ❑ Commercial ❑ Employment ❑ Industrial ❑ Other
ho will own & maintain the pressurized irrigation system in this development?
Which irrigation district does this property lie within? �J! hi1 1--�
Primary irrigation source: !! Z% - C Secondary: Guall'
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: �i�.7� Number of building lots: f
Number of common lots: -- �-' Number of other lots: -�-'
Proposed number of dwelling units (for multi -family developments only): -5Ku O
1 bedroom: 2-3 bedrooms: l �� .4 ereiedreema:
Minimum square footage of structure (excl. garage): 8 t 6 H
- 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: 2 Percentage of qualified open space: Z .
Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): i"7140K- 44'C*
Amenities provided with this development (if applicable):
Type of dwelling(s) proposed:
❑ Duplex Multi -family
❑ Single-family Detached ❑ Single-family Attached
❑ Vertically Integrated ❑ Other
Non-residential Project Summary (if applicable)
Number of building lots: _
Gross floor area proposed:
Hours of operation (days and hours):
Common lots: Other lots:
Existing (if applicable):
❑ Townhouse
Building height:
Total number of parking spaces provided: Number of compact spaces provided:
Authorization
Print applicant name:
— YYVOA44-67-71
Applicant signature: ate: • CP
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 «ni�v.meridiancity.orQ/planning
-2- Rev: (2/7/2018)
August 6, 2019
Caleb Hood, Planning Manager
City of Meridian Planning Department
Meridian City Hall
Request for a Conditional Use Permit for TM Creek Apartments – Phase 2
235 Multi family Units in an R-40 Zone
Dear Mr. Hood,
Enclosed is a Conditional Use Permit application for construction of 235 multi -family units in the
TM Creek project; specifically, that portion of the project annexed, zoned, and incorporated into
the project's master plan in 2015 as TM Creek East.
The initial TM Creek Development Agreement was recorded on June 10, 2015 as Instrument
4114045759. The City Council approved project Findings of Fact, Conclusions of Law, and
Decision and Order on April 1, 2014; approved the Development Agreement on June 10, 2014;
and adopted the implementing ordinance on that same date, as Ordinance #14-1615. Subsequent
DA addenda were recorded as Instruments 2016-037777 and 2016-073497.
Related Proiect Files AZ -13-015 / PP -13-030 / H-2015-0018 / H-2016-0067
Property Owner Infonnation SCS TM Creek LLC & SCS Brighton LLC
2929 W. Navigator Dr., Suite 400
Meridian, ID 83642
THE PROPOSAL IN BRIEF
The proposed action will entitle construction of 235 urban -style multi -family units within the R-40
zoned multi -family property depicted on the following page. That requires approval of a conditional
use permit for the primary use; and approval of Alternative Compliance for variations to the UDC's
parking (11 -3A -19B.3) and private open space standards (11-4-3-27B.3).
The 8.3 -acre site is located east of S. Wayfinder Avenue, north of W. Cobalt Drive extended, and
south of the Temnile Creek amenity corridor. The Tenmile Creek regional pathway constructed on
the south side of the creek to Wayfinder in earlier development phases, will be extended easterly—
also on the south side of the creek—immediately adjacent to this, the second multi -family apartment
phase in the TM Creek project.
292'9 W Navigator Dr., Suite 400, Meridian ID 83642 1 www.BrightonCorp.com 1 20,9.378.4000 1 Fax: 208.377.8962
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For Context, the outlined R -40 -zoned area above is the site for the TM Creek Apartments Phase 2
multi-familv nroiect, below, and illustrated by the elevations on the following page.
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THE CONDITIONAL USE PERMIT APPLICATION IN DETAIL
Project Specifics
• Site Area 8.3 acres
• Density 28.3 units per acre
• Unit Count 235 units: 35 studio; 100 one bedroom; 92 two bedroom; 8 three bedroom
• Unit Size Studio -512 s.f.; one bed -685 s.f.; two bed -1036 s.f.; three bed -1265 s.f.
• Building Height At 48'6", the projected building height is well within the R-40 zone's
maximum height allowance of 60 feet.
• Parking Total auto spaces: 415. Garage and carport spaces -235; uncovered spaces -180.
Bicycle spaces: 33. Interior, secured spaces – 25; exterior rack spaces – 8.
• Site Access Access is provided to the site from Wayfinder Avenue on the west
and from Cobalt Drive on the south, both of which are or will
function as collector roadways. Because there is no means of local
street access, a waiver of UDC 11-3A-3 is requested.
• Qualified Open Space 27.1 % of the site (2.25 acres) in the form of street landscape
buffers, landscaping around and north of the central amenity core
structures, adjacent to the Tenmile Creek regional pathway
corridor—constitutes the project's qualified open space. The
"qualified open space " cited above, while significant, is only a
portion of the project's amenity package. When non-qualified open
space, including functional "core " outdoor amenity hardscape and
internal parking lot landscape, is added, the total site open space is
3.13 acres or 37.8%.
• Off-site Amenities In addition to the on-site open space and amenities, the project
directly benefits from its relationship with the City's Tenmile Creek
regional pathway system. That facility has been constructed as the
central amenity component of the project from Franklin Road to
Wayfinder Avenue on the south side of Tenmile Creek through TM
Creek Subdivision's 1 and 3. Extension of the pathway through
this project will maintain that south -side alignment.
(See Tenmile Creek amenity corridor photo's, Page 7)
• Clubhouse Amenities 24-hour resident lounge
Full kitchen
Entertainment area
Game area
24-hour fitness center featuring Rogue equipment
Work room
Wi-fi throughout all amenity areas
• Outdoor Amenities Resort style pool & year-round spa Outdoor ping pong/lounge area
Pool -side patio & grilling area Outdoor yoga
Outdoor pool lounge Outdoor fireside seating
M
• Resident Building Amenities
Climate -controlled hallways
Elevator access
Controlled access
Pet friendly
Garages (48) and carports (187)
Secured storage spaces
ALTERNATIVE COMPLIANCE
Parking Standards – UDC Section 11 -3A -19B.3: "...no more than fifty percent (50%) of the total
off street parking area for the site shall be located between building facades and abutting streets. "
The first TM Creek apartment phase (immediately west of Phase 2) complied with the referenced
standard. That design (below), while compliant, limited the functional open space available to project
tenants. In fact, Phase 1 qualified open space was 0.87 acres, or 10.7% of the 8.16 -acre site.
By 'parking " the site on the periphery, i.e., "between building facades and abutting streets ", Phase 2
provides 2.25 acres (27.1%) of qualified open space -2.6 times more than Phase 1. That difference,
as depicted below, is significant.
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Because Phase 2 design significantly expands and enhances usable site amenities, internally focused
on the clubhouse, pool and outside activity areas directly adjacent to the Tenmile Creek regional
pathway amenity corridor—all to the benefit of the project residents—alternative compliance is
requested in lieu of the specific use standard of UDC Sectionl 1 -3A -19B.3.
Private Open Space Standards – UDC Section 11-4-3-27B.3: "A minimum of eigho) (80) square
feet of private, usable open space shall be provided for each unit.... the Director may consider an
alternative design proposal through the alternative compliance provisions.... "
Project unit design provides the following per-unit balcony/deck area:
• 100 one -bed units: 76 s.f. (95% of standard)
• 92 two -bed units: 67 s.f. (84% of standard)
• 8 three -bed units: 81 s.f. (101% of standard)
• 35 studio units -0- s.f.
The extraordinary site amenities noted above, coupled with innovative, new urban design with an
emphasis on integrated, internal open space, facilities and access to the Temnile Creek regional
pathway system, form the basis for this alternative compliance request in lieu of the specific use
standard of UDC Section 11-4-3-27B.3.
Development Agreement
The proposed multi -family project conforms to the provisions of the existing development agreement.
An up -dated copy of the Section 5 Conditions Governing Development of Subject Properb is
provided with the application. The up -date is not substantive; nor does it constitute a "modification "
to the DA. It only changes the street naives from those proposed in the preliminary plat to those
approved through the final platting process.
We are pleased to submit this application and look forward to its approval. If additional information
is required—or if staff has questions—please let me know for expedited response.
For SCS Brighton LLC, et al
Michael D. Wardle, Director of Planning
6
corridor from ]Franklin Road
TM Creek East Development Agreement — 2015
(Street »antes up -dated July 2019)
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY
5.1. Owner/Developer shall develop the Property in accordance with the following special
conditions:
OwnerlDeveloper Requirements:
a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is
restricted per UDC 11- 3A- 3.
b. Direct lot access via Wayfinder Avenue and Cobalt Drive, both collector streets, is
restricted per UDC 11- 3A- 3.
c. Wayfinder Avenue shall initially be constructed in accord with the proposed street
sections shown in Exhibit A.2 of the attached Findings and Staff Report. Future
reconfiguration of the street may occur, if warranted by ACRD, in accord with the
aforementioned street section.
d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and
a detached 10 -foot wide pathway shall be constructed along S. Ten Mile Road some distance
from the roadway in accord with the Master Pathways Plan and Street Section A shown in
the Ten Mile Interchange Specific Area Plan TMISAP).
e. A minimum 14foot wide public pedestrian easement for the multi -use pathways on the site
shall be submitted to the Planning Division, approved by City Council and recorded prior to
signature by the City Engineer on the first final plat.
f. The Ten Mile Creek shall remain open and be protected during construction except for
approximately 380 feet of the creek nearest to Franklin Road which may be piped, as
approved by City Council, contingent upon approval by the Army Corps of Engineers and
Nampa Meridian Irrigation District.
g. A cross -access/ ingress -egress easement shall be granted between properties and to adjacent
properties via a note on the plat and/or a separate recorded agreement prior to signature on
the final plat by the City Engineer.
h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten
Mile Road and Cobalt Drive, the east/west collector, in accord with the TMISAP.
i. Pedestrian scale lighting shall be installed along Wayfinder Avenue, the north/south
collector street, in accord with the TMISAP.
j. Most buildings along S. Ten Mile Road should address the street by being built to the street
buffer with windows overlooking the pathway to provide security to the pedestrians and
bikes on the pathway in accord with the TMISAP.
k. Buildings along Wayfinder Avenue north of the creek should be built to the sidewalk with
street trees in wells and street -level storefronts, in accord with the TMISAP.
1. Buildings along Cobalt Drive shall be set back from the street at some distance behind a
detached sidewalk; a tree lawn area should be provided in all areas, in accord with the
TMISAP. A minimum 20foot wide street buffer shall be provided in accord with UDC Table
11- 2B-3 and landscaped in accord with the standards listed in UDC 11 -3B -7C.
m. A 5 -foot wide dry -utilities corridor should be provided along both sides of the street curb
along Cobalt Drive and Wayfinder Avenue in accord with the TMISAP unless utilities are
located in the street, or as otherwise approved.
n. All structures within the TN —C zone adjacent to Wayfinder Avenue north of the Ten Mile
Creek shall be a minimum of two stories in height in accord with UDC 11- 2D-5 and the
design elements contained in the TMISAP.
o. Future development of this site shall be generally consistent with the conceptual site plan,
building elevations, and landscape plan submitted with this application included in Exhibits
A. 3, A. 4, and A. 5 of the attached Findings and the conditions in the Staff Report. The site
shall develop with a mix of office, commercial and residential uses as proposed.
p. Future development of the site shall be consistent with the design elements contained in the
TMISAP, the design standards listed in UDC 11 -3A- 19, and the guidelines contained in the
Meridian Design Manual.
q. For streets & block fronts where commercial uses and pedestrian activity are most desired
north of the Ten Mile Creek, it is recommended that sidewalks be lined with shops,
restaurants, offices and galleries and that buildings be designed with multiple sidewalk
entries where feasible, generously -scaled display and transom windows, pedestrian scaled
signs and banners, and awnings or canopies for sun shading.
r. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian
connectivity within the development in accord with the plan in Exhibit A. 7 of the attached
Findings and Staff Report.
s. A pedestrian crossing over the Ten Mile Creek shall be provided as part of the creek amenity
if approval can be obtained from Nampa Meridian Irrigation District.
t. A 10 -foot wide multi -use pathway is required to be constructed along the southwest side of
the Ten Mile Creek on the portion of the site that is west of Wayfinder Avenue; and along
the north side of the creek on the portion of the site that is east of Wayfinder Avenue. A
crosswalk shall be provided across Wayfmder Avenue where the pathway crosses the street.
The pathway(s) shall be constructed in accord with the Pathways Master Plan. Landscaping
on either side of the pathway is required in accord with the standards listed in UDC 11- 3A- 8
and 11 -3B -12C.
u. The R-40 zoned portion of the side shall develop with multifamily residential uses and shall
obtain conditional use permit approval prior to development. The overall average density
2
target should be at least 16-25 dwelling units per gross acre. Design and orientation of
buildings should be pedestrian oriented with special streetscape improvements to create rich
and enjoyable public spaces. A strong physical relationship between the commercial and
residential components to adjacent employment or transit centers is critical.
v. A portion of this site along Ten Mile Creek is located within the Meridian Floodplain
Overlay District. Prior to any development occurring within the Overlay District the
applicant is required to submit, and the City shall review and approve, a flood plain
development application which includes the necessary analysis and documents under MCC
Title 10, Chapter 6, including hydraulic and hydrologic analysis.
w. The subject property shall be subdivided prior to issuance of any building permits for the site.
x. The developer shall obtain a license agreement from Nampa & Meridian Irrigation District
(NMID) for landscaping within the street buffer required along W. Franklin Road as it will
be likely be within the Vaughn Lateral right-of-way which is owned in fee by NMID.
Business Owner/ Tenant Requirenrents:
y. Business hours of operation in the C -G district shall be limited from 6: 00 am to 11: OOpm
when the property abuts a residential use or district. Extended hours of operation may be
requested through a conditional use permit (UDC 11- 213-3).
z. A Certificate of Zoning Compliance and Design Review Application are required to be
submitted to the Planning Division for approval prior to issuance of building permits to
ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the
TMISAP.
aa. Traditional neighborhood design concepts with a strong pedestrian—oriented focus are
essential. Development should exhibit quality building and site design and an attractive
pedestrian environment with a strong street character. At a minimum, the following design
elements from the TMISAP shall be incorporated into the development:
i. Signs should be designed to contribute to the overall character, identity and wayfinding
system. Signs should be compatible with the architecture of the buildings and businesses
they identify in colors, materials, sizes, shapes, and lighting.
ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to
open their doors & street front windows & use clear glass that allows visual access
inwards & outwards;
iii. Human -scale design by building entrances placed close to the street, ground floor
windows, articulated facades, appropriately scaled signs and lighting, and awnings and
other weather protection.
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i iM1ZITTMiT�'" 9233 WEST STATE STREET I BOISE, ID 83714 1 208.639.6939 ( FAX 208.639.6930
July 31, 2019
SCS Brighton
Project No. 19-107
Legal Description
Ten Mile Creek Apartments
A parcel of land situated in a portion of the Northwest 1/4 of Section 14, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at a found brass cap monument marking the Northwest corner of said Section 14, which
bears N89°09'27"W a distance of 2,657.99 feet from a found aluminum cap monument marking the
North 1/4 corner of said Section 14, thence following the northerly line of said Northwest 1/4,
S89°09'27"E a distance of 1,279.26 feet;
Thence leaving said northerly line, S00°50'33"W a distance of 823.01 feet to the POINT OF BEGINNING.
Thence N89°28'20"E a distance of 763.79 feet;
Thence S00°00'00"E a distance of 485.33 feet;
Thence N89°10'47"W a distance of 433.97 feet;
Thence 46.70 feet along the arc of a circular curve to the right, said curve having a radius of 585.00 feet,
a delta angle of 4°34'25", a chord bearing of N86°53'34"W and a chord distance of 46.69 feet;
Thence N84°36'21"W a distance of 42.25 feet;
Thence 31.70 feet along the arc of a circular curve to the left, said curve having a radius of 334.67 feet, a
delta angle of 5°25'39", a chord bearing of N87°19'11"W and a chord distance of 31.69 feet;
Thence 67.28 feet along the arc of a circular curve to the left, said curve having a radius of 434.67 feet, a
delta angle of 8°52'06", a chord bearing of S85°31'57"W and a chord distance of 67.21 feet;
Thence S81°05'54"W a distance of 14.17 feet;
Thence N87°35'31"W a distance of 10.20 feet;
Thence S81°05'54"W a distance of 3.84 feet;
Thence S78°43'57"W a distance of 37.76 feet to the easterly right-of-way line of S. Wayfinder Avenue;
Thence following said right-of-way line the following ten (10) courses:
1. N85°30'56"W a distance of 8.58 feet;
2. 63.89 feet along the arc of a circular curve to the right, said curve having a radius of 51.00 feet, a
delta angle of 71°46'26", a chord bearing of N49°37'43"W and a chord distance of 59.79 feet;
3. N14°15'06"W a distance of 34.00 feet;
4. 24.30 feet along the arc of a circular curve to the right, said curve having a radius of 489.35 feet,
a delta angle of 2°50'41", a chord bearing of N13°04'16"W and a chord distance of 24.29 feet;
5. NO2°01'42"W a distance of 39.30 feet;
6. 4.54 feet along the arc of a circular curve to the left, said curve having a radius of 963.00 feet, a
delta angle of 0°16'13", a chord bearing of N07°12'18"W and a chord distance of 4.54 feet;
7. N18°06'23"W a distance of 10.18 feet;
8. 64.82 feet along the arc of a circular curve to the right, said curve having a radius of 965.00 feet,
a delta angle of 3°50'55", a chord bearing of N04°33'10"W and a chord distance of 64.81 feet;
ENGINEERS I SURVEYORS I PLANNERS
9. 65.58 feet along the arc of a circular curve to the right, said curve having a radius of 1,178.00
feet, a delta angle of 3°11'23", a chord bearing of N01°02'01"W and a chord distance of 65.57
feet;
10. N00°33'41"E a distance of 157.76 feet;
Thence leaving said easterly right of way line, N00°3341"E a distance of 41.69 feet to the POINT OF
BEGINNING.
Said parcel contains 8.305 acres (361,746 square feet), more or less, and is subject to all existing
easements and/or rights of way of record or implied.
PAGE 12
When recorded, please return to:
Rose Walker
855 W. Broad Street, Suite 300
Boise, ID 83702
ADA COUNTY RECORDER Christopher D. Rich 2018-074180
BOISE IDAHO Pgs=8 VICTORIA BAILEY 08/07/2018 11:35 AM
ROSE WALKER AMOUNT:$15.00
1111111111111111111111111111111111111111111111111
00528183201800741800080088
(Ten Mile Creek)
The following Special Warranty Deed dated May 1, 2018, and
recorded on May 2, 2018, as Instrument No. 2018-039707, in the
records of Ada County, Idaho.
The Special Warranty Deed is hereby modified to delete the Legal
Description for Parcel 4/F in its entirety and replace it with the
following:
A PARCEL OF LAND SITUATED IN THE NORTHEAST OF THE NORTHWEST QUARTER OF SECTION 14,
TOWNSHIP 3 NORTH, RANGE I WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH QUARTER CORNER OF SAID SECTION 14; THENCE
NORTH 89037'56" WEST, 1,328.98 FEET ALONG THE NORTHERLY BOUNDARY OF SAID SECTION 14 TO
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 14; THENCE
SOUTH 00006'37" WEST, 828.99 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHERLY BOUNDARY OF
THE TEN MILE STUB DRAIN AND TO THE POINT OF BEGINNING: THENCE
NORTH 89023'03" EAST, 249.02 FEET ALONG THE SOUTHERLY BOUNDARY OF THE TEN MILE STUB
DRAIN; THENCE
SOUTH 00°06'37" WEST, 503.86 FEET ALONG A LINE PARALLEL TO THE WESTERLY BOUNDARY OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHERLY
BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14;
THENCE
NORTH 89039'03" WEST, 249.00 FEET ALONG THE SOUTHERLY BOUNDARY OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE
NORTH 00006'37" EAST, 499.67 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE POINT OF BEGINNING.
This Correction Page is now incorporated as part of the original
document.
Upon Recording:
Please return to:
Rose Walker ADA COUNTY RECORDER Christopher D. Rich 2018-039707
855 W. Broad Street, Suite 300 BOISE IDAHO Pgs=7 CHE FOWLER 05/02/2018 04:20 PM
Boise, Idaho 83702 ROSE WALKER AMOUNT:$15.00
018003870
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, SCS BRIGHTON LLC, an Idaho limited liability
company, whose address is 855 W. Broad Street, Suite 300, Boise, Idaho 83702 (the
"Grantor"), does hereby GRANT AND CONVEY a Fifty Percent (50%) undivided
tenancy in common interest unto SCS TM CREEK LLC, an Idaho limited liability
company (the "Grantee"), whose address is 855 W. Broad Sheet, Suite 300, Boise, ID
83702, the real property located in Ada County, Idaho which is more particularly
described in Exhibit A, which exhibit is attached hereto and made a part hereof by this
reference (the "Premises").
TO HAVE AND TO HOLD said Premises, with their appurtenances unto the said
Grantee and to the Grantee's successors and assigns forever. The Grantor does hereby
warrant to said Grantee, that the Grantor has not created or permitted to be created any
lien, charge, or encumbrance against the Premises except current year's taxes, levies, and
assessments, and except U.S. Patent reservations, restrictions, easements of record, and
easements visible upon the Premises; and that Grantor will warrant and defend the same
forever from all lawful claims whatsoever.
DATED: M , 2018
GRANTOR:
SCS BRIGHTON LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation, Manager
By: lazoz---
Blake
R. Alder, President
SPECIAL WARRANTY DEED - i
STATE OF IDAHO )
ss.
County of Ada
On this 5� day of MW_, in the year of 2018, before me a Notary
Public of said State, personally appeared Blake R. Alder, known or identified to me to be
the President of Brighton Corporation, the Manager of SCS Brighton LLC, the company
that executed the instrument or the person who executed the instrument on behalf of said
company, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I Have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
STATL OF IDAHO
SPECIAL WARRANTY DEED - 2
Nota'iv Public for
My Commission expires
qIISI�L3
EXHIBIT A
Legal Description
Lot 1 /A, 2/D, 3/E:
A parcel of land situated in a portion of the Northwest 1/4 of Section 14, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at a found brass cap monument marking the Northwest corner of said Section 14, which
bears N8960927"W a distance of 2,657.99 feet from a found aluminum cap monument marking the
North 1/4 corner of said Section 14, thence following the northerly line of said Northwest 1/4,
S89°09'37"E a distance of 1,329.00 feet to a found aluminum cap monument marking the Northeast
corner of the Northwest 2/4 of the Northwest 1/4 (West 1/16 corner) of said Section 14;
Thence leaving said northerly line and following the easterly line of said Northwest 1/4 of the Northwest
1/4, S0003431"W a distance of 71.01 feet to the southerly right-of-way line of West Franklin Road and
being the POINT OF BEGINNING.
Thence leaving said southerly right-of-way line and following said easterly line, S00°34'37."W a distance
of 17.99 feet;
Thence leaving said easterly line, S89°09'27"E a distance of 249.00 feet to a found 1/2 -inch rebar;
Thence S00°34`31"W a distance of 735.72 feet;
Thence S89051'32"W a distance of 302.59 feet;
Thence S00033'41"W a distance of 34.80 feet to the proposed subdivision boundary of TM Creek
Subdivision No. 3;
Thence following said proposed subdivision boundary of TM Creek Subdivision No. 3 the following
courses:
1. N89°26'19"W a distance of 75.50 feet;
2. N00°33'41"E a distance of 140.28 feet;
3. S89028'20"W a distance of 227.67 feet;
4. 138.88 feet along the arc of a circular curve to the right, said curve having a radius of 170.00
feet, a delta angle of 46°48'25", a chord bearing of N67°07'28"W and a chord distance of 135.05
feet to a found 5/8 -inch rebar on the subdivision boundary of TM Creek Subdivision No. 2 (Book
112 of plats at Pages 1.6,402 through 16,407, records of Ada County, Idaho);
Thence leaving said proposed subdivision boundary and following said subdivision boundary of TM
Creek Subdivision No. 2 the following courses:
1. N43°43`15"W a distance of 120.57 feet to a found 5/8 -inch rebar;
2. N46°33'36"E a distance of 134.78 feet to a found 5/8 -inch rebar;
3. N43°3632"E a distance of 25.50 feet to a found 5/8 -inch rebar;
4. 13.96 feet along the arc of a circular curve to the right, said curve having a radius of 298.00 feet,
a delta angle of 02"41'500, a chord bearing of N45°02'58"W and a chord distance of 13.95 feet
to a found 5/8 -inch rebar;
5. N43°42'28"W a distance of 157.56 feet;
SPECIAL WARRANTY DEED - 3
6. 95.74 feet along the arc of a circular curve to the right, said curve having a radius of 163,00 feet,
a delta angle of 33"39'13", a chord bearing ofN26°52'52"W and a chord distance of 94.37 feet
to a found 5/8 -inch rebar;
7. S89°2128"E a distance of 238.10 feet;
8. N00'33'41"E a distance of 206,23 feet to said southerly right-of-way line of West Franklin Road;
Thence leaving said subdivision boundary of TM Creek Subdivision No. 2 and following said southerly
right-of-way line the following courses:
1. S83°19'54"E a distance of 144.49 feet;
2. S89°06'53"E a distance of 158.24 feet;
3. N00°35'03"E a distance of 12.05 feet;
4. S89°09127"E a distance of 75,09 feet to the POiNT OF BEGINNING.
Said parcel contains a total of 510,396 square feet (11.717 acres), more or less, and is subject to all
existing easements and/or rights of way of record or implied.
Lot 4/F:
Pifl (l"thr'v'i:i vt tio-ly s L?'I'nstt:;fti, Noon, A,11 C:np t:, 1 ;dn:
I -;i 4¢r
111aJ1:3,�luC�Al.,t,a({irk 1, ,tlitJ1174-'oullI"II v I,,I L`t.''l`1)p1.IiI,Rd, ;rlt'.r1w',ii>tVI,'isfu'e,ir;:21t)
wa ?\t l;. said ILII( ;. lloi , n, tll". ,n ,l f,ta :,4,r, iv IT; li:r, 1? •Ii„ style:: pi
'•15it1 , l tit `.tilu n l , .:i: n., ai..: ru.vll); 1 li', ! flt,tt, tiro
;.lit: i.�.I •titula ....;;irl :. _..mil ,.
t , ,Ci• :11"Mi >ot.J al' it reit a l 11;e11v right ol V" ,tl f .+n{;iitt I �. �� I :' 17 (- ,'•it3 n? 1'i�'L
Thenarr..fir 1,'illl ,u,: tc .I lute nl ?�'h< •1AVI,-I `_ Jt ?;'�??" ��` L' .':I ! U Ir• OTIC` 01VII111K of felt MI"!
It.:
Itw t u C t itl It lil ti v 1"•r' , I I ' Cwt u1 ..t ,. x ti IIv !I ry i 1 i0k'1 1.
I it 1 la: •bi ,I,iia! •."C I lm. d I b'! r ir.r.. {'l , ! :',)°l 't ,t,i tr, 1hi T,.ni N'n viru.in::-
PascC? Lb:nein: 33 -, A:rc: nerve or less.
ME
. -)t, fi ,1'. the tttler• .. itcxt ,.yi ll; - e;:dln:r': list• rI Ir:, t'll;• :4tr:. 1•G:in:nr) r; ,irr.lt tis l'na'i•I l', rl
1 n v:\rlr•I. tili .l .rsv. ; t h.Ir., oU r •t'• o t. ah<,n: .,.,tJ :r>ti.Ix tint tru I Ir in is r,rn.tl
id (l 1 A,\V,, I .:d c. . n I;, r.aiil `tt rth;rr•:I .nnx r hun;r `;`.=t"i'°: I. I?:':,. ) f `rtr?t t:t:
n: u1r„t •: ;;t isaPl7er nl 'clicl S:':dSii �: I:
i'h ntc :a to , li: I irtt ri :a rant, l lire t I `.!r dile !;lk,
t
,:; d ,
fit,, 1 1
lilcnr.• p:u' i 1 [: ` ,.c �; _ 'dll' .,tr : t `,,II lir" t it `.> lUt I
a:' G, a .al, Ili'F tH enc
it1.'1ahPJr1;=;
'I"I .,t 21 1{. a_d : t,trlh tine `C >, )°e,,„•ty v'tSr•itthwtt i ,or.
. 1li niri:..aui,tt,'i'1. •;
SPECIAL WARRANTY DEED - 4
Lot 5/G, 6/1-1, 7/1:
A parcel of land situate in the northeast of the northwest quarter of Section 14,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at north quarter corner of said Section 14, thence N89°37'56"W,
1,328.58 feet along the northerly boundary of said Section 14 to the northwest corner of
the northeast quarter of the northwest quarter of said Section 14; thence S00006'3r W,
89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter
of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89°37'56"E,
249.00 feet along the southerly right-of-way of the Von Lateral to the point of
Beginning:
Thence continuing S89037'56"E, 466.93 feet along the southerly
right-of-way of the Von Lateral;
Thence S00°06'37"W, 607.69 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the northerly boundary of the Ten Mile Drain;
Thence S89°23'03"W, 466.96 feet along the northerly boundary of
the Ten Mile Drain;
Thence N00°06'37"E, 616.71 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the Point of Beginning.
Ewa
A parcel of land situate in the northeast of the northwest quarter of Section 14,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
SPECIAL WARRANTY DEED - 5
Commencing at north quarter comer of said Section 14; thence N89°37'56 W,
1,328.98 feet along the northerly boundary of said Section 14 to the northwest comer of
the northeast quarter of the northwest quarter of said Section 14; thence S00006'37"W,
89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter
of said Section 14 to the southerly right-of-way of the Von Lateral, thence S89°37'66"E,
249.00 feet along the southerly right-of-way of the Von Lateral; thence S00006'37"W,
735.71 feet along a line parallel to the westerly boundary of the northeast quarter of the
northwest quarter of said Section 14 to the southerly boundary of Ten Mile Drain and to
the Point of Beginning;
Thence N89°23'03"E, 466.97 feet along the southerly boundary of
the Ten Mile Drain;
Thence S00°06'37"W, 511.74 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the southerly boundary of the northeast quarter of the
northwest quarter of said Section 14;
Thence N89°39'03"W, 466.94 feet along the southerly boundary of
the northeast quarter of the northwest quarter of said Section 14;
Thence N00°06'37"E, 503.87 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the Point of Beginning.
Comprising a total of 12.00 acres, more or less.
SPECIAL WARRANTY DEED - 6
A parcel of land situate in the northeast quarter of the northwest quarter of
Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,
being more particularly described as follows:
Commencing at north quarter corner of said Section 14: thence N89°37'6V'W,
1,328.98 feet along the northerly boundary of said Section 14 to the northwest comer of
the northeast quarter of the northwest quarter of said Section 14; thence S00°08'37"W,
89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter
of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89037'66'E,
715.93 feet along the southerly right-of-way of the Von Lateral; thence S00°06'3T'W,
607.69 feet along a line parallel to the westerly boundary of the northeast quarter of the
northwest quarter of said Section 14 to the northerly boundary of the Ten Mile Drain and
to the Point of Beginning:
Thence S00°06'37"W, 120.00 feet along aline parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the southerly boundary of the Ten Mile Drain;
Thence 889023'43'W, 466.97 feet along the southerly boundary of
the Ten Mile Drain;
Thence Np0°06'37"E, 126.60 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the northerly boundary of the Ten Mile Drain:
Thence N89°23'03„E, 466.96 feet along the northerly boundary of
the Ten Mile Drain to the Point of Beginning.
Comprising 1.29 acres, more or less.
SPECIAL WARRANTY DEED - 7
ADA COUNTY RECORDER Christopher D. Rich 2018.074182
BOISE IDAHO Pgs=8 VICTORIA BAILEY 08/07/2018 11:36 AM
ROSE WALKER AMOUNT:$15.00
1111111111111111111111111111111111111111111,111111
When recorded, please return to: 00528185201800741820080082
Rose Walker
855 W. Broad Street, Suite 300
Boise, ID 83702
(Ten Mile Creek)
The following Special Warranty Deed dated May 1, 2018, and
recorded on May 2, 2018, as Instrument No. 2018-039708, in the
records of Ada County, Idaho.
The Special Warranty Deed is hereby modified to delete the Legal
Description for Parcel 4/17 in its entirety and replace it with the
following:
A PARCEL OF LAND SITUATED IN THE NORTHEAST OF THE NORTHWEST QUARTER OF SECTION 14,
TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTH QUARTER CORNER OF SAID SECTION 14; THENCE
NORTH 89037'56" WEST, 1,328.98 FEET ALONG THE NORTHERLY BOUNDARY OF SAID SECTION 14 TO
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 14; THENCE
SOUTH 00006'37" WEST, 828.99 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHERLY BOUNDARY OF
THE TEN MILE STUB DRAIN AND TO THE POINT OF BEGINNING: THENCE
NORTH 89023'03" EAST, 249.02 FEET ALONG THE SOUTHERLY BOUNDARY OF THE TEN MILE STUB
DRAIN; THENCE
SOUTH 00006'37" WEST, 503.86 FEET ALONG A LINE PARALLEL TO THE WESTERLY BOUNDARY OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHERLY
BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14;
THENCE
NORTH 89039'03" WEST, 249.00 FEET ALONG THE SOUTHERLY BOUNDARY OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE
NORTH 00006'37" EAST, 499.67 FEET ALONG THE WESTERLY BOUNDARY OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14 TO THE POINT OF BEGINNING.
This. Correction Page is now incorporated as part of the original
document.
Upon Recording:
Please return to: ADA COUNTY RECORDER Christopher D. Rich 2018-039708
BOISE IDAHO Pgs=7 CHE FOWLER 05/0212018 04:20 PM
Rose Walker ROSE WALKER AMOUNT:$15.00
855 W. Broad Street, Suite 300
Boise, Idaho 83702 0049134 080070077
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, SCS BRIGHTON LLC, an Idaho limited liability
company, whose address is 855 W. Broad Street, Suite 300, Boise, Idaho 83702 (the
"Grantor"), does hereby GRANT AND CONVEY a Fifty Percent (50%) undivided
tenancy in common interest unto BRIGHTON LAND HOLDINGS LLC, an Idaho
limited liability company (the "Grantee"), whose address is 12601 W. Explorer Drive,
Suite 200, Boise, ID 83713, the real property located in Ada County, Idaho which is more
particularly described in Exhibit A, which exhibit is attached hereto and made a part
hereof by this reference (the "Premises").
TO HAVE AND TO HOLD said Premises, with their appurtenances unto the said
Grantee and to the Grantee's successors and assigns forever. The Grantor does hereby
warrant to said Grantee, that the Grantor has not created or permitted to be created any
lien, charge, or encumbrance against the Premises except current year's taxes, levies, and
assessments, and except U.S. Patent reservations, restrictions; easements of record, and
easements visible upon the Premises; and that Grantor will warrant and defend the same
forever from all lawful claims whatsoever.
DATED: MAt I , , 2018
GRANTOR:
SCS BRIGHTON LLC
an Idaho limited liability company
By: Brighton Corporation, an Idaho corporation, Manager
By:
Blake R. Alder, President
SPECIAL WARRANTY DEED - 1
County of Ada
On this L 5� day of, in the year of 2018, before me a Notary
Public of said State, personally appeared Blake R. Alder, known or identified to me to be
the President of Brighton Corporation, the Manager of SCS Brighton LLC, the company
that executed the instrument or the person who executed the instrument on behalf of said
company, and acknowledged to me that such company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
SPECIAL WARRANTY DEED - 2
Notary Public for I o
My Commission expires "7
AMANDA 1MV,(,U1R
{,
°
H'Or- IDA -10
�r
SPECIAL WARRANTY DEED - 2
Notary Public for I o
My Commission expires "7
EXHIBIT A
Legal Description
Lot 1 /A, 2/D, 3/E:
A parcel of land situated in a portion of the Northwest 1/4 of Section 14, Township 3 North, Range 1
West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows:
Commencing at a found brass cap monument marking the Northwest corner of said Section 14, which
bears N89°09'27"W a distance of 2,657.99 feet from a found aluminum cap monument marking the
North 114 corner of said Section 14, thence following the northerly line of said Northwest 1/4,
S89909'27"E a distance of 1,329.00 feet to a found aluminum cap monument marking the Northeast
corner of the Northwest 1/4 of the Northwest 1/4 (West 1/16 corner) of said Section 14;
Thence leaving said northerly line and following the easterly line of said Northwest 1/4 of the Northwest
1/4, S00°34'31"W a distance of 71,01 feet to the southerly right-of-way line of West Franklin Road and
being the POINT OF BEGINNING.
Thence leaving said southerly right-of-way line and following said easterly line, S00°34'31"W a distance
of 17.99 feet;
Thence leaving said easterly line, S89009'27"E a distance of 249.00 feet to a found 1/2 -inch rebar;
Thence S00°34'31"W a distance of 735.72 feet;
Thence S89°51'32"W a distance of 302.59 feet;
Thence S00°33'410'W a distance of 34.80 feet to the proposed subdivision boundary of TM Creek
Subdivision No. 3;
Thence following said proposed subdivision boundary of TM Creek Subdivision No. 3 the following
courses:
1. N89'26'19"W a distance of 75.50 feet;
2. N00'33'41"E a distance of 140.28 feet;
3. S89°28'20"W a distance of 227.67 feet;
4. 188.88 feet along the arc of a circular curve to the right, said curve having a radius of 170,00
feet, a delta angle of 46°48'25", a chord bearing of N67°07'28"W and a chord distance of 135.05
feet to a found 5/8 -Inch rebar on the subdivision boundary of TM Creek Subdivision No. 2 (Book
112 of Plats at Pages 16,402 through 16,407, records of Ada County, Idaho);
Thence leaving said proposed subdivision boundary and following said subdivision boundary of TV[
Creek Subdivision No. 2 the following courses:
1. N43°43'15"W a distance of 120.57 feet to a found 5/8 -inch rebar;
2. N46°33'36"E a distance of 134.78 feet to a found 5/8 -inch rebar;
3. N43°36'32"E a distance of 25.50 feet to a found 5/8 -inch rebar;
4. 13.96 feet along the arc of a circular curve to the right, said curve having a radius of 298.00 feet,
a delta angle of 02041'500, a chord bearing of N45°02'58"W and a chord distance of 13.95 feet
to a found 5/8 -inch rebar;
5. N43°42'28"W a distance of 157.56 feet;
SPECIAL WARRANTY DEED - 3
95.74 feet along the arc of a circular curve to the right, said curve having a radius of 163,00 feet,
a delta angle of 33*39'13', a chord bearing of N26*52'52"W and a chord distance of 94.37 feet
to a found 5/8 -Inch rebar;
58902112rE a distance of 238.10 feet;
N00'33'41"E a distance of 206.23 feet to said southerly right-of-way line of West Franklin Road;
Thence leaving said subdivision boundary of TM Creek Subdivision No. 2 and following said southerly
right-of-way line the following courses:
1. S83'19'5eEa distance of 144.49 feet;
2. S$9*06'53"E a distance of 158.24 feet;
3. N00635'DrE a distance of 12.05 feet;
4. 589"09'27"E a distance of 75.09 feet to the POINT OF BEGINNING.
Said parcel contains a total of 510,396 square feet (11.717 acres), more or less, and Is subject to all
existing easements and/or rights of way of record or implied.
Lot 4/F:
Pad of'ihc NE I AINM 14 of,"vcliom 14 Township 3 INC -1111. Runge I 'Nt't' 1301, V Mulidion, ;Vla
.._x-sihrli asp
DEGINNINI; al ohm 'III( F
of "V;ly o' l."ItlMin Rd. wi"! Ille, ww'�, Ii Ad
11.1 1
stdd InICT's":Cliort IK:big Sillll"?-'-I WAY N'."O'l fact Z:el )!(1116 sJd uIme fiti%-'
,rirnef o I maid NT P4N%Vi;4 oi'SecIioti 14, s'.d6 Ift.1 fAlln kw
001,01W01 taloa{ of said I I:
vhowc Mow., 5;lid alons<aid esoI3IJ,crtvHvht kjfw5, offnnkfin Rd� Juel,
ITIC,ic:ojs 1 incl r'itjj said vve,;i line! of NIF i,'�fN\V IA S00'-a4'40'kV b el loflle ilot-th filiv of'l of hfi)c
'�
said ;� ,
Thelicu Said north Ilm
Tfivnc-.'� [/—I", �'s feel In the roint "fbeprillin'_
PN%t,! Ciiainr. 31.5.Q Aoc-, snore or less,
AND
-section beinp ""O;Y3- � W x* aid IY Iir Q' k",;1 il"� I I
0/41,1WIM, raid iniQ, I' or 1.10 dong �, lk I hw(ecl
vorlivi of"aid Nr7 k-INWI l ofstvlio/14, aid nordiwe-d conicr beill, SV'Vtl"-SOI I fte' -firoill (h<
kNeinM: Of .6(1 1,1/
'111rinc .11cno saH. ,Jongsr oldtl-,-,-I}' line *I ft -j; J'Ailt: Stvb DrJl) NW
TliorQ 11;11-.1110 50.Q5 rce, to tht 50'1111 lino Of ;-Rid
M11 I !.ININY I /41.
lite o-cr along/lid south line ll()I'%V 249,(X) fc t it. solaliNvot com-,- ofiii 'NIT:l ?4NIX i"'I:
lmc ol'IT P4"M' I -'.I Mhy°-1r-01(. fttt tc� the Poilll (AAwginnill,
Parc i Cotimins 2,1160 Aoe�� timn or leo
i,R Nil
SPECIAL WARRANTY DEED - 4
Lot 5/G, 6/1-1, 7/1:
A parcel of land situate in the northeast of the northwest quarter of Section 14,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
Commencing at north quarter corner of said Section 14; thence N89037'56"W,
1,328.98 feet along the northerly boundary of said Section 14 to the northwest corner of
the northeast quarter of the northwest quarter of said Section 14; thence SOO"06'3T'W,
89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter
of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89937'56"E,
249.00 feet along the southerly right-of-way of the Von Lateral to the Point sof
Beginning.
Thence continuing S89°37'56"E, 466.93 feet along the southerly
right-of-way of the Von Lateral;
Thence SOD°06'37"W, 607.69 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the northerly boundary of the Ten Mile Drain;
Thence S89°23'03"W, 466.96 feet along the northerly boundary of
the Ten Mile Drain;
Thence NOO*06'37"E, 615.71 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the Point of Beginning.
AND.,
A parcel of land situate in the northeast of the northwest quarter of Section 14,
Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more
particularly described as follows:
SPECIAL WARRANTY DEED - 5
Commencing at north quarter comer of said Section 14, thence N89°37'56"W,
1,328.98 feet along the northerly boundary of said Section 14 to the northwest comer of
the northeast quarter of the northwest quarter of said Section 14; thence S00°06'37"W,
89.40 feet along the westerly boundary of the northeast quarter of the northwest quarter
of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89037'56"E,
249.40 feet along the southerly right-of-way of the Von Lateral, thence S00°06'37"W,
735.71 feet along a line parallel to the westerly boundary of the northeast quarter of the
northwest quarter of said Section 14 to the southerly boundary of Ten Mile Drain and to
the Point of Beginning:
Thence N89°23'03"E, 466.97 feet along the southerly boundary of
the Ten Mile Drain;
Thence SO0°06'37"W, 611.74 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the southerly boundary of the northeast quarter of the
northwest quarter of said Section 14;
Thence N89°39'03"W, 466.94 feet along the southerly boundary of
the northeast quarter of the northwest quarter of said Section 14;
Thence N00006'37"E, 503.87 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the Point of Beginning.
Comprising a total of 12.00 acres, more or less.
SPECIAL WARRANTY DEED - 6
A parcel of land situate in the northeast quarter of the northwest quarter of
Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,
being more particularly described as follows:
Commencing at north quarter corner of said Section 14; thence N69037'66"W,
1,328.98 feet along the northerly boundary of said Section 14 to the northwest comer of
the northeast quarter of the northwest quarter of said Section 14; thence S00°0637"W,
89.00 feet along the westerly boundary of the northeast quarter of the northwest quarter
of said Section 14 to the southerly right-of-way of the Von Lateral; thence S89°37'WE,
718.93 feet along the southerly right-of-way of the Von Lateral; thence S00°06'37"W,
607.69 feet along a line parallel to the westerly boundary of the northeast quarter of the
northwest quarter of said Section 14 to the northerly boundary of the Ten Mile Drain and
to the Point of Beginning.
Thence S00°06'3711V, 120.00 feet along a line parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the southerly boundary of the Ten Mile Drain;
Thence S89923'03V, 466.97 feet along the southerly boundary of
the Ten Mile Drain;
Thence N00°06'37"E, 120.00 feet along a tine parallel to the
westerly boundary of the northeast quarter of the northwest quarter of said
Section 14 to the northerly boundary of the Ten Mile Drain;
Thence N89°23'03"E, 466.96 feet along the northerly boundary of
the Ten Mile Drain to the Faint of Beginning.
Comprising 1.29 acres, more or less.
SPECIAL WARRANTY DEED - 7
ADA COUNTY RECORDER Christopher D. Rich 2018-032624
When recorded, please return to: BOISE IDAHO Pgs=4 LISA BATT 0411212018 04:35 PM
Ten Mile Crossing Inc, TITLEONE BOISE $15.00
12601 W Explorer Drive, Suite 200 `=LECTRONIUALLY RECORDED
Boise, ID 83713 "TAMPED FIRST PAGE NOW
;' RT OF
GENERAL WARRANTY DEED ` HE ORIGINAL DOCUMENT
(TMC 113 -- SCSB to TMX)
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
SCS BRIGHTON LLC, an Idaho limited liability company ("Grantor") does hereby grant,
bargain, sell, and convey unto TEN MILE CROSSING INC., an Idaho corporation ("Grantee"),
whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, 83713, all of Grantor's
right, title and interest in and to that certain real property located in Ada County, Idaho, legally
described on Exhibit A, attached hereto and incorporated herein ("Premises").
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and
Grantee's successors and assigns forever, together with all water and water rights, ditch or
irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights
appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances
thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the
Premises, as well in law as in equity. Grantor, for itself, its heirs and assigns, does hereby
covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said
Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns
shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will
warrant and defend the same forever from all claims arising by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this
9T" day of April, 2018,
GRANTOR:
STATE OF IDAHO }
ss.
County of Ada )
SCS BRIGHTON, LLC,
an Idaho limited liability company
By: Brighton Corporation, Manager
By:
Blake R. Alder, President
On this 9`' day of April, 2018, before me the undersigned notary public, personally appeared
Blake R. Alder, known or identified to me to be the President of Brighton Corporation, the Manager of
SCS BRIGHTON, LLC, an Idaho limited liability company, the company that executed the instrument or
the person who executed the instrument on behalf of said company, and acknowledged to me that the
company executed the same. fi / / n
AMANDA McCUi FIY ,
NOT,,% Y PUBLIC
T- E OF ID�1I-10
GENERAL WARRANTY DEED -1
Notb'ry Public for Idaho
My Commission expires
When recorded, please return to:
Ten Mile Crossing Inc.
12601 W Explorer Drive, Suite 200
Boise, ID 83713
GENERAL WARRANTY DEED
(TMC #3 — SCSB to TMX)
4-LECTRONICALLY RECORDS i
TAMPED FIRST PAGE NOW
NICORPORATED AS PART OF
'HE ORIGINAL DOCUMENT:
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
SCS BRIGHTON LLC, an Idaho limited liability company ("Grantor") does hereby grant,
bargain, sell, and convey unto TEN MILE CROSSING INC., an Idaho corporation ("Grantee"),
whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho, 83713, all of Grantor's
right, title and interest in and to that certain real property located in Ada County, Idaho, legally
described on Exhibit A, attached hereto and incorporated herein ("Premises").
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and
Grantee's successors and assigns forever, together with all water and water rights, ditch or
irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights
appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances
thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the
Premises, as well in law as in equity. Grantor, for itself, its heirs and assigns, does hereby
covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said
Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns
shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will
warrant and defend the same forever from all claims arising by, through or under Grantor.
IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed this
9T" day of April, 2018.
GRANTOR:
STATE OF IDAHO )
ss.
County of Ada )
SCS BRIGHTON, LLC,
an Idaho limited liability company
By: Brighton Corporation, Manager
IN
Blake R. Alder, President
On this 9'h day of April, 2018, before me the undersigned notary public, personally appeared
Blake R. Alder, known or identified to me to be the President of Brighton Corporation, the Manager of
SCS BRIGHTON, LLC, an Idaho limited liability company, the company that executed the instrument or
the person who executed the instrument on behalf of said company, and acknowledged to me that the
company executed the same.
AMANDA McCUHI Y
IMAl Y PUBLIC
S IAT E OF IDAHO
GENERAL WARRANTY DEED -'1
NotVry Public for Idah, /
My Commission expires
Exhibit A
PREMISES DESCRIPTION
March 8, 2018
Brighton Development, LLC
Project No. 17-179
Legal Description
TM Creek Subdivision No. 3 Less Proposed Lot 21, Block 2
A parcel of land situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 14, Township
3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly
described as follows:
Commencing at a found brass cap monument marking the Northwest corner of said Section 14, which
bears N89009'27"W a distance of 2,657.99 feet from a found aluminum cap monument marking the
North 1/4 corner of said Section 14, thence following the northerly line of said Northwest 1/4,
S89909'27"E a distance of 850.49 feet to a point;
Thence leaving said northerly line, S00°50'33"W a distance of 679.58 feet to a found 5/8 -inch rebar and
being the POINT OF BEGINNING.
Thence 138.88 feet along the arc of a circular curve to the left, said curve having a radius of 170.00 feet,
a delta angle of 46°48'25", a chord bearing of S67007'28"E and a chord distance of 135.05 feet to a set
S/8 -inch rebar;
Thence N89028'20"E a distance of 227.67 feet to a set 5/8 -inch rebar;
Thence S0003341"W a distance of 140.28 feet to a set 5/8 -inch rebar;
Thence S89°26'19"E a distance of 74.00 feet to a set 5/8 -inch rebar;
Thence S00°3341"W a distance of 157.76 feet to a set 5/8 -inch rebar;
Thence 65.67 feet along the arc of a circular curve to the left, said curve having a radius of 1,17950 feet,
a delta angle of 03°11'23", a chord bearing of S01°02'01"E and a chord distance of 65.66 feet to a set
5/8 -inch rebar;
Thence 65.07 feet along the arc of a compound curve to the left, said curve having a radius of 966.50
feet, a delta angle of 03°51'27", a chord bearing of SO4°33'26"E and a chord distance of 65.06 feet to a
set 5/8 -inch rebar;
Thence S18051'09"E a distance of 76.91 feet to a set 5/8 -inch rebar;
Thence S72034'12"W a distance of 43.80 feet to a set 5/8 -inch rebar;
Thence N83058'29"W a distance of 26.21 feet to a set 5/8 -inch rebar;
Thence N66'24'38"W a distance of 43.48 feet to a set 5/8 -inch rebar;
Thence 18.55 feet along the arc of a circular curve to the right, said curve having a radius of 77.00 feet, a
delta angle of 13°48'24", a chord bearing of S29°44'10"W and a chord distance of 18.51 feet to set 5/8 -
Inch rebar;
Thence 18.85 feet along the arc of a compound circular curve to the right, said curve having a radius of
36.50 feet, a delta angle of 29035'16", a chord bearing of S51025'55"W and a chord distance of 18.64
feet to a set 5/8 -inch rebar;
Thence 27.92 feet along the arc of a compound circular curve to the right, said curve having a radius of
186.00 feet, a delta angle of 08'35'58", a chord bearing of S70°31'33"W and a chord distance of 27.89
feet to a set 5/8 -inch rebar;
Thence S74049'33"W a distance of 54.26 feet to a set 5/8 -inch rebar;
GENERAL WARRANTY DEED - 2
Thence 121.33 feet along the arc of a circular curve to the right, said curve having a radius of 284.50
feet, a delta angle of 24026'03", a chord bearing of S87002'34"W and a chord distance of 120.41 feet to
a set 5/8 -Inch rebar;
Thence 94.86 feet along the arc of a compound circular curve to the right, said curve having a radius of
962.00 feet, a delta angle of 05°38'59", a chord bearing of N77054'57"W and a chord distance of 94.82
feet to a set 5/8 -inch rebar;
Thence N75005'28"W a distance of 442.60 feet to a set 5/8 -inch rebar;
Thence 68.74 feet along the arc of a circular curve to the left, said curve having a radius of 538.00 feet, a
delta angle of 07019'13", a chord bearing of N78°45'05"W and a chord distance of 68.69 feet to a set
5/8 -inch rebar on the easterly boundary of TM Creek Subdivision No. 1(Book 110 of Plats at Pages
15,663 through 15,666, records of Ada County, Idaho);
Thence following said easterly boundary the following three (3) courses:
1. N10°13'14"E a distance of 77.06 feet to a found 5/8 -inch rebar;
2. 8.35 feet along the arc of a circular curve to the left, said curve having a radius of 49.50 feet, a
delta angle of 09'39'54", a chord bearing of N05023'12"E and a chord distance of 8.34 feet to a
found 5/8 -inch rebar;
3. N00.33'10"E a distance of 269.11 feet to a found 5/8 -inch rebar on the southerly boundary of
TM Creek Subdivision No. 2 (Book 112 of Plats at Pages 16,402 through 16,407, records of Ada
County, Idaho);
Thence leaving said easterly boundary and following said southerly boundary the following two (2)
courses:
1. S89026'50"E a distance of 336.24 feet to a found 5/8 -inch rebar;
2. N4601645"E a distance of 152.91 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM
Commencing at a found brass cap monument marking the Northwest corner of said Section 14, which
bears N89009'27"W a distance of 2,657.99 feet from a found aluminum cap monument marking the
North 1/4 comer of said Section 14, thence following the westerly line of the Northwest 1/4 of said
Section 14, S00033'33"W a distance of 1,143.96 feet;
Thence leaving said westerly line, S89°26'27"E a distance of 387.79 feet to a point on the easterly
boundary of TM Creek Subdivision No. 1(Book 110 of Plats at Pages 15,663 through 15,666, records of
Ada County, Idaho) and being the POINT OF BEGINNING.
Thence following said easterly boundary the following three (3) courses:
4. N10°13'14"E a distance of 77.06 feet to a found 5/8 -inch rebar;
S. 8.35 feet along the arc of a circular curve to the left, said curve having a radius of 49.50 feet, a
delta angle of 09°39'54", a chord bearing of N05°23'12"E and a chord distance of 8.34 feet to a
found 5/8 -inch rebar;
6. N00°33'10"E a distance of 269.11 feet to a found 5/8 -Inch rebar on the southerly boundary of
TM Creek Subdivision No. 2 (Book 112 of Plats at Pages 16,402 through 16,407, records of Ada
County, Idaho);
GENERAL WARRANTY DEED - 3
Thence leaving said easterly boundary and following said southerly boundary the following two (2)
courses:
3. S89026'50"E a distance of 336.24 feet to a found 5/8 -inch rebar;
4. N46°16'45"E a distance of 52.91 feet to a found 1/2 -Inch rebar;
Thence leaving said southerly boundary, 220.57 feet along the arc of a circular curve to the left, said
curve having a radius of 270.00 feet, a delta angle of 46°48'25", a chord bearing of S67007'28"E and a
chord distance of 214.49 feet to a point,
Thence N89°28'20"E a distance of 225.76 feet to a point;
Thence S00'33'41"W a distance of 229.38 feet to a point;
Thence 72.76 feet along the arc of a circular curve to the left, said curve having a radius of 633.17 feet, a
delta angle of 06°35'02", a chord bearing of S02°43'50"E and a chord distance of 72.72 feet to a point;
Thence S06°01'21"E a distance of 32.83 feet to a point;
Thence S08034'34"W a distance of 61.02 feet to a point;
Thence 18.55 feet along the arc of a circular curve to the right, said curve having a radius of 77.00 feet, a
delta angle of 13048'24", a chord bearing of S29°44'10"W and a chord distance of 18.51 feet to a point;
Thence 18.85 feet along the arc of a compound circular curve to the right, said curve having a radius of
36.50 feet, a delta angle of 29035'16", a chord bearing of S51025'55"W and a chord distance of 18.64
feet to a point;
Thence 27.92 feet along the arc of a compound circular curve to the right, said curve having a radius of
186.00 feet, a delta angle of 08°35'58", a chord bearing of S70°31'33"W and a chord distance of 27.89
feet to a point;
Thence S74949'33"W a distance of 54.26 feet to a point;
Thence 121.33 feet along the arc of a circular curve to the right, said curve having a radius of 284.50
feet, a delta angle of 24°26'03", a chord bearing of S87°02'34"W and a chord distance of 120.41 feet to
a point;
Thence 94.86 feet along the arc of a compound circular curve to the right, said curve having a radius of
962.00 feet, a delta angle of 05°3859", a chord bearing of N77054'57"W and a chord distance of 94.82
feet to a point;
Thence N75°05'28"W a distance of 442.60 feet to a point;
Thence 68.74 feet along the arc of a circular curve to the left, said curve having a radius of 538.00 feet, a
delta angle of 07019'13", a chord bearing of N78°45'05"W and a chord distance of 68.69 feet to the
POINT OF BEGINNING.
Resultant description contains a total of 1.592 acres, more or less, and is subject to all existing
easements and/or rights of way of record or Implied.
3 •g -U98
GENERAL WARRANTY DEED - 4
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 34.00 9
BOISE IDAHO 01/16/2013 04:13 PM
DEPUTY Bonnie Oberbiilig
RECORDED-REQUEST
Electronic Recording 1111111 Hill Hill 11111111111111111III111111111111III 11111 Ilii IN
RECORDED-REQUEST OF
TITLEONE BOISE 113005790
This sheet has been added to the document to
accommodate recording information.
ADA COUNTY RECORDER Christopher D. Rich AMOUNT 31.00 I
BOISE IDAHO 12128/12 12;49 PM
DEPUTY Gail Garrett
RECORDED-REQUEST OF
When recorded, please return to:
Brighton Investments 112137189
SCS Brighton LLC
12601 W. Explorer Drive, Suite 200
Boise, Idaho 83713
Attn. Legal
4 VLRcorM % fttre(.� �9g4t JJ Sur ani
GENERAL WARRANTY DEED
[Ten Mile Land (excluding Calnon)]
FOR VALUE RECEIVED, the receipt and sufficiency of which is hereby acknowledged,
STEVEN C. SMITH, an individual, with an address of 2274 W. Clearvue Court, Eagle, Idaho
83616, as stated above, with an undivided fifty percent (50%) tenancy in common interest, and
BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, with an address of 2101
W. Clearvue Court, Eagle, Idaho 83616, with an undivided fifty percent (50%) tenancy in
common interest (collectively "Grantor") do hereby grant, bargain, sell, and convey unto SCS
BRIGHTON LLC, an Idaho limited liability company ("Grantee"), with the address above, all of
Grantor's right, title and interest in that certain real property located in Ada County, Idaho,
legally described on Exhibit A, attached hereto and incorporated herein ("Premises").
TO HAVE AND TO HOLD the Premises, with its appurtenances unto Grantee, and
Grantee's successors and assigns forever, together with all water and water rights, ditch or
irrigation company shares, streets, alleys and rights of way adjacent thereto, all mineral rights
appurtenant thereto, and all and singular tenements, hereditaments, and appurtenances
thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and
remainders, rents, issues, and profits thereof, and all estate, right, title and interest in and to the
Premises, as well in law as in equity. Grantor, for itself, its heirs and assigns, does hereby
covenant to and with the said Grantee, that the Grantor is the owner in fee simple of said
Premises; that the Premises are free from all encumbrances; that Grantee, its heirs and assigns
shall be entitled to the quiet and peaceable possession of said Premises; and that Grantor will
warrant and defend the same forever from all lawful claims whatsoever.
TO HAVE AND TO HOLD the Premises, with its appurtenances including, but not limited
to, water rights, unto Grantee, and Grantee's successors and assigns forever.
[end of text]
GENERAL WARRANTY DEED - 1
IN WITNESS WHEREOF, Grantor has caused its name to be hereunto subscribed
thisday of December, 2012.
GRANTOR:
tw*
S ITH
BRIGHTON INVESTMENTS, LLC,
an Idaho ' ited li ility company,
By:
David W. Turnbull, Managing Member
STATE OF IDAHO )
ss.
County of Ada )
On this 14�,- day of UAk4w , 200 before me, a Notary Public in and for
said State, personally appeared STEVEN C. SMITH, known or identified to me to be the person
whose name is subscribed to the within instrument, and acknowledged to me that he executed
the same.
In witness whereof, I have hereunto setmy and and affixed my official seal the day
and year in this certificate first above written.
AMANDA K. SCHAUS
Notary Public f r
NOTARY P€.,BUC Residing at 991) IP
STATE OF IDAHO My commission expires f. Zlf 17
STATE OF IDAHO
ss.
County of Ada
On this day of bVA , 201?; before me, a Notary Public in and for
said State, personally appeared David W. Turnbull, known or identified to me to be the
Managing Member of BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company, the
limited liability company that executed the instrument or the person who executed said the
within instrument on behalf of such limited liability company, and acknowledged to me that he
executed the same in such limited liability company's name.
In witness whereof, I have hereunto set my and and affixed my official seal the day
and year in this certificate first above written.
AMAINDA K. `;C,HAt1S
WY
NO T A�- Y F`U SI._IC Notary Public for G
STATE OFIDAHO Residing at Btt`sv lD
My commission expires 1,2N 17
GENERAL WARRANTY DEED - 2
Exhibit A
Legal Description
An 100% interest in and to the Premises described in this Exhibit A (attached).
GENERAL WARRANTY DEED - EXHIBIT
x�,�irev6d -�
LEGAL DESCRIPTION LY(U1 M g
of SW Corner of 10 Mile Road & Franklin Road Property re 11
Idi iZ
Part of the NWl/4NW 1/4 of Section 14 Township 3 North, Range I West, Boise Meridian, Ada County, Idaho
described as:
BEGINNING at the intersection of the southerly right of way of Franklin Rd. and the easterly line of said
NW1/4NW1/4, said intersection being S00°34'40"W 71.00 feet along said easterly line from the northeast
corner of said NW1/4NW1/4 of Section 14, said northeast corner being S89°09'50"E 1328.99 feet from the
northwest corner of said Section 14;
Thence along said east line ofNWl/4NW1/4 S00034 -'40"W 1257.75 feet to the southeast corner of.said
NW1/4NW1/4;
Thence along the south line of said NW1/4NW1/4 N89010'41"W 371.69 feet to the centerline of the
Kennedy Lateral; thence along said centerline the following nine (9) courses,
(1) N50°5833'W 17.95 feet;
Thence (2) N53'1 1'09"W 198.60 feet;
Thence (3) N61°20'57'W 85.70 feet to a point of curve;
Thence (4) .along said curve to the left 68.62 feet(Curve Data: Radius=69.99 feet, Delta=56°10' 13",
chord bears N89°26'39"W 65.90 feet);
Thence (5) S62°27'45"W 91.30 feet to a point of curve;
Thence (6) along said curve to the right 107.70 feet(Curve Data: Radius=199.99 feet, De4ta7-30°5l' 15",
chord bears S77153'45"W 106.40. feet);
Thence (7) N86°40' 15"W 156.20 feet to a point of curve; thence (8) along said curve to the left 92.42
feet(Curve Data: Radius=199.99 feet, Delta=26°28'39", chord bears S80°05'03"W 91.60 feet);
Thence (9) S66°50'21 "W 186.46 feet to the intersection of the centerline. of said of Kennedy Lateral and
the easterly right of way of Ten Mile Rd.;
Thence along said right of way the following thirteen (13) courses,
(1) N03039'43'E 21.08 feet
Thence (2) N86°20' 16"W 16.21 feet;
Thence (3) N00°33'57"E 4.41 feet;
Thence (4) N 10'47'13 "E 92.31 feet;
Thence (5) NO3'39'43"E 124.63 feet;
Thence (6) N38148'09"E 44.90 feet;
Thence (7) NO3°3.1'S0"E 66.88 feet;
Thence (8) N49°26'20"W 47.72 feet to point of curve;
Thence (9) along said curve to the left 19.84 feet(Curve Data: Radius=7272.00 feet, Delta=00°09'23",
chord bears NO2055'56"E 19.84 feet);
Legal Description, Page 1 of 2
Thence (10)N89°41'58"E 4.34, feet;.
Thence (11) N00°33'39"E 652.21 feet;
Thence (12) N07°40'57"E 80,62 feet;
Thence (13) N00133'20"E 100.00 feet;
Thence N45°09'55"E 23.06 feet to the southerly right of way of Franklin Rd.;
Thence along said southerly right of way the following sixteen (16) courses,
(1) S89009'50"E 176.45 feet;
Thence (2) S00050'10"W 10.00 feet;
Thence (3) S89°09'50"E 70.00 feet;
Thence (4) N00050'1 O"E 10.00 feet;
Thence (5) S89109'50"E 44.37 feet;
Thence (6) N88°22`59"E 9.64 feet;
Thence (7) S00050'10"W 7.41 feet;
Thence (8) S89°09'50"E 61..72 feet;
Thence (9) S84°35'06"E 1.13.53 feet;
Thence (10) S88°42144"E 128.76 feet;
Thence (11) N84°21'l7E 94.58 feet;
Thence (12) N87°36'21 "E 180.08 feet;
Thence (13) S83°20'17"E 144.49 feet;
Thence (14) S89°07'16"E 158.24 feet;
Thence (15) N00°34'40"E 12.05 feet;
Thence (16) S89°09'50"E 75.00 feet to the point of BEGINNING.
Parcel Contains 34.628 Acres more or less.
?,)dnt 1A /k - ?1'f 2
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Legal Description, Page 2 of
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LEGAL DESCRIPTION FOR TM CROSSING
TOWNSHIP 3 NORTH, RANGE 1 WEST, SECTION 14, B.M.
ADA COUNTY, IDAHO
Being a portion of the NW 1/4 of the SW 1/4, Section 14, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho, described as follows:
Commencing at the Northwest corner of the Southwest 1/4 of Section 14; thence along the north
quarter line of said Southwest 1/4 S 89°11'32" E, a distance of 34.98 feet, to a point; to a point on the
east right of way line of Ten Mile Road, point also being the Northwest property corner of parcel
51214325500, point also being the POINT OF BEGINNING.
Thence leaving said east Ten Mile Road right of way line S 8911'32" E, a distance of 2621.44 feet, to a
point, also being a point on the north property
line parcel 51214314807;
Thence leaving said north property line S 00°34'54" W, a distance of 1345.61 feet, to a point;
to a point, also being a point on the north right
of way of Interstate 84;
Thence along said right of way N 89°34'28"
W, a distance of 503.21 feet, to a point;
Thence along said right of way N 81°02'23"
W, a distance of 26.89 feet, to a point, also being a point on
the west corner of said parcel;
Thence leaving said property corner along said
right of way N 80°58'41" W, a distance of 56.23 feet; to a
point;
Thence along said right of way N 85°28'18"
W, a distance of 668.19 feet, to a point;
Thence along said right of way N 04'16'40"
E, a distance of 25.03 feet, to a point;
Thence along said right of way N 85`32'20"
W, a distance of 110.00 feet, to a point;
Thence along said right of way S 04"27'40"
W, a distance of 15.00 feet, to a point;
Thence along said right of way N 813449"
W, a distance of 422.74 feet, to a point;
Thence along said right of way N 82'32'17"
W, a distance of 579.12 feet, to a point;
Thence along said right of way N 73"57'16"
W, a distance of 103.91 feet, to a point;
Thence along said right of way N 47°21'40"
W, a distance of 168.01 feet, to a point, also being a point on
the east right of way of Ten Mile Road;
Thence along said right of way N 12°04'04"
W, a distance of 92.20 feet, to a point;
Thence along said right of way N 01"29'59"
W, a distance of 468.03 feet, to a point;
Thence along said right of way N 89°28'12"
W, a distance of 4.00 feet, to a point;
Thence along said right of way N 00'31'51"
E, a distance of 372.24 feet, to a point;
Thence along said right of way N 00°31'51"
E, a distance of 84.53 feet, to a point, also being the POINT
OF BEGINNING.
Containing 75.52 acres, more or less.
Basis of Bearing
West section line of the NW % of Section 14 commencing at the Northwest corner of the Southwest 1/4
of Section 14; thence N 00°33'40" E, a distance of 2658.13 feet, to the northwest corner of section 14.
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S89° 11'32"E 2621.43'
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N89° 34'28"W 503.21'
N85" 32'20'W
668.19'
NBI' 02' 23'W
110.00'
N80° 58'41'W 26.89'
S4.27' 40°W
56.23'
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TM CROSSING BOUNDARY MAP BCOORPORRATON
KELLER
associates
131 SW @hA-. WInA
WeAlm Idaho 83842
(288)288./882
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO )
COUNTY OF ADA )
Michael A. Hall on behalf of
SCS TM Creek LLC
(name)
3240 W. Bavaria
(address)
Eaole Idaho
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
M cC(d lA9 Fx,C , �l W /UMM61`tle-
(name) AAC-&-Plr (q -AJ (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. 1 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 24 day of July 20 19
Michael A. Hall (Signature)
SUBSCRIBED AND SWORN to before me the day and ar first above written.
Otoo$$ua,, —
••
,••�•.'PQRIL .q•,�,,.
000 see 1
NOT,gR'•..'L�'• (Notary Public for Idaho)
; , 1LIC
yNo.63N 60 1
•.... p •.
Residing at: Boise, Idaho
My Commission Expires:
03/05/2020
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
David W. Turnbull on behalf of
I Ten Mile Crossing, LLC
(name)
2929 W. Navigator Dr., Ste. 400
(address)
Meridian Idaho
(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) /U44zl Vltt,4j(address)
to submit the accompanying application(s) pertaining to that property.
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.
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 o;24' day of July 20 19
( ignature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
SHARIVAUGHAN `
Notary Public - State of Idaho (Notary Pu for Idaho)
Commission Number 20181002
My Commission Expires Jun 1, 2024 i
Residing at: as le
My Commission Expires:
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 9 Website: www.meridiancity.org
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA
Blake Alder on behalf of
I Brighton Land Holdings LLC
(name)
Meridian
(city)
being first duly sworn upon, oath, depose and say:
2929 W. Navigator Dr., Ste. 400
Idaho
(address)
(state)
1. 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.
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).
` l July 19
Dated this a4 -- day of 20
lldl'elvz�
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
A A" ( )a'-� - - lz��
(Notary Kubf for Idaho)
SHARIVAUGHAN
Notary Public •State of Idaho Residing at: Gala G, O
Commission Number 20181002
My Commission Expires Jun 1, 2024
My Commission Expires: )�3
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 9 Website: www.meridiancity.org
AFFIDAVIT OF LEGAL INTEREST
STATE OF IDAHO
COUNTY OF ADA )
Blake Alder on behalf of
I SCS Brighton LLC 2929 W. Navigator Dr., Ste. 400
(name) (address)
Meridian Idaho
(city) (state)
being first duly sworn upon, oath, depose and say:
1. That I am the record owner of the property described on the attached, and I grant my
permission to:
(name) (address) g3(0c��
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 oi• 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 0'4� day of July 20 19
"A41�
(Signature)
SUBSCRIBED AND SWORN to before me the day and year first above written.
(Notary Publidaho)
SHARI VAUGHAN
Notary Public - State of Idaho Residing at:
Commission Number 20181002
[My Commission Expires Jun 1, 2024
My Commission Expires: _ c
33 E Broadway Suite 210 • Meridian, Idaho 83642
Phone: (208) 884-5533 • Facsimile: (208) 888-6678 • Website: www.meridiancity.org
Mike Wardle
From: Mindy Wallace <Mwallace@achdidaho.org>
Sent: Thursday, July 18, 2019 10:58 AM
To: Mike Wardle
Subject: RE: TM Creek East Apartments Phase 2
Mike,
A traffic impact study is not required for this application.
Please let me know if you have any other questions.
Mindy
Mindy Wallace, AICP
Planning Review Supervisor
Ada County Highway District
208-387-6178
ACHD Development Services is open for business at our new location at 1301 N. Orchard Street, Suite
200 in the CSC building. Parking and building entrance are located on west side of building.
From: Mike Wardle <mwardle@brightoncorp.com>
Sent: Thursday, July 18, 2019 10:53 AM
To: Mindy Wallace <Mwallace@achdidaho.org>
Subject: TM Creek East Apartments Phase 2
[THIS EMAIL ORIGINATED EXTERNALLY. PLEASE USE CAUTION WHEN OPENING ATTACHMENTS OR LINKS INSIDE THIS
EMAIL.]
Mindy,
We will shortly submit a conditional use permit application for the second phase of apartments at TM Creek per the (151)
attached vicinity and (2"d) site plan for the 235 -unit project which will be located in an already -zoned R-40 area.
The Question: Will a TIS be required?
Mike Wardle
Direct 208.287.0512
Cell 208.863.6150
PRELIMINARY - NOT FOR CONSTRUCTION
CITY OF MERIDIAN
PRE -APPLICATION MEETING NOTES
Project/Subdivision Name: TM Creek East Apartments Phase 2 Date: 7/2/19
Applicant(s)/Contact(s): Jon W. John G.
City Staff: Sonya, Bill, Brian, Tom, Kenny, Steve, Jason
Location: South of W. Franklin Rd., east of Wavfinder Size of Property: 8.8
Comprehensive Plan FLUM Designation: HDR (TMISAP)
Existing Use: vacant/undeveloped Existing Zoning: R-40
Proposed Use: MFR Proposed Zoning: NA
Surrounding Uses: In development process, MFR
Street Buffer(s) and/or Land Use Buffer(s): 20' along collector streets landscaped per the standards in UDC 11-313-7C
Open Space/Amenities/Pathways: Multi -use pathway is planned on the north side of the creek
Access/Stub Streets: Access via S. Wavfinder Ave. and future street along south boundary
Waterways/ Floodplain/Topography/Hazards: Ten Mile Creek runs along north boundary of site & is required to remain open and be
protected during construction - should be designed as an amenity for the development
History: AZ -13-015 (DA#114045759), PP -13-030 (TM Creek); H-2015-0018 [AZ (DA#2016-037777), MDA TM Creek East]; H-2016-
0067 (TM Creek MDA #2016-073497)
Additional Meeting Notes: Comply with provisions of existing DA; or apply for a modification as necessary
• Conditional use permit for a multi -family development in the R-40 district; comply with the specific use standards listed in UDC 11-
4-3-27 - apply for alternative compliance to the parking standards listed in UDC 11-3A-196.3 and private open space standards
listed in UDC 11-4-3-2713.3
■ Land use transportation and design should be consistent with TMISAP and s/b demonstrated in plans & application narrative
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 hearing(s) 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. J
Other Agencies/Departments to Contact:
X Ada County Highway Dist. (ACHD)
❑ Nampa Meridian Irrigation Dist. (NMID)
❑
❑ Idaho Transportation Dept. (ITD)
❑ Settler's Irrigation District
❑
❑ Republic Services
❑ Police Department
❑
❑ Central District Health Department
❑ Fire Department
❑
Application(s) Required:
❑ Administrative Design Review
❑ Conditional Use Permit Mod ification/Transfer
❑
❑ Alternative Compliance
❑ Development Agreement Modification
❑
❑ Annexation
❑ Final Plat
❑
❑ City Council Review
❑ Final Plat Modification
❑
❑ Comprehensive Plan Amendment - Map
❑ Planned Unit Development
❑
❑ Comprehensive Plan Amendment - Text
❑ Preliminary Plat
❑
X Conditional Use Permit
❑ Private Street
❑
Public Works Department
Building Department.
Parks Department, Kim
Other:
Rezone
Short Plat
Time Extension - Council
UDC Text Amendment
Vacation
Variance
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.
Page L of L
Neighborhood Meeting Sign -in Sheet
TM Creek East Apartments — Phase 2
July 25, 2019 / 6:00 PM
PRINTED NAME
STREET ADDRESS
TELEPHONE(�,t
.)Jl(� VOIV�if 4v,
' ,V ��i
,�C�- 1 UU i (i16t 3, or. 1 �'t,l1V\. 1V
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_(_" . C-4, ( 1)-7�
-.447 -
BRIGHTON
CORPORATION
Neighborhood Meeting Notice
July 16, 2019
Subject: TM Creek East Apartments — Phase 2
A Conditional Use Permit application will soon be submitted to the City of Meridian for a
235 -unit apartment community within the R-40 zoned "P roject site " depicted in red below.
_ FRANKLIN ROAD21
Olt -
Z r
.i to {KK af• rr•: _ _
_ -= = = - PHASE 1 PHASE
- T �lekPA$TMENTS
TM CREEK
APARTMENT'S
A meeting has been scheduled to provide the opportunity for you to review the development
proposal with project representatives in greater detail.
Date Thursday, July 25, 2019
Time 6:00 PM
Location In the first floor lobby of the Brighton Office Building
at Ten Mile Crossing, 2929 W Navigator Drive, Meridian
If you have questions prior to the meeting, contact Mike Wardle at 208-287-0512
2929 West Navigator Drive Suite 400
www.brightoncorp.com p.208-378-4000
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
T TT)C.. 1 1-5 A-5.
1APP11G[L11L/ar,%, 1L olrliaLuly
Date
Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642
Phone: 208-884-5533 Fax: 208-888-6854 NvwNv.lneridianci!y.org/plaiinint,
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